Title 33 USCTitle 33 Online@118-34not31 no OLRC 2023-12-19T11:28:47 USCConverter 1.7.2  Title 33 NAVIGATION AND NAVIGABLE WATERS Current through 118-34not31    Chap. Sec.  1. Navigable Waters Generally 1  2. International Rules for Navigation at Sea [Repealed] 61  3. Navigation Rules for Harbors, Rivers, and Inland Waters Generally 151  4. Navigation Rules for Great Lakes and Their Connecting and Tributary Waters [Repealed] 241  5. Navigation Rules for Red River of the North and Rivers Emptying Into Gulf of Mexico and Tributaries [Repealed] 301  5A. Exemption of Navy or Coast Guard Vessels From Certain Navigation Rules [Repealed] 360  6. General Duties of Ship Officers and Owners After Collision or Other Accident [Repealed] 361  7. Regulations for the Suppression of Piracy 381  8. Summary Trials for Certain Offenses Against Navigation Laws 391  9. Protection of Navigable Waters and of Harbor and River Improvements Generally 400  10. Anchorage Grounds and Harbor Regulations Generally 471  11. Bridges Over Navigable Waters 491  12. River and Harbor Improvements Generally 540  13. Mississippi River Commission 641  14. California Debris Commission 661  15. Flood Control 701  16. Lighthouses 711  17. National Oceanic and Atmospheric Administration 851  18. Longshore and Harbor Workers Compensation 901  19. Saint Lawrence Seaway 981  20. Pollution of the Sea by Oil [Repealed] 1001  21. International Regulations for Preventing Collisions at Sea [Repealed] 1051  22. Sea Grant Colleges and Marine Science Development 1101  23. Pollution Control of Navigable Waters [Omitted or Transferred] 1151  24. Vessel Bridge-to-Bridge Communication 1201  25. Ports and Waterways Safety Program [Repealed or Transferred] 1221  26. Water Pollution Prevention and Control 1251  27. Ocean Dumping 1401  28. Pollution Casualties on the High Seas: United States Intervention 1471  29. Deepwater Ports 1501  30. International Regulations for Preventing Collisions at Sea 1601  31. Ocean Pollution Research and Development and Monitoring Planning [Repealed] 1701  32. Inland Waterways Trust Fund 1801  33. Prevention of Pollution From Ships 1901  33A. Marine Debris Research, Prevention, and Reduction 1951  34. Inland Navigational Rules 2001  35. Artificial Reefs 2101  36. Water Resources Development 2201  37. Organotin Antifouling Paint Control [Repealed] 2401  38. Dumping of Medical Waste by Public Vessels 2501  39. Shore Protection from Municipal or Commercial Waste 2601  40. Oil Pollution 2701  41. National Coastal Monitoring 2801  42. Estuary Restoration 2901  43. National Oceanic and Atmospheric Administration Commissioned Officer Corps 3001  44. Oceans and Human Health 3101  45. Tsunami Warning and Education 3201  46. National Levee Safety Program 3301  47. Ocean Exploration 3401  48. Ocean and Coastal Mapping Integration 3501  49. Integrated Coastal and Ocean Observation System 3601  50. Federal Ocean Acidification Research and Monitoring 3701  51. Clean Hulls 3801  52. Water Infrastructure Finance and Innovation 3901  53. Harmful Algal Bloom and Hypoxia Research and Control 4001  54. Commercial Engagement Through Ocean Technology 4101  55. Save Our Seas 2.0 4201 CHAPTER 1 NAVIGABLE WATERS GENERALLY    SUBCHAPTER IGENERAL PROVISIONS  Sec.  1. Regulations by Secretary of the Army for navigation of waters generally.  2. Regulations for navigation of South and Southwest Passes of Mississippi River; penalties.  3. Regulations to prevent injuries from target practice.  4. Water gauges on Mississippi River and tributaries.  5. Abolition of tolls on Government canals, canalized rivers, etc.; expense of operation, repairs to and reconstruction of canals, etc.; Panama Canal excepted; levies by non-Federal interest.  6. Free passage to harbor of Michigan City, Indiana.  7. Use of Government iron pier in Delaware Bay.  8. Toll free rivers in Alabama.  9. Des Moines River as toll free.  10. Waters in Louisiana Purchase as public highways.  11. Authority for compact between Middle Northwest States as to jurisdiction of offenses committed on boundary waters.  12. Port Arthur Ship Canal.  SUBCHAPTER IIWATERS DECLARED NONNAVIGABLE: CHANGE OF NAME  21. Bayou Cocodrie, Louisiana.  22. Bayou Meto, Arkansas.  23. Bear Creek, Mississippi.  24. Big Tarkio River, Missouri.  25. Cache River, Arkansas.  26. Calumet River, Cook County, Illinois, old channel.  26a. Additional portion of Calumet River, old channel, abandoned as navigable water.  26b. Portion of Calumet River, Chicago, as nonnavigable stream.  27. Chicago River at Chicago, Illinois.  27a. Chicago River, West Fork of South Branch.  27b. Chicago River, West arm of South Fork of South Branch.  28. Crum River; old channel at mouth, Delaware Bay.  29. Cuivre River, Missouri.  29a. East River, Wisconsin.  30. Grand River, Missouri, above Brunswick.  31. Iowa River, Iowa, above Toolsboro.  32. Lake George, Mississippi.  33. Little River, Arkansas, from Big Lake to Marked Tree.  34. Mill Slough, Oregon.  35. Mississippi River, West Channel, opposite La Crosse, Wisconsin.  36. Mosquito Creek, South Carolina.  37. Nodaway River, Missouri.  38. Oklawaha River, Florida; Kyle and Young Canal and Morrison Landing extension substituted.  39. Ollala Slough, Oregon.  40. One Hundred and Two River, Missouri.  41. Osage River, Missouri.  42. Platte River, Missouri.  43. Saint Marys River, Ohio and Indiana.  44. Sturgeon Bay, Illinois.  45. Swan Creek, Toledo, Ohio.  46. Tchula Lake, Mississippi.  47. Eagle Lake, Louisiana-Mississippi.  48. Noxubee River, Mississippi.  49. Bayou Saint John in New Orleans.  50. Turtle Bay and Turtle Bayou, Texas.  51. Scajaquada Creek, New York.  52. Park River, Connecticut.  53. Benton Harbor Canal, Michigan.  53a. Additional portion of Benton Harbor Canal, abandoned as navigable water.  54. Burr Creek, Bridgeport, Connecticut.  55. Bayou Savage (or Chantilly) in New Orleans.  56. Fort Point Channel and South Bay, Boston, Massachusetts.  57. Pike Creek, Wisconsin.  58. Acushnet River section of New Bedford and Fairhaven Harbor, Massachusetts.  59. West River in West Haven, Connecticut.  59a. Back Cove, Portland, Maine.  59b. Bayous Terrebonne and LeCarpe, Louisiana.  59c. East River, New York.  59c1. East and Hudson Rivers, New York.  59c2. East River, New York.  59c3. Queens County, New York.  59d. River Raisin, Michigan.  59e. Bayou Lafourche, Louisiana.  59e1. Additional portion of Bayou Lafourche, Louisiana.  59f. Boston Inner Harbor and Fort Point Channel, Massachusetts.  59g. Steele and Washington Bayous, and Lake Washington, Mississippi.  59h. San Francisco, California, Waterfront Area.  59h1. Repealed.  59i. Patapsco River, Maryland.  59j. Delaware River, Philadelphia County, Pennsylvania; permanent structures.  59j1. Declaration of nonnavigability for portions of the Delaware River.  59k. Wicomico River, Maryland.  59l. Nonapplicability of prohibitions and provisions for review and approval concerning wharves and piers.  59m. Lake Oswego, Oregon; Lake Coeur dAlene, Idaho; and Lake George, New York.  59n. Hudson River, Hudson County, New Jersey.  59n1. Caven Point, New Jersey.  59o. Hackensack River, Hudson County, New Jersey.  59p. Kenduskeag Stream, Penobscot County, Maine.  59q. Erie Basin, Buffalo Harbor, New York.  59q1. Union Canal, Outer Buffalo Harbor, New York.  59r. Trent River, Craven County, North Carolina.  59s. Green River, Washington.  59t. Burnham Canal, Milwaukee, Wisconsin.  59u. Lawyers Ditch, Essex County, New Jersey.  59v. Middle River, Maryland.  59w. Norton Basin and Jamaica Bay, New York.  59x. Exemption from General Bridge Act of 1946.  59y. Declaration of nonnavigability for portions of Coney Island Creek and Gravesend Bay, New York.  59z. Declaration of nonnavigability of bodies of water in Ridgefield, New Jersey.  59aa. Nonnavigability of Wisconsin River.  59bb. Declaration of nonnavigability for portions of Lake Erie.  59bb1. Declaration of nonnavigability for Lake Erie, New York.  59cc. Declaration of nonnavigability of portion of Hudson River, New York.  59dd. Declaration of nonnavigability of portions of Cleveland Harbor, Ohio.  59ee. Portion of Sacramento River Barge Canal declared to not be navigable waters of United States.  59ee1. Declaration of nonnavigability for portion of Sacramento Deep Water Ship Channel.  59ff. Declaration of nonnavigability for portions of Pelican Island, Texas.  59gg. Declaration of nonnavigability for portions of Cuyahoga County, Ohio.  59hh. Declaration of nonnavigability for portion of Pelican Island, Texas.  59ii. Declaration of nonnavigability of a portion of the canal known as the James River and Kanawha Canal in Richmond, Virginia.  59jj. Designation of nonnavigability for portions of Gloucester County, New Jersey.  59kk. Wateree River.  59ll. Central Delaware River, Philadelphia, Pennsylvania.  59mm. Coalbank Slough deemed not navigable waters of the United States for certain purposes. SUBCHAPTER I GENERAL PROVISIONS  1. Regulations by Secretary of the Army for navigation of waters generally  It shall be the duty of the Secretary of the Army to prescribe such regulations for the use, administration, and navigation of the navigable waters of the United States as in his judgment the public necessity may require for the protection of life and property, or of operations of the United States in channel improvement, covering all matters not specifically delegated by law to some other executive department. Such regulations shall be posted, in conspicuous and appropriate places, for the information of the public; and every person and every corporation which shall violate such regulations shall be deemed guilty of a misdemeanor and, on conviction thereof in any district court of the United States within whose territorial jurisdiction such offense may have been committed, shall be punished by a fine not exceeding $500, or by imprisonment (in the case of a natural person) not exceeding six months, in the discretion of the court. Any regulations prescribed by the Secretary of the Army in pursuance of this section may be enforced as provided in section 413 of this title ( Aug. 18, 1894, ch. 299,  4 28 Stat. 362 June 13, 1902, ch. 1079 32 Stat. 374 Aug. 8, 1917, ch. 49,  7 40 Stat. 266 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Codification The first paragraph of this section is from section 4 of act Aug. 18, 1894 As originally enacted, said section 4 made it the duty of the Secretary of War to prescribe rules and regulations for the use, administration, and navigation of any or all canals and similar works of navigation owned, operated, or maintained by the United States, and provided for the posting of such regulations and the punishment of violations thereof. Said section 4 was amended by section 11 of act June 13, 1902 Section 4 was also amended by section 7 of act Aug. 8, 1917 The last paragraph of this section is from section 6 of act June 13, 1902 section 499 of this title 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Rules and Regulations Administrative provisions covering definitions which the Coast Guard uses to examine waters to determine whether the Coast Guard has jurisdiction on those waters under particular laws of the United States are set out in chapter I, subchapter A, part 2, of Title 33, Navigation and Navigable Waters, in the Code of Federal Regulations. Such part 2, consisting of sections 2.011 to 2.1010, sets out definitions of jurisdictional terms and provides for the availability of jurisdictional decisions.  2. Regulations for navigation of South and Southwest Passes of Mississippi River; penalties  The Secretary of the Army is authorized to make such rules and regulations for the navigation of the South and Southwest Passes of the Mississippi River as to him shall seem necessary or expedient for the purpose of preventing any obstruction to the channels through said South and Southwest Passes and any injury to the works therein constructed. The term South and Southwest Passes, as employed in this section, shall be construed as embracing the entire extent of channel in each case, between the upper ends of the works at the head of the pass and the outer or sea ends of the jetties at the entrance from the Gulf of Mexico; and any willful violation of any rule or regulation made by the Secretary of the Army in pursuance of this section shall be deemed a misdemeanor, for which the owner or owners, agent or agents, master or pilot of the vessel so offending shall be separately or collectively responsible, and on conviction thereof shall be punished by a fine of not less than $100, nor exceeding $500, or by imprisonment for not exceeding three months, or by both fine and imprisonment, at the discretion of the court. ( Mar. 3, 1909, ch. 264,  5 35 Stat. 818 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Codification These provisions were part of section 5 of act Mar. 3, 1909 These provisions superseded previous similar provisions relating to the navigation of the South Pass only, contained in act Aug. 11, 1888, ch. 860,  5 25 Stat. 424 act Sept. 19, 1890, ch. 907,  3 26 Stat. 452 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  3. Regulations to prevent injuries from target practice  [Authority to adopt regulations.] Provided [Detail of vessels to enforce regulations.] [Posting and violation of regulations.] [Venue and jurisdiction of offenses; procedure.] ( July 9, 1918, ch. 143 40 Stat. 892 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Codification Undesignated pars. 1 to 4 of this section are from sections 1 to 4, respectively, of act July 9, 1918 Undesignated pars. 1 and 2 of this section superseded similar provisions of act Aug. 8, 1917, ch. 49,  8 40 Stat. 266 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Coast Artillery changed to Artillery under authority of section 306(a) of act June 28, 1950, ch. 383, title III 64 Stat. 269 June 28, 1950 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Executive Documents  Transfer of Functions For transfer of certain functions insofar as they pertain to Air Force, and to extent that they were not previously transferred to Secretary of the Air Force and Department of the Air Force from Secretary of the Army and Department of the Army, see Secretary of Defense Transfer Order No. 40 [App. A(55)], July 22, 1949  4. Water gauges on Mississippi River and tributaries  The Secretary of the Army is authorized and directed to have water gauges established, and daily observations made of the rise and fall of the Mississippi River and its tributaries. For the purpose of securing the uninterrupted gauging of the waters of the Mississippi River and its tributaries, as provided for in this section, upon the application of the Chief of Engineers, the Secretary of the Army is authorized to draw his warrant or requisition, from time to time, upon the Secretary of the Treasury for such sums as may be necessary to do such work, not to exceed in the aggregate for each year the sum of $9,600. (R.S.  5252; Aug. 11, 1888, ch. 860,  6 25 Stat. 424 June 13, 1902, ch. 1079,  9 32 Stat. 374 July 26, 1947, ch. 343 61 Stat. 501 Aug. 30, 1954, ch. 1076,  1(15) 68 Stat. 967  Editorial Notes Codification R.S.  5252 derived from Res. Feb. 21, 1871 16 Stat. 598 The first paragraph of this section is from R.S.  5252, which, as enacted, authorized and directed the establishment of water gauges and the making of daily observations at or in the vicinity of certain enumerated places, and at such other places as the Secretary of War might deem advisable. It further provided that the expenditure should be made from the appropriation for the improvement of rivers and harbors and that the annual cost of the observations should not exceed $5,000. These latter provisions were apparently modified by section 6 of act Aug. 11, 1888 June 13, 1902 Aug. 11, 1888 Amendments 1954Act Aug. 30, 1954 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Appropriations Section 2 of act June 26, 1934, ch. 756 48 Stat. 1225 July 1, 1935  5. Abolition of tolls on Government canals, canalized rivers, etc.; expense of operation, repairs to and reconstruction of canals, etc.; Panama Canal excepted; levies by non-Federal interest (a) No tolls or operating charges whatever shall be levied upon or collected from any vessel, dredge, or other water craft for passing through any lock, canal, canalized river, or other work for the use and benefit of navigation, now belonging to the United States or that may be hereafter acquired or constructed; and for the purpose of preserving and continuing the use and navigation of said canals and other public works without interruption, the Secretary of the Army, upon the recommendation of the Chief of Engineers, United States Army, is authorized to draw his warrant or requisition, from time to time, upon the Secretary of the Treasury to pay the actual expenses of operating, maintaining, and keeping said works in repair, which warrants or requisitions shall be paid by the Secretary of the Treasury out of any money in the Treasury not otherwise appropriated: Provided Provided further And provided further (b) No taxes, tolls, operating charges, fees, or any other impositions whatever shall be levied upon or collected from any vessel or other water craft, or from its passengers or crew, by any non-Federal interest, if the vessel or water craft is operating on any navigable waters subject to the authority of the United States, or under the right to freedom of navigation on those waters, except for (1) fees charged under section 2236 of this title (2) reasonable fees charged on a fair and equitable basis that (A) are used solely to pay the cost of a service to the vessel or water craft; (B) enhance the safety and efficiency of interstate and foreign commerce; and (C) do not impose more than a small burden on interstate or foreign commerce; or (3) property taxes on vessels or watercraft, other than vessels or watercraft that are primarily engaged in foreign commerce if those taxes are permissible under the United States Constitution. ( July 5, 1884, ch. 229,  4 23 Stat. 147 Mar. 3, 1909, ch. 264,  6 35 Stat. 818 July 26, 1947, ch. 343 61 Stat. 501 Aug. 30, 1954, ch. 1076,  1(15) 68 Stat. 967 Pub. L. 107295, title IV,  445 Nov. 25, 2002 116 Stat. 2133 Pub. L. 108176, title VIII,  829(a) Dec. 12, 2003 117 Stat. 2597  Editorial Notes Codification Section is from act July 5, 1884 The section, as originally enacted, was as follows:  No tolls or operating charges whatsoever shall be levied or collected upon any vessel or vessels, dredges, or other passing water-craft through any canal or other work for the improvement of navigation belonging to the United States; and for the purpose of preserving and continuing the use and navigation of said canals, rivers, and other public works without interruption, the Secretary of War, upon the application of the chief engineer in charge of said works, is hereby authorized to draw his warrant or requisition from time to time upon the Secretary of the Treasury to pay the actual expenses of operating and keeping said works in repair, which warrants or requisitions shall be paid by the Secretary of the Treasury, out of any money in the Treasury not otherwise appropriated: Provided, however It was amended by act March 3, 1909 Amendments 2003Subsec. (b)(3). Pub. L. 108176 2002 Pub. L. 107295 1954Act Aug. 30, 1954 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Effective Date of 2003 Amendment Pub. L. 108176, title VIII,  829(b) Dec. 12, 2003 117 Stat. 2597 The amendment made by subsection (a) [amending this section] is effective on and after November 25, 2002  Termination of Board of Engineers for Rivers and Harbors and Reassignment of Duties and Responsibilities For termination of Board of Engineers for Rivers and Harbors 180 days after Oct. 31, 1992 section 223 of Pub. L. 102580 section 541 of this title Appropriations Section 2 of act June 26, 1934, ch. 756 48 Stat. 1225 July 1, 1935  6. Free passage to harbor of Michigan City, Indiana  The passage of vessels to and from the harbor of Michigan City, in Indiana, shall be free and not subject to toll or charge. (R.S.  5247.)  Editorial Notes Codification R.S.  5247 derived from acts June 23, 1866, ch. 138,  1 14 Stat. 73 Mar. 2, 1867, ch. 144,  2 14 Stat. 421  7. Use of Government iron pier in Delaware Bay  The Government iron pier in Delaware Bay near Lewes, Delaware, shall be open to public use under regulations to be prescribed by the Secretary of the Army. ( July 27, 1916, ch. 260,  1 39 Stat. 394 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Codification Section is from act July 27, 1916 A further provision of act July 27, 1916 act Mar. 3, 1891, ch. 542 26 Stat. 969 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  8. Toll free rivers in Alabama  The Tennessee, Coosa, Cahawba, and Black Warrior Rivers, within the State of Alabama, shall be forever free from toll for all property belonging to the United States, and for all persons in their service, and for all citizens of the United States, except as to such tolls as may be allowed by Act of Congress. (R.S.  5244.)  Editorial Notes Codification R.S.  5244 derived from act May 23, 1828, ch. 75,  7 4 Stat. 290 Another R.S. 5244 is classified to section 43 of Title 12  9. Des Moines River as toll free  The Des Moines River shall forever remain free from any toll, or other charge whatever, for any property of the United States, or persons in their service, passing along the same. (R.S.  5246.)  Editorial Notes Codification R.S.  5246 derived from acts Aug. 8, 1846, ch. 103,  3 9 Stat. 78 Jan. 20, 1870, ch. 7 16 Stat. 61  10. Waters in Louisiana Purchase as public highways  All the navigable rivers and waters in the former Territories of Orleans and Louisiana shall be and forever remain public highways. (R.S.  5251.)  Editorial Notes Codification R.S.  5251 derived from act Mar. 3, 1811, ch. 46,  12 2 Stat. 606  11. Authority for compact between Middle Northwest States as to jurisdiction of offenses committed on boundary waters  The consent of the Congress is given to the States of North Dakota, South Dakota, Minnesota, Wisconsin, Iowa, and Nebraska, or any two or more of them, by such agreement or compact as they may deem desirable or necessary, or as may be evidenced by legislative acts enacted by any two or more of said States, not in conflict with the Constitution of the United States or any law thereof, to determine and settle the jurisdiction to be exercised by said States, respectively, over offenses arising out of the violation of the laws of any of said States upon any of the waters forming the boundary lines between any two or more of said States, or waters through which such boundary line extends, and that the consent of the Congress be, and the same is, given to the concurrent jurisdiction agreed to by the States of Minnesota and South Dakota, as evidenced by the act of the Legislature of the State of Minnesota approved April 20, 1917 February 13, 1917 ( Mar. 4, 1921, ch. 176 41 Stat. 1447  Editorial Notes Codification This section is from a resolution entitled a Joint Resolution giving consent of the Congress of the United States to the States of North Dakota, South Dakota, Minnesota, Wisconsin, Iowa, and Nebraska, or any two or more of said States, to agree upon the jurisdiction to be exercised by said States over boundary waters between any two or more of said States.  12. Port Arthur Ship Canal  After there shall be conveyed to the United States, free of cost, a valid title to the line of water communication between Taylors Bayou and Sabine Pass, in the State of Texas, known as the Port Arthur Ship Canal, together with a valid title to the turning basin as existing June 19, 1906 Provided ( June 19, 1906, ch. 3436,  1 34 Stat. 302  Editorial Notes Codification This section is from a proviso following provisions establishing an additional collection district in the State of Texas to be known as the district of Sabine; the establishment of the said district being conditioned on the making of the conveyance referred to in this section. Further provisions of the said proviso authorizing the Secretary of War to accept the said waterways as the property of the United States, and directing that the Act take effect only when the requirements of the section be fully complied with to the satisfaction of the Secretary of War, have been omitted as executed and obsolete. SUBCHAPTER II WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME  21. Bayou Cocodrie, Louisiana  Bayou Cocodrie, from its source to its junction with Bayou Chicot, in the State of Louisiana, is declared to be not a navigable water of the United States within the meaning of the laws enacted by the Congress for the preservation and protection of such waters. The right to alter, amend, or repeal this section is expressly reserved. ( Feb. 25, 1921, ch. 71 41 Stat. 1145  Editorial Notes Codification The first sentence hereof is section 1 and the second sentence section 2 of act Feb. 25, 1921  22. Bayou Meto, Arkansas  The Bayou Meto, in the State of Arkansas, is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States. ( Aug. 8, 1917, ch. 49,  16 40 Stat. 268  23. Bear Creek, Mississippi  Bear Creek in Humphreys, Leflore, and Sunflower Counties, in the State of Mississippi, is declared to be a nonnavigable stream within the meaning of the Constitution and the laws of the United States. The right of Congress to alter, amend, or repeal this section is expressly reserved. ( Mar. 3, 1923, ch. 229 42 Stat. 1442  Editorial Notes Codification The first sentence hereof is section 1 and the last sentence section 2 of act Mar. 3, 1923  24. Big Tarkio River, Missouri  The Big Tarkio River, in the counties of Holt and Atchison, in the State of Missouri, is declared to be not a navigable water of the United States within the meaning of the laws enacted by Congress for the preservation and protection of such waters. The right to alter, amend, or repeal this section is expressly reserved. ( Feb. 15, 1910, ch. 33 36 Stat. 194  Editorial Notes Codification The first sentence hereof is section 1 and the last sentence section 2 of act Feb. 15, 1910  25. Cache River, Arkansas  The Cache River in the State of Arkansas is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States. This provision shall become void after one year from July 27, 1916 ( July 27, 1916, ch. 260,  1 39 Stat. 399  Editorial Notes Codification Section was a provision of section 1 of act July 27, 1916 Approval of Declaration See Arkansas Laws 1917, ch. 2, act 406.  26. Calumet River, Cook County, Illinois, old channel  The portion of the old channel of the Calumet River in the northwest quarter of section thirty, township thirty-seven north, range fifteen east, of the third principal meridian, in Cook County, Illinois, which lies outside of the new channel lines as established by the United States and shown on Map of the Calumet River, Illinois, from Lake Michigan to Calumet Lake, to accompany report of W. G. Ewing, United States attorney to the Attorney-General, respecting cession of right of way for improvement of said river under Act of Congress approved July fifth, eighteen hundred and eighty-four, is hereby abandoned as navigable water from and after the time that a navigable channel shall be cut through said quarter section within the new channel lines of the river as shown on the said map. The portion of the old channel of the Calumet River in the north quarter of fractional section seven, township thirty-seven north, range fifteen, east of the third principal meridian, south of the Indian boundary line, in Cook County, Illinois, which lies outside of the new channel lines as established by the United States and shown on map of the Calumet River, Illinois, from Lake Michigan to Calumet Lake, to accompany report of W. G. Ewing, United States attorney, to the Attorney General, respecting cession of right of way for improvement of said river, under Act of Congress approved July fifth, eighteen hundred and eighty-four, is abandoned as navigable water. ( Apr. 21, 1904, ch. 1409 33 Stat. 239 Feb. 27, 1915, ch. 68 38 Stat. 817  Editorial Notes  References in Text Act of Congress approved July 5, 1884 act July 5, 1884, ch. 229 23 Stat. 143  26a. Additional portion of Calumet River, old channel, abandoned as navigable water  The portion of the old channel of the Calumet River in sections eighteen and nineteen, township thirty-seven north, range fifteen east, of the third principal meridian, in Cook County, Illinois, which lies outside of the new channel lines established by the United States and shown on the map referred to in section 26 of this title ( Mar. 4, 1913, ch. 144,  1 37 Stat. 816  26b. Portion of Calumet River, Chicago, as nonnavigable stream  The portion of the Calumet River, in the city of Chicago, county of Cook, State of Illinois, lying between the intersections of this river with the two lines described below, is a nonnavigable stream within the meaning of the Constitution and laws of the United States: Beginning at a point on the south line of the north half of section 36, township 37 north, range 14 east, of the third principal meridian, one thousand eight hundred and seventy-three and seven-hundredths feet west of the east line of said section; thence northwesterly on a straight line to a point three thousand two hundred and eighty feet west of the east line and seven hundred and eighty-five feet south of the north line of said section; and Beginning at a point five hundred and eighty-five feet east of the west line and seven hundred and thirty-two feet north of the south line of section 31, township 37 north, range 15 east, of the third principal meridian; thence north forty-six degrees and thirty minutes east along a straight line to the easterly waters edge of said river. The right to alter, amend, or repeal this section is expressly reserved. ( June 14, 1937, ch. 338 50 Stat. 258  27. Chicago River at Chicago, Illinois  All of that portion of the West Fork of the South Branch of the Chicago River in the county of Cook and State of Illinois, extending west from the west line of the collateral channel of the sanitary district of Chicago, in the northwest quarter of section 36, township 39 north, range 13 east, of the third principal meridian, is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States. The right of Congress to alter, amend, or repeal this provision is expressly reserved. The Act of September 19, 1890 March 3, 1899 33 U.S.C. 401 As soon as the city of Chicago, or any other governmental agency or any corporation thereunto duly authorized by the Secretary of the Army, shall have constructed, after June 7, 1924 ( Jan. 24, 1923, ch. 33 42 Stat. 1171 Feb. 27, 1923, ch. 142 42 Stat. 1323 June 7, 1924, ch. 337 43 Stat. 646 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes  References in Text Section 7 of the Act of September 19, 1890 act Sept. 19, 1890, ch. 907 26 Stat. 454 act July 13, 1892, ch. 158,  3 27 Stat. 110 Sept. 19, 1890 act Mar. 3, 1899, ch. 425 30 Stat. 1151 Codification The two sentences comprising the first paragraph of this section are, respectively, sections 1 and 2 of act Jan. 24, 1923 The second paragraph of this section is from act Feb. 27, 1923 The last paragraph of this section is from act June 7, 1924 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  27a. Chicago River, West Fork of South Branch  That portion of the West Fork of the South Branch of the Chicago River in Cook County, Illinois, lying between the west line (produced north) of the Collateral Channel of the Sanitary District of Chicago, in the northwest quarter of section 36, township 39 north, range 13 east, third principal meridian, and a line one thousand three hundred feet east of and parallel to the west line of section 30 (section line in South Western Avenue), township 39 north, range 13 east, third principal meridian, in the city of Chicago, Illinois, as the same now exists or may hereafter be extended, is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States. The right to alter, amend, or repeal this section is expressly reserved. ( Aug. 30, 1935, ch. 831,  10 49 Stat. 1048  27b. Chicago River, West arm of South Fork of South Branch  The portion of the west arm of the South Fork of the South Branch of the Chicago River, as established by the ordinance of the city of Chicago on July 17, 1911 July 17, 1911 July 17, 1911 September 1, 1959 Provided ( Pub. L. 86218 Sept. 1, 1959 73 Stat. 448  28. Crum River; old channel at mouth, Delaware Bay  After the channel of the Crum River where the same empties into the Delaware River has been changed, diverted, and straightened under the authority given to Alba B. Johnson and Samuel M. Vauclain and the Baldwin Locomotive Works by Act July 27, 1916 July 27, 1916 Provided ( July 27, 1916, ch. 260,  1 39 Stat. 393  Editorial Notes  References in Text Act July 27, 1916 act July 27, 1916, ch. 260 39 Stat. 393 Codification Section is from a provision of section 1 of act July 27, 1916 The portion of that section authorizing the changing, diverting, and straightening of the channel of the river has been omitted as temporary and executed.  29. Cuivre River, Missouri  Cuivre River, in the counties of Lincoln and Saint Charles, in the State of Missouri, being the dividing line, is declared not to be a navigable stream, and shall be so treated by the Secretary of the Army and all other authorities. ( Mar. 23, 1900, ch. 88 31 Stat. 50 July 26, 1947, ch. 343 61 Stat. 501  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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  29a. East River, Wisconsin  All of that portion of the East River, in the county of Brown, State of Wisconsin, extending from Baird Street, in the city of Green Bay, east and south is declared to be a nonnavigable stream within the meaning of the Constitution and Laws of the United States of America. The right of Congress to alter, amend or repeal this section is expressly reserved. ( Aug. 30, 1935, ch. 831,  9 49 Stat. 1048  30. Grand River, Missouri, above Brunswick  Grand River in the State of Missouri above the city of Brunswick, in the county of Chariton in said State, is declared to be not a navigable stream and shall be so treated by the Secretary of the Army and by all other authorities. ( Feb. 15, 1905, ch. 574 33 Stat. 715 July 26, 1947, ch. 343 61 Stat. 501  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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  31. Iowa River, Iowa, above Toolsboro  So much of the Iowa River within the State of Iowa, as lies north of the town of Wapello, and so much of the said river within the State of Iowa, as lies between the town of Toolsboro and the town of Wapello, in the county of Louisa, shall not be deemed a navigable river or public highway, but dams and bridges may be constructed across it. (R.S.  5248; Aug. 18, 1894, ch. 299,  1 28 Stat. 356  Editorial Notes Codification R.S.  5248 derived from Res. July 13, 1868 15 Stat. 257 act May 6, 1870, ch. 92 16 Stat. 121 The portion of this section relating to the Iowa river north of the town of Wapello is from R.S.  5248. The remainder the section, relating to so much of the river as lies between Toolsboro and Wapello, is from act Aug. 18, 1894  32. Lake George, Mississippi  Lake George, in Yazoo County, in the State of Mississippi, is declared to be not a navigable water of the United States within the meaning of the laws enacted by the Congress for the preservation and protection of such waters. The right of Congress to alter, amend, or repeal this section is expressly reserved. ( May 24, 1922, ch. 198 42 Stat. 552  Editorial Notes Codification The two sentences comprising this section are respectively sections 1 and 2 of act May 24, 1922  33. Little River, Arkansas, from Big Lake to Marked Tree  Little River, from Big Lake in Mississippi County to Marked Tree in Poinsett County, Arkansas, is declared to be not a navigable waterway of the United States within the meaning of the laws enacted by Congress for the protection of such waterways. ( Mar. 2, 1919, ch. 95,  4 40 Stat. 1287  Editorial Notes Codification Section is from section 4 of act Mar. 2, 1919  34. Mill Slough, Oregon  Mill Slough, a tidal tributary of Coos Bay, lying within the limits of the city of Marshfield, State of Oregon, is declared to be not a navigable waterway of the United States, within the meaning of the laws enacted by Congress for the preservation and protection of such waterways, and the consent of Congress is given to the filling in of said slough by the said city of Marshfield. ( Oct. 23, 1913, ch. 33 38 Stat. 233  35. Mississippi River, West Channel, opposite La Crosse, Wisconsin  The branch of the Mississippi River flowing between Grand Island and the mainland opposite the city of La Crosse, State of Wisconsin, and known as the West Channel, is declared unnavigable, and the said city of La Crosse is relieved of the necessity of maintaining a draw or pontoon bridge over said West Channel. ( Feb. 23, 1901, ch. 470 31 Stat. 804  36. Mosquito Creek, South Carolina  Mosquito Creek, in Colleton County, South Carolina, is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States. ( Aug. 8, 1917, ch. 49,  15 40 Stat. 268  37. Nodaway River, Missouri  Nodaway River, in the counties of Andrew, Holt, and Nodaway, in the State of Missouri, is declared to be not a navigable water of the United States within the meaning of the laws enacted by Congress for the preservation and protection of such waters. The right to alter, amend, or repeal this section is expressly reserved. ( Feb. 15, 1910, ch. 32 36 Stat. 194  38. Oklawaha River, Florida; Kyle and Young Canal and Morrison Landing extension substituted  Upon the conveyance to the United States, free of cost, title to the land occupied by what is known as the Kyle and Young Canal and the Morrison Landing extension of the same, on the Oklawaha River, in the State of Florida, together with title to a strip of land on the east side of said canal of such width as in the judgment of the Secretary of the Army may be required for the future widening of said canal and extension by the United States, the said canal and extension shall become a free public waterway of the United States in place of the natural bed of the river. ( July 27, 1916, ch. 260,  1 39 Stat. 396 July 26, 1947, ch. 343 61 Stat. 501  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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  39. Ollala Slough, Oregon  All of that portion of Ollala Slough in Lincoln County, Oregon, above a point where a line that is one hundred and twenty rods south and running east and west and parallel with the section line between sections 8 and 17 in township 11 south, range 10 west of the Willamette meridian, crosses said stream, is declared to be a nonnavigable stream. ( Feb. 26, 1917, ch. 119 39 Stat. 937  40. One Hundred and Two River, Missouri  One Hundred and Two River south of the north boundary line of Andrew County, Missouri, as now located, is declared to be not a navigable water of the United States within the meaning of the laws enacted by Congress for the preservation and protection of such waters. The right to alter, amend, or repeal this section is expressly reserved. ( Feb. 15, 1910, ch. 31 36 Stat. 194  41. Osage River, Missouri  The Osage River in the State of Missouri above the point where the south line of sections 15 and 16 in township 40 north, of range 22 west, of the fifth principal meridian, and in the county of Benton, State of Missouri, crosses said river, is declared not to be a navigable stream, and shall be so treated by the Secretary of the Army and by all other authorities. ( Mar. 4, 1904, ch. 393 33 Stat. 58 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Codification This section superseded act June 24, 1902, ch. 1154 32 Stat. 398 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  42. Platte River, Missouri  The Platte River in the State of Missouri is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States, and jurisdiction over said river is declared to be vested in the State of Missouri. The right of Congress to alter, amend, or repeal this section is expressly reserved. ( Feb. 16, 1921, ch. 62 41 Stat. 1105  Editorial Notes Codification The two sentences of this section are, respectively, from sections 1 and 2 of act Feb. 16, 1921  43. Saint Marys River, Ohio and Indiana  Saint Marys River, Ohio and Indiana, is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States. ( Aug. 8, 1917, ch. 49,  17 40 Stat. 268  44. Sturgeon Bay, Illinois  So much of the west fork of Sturgeon Bay within the county of Mercer and State of Illinois as lies west of the line between the east half and the west half of the east half of section 25, in township 14 north, range 6 west of the fourth principal meridian, and so much of the east fork of said Sturgeon Bay as lies north of the north line of section 30, in township 14 north, range 5 west of the fourth principal meridian, shall not be deemed navigable waters of the United States. ( Feb. 7, 1907 34 Stat. 1421  45. Swan Creek, Toledo, Ohio  Swan Creek, a stream lying within the limits of the city of Toledo, State of Ohio, is declared to be not a navigable waterway of the United States within the meaning of the laws enacted by Congress for the preservation and protection of such waterways, and the consent of Congress is given for the filling in of said creek by the local authorities. ( Mar. 4, 1915, ch. 142,  13 38 Stat. 1055  Editorial Notes Codification Section is from act Mar. 4, 1915  46. Tchula Lake, Mississippi  Tchula Lake, in Holmes County, in the State of Mississippi, is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States. The right of Congress to alter, amend, or repeal this section is expressly reserved. ( July 1, 1922, ch. 266 42 Stat. 816  Editorial Notes Codification The two sentences comprising this section are, respectively, sections 1 and 2 of act July 1, 1922  47. Eagle Lake, Louisiana-Mississippi  Eagle Lake, which lies partly within the limits of the State of Mississippi, in Warren County, and partly within the limits of the State of Louisiana, in Madison Parish, is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States. The right to alter, amend, or repeal this section is expressly reserved. ( June 2, 1926, ch. 445 44 Stat. 681  48. Noxubee River, Mississippi  That portion of the Noxubee River in Noxubee County, in the State of Mississippi is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States. The right of Congress to amend or repeal this section is expressly reserved. ( Feb. 24, 1934, ch. 25 48 Stat. 356  49. Bayou Saint John in New Orleans  Bayou Saint John, in the city of New Orleans, Louisiana, is declared to be not a navigable water of the United States within the meaning of the laws enacted by Congress for the preservation and protection of such waters. The right to alter, amend, or repeal this section is expressly reserved. ( June 5, 1936, ch. 530 49 Stat. 1484  50. Turtle Bay and Turtle Bayou, Texas  Turtle Bay and Turtle Bayou, in Chambers County, in the State of Texas, are declared to be nonnavigable waterways within the meaning of the Constitution and laws of the United States of America. The existing project for Turtle Bayou, Texas, authorized by the Rivers and Harbors Act approved June 25, 1910 Act June 25, 1910, ch. 382 36 Stat. 630 The right of Congress to alter, amend, or repeal this section is expressly reserved. ( Mar. 10, 1937, ch. 36 50 Stat. 28  Editorial Notes  References in Text The Rivers and Harbors Act approved June 25, 1910 act June 25, 1910, ch. 382 36 Stat. 630  51. Scajaquada Creek, New York  Scajaquada Creek, Erie County, New York, is declared to be nonnavigable east of a line one hundred and thirty feet west of the west line of Niagara Street, city of Buffalo, county of Erie, New York, within the meaning of the Constitution and laws of the United States. The right to alter, amend, or repeal this section is expressly reserved. ( May 14, 1937, ch. 183 50 Stat. 165  52. Park River, Connecticut  The Park River, a minor tributary of the Connecticut River, located in Hartford County, Connecticut, is declared to be a nonnavigable waterway within the meaning of the Constitution and laws of the United States of America. The right of Congress to alter, amend, or repeal this section is expressly reserved. ( May 24, 1937, ch. 246 50 Stat. 201  53. Benton Harbor Canal, Michigan  The Benton Harbor Canal at and above the west line of Ninth Street, in the city of Benton Harbor and State of Michigan, is declared to be not a navigable water of the United States within the meaning of the Constitution and laws of the United States. The right to alter, amend, or repeal this section is expressly reserved. ( June 2, 1937, ch. 288 50 Stat. 243  Editorial Notes  References in Text This section, referred to in text, was in the original this Act, meaning act June 2, 1937, ch. 288 50 Stat. 243  53a. Additional portion of Benton Harbor Canal, abandoned as navigable water  The Benton Harbor Canal, from the west line of Ninth Street extended northerly to the west line of Riverview Drive extended northerly in the city of Benton Harbor and State of Michigan, be, and the same is hereby, declared to be not a navigable water of the United States within the meaning of the Constitution and laws of the United States. ( Pub. L. 8888,  1 Aug. 5, 1963 77 Stat. 118  54. Burr Creek, Bridgeport, Connecticut  That portion of Burr Creek in the city of Bridgeport, Connecticut, lying north of a line across the creek beginning at the point of intersection of the south side of Yacht Street extended and the west harbor line of the harbor lines established by the Secretary of War December 9, 1924 Any project heretofore authorized by any Act of Congress, insofar as such project relates to the above described portion of Burr Creek in the city of Bridgeport, Connecticut, is abandoned. The right to alter, amend, or repeal this section is expressly reserved. ( Aug. 12, 1937, ch. 607 50 Stat. 632 July 26, 1947, ch. 343 61 Stat. 501  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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  55. Bayou Savage (or Chantilly) in New Orleans  Bayou Savage, also styled Bayou Chantilly, in the city of New Orleans, Louisiana, is declared to be a nonnavigable waterway within the meaning of the Constitution and laws of the United States. The right to alter, amend, or repeal this section is expressly reserved. ( Aug. 16, 1937, ch. 650 50 Stat. 649  56. Fort Point Channel and South Bay, Boston, Massachusetts  The portion of the tidewaters in the waterway in which is located Fort Point Channel and South Bay in the city of Boston, Massachusetts, lying above the easterly side of the highway bridge over Fort Point Channel at Dorchester Avenue in the city of Boston is declared to be a nonnavigable water of the United States within the meaning of the Constitution and laws of the United States. The right to alter, amend, or repeal this section is expressly reserved. ( May 13, 1955, ch. 37 69 Stat. 48  57. Pike Creek, Wisconsin  Pike Creek, in the State of Wisconsin, above the easterly side of the highway bridge at Sixth Avenue in the city of Kenosha is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States. The right to alter, amend, or repeal this section is expressly reserved. ( July 26, 1955, ch. 377 69 Stat. 373  58. Acushnet River section of New Bedford and Fairhaven Harbor, Massachusetts  The portion of the waterway in the city of New Bedford and the towns of Fairhaven and Acushnet lying north of the Coggeshall Street Bridge (north 41 degrees 31 minutes 00 seconds), is declared to be a nonnavigable water of the United States within the meaning of the Constitution and laws of the United States. Any project heretofore authorized by any Act of Congress, insofar as such project relates to the above-described portions of the Acushnet River section of New Bedford and Fairhaven Harbor, is hereby abandoned. The right to alter, amend, or repeal this section is expressly reserved. ( Aug. 3, 1955, ch. 495 69 Stat. 443  59. West River in West Haven, Connecticut  The portion of the waterway in which is located the West River in the town of West Haven, Connecticut, and the city of New Haven, Connecticut, lying northerly of a line extending north 85 degrees 54 minutes 43.5 seconds east, from a point (1,158.535 feet from the most westerly corner of the existing bulkhead and pier line) whose coordinates in the Corps of Engineers Harbor Line System are north 4,616.76 and west 9,450.80, is declared to be a nonnavigable water of the United States within the meaning of the Constitution and laws of the United States. The line hereinbefore described shall be established as a combined pierhead and bulkhead line of the West River. Any project heretofore authorized by an Act of Congress, insofar as such project relates to the above-described portion of the West River, is hereby abandoned. The right to alter, amend, or repeal this section is expressly reserved. ( Aug. 9, 1955, ch. 649 69 Stat. 576  59a. Back Cove, Portland, Maine (a) Portion declared nonnavigable That portion of Back Cove at Portland, Maine, lying southerly of a line across the twelve-foot Federal project channel in Back Cove twenty-five hundred feet upstream from the Tukey Bridge, to the head of Back Cove, is declared to be a nonnavigable water of the United States within the meaning of the Constitution and laws of the United States. (b) Portion abandoned That portion of the twelve-foot Federal project channel in Back Cove lying southerly of a line across the channel twenty-five hundred feet upstream from the Tukey Bridge, to the head of Back Cove, a distance of approximately thirty-five hundred feet, is abandoned. (c) Preservation of right to alter, amend or repeal section The right to alter, amend, or repeal this section is expressly reserved. ( Pub. L. 85126 Aug. 13, 1957 71 Stat. 344  59b. Bayous Terrebonne and LeCarpe, Louisiana  Bayou Terrebonne west of Barrow Street and Bayou LeCarpe west of the Intracoastal Waterway in the city of Houma, State of Louisiana, are declared to be not navigable waters of the United States within the meaning of the Constitution and laws of the United States. The right to alter, amend, or repeal this section is expressly reserved. ( Pub. L. 86226 Sept. 8, 1959 73 Stat. 455  59c. East River, New York  That portion of the East River, in New York County, State of New York, lying between the south line of East Seventeenth Street, extended eastwardly, the United States pierhead line as it existed on July 1, 1965 ( Pub. L. 89298, title III,  307 Oct. 27, 1965 79 Stat. 1094  59c1. East and Hudson Rivers, New York  Those portions of the East and Hudson Rivers in New York County, State of New York, lying shoreward of a line within the United States Pierhead Line as it exists on August 13, 1968 ( Pub. L. 90483, title I,  113 Aug. 13, 1968 82 Stat. 736  59c2. East River, New York  If the Secretary of the Army, acting through the Chief of Engineers, finds that the proposed project to be erected at the location to be declared non-navigable under this section is in the public interest, on the basis of engineering studies to determine the location and structural stability of the bulkheading and filling and permanent pile-supported structures in order to preserve and maintain the remaining navigable waterway and on the basis of environmental studies conducted pursuant to the National Environmental Policy Act of 1969 [ 42 U.S.C. 4321 March 7, 1974 ( Pub. L. 93251, title I,  51 Mar. 7, 1974 88 Stat. 26  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in text, is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42  59c3. Queens County, New York (a) Description of nonnavigable area Subject to subsections (b) and (c), the area of Long Island City, Queens County, New York, that (1) is not submerged; (2) as of October 12, 1996 (3) extends from the high water line (as of October 12, 1996 is declared to be nonnavigable waters of the United States. (b) Requirement that area be improved (1) In general The declaration of nonnavigability under subsection (a) shall apply only to those portions of the area described in subsection (a) that are, or will be, bulkheaded, filled, or otherwise occupied by permanent structures or other permanent physical improvements (including parkland). (2) Applicability of Federal law Improvements described in paragraph (1) shall be subject to applicable Federal laws, including (A) sections 401 and 403 of this title; (B)  section 1344 of this title (C) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (c) Expiration date The declaration of nonnavigability under subsection (a) shall expire with respect to a portion of the area described in subsection (a), if the portion (1) is not bulkheaded, filled, or otherwise occupied by a permanent structure or other permanent physical improvement (including parkland) in accordance with subsection (b) by the date that is 20 years after October 12, 1996 (2) requires an improvement described in subsection (b)(2) that is subject to a permit under an applicable Federal law, and the improvement is not commenced by the date that is 5 years after the date of issuance of the permit. ( Pub. L. 104303, title V,  556 Oct. 12, 1996 110 Stat. 3782  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsec. (b)(2)(C), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42  59d. River Raisin, Michigan  The old channel of the River Raisin in Monroe County, Michigan, lying between the Monroe Harbor range front light and Raisin Point, its entrance into Lake Erie, is declared to be not a navigable stream of the United States within the meaning of the Constitution and the laws of the United States, and the consent of Congress is hereby given for the filling in of the old channel by the riparian owners on such channel. ( Pub. L. 89298, title III,  308 Oct. 27, 1965 79 Stat. 1094  59e. Bayou Lafourche, Louisiana  Bayou Lafourche, in the State of Louisiana, between Canal Boulevard, city of Thibodaux, Parish of Lafourche, State of Louisiana, and the head of the bayou at its junction with the Mississippi River levee at the city of Donaldsonville, Parish of Ascension, State of Louisiana, is hereby declared to be a nonnavigable waterway of the United States within the meaning of the laws of the United States. The existing project for Bayou Lafourche, Louisiana, authorized by the Acts of August 30, 1935 49 Stat. 1028 July 14, 1960 74 Stat. 480 The right to alter, amend, or repeal this section is hereby expressly reserved. ( Pub. L. 90149 Nov. 22, 1967 81 Stat. 507  Editorial Notes  References in Text The provisions of the Acts of August 30, 1935 49 Stat. 1028 July 14, 1960 74 Stat. 480 Statutory Notes and Related Subsidiaries Portion of Bayou Lafourche Declared To Be Navigable Waterway Pub. L. 101595, title III,  314 Nov. 16, 1990 104 Stat. 2987 Bayou Lafourche, in the State of Louisiana, between the Percy Brown Road (Hwy 648), city of Thibodaux, parish of Lafourche, and the Southern Pacific Railroad bridge crossing the bayou, city of Thibodaux, parish of Lafourche, is declared to be navigable waterway of the United States under chapter 11 of title 33, United States Code.  59e1. Additional portion of Bayou Lafourche, Louisiana  Bayou Lafourche, in the State of Louisiana, between Canal Boulevard, city of Thibodaux, parish of Lafourche and the Southern Pacific Railroad bridge crossing the bayou, city of Thibodaux, parish of Lafourche, is hereby declared to be a nonnavigable waterway of the United States within the meaning of the General Bridge Act of 1946 ( 33 U.S.C. 525 ( Pub. L. 99307,  5 May 19, 1986 100 Stat. 447  Editorial Notes  References in Text The General Bridge Act of 1946, referred to in text, is title V of act Aug. 2, 1946, ch. 753 60 Stat. 847 section 525 of this title  59f. Boston Inner Harbor and Fort Point Channel, Massachusetts  That portion of Boston Inner Harbor and Fort Point Channel in Suffolk County, Commonwealth of Massachusetts, lying within the following described area is hereby declared to be not a navigable water of the United States within the meaning of the laws of the United States: Beginning at the intersection of the northeasterly sideline of Northern Avenue and the westerly United States Pierhead Line of the Fort Point Channel and running northwesterly by the northwesterly sideline of Northern Avenue to the westerly sideline of Atlantic Avenue: thence turning and running northerly and northwesterly by the westerly sideline of Atlantic Avenue and of Commercial Street to the southeasterly sideline of Hanover Street; thence turning and running northeasterly by the southeasterly sideline of Hanover Street to the southwesterly property line of the United States Coast Guard Base; thence turning and running southeasterly by the southwesterly property line of the United States Coast Guard Base to the southeasterly property line of the United States Coast Guard Base; thence turning and running northeasterly by the southeasterly property line of the United States Coast Guard Base extended to the United States Pierhead Line; thence turning and running southeasterly, southerly and southwesterly by the United States Pierhead Line, to the point of beginning. ( Pub. L. 90312 May 18, 1968 82 Stat. 125  59g. Steele and Washington Bayous, and Lake Washington, Mississippi  Steele Bayou, in Warren, Issaquena, Sharkey, and Washington Counties, Mississippi, Washington Bayou, in Issaquena and Washington Counties, Mississippi, and Lake Washington, in Washington County, Mississippi, are hereby declared to be nonnavigable within the meaning of the laws of the United States. ( Pub. L. 90483, title I,  108(a) Aug. 13, 1968 82 Stat. 735  59h. San Francisco, California, Waterfront Area (a) Area to be declared nonnavigable The following area is declared to be nonnavigable waters of the United States: All of that portion of the City and County of San Francisco, California, lying shoreward of a line beginning at the intersection of the southerly right of way line of Earl Street prolongation with the Pierhead United States Government Pierhead line, the Pierhead line as defined in the State of California Harbor and Navigation Code Section 1770, as amended in 1961; thence northerly along said Pierhead line to its intersection with a line parallel with and distant 10 feet easterly from, the existing easterly boundary line of Pier 3032; thence northerly along said parallel line and its northerly prolongation, to a point of intersection with a line parallel with, and distant 10 feet northerly from, the existing northerly boundary of Pier 3032; thence westerly along last said parallel line to its intersection with said Pierhead line; thence northerly along said Pierhead line, to the intersection of the easterly right of way line of Van Ness Avenue, formerly Marlette Street, prolongation to the Pierhead line. (b) Requirement that area be improved The declaration of nonnavigability under subsection (a) applies only to those parts of the area described in subsection (a) that are or will be bulkheaded, filled, or otherwise occupied or covered by permanent structures and does not affect the applicability of any Federal statute or regulation that relates to filling of navigable waters or to other regulated activities within the area described in subsection (a), including sections 401 and 403 of this title, section 1344 of this title 42 U.S.C. 4321 (c) Inclusion of Embarcadero Historic District Congress finds and declares that the area described in subsection (a) contains the seawall, piers, and wharves that comprise the Embarcadero Historic District listed on the National Register of Historic Places on May 12, 2006 ( Pub. L. 90483, title I,  114 Aug. 13, 1968 82 Stat. 736 Pub. L. 116260, div. AA, title III,  316(a) Dec. 27, 2020 134 Stat. 2706  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsec. (b), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 Amendments 2020 Pub. L. 116260  59h1. Repealed. Pub. L. 116260, div. AA, title III,  316(b) Dec. 27, 2020 134 Stat. 2706   Section, Pub. L. 110114, title V,  5052 Nov. 8, 2007 121 Stat. 1211  59i. Patapsco River, Maryland  That portion of the Northwest Branch of the Patapsco River located generally south of Pratt Street, east of Light Street, north of Key Highway, in the city of Baltimore, State of Maryland, and being more particularly described as all of that portion of the Northwest Branch of the Patapsco River lying west of a series of lines beginning at the point formed by the intersection of the south side of Pratt Street, as now laid out, and the west side of Pier 3 and running thence binding on the west side of Pier 3, south 04 degrees 19 minutes 47 seconds east 726.59 feet to the southwest corner of Pier 3; thence crossing the Northwest Branch of the Patapsco River, south 23 degrees 01 minutes 15 seconds west 855.36 feet to the point formed by the intersection of the existing pierhead and bulkhead line and the east side of Battery Avenue, last said point of intersection being the end of the first line of the fourth parcel of land conveyed by J. and F. Realty, Incorporated to Allegheny Pepsi-Cola Bottling Company by deed dated December 22, 1965 ( Pub. L. 90483, title I,  115 Aug. 13, 1968 82 Stat. 736  59j. Delaware River, Philadelphia County, Pennsylvania; permanent structures  That portion of the Delaware River in Philadelphia County, Commonwealth of Pennsylvania, lying between all that certain lot or piece of ground situate in the second and fifth wards of the city of Philadelphia described as follows: Beginning at a point on the easterly side of Delaware Avenue (variable width) said side being the bulkhead line of the Delaware River (approved by the Secretary of War on September 10, 1940 thence extending along the easterly side of said Delaware Avenue the following courses and distances, (1) north 0 degree 45 minutes 33.2 seconds west 2,524.698 feet to a point; (2) north 9 degrees 36 minutes 25 seconds east, 2,168.160 feet to a point; (3) north 13 degrees 26 minutes 45.8 seconds east, 2,039.270 feet to a point; (4) north 20 degrees 12 minutes 52.4 seconds east, 35.180 feet to an angle point in Delaware Avenue; thence continuing north 20 degrees 12 minutes 52.4 seconds east along the said bulkhead line, the distance of 574.970 feet to a point on the south house line of Callowhill Street produced; thence extending along the south house line of Callowhill Street produced south 80 degrees 47 minutes 30.6 seconds east, the distance of 523.908 feet to a point on the pierhead line of the Delaware River (approved by the Secretary of War on September 10, 1940 thence extending along the said pierhead line the following courses and distances, (1) south 17 degrees 52 minutes 48.5 seconds west, 605.262 feet to a point; (2) south 14 degrees 14 minutes 14.7 seconds west, 1,372.530 feet to a point; (3) south 10 degrees 37 minutes 35.3 seconds west, 1,252.160 feet to a point; (4) south 8 degrees 23 minutes 50.4 seconds west, 1,450.250 feet to a point; (5) south 2 degrees 22 minutes 45.9 seconds west, 1,221.670 feet to a point; (6) south 1 degree 4 minutes 36 seconds east, 1,468.775 feet to a point on the north house line of Catherine Street extended, thence extending north 76 degrees 56 minutes 29.2 seconds west, the distance of 555.911 feet to the first mentioned point and place of beginning is hereby declared not to be a navigable water of the United States within the meaning of the Constitution and laws of the United States, and the Consent of Congress is hereby given, for the filling or erection of permanent structures in all or any part of the described area. ( Pub. L. 92605,  1 Oct. 31, 1972 86 Stat. 1493  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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Permanent Structures in Above-Described Area; Approval of Plans Pub. L. 92605,  2 Oct. 31, 1972 86 Stat. 1494 This declaration [this section] shall apply only to portions of the above-described area which are filled or occupied by permanent structures. No such filling or erection of structures in the above-described area shall be commenced until the plans therefor have been approved by the Secretary of the Army who shall, prior to granting such approval, give consideration to all factors affecting the general public interest and the impact of the proposed work on the environment.  59j1. Declaration of nonnavigability for portions of the Delaware River (a) Area to be declared non-navigable; public interest Unless the Secretary finds, after consultation with local and regional public officials (including local and regional public planning organizations), that the proposed projects in Philadelphia, Pennsylvania, to be undertaken within the boundaries described below, are not in the public interest then, subject to subsections (b) and (c) of this section, those portions of the Delaware River, bounded and described as follows, are declared to be non-navigable waters of the United States: (1)  Liberty Landing  [Omitted] (2)  Marina Towers and World Trade CenterPier North  [Omitted] (3)  Marine Trade CenterPier North  [Omitted] (4)  National Sugar Company Sugar House  [Omitted] (5)  Rivercenter  [Omitted] (b) Limits on applicability; regulatory requirements The declaration under subsection (a) shall apply only to those parts of the areas described in subsection (a) of this section which are or will be bulkheaded and filled or otherwise occupied by permanent structures, including marina facilities. All such work is subject to all applicable Federal statutes and regulations, including, but not necessarily limited to, sections 401 and 403 of this title, section 1344 of this title 42 U.S.C. 4321 (c) Expiration date If, 20 years from November 17, 1988 ( Pub. L. 100676,  38 Nov. 17, 1988 102 Stat. 4032 Pub. L. 110114, title III,  3181(g) Nov. 8, 2007 121 Stat. 1162 Pub. L. 114322, title I,  1310 Dec. 16, 2016 130 Stat. 1694  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsec. (b), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 Codification The text of the boundary descriptions contained in pars. (1) to (5) of subsec. (a), which is not set out in the Code, appears at 102 Stat. 4032 Amendments 2016Subsec. (c). Pub. L. 114322 November 17, 1988 2007Subsec. (c). Pub. L. 110114 November 17, 1988 Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 100676 section 2201 of this title  59k. Wicomico River, Maryland (a) If the Secretary of the Army acting through the Chief of Engineers, finds that the proposed project in Salisbury, Maryland, to be undertaken at the locations to be declared nonnavigable under this section is in the public interest, on the basis of engineering studies to determine the location and structural stability of any bulkheading and filling and permanent pile-supported structures, in order to preserve and maintain the remaining navigable waterway and on the basis of environmental studies conducted pursuant to the National Environmental Policy Act of 1969 [ 42 U.S.C. 4321 (b) This declaration shall apply only to the portions of the areas described in subsection (a) which are bulkheaded and filled or occupied by permanent pile-supported structures. Plans for bulkheading and filling and permanent pile-supported structures shall be approved by the Secretary of the Army, acting through the Chief of Engineers. Such bulkheaded and filled areas or areas occupied by permanent pile-supported structures shall not reduce the existing width of the Wicomico River to less than sixty feet and a minimum depth of five feet shall be maintained within such sixty-foot width of the Wicomico River. Local interests shall reimburse the Federal Government for engineering and all other costs incurred under this section. ( Pub. L. 93251, title I,  97 Mar. 7, 1974 88 Stat. 40  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in text, is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42  59l. Nonapplicability of prohibitions and provisions for review and approval concerning wharves and piers  The prohibitions and provisions for review and approval concerning wharves and piers in waters of the United States as set forth in sections 403 and 565 of this title shall not apply to any body of water located entirely within one State which is, or could be, considered to be a navigable body of water of the United States solely on the basis of historical use in interstate commerce. ( Pub. L. 94587,  154 Oct. 22, 1976 90 Stat. 2932  59m. Lake Oswego, Oregon; Lake Coeur dAlene, Idaho; and Lake George, New York  For the purposes of section 403 of this title ( Pub. L. 94587,  162 Oct. 22, 1976 90 Stat. 2934  Editorial Notes Codification  Section 403 of this title section 10 of the Act of March 3, 1899 30 Stat. 1151 33 U.S.C. 401 section 403 of this title section 401 of this title section 9 of the act of Mar. 3, 1899  59n. Hudson River, Hudson County, New Jersey (a) If the Secretary of the Army, acting through the Chief of Engineers, finds that the proposed project to be erected at the location to be declared nonnavigable under this section is in the public interest, on the basis of engineering studies to determine the location and structural stability of any bulkheading and filling and permanent pile-supported structure, in order to preserve and maintain the remaining navigable waterway and on the basis of environmental studies conducted pursuant to the National Environmental Policy Act of 1969 [ 42 U.S.C. 4321 Such portion is in the township of North Bergen in the county of Hudson and State of New Jersey, and is more particularly described as follows: At a point in the easterly right-of-way of New Jersey Shore Line Railroad (formerly New Jersey Junction Railroad) said point being located northerly, measured along said easterly right-of-way, 81.93 feet from Station 54+42.4 as shown on construction drawing dated May 23, 1931 thence (1) northerly and along said easterly right-of-way on a bearing of north 12 degrees 11 minutes 14 seconds east, a distance of 280 feet to a point; thence (2) south 75 degrees 28 minutes 24 seconds east, a distance of 310 feet to a point; thence (3) south 17 degrees 15 minutes 41 seconds east, a distance of 101.70 feet to a point; thence (4) south 62 degrees 18 minutes 12 seconds east a distance of 355.64 feet to a point in the exterior solid fill line of April 7, 1903 April 28, 1904 thence (5) along said exterior solid fill and bulkhead lines south 28 degrees 55 minutes 51 seconds west, a distance of 523 feet to a point in the northerly line of lands now or formerly of New York State Realty and Terminal Company; thence (6) north 61 degrees 34 minutes 29 seconds west, and along said northerly line of the New York State Realty and Terminal Company, a distance of 590.08 feet to a point in the aforementioned easterly right-of-way of the New Jersey Shore Line Railroad; thence (7) northerly and along said easterly right-of-way of the New Jersey Shore Line Railroad on a curve to the left a radius of 995.09 feet, an arc length of 170.96 feet to a point therein; thence (8) northerly, still along the same, on a bearing of north 12 degrees 11 minutes 14 seconds east, a distance of 81.93 feet to the point and place of beginning. Said parcel containing 8 acres being the same more or less. (b) The declaration in subsection (a) of this section shall apply only to portions of the above-described area which are either bulkheaded and filled or occupied by permanent pile-supported structures. Plans for bulkheading and filling and permanent pile-supported structures shall be approved by the Secretary of the Army, acting through the Chief of Engineers. Local interests shall reimburse the Federal Government for engineering and all other costs incurred under this section. ( Pub. L. 94587,  178 Oct. 22, 1976 90 Stat. 2937  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsec. (a), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42  59n1. Caven Point, New Jersey That portion of the Hudson River in the New York Bay consisting of (1) all that piece or parcel of land, containing 120.54 acres, situate, lying and being in the city of Jersey City, Hudson County, State of New Jersey, upon or around that certain lot or piece of land known as the Caven Point Area; and (2) all that piece or parcel of land, containing 18 acres more or less, situate on the northwesterly side of New Jersey State Highway Route 185, more particularly described in the Congressional Record dated March 11, 1986 33 U.S.C. 1251 ( Pub. L. 99662, title XI,  1118 Nov. 17, 1986 100 Stat. 4237  Editorial Notes  References in Text For Congressional Record dated March 11, 1986 Mar. 11, 1986 The Federal Water Pollution Control Act, referred to in text, is act June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 816 section 1251 of this title  59o. Hackensack River, Hudson County, New Jersey (a) If the Secretary of the Army, acting through the Chief of Engineers finds that the proposed project to be erected at the location to be declared nonnavigable under this section is in the public interest, on the basis of engineering studies to determine the location and structural stability of any bulkheading and filling and permanent pile-supported structure, in order to preserve and maintain the remaining navigable waterway, and on the basis of environmental studies conducted pursuant to the National Environmental Policy Act of 1969 [ 42 U.S.C. 4321 Beginning at a point where the southeasterly shoreline (mean high water line) of the Hackensack River intersects the easterly line of the Erie Railroad said point property being 2,015.38 feet northerly along said railroad property from where it intersects the northerly line of the Meadowlands Parkway (100 feet wide) and running from: thence north 19 degrees 20 minutes 54 seconds west 50.00 feet; thence north 37 degrees 30 minutes 08 seconds east 615.38 feet; thence north 03 degrees 02 minutes 56 seconds east, 2,087 feet; thence north 31 degrees 11 minutes 06 seconds east 577 feet; thence north 74 degrees 29 minutes 18 seconds east 541.25 feet; thence south 62 degrees 01 minutes 31 seconds east 400 feet; thence south 55 degrees 46 minutes 27 seconds east 612.52 feet; thence south 34 degrees 13 minutes 33 seconds west 517.79 feet; thence south 55 degrees 46 minutes 27 seconds east 158.81 feet; thence south 34 degrees 13 minutes 33 seconds west 310 feet; thence north 55 degrees 26 minutes 27 seconds north 15 feet; thence south 34 degrees 13 minutes 33 seconds west 592 feet; thence running in a southwesterly direction along the shoreline (mean high water line) of the Hackensack River, a distance of 2,360 feet being the same more or less to the easterly property line of the Erie Railroad and the point or place of beginning. Said parcel containing 67.6 acres being the same more or less. (b) The declaration in subsection (a) of this section shall apply only to portions of the described area which are either bulkheaded and filled or occupied by permanent pile-supported structures. Plans for bulkheading and filling and permanent pile-supported structures shall be approved by the Secretary of the Army, acting through the Chief of Engineers. Local interests shall reimburse the Federal Government for engineering and all other costs incurred under this section. ( Pub. L. 94587,  179 Oct. 22, 1976 90 Stat. 2938  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsec. (a), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42  59p. Kenduskeag Stream, Penobscot County, Maine  The Kenduskeag Stream, a minor tributary of the Penobscot River, located in Penobscot County, in the State of Maine, be, and the same is hereby, declared to be a nonnavigable waterway within the meaning of the Constitution and laws of the United States of America. The right of Congress to alter, amend, or repeal this section is hereby expressly reserved. ( July 11, 1947, ch. 236 61 Stat. 316  59q. Erie Basin, Buffalo Harbor, New York  That portion of the Erie Basin in the Buffalo Harbor lying within the following described area is hereby declared to be not a navigable water of the United States within the meaning of the Constitution and the laws of the United States. ( Pub. L. 96520,  1 Dec. 12, 1980 94 Stat. 3033  Editorial Notes  References in Text The following described area, referred to in text, refers to the metes and bounds description of that portion of the Erie Basin in the Buffalo Harbor set out in the second paragraph of section 1 of Pub. L. 96520 Dec. 12, 1980 94 Stat. 30333035  59q1. Union Canal, Outer Buffalo Harbor, New York  The portion of the Union Canal, also known as the Union Ship Canal, an appendage of the Buffalo Outer Harbor, located in the City of Buffalo, State of New York, is declared to be a nonnavigable waterway of the United States within the meaning of the General Bridge Act of 1946 ( 33 U.S.C. 525 ( Pub. L. 100202,  101 l Dec. 22, 1987 101 Stat. 1329358  Editorial Notes  References in Text The General Bridge Act of 1946, referred to in text, is title V of act Aug. 2, 1946, ch. 753 60 Stat. 847 section 525 of this title  59r. Trent River, Craven County, North Carolina  Those portions of the Trent River in the city of New Bern, county of Craven, State of North Carolina, bounded and described in Committee Print 9556 of the Committee on Public Works and Transportation of the House of Representatives are hereby declared to be nonnavigable waters of the United States within the meaning of the laws of the United States. ( Pub. L. 96520,  3 Dec. 12, 1980 94 Stat. 3036  Statutory Notes and Related Subsidiaries  Change of Name Committee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 10414 section 21 of Title 2  59s. Green River, Washington  For the purposes of section 401 of this title October 26, 1981 ( Pub. L. 9768,  2(b) Oct. 26, 1981 95 Stat. 1040  59t. Burnham Canal, Milwaukee, Wisconsin  The portion of the Burnham Canal, in Milwaukee, Wisconsin, which is underneath and west of a point one hundred feet east of South Eleventh Street is declared to be not a navigable water of the United States within the meaning of the Constitution and laws of the United States. The right to alter, amend, or repeal this section is hereby expressly reserved. ( Pub. L. 97468, title V,  503 Jan. 14, 1983 96 Stat. 2552  59u. Lawyers Ditch, Essex County, New Jersey  The body of water known as Lawyers Ditch located at block 5,000 in the city of Newark, county of Essex, New Jersey, is declared to be a nonnavigable waterway of the United States within the meaning of the General Bridge Act of 1946 ( 33 U.S.C. 525 ( Pub. L. 99307,  3 May 19, 1986 100 Stat. 446  Editorial Notes  References in Text The General Bridge Act of 1946, referred to in text, is title V of act Aug. 2, 1946, ch. 753 60 Stat. 847 section 525 of this title  59v. Middle River, Maryland (a) Description That portion of the waterway in which is located Dark Head Creek in the community of Middle River, Baltimore County, Maryland, lying northwest of a line extending south 68 degrees 37 minutes 56 seconds west from a point (227.50 feet from the northeast corner of the existing bulkhead and pier line) whose coordinates in the Maryland State Coordinate System are north 544967.24 and east 962701.05 (latitude north 39 degrees 19 minutes 42 seconds and longitude west 76 degrees 25 minutes 29.5 seconds) and thence south 44 degrees 48 minutes 20 seconds west, 350.12 feet to a point (at the southwest corner of the existing bulkhead and pier line) whose coordinates in the Maryland State Coordinate System are north 544635.94 and east 962242.46 (latitude north 39 degrees 19 minutes 39 seconds and longitude west 76 degrees 25 minutes 35.4 seconds), is declared to be a nonnavigable water of the United States for purposes of the navigation servitude. (b) Pierhead and bulkhead line of Dark Head Creek The line described in subsection (a) shall be established as a combined pierhead and bulkhead line of Dark Head Creek. (c) Previously authorized projects Any project heretofore authorized by any Act of Congress, insofar as such project is within the boundaries of Dark Head Creek as described in subsection (a), is not authorized after November 17, 1986 (d) Reservation of rights The right to alter, amend, or repeal this section is hereby expressly reserved. ( Pub. L. 99662, title XI,  1160 Nov. 17, 1986 100 Stat. 4257  59w. Norton Basin and Jamaica Bay, New York  The two portions of Norton Basin and Jamaica Bay, New York, that are particularly described in Committee Print 9958 of the Committee on Public Works and Transportation of the House of Representatives are hereby declared to be nonnavigable waters of the United States for purposes of the navigation servitude. ( Pub. L. 99662, title XI,  1168 Nov. 17, 1986 100 Stat. 4259  Statutory Notes and Related Subsidiaries  Change of Name Committee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 10414 section 21 of Title 2  59x. Exemption from General Bridge Act of 1946 (a) Waters declared nonnavigable The waters described in subsection (b) are declared to be nonnavigable waters of the United States for purposes of the General Bridge Act of 1946 ( 33 U.S.C. 525 (b) Waters described The waters referred to in subsection (a) are a drainage canal which (1) is an unnamed tributary of the creek known as Newton Creek, located at block 641 (formerly designated as block 860) in the city of Camden, New Jersey; (2) originates at the north bank of Newton Creek approximately 1,200 feet east of the confluence of Newton Creek and the Delaware River; and (3) terminates at drainage culverts on the west side of Interstate Highway 676. ( Pub. L. 100448,  16 Sept. 28, 1988 102 Stat. 1845 Pub. L. 100457, title III,  325 Sept. 30, 1988 102 Stat. 2150  Editorial Notes  References in Text The General Bridge Act of 1946, referred to in subsec. (a), is title V of act Aug. 2, 1946, ch. 753 60 Stat. 847 section 525 of this title Codification Pub. L. 100448 Pub. L. 100457  59y. Declaration of nonnavigability for portions of Coney Island Creek and Gravesend Bay, New York (a) Area to be declared non-navigable; public interest Unless the Secretary finds, after consultation with local and regional public officials (including local and regional public planning organizations), that the proposed projects to be undertaken within the boundaries in the portions of Coney Island Creek and Gravesend Bay, New York, described below, are not in the public interest then, subject to subsections (b) and (c) of this section, those portions of such Creek and Bay, bounded and described as follows, are declared to be non-navigable waters of the United States: Beginning at the corner formed by the intersection of the Westerly Line of Cropsey Avenue, and the Northernmost United States Pierhead Line of Coney Island Creek. Running thence south 12 degrees 41 minutes 03 seconds E and along the westerly line of Cropsey Avenue, 98.72 feet to the northerly channel line as shown on Corps of Engineers Map Numbered F. 150 and on Survey by Rogers and Giollorenzo Numbered 13959 dated October 31, 1986 Running thence in a westerly direction and along the said northerly channel line the following bearings and distances: South 48 degrees 59 minutes 27 seconds west, 118.77 feet; south 37 degrees 07 minutes 01 seconds west, 232.00 feet; south 23 degrees 17 minutes 10 seconds west, 430.03 feet; south 31 degrees 25 minutes 46 seconds west, 210.95 feet; south 79 degrees 22 minutes 49 seconds west, 244.18 feet; north 55 degrees 00 minutes 29 seconds west, 183.10 feet; north 41 degrees 47 minutes 04 seconds west, 315.16 feet; North 41 degrees 17 minutes 43 seconds west, 492.47 feet to the said Pierhead Line; thence north 73 degrees 58 minutes 40 seconds west and along said pierhead line, 2,665.25 feet to the intersection of the United States bulkhead line; Thence north 0 degree 19 minutes 35 seconds west and along the United States Bulkhead line 1,138.50 feet to the intersection of the westerly prolongation of the center line of 26th Avenue, Thence north 58 degrees 25 minutes 06 seconds east and along the center line of said 26th Avenue, 2,320.85 feet to the westerly line of Cropsey Avenue, then southeasterly and along the southerly line of Cropsey Avenue the following bearings and distances: South 31 degrees 34 minutes 54 seconds east, 4,124.59 feet; and South 12 degrees 41 minutes 03 seconds east, 710.74 feet to the point or place of beginning. Coordinates and bearings are in the system as established by the United States Coast and Geodetic Survey for the Borough of Brooklyn. The Secretary shall make the public interest determination separately for each proposed project, using reasonable discretion, within 150 days after submission of appropriate plans for each proposed project. (b) Limits on applicability; regulatory requirements The declaration under subsection (a) shall apply only to those parts of the areas described in subsection (a) of this section which are or will be bulkheaded and filled or otherwise occupied by permanent structures, including marina facilities. All such work is subject to all applicable Federal statutes and regulations, including, but not necessarily limited to, sections 401 and 403 of this title, section 1344 of this title 42 U.S.C. 4321 (c) Expiration date If, 20 years from November 17, 1988 ( Pub. L. 100676,  39 Nov. 17, 1988 102 Stat. 4039  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsec. (b), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 100676 section 2201 of this title  59z. Declaration of nonnavigability of bodies of water in Ridgefield, New Jersey  The three bodies of water located at block 4004, lots 1 and 2, and block 4003, lot 1, in the Borough of Ridgefield, County of Bergen, New Jersey, which have their mouths at the Hackensack River at 40 degrees 49 minutes 58 seconds north latitude and 74 degrees 01 minute 46 seconds west longitude, 40 degrees 49 minutes 46 seconds north latitude and 74 degrees 01 minute 55 seconds west longitude, and 40 degrees 49 minutes 35 seconds north latitude and 74 degrees 02 minutes 04 seconds west longitude, respectively, and the body of water located at block 4006, lot 1, in the Borough of Ridgefield, County of Bergen, New Jersey, which has its mouth at the Hackensack River at 40 degrees 49 minutes 15 seconds north latitude and 74 degrees 01 minute 52 seconds west longitude, are declared to be nonnavigable waterways of the United States within the meaning of the General Bridge Act of 1946 ( 33 U.S.C. 525 section 401 of this title ( Pub. L. 100676,  54 Nov. 17, 1988 102 Stat. 4046  Editorial Notes  References in Text The General Bridge Act of 1946, referred to in text, is title V of act Aug. 2, 1946, ch. 753 60 Stat. 847 section 525 of this title  59aa. Nonnavigability of Wisconsin River  The portion of the Wisconsin River above the hydroelectric dam at Prairie du Sac, Wisconsin, is hereby declared to be a nonnavigable waterway of the United States for purposes of title 46, including but not limited to the provisions of such title relating to vessel inspection and vessel licensure, and the other maritime laws of the United States. ( Pub. L. 101595, title III,  318 Nov. 16, 1990 104 Stat. 2988  59bb. Declaration of nonnavigability for portions of Lake Erie (a) Area to be declared nonnavigable; public interest Unless the Secretary finds, after consultation with local and regional public officials (including local and regional public planning organizations), that the proposed projects to be undertaken within the boundaries of Lake Erie described in Committee Print 10148 of the Committee on Public Works and Transportation of the House of Representatives, dated July 1990, are not in the public interest then, subject to subsections (b) and (c) of this section, those portions of Lake Erie, bounded and described in such Committee print, are declared to be nonnavigable waters of the United States. (b) Limits on applicability; regulatory requirements The declaration under subsection (a) shall apply only to those parts of the areas described in the Committee print referred to in subsection (a) which are or will be bulkheaded and filled or otherwise occupied by permanent structures, including marina facilities. All such work is subject to all applicable Federal statutes and regulations including, but not limited to, sections 401 and 403 of this title, section 1344 of this title 42 U.S.C. 4321 (c) Expiration date If, 20 years from November 28, 1990 1 1 ( Pub. L. 101640, title IV,  408 Nov. 28, 1990 104 Stat. 4647  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsec. (b), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 Statutory Notes and Related Subsidiaries  Change of Name Committee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 10414 section 21 of Title 2  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 101640 section 2201 of this title  59bb1. Declaration of nonnavigability for Lake Erie, New York (a) Area to be declared nonnavigable; public interest Unless the Secretary finds, after consultation with local and regional public officials (including local and regional public planning organizations), that the proposed projects to be undertaken within the boundaries in the portion of Erie County, New York, described in subsection (b), are not in the public interest then, subject to subsection (c), those portions of such county that were once part of Lake Erie and are now filled are declared to be nonnavigable waters of the United States. (b) Boundaries The portion of Erie County, New York, referred to in subsection (a) is all that tract or parcel of land, situated in the town of Hamburg and the city of Lackawanna, Erie County, New York, being part of Lots 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25 of the Ogden Gore Tract and part of Lots 23, 24, and 36 of the Buffalo Creek Reservation, Township 10, Range 8 of the Holland Land Companys Survey and more particularly bounded and described as follows: [Omitted.] (c) Limits on applicability; regulatory requirements The declaration under subsection (a) shall apply to those parts of the areas described in subsection (b) that are filled portions of Lake Erie. Any work on these filled portions shall be subject to all applicable Federal statutes and regulations, including sections 401 and 403 of this title, section 1344 of this title 42 U.S.C. 4321 (d) Expiration date If, 20 years from December 11, 2000 ( Pub. L. 106541, title III,  346 Dec. 11, 2000 114 Stat. 2614  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsec. (c), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 Codification The provisions of subsec. (b) of this section, which contain the text of the boundary descriptions, have been omitted. Such provisions appear at 114 Stat. 2614 Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 106541 section 2201 of this title  59cc. Declaration of nonnavigability of portion of Hudson River, New York (a) Declaration of nonnavigability Subject to subsections (c), (d), and (e), the area described in subsection (b) is declared to be nonnavigable waters of the United States. (b) Area subject to declaration The area described in this subsection is the portion of the Hudson River, New York, described as follows (according to coordinates and bearings in the system used on the Borough Survey, Borough Presidents Office, New York, New York): Beginning at a point in the United States Bulkhead Line approved by the Secretary of War, July 31, 1941 Running thence easterly, on the arc of a circle curving to the left, whose radial line bears north 34420 east, having a radius of 390.00 feet and a central angle of 220550, 150.41 feet to a point of tangency; Thence north 713830 east, 42.70 feet; Thence south 110540 east, 33.46 feet; Thence south 785420 west, 0.50 feet; Thence south 110540 east, 2.50 feet; Thence north 785420 east, 0.50 feet; Thence south 110540 east, 42.40 feet to a point of curvature; Thence southerly, on the arc of a circle curving to the right, having a radius of 220.00 feet and a central angle of 163740, 63.85 feet to a point of compound curvature; Thence still southerly, on the arc of a circle curving to the right, having a radius of 150.00 feet and a central angle of 383900, 101.19 feet to another point of compound curvature; Thence westerly, on the arc of a circle curving to the right, having a radius of 172.05 feet and a central angle of 323203, 97.69 feet to a point of curve intersection; Thence south 131657 east, 50.86 feet to a point of curve intersection; Thence westerly, on the arc of a circle curving to the left, whose radial bears north 131657 west, having a radius of 6.00 feet and a central angle of 1803231, 18.91 feet to a point of curve intersection; Thence southerly, on the arc of a circle curving to the left, whose radial line bears north 753711 east, having a radius of 313.40 feet and a central angle of 45526, 26.93 feet to a point of curve intersection; Thence south 704145 west, 36.60 feet; Thence north 134500 west, 42.87 feet; Thence south 761500 west, 15.00 feet; Thence south 134500 east, 44.33 feet; Thence south 704145 west, 128.09 feet to a point in the United States Pierhead Line approved by the Secretary of War, 1936; Thence north 630848 west, along the United States Pierhead Line approved by the Secretary of War, 1936, 114.45 feet to an angle point therein; Thence north 610800 west, still along the United States Pierhead Line approved by the Secretary of War, 1936, 202.53 feet; The following three courses being along the lines of George Soilan Park as shown on map prepared by The City of New York, adopted by the Board of Estimate, November 13, 1981 Thence north 773520 east, 231.35 feet; Thence north 122440 west, 33.92 feet; Thence north 544900 east, 171.52 feet to a point in the United States Bulkhead Line approved by the Secretary of War, July 31, 1941 Thence north 122440 west, along the United States Bulkhead Line approved by the Secretary of War, July 31, 1941 1 1 (c) Determination of public interest The declaration made in subsection (a) shall not take effect if the Secretary of the Army (acting through the Chief of Engineers), using reasonable discretion, finds that the proposed project is not in the public interest (1) before the date which is 120 days after the date of the submission to the Secretary of appropriate plans for the proposed project; and (2) after consultation with local and regional public officials (including local and regional public planning organizations). (d) Limitation on applicability of declaration (1) Affected area The declaration made in subsection (a) shall apply only to those portions of the area described in subsection (b) which are or will be occupied by permanent structures (including docking facilities) comprising the proposed project. (2) Application of other laws Notwithstanding subsection (a), all activities conducted in the area described in subsection (b) are subject to all Federal laws which apply to such activities, including (A) sections 401 and 403 of this title; (B)  section 1344 of this title (C) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (e) Expiration date The declaration made in subsection (a) shall expire (1) on the date which is 6 years after December 18, 1991 (2) on the date which is 20 years after December 18, 1991 (f) Proposed project defined For the purposes of this section, the term proposed project means any project for the rehabilitation and development of (1) the structure located in the area described in subsection (b), commonly referred to as Pier A; and (2) the area surrounding such structure. ( Pub. L. 102240, title I,  1078 Dec. 18, 1991 105 Stat. 2015  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsec. (d)(2)(C), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42  59dd. Declaration of nonnavigability of portions of Cleveland Harbor, Ohio (a) to (c) Omitted (d) Area to be declared nonnavigable; public interest Unless the Secretary of the Army finds, after consultation with local and regional public officials (including local and regional public planning organizations), that the proposed projects to be undertaken within the boundaries in the portions of Cleveland Harbor, Ohio, described below, are not in the public interest then, subject to subsections (e) and (f) of this section, those portions of such Harbor, bounded and described as follows, are declared to be nonnavigable waters of the United States: Situated in the City of Cleveland, Cuyahoga County and State of Ohio, T7N, R13W and being more fully described as follows: Beginning at an iron pin monument at the intersection of the centerline of East 9th Street (99 feet wide) with the centerline of relocated Erieside Avenue, N.E., (70 feet wide) at Cleveland Regional Geodetic Survey Grid System, (CRGS) coordinates N92,679.734, E86,085.955; Thence south 560652 west on the centerline of relocated Erieside Avenue, N.E., a distance of 89.50 feet to a drill hole set. Thence north 335308 west a distance of 35.00 feet to a drill hole set on the north-westerly right-of-way line of relocated Erieside Avenue, N.E., said point being the true place of beginning of the parcel herein described. Thence south 560652 west on the northwesterly right-of-way line of relocated Erieside Avenue, N.E., a distance of 23.39 feet to a 58 inch re-bar set; Thence southwesterly on the northwesterly right-of-way line of relocated Erieside Avenue, N.E., along the arc of a curve to the left with a radius of 335.00 feet, and whose chord bears south 423652 west 156.41 feet, an arc distance of 157.87 feet to a 58 inch re-bar set; Thence south 290652 west on the northwesterly right-of-way line of relocated Erieside Avenue, N.E., a distance of 119.39 feet to a 58 inch re-bar set; Thence southwesterly on the northwesterly right-of-way of relocated Erieside Avenue, N.E., along the arc of a curve to the right with a radius of 665.00 feet, and whose chord bears south 322208 west 75.50 feet, an arc distance of 75.54 feet to a 58 inch re-bar set; Thence north 335308 west a distance of 279.31 feet to a drill hole set; Thence south 560652 west a distance of 37.89 feet to a drill hole set; Thence north 335308 west a distance of 127.28 feet to a point; Thence north 110652 east a distance of 225.00 feet to a point; Thence south 785308 east a distance of 150.00 feet to a drill hole set; Thence north 110652 east a distance of 32.99 feet to a drill hole set; Thence north 335308 east a distance of 46.96 feet to a drill hole set; Thence north 560652 east a distance of 140.36 feet to a drill hole set on the southwesterly right-of-way line of East 9th Street; Thence south 335308 east on the southwesterly right-of-way line of East 9th Street a distance of 368.79 feet to a drill hole set; Thence southwesterly along the arc of a curve to the right with a radius of 40.00 feet, and whose chord bears south 110652 west 56.57 feet, an arc distance of 62.83 feet to the true place of beginning containing 174,764 square feet (4.012 acres) more or less. (e) Limits on applicability; regulatory requirements The declaration under subsection (d) shall apply only to those parts of the areas described in subsection (d) which are or will be bulkheaded and filled or otherwise occupied by permanent structures, including marina facilities. All such work is subject to all applicable Federal statutes and regulations, including sections 401 and 403 of this title, section 1344 of this title 42 U.S.C. 4321 (f) Expiration date If, 20 years from December 18, 1991 ( Pub. L. 102240, title I,  1079 Dec. 18, 1991 105 Stat. 2017  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsec. (e), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 Codification Section is comprised of section 1079 of Pub. L. 102240 section 1079 of Pub. L. 102240 Pub. L. 99662, title II Nov. 17, 1986 100 Stat. 4095  59ee. Portion of Sacramento River Barge Canal declared to not be navigable waters of United States  For purposes of bridge administration, the Sacramento River Barge Canal, which connects the Sacramento Deep Water Ship Channel with the Sacramento River in West Sacramento, Yolo County, California, is declared to not be navigable waters of the United States for purposes of the General Bridge Act of 1946 ( 33 U.S.C. 525 ( Pub. L. 102241,  34 Dec. 19, 1991 105 Stat. 2223  Editorial Notes  References in Text The General Bridge Act of 1946, referred to in text, is title V of act Aug. 2, 1946, ch. 753 60 Stat. 847 section 525 of this title  59ee1. Declaration of nonnavigability for portion of Sacramento Deep Water Ship Channel  All waters within such portion of the project are declared to be nonnavigable waters of the United States solely for the purposes of the General Bridge Act of 1946 ( 33 U.S.C. 525 section 401 of this title ( Pub. L. 106541, title III,  347(a)(2) Dec. 11, 2000 114 Stat. 2618  Editorial Notes  References in Text Such portion of the project, referred to in text, means The portion of the project for navigation, Sacramento Deep Water Ship Channel, California, authorized by section 202(a) of the Water Resources Development Act of 1986 ( 100 Stat. 4092 section 347(a)(2) of Pub. L. 106541 Dec. 11, 2000 114 Stat. 2618 The General Bridge Act of 1946, referred to in text, is title V of act Aug. 2, 1946, ch. 753 60 Stat. 847 section 525 of this title Codification Section is comprised of the last sentence of section 347(a)(2) of Pub. L. 106541  59ff. Declaration of nonnavigability for portions of Pelican Island, Texas (a) Descriptions of nonnavigable areas Subject to the provisions of subsections (b), (c), and (d) of this section, those portions of Pelican Island, Texas, which are not submerged and which are within the following property descriptions, are declared to be nonnavigable waters of the United States: (1) to (5) Omitted. (b) Exceptions Notwithstanding the declaration under subsection (a), the following portions of Pelican Island, Texas, within those lands described in subsection (a) shall remain navigable waters of the United States: (1) to (3) Omitted. (c) Requirement that areas be improved The declaration under subsection (a) shall apply only to those parts of the areas described in subsection (a) of this section and not described in subsection (b) of this section which are or will be bulkheaded and filled or otherwise occupied by permanent structures or other permanent physical improvements, including marina facilities. All such work is subject to applicable Federal statutes and regulations, including sections 401 and 403 of this title, section 1344 of this title 42 U.S.C. 4321 (d) Expiration If, 20 years from December 19, 1991 ( Pub. L. 102241,  52 Dec. 19, 1991 105 Stat. 2228  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsec. (c), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 Codification The text of the boundary descriptions contained in pars. (1) to (5) of subsec. (a) and pars. (1) to (3) of subsec. (b), which is not set out in the Code, appears at 105 Stat. 2228  59gg. Declaration of nonnavigability for portions of Cuyahoga County, Ohio (a) Area to be declared nonnavigable; public interest Unless the Secretary finds, after consultation with local and regional public officials (including local and regional public planning organizations), that the proposed projects to be undertaken within the boundaries in the portions of the county of Cuyahoga, Ohio, described as follows, are not in the public interest then, subject to subsections (b) and (c), those portions of such county, bounded and described as follows, are declared to be nonnavigable waters of the United States: Situated in the city of Cleveland, county of Cuyahoga, and State of Ohio, T7N, R13W, and known as being a part of original two acre lots numbers 16, 17, 18, 19, and 20 and the northerly extensions thereof, and being more fully described as follows: Beginning at the intersection of the centerline of East 9th Street (99 feet wide) with the centerline of Relocated Erieside Avenue, N.E. (70 feet wide); thence south 56 degrees 06 minutes 52 seconds west on the centerline of Relocated Erieside Avenue, N.E., a distance of 112.89 feet to a point; thence north 33 degrees 53 minutes 08 seconds west a distance of 35.00 feet to a 58-inch rebar on the northwesterly right-of-way line of Relocated Erieside Avenue, N.E.; thence southwesterly on the northwesterly right-of-way line of Relocated Erieside Avenue, N.E., along the arc of a curve to the left, with a radius of 335.00 feet and whose chord bears south 42 degrees 36 minutes 52 seconds west 156.41 feet, an arc distance of 157.87 feet to a 58-inch rebar; thence south 29 degrees 06 minutes 52 seconds west on the northwesterly right-of-way line of Relocated Erieside Avenue, N.E., a distance of 119.39 feet to a 58-inch rebar; thence southwesterly on the northwesterly right-of-way line of Relocated Erieside Avenue, N.E., along the arc of a curve to the right, with a radius of 665.00 feet and whose chord bears south 39 degrees, 49 minutes 33 seconds west 247.19 feet, an arc distance of 248.64 feet to a 58-inch rebar and the true place of beginning of the parcel herein described; thence southwesterly on the northwesterly right-of-way line of Relocated Erieside Avenue, N.E., along the arc of a curve to the right, with a radius of 665.00 feet and whose chord bears south 53 degrees, 17 minutes 33 seconds west 64.05 feet, an arc distance of 64.08 feet to a 58-rebar set; thence south 56 degrees 03 minutes 30 seconds west on the northwesterly right-of-way line of Relocated Erieside Avenue, N.E., a distance of 248.38 feet to a 58-rebar set; thence northwesterly on the northeasterly right-of-way line of Relocated Erieside Avenue, N.E., along the arc of a curve to the right, with a radius of 265.00 feet and whose chord bears north 79 degrees 02 minutes 42 seconds west 374.09 feet, an arc distance of 415.31 feet to a drill hole set; thence north 34 degrees 08 minutes 55 seconds west on the northeasterly right-of-way line of Relocated Erieside Avenue, N.E., a distance of 505.30 feet to a 58-inch rebar set; thence northwesterly on the northeasterly right-of-way line of Relocated Erieside Avenue, N.E., along the arc of a curve to the left, with a radius of 112.00 feet and whose chord bears north 40 degrees 32 minutes 41 seconds west 24.95 feet, an arc distance of 25.01 feet to a drill hole set on the southerly right-of-way line of former Erieside Avenue, as vacated by city of Cleveland Ordinance No. 110087, passed June 16, 1987 (b) Limits on applicability; regulatory requirements The declaration under subsection (a) shall apply to those parts of the areas described in subsection (a) which are or will be bulkheaded and filled or otherwise occupied by permanent structures, including marina facilities. All such work is subject to all applicable Federal statutes and regulations, including sections 401 and 403 of this title, section 1344 of this title 42 U.S.C. 4321 (c) Expiration date If, 20 years from October 31, 1992 ( Pub. L. 102580, title III,  335 Oct. 31, 1992 106 Stat. 4853  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsec. (b), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 3 of Pub. L. 102580 section 2201 of this title  59hh. Declaration of nonnavigability for portion of Pelican Island, Texas (a) In general The Secretary of the Army is authorized to convey to the City 1 1 1 1 (b) Compensation for conveyance (1) In general Upon receipt of compensation from the city of Galveston, the Secretary shall convey the parcel, or any part of the parcel, as described in subsection (a). (2) Full parcel If the full 605-acre parcel is conveyed, the compensation shall be (A) conveyance to the Department of the Army of fee simple absolute title to a parcel of land containing approximately 564 acres on Pelican Island, Texas, in the Eneas Smith Survey, A190, Pelican Island, city of Galveston, Galveston County, Texas, adjacent to property currently owned by the United States, with the fair market value of the parcel being determined in accordance with subsection (d); and (B) payment to the United States of an amount equal to the difference between the fair market value of the parcel to be conveyed under subsection (a) and the fair market value of the parcel to be conveyed under subparagraph (A). (3) Partial parcel If the conveyance is 125 acres or less, compensation shall be an amount equal to the fair market value of the parcel to be conveyed, with the fair market value of the parcel being determined in accordance with subsection (d). (c) Disposition of spoil Costs of maintaining the Galveston Harbor and Channel will continue to be governed by the Local Cooperation Agreement (LCA) between the United States of America and the City 1 October 18, 1973 2 2 (d) Determination of fair market value The fair market value of the land to be conveyed pursuant to subsections (a) and (b) shall be determined by independent appraisers using the market value method. (e) Navigational servitude (1) Declaration of nonnavigability; public interest Unless the Secretary finds, after consultation with local and regional public officials (including local and regional public planning organizations), that the proposed projects to be undertaken within the parcel described in subsection (a) are not in the public interest then, subject to paragraphs (2) and (3), such parcel is declared to be nonnavigable waters of the United States. (2) Limits on applicability; regulatory requirements The declaration under paragraph (1) shall apply only to those parts of the parcel described in subsection (a) which are or will be bulkheaded and filled or otherwise occupied by permanent structures, including marina facilities. All such work is subject to all applicable Federal statutes and regulations including, but not limited to, sections 401 and 403 of this title, section 1344 of this title 42 U.S.C. 4321 (3) Expiration date If, 20 years after October 28, 1993 (f) Survey and study The 605-acre parcel and the 564-acre parcel shall be surveyed and further legally described prior to conveyance. Not later than 60 days following October 28, 1993 section 1344 of this title ( Pub. L. 103126, title I,  108 Oct. 28, 1993 107 Stat. 1320 Pub. L. 10653, title V,  585 Aug. 17, 1999 113 Stat. 377  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsec. (e)(2), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 Amendments 1999Subsec. (a). Pub. L. 10653,  585(1) Subsec. (b). Pub. L. 10653,  585(2) (1) conveyance to the Department of the Army of fee simple absolute title to a parcel of land containing approximately 564 acres on Pelican Island, Texas, in the Eneas Smith Survey, A190, Pelican Island, City of Galveston, Galveston County, Texas, adjacent to property currently owned by the United States. The fair market value of such parcel will be determined in accordance with the provision of subsection (d) of this section; and (2) payment to the United States of an amount equal to the difference of the fair market value of the parcel to be conveyed pursuant to subsection (a) of this section and the fair market value of the parcel to be conveyed pursuant to paragraph (1) of this subsection. Subsec. (c). Pub. L. 10653,  585(3)  59ii. Declaration of nonnavigability of a portion of the canal known as the James River and Kanawha Canal in Richmond, Virginia (a) Canal declared nonnavigable The portion of the canal known as the James River and Kanawha Canal in Richmond, Virginia, located between the Great Ship Lock on the east and the limits of the City of Richmond on the west is hereby declared to be a nonnavigable waterway of the United States for purposes of subtitle II of title 46. (b) Ensuring public safety The Secretary of Transportation shall provide such technical advice, information, and assistance as the City of Richmond, Virginia, or its designee may request to insure that the vessels operating on the waters declared nonnavigable by subsection (a) are built, maintained, and operated in a manner consistent with protecting public safety. (c) Termination of declaration (1) In general The Secretary of Transportation may terminate the effectiveness of the declaration made by subsection (a) by publishing a determination that vessels operating on the waters declared nonnavigable by subsection (a) have not been built, maintained, and operated in a manner consistent with protecting public safety. (2) Public input Before making a determination under this subsection, the Secretary of Transportation shall (A) consult with appropriate State and local government officials regarding whether such a determination is necessary to protect public safety and will serve the public interest; and (B) provide to persons who might be adversely affected by the determination the opportunity for comment and a hearing on whether such action is necessary to protect public safety and will serve the public interest. ( Pub. L. 10632,  2 June 1, 1999 113 Stat. 115  Statutory Notes and Related Subsidiaries Findings Pub. L. 10632,  1 June 1, 1999 113 Stat. 115  The Congress finds the following: (1) The canal known as the James River and Kanawha Canal played an important part in the economic development of the Commonwealth of Virginia and the City of Richmond. (2) The canal ceased to operate as a functioning waterway in the conduct of commerce in the late 1800s. (3) Portions of the canal have been found by a Federal district court to be nonnavigable. (4) The restored portion of the canal will be utilized to provide entertainment and education to visitors and will play an important part in the economic development of downtown Richmond. (5) The restored portion of the canal will not be utilized for general public boating, and will be restricted to activities similar to those conducted on similar waters in San Antonio, Texas. (6) The continued classification of the canal as a navigable waterway based upon historic usage that ceased more than 100 years ago does not serve the public interest and is unnecessary to protect public safety. (7) Congressional action is required to clarify that the canal is no longer to be considered a navigable waterway for purposes of subtitle II of title 46, United States Code.  59jj. Designation of nonnavigability for portions of Gloucester County, New Jersey (a) Designation (1) In general The Secretary of the Army (referred to in section 1 1 2 2 (2) Description of areas The areas referred to in paragraph (1) are certain parcels of property situated in the West Deptford Township, Gloucester County, New Jersey, as depicted on Tax Assessment Map #26, Block #328, Lots #1, 1.03, 1.08, and 1.09, more fully described as follows: (A) Beginning at the point in the easterly line of Church Street (49.50 feet wide), said beginning point being the following 2 courses from the intersection of the centerline of Church Street with the curved northerly right-of-way line of Pennsylvania-Reading Seashore Lines Railroad (66.00 feet wide) (i) along said centerline of Church Street N. 112850 E. 38.56 feet; thence (ii) along the same N. 612835 E. 32.31 feet to the point of beginning. (B) Said beginning point also being the end of the thirteenth course and from said beginning point runs; thence, along the aformentioned 3 3 (i) N. 112850 E. 1052.14 feet; thence (ii) crossing Church Street, N. 341951 W. 1590.16 feet; thence (iii) N. 275637 W. 3674.36 feet; thence (iv) N. 353354 W. 975.59 feet; thence (v) N. 570439 W. 481.04 feet; thence (vi) N. 362255 W. 870.00 feet to a point in the Pierhead and Bulkhead Line along the Southeasterly shore of the Delaware River; thence (vii) along the same line N. 533705 E. 1256.19 feet; thence (viii) still along the same, N. 861029 E. 1692.61 feet; thence, still along the same the following thirteenth courses (ix) S. 674420 E. 1090.00 feet to a point in the Pierhead and Bulkhead Line along the Southwesterly shore of Woodbury Creek; thence (x) S. 394420 E. 507.10 feet; thence (xi) S. 310138 E. 1062.95 feet; thence (xii) S. 343420 E. 475.00 feet; thence (xiii) S. 322028 E. 254.18 feet; thence (xiv) S. 525549 E. 964.95 feet; thence (xv) S. 562440 E. 366.60 feet; thence (xvi) S. 803150 E. 100.51 feet; thence (xvii) N. 753000 E. 120.00 feet; thence (xviii) N. 530900 E. 486.50 feet; thence (xix) N. 811800 E. 132.00 feet; thence (xx) S. 563500 E. 115.11 feet; thence (xxi) S. 420000 E. 271.00 feet; thence (xxii) S. 483000 E. 287.13 feet to a point in the Northwesterly line of Grove Avenue (59.75 feet wide); thence (xxiii) S. 230950 W. 4120.49 feet; thence (xxiv) N. 665010 W. 251.78 feet; thence (xxv) S. 360520 E. 228.64 feet; thence (xxvi) S. 585300 W. 1158.36 feet to a point in the Southwesterly line of said River Lane; thence (xxvii) S. 413135 E. 113.50 feet; thence (xxviii) S. 612835 W. 863.52 feet to the point of beginning. (C) (i) Except as provided in clause (ii), beginning at a point in the centerline of Church Street (49.50 feet wide) where the same is intersected by the curved northerly line of Pennsylvania-Reading Seashore Lines Railroad right-of-way (66.00 feet wide), along that Railroad, on a curve to the left, having a radius of 1465.69 feet, an arc distance of 1132.14 feet (I) N. 884547 W. 1104.21 feet; thence (II) S. 690630 W. 1758.95 feet; thence (III) N. 230443 W. 600.19 feet; thence (IV) N. 191532 W. 3004.57 feet; thence (V) N. 445241 W. 897.74 feet; thence (VI) N. 322605 W. 2765.99 feet to a point in the Pierhead and Bulkhead Line along the Southeasterly shore of the Delaware River; thence (VII) N. 533705 E. 2770.00 feet; thence (VIII) S. 362255 E. 870.00 feet; thence (IX) S. 570439 E. 481.04 feet; thence (X) S. 353354 E. 975.59 feet; thence (XI) S. 275637 E. 3674.36 feet; thence (XII) crossing Church Street, S. 341951 E. 1590.16 feet to a point in the easterly line of Church Street; thence (XIII) S. 112850 W. 1052.14 feet; thence (XIV) S. 612835 W. 32.31 feet; thence (XV) S. 112850 W. 38.56 feet to the point of beginning. (ii) The parcel described in clause (i) does not include the parcel beginning at the point in the centerline of Church Street (49.50 feet wide), that point being N. 112850 E. 796.36 feet, measured along the centerline, from its intersection with the curved northerly right-of-way line of Pennsylvania-Reading Seashore Lines Railroad (66.00 feet wide) (I) N. 782740 W. 118.47 feet; thence (II) N. 154840 W. 120.51 feet; thence (III) N. 775300 E 189.58 feet to a point in the centerline of Church Street; thence (IV) S. 112850 W. 183.10 feet to the point of beginning. (b) Limits on applicability; regulatory requirements (1) In general The designation under subsection (a)(1) shall apply to those parts of the areas described in subsection (a) that are or will be bulkheaded and filled or otherwise occupied by permanent structures, including marina facilities. (2) Applicable law All activities described in paragraph (1) shall be subject to all applicable Federal law, including (A) the Act of March 3, 1899 30 Stat. 1121 (B)  section 1344 of this title (C) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (c) Termination of designation If, on the date that is 20 years after November 12, 2001 4 4 ( Pub. L. 10766, title I,  107 Nov. 12, 2001 115 Stat. 494  Editorial Notes  References in Text Act of March 3, 1899 act Mar. 3, 1899, ch. 425 30 Stat. 1121 section 686 of this title The National Environmental Policy Act of 1969, referred to in subsec. (b)(2)(C), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42  59kk. Wateree River  For purposes of bridge administration, the portion of the Wateree River in the State of South Carolina, from a point 100 feet upstream of the railroad bridge located at approximately mile marker 10.0 to a point 100 feet downstream of such bridge, is declared to not be navigable waters of the United States for purposes of the General Bridge Act of 1946 ( 33 U.S.C. 525 ( Pub. L. 108293, title VI,  610 Aug. 9, 2004 118 Stat. 1058  Editorial Notes  References in Text The General Bridge Act of 1946, referred to in text, is title V of act Aug. 2, 1946, ch. 753 60 Stat. 847 section 525 of this title  59ll. Central Delaware River, Philadelphia, Pennsylvania (a) Area to be declared nonnavigable Subject to subsection (c), unless the Secretary finds, after consultation with local and regional public officials (including local and regional public planning organizations), that there are substantive objections, those portions of the Delaware River, bounded by the former bulkhead and pierhead lines that were established by the Secretary of War and successors and described as follows, are declared to be nonnavigable waters of the United States: (1) Piers 70 South through 38 South, encompassing an area bounded by the southern line of Moore Street extended to the northern line of Catherine Street extended, including the following piers: Piers 70, 68, 67, 64, 6163, 60, 57, 55, 53, 48, 46, 40, and 38. (2) Piers 24 North through 72 North, encompassing an area bounded by the southern line of Callowhill Street extended to the northern line of East Fletcher Street extended, including the following piers: Piers 24, 25, 2735, 35.5, 36, 37, 38, 39, 49, 5152, 5357, 5865, 66, 67, 69, 7072, and Rivercenter. (b) Public interest determination The Secretary shall make the public interest determination under subsection (a) separately for each proposed project to be undertaken within the boundaries described in subsection (a), using reasonable discretion, not later than 150 days after the date of submission of appropriate plans for the proposed project. (c) Limits on applicability The declaration under subsection (a) shall apply only to those parts of the areas described in subsection (a) that are or will be bulkheaded and filled or otherwise occupied by permanent structures, including marina and recreation facilities. ( Pub. L. 114322, title I,  1308 Dec. 16, 2016 130 Stat. 1693  Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 1002 of Pub. L. 114322 section 2201 of this title  59mm. Coalbank Slough deemed not navigable waters of the United States for certain purposes  The Coalbank Slough in Coos Bay, Oregon, is deemed to not be navigable waters of the United States for all purposes of subchapter J of Chapter I of title 33, Code of Federal Regulations. ( Pub. L. 116283, div. G, title LVXXXIV Jan. 1, 2021 134 Stat. 4736 CHAPTER 2 INTERNATIONAL RULES FOR NAVIGATION AT SEA  61 to 63. Repealed. Oct. 11, 1951, ch. 495,  5 65 Stat. 407   Section 61, acts Aug. 19, 1890, ch. 802,  1 26 Stat. 320 Feb. 19, 1895, ch. 102,  1 28 Stat. 672 June 7, 1897, ch. 4,  1 30 Stat. 96 section 1602 of this title  Section 62, act Aug. 19, 1890, ch. 802,  1 26 Stat. 320 section 1601 of this title  Section 63, act Aug. 19, 1890, ch. 802,  1 26 Stat. 321 Statutory Notes and Related Subsidiaries Effective Date of Repeal Section 5 of act Oct. 11, 1951 Oct. 11, 1951 Aug. 1, 1953 Jan. 1, 1954  71 to 84. Repealed. Oct. 11, 1951, ch. 495,  5 65 Stat. 407   Section 71, act Aug. 19, 1890, ch. 802,  1 26 Stat. 321  Section 72, act Aug. 19, 1890, ch. 802,  1 26 Stat. 321  Section 73, act Aug. 19, 1890, ch. 802,  1 26 Stat. 321  Section 74, act Aug. 19, 1890, ch. 802,  1 26 Stat. 322  Section 75, act Aug. 19, 1890, ch. 802,  1 26 Stat. 322  Section 76, act Aug. 19, 1890, ch. 802,  1 26 Stat. 322  Section 77, acts Aug. 19, 1890, ch. 802,  1 26 Stat. 322 May 28, 1894, ch. 83 28 Stat. 82  Section 78, acts Aug. 19, 1890, ch. 802,  1 26 Stat. 323 Feb. 19, 1900, ch. 22,  1 31 Stat. 30  Section 79, acts Aug. 19, 1890, ch. 802,  1 26 Stat. 323 May 28, 1894, ch. 83 28 Stat. 82 Jan. 19, 1907, ch. 300,  1 34 Stat. 850  Section 80, act Aug. 19, 1890, ch. 802,  1 26 Stat. 324  Section 81, act Aug. 19, 1890, ch. 802,  1 26 Stat. 324  Section 82, act Aug. 19, 1890, ch. 802,  1 26 Stat. 325  Section 83, act Aug. 19, 1890, ch. 802,  1 26 Stat. 325  Section 84, act Aug. 19, 1890, ch. 802,  1 26 Stat. 325 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Jan. 1, 1954  91, 92. Repealed. Oct. 11, 1951, ch. 495,  5 65 Stat. 407   Section 91, acts Aug. 19, 1890, ch. 802,  1 26 Stat. 325 June 10, 1896, ch. 401,  1 29 Stat. 381  Section 92, act Aug. 19, 1890, ch. 802,  1 26 Stat. 325 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Jan. 1, 1954  101 to 113. Repealed. Oct. 11, 1951, ch. 495,  5 65 Stat. 407   Section 101, act Aug. 19, 1890, ch. 802,  1 26 Stat. 326  Section 102, act Aug. 19, 1890, ch. 802,  1 26 Stat. 326  Section 103, act Aug. 19, 1890, ch. 802,  1 26 Stat. 326  Section 104, act Aug. 19, 1890, ch. 802,  1 26 Stat. 327  Section 105, act Aug. 19, 1890, ch. 802,  1 26 Stat. 327  Section 106, acts Aug. 19, 1890, ch. 802,  1 26 Stat. 327 May 28, 1894, ch. 83 28 Stat. 83  Section 107, act Aug. 19, 1890, ch. 802,  1 26 Stat. 327  Section 108, act Aug. 19, 1890, ch. 802,  1 26 Stat. 327  Section 109, act Aug. 19, 1890, ch. 802,  1 26 Stat. 327  Section 110, act Aug. 19, 1890, ch. 802,  1 26 Stat. 327  Section 111, act Aug. 19, 1890, ch. 802,  1 26 Stat. 327  Section 112, act Aug. 19, 1890, ch. 802,  1 26 Stat. 327  Section 113, act Aug. 19, 1890, ch. 802,  1 26 Stat. 328 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Jan. 1, 1954  121. Repealed. Oct. 11, 1951, ch. 495,  5 65 Stat. 407   Section, act Aug. 19, 1890, ch. 802,  1 26 Stat. 328 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Jan. 1, 1954  131. Repealed. Oct. 11, 1951, ch. 495,  5 65 Stat. 407   Section, act Aug. 19, 1890, ch. 802,  1 26 Stat. 328 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Jan. 1, 1954  141. Repealed. Oct. 11, 1951, ch. 495,  5 65 Stat. 407   Section, acts Aug. 19, 1890, ch. 802,  1 26 Stat. 328 May 28, 1894, ch. 83 28 Stat. 83 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Jan. 1, 1954  142. Repealed. Oct. 11, 1951, ch. 495,  5 65 Stat. 407   Section, act Aug. 19, 1890, ch. 802,  1 Aug. 21, 1935, ch. 595,  1 49 Stat. 668 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Jan. 1, 1954  143 to 143b. Repealed. Pub. L. 88131,  3 Sept. 24, 1963 77 Stat. 194   Section 143, act Oct. 11, 1951, ch. 495,  1 65 Stat. 406  Section 143a, act Oct. 11, 1951, ch. 495,  2 65 Stat. 407  Section 143b, act Oct. 11, 1951, ch. 495,  6 65 Stat. 408 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Sept. 1, 1965 Dec. 29, 1964 section 3 of Pub. L. 88131 section 1051 of this title Executive Documents  Proclamation No. 3030 Proc. No. 3030, Aug. 19, 1953 act Oct. 11, 1951, ch. 495,  1 65 Stat. 406 Dec. 29, 1964 section 1051 of this title  Executive Order No. 10402 Ex. Ord. No. 10402, Oct. 30, 1952 Sept. 3, 1980 section 1602 of this title  144. Repealed. Pub. L. 88131,  3 Sept. 4, 1963 77 Stat. 194   Section, act Oct. 11, 1951, ch. 495,  6 65 Stat. 408 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Sept. 1, 1965 Dec. 29, 1964 section 3 of Pub. L. 88131 section 1051 of this title  145 to 145n. Repealed. Pub. L. 88131,  3 Sept. 24, 1963 77 Stat. 194   Section 145, act Oct. 11, 1951, ch. 495,  6 65 Stat. 408  Section 145a, act Oct. 11, 1951, ch. 495,  6 65 Stat. 410  Section 145b, act Oct. 11, 1951, ch. 495,  6 65 Stat. 410  Section 145c, act Oct. 11, 1951, ch. 495,  6 65 Stat. 411  Section 145d, act Oct. 11, 1951, ch. 495,  6 65 Stat. 411  Section 145e, act Oct. 11, 1951, ch. 495,  6 65 Stat. 411  Section 145f, act Oct. 11, 1951, ch. 495,  6 65 Stat. 412  Section 145g, acts Oct. 11, 1951, ch. 495,  6 65 Stat. 413 June 26, 1953, ch. 155,  1 67 Stat. 83  Section 145h, acts Oct. 11, 1951, ch. 495,  6 65 Stat. 414  Section 145i, acts Oct. 11, 1951, ch. 495,  6 65 Stat. 414 June 26, 1953, ch. 155,  2 67 Stat. 83  Section 145j, act Oct. 11, 1951, ch. 495,  6 65 Stat. 415  Section 145k, act Oct. 11, 1951, ch. 495,  6 65 Stat. 415  Section 145 l act Oct. 11, 1951, ch. 495,  6 65 Stat. 415  Section 145m, act Oct. 11, 1951, ch. 495,  6 65 Stat. 415  Section 145n, act Oct. 11, 1951, ch. 495,  6 65 Stat. 417 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Sept. 1, 1965 Dec. 29, 1964 section 3 of Pub. L. 88131 section 1051 of this title  146 to 146k. Repealed. Pub. L. 88131,  3 Sept. 24, 1963 77 Stat. 194   Section 146, act Oct. 11, 1951, ch. 495,  6 65 Stat. 417  Section 146a, act Oct. 11, 1951, ch. 495,  6 65 Stat. 417  Section 146b, act Oct. 11, 1951, ch. 495,  6 65 Stat. 417  Section 146c, act Oct. 11, 1951, ch. 495,  6 65 Stat. 418  Section 146d, act Oct. 11, 1951, ch. 495,  6 65 Stat. 418  Section 146e, act Oct. 11, 1951, ch. 495,  6 65 Stat. 418  Section 146f, act Oct. 11, 1951, ch. 495,  6 65 Stat. 418  Section 146g, act Oct. 11, 1951, ch. 495,  6 65 Stat. 418  Section 146h, act Oct. 11, 1951, ch. 495,  6 65 Stat. 418  Section 146i, act Oct. 11, 1951, ch. 495,  6 65 Stat. 419  Section 146j, act Oct. 11, 1951, ch. 495,  6 65 Stat. 419  Section 146k, act Oct. 11, 1951, ch. 495,  6 65 Stat. 419 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Sept. 1, 1965 Dec. 29, 1964 section 3 of Pub. L. 88131 section 1051 of this title  147 to 147d. Repealed. Pub. L. 88131,  3 Sept. 24, 1963 77 Stat. 194   Section 147, act Oct. 11, 1951, ch. 495,  6 65 Stat. 419  Section 147a, act Oct. 11, 1951, ch. 495,  6 65 Stat. 419  Section 147b, act Oct. 11, 1951, ch. 495,  6 65 Stat. 420  Section 147c, act Oct. 11, 1951, ch. 495,  6 65 Stat. 420  Section 147d, act Oct. 11, 1951, ch. 495,  6 65 Stat. 420 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Sept. 1, 1963 Dec. 29, 1964 section 3 of Pub. L. 88131 section 1051 of this title CHAPTER 3 NAVIGATION RULES FOR HARBORS, RIVERS, AND INLAND WATERS GENERALLY    SUBCHAPTER IPRELIMINARY  Sec.  151. High seas and inland waters demarcation lines.  152. Regulation of length of towlines.  153. Penalty for use of unlawful towline.  154 159. Repealed.  SUBCHAPTER IIRULES CONCERNING LIGHTS, ETC.  171 183. Repealed.  SUBCHAPTER IIISOUND SIGNALS FOR FOG, ETC.; SPEED  191 192. Repealed.  SUBCHAPTER IVSTEERING AND SAILING RULES AND SIGNALS  201 213. Repealed.  SUBCHAPTER VNO VESSEL UNDER ANY CIRCUMSTANCES TO NEGLECT PROPER PRECAUTIONS  221 222. Repealed.  SUBCHAPTER VIDISTRESS SIGNALS  231. Repealed.  SUBCHAPTER VIIORDERS  232. Repealed. SUBCHAPTER I PRELIMINARY  151. High seas and inland waters demarcation lines (a) Establishment and purpose The Secretary of the department in which the Coast Guard is operating shall establish appropriate identifiable demarcation lines dividing the high seas from harbors, rivers, and other inland waters of the United States, for the purpose of determining the applicability of special navigational rules in lieu of the International Regulations for Preventing Collisions at Sea. (b) Applicability of other statutes; limitation; position The Secretary shall also establish appropriate identifiable lines dividing inland waters of the United States from the high seas for the purpose of determining the applicability of each statute that refers to this section or this section, as amended. These lines may not be located more than twelve nautical miles seaward of the base line from which the territorial sea is measured. These lines may differ in position for the purposes of different statutes. (c) United States defined For the purposes of this section, the term United States includes the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other Commonwealth, territory, or possession of the United States. ( Feb. 19, 1895, ch. 102,  2 28 Stat. 672 Pub. L. 96324,  1 Aug. 8, 1980 94 Stat. 1020 Pub. L. 96376,  13 Oct. 3, 1980 94 Stat. 1511 Pub. L. 96591,  9 Dec. 24, 1980 94 Stat. 3436  Editorial Notes  References in Text The International Regulations for Preventing Collisions at Sea, referred to in subsec. (a), came into effect pursuant to the Convention on the International Regulations for Preventing Collisions at Sea, 1972. See International Regulations for Preventing Collisions at Sea, 1972 note under section 1602 of this title Codification Section was not enacted as part of act June 7, 1897, ch. 4 30 Stat. 96 Amendments 1980Subsec. (a). Pub. L. 96324 Subsec. (b). Pub. L. 96324 Subsec. (c). Pub. L. 96591 Pub. L. 96376 Pub. L. 96324 Statutory Notes and Related Subsidiaries  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 section 542 of Title 6 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  Territorial Sea of United States For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43  152. Regulation of length of towlines  The Commandant of the Coast Guard shall prepare regulations limiting the length of hawsers between towing vessels and seagoing barges in tow and the length of such tows within any of the inland waters of the United States designated and defined from time to time pursuant to section 151 of this title ( May 28, 1908, ch. 212,  14 35 Stat. 428 June 17, 1910, ch. 301 36 Stat. 537 Mar. 4, 1913, ch. 141,  1 37 Stat. 736 June 30, 1932, ch. 314 47 Stat. 415 May 27, 1936, ch. 463,  1 49 Stat. 1380 July 1, 1939 53 Stat. 1432 July 16, 1946 60 Stat. 1097 Aug. 4, 1949, ch. 393 63 Stat. 496  Editorial Notes Codification Section was not enacted as part of act June 7, 1897, ch. 4 30 Stat. 96 Statutory Notes and Related Subsidiaries  Transfer of Functions Commandant of the Coast Guard substituted in text for provision that the Chairman of the Light House Board, the Supervising Inspector General of the Steamboat Inspection Service and the Commissioner of Navigation shall convene as a board to prepare regulations, and for approval of the regulations by the Secretary of Commerce and Labor. Secretary of Commerce and Labor designated Secretary of Commerce by act Mar. 4, 1913 Sections 4 and 6 of act June 17, 1910 Aug. 4, 1949 Supervising Inspector General of the Steamboat Inspection Service and Commissioner of Navigation of Bureau of Navigation were affected by Secretarys authority to retain or dismiss officers and employees upon consolidation of bureaus under section 502(b) of act June 30, 1932 Steamboat Inspection Service and Bureau of Navigation consolidated into Bureau of Navigation and Steamboat Inspection to be under direction of a chief of bureau by section 501 of act June 30, 1932 Director of the Bureau of Navigation and Steamboat Inspection was designation given to chief of such Bureau by Secretary of Commerce under section 502(b) of act June 30, 1932 Bureau of Marine Inspection and Navigation was designation given to Bureau of Navigation and Steamboat Inspection by act May 27, 1936 Functions of Secretary of Commerce and Director of Bureau of Marine Inspection and Navigation under this section transferred to Commandant of the Coast Guard by Reorg. Plan No. 3, of 1946,  101 to 104, set out in the Appendix to Title 5. 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 section 542 of Title 6 Coast Guard transferred to Department of Transportation, and functions, powers, and duties relating to Coast Guard of Secretary of the Treasury and of other officers and offices of Department of the Treasury transferred to Secretary of Transportation by Pub. L. 89670,  6(b)(1) Oct. 15, 1966 80 Stat. 938 Section 6(b)(2) of Pub. L. 89670 section 108 of Title 49 Executive Documents  Transfer of Functions For transfer of functions of other officers, employees, and agencies of Department of the Treasury, with certain exceptions, to Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950,  1, 2, eff. July 31, 1950 64 Stat. 1280  153. Penalty for use of unlawful towline  The master of the towing vessel shall be liable to the suspension or revocation of his license for any willful violation of regulations issued pursuant to section 152 of this title ( May 28, 1908, ch. 212,  15 35 Stat. 429  Editorial Notes Codification Section was not enacted as part of act June 7, 1897, ch. 4 30 Stat. 96  154. Repealed. Pub. L. 96591,  8(a) Dec. 24, 1980 94 Stat. 3435   Section, acts June 7, 1897, ch. 4,  1 30 Stat. 96 May 21, 1948, ch. 328,  1 62 Stat. 249 Aug. 8, 1953, ch. 386,  1 67 Stat. 497 Editorial Notes Codification Prior rules for preventing collision prescribed by R.S.  4233 to be followed by vessels of the Navy and mercantile marine of the United States, applicable originally to all waters, were superseded as to navigation on the high seas and waters connected therewith by the International Rules ( act Aug. 19, 1890, ch. 802 act Feb. 8, 1895, ch. 64 act of Feb. 19, 1895, ch. 102 act June 7, 1897, ch. 4 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Dec. 24, 1981 section 7 of Pub. L. 96591 section 1604 of this title  155 to 159. Repealed. Pub. L. 96591,  8(a) Dec. 24, 1980 94 Stat. 3435   Section 155, act June 7, 1897, ch. 4,  1 30 Stat. 96  Section 156, act June 7, 1897, ch. 4,  1 30 Stat. 96  Section 157, acts June 7, 1897, ch. 4,  2 30 Stat. 102 May 25, 1914, ch. 98 38 Stat. 381 June 30, 1932, ch. 314 47 Stat. 415 May 27, 1936, ch. 463,  1 49 Stat. 1380 July 16, 1946 May 21, 1948, ch. 328,  3 62 Stat. 249 Aug. 14, 1958 Pub. L. 85656,  1 72 Stat. 612 section 2071 of this title  Section 157a, Pub. L. 88163 Oct. 30, 1963 77 Stat. 281  Section 158, acts June 7, 1897, ch. 4,  3 30 Stat. 102 May 21, 1948, ch. 328,  3 62 Stat. 249 Aug. 14, 1958 Pub. L. 85656,  1 72 Stat. 612 section 2072 of this title  Section 159, acts June 7, 1897, ch. 4,  4 30 Stat. 103 May 21, 1948, ch. 328,  3 62 Stat. 249 Aug. 14, 1958 Pub. L. 85656,  1 72 Stat. 612 section 2072 of this title Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Dec. 24, 1981 section 7 of Pub. L. 96591 section 1604 of this title SUBCHAPTER II RULES CONCERNING LIGHTS, ETC.  171 to 183. Repealed. Pub. L. 96591,  8(a) Dec. 24, 1980 94 Stat. 3435   Section 171, act June 7, 1897, ch. 4,  1 30 Stat. 96  Section 172, act June 7, 1897, ch. 4,  1 30 Stat. 96  Section 173, acts June 7, 1897, ch. 4,  1 30 Stat. 97 May 20, 1936, ch. 433 49 Stat. 1367 May 21, 1948, ch. 328,  2 62 Stat. 249 Aug. 14, 1958 Pub. L. 85635,  1 72 Stat. 590  Section 174, acts June 7, 1897, ch. 4,  1 30 Stat. 97 Mar. 1, 1933, ch. 157 47 Stat. 1417  Section 175, act June 7, 1897, ch. 4,  1 30 Stat. 97  Section 176, act June 7, 1897, ch. 4,  1 30 Stat. 98  Section 177, acts June 7, 1897, ch. 4,  1 30 Stat. 98 Feb. 19, 1900, ch. 22,  1 31 Stat. 30  Section 178, act June 7, 1897, ch. 4,  1 30 Stat. 98 July 16, 1946 60 Stat. 1097  Section 179, acts June 7, 1897, ch. 4,  1 30 Stat. 98 Aug. 14, 1958 Pub. L. 85635,  2 72 Stat. 590  Section 180, acts June 7, 1897, ch. 4,  1 30 Stat. 98 Apr. 22, 1940, ch. 128,  1 54 Stat. 150 Aug. 5, 1963 Pub. L. 8884,  1 77 Stat. 116 Oct. 15, 1966 Pub. L. 89670,  6 80 Stat. 937  Section 181, act June 7, 1897, ch. 4,  1 30 Stat. 99  Section 182, act June 7, 1897, ch. 4,  1 30 Stat. 99 section 2071 of this title  Section 183, act June 7, 1897, ch. 4,  1 30 Stat. 99 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Dec. 24, 1981 section 7 of Pub. L. 96591 section 1604 of this title SUBCHAPTER III SOUND SIGNALS FOR FOG, ETC.; SPEED  191, 192. Repealed. Pub. L. 96591,  8(a) Dec. 24, 1980 94 Stat. 3435   Section 191, acts June 7, 1897, ch. 4,  1 30 Stat. 99 Aug. 5, 1963 Pub. L. 8884,  2 77 Stat. 116  Section 192, act June 7, 1897, ch. 4,  1 30 Stat. 99 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Dec. 24, 1981 section 7 of Pub. L. 96591 section 1604 of this title SUBCHAPTER IV STEERING AND SAILING RULES AND SIGNALS  201 to 213. Repealed. Pub. L. 96591,  8(a) Dec. 24, 1980 94 Stat. 3435   Section 201, act June 7, 1897, ch. 4,  1 30 Stat. 100  Section 202, act June 7, 1897, ch. 4,  1 30 Stat. 100  Section 203, acts June 7, 1897, ch. 4,  1 30 Stat. 100 Aug. 21, 1935, ch. 595,  2 49 Stat. 669  Section 204, act June 7, 1897, ch. 4,  1 30 Stat. 101  Section 205, acts June 7, 1897, ch. 4,  1 30 Stat. 101 Nov. 5, 1966 Pub. L. 89764,  1 80 Stat. 1313  Section 206, act June 7, 1897, ch. 4,  1 30 Stat. 101  Section 207, act June 7, 1897, ch. 4,  1 30 Stat. 101  Section 208, act June 7, 1897, ch. 4,  1 30 Stat. 101  Section 209, act June 7, 1897, ch. 4,  1 30 Stat. 101  Section 210, acts June 7, 1897, ch. 4,  1 30 Stat. 101 Nov. 5, 1966 Pub. L. 89764,  2 80 Stat. 1313  Section 211, act June 7, 1897, ch. 4,  1 30 Stat. 102  Section 212, act June 7, 1897, ch. 4,  1 30 Stat. 102  Section 213, act June 7, 1897, ch. 4,  1 30 Stat. 102 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Dec. 24, 1981 section 7 of Pub. L. 96591 section 1604 of this title SUBCHAPTER V NO VESSEL UNDER ANY CIRCUMSTANCES TO NEGLECT PROPER PRECAUTIONS  221, 222. Repealed. Pub. L. 96591,  8(a) Dec. 24, 1980 94 Stat. 3435   Section 221, act June 7, 1897, ch. 4,  1 30 Stat. 102  Section 222, act June 7, 1897, ch. 4,  1 30 Stat. 102 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Dec. 24, 1981 section 7 of Pub. L. 96591 section 1604 of this title SUBCHAPTER VI DISTRESS SIGNALS  231. Repealed. Pub. L. 96591,  8(a) Dec. 24, 1980 94 Stat. 3435   Section, act June 7, 1897, ch. 4,  1 30 Stat. 102 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Dec. 24, 1981 section 7 of Pub. L. 96591 section 1604 of this title SUBCHAPTER VII ORDERS  232. Repealed. Pub. L. 96591,  8(a) Dec. 24, 1980 94 Stat. 3435   Section, act June 7, 1897, ch. 4,  1 Aug. 21, 1935, ch. 595,  2 49 Stat. 669 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Dec. 24, 1981 section 7 of Pub. L. 96591 section 1604 of this title CHAPTER 4 NAVIGATION RULES FOR GREAT LAKES AND THEIR CONNECTING AND TRIBUTARY WATERS  Editorial Notes Codification Prior rules for preventing collision prescribed by R.S.  4233 to be followed by vessels of the Navy and mercantile marine of the United States, applicable originally to all waters, were superseded as to navigation on the high seas and waters connected therewith by the International Rules ( act Aug. 19, 1890, ch. 802 act Feb. 8, 1895, ch. 64 act of Feb. 19, 1895, ch. 102 act June 7, 1897, ch. 4,  1 30 Stat. 96 SUBCHAPTER I PRELIMINARY  241 to 244. Repealed. Pub. L. 96591,  8(b) Dec. 24, 1980 94 Stat. 3435   Section 241, acts Feb. 8, 1895, ch. 64,  1 28 Stat. 645 Mar. 28, 1958 Pub. L. 85350,  1 72 Stat. 49  Section 242, acts Feb. 8, 1895, ch. 64,  1 28 Stat. 645  Section 243, acts Feb. 8, 1895, ch. 64,  3 28 Stat. 649 Feb. 14, 1903, ch. 552,  10 32 Stat. 829 Mar. 4, 1913, ch. 141,  1 37 Stat. 736 July 16, 1946 60 Stat. 1097 section 2071 of this title  Section 244, acts Feb. 8, 1895, ch. 64,  2 28 Stat. 649 Mar. 28, 1958 Pub. L. 85350,  2 72 Stat. 49 section 2072 of this title Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Mar. 1, 1983 Apr. 8, 1982 section 7 of Pub. L. 96591 section 1604 of this title SUBCHAPTER II RULES CONCERNING LIGHTS, ETC.  251 to 262. Repealed. Pub. L. 96591,  8(b) Dec. 24, 1980 94 Stat. 3435   Section 251, acts Feb. 8, 1895, ch. 64,  1 28 Stat. 645 May 17, 1928, ch. 600 45 Stat. 592  Section 252, acts Feb. 8, 1895, ch. 64,  1 28 Stat. 645 May 17, 1928, ch. 600 45 Stat. 592 Feb. 28, 1929, ch. 370 45 Stat. 1405 May 9, 1932, ch. 175,  1 47 Stat. 152 Mar. 18, 1948, ch. 138 62 Stat. 82  Section 253, act Feb. 8, 1895, ch. 64,  1 28 Stat. 646  Section 254, act Feb. 8, 1895, ch. 64,  1 28 Stat. 646  Section 255, act Feb. 8, 1895, ch. 64,  1 28 Stat. 646  Section 256, acts Feb. 8, 1895, ch. 64,  1 28 Stat. 646 May 17, 1928, ch. 601,  1 45 Stat. 593 July 16, 1946 60 Stat. 1097  Section 257, act Feb. 8, 1895, ch. 64,  1 28 Stat. 646  Section 258, acts Feb. 8, 1895, ch. 64,  1 28 Stat. 647 May 17, 1928, ch. 600 45 Stat. 592 Apr. 22, 1940, ch. 128,  2 54 Stat. 150 Jan. 12, 1983 Pub. L. 97449,  2(d)(1) 96 Stat. 2440  Section 259, acts Feb. 8, 1895, ch. 64,  1 28 Stat. 647 July 16, 1946 60 Stat. 1097  Section 260, act Feb. 8, 1895, ch. 64,  1 28 Stat. 647  Section 261, act Feb. 8, 1895, ch. 64,  1 28 Stat. 647  Section 262, act Feb. 8, 1895, ch. 64,  1 28 Stat. 647 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Mar. 1, 1983 Apr. 8, 1982 section 7 of Pub. L. 96591 section 1604 of this title SUBCHAPTER III SOUND SIGNALS FOR FOG, ETC.; SPEED  271, 272. Repealed. Pub. L. 96591,  8(b) Dec. 24, 1980 94 Stat. 3435   Section 271, acts Feb. 8, 1895, ch. 64,  1 28 Stat. 647 July 16, 1946 60 Stat. 1097 Mar. 18, 1948, ch. 138,  4 62 Stat. 82  Section 272, act Feb. 8, 1895, ch. 64,  1 28 Stat. 648 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Mar. 1, 1983 Apr. 8, 1982 section 7 of Pub. L. 96591 section 1604 of this title SUBCHAPTER IV STEERING AND SAILING RULES  281 to 293. Repealed. Pub. L. 96591,  8(b) Dec. 24, 1980 94 Stat. 3435   Section 281, act Feb. 8, 1895, ch. 64,  1 28 Stat. 648  Section 282, act Feb. 8, 1895, ch. 64,  1 28 Stat. 648  Section 283, act Feb. 8, 1895, ch. 64,  1 28 Stat. 648  Section 284, acts Feb. 8, 1895, ch. 64,  1 28 Stat. 648 Nov. 5, 1966 Pub. L. 89764,  3 80 Stat. 1313  Section 285, act Feb. 8, 1895, ch. 64,  1 28 Stat. 649  Section 286, act Feb. 8, 1895, ch. 64,  1 28 Stat. 649  Section 287, act Feb. 8, 1895, ch. 64,  1 28 Stat. 649  Section 288, act Feb. 8, 1895, ch. 64,  1 28 Stat. 649  Section 289, acts Feb. 8, 1895, ch. 64,  1 28 Stat. 649 Nov. 5, 1966 Pub. L. 89764,  4 80 Stat. 1313  Section 290, act Feb. 8, 1895, ch. 64,  1 28 Stat. 649  Section 291, act Feb. 8, 1895, ch. 64,  1 28 Stat. 649  Section 292, act Feb. 8, 1895, ch. 64,  1 28 Stat. 649  Section 293, act Feb. 8, 1895, ch. 64,  1 28 Stat. 649 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Mar. 1, 1983 Apr. 8, 1982 section 7 of Pub. L. 96591 section 1604 of this title SUBCHAPTER V ORDERS  294. Repealed. Pub. L. 96591,  8(b) Dec. 24, 1980 94 Stat. 3435   Section, act Feb. 8, 1895, ch. 64,  1 Aug. 21, 1935, ch. 595,  3 49 Stat. 669 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Mar. 1, 1983 Apr. 8, 1982 section 7 of Pub. L. 96591 section 1604 of this title SUBCHAPTER VI VESSELS NOT UNDER WAY  295. Repealed. Pub. L. 96591,  8(b) Dec. 24, 1980 94 Stat. 3435   Section, act Feb. 8, 1895, ch. 64,  1 Mar. 18, 1948, ch. 138,  5 62 Stat. 82 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Mar. 1, 1983 Apr. 8, 1982 section 7 of Pub. L. 96591 section 1604 of this title CHAPTER 5 NAVIGATION RULES FOR RED RIVER OF THE NORTH AND RIVERS EMPTYING INTO GULF OF MEXICO AND TRIBUTARIES  Editorial Notes Codification The rules for preventing collisions prescribed by R.S.  4233, as amended, formed the basis of this chapter. Those rules as enacted were not limited in application to the navigation of any waters. But they were superseded as to navigation on the high seas and in all coast waters of the United States, except such as were otherwise provided for, by the adoption of Revised International Regulations by act Mar. 3, 1885, ch. 354 23 Stat. 438 Aug. 19, 1890 Feb. 8, 1895 Feb. 19, 1895 June 7, 1897 SUBCHAPTER I PRELIMINARY  301 to 303. Repealed. Pub. L. 96591,  8(a) Dec. 24, 1980 94 Stat. 3435   Section 301, R.S.  4233; Aug. 19, 1890, ch. 802 26 Stat. 320 Feb. 8, 1895, ch. 64,  1 28 Stat. 645 Feb. 19, 1895, ch. 102,  1 28 Stat. 672 June 7, 1897, ch. 4 30 Stat. 96 May 21, 1948, ch. 328,  4 62 Stat. 250 Aug. 8, 1953, ch. 386,  2 67 Stat. 497  Section 302, R.S.  4233; Feb. 19, 1895, ch. 102,  1 28 Stat. 672 Mar. 3, 1905, ch. 1457,  10 33 Stat. 1032 May 21, 1948, ch. 328,  4 62 Stat. 250  Section 303, act Feb. 19, 1895, ch. 102,  3 28 Stat. 672 section 2072 of this title Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Dec. 24, 1981 section 7 of Pub. L. 96591 section 1604 of this title SUBCHAPTER II RULES CONCERNING LIGHTS  311 to 323. Repealed. Pub. L. 96591,  8(a) Dec. 24, 1980 94 Stat. 3435   Section 311, R.S.  4233; Feb. 19, 1895, ch. 102,  1 28 Stat. 672 May 21, 1948, ch. 328,  4 62 Stat. 250  Section 312, R.S.  4233; Feb. 19, 1895, ch. 102,  1 28 Stat. 672 May 21, 1948, ch. 328,  4 62 Stat. 250 Aug. 14, 1958 Pub. L. 85635,  3 72 Stat. 590  Section 313, R.S.  4233; Feb. 19, 1895, ch. 102,  1 28 Stat. 672 May 21, 1948, ch. 328,  4 62 Stat. 251  Section 314, R.S.  4233; Feb. 19, 1895, ch. 102,  1 28 Stat. 672 May 21, 1948, ch. 328,  4 62 Stat. 251  Section 315, R.S.  4233; Feb. 19, 1895, ch. 102,  1 28 Stat. 672 May 21, 1948, ch. 328,  4 62 Stat. 251  Section 316, R.S.  4233; Mar. 3, 1893, ch. 202 27 Stat. 557 Feb. 19, 1895, ch. 102,  1 28 Stat. 672 July 16, 1946 60 Stat. 1097 May 21, 1948, ch. 328,  4 62 Stat. 251  Section 317, R.S.  4233; Feb. 19, 1895, ch. 102,  1 28 Stat. 672 May 21, 1948, ch. 328,  4 62 Stat. 251  Section 318, R.S.  4233; Feb. 19, 1895, ch. 102,  1 28 Stat. 672 May 21, 1948, ch. 328,  4 62 Stat. 251  Section 319, R.S.  4233; Feb. 19, 1895, ch. 102,  1 28 Stat. 672 Apr. 22, 1940, ch. 128,  3 54 Stat. 151 May 21, 1948, ch. 328,  4 62 Stat. 252 Aug. 14, 1958 Pub. L. 85635,  4 72 Stat. 591  Section 320, R.S.  4233; Feb. 19, 1895, ch. 102,  1 28 Stat. 672 Mar. 3, 1897, ch. 389,  5 29 Stat. 689 May 21, 1948, ch. 328,  4 62 Stat. 252  Section 321, R.S.  4233; Feb. 19, 1895, ch. 102,  1 28 Stat. 672 May 21, 1948, ch. 328,  4 62 Stat. 252  Section 322, R.S.  4233; Feb. 19, 1895, ch. 102,  1 28 Stat. 672 May 21, 1948, ch. 328,  4 62 Stat. 252 Aug. 5, 1963 Pub. L. 8884,  3 77 Stat. 116 Oct. 15, 1966 Pub. L. 89670,  6(g)(1)(D) 80 Stat. 941  Section 323, R.S.  4233; Feb. 19, 1895, ch. 102,  1 28 Stat. 672 Mar. 3, 1897, ch. 389,  12 29 Stat. 690 May 21, 1948, ch. 328,  4 62 Stat. 253 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Dec. 24, 1981 section 7 of Pub. L. 96591 section 1604 of this title SUBCHAPTER III SOUND SIGNALS FOR FOG, ETC.  331. Repealed. Pub. L. 96591,  8(a) Dec. 24, 1980 94 Stat. 3435   Section, R.S.  4233; Feb. 19, 1895, ch. 102,  1 28 Stat. 672 Mar. 3, 1897, ch. 389,  12 29 Stat. 690 May 21, 1948, ch. 328,  4 62 Stat. 253 Aug. 5, 1963 Pub. L. 8884,  4 77 Stat. 117 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Dec. 24, 1981 section 7 of Pub. L. 96591 section 1604 of this title SUBCHAPTER IV STEERING AND SAILING RULES  341 to 351. Repealed. Pub. L. 96591,  8(a) Dec. 24, 1980 94 Stat. 3435   Section 341, R.S.  4233; Feb. 19, 1895, ch. 102,  1 28 Stat. 672 Mar. 3, 1897, ch. 389,  12 29 Stat. 690 May 21, 1948, ch. 328,  4 62 Stat. 253  Section 341a, R.S.  4233; May 21, 1948, ch. 328,  4 62 Stat. 254  Section 342, R.S.  4233; Feb. 19, 1895, ch. 102,  1 26 Stat. 672 Mar. 3, 1897, ch. 389,  12 29 Stat. 690 May 21, 1948, ch. 328,  4 62 Stat. 253  Section 343, R.S.  4233; Feb. 19, 1895, ch. 102,  1 28 Stat. 672 May 21, 1948, ch. 328,  4 62 Stat. 254  Section 344, R.S.  4233; Feb. 19, 1895, ch. 102,  1 28 Stat. 672 May 21, 1948, ch. 328,  4 62 Stat. 254  Section 345, R.S.  4233; Feb. 19, 1895, ch. 102,  1 28 Stat. 672 May 21, 1948, ch. 328,  4 62 Stat. 255 Nov. 5, 1966 Pub. L. 89764,  5 80 Stat. 1313  Section 346, R.S.  4233; Feb. 19, 1895, ch. 102,  1 28 Stat. 672 May 21, 1948, ch. 328,  4 62 Stat. 255  Section 347, R.S.  4233; Feb. 19, 1895, ch. 102,  1 28 Stat. 672 May 21, 1948, ch. 328,  4 62 Stat. 255  Section 348, R.S.  4233; Feb. 19, 1895, ch. 102 28 Stat. 672 May 21, 1948, ch. 328,  4 62 Stat. 255  Section 348a, R.S.  4233, Rule 23(A), as added Pub. L. 89764,  6 Nov. 5, 1966 80 Stat. 1313  Section 349, R.S.  4233; Feb. 19, 1895, ch. 102,  1 28 Stat. 672 May 21, 1948, ch. 328,  4 62 Stat. 255  Section 350, R.S.  4233; Feb. 19, 1895, ch. 102,  1 28 Stat. 672 Mar. 3, 1897, ch. 389,  13 62 Stat. 256  Section 351, R.S.  4233; Feb. 19, 1895, ch. 102,  1 28 Stat. 672 Mar. 3, 1897, ch. 389,  13 29 Stat. 690 May 21, 1948, ch. 328,  4 62 Stat. 256 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Dec. 24, 1981 section 7 of Pub. L. 96591 section 1604 of this title SUBCHAPTER V ORDERS  352. Repealed. Pub. L. 96591,  8(a) Dec. 24, 1980 94 Stat. 3435   Section, R.S.  4233; Feb. 19, 1895, ch. 102,  1 28 Stat. 672 Aug. 21, 1935, ch. 595,  4 49 Stat. 669 May 21, 1948, ch. 328,  4 62 Stat. 256 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Dec. 24, 1981 section 7 of Pub. L. 96591 section 1604 of this title SUBCHAPTER VI MISCELLANEOUS PROVISIONS  353 to 356. Repealed. Pub. L. 96591,  8(a) Dec. 24, 1980 94 Stat. 3435   Section 353, R.S.  4233A, as added May 21, 1948, ch. 328,  4 62 Stat. 256 Aug. 14, 1958 Pub. L. 85656,  2 72 Stat. 612  Section 354, R.S.  4233B, as added May 21, 1948, ch. 328,  4 62 Stat. 256 section 2072 of this title  Section 355, R.S.  4233C, as added May 21, 1948, ch. 328,  4 62 Stat. 257 section 2072 of this title  Section 356, acts May 21, 1948, ch. 328,  5 62 Stat. 257 Oct. 15, 1966 Pub. L. 89670,  6(b)(1) 80 Stat. 938 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Dec. 24, 1981 section 7 of Pub. L. 96591 section 1604 of this title CHAPTER 5A EXEMPTION OF NAVY OR COAST GUARD VESSELS FROM CERTAIN NAVIGATION RULES  360, 360a. Repealed. Pub. L. 96591,  8(a) Dec. 24, 1980 94 Stat. 3435   Section 360, acts Dec. 3, 1945, ch. 511,  1 59 Stat. 590 Oct. 15, 1966 Pub. L. 89670,  6(b)(1) 80 Stat. 938  Section 360a, acts Dec. 3, 1945, ch. 511,  2 59 Stat. 591 Oct. 15, 1966 Pub. L. 89670,  6(b)(1) 80 Stat. 938 section 360 of this title Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Dec. 24, 1981 section 7 of Pub. L. 96591 section 1604 of this title CHAPTER 6 GENERAL DUTIES OF SHIP OFFICERS AND OWNERS AFTER COLLISION OR OTHER ACCIDENT  361 to 368. Repealed. Pub. L. 9889,  4(b) Aug. 26, 1983 97 Stat. 599   Section 361, act June 20, 1874, ch. 344,  10 18 Stat. 128 July 16, 1946 60 Stat. 1097  Section 362, act June 20, 1874, ch. 344,  11 18 Stat. 128 July 16, 1946 60 Stat. 1097  Section 363, acts June 20, 1874, ch. 344,  12 18 Stat. 128 Feb. 14, 1903, ch. 552,  10 32 Stat. 829 Mar. 4, 1913, ch. 141,  1 37 Stat. 736 July 16, 1946 60 Stat. 1097  Section 364, acts June 20, 1874, ch. 344,  13 18 Stat. 128 Mar. 3, 1897, ch. 389,  11 29 Stat. 689 Feb. 14, 1903, ch. 552,  10 32 Stat. 829 Mar. 4, 1913, ch. 141,  1 37 Stat. 736 July 16, 1946 60 Stat. 1097 section 2107 of Title 46  Section 365, act Mar. 4, 1915, ch. 153,  15 38 Stat. 1184 July 16, 1946 60 Stat. 1097 section 6101 of Title 46  Section 366, act Mar. 4, 1915, ch. 153,  15 38 Stat. 1184 July 16, 1946 60 Stat. 1097 section 6307 of Title 46  Section 367, act Sept. 4, 1890, ch. 875,  1 26 Stat. 425  Section 368, act Sept. 4, 1890, ch. 875,  2 26 Stat. 425 section 367 of this title  Act Sept. 4, 1890, ch. 875,  3 26 Stat. 425 Dec. 15, 1890 Nov. 18, 1890 26 Stat. 1561 Pub. L. 9889,  4(b) 97 Stat. 599 CHAPTER 7 REGULATIONS FOR THE SUPPRESSION OF PIRACY    Sec.  381. Use of public vessels to suppress piracy.  382. Seizure of piratical vessels generally.  383. Resistance of pirates by merchant vessels.  384. Condemnation of piratical vessels.  385. Seizure and condemnation of vessels fitted out for piracy.  386. Commissioning private vessels for seizure of piratical vessels.  387. Duties of officers of customs and marshals as to seizure.  381. Use of public vessels to suppress piracy  The President is authorized to employ so many of the public armed vessels as in his judgment the service may require, with suitable instructions to the commanders thereof, in protecting the merchant vessels of the United States and their crews from piratical aggressions and depredations. (R.S.  4293.)  Editorial Notes Codification R.S.  4293 derived from acts Mar. 3, 1819, ch. 77,  1 3 Stat. 510 Jan. 30, 1823, ch. 7 3 Stat. 721  382. Seizure of piratical vessels generally  The President is authorized to instruct the commanders of the public armed vessels of the United States to subdue, seize, take, and send into any port of the United States, any armed vessel or boat, or any vessel or boat, the crew whereof shall be armed, and which shall have attempted or committed any piratical aggression, search, restraint, depredation, or seizure, upon any vessel of the United States, or of the citizens thereof, or upon any other vessel; and also to retake any vessel of the United States, or its citizens, which may have been unlawfully captured upon the high seas. (R.S.  4294.)  Editorial Notes Codification R.S.  4294 derived from acts Mar. 3, 1819, ch. 77,  2 3 Stat. 512 Jan. 30, 1823, ch. 7 3 Stat. 721  383. Resistance of pirates by merchant vessels  The commander and crew of any merchant vessel of the United States, owned wholly, or in part, by a citizen thereof, may oppose and defend against any aggression, search, restraint, depredation, or seizure, which shall be attempted upon such vessel, or upon any other vessel so owned, by the commander or crew of any armed vessel whatsoever, not being a public armed vessel of some nation in amity with the United States, and may subdue and capture the same; and may also retake any vessel so owned which may have been captured by the commander or crew of any such armed vessel, and send the same into any port of the United States. (R.S.  4295.)  Editorial Notes Codification R.S.  4295 derived from acts Mar. 3, 1819, ch. 77,  3 3 Stat. 513 Jan. 30, 1823, ch. 7 3 Stat. 721  384. Condemnation of piratical vessels  Whenever any vessel, which shall have been built, purchased, fitted out in whole or in part, or held for the purpose of being employed in the commission of any piratical aggression, search, restraint, depredation, or seizure, or in the commission of any other act of piracy as defined by the law of nations, or from which any piratical aggression, search, restraint, depredation, or seizure shall have been first attempted or made, is captured and brought into or captured in any port of the United States, the same shall be adjudged and condemned to their use, and that of the captors after due process and trial in any court having admiralty jurisdiction, and which shall be holden for the district into which such captured vessel shall be brought; and the same court shall thereupon order a sale and distribution thereof accordingly, and at its discretion. (R.S.  4296.)  Editorial Notes Codification R.S.  4296 derived from acts Mar. 3, 1819, ch. 77,  4 3 Stat. 513 Jan. 30, 1823, ch. 7 3 Stat. 721 Aug. 5, 1861, ch. 48,  1 12 Stat. 314  385. Seizure and condemnation of vessels fitted out for piracy  Any vessel built, purchased, fitted out in whole or in part, or held for the purpose of being employed in the commission of any piratical aggression, search, restraint, depredation, or seizure, or in the commission of any other act of piracy, as defined by the law of nations, shall be liable to be captured and brought into any port of the United States if found upon the high seas, or to be seized if found in any port or place within the United States, whether the same shall have actually sailed upon any piratical expedition or not, and whether any act of piracy shall have been committed or attempted upon or from such vessel or not; and any such vessel may be adjudged and condemned, if captured by a vessel authorized as mentioned in section 386 of this title (R.S.  4297.)  Editorial Notes  References in Text Surveyor, referred to in text, is probably an obsolete office in view of act July 5, 1932, ch. 430, title I,  1 47 Stat. 584 Mar. 3, 1913 Codification R.S.  4297 derived from act Aug. 5, 1861, ch. 48,  1 12 Stat. 314 Executive Documents  Transfer of Functions All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise in Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished with such offices to be terminated not later than December 31, 1966 May 25, 1965 79 Stat. 1317 July 31, 1950 64 Stat. 1280  386. Commissioning private vessels for seizure of piratical vessels  The President is authorized to instruct the commanders of the public-armed vessels of the United States, and to authorize the commanders of any other armed vessels sailing under the authority of any letters of marque and reprisal granted by Congress, or the commanders of any other suitable vessels, to subdue, seize, take, and, if on the high seas, to send into any port of the United States, any vessel or boat built, purchased, fitted out, or held as mentioned in section 385 of this title (R.S.  4298.)  Editorial Notes Codification R.S.  4298 derived from act Aug. 5, 1861, ch. 48,  2 12 Stat. 315  387. Duties of officers of customs and marshals as to seizure  The collectors of the several ports of entry, the surveyors of the several ports of delivery, and the marshals of the several judicial districts within the United States, shall seize any vessel or boat built, purchased, fitted out, or held as mentioned in section 385 of this title (R.S.  4299.)  Editorial Notes  References in Text Surveyors of the several ports of delivery, referred to in text, are probably obsolete offices in view of act July 5, 1932, ch. 430, title I,  1 47 Stat. 584 Mar. 3, 1913 Codification R.S.  4299 derived from act Aug. 5, 1861, ch. 48,  3 12 Stat. 315 Executive Documents  Transfer of Functions All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise in Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished, with such offices to be terminated not later than December 31, 1966 May 25, 1965 79 Stat. 1317 July 31, 1950 64 Stat. 1280 CHAPTER 8 SUMMARY TRIALS FOR CERTAIN OFFENSES AGAINST NAVIGATION LAWS    Sec.  391. Summary trials authorized.  392. Complaint and answer; jury trial.  393. Amendments of complaint and adjournments.  394. Challenge to jurors.  395. Limit of sentence.  396. Recovery of penalties and forfeitures generally.  391. Summary trials authorized  Whenever a complaint shall be made against any master, officer, or seaman of any vessel belonging, in whole or in part, to any citizen of the United States, of the commission of any offense, not capital or otherwise infamous, against any law of the United States made for the protection of persons or property engaged in commerce or navigation, it shall be the duty of the United States attorney to investigate the same, and the general nature thereof, and if, in his opinion, the case is such as should be summarily tried, he shall report the same to the district judge, and the judge shall forthwith, or as soon as the ordinary business of the court will permit, proceed to try the cause, and for that purpose may, if necessary, hold a special session of the court, either in term time or vacation. (R.S.  4300; June 25, 1948, ch. 646,  1 62 Stat. 909  Editorial Notes Codification R.S.  4300 derived from act June 11, 1864, ch. 121,  2 13 Stat. 124 Statutory Notes and Related Subsidiaries  Change of Name Act June 25, 1948 Sept. 1, 1948 section 541 of Title 28  392. Complaint and answer; jury trial  At the summary trial of offenses against the laws for the protection of persons or property engaged in commerce or navigation, it shall not be necessary that the accused shall have been previously indicted, but a statement of complaint, verified by oath in writing, shall be presented to the court, setting out the offense in such manner as clearly to apprise the accused of the character of the offense complained of, and to enable him to answer the complaint. The complaint or statement shall be read to the accused, who may plead to or answer the same, or make a counterstatement. The trial shall thereupon be proceeded with in a summary manner, and the case shall be decided by the court, unless, at the time for pleading or answering, the accused shall demand a jury, in which case the trial shall be upon the complaint and plea of not guilty. (R.S.  4301.)  Editorial Notes Codification R.S.  4301 derived from act June 11, 1864, ch. 121 13 Stat. 125  393. Amendments of complaint and adjournments  It shall be lawful for the court to allow the United States attorney to amend his statement of complaint at any stage of the proceedings, before verdict, if, in the opinion of the court, such amendment will work no injustice to the accused; and if it appears to the court that the accused is unprepared to meet the charge as amended, and that an adjournment of the cause will promote the ends of justice, such adjournment shall be made, until a further day, to be fixed by the court. (R.S.  4302; June 25, 1948, ch. 646,  1 62 Stat. 909  Editorial Notes Codification R.S.  4302 derived from act June 11, 1864, ch. 121,  6 13 Stat. 125 Statutory Notes and Related Subsidiaries  Change of Name Act June 25, 1948 Sept. 1, 1948 section 541 of Title 28  394. Challenge to jurors  At the trial in summary cases, if by jury, the United States and the accused shall each be entitled to three peremptory challenges. Challenges for cause, in such cases, shall be tried by the court without the aid of triers. (R.S.  4303.)  Editorial Notes Codification R.S.  4303 derived from act June 11, 1864, ch. 121,  7 13 Stat. 125  395. Limit of sentence  It shall not be lawful for the court to sentence any person convicted in such trial to any greater punishment than imprisonment in jail for one year, or to a fine exceeding $500, or both, in its discretion, in those cases where the laws of the United States authorize such imprisonment and fine. (R.S.  4304.)  Editorial Notes Codification R.S.  4304 derived from act June 11, 1864, ch. 121,  5 13 Stat. 125  396. Recovery of penalties and forfeitures generally  All the penalties and forfeitures which may be incurred for offenses against title 48 of the Revised Statutes may be sued for, prosecuted, and recovered in such court, and be disposed of in such manner, as any penalties and forfeitures which may be incurred for offenses against the laws relating to the collection of duties, except when otherwise expressly prescribed. (R.S.  4305.)  Editorial Notes  References in Text Title 48 of the Revised Statutes, referred to in text, was in the original this Title, meaning title 48 of the Revised Statutes, consisting of R.S.  4131 to 4305. For complete classification of R.S.  4131 to 4305 to the Code, see Tables. Codification R.S.  4305 derived from act Dec. 31, 1792, ch. 1,  29 1 Stat. 298 CHAPTER 9 PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY    SUBCHAPTER IIN GENERAL  Sec.  400. Continuing authority programs.  401. Construction of bridges, causeways, dams or dikes generally; exemptions.  402. Construction of bridges, etc., over Illinois and Mississippi Canal.  403. Obstruction of navigable waters generally; wharves; piers, etc.; excavations and filling in.  403a. Creation or continuance of obstruction of navigable waters.  403b. Lighting at docks and boat launching facilities.  404. Establishment of harbor lines; conditions to grants for extension of piers, etc.  405. Establishment and modification of harbor lines on Potomac and Anacostia Rivers.  406. Penalty for wrongful construction of bridges, piers, etc.; removal of structures.  407. Deposit of refuse in navigable waters generally.  407a. Deposit of debris of mines and stamp works.  408. Taking possession of, use of, or injury to harbor or river improvements.  408a. Expediting approval of modifications and alterations of projects by non-Federal interests.  409. Obstruction of navigable waters by vessels; floating timber; marking and removal of sunken vessels.  410. Exception as to floating loose timber, sack rafts, etc.; violation of regulations; penalty.  411. Penalty for wrongful deposit of refuse; use of or injury to harbor improvements, and obstruction of navigable waters generally.  412. Liability of masters, pilots, etc., and of vessels engaged in violations.  413. Duty of United States attorneys and other Federal officers in enforcement of provisions; arrest of offenders.  414. Removal by Secretary of the Army of sunken water craft generally; liability of owner, lessee, or operator.  415. Summary removal of water craft obstructing navigation; liability of owner, lessee, or operator.  416. Appropriations for removal of sunken water craft.  417. Expenses of investigations by Department of the Army.  418. Provisions for protection of New York Harbor unaffected.  419. Regulation by Secretary governing transportation and dumping of dredgings, refuse, etc., into navigable waters; oyster lands; appropriations.  419a. Management practices to extend capacity and useful life of dredged material disposal areas.  420. Piers and cribs on Mississippi and St. Croix Rivers.  421. Deposit of refuse, etc., in Lake Michigan near Chicago.  422. Modification and extension of harbor lines at Chicago.  423. Establishment of pierhead and bulkhead lines in Wilmington Harbor, California.  424. Establishment of pierhead or bulkhead lines in Newport Harbor, California.  424a. Modification of harbor lines in Newport Harbor, California.  425. Omitted.  426. Investigations concerning erosion of shores of coastal and lake waters.  4261. Coastal Engineering Research Center; establishment; powers and functions.  4262. Board on Coastal Engineering Research.  4263. Transfer of functions of Beach Erosion Board.  426a. Additional investigations concerning erosion of shores of coastal and lake waters; payment of costs; shores defined.  426b. Applicability of existing laws; projects referred to Board of Engineers for Rivers and Harbors.  426c. Report by Coastal Engineering Research Center.  426d. Payment of expenses.  426e. Federal aid in protection of shores.  426e1. Shore protection projects.  426e2. Clarification of munition disposal authorities.  426e3. Coastal storm damage reduction contracts.  426f. Reimbursements.  426g. Storm and hurricane restoration and impact minimization program.  426g1. State and regional plans.  426h. Repealed.  426h1. Definitions.  426i. Shore damage prevention or mitigation.  426i1. Repealed.  426i2. National coastal data bank.  426j. Repealed.  426k. Five year demonstration program to temporarily increase diversion of water from Lake Michigan at Chicago, Illinois.  426l. Protection of Lake Ontario.  426m. Collection and removal of drift and debris from publicly maintained commercial boat harbors and adjacent land and water areas.  426n. Technical assistance to States and local governments; cost sharing.  426o. Great Lakes material disposal.  426o Great Lakes dredging levels adjustment.  426o Great Lakes navigation and protection.  426p. Corps of Engineers.  427 430. Repealed.  SUBCHAPTER IIOIL POLLUTION OF COASTAL WATERS  431 437. Repealed.  SUBCHAPTER IIINEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND HARBOR OF BALTIMORE  441. Deposit of refuse prohibited; penalty.  442. Liability of officers of towing vessel.  443. Permit for dumping; penalty for taking or towing boat or scow without permit.  444. Dumping at other place than designated dumping grounds; penalty; person liable; excuses for deviation.  445. Equipment and marking of boats or scows.  446. Inspectors; appointment, powers, and duties.  447. Bribery of inspector; penalty.  448. Return of permit; penalty for failure to return.  449. Disposition of dredged matter; persons liable; penalty.  450. Liability of vessel.  451. Supervisor of harbor; appointment and duties.  451a. Harbors subject to this subchapter.  451b. Waters included within subchapter.  452. Taking shellfish or otherwise interfering with navigation in New York Harbor channels; penalty; arrest and procedure.  453. Regulations for navigation of Ambrose Channel; exclusion of tows and sailing vessels.  454. Consent of Congress to obstruction of waters by New York City.  SUBCHAPTER IVPOTOMAC RIVER AND TRIBUTARIES IN DISTRICT OF COLUMBIA  461 464. Repealed.  SUBCHAPTER VNAVIGABLE WATERS OF MARYLAND  465. Authority to dredge; riparian rights of United States.  SUBCHAPTER VIWATER POLLUTION CONTROL  466 466g. Transferred.  466g1. Controversies involving construction or application of interstate compacts and pollution of waters.  466h 466n. Transferred or Repealed.  SUBCHAPTER VIIDAM INSPECTION PROGRAM  467. Definitions.  467a. Inspection of dams.  467b. Investigation reports to Governors.  467c. Determination of danger to human life and property.  467d. National dam inventory.  467e. Interagency Committee on Dam Safety.  467f. National dam safety program.  467f1. Lock and dam security.  467f2. Rehabilitation of high hazard potential dams.  467g. Research.  467g1. Dam safety training.  467g2. Public awareness and outreach for dam safety.  467h. Reports.  467i. Statutory construction.  467j. Authorization of appropriations.  467k 467m. Repealed.  467n. Recovery of dam modification costs required for safety purposes.  467o. National low-head dam inventory. SUBCHAPTER I IN GENERAL  400. Continuing authority programs (1) Definition of continuing authority program project In this section, the term continuing authority program means 1 of the following authorities: (A)  Section 701s of this title (B)  Section 426i of this title (C)  Section 2330 of this title (D)  Section 2309a of this title (E)  Section 577 of this title (F)  Section 426g of this title (G)  Section 701r of this title (H) Section 103 of the River and Harbor Act of 1962 ( Public Law 87874 76 Stat. 1178 (I)  Section 2326(e) of this title (J)  Section 701b8a of this title (K)  Section 610(a) of this title (2) Prioritization Not later than 1 year after June 10, 2014 (3) Annual report Not later than 1 year after June 10, 2014 (A) the name and a short description of each active continuing authority program project; (B) the cost estimate to complete each active project; and (C) the funding available in that fiscal year for each continuing authority program. (4) Congressional notification On publication in the Federal Register under paragraphs (2) and (3), 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 copy of all information published under those paragraphs. ( Pub. L. 113121, title I,  1030(a) June 10, 2014 128 Stat. 1231  Editorial Notes  References in Text Section 103 of the River and Harbor Act of 1962, referred to in par. (1)(H), is section 103 of Pub. L. 87874 Oct. 23, 1962 76 Stat. 1178 Pub. L. 87874 section 426e of this title Section 103(a)(4) of Pub. L. 87874 Section 103(b) of Pub. L. 87874 section 426 of this title Section 103(c) of Pub. L. 87874 Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121 section 2201 of this title  401. Construction of bridges, causeways, dams or dikes generally; exemptions  It shall not be lawful to construct or commence the construction of any bridge, causeway, dam, or dike over or in any port, roadstead, haven, harbor, canal, navigable river, or other navigable water of the United States until the consent of Congress to the building of such structures shall have been obtained and until the plans for (1) the bridge or causeway shall have been submitted to and approved by the Secretary of the department in which the Coast Guard is operating, or (2) the dam or dike shall have been submitted to and approved by the Chief of Engineers and Secretary of the Army. However, such structures may be built under authority of the legislature of a State across rivers and other waterways the navigable portions of which lie wholly within the limits of a single State, provided the location and plans thereof are submitted to and approved by the Secretary of the department in which the Coast Guard is operating or by the Chief of Engineers and Secretary of the Army before construction is commenced. When plans for any bridge or other structure have been approved by the Secretary of the department in which the Coast Guard is operating or by the Chief of Engineers and Secretary of the Army, it shall not be lawful to deviate from such plans either before or after completion of the structure unless modification of said plans has previously been submitted to and received the approval of the Secretary of the department in which the Coast Guard is operating or the Chief of Engineers and the Secretary of the Army. The approval required by this section of the location and plans or any modification of plans of any bridge or causeway does not apply to any bridge or causeway over waters that are not subject to the ebb and flow of the tide and that are not used and are not susceptible to use in their natural condition or by reasonable improvement as a means to transport interstate or foreign commerce. ( Mar. 3, 1899, ch. 425,  9 30 Stat. 1151 Pub. L. 97322, title I,  107(b) Oct. 15, 1982 96 Stat. 1582 Pub. L. 97449,  2(f) Jan. 12, 1983 96 Stat. 2440 Pub. L. 114120, title III,  306(b)(1)(A) Feb. 8, 2016 130 Stat. 55  Editorial Notes Codification Section is from act Mar. 3, 1899 section 403 of this title act Sept. 19, 1890, ch. 907,  7 26 Stat. 454 act July 13, 1892, ch. 158,  3 27 Stat. 88 Amendments 2016 Pub. L. 114120 1983 Pub. L. 97449 1982 Pub. L. 97322 Statutory Notes and Related Subsidiaries  Transfer of Functions Functions, powers, and duties of Secretary of the Army [formerly War] and other offices and officers of Department of the Army [formerly War] under this section to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by Pub. L. 89670,  6(g)(6)(A) Oct. 15, 1966 80 Stat. 941 Pub. L. 97449 section 6(g)(6)(A) of Pub. L. 89670 Executive Documents  Transfer of Functions Enforcement functions of Secretary or other official in Department of Transportation related to compliance with permits for bridges across navigable waters issued under this section with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas were transferred to the Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, until the first anniversary of date of initial operation of the Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979,  102(c), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373 July 1, 1979 section 3012(b) of Pub. L. 102486 section 719e of Title 15 section 720d(f) of Title 15  402. Construction of bridges, etc., over Illinois and Mississippi Canal  The provisions of section 401 of this title ( June 13, 1902, ch. 1079,  10 32 Stat. 374 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Codification Section is from part of act June 13, 1902 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  Transfer of Functions Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title Pub. L. 89670,  6(g)(6)(A) Oct. 15, 1966 80 Stat. 941 Pub. L. 97449 section 401 of this title section 6(g)(6)(A) of Pub. L. 89670  403. Obstruction of navigable waters generally; wharves; piers, etc.; excavations and filling in  The creation of any obstruction not affirmatively authorized by Congress, to the navigable capacity of any of the waters of the United States is prohibited; and it shall not be lawful to build or commence the building of any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, or other structures in any port, roadstead, haven, harbor, canal, navigable river, or other water of the United States, outside established harbor lines, or where no harbor lines have been established, except on plans recommended by the Chief of Engineers and authorized by the Secretary of the Army; and it shall not be lawful to excavate or fill, or in any manner to alter or modify the course, location, condition, or capacity of, any port, roadstead, haven, harbor, canal, lake, harbor of refuge, or inclosure within the limits of any breakwater, or of the channel of any navigable water of the United States, unless the work has been recommended by the Chief of Engineers and authorized by the Secretary of the Army prior to beginning the same. ( Mar. 3, 1899, ch. 425,  10 30 Stat. 1151 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Codification Section is from act Mar. 3, 1899 section 401 of this title act Sept. 19, 1890, ch. 907,  7 26 Stat. 454 act July 13, 1892, ch. 158,  3 27 Stat. 88 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  Transfer of Functions Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title Pub. L. 89670 Oct. 15, 1966 80 Stat. 941 Pub. L. 97449 section 401 of this title section 6(g)(6)(A) of Pub. L. 89670 Expediting Repairs and Recovery From Flooding Pub. L. 116260, div. AA, title I,  122 Dec. 27, 2020 134 Stat. 2635  (a)  In General To the maximum extent practicable, during the 5-year period beginning on the date of enactment of this Act [ Dec. 27, 2020 section 10 of the Act of March 3, 1899 33 U.S.C. 403 33 U.S.C. 1344 section 14 of the Act of March 3, 1899 33 U.S.C. 408 (b)  Savings Provision Nothing in this section affects any obligation to comply with the requirements of any Federal law, including (1) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (2) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 (3) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 Executive Documents  Transfer of Functions Enforcement functions of Secretary of the Army, Chief of Engineers, or other official in Corps of Engineers of the United States Army related to compliance with permits for structures in navigable waters issued under this section with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas were transferred to the Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, until the first anniversary of date of initial operation of the Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979,  102(b), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373 July 1, 1979 section 3012(b) of Pub. L. 102486 section 719e of Title 15 section 720d(f) of Title 15  403a. Creation or continuance of obstruction of navigable waters  The creation of any obstruction, not affirmatively authorized by law, to the navigable capacity of any waters, in respect of which the United States has jurisdiction, is hereby prohibited. The continuance of any such obstruction, except bridges, piers, docks, and wharves, and similar structures erected for business purposes, whether heretofore or hereafter created, shall constitute an offense and each weeks continuance of any such obstruction shall be deemed a separate offense. Every person and every corporation which shall be guilty of creating or continuing any such unlawful obstruction in this act mentioned, or who shall violate the provisions of the last four preceding sections of this act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding five thousand dollars, or by imprisonment (in the case of a natural person) not exceeding one year, or by both such punishments, in the discretion of the court, the creating or continuing of any unlawful obstruction in this act mentioned may be prevented and such obstruction may be caused to be removed by the injunction of any district court exercising jurisdiction in any district in which such obstruction may be threatened or may exist; and proper proceedings in equity to this end may be instituted under the direction of the Attorney-General of the United States. ( Sept. 19, 1890, ch. 907,  10 26 Stat. 454 Mar. 3, 1911, ch. 231,  291 36 Stat. 1167  Editorial Notes  References in Text This act, referred to in text, is act Sept. 19, 1890, ch. 907 26 Stat. 426 Codification Text of section, which was previously omitted from the Code, was restored in view of conflicting court decisions as to whether or not section had been repealed or superseded. See eg. United States v. Wishkah Boom Co., 136 F. 42 (9th Cir. 1905), (appeal dismissed [1906] 202 U.S. 613); United States v. Wilson, 235 F.2d 251 (2d Cir. 1956).  403b. Lighting at docks and boat launching facilities  Whenever the Secretary considers a permit application for a dock or a boat launching facility under section 403 of this title ( Pub. L. 99662, title IX,  946 Nov. 17, 1986 100 Stat. 4200  Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2201 of this title  404. Establishment of harbor lines; conditions to grants for extension of piers, etc.  Where it is made manifest to the Secretary of the Army that the establishment of harbor lines is essential to the preservation and protection of harbors he may, and is, authorized to cause such lines to be established, beyond which no piers, wharves, bulkheads, or other works shall be extended or deposits made, except under such regulations as may be prescribed from time to time by him: Provided ( Mar. 3, 1899, ch. 425,  11 30 Stat. 1151 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Codification Section is from act Mar. 3, 1899 Prior Provisions This section and section 406 of this title act Aug. 11, 1888, ch. 860,  12 25 Stat. 425 act Sept. 19, 1890, ch. 907,  12 26 Stat. 455 Section also superseded act Aug. 18, 1894, ch. 299,  9 28 Stat. 364 Act Aug. 5, 1886, ch. 929,  2 24 Stat. 329 In places where harbor-lines have not been established, and where deposits of debris of mines or stamp works can be made without injury to navigation, within lines to be established by the Secretary of War, said officer may, and is hereby authorized to, cause such lines to be established; and within such lines such deposits may be made, under regulations to be from time to time prescribed by him. 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  Transfer of Functions Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title Pub. L. 89670,  6(g)(6)(A) Oct. 15, 1966 80 Stat. 941 Pub. L. 97449 section 401 of this title section 6(g)(6)(A) of Pub. L. 89670  405. Establishment and modification of harbor lines on Potomac and Anacostia Rivers  The provisions of section 404 of this title July 25, 1912 ( July 25, 1912, ch. 253,  1 37 Stat. 206  Editorial Notes Codification Section is from part of section 1 of act July 25, 1912  406. Penalty for wrongful construction of bridges, piers, etc.; removal of structures  Every person and every corporation that shall violate any of the provisions of sections 401, 403, and 404 of this title or any rule or regulation made by the Secretary of the Army in pursuance of the provisions of section 404 of this title ( Mar. 3, 1899, ch. 425,  12 30 Stat. 1151 Feb. 20, 1900, ch. 23,  2 31 Stat. 32 Mar. 3, 1911, ch. 231,  291 36 Stat. 1167 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Codification Section is from act Mar. 3, 1899 Amendments 1911Act Mar. 3, 1911 1900Act Feb. 20, 1900 section 404 of this title 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  Transfer of Functions Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title Pub. L. 89670,  6(g)(6)(A) Oct. 15, 1966 80 Stat. 941 Pub. L. 97449 section 401 of this title section 6(g)(6)(A) of Pub. L. 89670  407. Deposit of refuse in navigable waters generally  It shall not be lawful to throw, discharge, or deposit, or cause, suffer, or procure to be thrown, discharged, or deposited either from or out of any ship, barge, or other floating craft of any kind, or from the shore, wharf, manufacturing establishment, or mill of any kind, any refuse matter of any kind or description whatever other than that flowing from streets and sewers and passing therefrom in a liquid state, into any navigable water of the United States, or into any tributary of any navigable water from which the same shall float or be washed into such navigable water; and it shall not be lawful to deposit, or cause, suffer, or procure to be deposited material of any kind in any place on the bank of any navigable water, or on the bank of any tributary of any navigable water, where the same shall be liable to be washed into such navigable water, either by ordinary or high tides, or by storms or floods, or otherwise, whereby navigation shall or may be impeded or obstructed: Provided And provided further ( Mar. 3, 1899, ch. 425,  13 30 Stat. 1152 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Codification Section is from act Mar. 3, 1899 Prior Provisions This section and sections 408, 411, and 412 of this title, superseded act Aug. 18, 1894, ch. 299 28 Stat. 363 Section also superseded act Sept. 19, 1890, ch. 907,  6 26 Stat. 453 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Short Title This section is popularly known as the Refuse Act of 1899.  Transfer of Functions Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title Pub. L. 89670,  6(g)(6)(A) Oct. 15, 1966 80 Stat. 941 Pub. L. 97449 section 401 of this title section 6(g)(6)(A) of Pub. L. 89670 Termination of Discharge Permit Program No permits for discharges into navigable waters to be issued under this section after Oct. 18, 1972 section 1342 of this title Oct. 18, 1972 section 1342 of this title Executive Documents  Executive Order No. 11574 Ex. Ord. No. 11574, Dec. 23, 1970 Feb. 25, 1986  407a. Deposit of debris of mines and stamp works  In places where harbor-lines have not been established, and where deposits of debris of mines or stamp works can be made without injury to navigation, within lines to be established by the Secretary of the Army, said officer may, and is authorized to, cause such lines to be established; and within such lines such deposits may be made, under regulations to be from time to time prescribed by him. ( Aug. 5, 1886, ch. 929,  2 24 Stat. 329 July 26, 1947, ch. 343 61 Stat. 501  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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  Transfer of Functions Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title Pub. L. 89670,  6(g)(6)(A) Oct. 15, 1966 80 Stat. 941 Pub. L. 97449 section 401 of this title section 6(g)(6)(A) of Pub. L. 89670  408. Taking possession of, use of, or injury to harbor or river improvements (a) Prohibitions and permissions It shall not be lawful for any person or persons to take possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure, obstruct by fastening vessels thereto or otherwise, or in any manner whatever impair the usefulness of any sea wall, bulkhead, jetty, dike, levee, wharf, pier, or other work built by the United States, or any piece of plant, floating or otherwise, used in the construction of such work under the control of the United States, in whole or in part, for the preservation and improvement of any of its navigable waters or to prevent floods, or as boundary marks, tide gauges, surveying stations, buoys, or other established marks, nor remove for ballast or other purposes any stone or other material composing such works: Provided Provided further (b) Concurrent review (1) NEPA review (A) In general In any case in which an activity subject to this section requires a review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (B) Corps of Engineers as a cooperating agency If the Corps of Engineers is not the lead Federal agency for an environmental review described in subparagraph (A), the Corps of Engineers shall, to the maximum extent practicable and consistent with Federal laws (i) participate in the review as a cooperating agency (unless the Corps of Engineers does not intend to submit comments on the project); and (ii) adopt and use any environmental document prepared under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (I) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (II) parts 1500 through 1508 of title 40, Code of Federal Regulations (or successor regulations). (2) Reviews by Secretary In any case in which the Secretary must approve an action under this section and under another authority, including sections 401 and 403 of this title, section 1344 of this title section 1413 of this title (A) coordinate applicable reviews and, to the maximum extent practicable, carry out the reviews concurrently; and (B) adopt and use any document prepared by the Corps of Engineers for the purpose of complying with the same law and that addresses the same types of impacts in the same geographic area if such document, as determined by the Secretary, is current and applicable. (3) Contributed funds The Secretary may accept and expend funds received from non-Federal public or private entities to evaluate under this section an alteration or permanent occupation or use of a work built by the United States. (c) Timely review (1) Complete application On or before the date that is 30 days after the date on which the Secretary receives an application for permission to take action affecting public projects pursuant to subsection (a), the Secretary shall inform the applicant whether the application is complete and, if it is not, what items are needed for the application to be complete. (2) Decision On or before the date that is 90 days after the date on which the Secretary receives a complete application for permission under subsection (a), the Secretary shall (A) make a decision on the application; or (B) provide a schedule to the applicant identifying when the Secretary will make a decision on the application. (3) Notification to Congress In any case in which a schedule provided under paragraph (2)(B) extends beyond 120 days from the date of receipt of a complete application, the Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an explanation justifying the extended timeframe for review. (d) Work Defined For the purposes of this section, the term work shall not include unimproved real estate owned or operated by the Secretary as part of a water resources development project if the Secretary determines that modification of such real estate would not affect the function and usefulness of the project. ( Mar. 3, 1899, ch. 425,  14 30 Stat. 1152 July 26, 1947, ch. 343 61 Stat. 501 Pub. L. 9988, title I,  100 Aug. 15, 1985 99 Stat. 315 Pub. L. 114322, title I,  1156(a) Dec. 16, 2016 130 Stat. 1664 Pub. L. 115270, title I,  1165 Oct. 23, 2018 132 Stat. 3797  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsec. (b)(1), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 Codification Section is from act Mar. 3, 1899 Prior Provisions Section superseded act Sept. 19, 1890, ch. 907,  9 26 Stat. 426 Act Aug. 14, 1876, ch. 267,  3 19 Stat. 139 Amendments 2018Subsec. (d). Pub. L. 115270 2016 Pub. L. 114322 1985 Pub. L. 9988 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  Transfer of Functions Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title Pub. L. 89670,  6(g)(6)(A) Oct. 15, 1966 80 Stat. 941 Pub. L. 97449 section 401 of this title section 6(g)(6)(A) of Pub. L. 89670  408a. Expediting approval of modifications and alterations of projects by non-Federal interests (a) Section 14 application defined In this section, the term section 14 application means an application submitted by an applicant to the Secretary requesting permission for the temporary occupation or use of a public work, or the alteration or permanent occupation or use of a public work, under section 14 of the Act of March 3, 1899 33 U.S.C. 408 (b) Review Not later than 1 year after June 10, 2014 (c) Benchmark goals (1) Establishment of benchmark goals In carrying out subsection (b), the Secretary shall (A) establish benchmark goals for determining the amount of time it should take the Secretary to determine whether a section 14 application is complete; (B) establish benchmark goals for determining the amount of time it should take the Secretary to approve or disapprove a section 14 application; and (C) to the extent practicable, use such benchmark goals to make a decision on section 14 applications in a timely and consistent manner. (2) Benchmark goals (A) Benchmark goals for determining whether section 14 applications are complete To the extent practicable, the benchmark goals established under paragraph (1) shall provide that (i) the Secretary reach a decision on whether a section 14 application is complete not later than 15 days after the date of receipt of the application; and (ii) if the Secretary determines that a section 14 application is not complete, the Secretary promptly notify the applicant of the specific information that is missing or the analysis that is needed to complete the application. (B) Benchmark goals for reviewing completed applications To the extent practicable, the benchmark goals established under paragraph (1) shall provide that (i) the Secretary generally approve or disapprove a completed section 14 application not later than 45 days after the date of receipt of the completed application; and (ii) in a case in which the Secretary determines that additional time is needed to review a completed section 14 application due to the type, size, cost, complexity, or impacts of the actions proposed in the application, the Secretary generally approve or disapprove the application not later than 180 days after the date of receipt of the completed application. (3) Notice In any case in which the Secretary determines that it will take the Secretary more than 45 days to review a completed section 14 application, the Secretary shall (A) provide written notification to the applicant; and (B) include in the written notice a best estimate of the Secretary as to the amount of time required for completion of the review. (d) Failure to achieve benchmark goals In any case in which the Secretary fails make 1 1 (1) why the Secretary failed to make a decision in accordance with such process; (2) the additional actions required before the Secretary will issue a decision; and (3) the amount of time the Secretary will require to issue a decision. (e) Notification (1) Submission to Congress The Secretary shall provide a copy of any written notice provided under subsection (d) to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (2) Public availability The Secretary shall maintain a publicly available database, including on the Internet, on (A) all section 14 applications received by the Secretary; and (B) the current status of such applications. (f) Guidance (1) In general Not later than 120 days after December 16, 2016 (2) Incorporation In issuing guidance under paragraph (1), or any other regulation, guidance, or engineering circular related to activities covered under section 408 of this title (g) Prioritization The Secretary shall prioritize and complete the activities required of the Secretary under this section. ( Pub. L. 113121, title I,  1007 June 10, 2014 128 Stat. 1214 Pub. L. 114322, title I,  1156(b) Dec. 16, 2016 130 Stat. 1665  Editorial Notes Amendments 2016Subsecs. (f), (g). Pub. L. 114322 Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121 section 2201 of this title  409. Obstruction of navigable waters by vessels; floating timber; marking and removal of sunken vessels  It shall not be lawful to tie up or anchor vessels or other craft in navigable channels in such a manner as to prevent or obstruct the passage of other vessels or craft; or to sink, or permit or cause to be sunk, vessels or other craft in navigable channels; or to float loose timber and logs, or to float what is known as sack rafts of timber and logs in streams or channels actually navigated by steamboats in such manner as to obstruct, impede, or endanger navigation. And whenever a vessel, raft or other craft is wrecked and sunk in a navigable channel, it shall be the duty of the owner, lessee, or operator of such sunken craft to immediately mark it with a buoy or beacon during the day and, unless otherwise granted a waiver by the Commandant of the Coast Guard, a light at night, and to maintain such marks until the sunken craft is removed or abandoned, and the neglect or failure of the said owner, lessee, or operator so to do shall be unlawful; and it shall be the duty of the owner, lessee, or operator of such sunken craft to commence the immediate removal of the same, and prosecute such removal diligently, and failure to do so shall be considered as an abandonment of such craft, and subject the same to removal by the United States as provided for in sections 411 to 416, 418, and 502 of this title. The Commandant of the Coast Guard may waive the requirement to mark a wrecked vessel, raft, or other craft with a light at night if the Commandant determines that placing a light would be impractical and granting such a waiver would not create an undue hazard to navigation. ( Mar. 3, 1899, ch. 425,  15 30 Stat. 1152 Pub. L. 99662, title IX,  939(a) Nov. 17, 1986 100 Stat. 4199 Pub. L. 108293, title III,  301 Aug. 9, 2004 118 Stat. 1041  Editorial Notes Codification Section is from act Mar. 3, 1899 Amendments 2004 Pub. L. 108293 1986 Pub. L. 99662  410. Exception as to floating loose timber, sack rafts, etc.; violation of regulations; penalty  The prohibition contained in section 409 of this title The Secretary of the Army shall have power, and he is authorized and directed to prescribe rules and regulations, which he may at any time modify, to govern and regulate the floating of loose timber and logs, and sack rafts, (so called) of timber and logs and other methods of navigation on the streams and waterways, or any thereof, of the character, as to navigation, heretofore in this section described. The said rules and regulations shall be so framed as to equitably adjust conflicting interests between the different methods or forms of navigation; and the said rules and regulations shall be published at least once in such newspaper or newspapers of general circulation as in the opinion of the Secretary of the Army shall be best adapted to give notice of said rules and regulations to persons affected thereby and locally interested therein. And all modifications of said rules and regulations shall be similarly published. And such rules and regulations when so prescribed and published as to any such stream or waterway shall have the force of law, and any violation thereof shall be a misdemeanor, and every person convicted of such violation shall be punished by a fine of not exceeding $2,500 nor less than $500, or by imprisonment (in case of a natural person) for not less than thirty days nor more than one year, or by both such fine and imprisonment, in the discretion of the court: Provided The right to alter, amend, or repeal this section at any time is reserved. ( May 9, 1900, ch. 387 31 Stat. 172 July 26, 1947, ch. 343 61 Stat. 501 Pub. L. 90578, title IV,  402(b)(2) Oct. 17, 1968 82 Stat. 1118 Pub. L. 101650, title III,  321 Dec. 1, 1990 104 Stat. 5117  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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Magistrate judge substituted in text for magistrate pursuant to section 321 of Pub. L. 101650 section 631 of Title 28 Pub. L. 90578  Transfer of Functions Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title Pub. L. 89670,  6(g)(6)(A) Oct. 15, 1966 80 Stat. 941 Pub. L. 97449 section 401 of this title section 6(g)(6)(A) of Pub. L. 89670  411. Penalty for wrongful deposit of refuse; use of or injury to harbor improvements, and obstruction of navigable waters generally  Every person and every corporation that shall violate, or that shall knowingly aid, abet, authorize, or instigate a violation of the provisions of sections 407, 408, 409, 414, and 415 of this title shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of up to $25,000 per day, or by imprisonment (in the case of a natural person) for not less than thirty days nor more than one year, or by both such fine and imprisonment, in the discretion of the court, one-half of said fine to be paid to the person or persons giving information which shall lead to conviction. ( Mar. 3, 1899, ch. 425,  16 30 Stat. 1153 Pub. L. 104303, title II,  218(a) Oct. 12, 1996 110 Stat. 3696  Editorial Notes Codification Section is from part of section 16 of act Mar. 3, 1899 section 412 of this title Amendments 1996 Pub. L. 104303  412. Liability of masters, pilots, etc., and of vessels engaged in violations  Any and every master, pilot, and engineer, or person or persons acting in such capacity, respectively, on board of any boat or vessel who shall knowingly engage in towing any scow, boat, or vessel loaded with any material specified in section 407 of this title section 408 of this title section 409 of this title section 411 of this title section 411 of this title ( Mar. 3, 1899, ch. 425,  16 30 Stat. 1153 July 26, 1947, ch. 343 61 Stat. 501 Pub. L. 104303, title II,  218(a)(1) Oct. 12, 1996 110 Stat. 3696  Editorial Notes  References in Text This Act, referred to in text, is act Mar. 3, 1899, ch. 425 30 Stat. 1148 section 686 of this title Codification Section is from part of section 16 of act Mar. 3, 1899 section 411 of this title Amendments 1996 Pub. L. 104303 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  Transfer of Functions Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title Pub. L. 89670,  6(g)(6)(A) Oct. 15, 1966 80 Stat. 941 Pub. L. 97449 section 401 of this title section 6(g)(6)(A) of Pub. L. 89670  413. Duty of United States attorneys and other Federal officers in enforcement of provisions; arrest of offenders  The Department of Justice shall conduct the legal proceedings necessary to enforce the provisions of sections 401, 403, 404, 406, 407, 408, 409, 411, and 412 of this title; and it shall be the duty of United States attorneys to vigorously prosecute all offenders against the same whenever requested to do so by the Secretary of the Army or by any of the officials hereinafter designated, and it shall furthermore be the duty of said United States attorneys to report to the Attorney General of the United States the action taken by him against offenders so reported, and a transcript of such reports shall be transmitted to the Secretary of the Army by the Attorney General; and for the better enforcement of the said provisions and to facilitate the detection and bringing to punishment of such offenders, the officers and agents of the United States in charge of river and harbor improvements, and the assistant engineers and inspectors employed under them by authority of the Secretary of the Army, and the United States collectors of customs and other revenue officers shall have power and authority to swear out process, and to arrest and take into custody, with or without process, any person or persons who may commit any of the acts or offenses prohibited by the said sections, or who may violate any of the provisions of the same: Provided And provided further ( Mar. 3, 1899, ch. 425,  17 30 Stat. 1153 July 26, 1947, ch. 343 61 Stat. 501 June 25, 1948, ch. 646,  1 62 Stat. 909 Pub. L. 90578, title IV,  402(b)(2) Oct. 17, 1968 82 Stat. 1118 Pub. L. 101650, title III,  321 Dec. 1, 1990 104 Stat. 5117  Editorial Notes Codification Section is from act Mar. 3, 1899 Prior Provisions Act Sept. 19, 1890, ch. 907,  11 26 Stat. 455 March 3, 1899 It shall be the duty of officers and agents having the supervision, on the part of the United States, of the works in progress for the preservation and improvement of said navigable waters, and, in their absence, of the United States collectors of customs and other revenue officers to enforce the provisions of this act by giving information to the district attorney of the United States for the district in which any violation of any provision of this act shall have been committed: Provided Statutory Notes and Related Subsidiaries  Change of Name Act June 25, 1948 Sept. 1, 1948 section 541 of Title 28 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Magistrate judge substituted in text for magistrate pursuant to section 321 of Pub. L. 101650 section 631 of Title 28 Pub. L. 90578  Transfer of Functions Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title Pub. L. 89670,  6(g)(6)(A) Oct. 15, 1966 80 Stat. 941 Pub. L. 97449 section 401 of this title section 6(g)(6)(A) of Pub. L. 89670 Executive Documents  Transfer of Functions All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise in Bureau of Customs of Department of the Treasury to which appointments required to be made by President with advice and consent of Senate were ordered abolished with such offices to be terminated not later than Dec. 31, 1966 May 25, 1965 79 Stat. 1317 July 31, 1950 64 Stat. 1280  414. Removal by Secretary of the Army of sunken water craft generally; liability of owner, lessee, or operator (a) Whenever the navigation of any river, lake, harbor, sound, bay, canal, or other navigable waters of the United States shall be obstructed or endangered by any sunken vessel, boat, water craft, raft, or other similar obstruction, and such obstruction has existed for a longer period than thirty days, or whenever the abandonment of such obstruction can be legally established in a less space of time, the sunken vessel, boat, water craft, raft, or other obstruction shall be subject to be broken up, removed, sold, or otherwise disposed of by the Secretary of the Army at his discretion, without liability for any damage to the owners of the same: Provided And provided also Provided Provided further (b) The owner, lessee, or operator of such vessel, boat, watercraft, raft, or other obstruction as described in this section shall be liable to the United States for the cost of removal or destruction and disposal as described which exceeds the costs recovered under subsection (a). Any amount recovered from the owner, lessee, or operator of such vessel pursuant to this subsection to recover costs in excess of the proceeds from the sale or disposition of such vessel shall be deposited in the general fund of the Treasury of the United States. ( Mar. 3, 1899, ch. 425,  19 30 Stat. 1154 July 26, 1947, ch. 343 61 Stat. 501 Pub. L. 99662, title IX,  939(b) Nov. 17, 1986 100 Stat. 4199  Editorial Notes Codification Section is from act Mar. 3, 1899 Prior Provisions Section superseded act June 14, 1880, ch. 211,  4 21 Stat. 197 act Aug. 2, 1882, ch. 375 22 Stat. 208 Section also superseded act Sept. 19, 1890, ch. 907,  8 26 Stat. 454 Amendments 1986 Pub. L. 99662 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  Transfer of Functions Functions, powers and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title Pub. L. 89670,  6(g)(6)(A) Oct. 15, 1966 80 Stat. 941 Pub. L. 97449 section 401 of this title section 6(g)(6)(A) of Pub. L. 89670 Executive Documents  Transfer of Functions Pertaining to Air Force For transfer of certain functions insofar as they pertain to Air Force, and to extent that they were not previously transferred to Secretary of the Air Force and Department of the Air Force from Secretary of the Army and Department of the Army, see Secretary of Defense Transfer Order No. 40 [App. A(57)], July 22, 1949  415. Summary removal of water craft obstructing navigation; liability of owner, lessee, or operator (a) Removal authority Under emergency, in the case of any vessel, boat, water craft, or raft, or other similar obstruction, sinking of grounding, or being unnecessarily delayed in any Government canal or lock, or in any navigable waters mentioned in section 414 of this title Provided And provided further (b) Removal requirement Not later than 24 hours after the Secretary of the Department in which the Coast Guard is operating issues an order to stop or delay navigation in any navigable waters of the United States because of conditions related to the sinking or grounding of a vessel, the owner or operator of the vessel, with the approval of the Secretary of the Army, shall begin removal of the vessel using the most expeditious removal method available or, if appropriate, secure the vessel pending removal to allow navigation to resume. If the owner or operator fails to begin removal or to secure the vessel pending removal or fails to complete removal on an expedited basis, the Secretary of the Army shall remove or destroy the vessel using the summary removal procedures under subsection (a). (c) Liability of owner, lessee, or operator The owner, lessee, or operator of such vessel, boat, watercraft, raft, or other obstruction as described in this section shall be liable to the United States for the actual cost, including administrative costs, of removal or destruction and disposal as described which exceeds the costs recovered under subsection (a). Any amount recovered from the owner, lessee, or operator of such vessel pursuant to this subsection to recover costs in excess of the proceeds from the sale or disposition of such vessel shall be deposited in the general fund of the Treasury of the United States. ( Mar. 3, 1899, ch. 425,  20 30 Stat. 1154 July 26, 1947, ch. 343 61 Stat. 501 Pub. L. 99662, title IX,  939(b) Nov. 17, 1986 100 Stat. 4199 Pub. L. 104303, title II,  218(b) Oct. 12, 1996 110 Stat. 3696  Editorial Notes Codification Section is from part of section 20 of act Mar. 3, 1899 section 416 of this title Section 20 of act Mar. 3, 1899 act Feb. 20, 1900, ch. 23,  3 31 Stat. 32 act June 13, 1902, ch. 1079,  12 32 Stat. 375 section 418 of this title Amendments 1996Subsec. (a). Pub. L. 104303,  218(b)(1) Subsec. (b). Pub. L. 104303,  218(b)(4) Subsec. (c). Pub. L. 104303,  218(b)(2) 1986 Pub. L. 99662 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  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 section 542 of Title 6 Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title Pub. L. 89670,  6(g)(6)(A) Oct. 15, 1966 80 Stat. 941 Pub. L. 97449 section 401 of this title section 6(g)(6)(A) of Pub. L. 89670 Executive Documents  Transfer of Functions Pertaining to Air Force For transfer of certain functions insofar as they pertain to Air Force, and to extent that they were not previously transferred to Secretary of the Air Force and Department of the Air Force from Secretary of the Army and Department of the Army, see Secretary of Defense Transfer Order No. 40 [App. A(57)], July 22, 1949  416. Appropriations for removal of sunken water craft  Such sum of money as may be necessary to execute sections 414 and 415 of this title is hereby appropriated out of any money in the Treasury not otherwise appropriated, to be paid out on the requisition of the Secretary of the Army. ( Mar. 3, 1899, ch. 425,  20(a) 30 Stat. 1155 July 26, 1947, ch. 343 61 Stat. 501 Pub. L. 99662, title IX,  939(b) Nov. 17, 1986 100 Stat. 4199  Editorial Notes Codification Section is from part of section 20(a) of act Mar. 3, 1899 section 415 of this title 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Appropriations Act June 26, 1934, ch. 756,  2 48 Stat. 1225 July 1, 1935  417. Expenses of investigations by Department of the Army  Expenses incurred by the Engineer Department of the Department of the Army in all investigations, inspections, hearings, reports, service of notice, or other action incidental to examination of plans or sites of bridges or other structures built or proposed to be built in or over navigable waters, or to examinations into alleged violations of laws for the protection and preservation of navigable waters, or to the establishment or marking of harbor lines, shall be payable from any funds which may be available for the improvement, maintenance, operation, or care of the waterways or harbors affected, or if such funds are not available in sums judged by the Chief of Engineers to be adequate, then from any funds available for examinations, surveys, and contingencies of rivers and harbors. ( Mar. 3, 1905, ch. 1482,  6 33 Stat. 1148 July 26, 1947, ch. 343 61 Stat. 501  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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  Transfer of Functions Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title Pub. L. 89670,  6(g)(6)(A) Oct. 15, 1966 80 Stat. 941 Pub. L. 97449 section 401 of this title section 6(g)(6)(A) of Pub. L. 89670  418. Provisions for protection of New York Harbor unaffected  Nothing contained in sections 401, 403, 404, 406, 407, 408, 409, 411 to 416, and 502 of this title shall be construed as repealing, modifying, or in any manner affecting the provisions of subchapter III of this chapter. ( Mar. 3, 1899, ch. 425,  20(a) 30 Stat. 1154 Feb. 20, 1900, ch. 23,  3 31 Stat. 32 June 13, 1902, ch. 1079,  12 32 Stat. 375 Pub. L. 99662, title IX,  939(b) Nov. 17, 1986 100 Stat. 4199  Editorial Notes  References in Text Subchapter III ( 441 et seq.) of this chapter, referred to in text, was in the original a reference to the Act of June 29, 1888 August 18, 1894 Codification Section is from part of section 20(a) of act Mar. 3, 1899 section 415 of this title  419. Regulation by Secretary governing transportation and dumping of dredgings, refuse, etc., into navigable waters; oyster lands; appropriations  The Secretary of the Army is authorized and empowered to prescribe regulations to govern the transportation and dumping into any navigable water, or waters adjacent thereto, of dredgings, earth, garbage, and other refuse materials of every kind or description, whenever in his judgment such regulations are required in the interest of navigation. Such regulations shall be posted in conspicuous and appropriate places for the information of the public; and every person or corporation which shall violate the said regulations, or any of them, shall be deemed guilty of a misdemeanor and shall be subject to the penalties prescribed in sections 411 and 412 of this title, for violation of the provisions of section 407 of this title Provided section 413 of this title Provided further And provided further ( Mar. 3, 1905, ch. 1482,  4 33 Stat. 1147 July 26, 1947, ch. 343 61 Stat. 501  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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  Transfer of Functions Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title Pub. L. 89670,  6(g)(6)(A) Oct. 15, 1966 80 Stat. 941 Pub. L. 97449 section 401 of this title section 6(g)(6)(A) of Pub. L. 89670  419a. Management practices to extend capacity and useful life of dredged material disposal areas  The Secretary of the Army, acting through the Chief of Engineers, shall utilize and encourage the utilization of such management practices as he determines appropriate to extend the capacity and useful life of dredged material disposal areas such that the need for new dredged material disposal areas is kept to a minimum. Management practices authorized by this section shall include, but not be limited to, the construction of dikes, consolidation and dewatering of dredged material, and construction of drainage and outflow facilities. ( Pub. L. 94587,  148 Oct. 22, 1976 90 Stat. 2931  420. Piers and cribs on Mississippi and St. Croix Rivers  The owners of sawmills on the Mississippi River and the Saint Croix River in the States of Wisconsin and Minnesota are authorized and empowered under the direction of the Secretary of the Army, to construct piers or cribs in front of their mill property on the banks of the river, for the protection of their mills and rafts against damage by floods and ice: Provided, however (R.S.  5254; May 1, 1882, ch. 112 22 Stat. 52 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Codification R.S.  5254 derived from act Mar. 3, 1873, ch. 278 17 Stat. 606 Amendments 1882Act May 1, 1882 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  Transfer of Functions Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title Pub. L. 89670,  6(g)(6)(A) Oct. 15, 1966 80 Stat. 941 Pub. L. 97449 section 401 of this title section 6(g)(6)(A) of Pub. L. 89670  421. Deposit of refuse, etc., in Lake Michigan near Chicago  It shall not be lawful to throw, discharge, dump, or deposit, or cause, suffer, or procure, to be thrown, discharged, dumped, or deposited, any refuse matter of any kind or description whatever other than that flowing from streets and sewers and passing therefrom in a liquid state into Lake Michigan, at any point opposite or in front of the county of Cook, in the State of Illinois, or the county of Lake in the State of Indiana, within eight miles from the shore of said lake, unless said material shall be placed inside of a breakwater so arranged as not to permit the escape of such refuse material into the body of the lake and cause contamination thereof; and no officer of the Government shall dump or cause or authorize to be dumped any material contrary to the provisions of this section: Provided, however ( June 23, 1910, ch. 359 36 Stat. 593  Editorial Notes Codification Section is from act June 23, 1910  422. Modification and extension of harbor lines at Chicago  The Secretary of the Army is authorized, in his discretion, to modify and extend harbor lines in front of the city of Chicago in such manner as to permit park extension work which may be desired by the municipal authorities, including the changing and widening of the southern entrance to the Chicago Harbor. ( Aug. 26, 1912, ch. 408,  5 37 Stat. 626 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Codification Section is from act Aug. 26, 1912 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  Transfer of Functions Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title Pub. L. 89670,  6(g)(6)(A) Oct. 15, 1966 80 Stat. 941 Pub. L. 97449 section 401 of this title section 6(g)(6)(A) of Pub. L. 89670  423. Establishment of pierhead and bulkhead lines in Wilmington Harbor, California  The Secretary of the Army is authorized to fix and establish pierhead and bulkhead lines, either or both, in the inner harbor of San Pedro, otherwise known as Wilmington Harbor, California, beyond which no piers, wharves, bulkheads, or other works shall be extended or deposits made except under such regulations as shall be prescribed from time to time by the Secretary of the Army. ( Mar. 26, 1908 35 Stat. 569 July 26, 1947, ch. 343 61 Stat. 501  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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  Transfer of Functions Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title Pub. L. 89670,  6(g)(6)(A) Oct. 15, 1966 80 Stat. 941 Pub. L. 97449 section 401 of this title section 6(g)(6)(A) of Pub. L. 89670  424. Establishment of pierhead or bulkhead lines in Newport Harbor, California  The Secretary of the Army is authorized and directed to fix and establish pierhead and bulkhead lines, either or both, at Newport Harbor, California, in accordance with plan dated United States Engineer Office, Los Angeles, California, March 25, 1913 ( July 27, 1916, ch. 260,  3 39 Stat. 411 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Codification Section is from act July 27, 1916 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  Transfer of Functions Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title Pub. L. 89670,  6(g)(6)(A) Oct. 15, 1966 80 Stat. 941 Pub. L. 97449 section 401 of this title section 6(g)(6)(A) of Pub. L. 89670  424a. Modification of harbor lines in Newport Harbor, California  The Secretary of the Army is authorized to modify from time to time, the harbor lines at Newport Harbor, California, established in pursuance of section 424 of this title Provided ( Mar. 3, 1925, ch. 467,  10 43 Stat. 1197 July 26, 1947, ch. 343 61 Stat. 501  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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  Transfer of Functions Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title Pub. L. 89670,  6(g)(6)(A) Oct. 15, 1966 80 Stat. 941 Pub. L. 97449 section 401 of this title section 6(g)(6)(A) of Pub. L. 89670  425. Omitted  Editorial Notes Codification Section, act June 7, 1924, ch. 316,  9 43 Stat. 606 June 7, 1924 Pub. L. 89753, title II,  211(a) Nov. 3, 1966 80 Stat. 12521254 June 7, 1924  426. Investigations concerning erosion of shores of coastal and lake waters  The Chief of Engineers of the United States Army, under the direction of the Secretary of the Army, is authorized and directed to cause investigations and studies to be made in cooperation with the appropriate agencies of the various States on the Atlantic, Pacific, and gulf coasts and on the Great Lakes, and of the States of Alaska and Hawaii, the Commonwealth of Puerto Rico, and the possessions of the United States, with a view to devising effective means of preventing erosion of the shores of coastal and lake waters by waves and currents; and any expenses incident and necessary thereto may be paid from funds appropriated for General Investigations, Civil Functions, Department of the Army: Provided Provided further Provided further section 5703 of title 5 ( July 3, 1930, ch. 847,  2 46 Stat. 945 Pub. L. 86645, title I,  103 July 14, 1960 74 Stat. 484  Editorial Notes  References in Text The Board, referred to in text, means the Beach Erosion Board, which was abolished by Pub. L. 88172,  1 Nov. 7, 1963 77 Stat. 304 Codification  Section 5703 of title 5 5 U.S.C. 73b2 Pub. L. 89554,  7(b) Sept. 6, 1966 80 Stat. 631 Amendments 1960 Pub. L. 86645 Statutory Notes and Related Subsidiaries  Abolition of Beach Erosion Board Pub. L. 88172,  1 Nov. 7, 1963 77 Stat. 304 That the Board established by section 2 of the River and Harbor Act approved July 3, 1930 33 U.S.C. 426 Oct. 31, 1992 section 223 of Pub. L. 102580 section 541 of this title Great Lakes Levels Study Pub. L. 99662, title VII,  706 Nov. 17, 1986 100 Stat. 4158 Nov. 17, 1986 Study of Rising Oceans Pub. L. 99662, title VII,  731 Nov. 17, 1986 100 Stat. 4165 Nov. 17, 1986 Application of Existing Law to Surveys Relating to Shore Protection Pub. L. 87874,  103(b) Oct. 23, 1962 76 Stat. 1179 All provisions of existing law relating to surveys of rivers and harbors shall apply to surveys relating to shore protection and section 2 of the River and Harbor Act approved July 3, 1930 33 U.S.C. 426  4261. Coastal Engineering Research Center; establishment; powers and functions  There shall be established under the Chief of Engineers, United States Army, a Coastal Engineering Research Center which, except as hereinafter provided in section 4263 of this title section 426a of this title ( Pub. L. 88172,  1 Nov. 7, 1963 77 Stat. 304  Editorial Notes Codification Section was enacted as part of section 1 of Pub. L. 88172 section 426 of this title Statutory Notes and Related Subsidiaries  Abolition of Beach Erosion Board Section 1 of Pub. L. 88172 section 426 of this title section 4263 of this title Oct. 31, 1992 section 223 of Pub. L. 102580 section 541 of this title  4262. Board on Coastal Engineering Research  The functions of the Coastal Engineering Research Center established by section 4261 of this title ( Pub. L. 88172,  2 Nov. 7, 1963 77 Stat. 305  Statutory Notes and Related Subsidiaries Compensation of Board Pub. L. 91611, title I,  105 Dec. 31, 1970 84 Stat. 1819 The civilian members of the Board on Coastal Engineering Research authorized by the Act of November 7, 1963 33 U.S.C. 4262 5 U.S.C. 5703(b) [References in laws to the rates of pay for GS16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I,  101(c)(1)] of Pub. L. 101509 section 5376 of Title 5  Abolition of Beach Erosion Board Section 1 of Pub. L. 88172 section 426 of this title Oct. 31, 1992 section 223 of Pub. L. 102580 section 541 of this title  4263. Transfer of functions of Beach Erosion Board  All functions of the Beach Erosion Board pertaining to review of reports of investigations made concerning erosion of the shores of coastal and lake waters, and the protection of such shores, are hereby transferred to the Board established by section 541 of this title ( Pub. L. 88172,  3 Nov. 7, 1963 77 Stat. 305  Statutory Notes and Related Subsidiaries  Termination of Board of Engineers for Rivers and Harbors and Reassignment of Duties and Responsibilities For termination of Board of Engineers for Rivers and Harbors 180 days after Oct. 31, 1992 section 223 of Pub. L. 102580 section 541 of this title  Abolition of Beach Erosion Board Section 1 of Pub. L. 88172 section 426 of this title section 4261 of this title  426a. Additional investigations concerning erosion of shores of coastal and lake waters; payment of costs; shores defined  In addition to participating in cooperative investigations and studies with agencies of the various States as authorized in section 426 of this title ( July 31, 1945, ch. 334,  1 59 Stat. 508 Pub. L. 88172,  1 Nov. 7, 1963 77 Stat. 304  Editorial Notes Codification Coastal Engineering Research Center has been substituted for Beach Erosion Board pursuant to Pub. L. 88172,  1 section 426 of this title section 4261 of this title  426b. Applicability of existing laws; projects referred to Board of Engineers for Rivers and Harbors  All provisions of existing law relating to examinations and surveys and to works of improvement of rivers and harbors shall apply, insofar as practicable, to examinations and surveys and to works of improvement relating to shore protection; except that all projects having to do with shore protection shall be referred for consideration and recommendation to the Board of Engineers for Rivers and Harbors. ( July 31, 1945, ch. 334,  2 59 Stat. 508 Pub. L. 88172,  1 Nov. 7, 1963 77 Stat. 304  Editorial Notes Codification Provision for the referral of projects having to do with shore protection for consideration and recommendation to the Beach Erosion Board have been omitted as obsolete in view of the abolition of the Beach Erosion Board and the transfer of its review function to the Board of Engineers for Rivers and Harbors by Pub. L. 88172,  1 section 4263 of this title Statutory Notes and Related Subsidiaries  Termination of Board of Engineers for Rivers and Harbors and Reassignment of Duties and Responsibilities For termination of Board of Engineers for Rivers and Harbors 180 days after Oct. 31, 1992 section 223 of Pub. L. 102580 section 541 of this title  426c. Report by Coastal Engineering Research Center  The Coastal Engineering Research Center, in making its report on any cooperative investigation and studies under the provisions of section 426 of this title ( July 31, 1945, ch. 334,  3 59 Stat. 508 Pub. L. 88172,  1 Nov. 7, 1963 77 Stat. 304  Editorial Notes Codification Coastal Engineering Research Center has been substituted for Beach Erosion Board pursuant to Pub. L. 88172,  1 section 426 of this title section 4261 of this title  426d. Payment of expenses  Any expenses incident and necessary in the undertaking of the general investigations authorized by sections 426a to 426d of this title may be paid from funds appropriated prior to or after July 31, 1945 ( July 31, 1945, ch. 334,  4 59 Stat. 508  426e. Federal aid in protection of shores (a) Declaration of policy With the purpose of preventing damage to the shores and beaches of the United States, its Territories and possessions and promoting and encouraging the healthful recreation of the people, it is declared to be the policy of the United States, subject to sections 426e to 426h1 of this title, to promote shore protection projects and related research that encourage the protection, restoration, and enhancement of sandy beaches, including beach restoration and periodic beach nourishment, on a comprehensive and coordinated basis by the Federal Government, States, localities, and private enterprises. In carrying out this policy, preference shall be given to areas in which there has been a Federal investment of funds and areas with respect to which the need for prevention or mitigation of damage to shores and beaches is attributable to Federal navigation projects or other Federal activities. (b) Federal contribution; maximum amount; exceptions The Federal contribution in the case of any project referred to in subsection (a) shall not exceed one-half of the cost of the project, and the remainder shall be paid by the State, municipality, or other political subdivision in which the project is located, except that (1) the costs allocated to the restoration and protection of Federal property shall be borne fully by the Federal Government, (2) Federal participation in the cost of a project for restoration and protection of State, county, and other publicly owned shore parks and conservation areas may be, in the discretion of the Chief of Engineers, not more than 70 per centum of the total cost exclusive of land costs, when such areas: Include a zone which excludes permanent human habitation; include but are not limited to recreational beaches; satisfy adequate criteria for conservation and development of the natural resources of the environment; extend landward a sufficient distance to include, where appropriate, protective dunes, bluffs, or other natural features which serve to protect the uplands from damage; and provide essentially full park facilities for appropriate public use, all of which shall meet with the approval of the Chief of Engineers, and (3) Federal participation in the cost of a project providing hurricane protection may be, in the discretion of the Secretary 1 1 (c) Periodic beach nourishment; construction defined When in the opinion of the Chief of Engineers the most suitable and economical remedial measures would be provided by periodic beach nourishment, the term construction may be construed for the purposes of sections 426e to 426h1 of this title to include the deposit of sand fill at suitable intervals of time to furnish sand supply to project shores for a length of time specified by the Chief of Engineers. (d) Shores other than public Shores other than public will be eligible for Federal assistance if there is benefit such as that arising from public use or from the protection of nearby public property or if the benefits to those shores are incidental to the project, and the Federal contribution to the project shall be adjusted in accordance with the degree of such benefits. (e) Authorization of projects (1) In general No Federal contributions shall be made with respect to a project under sections 426e to 426h1 of this title unless the plan therefor shall have been specifically adopted and authorized by Congress after investigation and study by the Coastal Engineering Research Center under the provisions of section 426 of this title 2 2 (2) Studies (A) In general The Secretary shall (i) recommend to Congress studies concerning shore protection projects that meet the criteria established under sections 426e to 426h1 of this title (including subparagraph (B)(iii)) and other applicable law; (ii) conduct such studies as Congress requires under applicable laws; and (iii) report the results of the studies to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (B) Recommendations for shore protection projects (i) In general The Secretary shall recommend to Congress the authorization or reauthorization of shore protection projects based on the studies conducted under subparagraph (A). (ii) Considerations In making recommendations, the Secretary shall consider the economic and ecological benefits of the shore protection project. (C) Coordination of projects In conducting studies and making recommendations for a shore protection project under this paragraph, the Secretary shall (i) determine whether there is any other project being carried out by the Secretary or the head of another Federal agency that may be complementary to the shore protection project; and (ii) if there is such a complementary project, describe the efforts that will be made to coordinate the projects. (3) Shore protection projects (A) In general The Secretary shall construct, or cause to be constructed, any shore protection project authorized by Congress, or separable element of such a project, for which funds have been appropriated by Congress. (B) Agreements (i) Requirement After authorization by Congress, and before commencement of construction, of a shore protection project or separable element, the Secretary shall enter into a written agreement with a non-Federal interest with respect to the project or separable element. (ii) Terms The agreement shall (I) specify the life of the project; and (II) ensure that the Federal Government and the non-Federal interest will cooperate in carrying out the project or separable element. (C) Coordination of projects In constructing a shore protection project or separable element under this paragraph, the Secretary shall, to the extent practicable, coordinate the project or element with any complementary project identified under paragraph (2)(C). ( Aug. 13, 1946, ch. 960,  1 60 Stat. 1056 July 28, 1956, ch. 768 70 Stat. 702 Pub. L. 87874, title I,  103(a)(1) Oct. 23, 1962 76 Stat. 1178 Pub. L. 88172,  1 Nov. 7, 1963 77 Stat. 304 Pub. L. 91611, title II,  208 Dec. 31, 1970 84 Stat. 1829 Pub. L. 104303, title II,  227(a) Oct. 12, 1996 110 Stat. 3698  Editorial Notes  References in Text Section 426h of this title Pub. L. 110114, title II,  2038(b) Nov. 8, 2007 121 Stat. 1100 Codification Coastal Engineering Research Center, referred to in subsec. (e), has been substituted for Beach Erosion Board pursuant to Pub. L. 88172,  1 section 4261 of this title Amendments 1996Subsec. (a). Pub. L. 104303,  227(a) Subsec. (b)(3). Pub. L. 104303,  227(e)(2) Subsec. (e). Pub. L. 104303,  227(b) 1970Subsec. (b). Pub. L. 91611 1962Subsec. (b). Pub. L. 87874,  103(a)(1) Subsec. (e). Pub. L. 87874,  103(a)(3) section 426g of this title 1956Act July 28, 1956 Statutory Notes and Related Subsidiaries Beach Recreation Pub. L. 106541, title II,  220 Dec. 11, 2000 114 Stat. 2596 Not later than 1 year after the date of enactment of this Act [ Dec. 11, 2000 Shore Management Program Pub. L. 10653, title II,  213 Aug. 17, 1999 113 Stat. 291 Aug. 17, 1999 Aug. 17, 1999 Report on Shores of the United States Pub. L. 10653, title II,  215(c) Aug. 17, 1999 113 Stat. 293 Aug. 17, 1999 Report to Congress on Shoreline Protection Programs Pub. L. 101640, title III,  309 Nov. 28, 1990 104 Stat. 4638 Nov. 28, 1990  426e1. Shore protection projects (a) In general In accordance with the Act of July 3, 1930 33 U.S.C. 426 (b) Preference In carrying out the policy under subsection (a), preference shall be given to (1) areas in which there has been a Federal investment of funds for the purposes described in subsection (a); and (2) areas with respect to which the need for prevention or mitigation of damage to shores and beaches is attributable to Federal navigation projects or other Federal activities. (c) Applicability The Secretary shall apply the policy under subsection (a) to each shore protection and beach renourishment project (including shore protection and beach renourishment projects constructed before November 8, 2007 ( Pub. L. 110114, title II,  2018 Nov. 8, 2007 121 Stat. 1077  Editorial Notes  References in Text The Act of July 3, 1930 act July 3, 1930, ch. 847 46 Stat. 918 Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 110114 section 2201 of this title  426e2. Clarification of munition disposal authorities (a) In general The Secretary may, at full Federal expense, implement any response action the Secretary determines to be necessary at a site where (1) the Secretary has carried out a project under civil works authority of the Secretary that includes placing sand on a beach; and (2) as a result of the project described in paragraph (1), military munitions that were originally released as a result of Department of Defense activities are deposited on the beach, posing a threat to human health or the environment. (b) Response action funding A response action described in subsection (a) shall be reimbursed from amounts made available to the agency within the Department of Defense responsible for the original release of the munitions. ( Pub. L. 113121, title I,  1027 June 10, 2014 128 Stat. 1230 Pub. L. 114322, title I,  1154 Dec. 16, 2016 130 Stat. 1663  Editorial Notes Amendments 2016Subsec. (a). Pub. L. 114322,  1154(1) Subsec. (b). Pub. L. 114322,  1154(2) Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121 section 2201 of this title  426e3. Coastal storm damage reduction contracts  For any project for coastal storm damage reduction, the Secretary may seek input from a non-Federal interest for a project that may be affected by the timing of the coastal storm damage reduction activities under the project, in order to minimize, to the maximum extent practicable, any negative effects resulting from the timing of those activities. ( Pub. L. 116260, div. AA, title I,  140 Dec. 27, 2020 134 Stat. 2652  Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of div. AA of Pub. L. 116260 section 2201 of this title  426f. Reimbursements (a) In general The Secretary is authorized to reimburse non-Federal interests for work done by them, after initiation of the survey studies which form the basis for the project or separable element of the project, on authorized projects or separable elements which individually do not exceed $1,000,000 in total cost: Provided Provided further (b) Agreements (1) Requirement After authorization of reimbursement by the Secretary under this section, and before commencement of construction, of a shore protection project, the Secretary shall enter into a written agreement with the non-Federal interest with respect to the project or separable element. (2) Terms The agreement shall (A) specify the life of the project; and (B) ensure that the Federal Government and the non-Federal interest will cooperate in carrying out the project or separable element. ( Aug. 13, 1946, ch. 960,  2 60 Stat. 1056 July 26, 1947, ch. 343 61 Stat. 501 July 28, 1956, ch. 768 70 Stat. 703 Pub. L. 87874, title I,  103(a)(4) Oct. 23, 1962 76 Stat. 1178 Pub. L. 104303, title II,  227(c)(1) Oct. 12, 1996 110 Stat. 3699  Editorial Notes Amendments 1996 Pub. L. 104303 1962 Pub. L. 87874 1956Act July 28, 1956 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  Transfer of Functions Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title Pub. L. 89670,  6(g)(6)(A) Oct. 15, 1966 80 Stat. 941 Pub. L. 97449 section 401 of this title section 6(g)(6)(A) of Pub. L. 89670  426g. Storm and hurricane restoration and impact minimization program (a) Construction of small shore and beach restoration and protection projects (1) In general The Secretary may carry out a program for the construction of small shore and beach restoration and protection projects not specifically authorized by Congress that otherwise comply with section 426e of this title (2) Local cooperation The local cooperation requirement of section 426e of this title (3) Completeness A project under this subsection (A) shall be complete; and (B) shall not commit the United States to any additional improvement to ensure the successful operation of the project; except for participation in periodic beach nourishment in accordance with (i)  section 426e of this title (ii) the procedure for projects authorized after submission of a survey report. (b) National shoreline erosion control development and demonstration program (1) In general The Secretary shall conduct under the program authorized by subsection (a) a national shoreline erosion control development and demonstration program (referred to in this section as the demonstration program). (2) Requirements (A) In general The demonstration program shall include provisions for (i) projects consisting of planning, design, construction, and monitoring of prototype engineered and native and naturalized vegetative shoreline erosion control devices and methods; (ii) monitoring of the applicable prototypes; (iii) detailed engineering and environmental reports on the results of each project carried out under the demonstraton 1 1 (iv) technology transfers, as appropriate, to private property owners, State and local entities, nonprofit educational institutions, and nongovernmental organizations. (B) Determination of feasibility A project under the demonstration program shall not be carried out until the Secretary determines that the project is feasible. (C) Emphasis A project under the demonstration program shall emphasize, to the maximum extent practicable (i) the development and demonstration of innovative technologies; (ii) efficient designs to prevent erosion at a shoreline site, taking into account the lifecycle cost of the design, including cleanup, maintenance, and amortization; (iii) new and enhanced shore protection project design and project formulation tools the purposes of which are to improve the physical performance, and lower the lifecycle costs, of the projects; (iv) natural designs, including the use of native and naturalized vegetation or temporary structures that minimize permanent structural alterations to the shoreline; (v) the avoidance of negative impacts to adjacent shorefront communities; (vi) in areas with substantial residential or commercial interests located adjacent to the shoreline, designs that do not impair the aesthetic appeal of the interests; (vii) the potential for long-term protection afforded by the technology; and (viii) recommendations developed from evaluations of the program established under the Shoreline Erosion Control Demonstration Act of 1974 ( 42 U.S.C. 19625 2 2 (I) adequate consideration of the subgrade; (II) proper filtration; (III) durable components; (IV) adequate connection between units; and (V) consideration of additional relevant information. (D) Sites (i) In general Each project under the demonstration program may be carried out at (I) a privately owned site with substantial public access; or (II) a publicly owned site on open coast or in tidal waters. (ii) Selection The Secretary shall develop criteria for the selection of sites for projects under the demonstration program, including criteria based on (I) a variety of geographic and climatic conditions; (II) the size of the population that is dependent on the beaches for recreation or the protection of private property or public infrastructure; (III) the rate of erosion; (IV) significant natural resources or habitats and environmentally sensitive areas; and (V) significant threatened historic structures or landmarks. (3) Consultation The Secretary shall carry out the demonstration program in consultation with (A) the Secretary of Agriculture, particularly with respect to native and naturalized vegetative means of preventing and controlling shoreline erosion; (B) Federal, State, and local agencies; (C) private organizations; (D) the Coastal Engineering Research Center established by section 4261 of this title (E) applicable university research facilities. (4) Completion of demonstration After carrying out the initial construction and evaluation of the performance and cost of a project under the demonstration program, the Secretary may (A) amend, at the request of a non-Federal interest of the project, the partnership agreement for a federally authorized shore protection project in existence on the date on which initial construction of the project under the demonstration program is complete to incorporate the project constructed under the demonstration program as a feature of the shore protection project, with the future cost sharing of the project constructed under the demonstration program to be determined by the project purposes of the shore protection project; or (B) transfer all interest in and responsibility for the completed project constructed under the demonstration program to a non-Federal interest or another Federal agency. (5) Agreements The Secretary may enter into a partnership agreement with the non-Federal interest or a cooperative agreement with the head of another Federal agency under the demonstration program (A) to share the costs of construction, operation, maintenance, and monitoring of a project under the demonstration program; (B) to share the costs of removing the project, or element of the project if the Secretary determines that the project or element of the project is detrimental to public or private property, public infrastructure, or public safety; or (C) to specify ownership of the completed project if the Secretary determines that the completed project will not be part of a Corps of Engineers project. (6) Report Not later than December 31, 2008 (A) the activities carried out and accomplishments made under the demonstration program since the previous report under this paragraph; and (B) any recommendations of the Secretary relating to the program. (c) Authorization of appropriations (1) In general Subject to paragraph (2), the Secretary may expend, from any appropriations made available to the Secretary for the purpose of carrying out civil works, not more than $37,500,000 during any fiscal year to pay the Federal share of the costs of construction of small shore and beach restoration and protection projects or small projects under this section. (2) Limitation The total amount expended for a project under this section shall (A) be sufficient to pay the cost of Federal participation in the project (including periodic nourishment as provided for under section 426e of this title (B) be not more than $10,000,000. ( Aug. 13, 1946, ch. 960,  3 60 Stat. 1056 July 26, 1947, ch. 343 61 Stat. 501 July 28, 1956, ch. 768 70 Stat. 703 Pub. L. 87874, title I,  103(a)(4) Oct. 23, 1962 76 Stat. 1178 Pub. L. 89298, title III,  310(b) Oct. 27, 1965 79 Stat. 1095 Pub. L. 91611, title I,  112(b) Dec. 31, 1970 84 Stat. 1821 Pub. L. 99662, title IX,  915(e) Nov. 17, 1986 100 Stat. 4191 Pub. L. 104303, title II,  227(e)(2)(C) Oct. 12, 1996 110 Stat. 3703 Pub. L. 10653, title II,  226 Aug. 17, 1999 113 Stat. 298 Pub. L. 110114, title II,  2038(a) Nov. 8, 2007 121 Stat. 1097 Pub. L. 114322, title I,  1167 Dec. 16, 2016 130 Stat. 1670 Pub. L. 115270, title I,  1157(a) Oct. 23, 2018 132 Stat. 3793  Editorial Notes  References in Text The Shoreline Erosion Control Demonstration Act of 1974, referred to in subsec. (b)(2)(C)(viii), is Pub. L. 93251, title I,  54 Mar. 7, 1974 88 Stat. 26 section 1962d5 of Title 42 Amendments 2018Subsec. (c)(1). Pub. L. 115270 2016Subsec. (c)(2)(B). Pub. L. 114322 2007 Pub. L. 110114 1999 Pub. L. 10653 1996 Pub. L. 104303 1986 Pub. L. 99662 1970 Pub. L. 91611 1965 Pub. L. 89298 1962 Pub. L. 87874 section 426e of this title 1956Act July 28, 1956 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Effective Date of 1986 Amendment Pub. L. 99662, title IX,  915(i) Nov. 17, 1986 100 Stat. 4191 The amendments made by this section [amending this section and sections 426i, 577, 603a, 701g, 701r, and 701s of this title] shall not apply to any project under contract for construction on the date of enactment of this Act [ Nov. 17, 1986 Effective Date of 1970 Amendment Pub. L. 91611, title I,  112(c) Dec. 31, 1970 84 Stat. 1821 The amendments made by this section [amending this section and section 577 of this title Dec. 31, 1970  Transfer of Functions Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title Pub. L. 89670,  6(g)(6)(A) Oct. 15, 1966 80 Stat. 941 Pub. L. 97449 section 401 of this title section 6(g)(6)(A) of Pub. L. 89670 Hurricane and Storm Damage Protection Program Pub. L. 115270, title I,  1112 Oct. 23, 2018 132 Stat. 3775  (a)  In General The Secretary [of the Army] is authorized to carry out a pilot program to award single contracts for more than one authorized hurricane and storm damage reduction project in a geographical region, including projects across more than one Corps of Engineers district, if the Secretary determines that the contract provides cost savings compared to the awarding of such work on a project-by-project basis. (b)  Project Selection In carrying out the pilot program under subsection (a), the Secretary shall consult with relevant State agencies in selecting projects. (c)  Criteria In carrying out the pilot program under subsection (a), the Secretary shall establish criteria and other considerations that (1) foster Federal, State, and local collaboration; (2) evaluate the performance of projects being carried out under a single contract with respect to whether such projects yield any regional or multi-district benefits; and (3) include other criteria and considerations that the Secretary determines to be appropriate. (d)  Report Not later than 1 year after the date of enactment of this Act [ Oct. 23, 2018 (e)  Authorization of Appropriations There is authorized to be appropriated to carry out this section $75,000,000. (f)  Termination The authority of the Secretary to enter into contracts pursuant to the pilot program carried out under subsection (a) shall expire on the date that is 10 years after the date of enactment of this Act.  426g1. State and regional plans The Secretary may (1) cooperate with any State in the preparation of a comprehensive State or regional plan for the conservation of coastal resources located within the boundaries of the State; (2) encourage State participation in the implementation of the plan; and (3) submit to Congress reports and recommendations with respect to appropriate Federal participation in carrying out the plan. ( Aug. 13, 1946, ch. 960,  4 Pub. L. 104303, title II,  227(d)(2) Oct. 12, 1996 110 Stat. 3700  Editorial Notes Prior Provisions A prior section 4 of act Aug. 13, 1946 section 426h of this title Pub. L. 104303  426h. Repealed. Pub. L. 110114, title II,  2038(b) Nov. 8, 2007 121 Stat. 1100   Section, act Aug. 13, 1946, ch. 960,  5 Pub. L. 104303, title II,  227(e)(1) Oct. 12, 1996 110 Stat. 3700 Pub. L. 10653, title V,  581 Aug. 17, 1999 113 Stat. 375 Pub. L. 109234, title II,  2305 June 15, 2006 120 Stat. 456 Pub. L. 110161, div. C, title I,  113 Dec. 26, 2007 121 Stat. 1944  A prior section 426h, acts Aug. 13, 1946, ch. 960,  5 60 Stat. 1057 July 28, 1956, ch. 768 70 Stat. 703 Oct. 12, 1996 Pub. L. 104303, title II,  227(d)(1) 110 Stat. 3700 Pub. L. 104303, title II,  227(e)(1) Oct. 12, 1996 110 Stat. 3700  426h1. Definitions In sections 426e and 426f to 426h1 of this title, the following definitions apply: (1) Erosion control program The term erosion control program means the national shoreline erosion control development and demonstration program established under this section. (2) Secretary The term Secretary means the Secretary of the Army. (3) Separable element The term separable element has the meaning provided by section 2213(f) of this title (4) Shore The term shore includes each shoreline of the Atlantic and Pacific Oceans, the Gulf of Mexico, the Great Lakes, and lakes, estuaries, and bays directly connected therewith. (5) Shore protection project The term shore protection project includes a project for beach nourishment, including the replacement of sand. ( Aug. 13, 1946, ch. 960,  6 Pub. L. 104303, title II,  227(e)(1) Oct. 12, 1996 110 Stat. 3702  426i. Shore damage prevention or mitigation (a) In general The Secretary of the Army is authorized to investigate, study, plan, and implement structural and nonstructural measures for the prevention or mitigation of shore damages attributable to Federal navigation works and shore damage attributable to the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway, if a non-Federal public body agrees to operate and maintain such measures, and, in the case of interests in real property acquired in conjunction with nonstructural measures, to operate and maintain the property for public purposes in accordance with regulations prescribed by the Secretary. (b) Cost sharing The costs of implementing measures, including a study, shall be cost-shared in the same proportion as the cost-sharing provisions applicable to construction of the project causing the shore damage. (c) Requirement for specific authorization No such project shall be initiated without specific authorization by Congress if the Federal first cost exceeds $12,500,000. (d) Coordination The Secretary shall (1) coordinate the implementation of the measures under this section with other Federal and non-Federal shore protection projects in the same geographic area; and (2) to the extent practicable, combine mitigation projects with other shore protection projects in the same area into a comprehensive regional project. (e) Reimbursement for feasibility studies Beginning on December 16, 2016 ( Pub. L. 90483, title I,  111 Aug. 13, 1968 82 Stat. 735 Pub. L. 99662, title IX Nov. 17, 1986 100 Stat. 4191 Pub. L. 10653, title II,  214 Aug. 17, 1999 113 Stat. 291 Pub. L. 113121, title I,  1030(c) June 10, 2014 128 Stat. 1232 Pub. L. 114322, title I,  1169 Dec. 16, 2016 130 Stat. 1671 Pub. L. 115270, title I,  1157(c) Oct. 23, 2018 132 Stat. 3794  Editorial Notes Amendments 2018Subsec. (c). Pub. L. 115270 2016Subsec. (b). Pub. L. 114322,  1169(1) Subsec. (e). Pub. L. 114322,  1169(2) 2014Subsec. (c). Pub. L. 113121 1999 Pub. L. 10653 1986 Pub. L. 99662,  940 Pub. L. 99662,  915(f) Statutory Notes and Related Subsidiaries Effective Date of 1986 Amendment Amendment by section 915(f) of Pub. L. 99662 Nov. 17, 1986 section 915(i) of Pub. L. 99662 section 426g of this title Coastal Erosion Pub. L. 115270, title I,  1172 Oct. 23, 2018 132 Stat. 3799  (a)  In General Pursuant to section 111 of the River and Harbor Act of 1968 ( 33 U.S.C. 426i (b)  Project Selection In carrying out the work under subsection (a), the Secretary shall (1) identify and carry out not more than five projects (A) located in any of the States of Maine, New Hampshire, Massachusetts, Connecticut, Rhode Island, or New York; and (B) for which a feasibility study has been completed by December 31, 2019 (2) consult with relevant State agencies in selecting projects.  426i1. Repealed. Pub. L. 113121, title I,  1014(c)(2) June 10, 2014 128 Stat. 1222   Section, Pub. L. 102580, title II,  206 Oct. 31, 1992 106 Stat. 4828 Pub. L. 104303, title II,  227(c)(2) Oct. 12, 1996 110 Stat. 3700  426i2. National coastal data bank (1) Establishment of data bank Not later than 2 years after August 17, 1999 (2) Content To the extent practicable, the national coastal data bank shall include data regarding current and predicted shore positions, information on federally authorized shore protection projects, and data on the movement of sand along the shores of the United States, including impediments to such movement caused by natural and manmade features. (3) Access The national coastal data bank shall be made readily accessible to the public. ( Pub. L. 10653, title II,  215(d) Aug. 17, 1999 113 Stat. 293  Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 10653 section 2201 of this title  426j. Repealed. Pub. L. 110114, title II,  2037(b)(1) Nov. 8, 2007 121 Stat. 1096   Section, Pub. L. 94587,  145 Oct. 22, 1976 90 Stat. 2931 Pub. L. 99662, title IX,  933 Nov. 17, 1986 100 Stat. 4197 Pub. L. 100676,  35 Nov. 17, 1988 102 Stat. 4031 Pub. L. 102580, title II,  207 Oct. 31, 1992 106 Stat. 4829 Pub. L. 10653, title II,  217(a) Aug. 17, 1999 113 Stat. 294 Statutory Notes and Related Subsidiaries Existing Projects Pub. L. 110114, title II,  2037(b)(2) Nov. 8, 2007 121 Stat. 1096 The Secretary [of the Army] may complete any project being carried out under section 145 of the Water Resources Development Act of 1976 [this section] on the day before the date of enactment of this Act [ Nov. 8, 2007  426k. Five year demonstration program to temporarily increase diversion of water from Lake Michigan at Chicago, Illinois (a) Authorization of Secretary of the Army; purpose; amounts of increase; incremental accomplishment; effects on Illinois Waterway; responsibilities for development, implementation, and supervision In order to alleviate water damage on the shoreline of Lake Michigan and others of the Great Lakes during periods of abnormally high water levels in the Great Lakes, and to improve the water quality of the Illinois Waterway, the Secretary of the Army, acting through the Chief of Engineers, is authorized to carry out a five-year demonstration program to temporarily increase the diversion of water from Lake Michigan at Chicago, Illinois, for the purpose of testing the practicability of increasing the average annual diversion from the present limit of three thousand two hundred cubic feet per second to ten thousand cubic feet per second. The demonstration program will increase the controllable diversion by various amounts calculated to raise the average annual diversion above three thousand two hundred cubic feet per second up to ten thousand cubic feet per second. The increase in diversion rate will be accomplished incrementally and will take into consideration the effects of such increase on the Illinois Waterway. The program will be developed by the Chief of Engineers in cooperation with the State of Illinois and the Metropolitan Sanitary District of Greater Chicago. The program will be implemented by the State of Illinois and the Metropolitan Sanitary District of Greater Chicago under the supervision of the Chief of Engineers. (b) Establishment of monthly controllable diversion rates; average annual level of Lake Michigan and total diversion for succeeding accounting year During the demonstration program a controllable diversion rate will be established for each month calculated to establish an annual average diversion from three thousand two hundred cubic feet per second to not more than ten thousand cubic feet per second. When the level of Lake Michigan is below its average level, the total diversion for the succeeding accounting year shall not exceed three thousand two hundred cubic feet per second on an annual basis. The average level of Lake Michigan will be based upon the average monthly level for the period from 1900 to 1975. (c) River stages approaching bankfull conditions on Illinois Waterway or Mississippi River or further increased diversion adversely affecting St. Lawrence Seaway water levels: limitation on diversion When river stages approach or are predicted to approach bankfull conditions at the established flood warning stations on the Illinois Waterway or the Mississippi River, or when further increased diversion of water from Lake Michigan would adversely affect water levels necessary for navigational requirements of the Saint Lawrence Seaway in its entirety throughout the Saint Lawrence River and Great Lakes-Saint Lawrence Seaway, water shall not be diverted directly from Lake Michigan at the Wilmette, OBrien, or Chicago River control structures other than as necessary for navigational requirements. (d) Additional study and demonstration program: determination of effects on Great Lakes levels and Illinois Waterway water quality and susceptibility to additional flooding and investigation of other adverse or beneficial impacts; report and recommendations to Congress The Chief of Engineers shall conduct a study and a demonstration program to determine the effects of the increased diversion on the levels of the Great Lakes, on the water quality of the Illinois Waterway, and on the susceptibility of the Illinois Waterway to additional flooding. The study and demonstration program will also investigate any adverse or beneficial impacts which result from this section. The Chief of Engineers, at the end of five years after October 22, 1976 (e) Controllable diversion defined For purposes of this section, controllable diversion is defined as that diversion at Wilmette, OBrien, and Chicago River control structures which is not attributable to leakage or which is not necessary for navigational requirements. ( Pub. L. 94587,  166 Oct. 22, 1976 90 Stat. 2934  426l. Protection of Lake Ontario (a) Plan for shoreline protection and beach erosion control; report to Congress The Secretary of the Army, acting through the Chief of Engineers, is directed to develop a plan for shoreline protection and beach erosion control along Lake Ontario, and report on such plan to the Congress as soon as practicable. Such report shall include recommendations on measures of protection and proposals for equitable cost sharing, together with recommendations for regulating the level of Lake Ontario to assure maximum protection of the natural environment and to hold shoreline damage to a minimum. (b) Minimization of damage and erosion to Lake Ontario shoreline Until the Congress receives and acts upon the report required under subsection (a) of this section, all Federal agencies having responsibilities affecting the level of Lake Ontario shall, consistent with existing authority, make every effort to discharge such responsibilities in a manner so as to minimize damage and erosion to the shoreline of Lake Ontario. (c) Authorization of appropriations There is authorized to be appropriated to carry out this section $2,000,000. (d) Short title This section may be cited as the Lake Ontario Protection Act of 1976. ( Pub. L. 94587,  180 Oct. 22, 1976 90 Stat. 2939  426m. Collection and removal of drift and debris from publicly maintained commercial boat harbors and adjacent land and water areas (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 sponsors performance of, or failure to perform, any of its required responsibilities of cooperation for the project. Non-Fededal 1 1 (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. 94587,  202 Oct. 22, 1976 90 Stat. 2945 Pub. L. 99662, title XI,  1129(a) Nov. 17, 1986 100 Stat. 4246  Editorial Notes Amendments 1986Subsec. (f). Pub. L. 99662 Sept. 30, 1986  426n. Technical assistance to States and local governments; cost sharing (a) Upon request of the Governor of a State, or the appropriate official of local government, the Secretary is authorized to provide designs, plans, and specifications, and such other technical assistance as he deems advisable to such State or local government for its use in carrying out (1) projects for removing accumulated snags and other debris, and clearing and straightening channels in navigable streams and tributaries thereof; and (2) projects for renovating navigable streams and tributaries thereof by means of predominantly nonstructural methods judged by the Secretary to be cost effective, for the purpose of improved drainage, water quality, and habitat diversity. (b) The non-Federal share of the cost of any designs, plans, specifications or technical assistance provided under subsection (a) shall be 50 percent. ( Pub. L. 99662, title IX,  942 Nov. 17, 1986 100 Stat. 4199  Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2201 of this title  426o. Great Lakes material disposal  In planning and implementing any navigation project (including maintenance thereof) on the Great Lakes and adjacent waters, the Secretary shall consult and cooperate with concerned States in selecting disposal areas for dredged material which is suitable for beach nourishment. ( Pub. L. 99662, title XI,  1154 Nov. 17, 1986 100 Stat. 4256  Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2201 of this title  426o1. Great Lakes dredging levels adjustment (a) Definition of Great Lake In this section, the term Great Lake means Lake Superior, Lake Michigan, Lake Huron (including Lake St. Clair), Lake Erie, and Lake Ontario (including the St. Lawrence River to the 45th parallel of latitude). (b) Dredging levels In operating and maintaining Federal channels and harbors of, and the connecting channels between, the Great Lakes, the Secretary shall conduct such dredging as is necessary to ensure minimal operation depths consistent with the original authorized depths of the channels and harbors when water levels in the Great Lakes are, or are forecast to be, below the International Great Lakes Datum of 1985. ( Pub. L. 106541, title III,  343 Dec. 11, 2000 114 Stat. 2613  Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 106541 section 2201 of this title  426o2. Great Lakes navigation and protection (a) Great Lakes navigation Using available funds, the Secretary shall expedite the operation and maintenance, including dredging, of the navigation features of the Great Lakes and Connecting Channels for the purpose of supporting commercial navigation to authorized project depths. (b) Great Lakes pilot project Using available funds, the Director of the Animal and Plant Health Inspection Service, in coordination with the Secretary, the Administrator of the Environmental Protection Agency, the Commandant of the Coast Guard, and the Director of the United States Fish and Wildlife Service, shall carry out a pilot project, on an emergency basis, to control and prevent further spreading of viral hemorrhagic septicemia in the Great Lakes and Connecting Channels. (c) Great Lakes and Connecting Channels defined In this section, the term Great Lakes and Connecting Channels includes Lakes Superior, Huron, Michigan, Erie, and Ontario, all connecting waters between and among such lakes used for commercial navigation, any navigation features in such lakes or waters that are a Federal operation or maintenance responsibility, and areas of the Saint Lawrence River that are operated or maintained by the Federal Government for commercial navigation. ( Pub. L. 110114, title V,  5014 Nov. 8, 2007 121 Stat. 1195  Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 110114 section 2201 of this title  426p. Corps of Engineers (a) Technical and other assistance The Secretary of the Army may (1) provide emergency assistance to prevent or reduce damage attributable to high water levels in the Great Lakes, including provision of sandbags, sheeting, and stones and other armoring devices (taking account of flooding and erosion of other property which may be caused by such activity) but not including construction of permanent structures; (2) provide technical assistance to individuals and local governments with respect to measures to prevent or reduce such damage; and (3) compile and disseminate information on (A) water levels of the Great Lakes, (B) techniques for prevention or reduction of such damage, and (C) emergency relief available to persons who suffer economic injury attributable to high water levels in the Great Lakes. (b) Issuance of permits (1) Consideration of flooding and erosion In issuing a permit under (A)  section 403 of this title (B)  section 1344 of this title for any activity carried out with assistance under this title, the Secretary of the Army shall take account of flooding and erosion of other property which may be caused by such activity. (2) Bank stabilization (A) General rule In issuing permits under sections 403 and 1344 of this title for a project involving dredging of any portion of the Great Lakes, the Secretary of the Army shall, if feasible, encourage for bank stabilization purposes the disposal of nonhazardous compatible sand from such project on shorelines affected by erosion. (B) Consultation In carrying out subparagraph (A), the Secretary of the Army shall consult affected State and local governments. ( Pub. L. 100707, title II,  203 Nov. 23, 1988 102 Stat. 4712  Editorial Notes  References in Text This title, referred to in subsec. (b)(1), is title II of Pub. L. 100707 Nov. 23, 1988 102 Stat. 4711 Statutory Notes and Related Subsidiaries Short Title Pub. L. 100707, title II,  201 Nov. 23, 1988 102 Stat. 4711 This title [enacting this section, amending sections 3501 to 3503 of Title 16, Conservation, and enacting provisions set out as notes under this section and sections 3501 and 3505 of Title 16] may be cited as the Great Lakes Planning Assistance Act of 1988. Great Lakes Damage Assistance and Prevention; Damage Assistance Program Pub. L. 100707, title II,  202 Nov. 23, 1988 102 Stat. 4711  (a)  In General The Director is authorized to provide assistance to Great Lakes States in the establishment of State programs to reduce and prevent damage attributable to high water levels in the Great Lakes. (b)  Grants Upon application by a Great Lakes State within 1 year after the date of enactment of this Act [ Nov. 23, 1988 (1) preparation of plans for mitigation, warning, emergency operations, and emergency assistance; (2) coordination of available State and Federal assistance; (3) development and implementation of nonstructural measures to reduce or prevent damage attributable to high water levels in the Great Lakes, including establishment of setback requirements and other conditions on construction and reconstruction of public and private facilities, mapping of flooding zones, and technical assistance; and (4) assisting local governments in developing and implementing plans for nonstructural reduction and prevention of damages attributable to high water levels in the Great Lakes. (c)  Technical Assistance The Director may provide technical assistance to Great Lakes States for carrying out any activity carried out with assistance under this section. (d)  State Matching A State which receives a grant under this section shall match the grant with an amount of funds from non-Federal sources equal to 25 percent of the amount of the grant. (e)  Authorization There are authorized to be appropriated for making grants under this section not more than $2,000,000 for fiscal years beginning after September 30, 1988 Great Lakes Damage Assistance and Prevention; Definitions Pub. L. 100707, title II,  205 Nov. 23, 1988 102 Stat. 4715 Pub. L. 109295, title VI,  612(c) Oct. 4, 2006 120 Stat. 1410  For purposes of this title [see Short Title note above] (1)  Director The term Director means the Administrator of the Federal Emergency Management Agency. (2)  High water levels The term high water levels means water levels above the long-term average of water levels from 1900. (3)  Local government The term local government means a county, city, village, town, district, or other political subdivision of a Great Lakes State and an Indian tribe or authorized tribal organization. (4)  Great lakes state The term Great Lakes State means Minnesota, Wisconsin, Illinois, Ohio, Michigan, Indiana, Pennsylvania, and New York.  427 to 430. Repealed. July 31, 1945, ch. 334,  5 59 Stat. 508   Section 427, act June 26, 1936, ch. 849,  1 49 Stat. 1982  Section 428, act June 26, 1936, ch. 849,  2 49 Stat. 1982 section 4261 of this title  Section 429, act June 26, 1936, ch. 849,  3 49 Stat. 1983 section 4261 of this title  Section 430, act June 26, 1936, ch. 849,  4 49 Stat. 1983 section 4261 of this title SUBCHAPTER II OIL POLLUTION OF COASTAL WATERS  431 to 437. Repealed. Pub. L. 91224, title I,  108 Apr. 3, 1970 84 Stat. 113   Section 431, act June 7, 1924, ch. 316,  1 43 Stat. 604 Pub. L. 89753, title II,  211(a) Nov. 3, 1966 80 Stat. 1252  Section 432, act June 7, 1924, ch. 316,  2 43 Stat. 604 Pub. L. 89753, title II,  211(a) Nov. 3, 1966 80 Stat. 1252  Section 433, act June 7, 1924, ch. 316,  3 43 Stat. 605 Pub. L. 89753, title II,  211(a) Nov. 3, 1966 80 Stat. 1253  Section 434, act June 7, 1924, ch. 316,  4 43 Stat. 605 Pub. L. 89753, title II,  211(a) Nov. 3, 1966 80 Stat. 1253  Section 435, act June 7, 1924, ch. 316,  5 43 Stat. 605 July 16, 1946 60 Stat. 1097 Pub. L. 89753, title II,  211(a) Nov. 3, 1966 80 Stat. 1254  Section 436, act June 7, 1924, ch. 316,  6 Pub. L. 89753, title II,  211(a) Nov. 3, 1966 80 Stat. 1254  Section 437, act June 7, 1924, ch. 316,  7 43 Stat. 606 Pub. L. 89753, title II,  211(a) Nov. 3, 1966 80 Stat. 1254  See section 1251 et seq. of this title. SUBCHAPTER III NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND HARBOR OF BALTIMORE  441. Deposit of refuse prohibited; penalty  The placing, discharging, or depositing, by any process or in any manner, of refuse, dirt, ashes, cinders, mud, sand, dredgings, sludge, acid, or any other matter of any kind, other than that flowing from streets, sewers, and passing therefrom in a liquid state, in the waters of any harbor subject to this subchapter, within the limits which shall be prescribed by the supervisor of the harbor, is strictly forbidden, and every such act is made a misdemeanor, and every person engaged in or who shall aid, abet, authorize, or instigate a violation of this section, shall, upon conviction, be punishable by fine or imprisonment, or both, such fine to be not less than $250 nor more than $2,500, and the imprisonment to be not less than thirty days nor more than one year, either or both united, as the judge before whom conviction is obtained shall decide, one-half of said fine to be paid to the person or persons giving information which shall lead to conviction of this misdemeanor. ( June 29, 1888, ch. 496,  1 25 Stat. 209 Pub. L. 85802,  1(1) Aug. 28, 1958 72 Stat. 970  Editorial Notes Prior Provisions Section 1 of act June 29, 1888 act Aug. 5, 1886, ch. 929,  3 24 Stat. 329 It shall not be lawful to cast, throw, empty, or unlade, or cause, suffer, or procure to be cast, thrown, emptied, or unladen, either from or out of any ship, vessel, lighter, barge, boat, or other craft, or from the shore, pier, wharf, or mills of any kind whatever, any ballast, stone, slate, gravel, earth, slack, rubbish, wreck, filth, slabs, edgings, sawdust, slag or cinders or other refuse or mill-waste of any kind, into New York Harbor: Provided Amendments 1958 Pub. L. 85802 Statutory Notes and Related Subsidiaries Effective Date of 1958 Amendment Pub. L. 85802,  2 Aug. 28, 1958 72 Stat. 971 This Act [amending this section and sections 442, 446, 447, 449, 451, and 451a of this title and enacting section 451b of this title Aug. 28, 1958  442. Liability of officers of towing vessel  Any and every master and engineer, or person or persons acting in such capacity, respectively, on board of any boat or vessel, who shall knowingly engage in towing any scow, boat, or vessel loaded with any such prohibited matter to any point or place of deposit, or discharge in the waters of any harbor subject to this subchapter, or to any point or place elsewhere than within the limits defined and permitted by the supervisor of the harbor, shall be deemed guilty of a violation of section 441 of this title section 441 of this title ( June 29, 1888, ch. 496,  2 25 Stat. 209 Pub. L. 85802,  1(2) Aug. 28, 1958 72 Stat. 970  Editorial Notes Amendments 1958 Pub. L. 85802 Statutory Notes and Related Subsidiaries Effective Date of 1958 Amendment Amendment by Pub. L. 85802 Aug. 28, 1958 section 2 of Pub. L. 85802 section 441 of this title  443. Permit for dumping; penalty for taking or towing boat or scow without permit  In all cases of receiving on board of any scows or boats such forbidden matter or substance as described in section 441 of this title section 451 of this title ( June 29, 1888, ch. 496,  3 25 Stat. 209 Aug. 18, 1894, ch. 299,  3 28 Stat. 360 May 28, 1908, ch. 212,  8 35 Stat. 426  Editorial Notes Codification Section was enacted as part of section 3 of act June 29, 1888 June 29, 1888 Section 3 of act June 29, 1888  In all cases of receiving on board of any scows or boats such forbidden matter or substance as herein described, it shall be the duty of the owner or master, or person acting in such capacity, on board of such scows or boats, before proceeding to take or tow the same to the place of deposit, to apply for and obtain from the supervisor of the harbor appointed hereunder a permit defining the precise limits within which the discharge of such scows or boats may be made; and any deviation from such dumping or discharging place specified in such permit shall be a misdemeanor within the meaning of this act; and the master and engineer, or person or persons acting in such capacity, on board of any towboat towing such scows or boats, shall be equally guilty of such offense with the master or person acting in the capacity of master of the scow, and be liable to equal punishment. Section 3 was amended by act Aug. 18, 1894  In all cases of receiving on board of any scows or boats such forbidden matter or substance as herein described, the owner or master, or person acting in such capacity on board of such scows or boats, before proceeding to take or tow the same to the place of deposit, shall apply for and obtain from the supervisor of the harbor appointed hereunder a permit defining the precise limits within which the discharge of such scows or boats may be made; and it shall not be lawful for the owner or master, or person acting in such capacity, of any tug or towboat to tow or move any scow or boat so loaded with such forbidden matter until such permit shall have been obtained; and every person violating the foregoing provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than one thousand nor less than five hundred dollars, and in addition thereto the master of any tug or towboat so offending shall have his license revoked, or suspended for a term to be fixed by the judge before whom tried and convicted. And any deviation from such dumping or discharging place specified in such permit shall be a misdemeanor, and the owner and master, or person acting in the capacity of master, of any scows or boats dumping or discharging such forbidden matter in any place other than that specified in such permit shall be liable to punishment therefor as provided in section one of the said Act of June twenty-ninth, eighteen hundred and eighty-eight [ section 441 of this title section 451 of this title section 441 of this title Section 3 was further amended by act May 28, 1908, ch. 212,  8  444. Dumping at other place than designated dumping grounds; penalty; person liable; excuses for deviation  Any deviation from such dumping or discharging place specified in such permit shall be a misdemeanor, and the owner and master, or person acting in the capacity of master, of any scows or boats dumping or discharging such forbidden matter in any place other than that specified in such permit shall be liable to punishment therefor as provided in section 441 of this title section 441 of this title ( June 29, 1888, ch. 496,  3 25 Stat. 209 Aug. 18, 1894, ch. 299,  3 28 Stat. 360 May 28, 1908, ch. 212,  8 35 Stat. 426  Editorial Notes  References in Text This Act, referred to in text, is act Aug. 18, 1894, ch. 299 28 Stat. 356 Codification Section was enacted as part of section 3 of act June 29, 1888 June 29, 1888 section 443 of this title  445. Equipment and marking of boats or scows  Every scow or boat engaged in the transportation of dredgings, earth, sand, mud, cellar dirt, garbage, or other offensive material of any description shall have its name or number and owners name painted in letters and numbers at least fourteen inches long on both sides of the scow or boat; these names and numbers shall be kept distinctly legible at all times, and no scow or boat not so marked shall be used to transport or dump any such material. Each such scow or boat shall be equipped at all times with a life line or rope extending at least the length of and three feet above the deck thereof, such rope to be attached to the coaming thereof, also with a life preserver and a life buoy for each person on board thereof, also with anchor to weigh not less than two hundred and seventy-five pounds, and at least one hundred feet of cable attached thereto; a list of the names of all men employed on any such scow or boat shall be kept by the owner or master thereof and the said list shall be open to the inspection of all parties. Failure to comply with any of the foregoing provisions shall render the owner of such scow or boat liable upon conviction thereof to a penalty of not more than $500: Provided And provided further ( June 29, 1888, ch. 496,  3 25 Stat. 209 Aug. 18, 1894, ch. 299,  3 28 Stat. 360 May 28, 1908, ch. 212,  8 35 Stat. 427 Feb. 16, 1909, ch. 132 35 Stat. 623  Editorial Notes Codification Section was enacted as part of section 3 of act June 29, 1888 June 29, 1888 section 443 of this title Provisos are from act Feb. 16, 1909  446. Inspectors; appointment, powers, and duties  Each supervisor of a harbor is authorized and directed to appoint inspectors and deputy inspectors, and for the purposes of enforcing this subchapter and the Act of August 18, 1894 28 Stat. 338 First. To arrest and take into custody, with or without process, any person or persons who may commit any of the acts or offenses prohibited by this subchapter, or who may violate any of the provisions of the same: Provided And provided further Second. To go on board of any scow or towboat engaged in unlawful dumping of prohibited material, or in moving the same without a permit, as required in sections 443 to 448 of this title, or otherwise violating sections 443 to 448 of this title, and to seize and hold said boats until they are discharged by action of the magistrate judge, judge, or court of the United States before whom the offending persons are brought. Third. To arrest and take into custody any witness or witnesses to such unlawful dumping of prohibited material, the said witnesses to be released under proper bonds. Fourth. To go on board of any towboat having in tow scows or boats loaded with such prohibited material, and accompany the same to the place of dumping, whenever such action appears to be necessary to secure compliance with the requirements of this subchapter and of the Act aforesaid. Fifth. To enter gas and oil works and all other manufacturing works for the purpose of discovering the disposition made of sludge, acid, or other injurious material, whenever there is good reason to believe that such sludge, acid, or other injurious material is allowed to run into tidal waters of the harbor in violation of section 441 of this title ( June 29, 1888, ch. 496,  3 25 Stat. 209 Aug. 18, 1894, ch. 299,  3 28 Stat. 360 May 28, 1908, ch. 212,  8 35 Stat. 427 Pub. L. 85802,  1(3) Aug. 28, 1958 72 Stat. 970 Pub. L. 90578, title IV,  402(b)(2) Oct. 17, 1968 82 Stat. 1118 Pub. L. 101650, title III,  321 Dec. 1, 1990 104 Stat. 5117  Editorial Notes  References in Text Act of August 18, 1894 act Aug. 18, 1894, ch. 299 28 Stat. 356 Sections 443 to 448 of this title, referred to in the Second paragraph, were in the original this section of this Act meaning section 3 of act June 29, 1888 section 443 of this title Codification Section was enacted as part of section 3 of act June 29, 1888 June 29, 1888 section 443 of this title Amendments 1958 Pub. L. 85802 section 451 of this title Statutory Notes and Related Subsidiaries  Change of Name Magistrate judge substituted in text for magistrate pursuant to section 321 of Pub. L. 101650 section 631 of Title 28 Pub. L. 90578 Effective Date of 1958 Amendment Amendment by Pub. L. 85802 Aug. 28, 1958 section 2 of Pub. L. 85802 section 441 of this title  447. Bribery of inspector; penalty  Every person who, directly or indirectly, gives any sum of money or other bribe, present, or reward, or makes any offer of the same to any inspector, deputy inspector, or other employee of the office of any supervisor of a harbor with intent to influence such inspector, deputy inspector, or other employee to permit or overlook any violation of the provisions of this subchapter, shall, on conviction thereof, be fined not less than $500 nor more than $1,000, and be imprisoned not less than six months nor more than one year. ( June 29, 1888, ch. 496,  3 25 Stat. 209 Aug. 18, 1894, ch. 299,  3 28 Stat. 360 May 28, 1908, ch. 212,  8 35 Stat. 428 Pub. L. 85802,  1(4) Aug. 28, 1958 72 Stat. 970  Editorial Notes Codification Section was enacted as part of section 3 of act June 29, 1888 June 29, 1888 section 443 of this title Amendments 1958 Pub. L. 85802 Statutory Notes and Related Subsidiaries Effective Date of 1958 Amendment Amendment by Pub. L. 85802 Aug. 28, 1958 section 2 of Pub. L. 85802 section 441 of this title  448. Return of permit; penalty for failure to return  Every permit issued in accordance with the provisions of sections 443 to 448 of this title, which may not be taken up by an inspector or deputy inspector, shall be returned within four days after issuance to the office of the supervisor of the harbor; such permit shall bear an indorsement by the master of the towboat, or the person acting in such capacity, stating whether the permit has been used, and, if so, the time and place of dumping. Any person violating the provisions of this section shall be liable to a fine of not more than $500 nor less than $100. ( June 29, 1888, ch. 496,  3 25 Stat. 209 Aug. 18, 1894, ch. 299,  3 28 Stat. 360 May 28, 1908, ch. 212,  8 35 Stat. 428  Editorial Notes  References in Text Sections 443 to 448 of this title, referred to in text, were in the original this section of this Act, meaning section 3 of act June 29, 1888 section 443 of this title Codification Section was enacted as part of section 3 of act June 29, 1888 June 29, 1888 section 443 of this title  449. Disposition of dredged matter; persons liable; penalty  All mud, dirt, sand, dredgings, and material of every kind and description whatever taken, dredged, or excavated from any slip, basin, or shoal in any harbor subject to this subchapter, and placed on any boat, scow, or vessel for the purpose of being taken or towed upon the waters of that harbor to a place of deposit, shall be deposited and discharged at such place or within such limits as shall be defined and specified by the supervisor of the harbor, as in sections 443 to 448 of this title prescribed, and not otherwise. Every person, firm, or corporation being the owner of any slip, basin, or shoal, from which such mud, dirt, sand, dredgings, and material shall be taken, dredged, or excavated, and every person, firm, or corporation in any manner engaged in the work of dredging or excavating any such slip, basin, or shoal, or of removing such mud, dirt, sand, or dredgings therefrom, shall severally be responsible for the deposit and discharge of all such mud, dirt, sand, or dredgings at such place or within such limits so defined and prescribed by said supervisor of the harbor; and for every violation of the provisions of this section the person offending shall be guilty of an offense, and shall be punished by a fine equal to the sum of $5 for every cubic yard of mud, dirt, sand, dredgings, or material not deposited or discharged as required by this section. ( June 29, 1888, ch. 496,  4 25 Stat. 210 Pub. L. 85802,  1(5) Aug. 28, 1958 72 Stat. 970  Editorial Notes  References in Text Sections 443 to 448 of this title, referred to in text, were in the original the third section of this Act, meaning section 3 of act June 29, 1888 section 443 of this title Codification Section was enacted as part of section 4 of act June 29, 1888 Amendments 1958 Pub. L. 85802 Statutory Notes and Related Subsidiaries Effective Date of 1958 Amendment Amendment by Pub. L. 85802 Aug. 28, 1958 section 2 of Pub. L. 85802 section 441 of this title  450. Liability of vessel  Any boat or vessel used or employed in violating any provision of this subchapter, shall be liable to the pecuniary penalties imposed thereby, and may be proceeded against, summarily by way of libel in any district court of the United States having jurisdiction thereof. ( June 29, 1888, ch. 496,  4 25 Stat. 210  Editorial Notes Codification Section was enacted as part of section 4 of act June 29, 1888  451. Supervisor of harbor; appointment and duties  An officer of the Corps of Engineers shall, for each harbor subject to this subchapter, be designated by the Secretary of the Army as supervisor of the harbor, to act under the direction of the Chief of Engineers in enforcing the provisions of this subchapter, and in detecting offenders against the same. Each such officer shall have personal charge and supervision under the Chief of Engineers, and shall direct the patrol boats and other means to detect and bring to punishment offenders against the provisions of this subchapter. ( June 29, 1888, ch. 496,  5 25 Stat. 210 July 26, 1947, ch. 343 61 Stat. 501 June 29, 1949, ch. 278 63 Stat. 300 July 12, 1952, ch. 707 66 Stat. 596 Pub. L. 85802,  1(6) Aug. 28, 1958 72 Stat. 970  Editorial Notes Amendments 1958 Pub. L. 85802 1952Act July 12, 1952 1949Act June 29, 1949 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Effective Date of 1958 Amendment Amendment by Pub. L. 85802 Aug. 28, 1958 section 2 of Pub. L. 85802 section 441 of this title  451a. Harbors subject to this subchapter The following harbors shall be subject to this subchapter: (1) The harbor of New York. (2) The harbor of Hampton Roads. (3) The harbor of Baltimore. ( June 29, 1888, ch. 496,  6 25 Stat. 210 Pub. L. 85802,  1(7) Aug. 28, 1958 72 Stat. 970  Editorial Notes Amendments 1958 Pub. L. 85802 Statutory Notes and Related Subsidiaries Effective Date of 1958 Amendment Amendment by Pub. L. 85802 Aug. 28, 1958 section 2 of Pub. L. 85802 section 441 of this title  451b. Waters included within subchapter For the purposes of this subchapter (1) The term harbor of New York means the tidal waters of the harbor of New York, its adjacent and tributary waters, and those of Long Island Sound. (2) The term harbor of Hampton Roads means the tidal waters of the harbors of Norfolk, Portsmouth, Newport News, Hampton Roads, and their adjacent and tributary waters, so much of the Chesapeake Bay and its tributaries as lies within the State of Virginia, and so much of the Atlantic Ocean and its tributaries as lies within the jurisdiction of the United States within or to the east of the State of Virginia. (3) The term harbor of Baltimore means the tidal waters of the harbor of Baltimore and its adjacent and tributary waters, and so much of Chesapeake Bay and its tributaries as lies within the State of Maryland. ( June 29, 1888, ch. 496,  7 Pub. L. 85802,  1(8) Aug. 28, 1958 72 Stat. 970  Statutory Notes and Related Subsidiaries Effective Date Section effective on sixtieth day after Aug. 28, 1958 section 2 of Pub. L. 85802 section 441 of this title  452. Taking shellfish or otherwise interfering with navigation in New York Harbor channels; penalty; arrest and procedure  It shall be unlawful for any person or persons to engage in fishing or dredging for shellfish in any of the channels leading to and from the harbor of New York, or to interfere in any way with the safe navigation of those channels by ocean steamships and ships of deep draft. Any person or persons violating the foregoing provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by fine or imprisonment, or both, such fine to be not more than $250 nor less than $50, and the imprisonment to be not more than six months nor less than thirty days, either or both united, as the judge before whom conviction is obtained shall decide. It shall be the duty of the United States supervisor of the harbor to enforce this section, and the deputy inspectors of the said supervisor shall have authority to arrest and take into custody, with or without process, any person or persons, who may commit any of the acts or offenses prohibited by this section: Provided And provided further ( Aug. 18, 1894, ch. 299,  2 28 Stat. 360 Pub. L. 90578, title IV,  402(b)(2) Oct. 17, 1968 82 Stat. 1118 Pub. L. 101650, title III,  321 Dec. 1, 1990 104 Stat. 5117  Editorial Notes Codification Section was not enacted as part of act June 29, 1888, ch. 496 25 Stat. 209 Statutory Notes and Related Subsidiaries  Change of Name Magistrate judge substituted in text for magistrate pursuant to section 321 of Pub. L. 101650 section 631 of Title 28 Pub. L. 90578  453. Regulations for navigation of Ambrose Channel; exclusion of tows and sailing vessels  The Secretary of the Army is authorized to make such rules and regulations for the navigation of Ambrose Channel as he may deem necessary or expedient to insure its safe use in all kinds of weather, night and day, for all vessels under control and running under their own power, and to this end he may, in his discretion, forbid its use to tows of every description and to sailing vessels. ( Mar. 4, 1913, ch. 144,  1 37 Stat. 803 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Codification Section was not enacted as part of act June 29, 1888, ch. 496 25 Stat. 209 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  454. Consent of Congress to obstruction of waters by New York City  The consent of Congress is given to the city of New York, in the State of New York, to obstruct navigation of any river or other waterway which does not form a connecting link between other navigable waters of the United States, and lying wholly within the limits of said city, by closing all or any portion of the same or by building structures in or over the same when the said city shall be lawfully authorized to do so by the State of New York: Provided, however And provided further The right to alter, amend, or repeal this section is expressly reserved, and the United States shall incur no liability for the alteration, amendment, or repeal thereof to the city of New York, or to the owner or owners, or any other persons interested in any obstruction which shall have been constructed under its provisions. ( June 25, 1910, ch. 436 36 Stat. 866 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Codification Section was not enacted as part of act June 29, 1888, ch. 496 25 Stat. 209 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  Transfer of Functions Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title Pub. L. 89670,  6(g)(6)(A) Oct. 15, 1966 80 Stat. 941 Pub. L. 97449 section 401 of this title section 6(g)(6)(A) of Pub. L. 89670 SUBCHAPTER IV POTOMAC RIVER AND TRIBUTARIES IN DISTRICT OF COLUMBIA  461 to 464. Repealed. Mar. 3, 1901, ch. 854,  1636 31 Stat. 1434   Section 461, act May 19, 1896, ch. 208,  1 29 Stat. 126  Section 462, act May 19, 1896, ch. 208,  2 29 Stat. 127  Section 463, act May 19, 1896, ch. 208,  3 29 Stat. 127  Section 464, act May 19, 1896, ch. 208,  4 29 Stat. 127 SUBCHAPTER V NAVIGABLE WATERS OF MARYLAND  465. Authority to dredge; riparian rights of United States  Subject to the provisions of section 403 of this title Provided ( July 3, 1930, ch. 847,  12 46 Stat. 949 SUBCHAPTER VI WATER POLLUTION CONTROL  466 to 466g. Transferred  Editorial Notes Codification Sections 466 to 466g of this title were transferred to sections 1151 to 1160 of this title and were subsequently omitted in the general amendment of the Federal Water Pollution Control Act by Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 816 Section 466, acts June 30, 1948, ch. 758,  1 62 Stat. 1155 July 9, 1956, ch. 518,  1 70 Stat. 498 July 20, 1961 Pub. L. 8788,  1(a) 75 Stat. 204 Oct. 2, 1965 Pub. L. 89234,  1(a) 79 Stat. 903 May 10, 1966 80 Stat. 1608 section 1151 of this title Section 4661, act June 30, 1948, ch. 758,  2 Oct. 2, 1965 Pub. L. 89234,  2(a) 79 Stat. 903 May 10, 1966 80 Stat. 1608 Apr. 3, 1970 Pub. L. 91224, title I,  110(a) 84 Stat. 113 section 1152 of this title Section 466a, acts June 30, 1948, ch. 758,  3 62 Stat. 1155 July 9, 1956, ch. 518,  1 70 Stat. 498 July 20, 1961 Pub. L. 8788 75 Stat. 204 Oct. 2, 1965 Pub. L. 89234,  2(a) 79 Stat. 903 Nov. 3, 1966 Pub. L. 89753, title I,  101 80 Stat. 1246 section 1153 of this title Section 466b, acts June 30, 1948, ch. 758,  4 62 Stat. 1157 July 9, 1956, ch. 518,  1 70 Stat. 498 July 20, 1961 Pub. L. 8788,  1(b) 75 Stat. 204 Oct. 2, 1965 Pub. L. 89234,  2(a) 79 Stat. 903 section 1154 of this title Section 466c, acts June 30, 1948, ch. 758,  5 62 Stat. 1158 July 9, 1956, ch. 518,  1 70 Stat. 499 July 20, 1961 Pub. L. 8788 75 Stat. 204 Oct. 2, 1965 Pub. L. 89234,  2(a) 79 Stat. 903 May 10, 1966 80 Stat. 1608 Nov. 3, 1966 Pub. L. 89753, title II,  201(b) 80 Stat. 1247 Apr. 3, 1970 Pub. L. 91224, title I,  105 84 Stat. 111 section 1155 of this title Section 466c1, act June 30, 1948, ch. 758,  6 Oct. 2, 1965 Pub. L. 89234,  3 79 Stat. 905 Nov. 3, 1966 Pub. L. 89753, title II,  201(a) 80 Stat. 1246 Apr. 3, 1970 Pub. L. 91224, title I,  106 84 Stat. 113 section 1156 of this title Section 466d, acts June 30, 1948, ch. 758,  7 62 Stat. 1158 July 9, 1956, ch. 518,  1 70 Stat. 499 June 25, 1959 Pub. L. 8670,  28(a) 73 Stat. 148 July 12, 1960 Pub. L. 86624,  23(a) 74 Stat. 417 July 20, 1961 Pub. L. 8788 75 Stat. 204 Oct. 2, 1965 Pub. L. 89234 79 Stat. 903 Nov. 3, 1966 Pub. L. 89753, title II,  202 80 Stat. 1248 section 1157 of this title Section 466e, acts June 30, 1948, ch. 758,  8 62 Stat. 1158 July 9, 1956, ch. 518,  1 70 Stat. 502 July 20, 1961 Pub. L. 8788 75 Stat. 204 Oct. 2, 1965 Pub. L. 89234 79 Stat. 903 Nov. 3, 1966 Pub. L. 89753, title II 80 Stat. 12481250 Apr. 3, 1970 Pub. L. 91224, title I,  111 84 Stat. 113 section 1158 of this title Section 466f, acts June 30, 1948, ch. 758,  9 62 Stat. 1159 July 17, 1952, ch. 927 66 Stat. 755 July 9, 1956, ch. 518,  1 70 Stat. 503 July 20, 1961 Pub. L. 8788 75 Stat. 204 Oct. 2, 1965 Pub. L. 89234,  2(a) 79 Stat. 903 May 10, 1966 80 Stat. 1608 section 1159 of this title Section 466g, acts June 30, 1948, ch. 758,  10 62 Stat. 1159 July 17, 1952, ch. 927 66 Stat. 755 July 9, 1956, ch. 518,  1 70 Stat. 504 July 20, 1961 Pub. L. 8788 75 Stat. 204 Oct. 2, 1965 Pub. L. 89234 79 Stat. 903 May 10, 1966 80 Stat. 1608 Nov. 3, 1966 Pub. L. 89753, title II 80 Stat. 1250 Apr. 3, 1970 Pub. L. 91224, title I,  112 84 Stat. 114 section 1160 of this title  466g1. Controversies involving construction or application of interstate compacts and pollution of waters (a) Jurisdiction of actions by States The United States district courts shall have original jurisdiction (concurrent with that of the Supreme Court of the United States, and concurrent with that of any other court of the United States or of any State of the United States in matters in which the Supreme Court, or any other court, has original jurisdiction) of any case or controversy (1) which involves the construction or application of an interstate compact which (A) in whole or in part relates to the pollution of the waters of an interstate river system or any portion thereof, and (B) expresses the consent of the States signatory to said compact to be sued in a district court in any case or controversy involving the application or construction thereof; and (2) which involves pollution of the waters of such river system, or any portion thereof, alleged to be in violation of the provisions of said compact; and (3) in which one or more of the States signatory to said compact is a plaintiff or plaintiffs; and (4) which is within the judicial power of the United States as set forth in the Constitution of the United States. (b) Amount in controversy; residence, situs or citizenship; nature, character, or legal status of parties The district courts shall have original jurisdiction of a case or controversy such as is referred to in subsection (a) of this section, without any requirement, limitation, or regard as to the sum or value of the matter in controversy, or of the place of residence or situs or citizenship, or of the nature, character, or legal status, of any of the proper parties plaintiff or defendant in said case or controversy other than the signatory State or States plaintiff or plaintiffs referred to in paragraph (3) of subsection (a) of this section: Provided (c) Suits between States signatory to interstate compact The original jurisdiction conferred upon the district courts by this section shall include, but not be limited to, suits between States signatory to such interstate compact: Provided (d) Venue The venue of such case or controversy shall be as prescribed by law: Provided ( Pub. L. 87830,  1 Oct. 15, 1962 76 Stat. 957  Statutory Notes and Related Subsidiaries Separability Pub. L. 87830,  2 Oct. 15, 1962 76 Stat. 957 If any part or application of this Act [this section] should be declared invalid by a court of competent jurisdiction, said invalidity shall not affect the other parts, or the other applications, of said Act.  466h to 466l. Transferred  Editorial Notes Codification Sections 466h to 466 l Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 816 Section 466h, acts June 30, 1948, ch. 758,  21 62 Stat. 1160 July 9, 1956, ch. 518,  1 70 Stat. 506 July 20, 1961 Pub. L. 8788,  8 75 Stat. 210 Oct. 2, 1965 Pub. L. 89234 79 Stat. 903 May 10, 1966 80 Stat. 1608 Apr. 3, 1970 Pub. L. 91224, title I 84 Stat. 91 section 1171 of this title Section 466i, acts June 30, 1948, ch. 758,  22 62 Stat. 1160 July 9, 1956, ch. 518,  1 70 Stat. 506 July 20, 1961 Pub. L. 8788,  1(b) 75 Stat. 204 Oct. 2, 1965 Pub. L. 89234 79 Stat. 903 May 10, 1966 80 Stat. 1608 Apr. 3, 1970 Pub. L. 91224, title I 84 Stat. 91 section 1172 of this title Section 466j, acts June 30, 1948, ch. 758,  23 62 Stat. 1161 July 9, 1956, ch. 518,  1 70 Stat. 506 June 25, 1959 Pub. L. 8670,  28(b) 73 Stat. 148 July 12, 1960 Pub. L. 86624,  23(b) 74 Stat. 418 July 20, 1961 Pub. L. 8788,  9 75 Stat. 210 Oct. 2, 1965 Pub. L. 89234,  2(a) 79 Stat. 903 Nov. 3, 1966 Pub. L. 89753, title II,  209 80 Stat. 1251 Apr. 3, 1970 Pub. L. 91224, title I,  102 84 Stat. 91 section 1173 of this title Section 466k, act June 30, 1948, ch. 758,  24 July 9, 1956, ch. 518,  1 70 Stat. 506 Oct. 2, 1965 Pub. L. 89234,  2(a) 79 Stat. 903 Apr. 3, 1970 Pub. L. 91224, title I 84 Stat. 91 section 1174 of this title Section 466 l act June 30, 1948, ch. 758,  26 Nov. 3, 1966 Pub. L. 89753, title II,  210 80 Stat. 1252 Apr. 3, 1970 Pub. L. 91224, title I,  102 84 Stat. 91 section 1175 of this title  466m, 466n. Repealed. Pub. L. 91224, title I,  102 Apr. 3, 1970 84 Stat. 91   Section 466m, act June 30, 1948, ch. 758,  17 Nov. 3, 1966 Pub. L. 89753, title II,  210 80 Stat. 1252 July 1, 1967  Section 466n, act June 30, 1948, ch. 758,  18 Nov. 3, 1966 Pub. L. 89753, title II,  210 80 Stat. 1252 Jan. 30, 1968 SUBCHAPTER VII DAM INSPECTION PROGRAM  467. Definitions 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 467f2 of this title (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) United States The term United States, when used in a geographical sense, means all of the States. ( Pub. L. 92367,  2 Pub. L. 104303, title II,  215(c)(4) Oct. 12, 1996 110 Stat. 3685 Pub. L. 107310,  3(e)(2) Dec. 2, 2002 116 Stat. 2451 Pub. L. 113121, title III,  3001(a) June 10, 2014 128 Stat. 1282 Pub. L. 114322, title IV,  5006(a) Dec. 16, 2016 130 Stat. 1892 Pub. L. 116260, div. AA, title I,  132(a) Dec. 27, 2020 134 Stat. 2645  Editorial Notes Prior Provisions A prior section 467, Pub. L. 92367,  1 Aug. 8, 1972 86 Stat. 506 Pub. L. 99662, title XII,  1201(a) Nov. 17, 1986 100 Stat. 4260 Pub. L. 104303,  215(c)(1) A prior section 2 of Pub. L. 92367 section 215(c)(3) of Pub. L. 104303 section 467a of this title Amendments 2020Par. (4)(A)(iii). Pub. L. 116260,  132(a)(1)(A)(i) Par. (4)(A)(iv), (v). Pub. L. 116260,  132(a)(1)(A)(ii) (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. 116260,  132(a)(1)(B) Par. (10). Pub. L. 116260,  132(a)(2) 2016Par. (4). Pub. L. 114322,  5006(a)(2) Pars. (5) to (9). Pub. L. 114322,  5006(a)(1) Par. (10). Pub. L. 114322,  5006(a)(3) Par. (11). Pub. L. 114322,  5006(a)(1) Par. (12). Pub. L. 114322,  5006(a)(4) Pars. (13) to (16). Pub. L. 114322,  5006(a)(1) 2014 Pub. L. 113121,  3001(a)(1) Par. (1). Pub. L. 113121,  3001(a)(2)(C) Par. (2). Pub. L. 113121,  3001(a)(2)(B) Par. (3). Pub. L. 113121,  3001(a)(2)(A) 2002Par. (1). Pub. L. 107310,  3(e)(2)(A) Par. (12). Pub. L. 107310,  3(e)(2)(B) Statutory Notes and Related Subsidiaries Short Title of 2006 Amendment Pub. L. 109460,  1(a) Dec. 22, 2006 120 Stat. 3401 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. 107310,  1(a) Dec. 2, 2002 116 Stat. 2450 This Act [enacting section 467g1 of this title Short Title of 1986 Amendment Pub. L. 99662, title XII,  1206 Nov. 17, 1986 100 Stat. 4264 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. 92367,  1 Pub. L. 104303, title II,  215(c)(1) Oct. 12, 1996 110 Stat. 3685 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 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 section 542 of Title 6 Congressional Statement of Purpose; National Dam Safety Program Pub. L. 104303, title II,  215(a) Oct. 12, 1996 110 Stat. 3685 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 Effect on Other Dam Safety Programs Pub. L. 104303, title II,  215(b) Oct. 12, 1996 110 Stat. 3685 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  467a. Inspection of dams (a) In general As soon as practicable, the Secretary of the Army, acting through the Chief of Engineers, shall carry out a national program of inspection of dams for the purpose of protecting human life and property. All dams in the United States shall be inspected by the Secretary except (1) dams under the jurisdiction of the Bureau of Reclamation, the Tennessee Valley Authority, or the International Boundary and Water Commission, (2) dams which have been constructed pursuant to licenses issued under the authority of the Federal Power Act [ 16 U.S.C. 791a August 8, 1972 (b) State participation On request of a State dam safety agency, with respect to any dam the failure of which would affect the State, the head of a Federal agency shall (1) provide information to the State dam safety agency on the construction, operation, maintenance, condition, or provisions for emergency operations of the dam; or (2) allow any official of the State dam safety agency to participate in the Federal inspection of the dam. ( Pub. L. 92367,  3 Aug. 8, 1972 86 Stat. 506 Pub. L. 9591, title IV,  402(a)(1)(A) Aug. 4, 1977 91 Stat. 583 Pub. L. 104303, title II,  215(c)(3) Oct. 12, 1996 110 Stat. 3685 Pub. L. 113121, title III,  3001(b) June 10, 2014 128 Stat. 1282  Editorial Notes  References in Text The Federal Power Act, referred to in subsec. (a), is act June 10, 1920, ch. 285 41 Stat. 1063 section 791a of Title 16 Prior Provisions A prior section 3 of Pub. L. 92367 section 467b of this title Amendments 2014Subsec. (b)(1). Pub. L. 113121 1996 Pub. L. 104303 Statutory Notes and Related Subsidiaries  Transfer of Functions Federal Energy Regulatory Commission substituted in text for Federal Power Commission on authority of Pub. L. 9591, title IV,  402(a)(1)(A) Aug. 4, 1977 91 Stat. 583 section 7172(a)(1)(A) of Title 42  467b. Investigation reports to Governors  As soon as practicable after inspection of a dam, the Secretary shall notify the Governor of the State in which such dam is located the results of such investigation. In any case in which any hazardous conditions are found during an inspection, upon request by the owner, the Secretary, acting through the Chief of Engineers, may perform detailed engineering studies to determine the structural integrity of the dam, subject to reimbursement of such expense by the owner of such dam. The Secretary shall immediately notify the Governor of any hazardous conditions found during an inspection. The Secretary shall provide advice to the Governor, upon request, relating to timely remedial measures necessary to mitigate or obviate any hazardous conditions found during an inspection. ( Pub. L. 92367,  4 Aug. 8, 1972 86 Stat. 507 Pub. L. 99662, title XII,  1204 Nov. 17, 1986 100 Stat. 4263 Pub. L. 104303, title II,  215(c)(3) Oct. 12, 1996 110 Stat. 3685  Editorial Notes Prior Provisions A prior section 4 of Pub. L. 92367 section 467c of this title Amendments 1996 Pub. L. 104303 1986 Pub. L. 99662  467c. Determination of danger to human life and property  For the purpose of determining whether a dam (including the waters impounded by such dam) constitutes a danger to human life or property, the Secretary shall take into consideration the possibility that the dam might be endangered by overtopping, seepage, settlement, erosion, sediment, cracking, earth movement, earthquakes, failure of bulkheads, flashboard, gates on conduits, or other conditions which exist or which might occur in any area in the vicinity of the dam. ( Pub. L. 92367,  5 Aug. 8, 1972 86 Stat. 507 Pub. L. 104303, title II,  215(c)(3) Oct. 12, 1996 110 Stat. 3685  Editorial Notes Prior Provisions A prior section 5 of Pub. L. 92367 section 467d of this title Pub. L. 104303 Amendments 1996 Pub. L. 104303  467d. National dam inventory  The Secretary of the Army shall maintain and update information on the inventory of dams in the United States. Such inventory of dams shall include any available information assessing each dam based on inspections completed by either a Federal agency or a State dam safety agency. ( Pub. L. 92367,  6 Pub. L. 104303, title II,  215(c)(8) Oct. 12, 1996 110 Stat. 3687 Pub. L. 109460,  1(b) Dec. 22, 2006 120 Stat. 3401  Editorial Notes Prior Provisions A prior section 467d, Pub. L. 92367,  5 Aug. 8, 1972 86 Stat. 507 July 1, 1974 Pub. L. 104303, title II,  215(c)(2) Oct. 12, 1996 110 Stat. 3685 A prior section 6 of Pub. L. 92367 section 467e of this title Pub. L. 104303 Amendments 2006 Pub. L. 109460  467e. Interagency Committee on Dam Safety (a) Establishment There is established an Interagency Committee on Dam Safety (1) comprised of a representative of each of the Department of Agriculture, the Department of Defense, the Department of Energy, the Department of the Interior, the Department of Labor, FEMA, the Federal Energy Regulatory Commission, the Nuclear Regulatory Commission, the Tennessee Valley Authority, and the United States Section of the International Boundary Commission; and (2) chaired by the Administrator. (b) Duties ICODS shall encourage the establishment and maintenance of effective Federal programs, policies, and guidelines intended to enhance dam safety for the protection of human life and property through coordination and information exchange among Federal agencies concerning implementation of the Federal Guidelines for Dam Safety. ( Pub. L. 92367,  7 Pub. L. 104303, title II,  215(c)(8) Oct. 12, 1996 110 Stat. 3687 Pub. L. 107310,  2 Dec. 2, 2002 116 Stat. 2450 Pub. L. 113121, title III,  3001(a)(1) June 10, 2014 128 Stat. 1282  Editorial Notes Prior Provisions A prior section 467e, Pub. L. 92367,  6 Aug. 8, 1972 86 Stat. 507 Pub. L. 104303, title II,  215(c)(2) Oct. 12, 1996 110 Stat. 3685 A prior section 7 of Pub. L. 92367 section 467f of this title Pub. L. 104303 Amendments 2014Subsec. (a)(2). Pub. L. 113121 2002Subsec. (b). Pub. L. 107310 (1) coordination and information exchange among Federal agencies and State dam safety agencies; and (2) coordination and information exchange among Federal agencies concerning implementation of the Federal Guidelines for Dam Safety. Statutory Notes and Related Subsidiaries  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 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 section 542 of Title 6  467f. National dam safety program (a) In general The Administrator, in consultation with ICODS and State dam safety agencies, and the Board shall establish and maintain, in accordance with this section, a coordinated national dam safety program. The Program shall (1) be administered by FEMA to achieve the objectives set forth in subsection (c); (2) involve, to the extent appropriate, each Federal agency; and (3) include (A) each of the components described in subsection (d); (B) the strategic plan described in subsection (b); and (C) assistance for State dam safety programs described in subsection (e). (b) Duties The Administrator shall prepare a strategic plan (1) to establish goals, priorities, performance measures, and target dates toward effectively administering this subchapter in order to improve the safety of dams in the United States; and (2) to the extent feasible, to establish cooperation and coordination with, and assistance to, interested governmental entities in all States. (c) Objectives The objectives of the Program are to (1) ensure that new and existing dams are safe through the development of technologically and economically feasible programs and procedures for national dam safety hazard reduction; (2) encourage acceptable engineering policies and procedures to be used for dam site investigation, design, construction, operation and maintenance, and emergency preparedness; (3) encourage the establishment and implementation of effective dam safety programs in each State based on State standards; (4) develop and implement a comprehensive dam safety hazard education and public awareness initiative to assist the public in preparing for, mitigating, responding to, and recovering from dam incidents; (5) develop technical assistance materials for Federal and non-Federal dam safety programs; (6) develop mechanisms with which to provide Federal technical assistance for dam safety to the non-Federal sector; and (7) develop technical assistance materials, seminars, and guidelines to improve security for dams in the United States. (d) Components (1) In general The Program shall consist of (A) a Federal element and a non-Federal element; and (B) leadership activity, technical assistance activity, and public awareness activity. (2) Elements (A) Federal The Federal element shall incorporate the activities and practices carried out by Federal agencies under section 467e of this title (B) Non-Federal The non-Federal element shall consist of (i) the activities and practices carried out by States, local governments, and the private sector to safely build, regulate, operate, and maintain dams; and (ii) Federal activities that foster State efforts to develop and implement effective programs for the safety of dams. (3) Functional activities (A) Leadership The leadership activity shall be the responsibility of FEMA and shall be exercised by chairing the Board to coordinate national efforts to improve the safety of the dams in the United States. (B) Technical assistance The technical assistance activity shall consist of the transfer of knowledge and technical information among the Federal and non-Federal elements described in paragraph (2). (C) Public awareness The public awareness activity shall provide for the education of the public, including State and local officials, in the hazards of dam failure, methods of reducing the adverse consequences of dam failure, and related matters. (e) Assistance for State dam safety programs (1) In general To encourage the establishment and maintenance of effective State programs intended to ensure dam safety, to protect human life and property, and to improve State dam safety programs, the Administrator shall provide assistance with amounts made available under section 467j 1 1 (2) Criteria and budgeting requirement For a State to be eligible for assistance under this subsection, a State dam safety program must be working toward meeting the following criteria and budgeting requirement: (A) Criteria A State dam safety program must be authorized by State legislation to include, at a minimum (i) the authority to review and approve plans and specifications to construct, enlarge, modify, remove, and abandon dams; (ii) the authority to perform periodic inspections during dam construction to ensure compliance with approved plans and specifications; (iii) a requirement that, on completion of dam construction, State approval must be given before operation of the dam; (iv) the authority to require or perform periodic evaluations of all dams and reservoirs to determine the extent of the threat to human life and property in case of failure; (v) (I) the authority to require or perform the inspection, at least once every 5 years, of all dams and reservoirs that would pose a significant threat to human life and property in case of failure to determine the continued safety of the dams and reservoirs; and (II) a procedure for more detailed and frequent safety inspections; (vi) a requirement that all inspections be performed under the supervision of a State-registered professional engineer with related experience in dam design and construction; (vii) the authority to issue notices, when appropriate, to require owners of dams to perform necessary maintenance or remedial work, install and monitor instrumentation, improve security, revise operating procedures, or take other actions, including breaching dams when necessary; (viii) regulations for carrying out the legislation of the State described in this subparagraph; (ix) provision for necessary funds (I) to ensure timely repairs or other changes to, or removal of, a dam in order to protect human life and property; and (II) if the owner of the dam does not take action described in subclause (I), to take appropriate action as expeditiously as practicable; (x) a system of emergency procedures to be used if a dam fails or if the failure of a dam is imminent; and (xi) an identification of (I) each dam the failure of which could be reasonably expected to endanger human life; (II) the maximum area that could be flooded if the dam failed; and (III) necessary public facilities that would be affected by the flooding. (B) Budgeting requirement For a State to be eligible for assistance under this subsection, State appropriations must be budgeted to carry out the legislation of the State under subparagraph (A). (3) Work plans The Administrator shall enter into a 2 2 (4) Maintenance of effort Assistance may not be provided to a State under this subsection for a fiscal year unless the State enters into such agreement with the Administrator as the Administrator requires to ensure that the State will maintain the aggregate expenditures of the State from all other sources for programs to ensure dam safety for the protection of human life and property at or above a level equal to the average annual level of such expenditures for the 2 fiscal years preceding the fiscal year. (5) Approval of programs (A) Submission For a State to be eligible for assistance under this subsection, a plan for a State dam safety program shall be submitted to the Administrator for approval. (B) Approval A State dam safety program shall be deemed to be approved 120 days after the date of receipt by the Administrator unless the Administrator determines within the 120-day period that the State dam safety program fails to meet the requirements of paragraphs (1) through (3). (C) Notification of disapproval If the Administrator determines that a State dam safety program does not meet the requirements for approval, the Administrator shall immediately notify the State in writing and provide the reasons for the determination and the changes that are necessary for the plan to be approved. (6) Review of State dam safety programs Using the expertise of the Board, the Administrator shall periodically review State dam safety programs. If the Board finds that a State dam safety program has proven inadequate to reasonably protect human life and property and the Administrator concurs, the Administrator shall revoke approval of the State dam safety program, and withhold assistance under this subsection, until the State dam safety program again meets the requirements for approval. (f) Board (1) Establishment The Administrator shall establish an advisory board to be known as the National Dam Safety Review Board to monitor the safety of dams in the United States, to monitor State implementation of this section, and to advise the Administrator on national dam safety policy. (2) Authority The Board may use the expertise of Federal agencies and enter into contracts for necessary studies to carry out this section. (3) Voting membership The Board shall consist of 11 voting members selected by the Administrator for expertise in dam safety, of whom (A) 1 member shall represent the Department of Agriculture; (B) 1 member shall represent the Department of Defense; (C) 1 member shall represent the Department of the Interior; (D) 1 member shall represent FEMA; (E) 1 member shall represent the Federal Energy Regulatory Commission; (F) 5 members shall be selected by the Administrator from among State dam safety officials; and (G) 1 member shall be selected by the Administrator to represent the private sector. (4) Nonvoting membership The Administrator, in consultation with the Board, may invite a representative of the National Laboratories of the Department of Energy and may invite representatives from Federal or State agencies, representatives from nongovernmental organizations, or dam safety experts, as needed, to participate in meetings of the Board. (5) Duties (A) In general The Board shall encourage the establishment and maintenance of effective programs, policies, and guidelines to enhance dam safety for the protection of human life and property throughout the United States. (B) Coordination and information exchange among agencies In carrying out subparagraph (A), the Board shall encourage coordination and information exchange among Federal and State dam safety agencies that share common problems and responsibilities for dam safety, including planning, design, construction, operation, emergency action planning, inspections, maintenance, regulation or licensing, technical or financial assistance, research, and data management. (6) Work groups The Administrator may establish work groups under the Board to assist the Board in accomplishing its goals. The work groups shall consist of members of the Board and other individuals selected by the Administrator. (7) Compensation of members (A) Federal employees Each member of the Board who is an officer or employee of the United States shall serve without compensation in addition to compensation received for the services of the member as an officer or employee of the United States. (B) Other members Each member of the Board who is not an officer or employee of the United States shall serve without compensation. (8) Travel expenses (A) Representatives of Federal agencies To the extent amounts are made available in advance in appropriations Acts, each member of the Board who represents a Federal agency shall be reimbursed of appropriations for travel expenses by his or her agency, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, while away from the home or regular place of business of the member in the performance of services for the Board. (B) Other individuals To the extent amounts are made available in advance in appropriations Acts, each member of the Board who represents a State agency, the member of the Board who represents the private sector, and each member of a work group created under paragraph (1) shall be reimbursed for travel expenses by FEMA, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, while away from home or regular place of business of the member in performance of services for the Board. (9) Applicability of chapter 10 of title 5 Chapter 10 of title 5 shall not apply to the Board. ( Pub. L. 92367,  8 Pub. L. 104303, title II,  215(c)(8) Oct. 12, 1996 110 Stat. 3688 Pub. L. 107310,  3(a) Dec. 2, 2002 116 Stat. 2450 Pub. L. 109460,  1(c) Dec. 22, 2006 120 Stat. 3401 Pub. L. 113121, title III,  3001(a)(1) June 10, 2014 128 Stat. 1282 Pub. L. 117286,  4(a)(198) Dec. 27, 2022 136 Stat. 4327  Editorial Notes  References in Text Section 467j of this title section 13 of Pub. L. 92367 Pub. L. 113121,  3001(d)(1) Prior Provisions A prior section 467f, Pub. L. 92367,  7 Pub. L. 99662, title XII,  1201(b) Nov. 17, 1986 100 Stat. 4260 Pub. L. 102580, title II,  209(a) Oct. 31, 1992 106 Stat. 4830 Pub. L. 104303, title II,  215(c)(2) Oct. 12, 1996 110 Stat. 3685 A prior section 8 of Pub. L. 92367 section 467g of this title Pub. L. 104303 Amendments 2022Subsec. (f)(9). Pub. L. 117286 2014 Pub. L. 113121,  3001(a)(1) Subsec. (c)(4). Pub. L. 113121,  3001(c)(1) Subsec. (f)(4). Pub. L. 113121,  3001(c)(2) 2006Subsec. (b)(1). Pub. L. 109460,  1(c)(1) Subsec. (e)(2)(A). Pub. L. 109460,  1(c)(2)(A) Subsec. (e)(2)(A)(iv) to (vi). Pub. L. 109460,  1(c)(2)(B) Subsec. (e)(2)(A)(vii). Pub. L. 109460,  1(c)(2)(B) Subsec. (e)(2)(A)(viii) to (xi). Pub. L. 109460,  1(c)(2)(B) 2002Subsec. (a)(3)(B). Pub. L. 107310,  3(a)(1) Subsec. (a)(3)(C). Pub. L. 107310,  3(a)(2) Subsec. (b). Pub. L. 107310,  3(b) (1) not later than 270 days after October 12, 1996 (2) not later than 300 days after October 12, 1996 (3) by regulation, not later than 360 days after October 12, 1996 (A) develop and implement the Program; (B) establish goals, priorities, and target dates for implementation of the Program; and (C) to the extent feasible, provide a method for cooperation and coordination with, and assistance to, interested governmental entities in all States. Subsec. (c)(7). Pub. L. 107310,  3(c) Subsec. (d)(3)(A). Pub. L. 107310,  3(d) Subsec. (e). Pub. L. 107310,  3(e)(1) (1) develop an implementation plan for the Program that shall set, through fiscal year 2002, year-by-year targets that demonstrate improvements in dam safety; and (2) recommend appropriate roles for Federal agencies and for State and local units of government, individuals, and private organizations in carrying out the implementation plan. Subsec. (e)(1). Pub. L. 107310,  3(f)(1) section 467j of this title section 467j of this title (A) in accordance with the criteria specified in paragraph (2); and (B) in accordance with more advanced requirements and standards established by the Board and the Director with the assistance of established criteria such as the Model State Dam Safety Program published by FEMA, numbered 123 and dated April 1987, and amendments to the Model State Dam Safety Program. Subsec. (e)(2). Pub. L. 107310,  3(f)(2)(A) Subsec. (e)(2)(A). Pub. L. 107310,  3(f)(2)(B)(i) Subsec. (e)(2)(A)(vi). Pub. L. 107310,  3(f)(2)(B)(ii) Subsec. (e)(3). Pub. L. 107310,  3(f)(3) Subsec. (f). Pub. L. 107310,  3(e)(1) Subsec. (f)(1). Pub. L. 107310,  3(g)(1) Subsec. (f)(3). Pub. L. 107310,  3(g)(2)(A) Subsec. (f)(3)(F), (G). Pub. L. 107310,  3(g)(2)(C) (F) 5 members shall be selected by the Director from among dam safety officials of States; and (G) 1 member shall be selected by the Director to represent the United States Committee on Large Dams. Subsec. (f)(4) to (6). Pub. L. 107310,  3(g)(3)(B) Subsec. (f)(7). Pub. L. 107310,  3(g)(3)(A) Subsec. (f)(8). Pub. L. 107310,  3(g)(4) Pub. L. 107310,  3(g)(3)(A) Subsec. (f)(9). Pub. L. 107310,  3(g)(3)(A) Subsec. (g). Pub. L. 107310,  3(e)(1) Subsec. (h). Pub. L. 107310,  3(e)(1) Statutory Notes and Related Subsidiaries  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 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 section 542 of Title 6  467f1. Lock and dam security (a) Standards The Secretary, in consultation with the Federal Emergency Management Agency, the Tennessee Valley Authority, and the Coast Guard, shall develop standards for the security of locks and dams, including the testing and certification of vessel exclusion barriers. (b) Site surveys At the request of a lock or dam owner, the Secretary shall provide technical assistance, on a reimbursable basis, to improve lock or dam security. (c) Cooperative agreement The Secretary may enter into a cooperative agreement with a nonprofit alliance of public and private organizations that has the mission of promoting safe waterways and seaports to carry out testing and certification activities, and to perform site surveys, under this section. (d) Authorization of appropriations There is authorized to be appropriated $3,000,000 to carry out this section. ( Pub. L. 110114, title V,  5024 Nov. 8, 2007 121 Stat. 1203  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the National Dam Safety Program Act which comprises this subchapter. Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 110114 section 2201 of this title  467f2. Rehabilitation of high hazard potential dams (a) Establishment of program The Administrator shall establish, within FEMA, a program to provide technical, planning, design, and construction assistance in the form of grants to States with dam safety programs for rehabilitation of eligible high hazard potential dams. (b) Eligible activities A grant awarded under this section to a State may be used by the State to award grants to eligible subrecipients for (1) repair; (2) removal; or (3) any other structural or nonstructural measures to rehabilitate an eligible high hazard potential dam. (c) Award of grants (1) Application (A) In general A State interested in receiving a grant under this section may submit to the Administrator an application for the grant. (B) Requirements An application submitted to the Administrator under this section shall be submitted at such time, be in such form, and contain such information as the Administrator may prescribe by regulation. (2) Grant (A) In general The Administrator may make a grant in accordance with this section for rehabilitation of eligible high hazard potential dams to a State that submits an application for the grant in accordance with the regulations prescribed by the Administrator. (B) Grant agreement The Administrator shall enter into a grant agreement with the State to establish the terms of the grant and the projects for which the grant is awarded, including the amount of the grant. (C) Grant assurance As part of a grant agreement under subparagraph (B), the Administrator shall require that each eligible subrecipient to which the State awards a grant under this section provides an assurance, with respect to the dam to be rehabilitated by the eligible subrecipient, that the dam owner will carry out a plan for maintenance of the dam during the expected life of the dam. (D) Limitation A State may not award a grant to an eligible subrecipient under this section that exceeds, for any 1 dam, the lesser of (i) 12.5 percent of the total amount of funds made available to carry out this section; or (ii) $7,500,000. (d) Requirements (1) Approval A grant awarded under this section to an eligible subrecipient for a project shall be approved by the relevant State dam safety agency. (2) Eligible subrecipient requirements To receive a grant under this section, an eligible subrecipient shall, with respect to the dam to be rehabilitated by the eligible subrecipient (A) demonstrate that the community in which the dam is located participates in, and complies with, all applicable Federal flood insurance programs, including demonstrating that such community is participating in the National Flood Insurance Program, and is not on probation, suspended, or withdrawn from such Program; (B) beginning not later than 2 years after the date on which the Administrator publishes criteria for hazard mitigation plans under paragraph (3), demonstrate that the Tribal or local government with jurisdiction over the area in which the dam is located has in place a hazard mitigation plan that (i) includes all dam risks; and (ii) complies with the Disaster Mitigation Act of 2000 ( Public Law 106390 114 Stat. 1552 (C) commit to provide operation and maintenance of the project for the expected life of the dam following completion of rehabilitation; (D) comply with such minimum eligibility requirements as the Administrator may establish to ensure that each owner and operator of a dam under a participating State dam safety program and that receives assistance under this section (i) acts in accordance with the State dam safety program; and (ii) carries out activities relating to the public in the area around the dam in accordance with the hazard mitigation plan described in subparagraph (B); and (E) comply with section 5196(j)(9) of title 42 December 16, 2016 (3) Hazard mitigation plan criteria Not later than 1 year after December 27, 2020 (e) Floodplain management plans (1) In general As a condition of receipt of assistance under this section, an eligible subrecipient shall demonstrate that a floodplain management plan to reduce the impacts of future flood events in the area protected by the project (A) is in place; or (B) will be (i) developed not later than 2 years after the date of execution of a project agreement for assistance under this section; and (ii) implemented not later than 2 years after the date of completion of construction of the project. (2) Inclusions A plan under paragraph (1) shall address (A) potential measures, practices, and policies to reduce loss of life, injuries, damage to property and facilities, public expenditures, and other adverse impacts of flooding in the area protected by the project; (B) plans for flood fighting and evacuation; and (C) public education and awareness of flood risks. (3) Plan criteria and technical support The Administrator, in consultation with the Board, shall provide criteria, and may provide technical support, for the development and implementation of floodplain management plans prepared under this subsection. (f) Priority system The Administrator, in consultation with the Board, shall develop a risk-based priority system for use in identifying eligible high hazard potential dams for which grants may be made under this section. (g) Funding (1) Cost sharing (A) In general Any assistance provided under this section for a project shall be subject to a non-Federal cost-sharing requirement of not less than 35 percent. (B) In-kind contributions The non-Federal share under subparagraph (A) may be provided in the form of in-kind contributions. (2) Allocation of funds The total amount of funds made available to carry out this section for each fiscal year shall be distributed as follows: (A) Equal distribution 13 shall be distributed equally among the States in which the projects for which applications are submitted under subsection (c)(1) are located. (B) Need-based 23 shall be distributed among the States in which the projects for which applications are submitted under subsection (c)(1) are located based on the proportion that (i) the number of eligible high hazard potential dams in the State; bears to (ii) the number of eligible high hazard potential dams in all such States. (h) Use of funds None of the funds provided in the form of a grant or otherwise made available under this section shall be used (1) to rehabilitate a Federal dam; (2) to perform routine operation or maintenance of a dam; (3) to modify a dam to produce hydroelectric power; (4) to increase water supply storage capacity; or (5) to make any other modification to a dam that does not also improve the safety of the dam. (i) Contractual requirements (1) In general Subject to paragraph (2), as a condition on the receipt of a grant under this section of an amount greater than $1,000,000, an eligible subrecipient that receives the grant shall require that each contract and subcontract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, and related services entered into using funds from the grant be awarded in the same manner as a contract for architectural and engineering services is awarded under (A) chapter 11 of title 40; or (B) an equivalent qualifications-based requirement prescribed by the relevant State. (2) No proprietary interest A contract awarded in accordance with paragraph (1) shall not be considered to confer a proprietary interest upon the United States. (j) Authorization of appropriations There are authorized to be appropriated to carry out this section (1) $10,000,000 for fiscal years 2017 and 2018; (2) $25,000,000 for fiscal year 2019; (3) $40,000,000 for fiscal year 2020; and (4) $60,000,000 for each of fiscal years 2021 through 2026. ( Pub. L. 92367,  8A Pub. L. 114322, title IV,  5006(b) Dec. 16, 2016 130 Stat. 1893 Pub. L. 116260, div. AA, title I,  132(b) Dec. 27, 2020 134 Stat. 2645  Editorial Notes  References in Text The Disaster Mitigation Act of 2000, referred to in subsec. (d)(2)(B)(ii), is Pub. L. 106390 Oct. 30, 2000 114 Stat. 1552 section 5121 of Title 42 Amendments 2020Subsec. (a). Pub. L. 116260,  132(b)(1) Subsec. (b). Pub. L. 116260,  132(b)(2) Subsec. (c)(1)(A). Pub. L. 116260,  132(b)(3)(A) Subsec. (c)(2)(A). Pub. L. 116260,  132(b)(3)(B)(i) Subsec. (c)(2)(B). Pub. L. 116260,  132(b)(3)(B)(ii) Subsec. (c)(2)(C). Pub. L. 116260,  132(b)(3)(B)(iii) Subsec. (c)(2)(D). Pub. L. 116260,  132(b)(3)(B)(iv) Subsec. (d)(1). Pub. L. 116260,  132(b)(4)(A) Subsec. (d)(2). Pub. L. 116260,  132(b)(4)(B)(i) Subsec. (d)(2)(A). Pub. L. 116260,  132(b)(4)(B)(iii) Subsec. (d)(2)(B). Pub. L. 116260,  132(b)(4)(B)(iv) Subsec. (d)(2)(C). Pub. L. 116260,  132(b)(4)(B)(v) Subsec. (d)(3). Pub. L. 116260,  132(b)(4)(C) Subsec. (e)(1). Pub. L. 116260,  132(b)(5)(A)(i) Subsec. (e)(1)(B). Pub. L. 116260,  132(b)(5)(A)(ii) Subsec. (e)(3). Pub. L. 116260,  132(b)(5)(B) Subsec. (i)(1). Pub. L. 116260,  132(b)(6) Statutory Notes and Related Subsidiaries Rulemaking Pub. L. 114322, title IV,  5006(c) Dec. 16, 2016 130 Stat. 1896  (1)  Proposed rulemaking Not later than 90 days after the date of enactment of this Act [ Dec. 16, 2016 33 U.S.C. 467 (2)  Final rule Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall promulgate a final rule regarding the amendments described in paragraph (1). Rehabilitation of Corps of Engineers Constructed Dams Pub. L. 114322, title I,  1177 Dec. 16, 2016 130 Stat. 1674 Pub. L. 115270, title I,  1132 Oct. 23, 2018 132 Stat. 3781 Pub. L. 116260, div. AA, title III,  305 Dec. 27, 2020 134 Stat. 2703 Pub. L. 117263, div. H, title LXXXI,  8370 Dec. 23, 2022 136 Stat. 3806  (a)  In General If the Secretary [of the Army] determines that the project is feasible, the Secretary may carry out a project for the rehabilitation of a dam described in subsection (b). (b)  Eligible Dams A dam eligible for assistance under this section is a dam (1) that has been constructed, in whole or in part, by the Corps of Engineers for flood control purposes; (2) for which construction was completed before 1940; (3) that is classified as high hazard potential by the State dam safety agency of the State in which the dam is located; and (4) that is operated by a non-Federal entity. (c)  Cost Sharing Non-Federal interests shall provide 35 percent of the cost of construction of any project carried out under this section, including provision of all land, easements, rights-of-way, and necessary relocations. (d)  Agreements Construction of a project under this section shall be initiated only after a non-Federal interest has entered into a binding agreement with the Secretary [of the Army] (1) to pay the non-Federal share of the costs of construction under subsection (c); and (2) to pay 100 percent of any operation, maintenance, and replacement and rehabilitation costs with respect to the project in accordance with regulations prescribed by the Secretary. (e)  Cost Limitation The Secretary shall not expend more than $60,000,000 for a project at any single dam under this section. (f)  Funding There is authorized to be appropriated to carry out this section $60,000,000 for each of fiscal years 2017 through 2026. (g)  Special Rule Notwithstanding subsection (c), the non-Federal share of the cost of the project for rehabilitation of Waterbury Dam, Washington County, Vermont, under this section, including the cost of any required study, shall be the same share assigned to the non-Federal interest for the cost of initial construction of the Waterbury Dam.  467g. Research (a) In general The Administrator, in cooperation with the Board, shall carry out a program of technical and archival research to develop and support (1) improved techniques, historical experience, and equipment for rapid and effective dam construction, rehabilitation, and inspection; (2) devices for the continued monitoring of the safety of dams; (3) development and maintenance of information resources systems needed to support managing the safety of dams; and (4) initiatives to guide the formulation of effective public policy and advance improvements in dam safety engineering, security, and management. (b) Consultation The Administrator shall provide for State participation in research under subsection (a) and periodically advise all States and Congress of the results of the research. ( Pub. L. 92367,  9 Pub. L. 104303, title II,  215(c)(8) Oct. 12, 1996 110 Stat. 3692 Pub. L. 107310,  4 Dec. 2, 2002 116 Stat. 2453 Pub. L. 113121, title III,  3001(a)(1) June 10, 2014 128 Stat. 1282  Editorial Notes Prior Provisions A prior section 467g, Pub. L. 92367,  8 Pub. L. 99662, title XII,  1201(b) Nov. 17, 1986 100 Stat. 4261 Pub. L. 104303, title II,  215(c)(2) Oct. 12, 1996 110 Stat. 3685 A prior section 9 of Pub. L. 92367 section 467h of this title Pub. L. 104303 Amendments 2014 Pub. L. 113121 2002Subsec. (a). Pub. L. 107310,  4(1) Subsec. (a)(3), (4). Pub. L. 107310,  4(2)  467g1. Dam safety training  At the request of any State that has or intends to develop a State dam safety program, the Administrator shall provide training for State dam safety staff and inspectors. ( Pub. L. 92367,  10 Pub. L. 107310,  5(2) Dec. 2, 2002 116 Stat. 2453 Pub. L. 113121, title III,  3001(a)(1) June 10, 2014 128 Stat. 1282  Editorial Notes Prior Provisions A prior section 10 of Pub. L. 92367 section 467h of this title Another prior section 10 of Pub. L. 92367 section 467i of this title Pub. L. 104303 Amendments 2014 Pub. L. 113121  467g2. Public awareness and outreach for dam safety  The Administrator, in consultation with other Federal agencies, State and local governments, dam owners, the emergency management community, the private sector, nongovernmental organizations and associations, institutions of higher education, and any other appropriate entities shall, subject to the availability of appropriations, carry out a nationwide public awareness and outreach initiative to assist the public in preparing for, mitigating, responding to, and recovering from dam incidents. ( Pub. L. 92367,  11 Pub. L. 113121, title III,  3001(d)(2) June 10, 2014 128 Stat. 1283  Editorial Notes Prior Provisions A prior section 11 of Pub. L. 92367 section 467h of this title Another prior section 11 of Pub. L. 92367 section 467j of this title Pub. L. 104303  467h. Reports Not later than 90 days after the end of each odd-numbered fiscal year, the Administrator shall submit a report to Congress that (1) describes the status of the Program; (2) describes the progress achieved by Federal agencies during the 2 preceding fiscal years in implementing the Federal Guidelines for Dam Safety; (3) describes the progress achieved in dam safety by States participating in the Program; and (4) includes any recommendations for legislative and other action that the Administrator considers necessary. ( Pub. L. 92367,  12 Pub. L. 104303, title II,  215(c)(8) Oct. 12, 1996 110 Stat. 3692 Pub. L. 107310 Dec. 2, 2002 116 Stat. 2453 Pub. L. 113121, title III,  3001(a)(1) June 10, 2014 128 Stat. 1282  Editorial Notes Prior Provisions A prior section 467h, Pub. L. 92367,  9 Pub. L. 99662, title XII,  1201(b) Nov. 17, 1986 100 Stat. 4262 Pub. L. 104303, title II,  215(c)(2) Oct. 12, 1996 110 Stat. 3685 A prior section 12 of Pub. L. 92367 section 467i of this title Another prior section 12 of Pub. L. 92367 section 467k of this title Pub. L. 104303 Amendments 2014 Pub. L. 113121,  3001(a)(1) 2002 Pub. L. 107310,  6 October 12, 1996  467i. Statutory construction Nothing in this subchapter and no action or failure to act under this subchapter shall (1) create any liability in the United States or its officers or employees for the recovery of damages caused by such action or failure to act; (2) relieve an owner or operator of a dam of the legal duties, obligations, or liabilities incident to the ownership or operation of the dam; or (3) preempt any other Federal or State law. ( Pub. L. 92367,  13 Pub. L. 104303, title II,  215(c)(8) Oct. 12, 1996 110 Stat. 3693 Pub. L. 107310,  5(1) Dec. 2, 2002 116 Stat. 2453 Pub. L. 113121, title III,  3001(d)(1) June 10, 2014 128 Stat. 1283  Editorial Notes Prior Provisions A prior section 467i, Pub. L. 92367,  10 Pub. L. 99662, title XII,  1201(b) Nov. 17, 1986 100 Stat. 4262 Pub. L. 104303, title II,  215(c)(2) Oct. 12, 1996 110 Stat. 3685 A prior section 13 of Pub. L. 92367 section 467j of this title Another prior section 13 of Pub. L. 92367 l Pub. L. 104303  467j. Authorization of appropriations (a) National dam safety program (1) Annual amounts There are authorized to be appropriated to FEMA to carry out sections 467e, 467f, and 467h of this title (in addition to any amounts made available for similar purposes included in any other Act and amounts made available under subsections (b) through (e)), $9,200,000 for each of fiscal years 2019 through 2023, to remain available until expended. (2) Allocation (A) In general Subject to subparagraphs (B) and (C), for each fiscal year, amounts made available under this subsection to carry out section 467f of this title (i) One-third among States that qualify for assistance under section 467f(e) of this title (ii) Two-thirds among States that qualify for assistance under section 467f(e) of this title (I) the number of dams in the State that are listed as State-regulated dams on the inventory of dams maintained under section 467d of this title (II) the number of dams in all States that are listed as State-regulated dams on the inventory of dams maintained under section 467d of this title (B) Maximum amount of allocation (i) In general The amount of funds allocated to a State under this paragraph may not exceed 50 percent of the reasonable cost of implementing the State dam safety program. (ii) Fiscal year 2015 and subsequent fiscal years For fiscal year 2015 and each subsequent fiscal year, the amount of funds allocated to a State under this paragraph may not exceed the amount of funds committed by the State to implement dam safety activities. (C) Determination The Administrator and the Board shall determine the amount allocated to States. (b) National dam inventory There is authorized to be appropriated to carry out section 467d of this title (c) Public awareness There is authorized to be appropriated to carry out section 467g2 of this title (d) Research There is authorized to be appropriated to carry out section 467g of this title (e) Dam safety training There is authorized to be appropriated to carry out section 467g1 of this title (f) Staff There is authorized to be appropriated to FEMA for the employment of such additional staff personnel as are necessary to carry out sections 467f through 467g1 of this title $1,000,000 for each of fiscal years 2019 through 2023. (g) Limitation on use of amounts Amounts made available under this subchapter may not be used to construct or repair any Federal or non-Federal dam. ( Pub. L. 92367,  14 Pub. L. 104303, title II,  215(c)(8) Oct. 12, 1996 110 Stat. 3693 Pub. L. 107310 Dec. 2, 2002 116 Stat. 2453 Pub. L. 109460,  1(d) Dec. 22, 2006 120 Stat. 3401 Pub. L. 113121, title III,  3001(a)(1) June 10, 2014 128 Stat. 12821284 Pub. L. 115270, title I,  1163 Oct. 23, 2018 132 Stat. 3796  Editorial Notes Prior Provisions A prior section 467j, Pub. L. 92367,  11 Pub. L. 99662, title XII,  1201(b) Nov. 17, 1986 100 Stat. 4262 Pub. L. 102580, title II,  209(b) Oct. 31, 1992 106 Stat. 4830 Pub. L. 104303, title II,  215(c)(2) Oct. 12, 1996 110 Stat. 3685 A prior section 14 of Pub. L. 92367 section 467m of this title Pub. L. 104303 Amendments 2018 Pub. L. 115270 2014Subsec. (a)(1). Pub. L. 113121,  3001(f) section 467h of this title Pub. L. 113121,  3001(e)(1)(A) Subsec. (a)(2)(B). Pub. L. 113121,  3001(e)(1)(B) Subsec. (a)(2)(C). Pub. L. 113121,  3001(a)(1) Subsec. (b). Pub. L. 113121,  3001(e)(2) Subsec. (c). Pub. L. 113121,  3001(e)(3)(B) Subsec. (d). Pub. L. 113121,  3001(e)(4) Pub. L. 113121,  3001(e)(3)(A) Subsec. (e). Pub. L. 113121,  3001(e)(5) Pub. L. 113121,  3001(e)(3)(A) Subsec. (f). Pub. L. 113121,  3001(e)(6) Pub. L. 113121,  3001(e)(3)(A) Subsec. (g). Pub. L. 113121,  3001(e)(3)(A) 2006Subsec. (a)(1). Pub. L. 109460,  1(d)(1) Subsec. (b). Pub. L. 109460,  1(d)(2) Subsec. (c). Pub. L. 109460,  1(d)(3) Subsec. (d). Pub. L. 109460,  1(d)(4) Subsec. (e). Pub. L. 109460,  1(d)(5) 2002Subsec. (a)(1). Pub. L. 107310,  7(a)(2) Pub. L. 107310,  7(a)(1) section 467h of this title Subsec. (a)(2)(A)(i), (ii). Pub. L. 107310,  7(b)(1) Subsec. (a)(2)(C). Pub. L. 107310,  7(b)(2) section 467f(f) of this title Subsecs. (c) to (e). Pub. L. 107310,  7(c) Statutory Notes and Related Subsidiaries  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 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 section 542 of Title 6  467k to 467m. Repealed. Pub. L. 104303, title II,  215(c)(2) Oct. 12, 1996 110 Stat. 3685   Section 467k, Pub. L. 92367,  12 Pub. L. 99662, title XII,  1201(b) Nov. 17, 1986 100 Stat. 4262 Pub. L. 100418, title V,  5115(c) Aug. 23, 1988 102 Stat. 1433 Pub. L. 102580, title II,  209(c) Oct. 31, 1992 106 Stat. 4830  Section 467 l Pub. L. 92367,  13 Pub. L. 99662, title XII,  1201(b) Nov. 17, 1986 100 Stat. 4262 Pub. L. 102580, title II,  209(d) Oct. 31, 1992 106 Stat. 4830  Section 467m, Pub. L. 92367,  14 Pub. L. 99662, title XII,  1201(b) Nov. 17, 1986 100 Stat. 4263  467n. Recovery of dam modification costs required for safety purposes (a) After November 17, 1986 (1) Fifteen percent of the modification costs shall be assigned to project purposes in accordance with the cost allocation in effect for the project at the time the work is initiated. Non-Federal interests shall share the costs assigned to each purpose in accord with the cost sharing in effect at the time of initial project construction: Provided Public Law 98404 (2) Repayment under this subsection, with the exception of costs assigned to irrigation, may be made, with interest, over a period of not more than thirty years from the date of completion of the work. The interest rate used shall be determined by the Secretary of the Treasury, taking into consideration average market yields on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the applicable reimbursable period during the month preceding the fiscal year in which the costs are incurred, plus a premium of one-eighth of one percentage point for transaction costs. To the extent that more than one interest rate is determined pursuant to the preceding sentence, the Secretary of the Treasury shall establish an interest rate at the weighted average of the rates so determined. (b) Nothing in this section affects the authority of the Secretary to perform work pursuant to Public Law 8499 33 U.S.C. 701n ( Pub. L. 99662, title XII,  1203 Nov. 17, 1986 100 Stat. 4263  Editorial Notes  References in Text Public Law 98404 Pub. L. 98404 Aug. 28, 1984 98 Stat. 1481 section 506 of Title 43 Public Law 8499 act June 28, 1955, ch. 194 69 Stat. 186 section 701n of this title Codification Section was enacted as part of the Dam Safety Act of 1986, and also as part of the Water Resources Development Act of 1986, and not as part of the National Dam Safety Program Act which comprises this subchapter. Statutory Notes and Related Subsidiaries Dam Safety Repair Projects Pub. L. 114322, title I,  1139 Dec. 16, 2016 130 Stat. 1658  The Secretary [of the Army] shall issue guidance (1) on the types of circumstances under which the requirement in section 1203(a) of the Water Resources Development Act of 1986 ( 33 U.S.C. 467n(a) (2) to assist district offices of the Corps of Engineers in communicating with non-Federal interests when entering into and implementing cost-sharing agreements for dam safety repair projects; and (3) to assist the Corps of Engineers in communicating with non-Federal interests concerning the estimated and final cost-share responsibilities of the non-Federal interests under agreements for dam safety repair projects.  Secretary Defined Secretary means the Secretary of the Army, see section 2201 of this title  467o. National low-head dam inventory (a) Definitions In this section: (1) Inventory The term inventory means the national low-head dam inventory developed under subsection (b)(1)(A). (2) Low-head dam The term low-head dam means a river-wide artificial barrier that generally spans a stream channel, blocking the waterway and creating a backup of water behind the barrier, with a drop off over the wall of not less than 6 inches and not more than 25 feet. (b) National low-head dam inventory (1) In general Not later than 18 months after December 23, 2022 (A) develop an inventory of low-head dams in the United States that includes (i) the location, ownership, description, current use, condition, height, and length of each low-head dam; (ii) any information on public safety conditions at each low-head dam; (iii) public safety information on the dangers of low-head dams; (iv) a directory of financial and technical assistance resources available to reduce safety hazards and fish passage barriers at low-head dams; and (v) any other relevant information concerning low-head dams; and (B) submit the inventory to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (2) Data In carrying out this subsection, the Secretary shall (A) coordinate with Federal and State agencies and other relevant entities; and (B) use data provided to the Secretary by those agencies and entities. (3) Public availability The Secretary shall make the inventory publicly available, including on a publicly available website. (4) Updates The Secretary, in consultation with the heads of appropriate Federal and State agencies, shall maintain and periodically publish updates to the inventory. (c) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $30,000,000. (d) Clarification Nothing in this section provides authority to the Secretary to carry out an activity, with respect to a low-head dam, that is not explicitly authorized under this section. ( Pub. L. 92367,  15 Pub. L. 117263, div. H, title LXXXI,  8122 Dec. 23, 2022 136 Stat. 3713 CHAPTER 10 ANCHORAGE GROUNDS AND HARBOR REGULATIONS GENERALLY    Sec.  471 472. Transferred.  473 474. Repealed.  475. Regulations for Pearl Harbor, Hawaii.  476. Restrictions on tanker traffic in Puget Sound and adjacent waters.  471. Transferred  Editorial Notes Codification Section, act Mar. 4, 1915, ch. 142,  7 38 Stat. 1053 Aug. 4, 1949, ch. 393 63 Stat. 496 Pub. L. 89670,  6(b)(1) Oct. 15, 1966 80 Stat. 938 Pub. L. 97449,  2(d)(1) Jan. 12, 1983 96 Stat. 2440 Pub. L. 109241, title IX,  902(j) July 11, 2006 120 Stat. 568 Pub. L. 111281, title III,  301 Oct. 15, 2010 124 Stat. 2923 section 70006 of Title 46 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4745  472. Transferred  Editorial Notes Codification Section, act Sept. 15, 1922, ch. 313 42 Stat. 844 Pub. L. 117263, div. K, title CXVIII,  11808(c) Dec. 23, 2022 136 Stat. 4166  473. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 637   Section, act Mar. 2, 1895, ch. 172,  2 28 Stat. 740  474. Repealed. Pub. L. 117263, div. K, title CXVIII,  11808(a)(1) Dec. 23, 2022 136 Stat. 4165   Section, act Mar. 6, 1896, ch. 49 29 Stat. 54 Apr. 26, 1906, ch. 1874 34 Stat. 136 Mar. 4, 1913, ch. 141,  1 37 Stat. 736 July 16, 1946 60 Stat. 1097 Aug. 4, 1949, ch. 393 63 Stat. 496 Pub. L. 89670,  6(b)(1) Oct. 15, 1966 80 Stat. 938  475. Regulations for Pearl Harbor, Hawaii  For the proper control, protection, and defense of the naval station, harbor, and entrance channel at Pearl Harbor, Territory of Hawaii, the Secretary of the Navy is authorized, empowered, and directed to adopt and prescribe suitable rules and regulations governing the navigation, movement, and anchorage of vessels of whatsoever character in the waters of Pearl Harbor, island of Oahu, Hawaiian Islands, and in the entrance channel to said harbor, and to take all necessary measures for the proper enforcement of such rules and regulations. ( Aug. 22, 1912, ch. 335 37 Stat. 341  Editorial Notes Codification Section is from the Naval Appropriation Act for 1913. Executive Documents Admission of Hawaii as State Admission of Hawaii into the Union was accomplished Aug. 21, 1959 Aug. 21, 1959 Pub. L. 863 Mar. 18, 1959 73 Stat. 4 section 491 of Title 48  476. Restrictions on tanker traffic in Puget Sound and adjacent waters (a) The Congress finds that (1) the navigable waters of Puget Sound in the State of Washington, and the natural resources therein, are a fragile and important national asset; (2) Puget Sound and the shore area immediately adjacent thereto is threatened by increased domestic and international traffic of tankers carrying crude oil in bulk which increases the possibility of vessel collisions and oil spills; and (3) it is necessary to restrict such tanker traffic in Puget Sound in order to protect the navigable waters thereof, the natural resources therein, and the shore area immediately adjacent thereto, from environmental harm. (b) Notwithstanding any other provision of law, on and after October 18, 1977 October 18, 1977 ( Pub. L. 95136,  5 Oct. 18, 1977 91 Stat. 1168 CHAPTER 11 BRIDGES OVER NAVIGABLE WATERS    SUBCHAPTER IGENERAL PROVISIONS  Sec.  491. Approval of and deviation from plans; exemptions.  492. Bridge as post route; limitation as to charges against Government; telegraph and telephone lines.  493. Use of railroad bridges by other railroad companies.  494. Obstruction of navigation; alterations and removals; lights and signals; draws.  494a. Study of bridges over navigable waters.  495. Violations of orders respecting bridges and accessory works.  496. Time for commencement and completion of bridge.  497. Persons defined.  498. Reservation of right to alter or repeal.  498a 498b. Repealed.  499. Regulations for drawbridges.  500. Deflection of current; liability to riparian owners.  501. Omitted.  502. Alteration, removal, or repair of bridge or accessory obstructions to navigation.  503 507. Repealed.  508. Amount of tolls.  SUBCHAPTER IIALTERATION OF BRIDGES  511. Definitions.  512. Obstruction of navigation.  513. Notice, hearings, and findings.  514. Submission and approval of general plans and specifications.  515. Contracts for project; guaranty of cost.  516. Apportionment of cost.  517. Payment of share of United States.  518. Authorization of appropriations.  519. Noncompliance with orders; penalties; removal of bridge.  520. Review of findings and orders.  521. Regulations and orders.  522. Existing provisions of law.  523. Relocation of bridges.  524. Applicability of administrative procedure provisions.  SUBCHAPTER IIIGENERAL BRIDGE AUTHORITY  525. Construction and operation of bridges.  526 526a. Repealed.  527. Acquisition of interstate bridges by public agencies; amount of damages.  528. Statement of construction costs of privately owned interstate bridges; investigation of costs; conclusiveness of findings; review.  529. Repealed.  530. Bridges included and excluded.  531. International bridges.  532. Eminent domain.  533. Penalties for violations.  534. Conveyance of right, title, and interest of United States in bridges transferred to States or political subdivisions; terms and conditions.  SUBCHAPTER IVINTERNATIONAL BRIDGES  535. Congressional consent to construction, maintenance, and operation of international bridges; conditions of consent.  535a. Congressional consent to State agreements with Canada and Mexico; Secretary of States approval of agreements.  535b. Presidential approval; recommendations of Federal officials.  535c. Approval of Secretary; commencement and completion requirements; extension of time limits.  535d. Repealed.  535e. Ownership.  535f. Applicability of provisions.  535g. Federal navigable waters and commerce jurisdiction unaffected.  535h. Repealed.  535i. Reservation of right to alter or repeal.  Statutory Notes and Related Subsidiaries Bridge Permits Pub. L. 112213, title VII,  712(a) Dec. 20, 2012 126 Stat. 1582  (a)  In General For the purposes of reviewing a permit application pursuant to section 9 of the Act of March 3, 1899 33 U.S.C. 401 March 23, 1906 33 U.S.C. 491 June 21, 1940 33 U.S.C. 511 33 U.S.C. 525 (1) accept voluntary services from one or more owners of a bridge; and (2) accept and credit to Coast Guard operating expenses any amounts received from one or more owners of a bridge. SUBCHAPTER I GENERAL PROVISIONS  491. Approval of and deviation from plans; exemptions  When, after March 23, 1906 ( Mar. 23, 1906, ch. 1130,  1 34 Stat. 84 Pub. L. 97322, title I,  107(c) Oct. 15, 1982 96 Stat. 1582 Pub. L. 97449,  2(d)(1) Jan. 12, 1983 96 Stat. 2440 Pub. L. 98557,  17(g)(1) Oct. 30, 1984 98 Stat. 2869 Pub. L. 114120, title III,  306(b)(2)(A) Feb. 8, 2016 130 Stat. 55  Editorial Notes Amendments 2016 Pub. L. 114120 1984 Pub. L. 98557 1983 Pub. L. 97449 1982 Pub. L. 97322 Statutory Notes and Related Subsidiaries Short Title Sections 491 to 494 and 495 to 498 of this title are popularly known as the Bridge Act of 1906 and the General Bridge Act of 1906.  Transfer of Functions Functions, powers, and duties of Secretary of the Army [formerly War] and other offices and officers of Department of the Army [formerly War] under this section to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by Pub. L. 89670,  6(g)(6)(B) Oct. 15, 1966 80 Stat. 941 Pub. L. 97449 section 6(g)(6)(B) of Pub. L. 89670  492. Bridge as post route; limitation as to charges against Government; telegraph and telephone lines  Any bridge built in accordance with the provisions of sections 491 to 494 and 495 to 498 of this title, shall be a lawful structure and shall be recognized and known as a post route, upon which no higher charge shall be made for the transmission over the same of the mails, the troops, and the munitions of war of the United States than the rate per mile paid for the transportation over any railroad, street railway, or public highway leading to said bridge; and the United States shall have the right to construct, maintain, and repair, without any charge therefor, telegraph and telephone lines across and upon said bridge and its approaches; and equal privileges in the use of said bridge and its approaches shall be granted to all telegraph and telephone companies. ( Mar. 23, 1906, ch. 1130,  2 34 Stat. 85  493. Use of railroad bridges by other railroad companies  All railroad companies desiring the use of any railroad bridge built in accordance with the provisions of sections 491 to 494 and 495 to 498 of this title, shall be entitled to equal rights and privileges relative to the passage of railway trains or cars over the same and over the approaches thereto upon payment of a reasonable compensation for such use; and in case of any disagreement between the parties in regard to the terms of such use or the sums to be paid all matters at issue shall be determined by the Secretary of Transportation upon hearing the allegations and proofs submitted to him. ( Mar. 23, 1906, ch. 1130,  3 34 Stat. 85 Pub. L. 97449,  2(d)(1) Jan. 12, 1983 96 Stat. 2440  Editorial Notes Amendments 1983 Pub. L. 97449 Statutory Notes and Related Subsidiaries  Transfer of Functions Functions, powers, and duties of Secretary of the Army [formerly War] and other offices and officers of Department of the Army [formerly War] under this section to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by Pub. L. 89670,  6(g)(6)(B) Oct. 15, 1966 80 Stat. 941 Pub. L. 97449 section 6(g)(6)(B) of Pub. L. 89670  494. Obstruction of navigation; alterations and removals; lights and signals; draws  No bridge erected or maintained under the provisions of sections 491 to 494 and 495 to 498 of this title, shall at any time unreasonably obstruct the free navigation of the waters over which it is constructed, and if any bridge erected in accordance with the provisions of said sections, shall, in the opinion of the Secretary of the department in which the Coast Guard is operating at any time unreasonably obstruct such navigation, either on account of insufficient height, width of span, or otherwise, or if there be difficulty in passing the draw opening or the drawspan of such bridge by rafts, steamboats, or other water craft, it shall be the duty of the Secretary of the department in which the Coast Guard is operating after giving the parties interested reasonable opportunity to be heard, to notify the persons owning or controlling such bridge to so alter the same as to render navigation through or under it reasonably free, easy, and unobstructed, stating in such notice the changes required to be made, and prescribing in each case a reasonable time in which to make such changes, and if at the end of the time so specified the changes so required have not been made, the persons owning or controlling such bridge shall be deemed guilty of a violation of said sections; and all such alterations shall be made and all such obstructions shall be removed at the expense of the persons owning or operating said bridge. The persons owning or operating any such bridge shall maintain, at their own expense, such lights and other signals thereon as the Commandant of the Coast Guard shall prescribe. If the bridge shall be constructed with a draw, then the draw shall be opened promptly by the persons owning or operating such bridge upon reasonable signal for the passage of boats and other water craft. ( Mar. 23, 1906, ch. 1130,  4 34 Stat. 85 Mar. 4, 1913, ch. 141,  1 37 Stat. 736 July 16, 1946 60 Stat. 1097 Pub. L. 97449,  2(d)(1) Jan. 12, 1983 96 Stat. 2440 Pub. L. 10017, title I,  135(a) Apr. 2, 1987 101 Stat. 173 Pub. L. 109241, title IX,  902(k) July 11, 2006 120 Stat. 568 Pub. L. 111281, title IX,  903(a)(9) Oct. 15, 2010 124 Stat. 3010 Pub. L. 114120, title III,  306(b)(2)(B) Feb. 8, 2016 130 Stat. 55  Editorial Notes Prior Provisions Act July 5, 1884, ch. 229,  8 23 Stat. 148 section 495 of this title section 498b of this title March 23, 1906 Section would seem to supersede a provision of act Aug. 7, 1882, ch. 433,  1 22 Stat. 309 That all parties owning, occupying, or operating bridges over any navigable river shall maintain at their own expense, from sunset to sunrise, throughout the year, such lights on their bridges as may be required by the Light-House Board for the security of navigation: and in addition thereto all persons owning, occupying, or operating any bridge over any navigable river shall, in any event, maintain all lights on their bridge that may be necessary for the security of navigation. Amendments 2016 Pub. L. 114120 2010 Pub. L. 111281 Pub. L. 109241,  902(k) 2006 Pub. L. 109241,  902(k) Pub. L. 111281 1987 Pub. L. 10017 1983 Pub. L. 97449 Statutory Notes and Related Subsidiaries Effective Date of 2010 Amendment Pub. L. 111281, title IX,  903(a) Oct. 15, 2010 124 Stat. 3010 Pub. L. 109241 Connecticut River Bridges Acts Aug. 7, 1939, ch. 503 53 Stat. 1234 Apr. 24, 1946, ch. 214 60 Stat. 122 act Aug. 9, 1955, ch. 631 69 Stat. 552 Aug. 7, 1939 Apr. 24, 1946  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 section 542 of Title 6 Functions, powers, and duties of Secretary of the Army [formerly War] and other offices and officers of Department of the Army [formerly War] relating to reasonableness of tolls and to location and clearances of bridges and causeways in navigable waters of United States under this section transferred to and vested in Secretary of Transportation by section 6(g)(4)(A), (6)(B) of Pub. L. 89670 Pub. L. 97449 Pub. L. 89670 Coast Guard transferred to Department of Transportation, and functions, powers, and duties relating to Coast Guard of Secretary of the Treasury and of other officers and offices of Department of the Treasury transferred to Secretary of Transportation by Pub. L. 89670,  6(b)(1) Oct. 15, 1966 80 Stat. 938 Section 6(b)(2) of Pub. L. 89670 section 108 of Title 49 Secretary of Commerce and Labor redesignated Secretary of Labor by act Mar. 4, 1913 Executive Documents  Transfer of Functions For transfer of functions of other officers, employees, and agencies of Department of the Treasury, with certain exceptions, to Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950,  1, 2, eff. July 31, 1950 64 Stat. 1280 Commandant of the Coast Guard substituted in text for Secretary of Commerce on authority of Reorg. Plan No. 3 of 1946,  101 to 104, set out in the Appendix to Title 5, Government Organization and Employees.  494a. Study of bridges over navigable waters  The Commandant of the Coast Guard shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a comprehensive study on the construction or alteration of any bridge, drawbridge, or causeway over the navigable waters of the United States with a channel depth of 25 feet or greater that may impede or obstruct future navigation to or from port facilities and for which a permit under the Act of March 23, 1906 33 U.S.C. 491 January 1, 2006 August 3, 2011 ( Pub. L. 111281, title IX,  905 Oct. 15, 2010 124 Stat. 3012 Pub. L. 112213, title VII,  702(a) Dec. 20, 2012 126 Stat. 1580  Editorial Notes  References in Text Act of March 23, 1906 33 U.S.C. 491 act Mar. 23, 1906, ch. 1130 34 Stat. 84 section 491 of this title Amendments 2012 Pub. L. 112213  495. Violations of orders respecting bridges and accessory works (a) Criminal penalties for violation; misdemeanor; fine; new offenses; jurisdiction: suits for recovery of removal expenses, enforcement of removal, and obstruction-to-navigation causes or questions Any persons who shall willfully fail or refuse to comply with the lawful order of the Secretary of the department in which the Coast Guard is operating or the Chief of Engineers, made in accordance with the provisions of sections 491 to 494 and 495 to 498 of this title, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished in any court of competent jurisdiction by a fine not exceeding $5,000, and every month such persons shall remain in default shall be deemed a new offense and subject such persons to additional penalties therefor; and in addition to the penalties above described the Secretary of the department in which the Coast Guard is operating and the Chief of Engineers may, upon refusal of the persons owning or controlling any such bridge and accessory works to comply with any lawful order issued by the Secretary of the department in which the Coast Guard is operating or Chief of Engineers in regard thereto, cause the removal of such bridge and accessory works at the expense of the persons owning or controlling such bridge, and suit for such expense may be brought in the name of the United States against such persons, and recovery had for such expense in any court of competent jurisdiction; and the removal of any structures erected or maintained in violation of the provisions of said sections or the order or direction of the Secretary of the department in which the Coast Guard is operating or Chief of Engineers made in pursuance thereof may be enforced by injunction, mandamus, or other summary process, upon application to the district court in the district in which such structure may, in whole or in part, exist, and proper proceedings to this end may be instituted under the direction of the Attorney General of the United States at the request of the Secretary of the department in which the Coast Guard is operating; and in case of any litigation arising from any obstruction or alleged obstruction to navigation created by the construction of any bridge under said sections, the cause or question arising may be tried before the district court of the United States in any district which any portion of said obstruction or bridge touches. (b) Civil penalties for violation; separate offenses; notice and hearing; assessment, collection, and remission; civil actions Whoever violates any provision of sections 491 to 494 and 495 to 498 of this title, or any order issued under sections 491 to 494 and 495 to 498 of this title, shall be liable to a civil penalty of not more than $25,000 for a violation occurring in 2008 and any year thereafter. Each day a violation continues shall be deemed a separate offense. No penalty may be assessed under this subsection until the person charged is given notice and an opportunity for a hearing on the charge. The Secretary of the department in which the Coast Guard is operating may assess and collect any civil penalty incurred under this subsection and, in his discretion, may remit, mitigate, or compromise any penalty until the matter is referred to the Attorney General. If a person against whom a civil penalty is assessed under this subsection fails to pay that penalty, an action may be commenced in the district court of the United States for any district in which the violation occurs for such penalty. ( Mar. 23, 1906, ch. 1130,  5 34 Stat. 85 Mar. 3, 1911, ch. 231 36 Stat. 1167 Pub. L. 97322, title I,  108(c) Oct. 15, 1982 96 Stat. 1584 Pub. L. 97449,  2(d)(1) Jan. 12, 1983 96 Stat. 2440 Pub. L. 108293, title VI,  601(a) Aug. 9, 2004 118 Stat. 1050 Pub. L. 114120, title III,  306(b)(2)(C) Feb. 8, 2016 130 Stat. 55 Pub. L. 115232, div. C, title XXXV,  3548(b) Aug. 13, 2018 132 Stat. 2328  Editorial Notes Codification The words district court were substituted for circuit court, upon incorporation into the Code, the Circuit Courts being abolished by act Mar. 3, 1911 Amendments 2018Subsec. (b). Pub. L. 115232 2016 Pub. L. 114120 2004Subsec. (b). Pub. L. 108293 1983Subsec. (a). Pub. L. 97449 1982Subsec. (a). Pub. L. 97322,  108(c)(1) Subsec. (b). Pub. L. 97322,  108(c)(4) Statutory Notes and Related Subsidiaries  Transfer of Functions Functions, powers, and duties of Secretary of the Army [formerly War] and other offices and officers of Department the Army [formerly War] under this section to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by Pub. L. 89670,  6(g)(6)(B) Oct. 15, 1966 80 Stat. 941 Pub. L. 97449 section 6(g)(6)(B) of Pub. L. 89670  496. Time for commencement and completion of bridge  Whenever Congress shall after March 23, 1906 ( Mar. 23, 1906, ch. 1130,  6 34 Stat. 86  497. Persons defined  The word persons as used in sections 491 to 494 and 495 to 498 of this title, shall be construed to import both the singular and the plural, as the case demands, and shall include municipalities, quasi-municipal corporations, corporations, companies, and associations. ( Mar. 23, 1906, ch. 1130,  7 34 Stat. 86  498. Reservation of right to alter or repeal  The right to alter, amend, or repeal sections 491 to 494 and 495 to 498 of this title, is expressly reserved as to any and all bridges which may be built in accordance with the provisions of said sections, and the United States shall incur no liability for the alteration, amendment, or repeal thereof to the owner or owners or any other persons interested in any bridge which shall have been constructed in accordance with its provisions. ( Mar. 23, 1906, ch. 1130,  8 34 Stat. 86  498a. Repealed. Pub. L. 10017, title I,  135(b) Apr. 2, 1987 101 Stat. 174   Section, act June 10, 1930, ch. 441,  17 46 Stat. 552 June 10, 1930  498b. Repealed. Pub. L. 10017, title I,  135(c) Apr. 2, 1987 101 Stat. 174   Section, act June 27, 1930, ch. 640,  1 46 Stat. 821 Mar. 23, 1906  499. Regulations for drawbridges (a) Criminal penalties for violations; enforcement; rules and regulations It shall be the duty of all persons owning, operating, and tending the drawbridges built prior to August 18, 1894 Provided Provided further Provided further section 413 of this title (b) Nonstructural vessel appurtenances; unreasonable delays No vessel owner or operator shall signal a drawbridge to open for any nonstructural vessel appurtenance which is not essential to navigation or which is easily lowered and no person shall unreasonably delay the opening of a draw after the signal required by rules or regulations under this section has been given. The Secretary of the department in which the Coast Guard is operating shall issue rules and regulations to implement this subsection. (c) Civil penalties for violation; notice and hearing; assessment, collection, and remission; civil actions Whoever violates any rule or regulation issued under subsection (a) or (b), shall be liable to a civil penalty of not more than $5,000 for a violation occurring in 2004; $10,000 for a violation occurring in 2005; $15,000 for a violation occurring in 2006; $20,000 for a violation occurring in 2007; and $25,000 for a violation occurring in 2008 and any year thereafter. No penalty may be assessed under this subsection until the person charged is given notice and an opportunity for a hearing on the charge. The Secretary of the department in which the Coast Guard is operating may assess and collect any civil penalty incurred under this subsection and, in his discretion, may remit, mitigate, or compromise any penalty until the matter is referred to the Attorney General. If a person against whom a civil penalty is assessed under this subsection fails to pay that penalty, an action may be commenced in the district court of the United States for any district in which the violation occurs for such penalty. (d) Temporary changes to drawbridge operating schedules Notwithstanding section 553 of title 5 (1) is approved (A) the Secretary of the department in which the Coast Guard is operating shall (i) issue a deviation approval letter to the bridge owner; and (ii) announce the temporary change in (I) the Local Notice to Mariners; (II) a broadcast notice to mariners and through radio stations; or (III) such other local media as the Secretary considers appropriate; and (B) the bridge owner, except a railroad bridge owner, shall notify (i) the public by publishing notice of the temporary change in a newspaper of general circulation published in the place where the bridge is located; (ii) the department, agency, or office of transportation with jurisdiction over the roadway that abuts the approaches to the bridge; and (iii) the law enforcement organization with jurisdiction over the roadway that abuts the approaches to the bridge; or (2) is denied, the Secretary of the department in which the Coast Guard is operating shall (A) not later than 10 days after the date of receipt of the request, provide the bridge owner in writing the reasons for the denial, including any supporting data and evidence used to make the determination; and (B) provide the bridge owner a reasonable opportunity to address each reason for the denial and resubmit the request. (e) Drawbridge movements The Secretary of the department in which the Coast Guard is operating (1) shall require a drawbridge operator to record each movement of the drawbridge in a logbook; (2) may inspect the logbook to ensure drawbridge movement is in accordance with the posted operating schedule; (3) shall review whether deviations from the posted operating schedule are impairing vehicular and pedestrian traffic; and (4) may determine if the operating schedule should be adjusted for efficiency of maritime or vehicular and pedestrian traffic. (f) Requirements (1) Logbooks An operator of a drawbridge built across a navigable river or other water of the United States (A) that opens the draw of such bridge for the passage of a vessel, shall record in a logbook (i) the bridge identification and date of each opening; (ii) the bridge tender or operator for each opening; (iii) each time it is opened for navigation; (iv) each time it is closed for navigation; (v) the number and direction of vessels passing through during each opening; (vi) the types of vessels passing through during each opening; (vii) an estimated or known size (height, length, and beam) of the largest vessel passing through during each opening; (viii) for each vessel, the vessel name and registration number if easily observable; and (ix) all maintenance openings, malfunctions, or other comments; and (B) that remains open to navigation but closes to allow for trains to cross, shall record in a logbook (i) the bridge identification and date of each opening and closing; (ii) the bridge tender or operator; (iii) each time it is opened to navigation; (iv) each time it is closed to navigation; and (v) all maintenance openings, closings, malfunctions, or other comments. (2) Maintenance of logbooks A drawbridge operator shall maintain logbooks required under paragraph (1) for not less than 5 years. (3) Submission of logbooks At the request of the Secretary of the department in which the Coast Guard is operating, a drawbridge operator shall submit to the Secretary the logbook required under paragraph (1) as the Secretary considers necessary to carry out this section. (4) Exemption The requirements under paragraph (1) shall be exempt from sections 3501 to 3521 of title 44. ( Aug. 18, 1894, ch. 299,  5 28 Stat. 362 June 13, 1902, ch. 1079,  6 32 Stat. 374 Pub. L. 90578, title IV,  402(b)(2) Oct. 17, 1968 82 Stat. 1118 Pub. L. 97322, title I,  108(a) Oct. 15, 1982 96 Stat. 1582 Pub. L. 97449,  2(d)(1) Jan. 12, 1983 96 Stat. 2440 Pub. L. 100448,  21 Sept. 28, 1988 102 Stat. 1846 Pub. L. 101650, title III,  321 Dec. 1, 1990 104 Stat. 5117 Pub. L. 108293, title VI,  601(b) Aug. 9, 2004 118 Stat. 1050 Pub. L. 114120, title III,  306(b)(3) Feb. 8, 2016 130 Stat. 55 Pub. L. 115282, title VIII,  832 Dec. 4, 2018 132 Stat. 4316  Editorial Notes Codification The last proviso of subsec. (a) of this section was from a part of section 6 of act June 13, 1902 Any regulations heretofore or hereafter prescribed by the Secretary of War in pursuance of the fourth and fifth sections of the river and harbor Act of August eighteenth, eighteen hundred and ninety-four [this section and section 1 of this title section 1 of this title section 413 of this title The last paragraph of section 1 of this title June 13, 1902 Except for the last proviso of subsec. (a), this section was from act Aug. 18, 1894 Amendments 2018Subsecs. (d) to (f). Pub. L. 115282 2016 Pub. L. 114120 2004Subsec. (c). Pub. L. 108293 1988Subsec. (a). Pub. L. 100448 1983Subsec. (a). Pub. L. 97449 1982Subsec. (a). Pub. L. 97322,  108(a)(1) Subsecs. (b), (c). Pub. L. 97322,  108(a)(5) Statutory Notes and Related Subsidiaries  Change of Name Magistrate judge substituted in text for magistrate pursuant to section 321 of Pub. L. 101650 section 631 of Title 28 Pub. L. 90578  Transfer of Functions Section 6(g)(2) of Pub. L. 89670 Pub. L. 97449 section 6(g)(2) of Pub. L. 89670  500. Deflection of current; liability to riparian owners  Whenever complaint shall be made to the Secretary of the Army that by reason of the placing in any navigable waters of the United States of any bridge pier or abutment, the current of such waters has been so deflected from its natural course as to cause by producing caving of banks or otherwise serious damage or danger to property, it shall be his duty to make inquiry, and if it shall be ascertained that the complaint is well founded, he shall cause the owners or persons operating such bridge to repair such damage or prevent such danger to property by such means as he shall indicate and within such time as he may name, and in default thereof the owners or persons operating such bridge shall be liable in any court of competent jurisdiction to the persons injured in a sum double the amount of said injury: Provided, however August 11, 1888 ( Aug. 11, 1888, ch. 860,  2 25 Stat. 423 July 26, 1947, ch. 343  Editorial Notes Codification Section was from the River and Harbor Appropriation Act of 1888. 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  Transfer of Functions Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under sections 491 to 494 and 495 to 498 of this title to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by Pub. L. 89670,  6(g)(6)(B) Oct. 15, 1966 80 Stat. 931 Pub. L. 97449 section 6(g)(6)(B) of Pub. L. 89670  501. Omitted  Editorial Notes Codification Section, R.S.  5250, gave assent of Congress to construction of bridges across the Maquoketa River in Iowa.  502. Alteration, removal, or repair of bridge or accessory obstructions to navigation (a) Criminal penalties for violation; alteration or removal requirements; notice and hearing; specification of changes; time for compliance; notice to United States attorney; misdemeanor; fine; new offenses Whenever the Secretary of the department in which the Coast Guard is operating shall have good reason to believe that any railroad or other bridge over any of the navigable waterways of the United States is an unreasonable obstruction to the free navigation of such waters on account of insufficient height, width of span, or otherwise, or where there is difficulty in passing the draw opening or the draw span of such bridge by rafts, steamboats, or other water craft, it shall be the duty of the said Secretary, first giving the parties reasonable opportunity to be heard, to give notice to the persons or corporations owning or controlling such bridge so to alter the same as to render navigation through or under it reasonably free, easy, and unobstructed; and in giving such notice he shall specify the changes that are required to be made, and shall prescribe in each case a reasonable time in which to make them. If at the end of such time the alteration has not been made, the Secretary of the department in which the Coast Guard is operating shall forthwith notify the United States attorney for the district in which such bridge is situated, to the end that the criminal proceedings hereinafter in this section mentioned may be taken. If the persons, corporation, or association owning or controlling any railroad or other bridge shall, after receiving notice to that effect, as hereinbefore required, from the Secretary of the department in which the Coast Guard is operating and within the time prescribed by him willfully fail or refuse to remove the same or to comply with the lawful order of the Secretary of the department in which the Coast Guard is operating in the premises, such persons, corporation, or association shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine not exceeding $5,000, and every month such persons, corporation, or association shall remain in default in respect to the removal or alteration of such bridge shall be deemed a new offense, and subject the persons, corporation, or association so offending to the penalties above prescribed. (b) Proper repair requirement No owner or operator of any bridge, drawbridge, or causeway shall endanger, unreasonably obstruct, or make hazardous the free navigation of any navigable water of the United States by reason of the failure to keep the bridge, drawbridge, or causeway and any accessory works in proper repair. (c) Civil penalties for violation; separate offenses; notice and hearing; assessment, collection, and remission; civil actions Whoever violates any provision of this section, or any order issued under this section, shall be liable to a civil penalty of not more than $5,000 for a violation occurring in 2004; $10,000 for a violation occurring in 2005; $15,000 for a violation occurring in 2006; $20,000 for a violation occurring in 2007; and $25,000 for a violation occurring in 2008 and any year thereafter. Each day a violation continues shall be deemed a separate offense. No penalty may be assessed under this subsection until the person charged is given notice and an opportunity for a hearing on the charge. The Secretary of the department in which the Coast Guard is operating may assess and collect any civil penalty incurred under this subsection and, in his discretion, may remit, mitigate, or compromise any penalty until the matter is referred to the Attorney General. If a person against whom a civil penalty is assessed under this subsection fails to pay that penalty, an action may be commenced in the district court of the United States for any district in which the violation occurs for such penalty. ( Mar. 3, 1899, ch. 425,  18 30 Stat. 1153 Mar. 3, 1911, ch. 231,  291 36 Stat. 1167 Jan. 31, 1928, ch. 14,  1 45 Stat. 54 June 25, 1948, ch. 646 62 Stat. 909 Pub. L. 97322, title I,  108(b) Oct. 15, 1982 96 Stat. 1583 Pub. L. 108293, title VI,  601(c) Aug. 9, 2004 118 Stat. 1050 Pub. L. 114120, title III,  306(b)(1)(B) Feb. 8, 2016 130 Stat. 55  Editorial Notes Codification Section is from act Mar. 3, 1899 The words or from the existing circuit courts, which followed district courts in the proviso were superseded by the abolition of the circuit courts and the transfer of their jurisdiction to the district courts, by act Mar. 3, 1911 Prior Provisions This section superseded act Aug. 11, 1888, ch. 860 25 Stat. 424 act Sept. 19, 1890, ch. 907 26 Stat. 453 The Secretary of War was authorized to make the required changes in bridges obstructing navigation on the owners failure to do so, and the Attorney General was required to institute proceedings against the owner for the recovery of the cost of such changes, by act July 5, 1884, ch. 229,  8 23 Stat. 148 Amendments 2016Subsecs. (a), (c). Pub. L. 114120 2004Subsec. (c). Pub. L. 108293 1982Subsec. (a). Pub. L. 97322 Subsecs. (b), (c). Pub. L. 97322 1948Act June 25, 1948 Statutory Notes and Related Subsidiaries  Change of Name Act June 25, 1948 Sept. 1, 1948 section 541 of Title 28 Effective Date of 1948 Amendment Amendment by act June 25, 1948 Sept. 1, 1948 June 25, 1948 section 1 of Title 28 Limitation on Application Section as not applicable to bridges constructed under sections 491 to 494 and 495 to 498 of this title, see section 494 of this title  503 to 507. Repealed. Pub. L. 10017, title I,  135(d) Apr. 2, 1987 101 Stat. 174   Section 503, act Aug. 21, 1935, ch. 597,  1 49 Stat. 670 Aug. 21, 1935  Section 504, acts Aug. 21, 1935, ch. 597,  2 49 Stat. 671 Jan. 12, 1983 Pub. L. 97449,  2(d)(1) 96 Stat. 2440  Section 505, acts Aug. 21, 1935, ch. 597,  3 49 Stat. 671 June 25, 1948, ch. 646,  32(a) 62 Stat. 991 May 24, 1949, ch. 139,  127 63 Stat. 107 Jan. 12, 1983 Pub. L. 97449,  2(d)(1) 96 Stat. 2440  Section 506, acts Aug. 21, 1935, ch. 597,  4 49 Stat. 671 Oct. 15, 1970 Pub. L. 91452, title II,  235 84 Stat. 930 Jan. 12, 1983 Pub. L. 97449,  2(d)(1) 96 Stat. 2440  Section 507, act Aug. 21, 1935, ch. 597,  5 49 Stat. 672  508. Amount of tolls  Tolls for passage or transit over any bridge constructed under the authority of the Act of March 23, 1906 33 U.S.C. 525 33 U.S.C. 535 ( Pub. L. 10017, title I,  135(i) Apr. 2, 1987 101 Stat. 174  Editorial Notes  References in Text Act of March 23, 1906 act Mar. 23, 1906, ch. 1130 34 Stat. 84 section 491 of this title The General Bridge Act of 1946, referred to in text, is title V of act Aug. 2, 1946, ch. 753 60 Stat. 847 section 525 of this title The International Bridge Act of 1972, referred to in text, is Pub. L. 92434 Sept. 26, 1972 86 Stat. 731 section 535 of this title SUBCHAPTER II ALTERATION OF BRIDGES  511. Definitions  When used in this subchapter, unless the context indicates otherwise The term alteration includes changes of any kind, reconstruction, or removal in whole or in part. The term bridge means a lawful bridge over navigable waters of the United States, including approaches, fenders, and appurtenances thereto, which is used and operated for the purpose of carrying railroad traffic, or both railroad and highway traffic, or if a State, county, municipality, or other political subdivision is the owner or joint owner thereof, which is used and operated for the purpose of carrying highway traffic. The term bridge owner means any State, county, municipality, or other political subdivision, or any corporation, association, partnership, or individual owning, or jointly owning, any bridge, and, when any bridge shall be in the possession or under the control of any trustee, receiver, trustee in a case under title 11, or lessee, such terms shall include both the owner of the legal title and the person or the entity in possession or control of such bridge. The term Secretary means the Secretary of the department in which the Coast Guard is operating. The term United States, when used in a geographical sense, includes the Territories and possessions of the United States. ( June 21, 1940, ch. 409,  1 54 Stat. 497 July 16, 1952, ch. 889,  1 66 Stat. 732 Pub. L. 95598, title III,  323 Nov. 6, 1978 92 Stat. 2679 Pub. L. 97449,  2(d)(2) Jan. 12, 1983 96 Stat. 2440 Pub. L. 114120, title III,  306(b)(4)(A) Feb. 8, 2016 130 Stat. 55  Editorial Notes Amendments 2016 Pub. L. 114120 1983 Pub. L. 97449 1978 Pub. L. 95598 1952Act of July 16, 1952 Statutory Notes and Related Subsidiaries Effective Date of 1978 Amendment Amendment by Pub. L. 95598 Oct. 1, 1979 section 402(a) of Pub. L. 95598 section 101 of Title 11 Short Title Sections 511 to 523 of this title are popularly known as the Hobbs Bridge Act and also as the Truman-Hobbs Act.  Transfer of Functions Section 6(g)(3) of Pub. L. 89670 Pub. L. 97449 section 6(g)(3) of Pub. L. 89670  512. Obstruction of navigation  No bridge shall at any time unreasonably obstruct the free navigation of any navigable waters of the United States. ( June 21, 1940, ch. 409,  2 54 Stat. 498  513. Notice, hearings, and findings  Whenever any bridge shall, in the opinion of the Secretary, at any time unreasonably obstruct such navigation, it shall be the duty of the Secretary, after notice to interested parties, to hold a hearing at which the bridge owner, those interested in water navigation thereunder or therethrough, those interested in either railroad or highway traffic thereover, and any other party or parties in interest shall have full opportunity to offer evidence and be heard as to whether any alteration of such bridge is needed, and if so what alterations are needed, having due regard to the necessity of free and unobstructed water navigation and to the necessities of the rail or highway traffic. If, upon such hearing, the Secretary determines that any alterations of such bridge are necessary in order to render navigation through or under it reasonably free, easy, and unobstructed, having due regard also for the necessities of rail or highway traffic thereover, he shall so find and shall issue and cause to be served upon interested parties an order requiring such alterations of such bridge as he finds to be reasonably necessary for the purposes of navigation. ( June 21, 1940, ch. 409,  3 54 Stat. 498  514. Submission and approval of general plans and specifications  After the service of an order under this subchapter, it shall be the duty of the bridge owner to prepare and submit to the Secretary of the department in which the Coast Guard is operating, within a reasonable time as prescribed by the Secretary, general plans and specifications to provide for the alteration of such bridge in accordance with such order, and for such additional alteration of such bridge as the bridge owner may desire to meet the necessities of railroad or highway traffic, or both. The Secretary may approve or reject such general plans and specifications, in whole or in part, and may require the submission of new or additional plans and specifications, but when the Secretary shall have approved general plans and specifications, they shall be final and binding upon all parties unless changes therein be afterward approved by the Secretary and the bridge owner. ( June 21, 1940, ch. 409,  4 54 Stat. 498 Pub. L. 94587,  119 Oct. 22, 1976 90 Stat. 2924 Pub. L. 114120, title III,  306(b)(4)(B) Feb. 8, 2016 130 Stat. 55  Editorial Notes Amendments 2016 Pub. L. 114120 1976 Pub. L. 94587  515. Contracts for project; guaranty of cost  After approval of such general plans and specifications by the Secretary, and after notification of such approval, the bridge owner shall, in such manner and within such times as the Secretary may prescribe, take bids for the alteration of such bridge in accordance with such general plans and specifications. All bids, including any bid for all or part of the project submitted by the bridge owner, shall be submitted to the Secretary, together with a recommendation by the bridge owner as to the most competent bid or bids, and at the same time the bridge owner shall submit to the Secretary a written guaranty that the total cost of the project, including the cost of such work as is to be performed by the bridge owner and not included in the work to be performed by contract, shall not exceed the sum stated in said guaranty. The Secretary may direct the bridge owner to reject all bids and to take new bids, or may authorize the bridge owner to proceed with the project, by contract, or partly by contract and partly by the bridge owner, or wholly by the bridge owner. Upon such authorization and fixing of the proportionate shares of the cost as provided in section 516 of this title Provided ( June 21, 1940, ch. 409,  5 54 Stat. 498 Pub. L. 85640,  1(a) Aug. 14, 1958 72 Stat. 595  Editorial Notes Amendments 1958 Pub. L. 85640  516. Apportionment of cost  At the time the Secretary shall authorize the bridge owner to proceed with the project, as provided in section 515 of this title Provided And provided further ( June 21, 1940, ch. 409,  6 54 Stat. 499 July 16, 1952, ch. 889,  2 66 Stat. 733 Pub. L. 85640,  1(c) Aug. 14, 1958 72 Stat. 595  Editorial Notes Amendments 1958 Pub. L. 85640 1952Act July 16, 1952  517. Payment of share of United States  Following service of the order requiring alteration of the bridge, the Secretary of the department in which the Coast Guard is operating may make partial payments as the work progresses to the extent that funds have been appropriated. The total payments out of Federal funds shall not exceed the proportionate share of the United States of the total cost of the project paid or incurred by the bridge owner, and, if such total cost exceeds the cost guaranteed by the bridge owner, shall not exceed the proportionate share of the United States of such guaranteed cost, except that if the cost of the work exceeds the guaranteed cost by reason of emergencies, conditions beyond the control of the owner, or unforeseen or undetermined conditions, the Secretary of the department in which the Coast Guard is operating may, after full review of all the circumstances, provide for additional payments by the United States to help defray such excess cost to the extent he deems to be reasonable and proper, and shall certify such additional payments to the Secretary of the Treasury for payment. All payments to any bridge owner herein provided for shall be made by the Secretary of the Treasury through the Fiscal Service upon certifications of the Secretary of the department in which the Coast Guard is operating. ( June 21, 1940, ch. 409,  7 54 Stat. 499 June 30, 1940 54 Stat. 1231 Pub. L. 85640,  1(d) Aug. 14, 1958 72 Stat. 596 Pub. L. 91605, title I,  118 Dec. 31, 1970 84 Stat. 1725 Pub. L. 97449,  2(d)(1) Jan. 12, 1983 96 Stat. 2440 Pub. L. 114120, title III,  306(b)(4)(C) Feb. 8, 2016 130 Stat. 55  Editorial Notes Amendments 2016 Pub. L. 114120 1983 Pub. L. 97449 Pub. L. 91605 1970 Pub. L. 91605 1958 Pub. L. 85640 Statutory Notes and Related Subsidiaries  Transfer of Functions Section 6(g)(3) of Pub. L. 89670 Pub. L. 97449 section 6(g)(3) of Pub. L. 89670 Executive Documents  Transfer of Functions Fiscal Service substituted in text for Division of Disbursement on authority of section 1(a)(1) of Reorg. Plan No. III of 1940, eff. June 30, 1940 54 Stat. 1231 section 306 of Title 31  518. Authorization of appropriations  There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this subchapter. ( June 21, 1940, ch. 409,  8 54 Stat. 500  Statutory Notes and Related Subsidiaries Alteration of Bridges Pub. L. 10890, title II Oct. 1, 2003 117 Stat. 1144 That in fiscal year 2004 and thereafter, funds for bridge alteration projects conducted pursuant to the Act of June 21, 1940 33 U.S.C. 511 Similar provisions were contained in the following prior appropriation act: Pub. L. 1087, div. I, title I Feb. 20, 2003 117 Stat. 389  519. Noncompliance with orders; penalties; removal of bridge  Any bridge owner who shall willfully fail or refuse to comply with any lawful order of the Secretary, made in accordance with the provisions of this subchapter, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished in any court of competent jurisdiction by a fine not exceeding $5,000, and every month such bridge owner shall remain in default shall be deemed a new offense and subject such bridge owner to additional penalties therefor. In addition to the penalties above prescribed the Secretary may, upon the failure or refusal of any bridge owner to comply with any lawful order issued by the Secretary in regard thereto, cause the removal of any such bridge and accessory works at the expense of the bridge owner; and suit for such expense may be brought in the name of the United States against such bridge owner and recovery had for such expense in any court of competent jurisdiction. The removal of any bridge erected or maintained in violation of the provisions of this subchapter or the order or direction of the Secretary made in pursuance thereof, and compliance with any order of the Secretary made with respect to any bridge in accordance with the provisions of this subchapter, may be enforced by injunction, mandamus, or other summary process upon application to the district court of any district in which such bridge may, in whole or in part, exist, and proper proceedings to this end may be instituted under the direction of the Attorney General of the United States at the request of the Secretary. ( June 21, 1940, ch. 409,  9 54 Stat. 500  520. Review of findings and orders  Any order made or issued under section 516 of this title section 1254 of title 28 section 516 of this title ( June 21, 1940, ch. 409,  10 54 Stat. 501 June 25, 1948, ch. 646,  32(a) 62 Stat. 991 May 24, 1949, ch. 139,  127 63 Stat. 107  Editorial Notes Codification  Section 1254 of title 28 act June 25, 1948, ch. 646 62 Stat. 869 Statutory Notes and Related Subsidiaries  Change of Name Act June 25, 1948 May 24, 1949  521. Regulations and orders  The Secretary is authorized to prescribe such rules and regulations, and to make and issue such orders, as may be necessary or appropriate for carrying out the provisions of this subchapter. ( June 21, 1940, ch. 409,  11 54 Stat. 501  522. Existing provisions of law  The first sentence of section 494 of this title section 502 of this title ( June 21, 1940, ch. 409,  12 54 Stat. 501 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4754 Pub. L. 117263, div. K, title CXVIII,  11805(a) Dec. 23, 2022 136 Stat. 4164  Editorial Notes Amendments 2022 Pub. L. 117263,  11805(c) Pub. L. 117263,  11805(a) section 12(a) of the act of June 21, 1940 Pub. L. 116283 2021 Pub. L. 116283 Pub. L. 117263 Statutory Notes and Related Subsidiaries Effective Date of 2022 Amendment Pub. L. 117263, div. K, title CXVIII,  11805(b) Dec. 23, 2022 136 Stat. 4165 The provision reinstated under subsection (a) [this section] shall be treated as if such section 8507(b) [of Pub. L. 116283  523. Relocation of bridges  If the owner of any bridge and the Secretary shall agree that in order to remove an obstruction to navigation, or for any other purpose, a relocation of such bridge or the construction of a new bridge upon a new location would be preferable to an alteration of the existing bridge, such relocation or new construction may be carried out at such new site and upon such terms as may be acceptable to the bridge owner and the Secretary, and the cost of such relocation or new construction, including also any expense of changes in and additions to rights-of-way, stations, tracks, spurs, sidings, switches, signals, and other railroad facilities and property, and relocation of shippers required for railroad connection with the bridge at the new site, shall be apportioned as between the bridge owner and the United States in the manner which is provided for in section 516 of this title section 518 of this title Provided ( June 21, 1940, ch. 409,  13 54 Stat. 502 July 16, 1952, ch. 889,  4 66 Stat. 733 Pub. L. 97449,  2(d)(1) Jan. 12, 1983 96 Stat. 2440 Pub. L. 114120, title III,  306(b)(4)(D) Feb. 8, 2016 130 Stat. 55  Editorial Notes Amendments 2016 Pub. L. 114120 1983 Pub. L. 97449 1952Act July 16, 1952 Statutory Notes and Related Subsidiaries  Transfer of Functions Section 6(g)(3) of Pub. L. 89670 Pub. L. 97449 section 6(g)(3) of Pub. L. 89670  524. Applicability of administrative procedure provisions  In the administration of this Act, hearings and other procedures shall be exempted from the provisions of subchapter II of chapter 5, and chapter 7, of title 5, except as to the requirements of section 552 of title 5 ( July 16, 1952, ch. 889,  3 66 Stat. 733  Editorial Notes  References in Text This Act, referred to in text, is act July 16, 1952, ch. 889 66 Stat. 732 Codification Section was not enacted as part of act June 21, 1940, ch. 409 54 Stat. 497 Subchapter II of chapter 5, and chapter 7, of title 5 and  section 552 of title 5 60 Stat. 237 Pub. L. 89554,  7(b) Sept. 6, 1966 80 Stat. 631 SUBCHAPTER III GENERAL BRIDGE AUTHORITY  525. Construction and operation of bridges (a) Consent of Congress The consent of Congress is granted for the construction, maintenance, and operation of bridges and approaches thereto over the navigable waters of the United States, in accordance with the provisions of this subchapter. (b) Approval of plans The location and plans for such bridges shall be approved by the Secretary of the department in which the Coast Guard is operating before construction is commenced, and, in approving the location and plans of any bridge, the Secretary may impose any specific conditions relating to the maintenance and operation of the structure which the Secretary may deem necessary in the interest of public navigation, and the conditions so imposed shall have the force of law. This subsection shall not apply to any bridge over waters which are not subject to the ebb and flow of the tide and which are not used and are not susceptible to use in their natural condition or by reasonable improvement as a means to transport interstate or foreign commerce. (c) Private highway toll bridges Notwithstanding the provisions of subsections (a) and (b), it shall be unlawful to construct or commence the construction of any privately owned highway toll bridge until the location and plans thereof shall also have been submitted to and approved by the highway department or departments of the State or States in which the bridge and its approaches are situated; and where such bridge shall be between two or more States and the highway departments thereof shall be unable to agree upon the location and plans therefor, or if they, or either of them, shall fail or refuse to act upon the location and plans submitted, such location and plans then shall be submitted to the Secretary of Transportation and, if approved by the Secretary of Transportation, approval by the highway departments shall not be required. ( Aug. 2, 1946, ch. 753 60 Stat. 847 June 30, 1949, ch. 288 63 Stat. 380 Aug. 19, 1949 63 Stat. 1070 Pub. L. 97322, title I,  107(a) Oct. 15, 1982 96 Stat. 1582 Pub. L. 97449,  2(d)(1) Jan. 12, 1983 96 Stat. 2440 Pub. L. 98557,  17(g)(2) Oct. 30, 1984 98 Stat. 2869 Pub. L. 114120, title III,  306(b)(5)(A) Feb. 8, 2016 130 Stat. 55  Editorial Notes Amendments 2016Subsec. (b). Pub. L. 114120 1984Subsec. (b). Pub. L. 98557 1983Subsec. (b). Pub. L. 97449,  2(d)(1) Subsec. (c). Pub. L. 97449,  2(d)(3) 1982Subsec. (b). Pub. L. 97322 Statutory Notes and Related Subsidiaries Short Title Section 501 of title V of act Aug. 2, 1946 This title [enacting this subchapter] may be cited as the General Bridge Act of 1946. Reservation of Right To Alter, Amend, or Repeal Section 511 of title V of act Aug. 2, 1946 The right to alter, amend, or repeal this title [this subchapter] is hereby expressly reserved as to any and all bridges which may be built under authority hereof.  Transfer of Functions Functions, powers, and duties of Secretary of the Army [formerly War] and other offices and officers of Department of the Army [formerly War] under this section to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by section 6(g)(6)(C) of Pub. L. 89670 Pub. L. 97449 section 6(g)(6)(C) of Pub. L. 89670 Functions of Public Roads Administration transferred to Bureau of Public Roads within General Services Administration by section 103(a) of act June 30, 1949 section 303(b) of Title 40 Section 303(b) of Title 40 Pub. L. 109313,  2(a)(1) Oct. 6, 2006 120 Stat. 1734 section 303 of Title 40 Functions, powers, and duties of Secretary of Commerce and other offices and officers of Department of Commerce under subsec. (c) of this section relating generally to highways transferred to and vested in Secretary of Transportation by section 6(g)(6)(C) of Pub. L. 89670 Pub. L. 97449 section 6(g)(6)(C) of Pub. L. 89670 Executive Documents  Transfer of Functions Bureau of Public Roads within General Services Administration transferred to Department of Commerce by section 1 of Reorg. Plan No. 7 of 1949. For transfer of functions of other officers, employees, and agencies of Department of Commerce, with certain exceptions, to Secretary of Commerce, with power to delegate, see Reorg. Plan No. 5 of 1950,  1, 2, eff. May 24, 1950 64 Stat. 1263  526. Repealed. Pub. L. 10017, title I,  135(e) Apr. 2, 1987 101 Stat. 174   Section, acts Aug. 2, 1946, ch. 753 60 Stat. 847 Jan. 12, 1983 Pub. L. 97449,  2(d)(1) 96 Stat. 2440 section 508 of this title  526a. Repealed. Pub. L. 10017, title I,  135(f) Apr. 2, 1987 101 Stat. 174   Section, act Pub. L. 9387, title I,  133(b) Aug. 13, 1973 87 Stat. 267 Statutory Notes and Related Subsidiaries Study of Toll Bridge Authority; Investigation and Study of Federal Statutes and Regulations; Report to Congress Section 133(a) of Pub. L. 9387 July 1, 1974 Dec. 31, 1973 Pub. L. 10017, title I,  135(f) Apr. 2, 1987 101 Stat. 174  527. Acquisition of interstate bridges by public agencies; amount of damages  After the completion of any interstate toll bridge constructed by an individual, firm, or corporation, as determined by the Secretary of Transportation, either of the States in which the bridge is located, or any public agency or political subdivision of either of such States, within or adjoining which any part of such bridge is located, or any two or more of them jointly, may at any time acquire and take over all right, title, and interest in such bridge and its approaches, and any interest in real property for public purposes by condemnation or expropriation. If at any time after the expiration of five years after the completion of such bridge the same is acquired by condemnation or expropriation, the amount of damages or compensation to be allowed shall not include good will, going value, or prospective revenues or profits, but shall be limited to the sum of (1) the actual cost of constructing such bridge and its approaches, less a reasonable deduction for actual depreciation in value; (2) the actual costs of acquiring such interests in real property; (3) actual financing and promotion costs, not to exceed 10 per centum of the sum of the cost of constructing the bridge and its approaches and acquiring such interests in real property; and (4) actual expenditures for necessary improvements. ( Aug. 2, 1946, ch. 753 60 Stat. 848 Pub. L. 97449,  2(d)(1) Jan. 12, 1983 96 Stat. 2440  Editorial Notes Amendments 1983 Pub. L. 97449 Statutory Notes and Related Subsidiaries  Transfer of Functions Section 6(g)(6)(C) of Pub. L. 89670 Pub. L. 97449 section 6(g)(6)(C) of Pub. L. 89670  528. Statement of construction costs of privately owned interstate bridges; investigation of costs; conclusiveness of findings; review  Within ninety days after the completion of a privately owned interstate toll bridge, the owner shall file with the Secretary of Transportation and with the highway departments of the States in which the bridge is located, a sworn itemized statement showing the actual original cost of constructing the bridge and its approaches, the actual cost of acquiring any interest in real property necessary therefor, and the actual financing and promotion costs. The Secretary of Transportation may, and upon request of a highway department shall, at any time within three years after the completion of such bridge, investigate such costs and determine the accuracy and the reasonableness of the costs alleged in the statement of costs so filed, and shall make a finding of the actual and reasonable costs of constructing, financing, and promoting such bridge. For the purpose of such investigation the said individual, firm, or corporation, its successors and assigns, shall make available all of its records in connection with the construction, financing, and promotion thereof. The findings of the Secretary of Transportation as to the reasonable costs of the construction, financing, and promotion of the bridge shall be conclusive for the purposes mentioned in section 527 of this title ( Aug. 2, 1946, ch. 753 60 Stat. 848 Pub. L. 97449,  2(d)(1) Jan. 12, 1983 96 Stat. 2440  Editorial Notes Amendments 1983 Pub. L. 97449 Statutory Notes and Related Subsidiaries  Transfer of Functions Section 6(g)(6)(C) of Pub. L. 89670 Pub. L. 97449 section 6(g)(6)(C) of Pub. L. 89670  529. Repealed. Pub. L. 10017, title I,  135(e) Apr. 2, 1987 101 Stat. 174   Section, acts Aug. 2, 1946, ch. 753 60 Stat. 848 May 25, 1948, ch. 336 62 Stat. 267  530. Bridges included and excluded  The provisions of this subchapter shall apply only to bridges over navigable waters of the United States, the construction of which is approved after August 2, 1946 section 401 of this title ( Aug. 2, 1946, ch. 753 60 Stat. 849  531. International bridges  This subchapter shall not be construed to authorize the construction of any bridge which will connect the United States, or any Territory or possession of the United States, with any foreign country. ( Aug. 2, 1946, ch. 753 60 Stat. 849  532. Eminent domain  There are conferred upon any individual, his heirs, legal representatives, or assigns, any firm or corporation, its successors or assigns, or any State, political subdivision, or municipality authorized in accordance with the provisions of this subchapter to build a bridge between two or more States, all such rights and powers to enter upon lands and acquire, condemn, occupy, possess, and use real estate and other property in the respective States needed for the location, construction, operation, and maintenance of such bridge and its approaches, as are possessed by railroad corporations for railroad purposes or by bridge corporations for bridge purposes in the State in which such real estate or other property is situated, upon making just compensation therefor to be ascertained and paid according to the laws of such State, and the proceedings therefor shall be the same as in the condemnation or expropriation of property for public purposes in such State. ( Aug. 2, 1946, ch. 753 60 Stat. 849  533. Penalties for violations (a) Criminal penalties for violation Any person who willfully fails or refuses to comply with any lawful order of the Secretary of the department in which the Coast Guard is operating or the Chief of Engineers issued under the provisions of this subchapter, or who willfully fails to comply with any specific condition imposed by the Chief of Engineers and the Secretary of the department in which the Coast Guard is operating relating to the maintenance and operation of bridges, or who willfully refuses to produce books, papers, or documents in obedience to a subpena or other lawful requirement under this subchapter, or who otherwise willfully violates any provisions of this subchapter, shall, upon conviction thereof, be punished by a fine of not to exceed $5,000 or by imprisonment for not more than one year, or by both such fine and imprisonment. (b) Civil penalties for violation; separate offenses; notice and hearing; assessment, collection, and remission; civil actions Whoever violates any provision of this subchapter, or any order issued under this subchapter, shall be liable to a civil penalty of not more than $5,000 for a violation occurring in 2004; $10,000 for a violation occurring in 2005; $15,000 for a violation occurring in 2006; $20,000 for a violation occurring in 2007; and $25,000 for a violation occurring in 2008 and any year thereafter. Each day a violation continues shall be deemed a separate offense. No penalty may be assessed under this subsection until the person charged is given notice and an opportunity for a hearing on the charge. The Secretary of the department in which the Coast Guard is operating may assess and collect any civil penalty incurred under this subsection and, in his discretion, may remit, mitigate, or compromise any penalty until the matter is referred to the Attorney General. If a person against whom a civil penalty is assessed under this subsection fails to pay that penalty, an action may be commenced in the district court of the United States for any district in which the violation occurs for such penalty. ( Aug. 2, 1946, ch. 753 60 Stat. 849 Pub. L. 97322, title I,  108(d) Oct. 15, 1982 96 Stat. 1584 Pub. L. 97449,  2(d)(1) Jan. 12, 1983 96 Stat. 2440 Pub. L. 108293, title VI,  601(d) Aug. 9, 2004 118 Stat. 1050 Pub. L. 114120, title III,  306(b)(5)(B) Feb. 8, 2016 130 Stat. 56  Editorial Notes Amendments 2016 Pub. L. 114120 2004Subsec. (b). Pub. L. 108293 1983Subsec. (a). Pub. L. 97449 1982 Pub. L. 97322 Statutory Notes and Related Subsidiaries  Transfer of Functions Section 6(g)(6)(C) of Pub. L. 89670 Pub. L. 97449 section 6(g)(6)(C) of Pub. L. 89670  534. Conveyance of right, title, and interest of United States in bridges transferred to States or political subdivisions; terms and conditions  The Secretary of the Army is authorized to transfer or convey to State authorities or political subdivisions thereof all right, title, and interest of the United States, in and to any and all bridges heretofore or hereafter constructed or acquired in connection with the improvement of canals, rivers and harbors, or works of flood control, together with the necessary lands, easements, or rights-of-way, upon such terms and conditions and with or without consideration, as may be determined to be in the best interest of the United States by the Chief of Engineers: Provided ( May 17, 1950, ch. 188 64 Stat. 168  Editorial Notes Codification Section was not enacted as part of the General Bridge Act of 1946 which comprises this subchapter. SUBCHAPTER IV INTERNATIONAL BRIDGES  535. Congressional consent to construction, maintenance, and operation of international bridges; conditions of consent  The consent of Congress is hereby granted to the construction, maintenance, and operation of any bridge and approaches thereto, which will connect the United States with any foreign country (hereinafter in this subchapter referred to as an international bridge) and to the collection of tolls for its use, so far as the United States has jurisdiction. Such consent shall be subject to (1) the approval of the proper authorities in the foreign country concerned; (2) the provisions of sections 491 to 494 and 495 to 498 of this title, except section 496 of this title ( Pub. L. 92434,  2 Sept. 26, 1972 86 Stat. 731  Statutory Notes and Related Subsidiaries Short Title Pub. L. 92434,  1 Sept. 26, 1972 86 Stat. 731 That this Act [enacting this subchapter and amending section 129 of Title 23  535a. Congressional consent to State agreements with Canada and Mexico; Secretary of States approval of agreements The consent of Congress is hereby granted for a State or a subdivision or instrumentality thereof to enter into agreements (1) with the Government of Canada, a Canadian Province, or a subdivision or instrumentality of either, in the case of a bridge connecting the United States and Canada, or (2) with the Government of Mexico, a Mexican State, or a subdivision or instrumentality of either, in the case of a bridge connecting the United States and Mexico, for the construction, operation, and maintenance of such bridge in accordance with the applicable provisions of this subchapter. The effectiveness of such agreement shall be conditioned on its approval by the Secretary of State. ( Pub. L. 92434,  3 Sept. 26, 1972 86 Stat. 731  535b. Presidential approval; recommendations of Federal officials  No bridge may be constructed, maintained, and operated as provided in section 535 of this title ( Pub. L. 92434,  4 Sept. 26, 1972 86 Stat. 731  535c. Approval of Secretary; commencement and completion requirements; extension of time limits  The approval of the Secretary of the department in which the Coast Guard is operating, as required by section 491 of this title section 535b of this title Provided, however ( Pub. L. 92434,  5 Sept. 26, 1972 86 Stat. 732 Pub. L. 114120, title III,  306(b)(6)(A) Feb. 8, 2016 130 Stat. 56  Editorial Notes Amendments 2016 Pub. L. 114120  535d. Repealed. Pub. L. 10017, title I,  135(g) Apr. 2, 1987 101 Stat. 174   Section, Pub. L. 92434,  6 Sept. 26, 1972 86 Stat. 732  535e. Ownership (a) Sale, assignment, or transfer; approval of Secretary Nothing in this subchapter shall be deemed to prevent the individual, corporation, or other entity to which, pursuant to this subchapter, authorization has been given to construct, operate, and maintain an international bridge and the approaches thereto, from selling, assigning, or transferring the rights, powers, and privileges conferred by this subchapter: Provided (b) State status of original applicant upon acquisition of right, title, and interest after termination of private entity licenses, contracts, or orders Upon the acquisition by a State or States, or by a subdivision or instrumentality thereof, of the right, title, and interest of a private individual, corporation, or other private entity, in and to an international bridge, any license, contract, or order issued or entered into by the Secretary of the department in which the Coast Guard is operating, to or with such private individual, corporation, or other private entity, shall be deemed terminated forthwith. Thereafter, the State, subdivision, or instrumentality so acquiring shall operate and maintain such bridge in the same manner as if it had been the original applicant, and the provisions of section 535d 1 1 ( Pub. L. 92434,  8 Sept. 26, 1972 86 Stat. 732 Pub. L. 114120, title III,  306(b)(6)(B) Feb. 8, 2016 130 Stat. 56  Editorial Notes  References in Text Section 535d of this title Pub. L. 10017, title I,  135(g) Apr. 2, 1987 101 Stat. 174 Amendments 2016Subsecs. (a), (b). Pub. L. 114120  535f. Applicability of provisions  This subchapter shall apply to all international bridges constructed under the authority of this subchapter. Section 535a of this title section 129(a)(3) of title 23 ( Pub. L. 92434,  9 Sept. 26, 1972 86 Stat. 733  535g. Federal navigable waters and commerce jurisdiction unaffected  Nothing in this subchapter shall be construed to affect, impair, or diminish any right, power, or jurisdiction of the United States over or in regard to any navigable water or any interstate or foreign commerce. ( Pub. L. 92434,  10 Sept. 26, 1972 86 Stat. 733  535h. Repealed. Pub. L. 114120, title III,  306(b)(6)(C) Feb. 8, 2016 130 Stat. 56   Section, Pub. L. 92434,  11 Sept. 26, 1972 86 Stat. 733 section 535c of this title  535i. Reservation of right to alter or repeal  The right to alter, amend, or repeal this subchapter is expressly reserved. ( Pub. L. 92434,  12 Sept. 26, 1972 86 Stat. 733 CHAPTER 12 RIVER AND HARBOR IMPROVEMENTS GENERALLY    SUBCHAPTER IGENERAL PROVISIONS  Sec.  540. Investigations and improvements; control by Department of the Army; wildlife conservation.  540a. Availability of appropriations for attendance by military personnel at meetings and for printing survey reports.  541. Board of Engineers for Rivers and Harbors; establishment; duties and powers generally.  542. Review by Board of Engineers of reports on examinations and surveys and special reports.  543. Employment of civil engineers on western and northwestern rivers.  544 544a. Repealed.  544b. Employment of physicians to examine employees; fee or employment basis; validation of prior agreements.  544c. Minority group participation in construction of the Tennessee-Tombigbee Waterway project; annual report to Congress.  545. Preliminary examinations and reports; surveys; contents of report to Congress generally.  545a. Discontinuance.  546. Investigation of stream flow and watersheds; surveys in connection with dams.  546a. Information as to configuration of shore line.  547. Reports as to local benefits of improvement and recommendations as to local cooperation.  547a. Inclusion of regional economic development benefits in economic analysis for purposes of computing economic justification of project.  548 549. Omitted or Repealed.  549a. Review of navigation, flood control, and water supply projects.  549b. Inclusion of project or facility in Corps of Engineers workplan.  550. Report on water terminal and transfer facilities.  551. Policy of Government as to terminal facilities for new projects.  552. Repealed.  553. Freight statistics.  554. Duty of shipowners and officers to furnish information to person in local charge of improvement; penalty.  555. Duty of shipowners and officers to furnish information required by Secretary of the Army.  555a. Petroleum product information.  556. Printing reports generally.  557. Payment of costs of printing.  557a. Publication of pamphlets, maps, brochures, and other material.  557b. Sale of publications, charts, or other material; deposit of proceeds.  558. Proceeds from sale or transfer of property acquired.  558a. Repealed.  558b. Exchange of land or property.  558b1. Application to authorized works of flood control.  558c. Rights-of-way over United States land.  559. Disposition of rentals for Government plants.  560. Contributions from private parties; return of excess.  561. Repealed.  561a. Contributions from local interests; reduction to meet lowered cost.  562. Channel depths and dimensions defined.  562a. Project depths for national defense purposes; waterways for general commerce.  563 564. Omitted or Repealed.  565. River and harbor improvement by private or municipal enterprise.  566. Improvement by or under authority of State of New Jersey.  567. Navigation and flood control improvements by Minnesota, North Dakota, and South Dakota.  567a. Flood and pollution control compacts between certain States.  567b. Pollution of Potomac drainage basin; control by State compacts.  567b1. Amended compact.  568. Limitation on power of committee of Congress to consider projects.  569. Personal equipment for employees; use of funds for purpose.  569a. Temporary employment of experts or consultants; compensation.  569b. Contracts; architect and engineering services; surveying and mapping services.  569c. Services of volunteers.  569d. Safety award and promotional materials.  569e. Use of private sector resources in surveying and mapping.  569f. Debarment of persons convicted of fraudulent use of Made in America labels.  570. Default in contract; disposition of amounts collected.  571. Crediting reimbursements for lost, stolen, or damaged property.  572. Collection and removal of drift in Baltimore Harbor.  573 574. Repealed or Omitted.  574a. Training funds.  575. Availability of appropriations for expenses incident to operation of power boats or vessels; expenses defined; certification of expenditures.  576. Revolving fund; establishment; availability; reimbursement; transfer of funds; limitation.  576a. Purchase of passenger motor vehicles by Corps of Engineers.  576b. Lease authority.  576c. Corps of Engineers operation of unmanned aircraft systems.  577. Small river and harbor improvement projects.  577a. Small-boat navigation projects; charter fishing craft.  577b. Cost of operation and maintenance of general navigation features of small boat harbor projects; applicable projects.  578. Disposal of surplus property for development of public port or industrial facilities.  578a. Disposition studies.  578b. Disposition of projects.  579. Repealed.  579a. Corps budgeting; project deauthorizations; comprehensive backlog report.  579b 579d1. Omitted or Repealed.  579d2. Deauthorization of inactive projects.  579e. Access to real estate data.  579f. Budgetary evaluation metrics and transparency; public participation.  SUBCHAPTER IIPAY AND ALLOWANCES; TRAVELING EXPENSES AND SUBSISTENCE  581. Hiring special means of transportation.  582. Repealed.  583. Payment of allowances, etc., incident to change of station of Engineer officers from appropriation for improvements.  583a. Payment of pay and allowances of officers of Corps of Engineers from appropriation for improvements.  584 584a. Repealed.  585. Reserve component training at water resources development projects.  SUBCHAPTER IIIACQUISITION OF LAND AND MATERIALS  591. Condemnation, purchase, and donation of land and materials.  592. Condemnation of land in aid of person, company, corporation, municipal or private.  593. Condemnation of land in aid of State or State agency.  594. When immediate possession of land may be taken.  595. Consideration of benefits in assessing compensation.  595a. Compensation for taking or condemnation of property for public improvements; fair market value; partial taking; effective date.  596. Repealed.  597. Acquisition of lands for water resource development projects; information as to probable timing for acquisition; public meetings; regulations.  598. Resettlement of displaced families, individuals, and business concerns.  598a. Property acquisition.  SUBCHAPTER IVPARTICULAR WORK OR IMPROVEMENTS  601. Mississippi River; regulation of reservoirs at headwaters.  602. Maintenance of channel of South Pass of Mississippi River.  603. Repealed.  603a. Removal of snags and debris, and straightening, clearing, and protecting channels in navigable waters.  604. Removal of snags, etc., from Mississippi River.  605. Operation of snag boats on Upper Mississippi River.  605a. Mississippi River forecasting improvements.  606. Removal of snags, and so forth, from Ohio River.  607. Removal of drift from New York Harbor.  607a. Appropriations; separate project.  608. Construction of fishways.  609. Sluices and other work in dams for development of water power.  610. Control of aquatic plant growths and invasive species.  SUBCHAPTER VPROSECUTION OF WORK GENERALLY  621. By what methods river and harbor work may be authorized to be prosecuted.  622. Contracts, etc., with private industry for implementation of projects for improvements and dredging; reduction of federally owned fleet.  623. Repealed.  624. Limitation on improvement work by private contract.  625. Repealed.  626. Prosecution of work when appropriation insufficient.  627. Application of appropriation when separate works are included therein.  628. Expenditure for dredging within harbor lines.  629. Contract for hire of dredging plant.  630. Limitation on expenditure for purchase of dredges.  631. Transfer of property between projects.  632. Omitted.  633. Protection, alteration, reconstruction, relocation, or replacement of structures and facilities; contract standards; reasonable costs.  634. Assistance relating to water supply.  635. Coast Guard anchorages. SUBCHAPTER I GENERAL PROVISIONS  540. Investigations and improvements; control by Department of the Army; wildlife conservation  Federal investigations and improvements of rivers, harbors, and other waterways shall be under the jurisdiction of and shall be prosecuted by the Department of the Army under the direction of the Secretary of the Army and the supervision of the Chief of Engineers, except as otherwise specifically provided by Act of Congress, which said investigations and improvements shall include a due regard for wildlife conservation. ( June 20, 1938, ch. 535,  1 52 Stat. 802 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Prior Provisions Acts Aug. 30, 1935, ch. 831 49 Stat. 1028 Aug. 26, 1937, ch. 832 50 Stat. 844 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Waterway Improvements Study and Report; Availability of Data to National Transportation Policy Commission Pub. L. 94587,  158 Oct. 22, 1976 90 Stat. 2933 section 154 of Public Law 94280 section 101 of Title 23 Reimbursement of States for Water Resources Projects; Study Pub. L. 89298, title III,  314 Oct. 27, 1965 79 Stat. 1096 Jan. 31, 1967  540a. Availability of appropriations for attendance by military personnel at meetings and for printing survey reports  Appropriations in this title 1 1 1 October 2, 1992 section 4110 of title 5 5 U.S.C. 5901590 ( Pub. L. 102377, title I Oct. 2, 1992 106 Stat. 1325  Editorial Notes  References in Text This title, referred to in text, is title I of Pub. L. 102377 Oct. 2, 1992 106 Stat. 1315  541. Board of Engineers for Rivers and Harbors; establishment; duties and powers generally  There shall be organized in the office of the Chief of Engineers, United States Army, by detail from time to time from the Corps of Engineers, a board of seven engineer officers, a majority of whom shall be of rank not less than lieutenant colonel, whose duties shall be fixed by the Chief of Engineers, and to whom shall be referred for consideration and recommendation, in addition to any other duties assigned, so far as in the opinion of the Chief of Engineers may be necessary, all reports upon examinations and surveys provided for by Congress, and all projects or changes in projects for works of river and harbor improvement prior to June 13, 1902 June 13, 1902 June 13, 1902 The board shall have authority, with the approval of the Chief of Engineers, to rent quarters, if necessary, for the proper transaction of its business, and to employ such civil employees as may, in the opinion of the Chief of Engineers, be required for properly transacting the business assigned to it, and the necessary expenses of the board shall be paid from allotments made by the Chief of Engineers from any appropriations made by Congress for the work or works to which the duties of the board pertain. ( June 13, 1902, ch. 1079,  3 32 Stat. 372 Mar. 4, 1913, ch. 144,  4 37 Stat. 827 Feb. 10, 1932, ch. 26 47 Stat. 42 Pub. L. 103437,  12(a) Nov. 2, 1994 108 Stat. 4590  Editorial Notes Codification The original text of section 3 of act June 13, 1902 Mar. 4, 1913 Other parts of section 4 of act Mar. 4, 1913 section 542 of this title Amendments 1994 Pub. L. 103437 1932Act Feb. 10, 1932 Statutory Notes and Related Subsidiaries  Change of Name Committee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 10414 section 21 of Title 2  Termination of Board of Engineers for Rivers and Harbors and Reassignment of Duties and Responsibilities Pub. L. 102580, title II,  223 Oct. 31, 1992 106 Stat. 4837 The Board of Engineers for Rivers and Harbors, established by section 3 of the River and Harbor Act of June 13, 1902 33 U.S.C. 541 Oct. 31, 1992 Waterways Commission Act Aug. 8, 1917, ch. 49,  18 40 Stat. 269 act June 10, 1920, ch. 285,  29 41 Stat. 1077  542. Review by Board of Engineers of reports on examinations and surveys and special reports  All reports on examinations and surveys authorized by law shall be reviewed by the Board of Engineers for Rivers and Harbors as provided for in section 541 of this title Provided ( Mar. 4, 1913, ch. 144,  4 37 Stat. 826 Pub. L. 103437,  12(b) Nov. 2, 1994 108 Stat. 4590  Editorial Notes Codification Section is from part of section 4 of act Mar. 4, 1913 section 541 of this title Amendments 1994 Pub. L. 103437 Statutory Notes and Related Subsidiaries  Change of Name Committee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 10414 section 21 of Title 2  Termination of Board of Engineers for Rivers and Harbors and Reassignment of Duties and Responsibilities For termination of Board of Engineers for Rivers and Harbors 180 days after Oct. 31, 1992 section 223 of Pub. L. 102580 section 541 of this title Executive Documents  Transfer of Functions For transfer of certain functions insofar as they pertain to Air Force, and to extent that they were not previously transferred to Secretary of the Air Force and Department of the Air Force from Secretary of the Army and Department of the Army, see Secretary of Defense Transfer Order No. 40, July 22, 1949  543. Employment of civil engineers on western and northwestern rivers  The Chief of Engineers may, with the approval of the Secretary of the Army, employ such civil engineers, not exceeding five in number, for the purpose of executing the surveys and improvements of western and northwestern rivers, ordered by Congress, as may be necessary to the proper and diligent prosecution of the same; and the persons so employed may be allowed a reasonable compensation for their services, not to exceed the sum of $3,000 a year. (R.S.  5253; July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Codification R.S.  5253 derived from Res. Mar. 29, 1867 15 Stat. 28 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Executive Documents  Transfer of Functions For transfer of certain functions insofar as they pertain to Air Force, and to extent that they were not previously transferred to Secretary of the Air Force and Department of the Air Force from Secretary of the Army and Department of the Army, see Secretary of Defense Transfer Order No. 40, July 22, 1949  544. Repealed. Aug. 19, 1968 Pub. L. 88448,  402(a)(9) 78 Stat. 493   Section, act June 3, 1896, ch. 314,  7 29 Stat. 235  544a. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 650   Section, act June 20, 1938, ch. 535,  5 52 Stat. 805 section 3323 of Title 5  544b. Employment of physicians to examine employees; fee or employment basis; validation of prior agreements  The Chief of Engineers may authorize the employment of physicians under agreement, to make such physical examinations of employees or prospective employees as he may consider essential, on a fee or regular employment basis, and all agreements entered into prior to March 2, 1945 March 2, 1945 ( Mar. 2, 1945, ch. 19,  5 59 Stat. 24  Executive Documents  Transfer of Functions For transfer of certain functions insofar as they pertain to Air Force, and to extent that they were not previously transferred to Secretary of the Air Force and Department of the Air Force from Secretary of the Army and Department of the Army, see Secretary of Defense Transfer Order No. 40, July 22, 1949  544c. Minority group participation in construction of the Tennessee-Tombigbee Waterway project; annual report to Congress  The Secretary of the Army, acting through the Chief of Engineers, is directed to make a maximum effort to assure the full participation of members of minority groups, living in the States participating in the Tennessee-Tombigbee Waterway Development Authority, in the construction of the Tennessee-Tombigbee Waterway project, including actions to encourage the use, wherever possible, of minority owned firms. ( Pub. L. 94587,  185 Oct. 22, 1976 90 Stat. 2941 Pub. L. 104106, div. A, title X,  1064(e) Feb. 10, 1996 110 Stat. 445  Editorial Notes Amendments 1996 Pub. L. 104106  545. Preliminary examinations and reports; surveys; contents of report to Congress generally In all cases where preliminary examinations and surveys are authorized a preliminary examination of the river, harbor, or other proposed improvement mentioned shall first be made and a report as to the advisability of its improvement shall be submitted unless a survey or estimate is expressly directed. If upon such preliminary examination the proposed improvement is not deemed advisable, no further action shall be taken thereon without the further direction of Congress; but in case the report shall be favorable to such proposed improvement, or that a survey and estimate should be made to determine the advisability of improvement, the Secretary of the Army is authorized, in his discretion, to cause surveys to be made, and the cost and advisability to be reported to Congress. And such reports containing plans and estimates shall also contain a statement as to the rate at which the work should be prosecuted: Provided (a) The existence and establishment of both private and public terminal and transfer facilities contiguous to the navigable water proposed to be improved, and, if water terminals have been constructed, the general location, description, and use made of the same, with an opinion as to their adequacy and efficiency, whether private or public. If no public terminals have been constructed, or if they are inadequate in number, there shall be included in the report an opinion in general terms as to the necessity, number, and appropriate location of the same, and also the necessary relations of such proposed terminals to the development of commerce. (b) The development and utilization of water power for industrial and commercial purposes. (c) Such other subjects as may be properly connected with such project: Provided Provided further ( Mar. 4, 1913, ch. 144,  3 37 Stat. 825 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Codification This section and the second paragraph of section 556 of this title Mar. 4, 1913 act June 25, 1910, ch. 382,  3 36 Stat. 668 Prior Provisions Provision for report of examinations of river and harbor improvements appeared in R.S.  231, repealed by act Mar. 3, 1933, ch. 202,  1 47 Stat. 1428 The Secretary of War shall cause to be prepared and submitted to Congress, in connection with the reports of examinations and surveys of rivers and harbors hereafter made by order of Congress, full statements of all existing facts tending to show to what extent the general commerce of the country will be promoted by the several works of improvements contemplated by such examinations and surveys, to the end that public moneys shall not be applied excepting where such improvements shall tend to subserve the general commercial and navigation interests of the United States. 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  Termination of Board of Engineers for Rivers and Harbors and Reassignment of Duties and Responsibilities For termination of Board of Engineers for Rivers and Harbors 180 days after Oct. 31, 1992 section 223 of Pub. L. 102580 section 541 of this title Temporary Prohibitory Provisions Provisions prohibiting supplemental reports or estimates, prohibiting the making of examination or survey for new works not designated, and providing that projects were not to be deemed entered upon until appropriations were made, appeared in various rivers and harbors appropriation acts. They are omitted from the Code as superseded or temporary. Report on Improvements for Coastal Defense Purposes The Secretary of War and the Secretary of the Navy were authorized and directed to report to Congress at the earliest practicable date, such specific plans for improvement of harbors, canals and connecting channels as would best provide adequate facilities for operations of the fleet for defense of the harbors on the Atlantic, Gulf, and Pacific coasts; also the feasible extensions requisite to make existing approved projects for improvement of such harbors, canals, and channels available for such purposes, and the cost of each such several improvements, calculated upon the basis of completion under contract within five years, by act Aug. 29, 1916, ch. 417 39 Stat. 556 Preliminary Examinations and Surveys of Great Lakes The Secretary of War was directed to cause preliminary examinations and surveys to be made of the harbors and connecting waters of the Great Lakes with a view to determining what additional improvements would be necessary to permit those waterways to accommodate vessels to pass through the Welland Canal when enlarged by the Dominion of Canada, including report as to the character and draft of vessels which might be expected to use the canal when so enlarged, by a provision of the Rivers and Harbors Appropriation Act of 1916, act July 27, 1916, ch. 260,  2 39 Stat. 411  545a. Discontinuance  For preliminary examinations and surveys authorized in previous river and harbor and flood-control Acts, the Secretary of the Army is directed to cause investigations and reports for navigation and allied purposes to be prepared under the supervision of the Chief of Engineers in the form of survey reports, and that preliminary examination reports shall no longer be required to be prepared. ( Pub. L. 85500, title I,  105 July 3, 1958 72 Stat. 300  Editorial Notes  References in Text Previous river and harbor and flood-control Acts, referred to in text, means those acts prior to the River and Harbor Act of 1958 and the Flood Control Act of 1958, titles I and II, respectively, of Pub. L. 85500  546. Investigation of stream flow and watersheds; surveys in connection with dams  The surveys of navigable streams shall include such stream-flow measurements and other investigations of the watersheds as may be necessary for preparation of plans of improvement and a proper consideration of all uses of the stream affecting navigation, and whenever necessary similar investigations may be made in connection with all navigable streams under improvement. Whenever permission for the construction of dams in navigable streams is granted, or is under consideration by Congress, such surveys and investigations of the sections of the streams affected may be made as are necessary to secure conformity with rational plans for the improvement of the streams for navigation. ( June 25, 1910, ch. 382,  3 36 Stat. 669  Editorial Notes Codification Section is from section 3 of act June 25, 1910 section 545 of this title Prior Provisions General provisions regulating the construction of dams were made by the Dam Act of June 21, 1906, ch. 3508 34 Stat. 386 act June 23, 1910, ch. 360 36 Stat. 593  546a. Information as to configuration of shore line  Every report submitted to Congress in pursuance of any provision of law for preliminary examination and survey looking to the improvement of the entrance at the mouth of any river or at any inlet, in addition to other information which the Congress has directed shall be given, shall contain information concerning the configuration of the shore line and the probable effect thereon that may be expected to result from the improvement having particular reference to erosion and/or accretion for a distance of not less than ten miles on either side of the said entrance. ( Aug. 30, 1935, ch. 831,  5 49 Stat. 1048  547. Reports as to local benefits of improvement and recommendations as to local cooperation  Every report submitted to Congress in pursuance of any provision of law for a survey, in addition to other information which the Congress has directed shall be given, shall contain a statement of special or local benefit which will accrue to localities affected by such improvement and a statement of general or national benefits, with recommendations as to what local cooperation should be required, if any, on account of such special or local benefit. ( June 5, 1920, ch. 252,  2 41 Stat. 1010  Editorial Notes Codification Section is from act June 5, 1920  547a. Inclusion of regional economic development benefits in economic analysis for purposes of computing economic justification of project  In the case of any authorized navigation project which has been partially constructed, or is to be constructed, which is located in one or more States, and which serves regional needs, the Secretary of the Army, acting through the Chief of Engineers, may include in any economic analysis which is under preparation on October 22, 1976 ( Pub. L. 94587,  140 Oct. 22, 1976 90 Stat. 2930  548. Omitted  Editorial Notes Codification Section, act Mar. 3, 1925, ch. 467,  7 43 Stat. 1191 March 3, 1925  549. Repealed. Pub. L. 96470, title I,  104(c) Oct. 19, 1980 94 Stat. 2238   Section, act Mar. 3, 1899, ch. 425,  7 30 Stat. 1150  549a. Review of navigation, flood control, and water supply projects  The Secretary of the Army, acting through the Chief of Engineers, is authorized to review the operation of projects the construction of which has been completed and which were constructed by the Corps of Engineers in the interest of navigation, flood control, water supply, and related purposes, when found advisable due 1 1 ( Pub. L. 91611, title II,  216 Dec. 31, 1970 84 Stat. 1830  Editorial Notes Codification Section is from Pub. L. 91611  549b. Inclusion of project or facility in Corps of Engineers workplan (a) In general The Secretary shall, to the maximum extent practicable, include in the future workplan of the Corps any authorized project or facility of the Corps of Engineers (1) that the Secretary has studied for disposition under an existing authority, including by carrying out a disposition study under section 549a of this title (2) for which a final report by the Director of Civil Works has been completed. (b) Notification to committees Upon completion of a final report referred to in subsection (a), the Secretary shall transmit a copy of the report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate. ( Pub. L. 115270, title I,  1117 Oct. 23, 2018 132 Stat. 3776  Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 102 of Pub. L. 115270 section 2201 of this title  550. Report on water terminal and transfer facilities The Chief of Engineers, United States Army, shall indicate in his annual reports the character of the terminal and transfer facilities existing on every harbor or waterway under maintenance or improvement by the United States, and state whether they are considered adequate for existing commerce. He shall also submit one or more special reports on this subject, as soon as possible after January 18, 1918 (a) A brief description of such water terminals, including location and the suitability of such terminals to the existing traffic conditions, and whether such terminals are publicly or privately owned, and the terms and conditions under which they may be subjected to public use. (b) Whether such water terminals are connected by a belt or spur line of railroad with all the railroads serving the same territory or municipality, and whether such connecting railroad is owned by the public and the conditions upon which the same may be used, and also whether there is an interchange of traffic between the water carriers and the railroad or railroads as to such traffic which is carried partly by rail and partly by water to its destination, and also whether improved and adequate highways have been constructed connecting such water terminal with the other lines of highways. (c) If no water terminals have been constructed by the municipality or other existing public agency there shall be included in his report an expression of opinion in general terms as to the necessity, number, and appropriate location of such a terminal or terminals. (d) An investigation of the general subject of water terminals, with descriptions and general plans of terminals of appropriate types and construction for the harbors and waterways of the United States suitable for various commercial purposes and adapted to the varying conditions of tides, floods, and other physical characteristics. ( July 18, 1918, ch. 155,  7 40 Stat. 911  Editorial Notes Codification Section is from act July 18, 1918  551. Policy of Government as to terminal facilities for new projects  It is declared to be the policy of the Congress that water terminals are essential at all cities and towns located upon harbors or navigable waterways and that at least one public terminal should exist, constructed, owned, and regulated by the municipality or other public agency of the State and open to the use of all on equal terms. The Secretary of the Army, through the Chief of Engineers, shall give full publicity, as far as may be practicable, to this provision. ( Mar. 2, 1919, ch. 95,  1 40 Stat. 1286 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Codification Section is from act Mar. 2, 1919 The original text of said section 1 read as follows: It is hereby declared to be the policy of the Congress that water terminals are essential at all cities and towns located upon harbors or navigable waterways and that at least one public terminal should exist, constructed, owned, and regulated by the municipality, or other public agency of the State and open to the use of all on equal terms, and with the view of carrying out this policy to the fullest possible extent the Secretary of War is hereby vested with the discretion to withhold, unless the public interests would seriously suffer by delay, monies appropriated in this Act for new projects adopted herein, or for the further improvement of existing projects if, in his opinion, no water terminals exist adequate for the traffic and open to all on equal terms, or unless satisfactory assurances are received that local or other interests will provide such adequate terminal or terminals. The Secretary of War, through the Chief of Engineers, shall give full publicity, as far as may be practicable, to this provision. 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  552. Repealed. May 29, 1928, ch. 901,  1(28) 45 Stat. 988   Section, act Aug. 5, 1886, ch. 929,  8 24 Stat. 335  553. Freight statistics  In the collection of statistics relating to traffic, the Corps of Engineers is directed to adopt a uniform system of classification for freight, and upon rivers or inland waterways to collate ton-mileage statistics as far as practicable. ( July 25, 1912, ch. 253,  1 37 Stat. 223  Editorial Notes Codification Section is from part of section 1 of act July 25, 1912  554. Duty of shipowners and officers to furnish information to person in local charge of improvement; penalty  Owners, agents, masters, and clerks of vessels arriving at or departing from localities where works of river and harbor improvement are carried on shall furnish, on application of the persons in local charge of the works, a comprehensive statement of vessels, passengers, freight, and tonnage. Every person or persons offending against the provisions of this section shall, for each and every offense, be liable to a fine of $100, or imprisonment not exceeding two months, to be enforced in any district court in the United States within whose territorial jurisdiction such offense may have been committed. ( Feb. 21, 1891, ch. 252 26 Stat. 766  555. Duty of shipowners and officers to furnish information required by Secretary of the Army  Owners, agents, masters, and clerks of vessels and other craft plying upon the navigable waters of the United States, and all individuals and corporations engaged in transporting their own goods upon the navigable waters of the United States, shall furnish such statements relative to vessels, passengers, freight, and tonnage as may be required by the Secretary of the Army: Provided Every person or persons offending against the provisions of this section shall, for each and every offense, be liable to a fine of not more than $5,000, or imprisonment not exceeding two months, to be enforced in any district court in the United States within whose territorial jurisdiction such offense may have been committed. In addition, the Secretary may assess a civil penalty of up to $2,500, per violation, against any person or entity that fails to provide timely, accurate statements required to be submitted pursuant to this section by the Secretary. ( Sept. 22, 1922, ch. 427,  11 42 Stat. 1043 July 26, 1947, ch. 343 61 Stat. 501 Pub. L. 99662, title IX,  919(f) Nov. 17, 1986 100 Stat. 4193  Editorial Notes Codification Section is from act Sept. 22, 1922 Amendments 1986 Pub. L. 99662 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  555a. Petroleum product information (a) Disclosure to States The Secretary shall disclose petroleum product information to any State taxing agency making a request under subsection (b). Such information shall be disclosed for the purpose of, and only to the extent necessary in, the administration of State tax laws. (b) Requests for disclosure Disclosure of information under this section shall be permitted only upon written request by the head of the State taxing agency and only to the representatives of such agency designated in such written request as the individuals who are to inspect or to receive the information on behalf of such agency. Any such representative shall be an employee or legal representative of such agency. (c) Modes of disclosure (1) Requests for the disclosure of information under this section, and such disclosure, shall be made in such manner and at such time and place as shall be prescribed by the Secretary. (2) Information disclosed to any person under this section may be provided in the form of written documents or reproductions of such documents, or by any other mode or means which the Secretary determines necessary or appropriate. A reasonable fee may be prescribed for furnishing such information. (3) Any reproduction of any document or other matter made in accordance with this subsection shall have the same legal status as the original, and any such reproduction shall, if properly authenticated, be admissible in evidence in any judicial or administrative proceeding as if it were the original, whether or not the original is in existence. (d) Confidentiality of disclosed information The Secretary shall not disclose information to a State taxing agency of a State under this section unless such State has in effect provisions of law which (1) exempt such information from disclosure under a State law requiring agencies of the State to make information available to the public, or (2) otherwise protect the confidentiality of the information. Nothing in the preceding sentence shall be construed to prohibit the disclosure by an officer or employee of a State of information to another officer or employer of such State (or political subdivision of such State) to the extent necessary in the administration of State tax laws. (e) Definitions For purposes of this section, the term (1) petroleum product information means information relating to petroleum products transported by vessel which is received by the Secretary (A) under section 555 of this title (2) State taxing agency means any State agency, body, or commission, or its legal representative, which is charged under the laws of such State with responsibility for the administration of State tax laws. (f) Omitted ( Pub. L. 99662, title IX,  919 Nov. 17, 1986 100 Stat. 4192  Editorial Notes Codification Subsec. (f) of this section amended section 555 of this title Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2201 of this title  556. Printing reports generally  The Secretary of the Army shall cause the manuscript of the annual report of the Chief of Engineers and subordinate engineers, relating to the improvement of rivers and harbors, and the report of the Mississippi River Commission to be placed in the hands of the Director of the Government Publishing Office on or before the 15th day of October in each year, and the Director of the Government Publishing Office shall cause said reports to be printed with an accurate and comprehensive index thereof, on or before the first Monday in December in each year, for the use of Congress. All reports on examinations and surveys which may be prepared during the recess of Congress shall, in the discretion of the Secretary of the Army, be printed by the Director of the Government Publishing Office as documents of the following session of Congress. ( Aug. 11, 1888, ch. 860,  8 25 Stat. 424 June 13, 1902, ch. 1079,  1 32 Stat. 367 Mar. 4, 1913, ch. 144,  3 37 Stat. 826 July 26, 1947, ch. 343 61 Stat. 501 Pub. L. 113235, div. H, title I,  1301(d) Dec. 16, 2014 128 Stat. 2537  Editorial Notes Codification The first paragraph of this section is from act Aug. 11, 1888 The Mississippi River Commission was created by act June 28, 1879 The words and Missouri which appeared in the original text after Mississippi were superseded by the abolition of the Missouri River Commission by act June 13, 1902, ch. 1079,  1 32 Stat. 367 The second paragraph of this section is from the last paragraph of section 3 of act Mar. 4, 1913 act July 25, 1912, ch. 253 37 Stat. 231 section 545 of this title Statutory Notes and Related Subsidiaries  Change of Name Director of the Government Publishing Office substituted for Public Printer in text on authority of section 1301(d) of Pub. L. 113235 section 301 of Title 44 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Compilation and Printing of Laws Act June 5, 1920, ch. 252,  6 41 Stat. 1014 act Mar. 3, 1925, ch. 467,  4 43 Stat. 1190 Mar. 4, 1913  557. Payment of costs of printing  The printing of matter relating to river and harbor works, including all reports, compilations, regulations, and so forth, whose preparation is allowable under Department of the Army regulations, shall be done and paid for out of regular annual appropriations for printing and binding for the Department of the Army. ( July 25, 1912, ch. 253,  13 37 Stat. 234 July 1, 1916, ch. 209,  1 39 Stat. 330 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Codification Section is from section 1 of act July 1, 1916 July 25, 1912 Section 1 of that act was a provision, following an appropriation for printing for the War Department, of the Sundry Civil Appropriation Act for 1917. The repealed section 13 of act July 25, 1912 The printing of matter relating to river and harbor works, including all reports, compilations, regulations, and so forth, whose preparation is allowable under War Department regulations, may, upon recommendation of the Chief of Engineers and approval by the Secretary of War, be paid for from river and harbor appropriations. 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  557a. Publication of pamphlets, maps, brochures, and other material  The Chief of Engineers is authorized to publish information pamphlets, maps, brochures, and other material on river and harbor, flood control, and other civil works activities, including related public park and recreation facilities, under his jurisdiction, as he may deem to be of value to the general public. ( Pub. L. 85480,  1 July 2, 1958 72 Stat. 279  557b. Sale of publications, charts, or other material; deposit of proceeds  The Chief of Engineers is authorized to provide for the sale of any of the material prepared under authority of section 557a of this title ( Pub. L. 85480,  2 July 2, 1958 72 Stat. 279  Editorial Notes  References in Text The Civil Functions Appropriation Act, 1954, referred to in text, is act July 27, 1953, ch. 245 67 Stat. 197 section 576 of this title  558. Proceeds from sale or transfer of property acquired  When any property which has been heretofore or may be hereafter purchased or acquired for the improvement of rivers and harbors is no longer needed, or is no longer serviceable and is transferred or sold, the proceeds thereof may be credited to the appropriation for the work for which it was acquired. ( June 13, 1902, ch. 1079,  5 32 Stat. 373 Feb. 20, 1931, ch. 235 46 Stat. 1191 Oct. 31, 1951, ch. 654,  4(4) 65 Stat. 709  Editorial Notes Codification Section originally began with the words when any land or other preceding property. The words, land or other, were deleted on the basis of act February 20, 1931 Section is from the first part of section 5 of act June 13, 1902 section 631 of this title Amendments 1951Act Oct. 31, 1951  558a. Repealed. Oct. 31, 1951, ch. 654,  1(56) 65 Stat. 703   Section, act Aug. 30, 1935, ch. 831,  7 49 Stat. 1048  558b. Exchange of land or property  In any case in which it may be necessary or advisable in the execution of an authorized work of river and harbor improvement to exchange land or other property of the Government for private lands or property required for such project, the Secretary of the Army may, upon the recommendation of the Chief of Engineers, authorize such exchange upon terms and conditions deemed appropriate by him, and any conveyance of Government land or interests therein necessary to effect such exchange may be executed by the Secretary of the Army: Provided further 16 U.S.C. 831 ( June 20, 1938, ch. 535,  2 52 Stat. 804 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes  References in Text The Tennessee Valley Authority Act, referred to in text, is act May 18, 1933, ch. 32 48 Stat. 58 section 831 of Title 16 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  558b1. Application to authorized works of flood control  Section 558b of this title ( Aug. 11, 1939, ch. 699,  3 53 Stat. 1414  558c. Rights-of-way over United States land  The Secretary of the Army is authorized and empowered, under such terms and conditions as are deemed advisable by him, to grant easements for rights-of-way for public roads and streets on and across lands acquired by the United States for river and harbor and flood control improvements including, whenever necessary, the privilege of occupying so much of said lands as may be necessary for the piers, abutments, and other portions of a bridge structure: Provided Provided further Provided further 16 U.S.C. 831 ( June 20, 1938, ch. 535,  10 52 Stat. 808 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes  References in Text The Tennessee Valley Authority Act, referred to in text, is act May 18, 1933, ch. 32 48 Stat. 58 section 831 of Title 16 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  559. Disposition of rentals for Government plants  Amounts paid after August 8, 1917 ( Aug. 8, 1917, ch. 49,  13 40 Stat. 268  Editorial Notes Codification Section is from act Aug. 8, 1917  560. Contributions from private parties; return of excess  The Secretary of the Army is authorized to receive from private parties such funds as may be contributed by them to be expended in connection with funds appropriated by the United States for any authorized work of public improvement of rivers and harbors whenever such work and expenditure may be considered by the Chief of Engineers as advantageous to the interests of navigation: Provided ( Mar. 4, 1915, ch. 142,  4 38 Stat. 1053 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Codification Section is from act Mar. 4, 1915 Prior Provisions Section superseded act Mar. 4, 1913, ch. 144,  8 37 Stat. 827 The Secretary of War is hereby authorized to receive from private parties such funds as may be contributed by them to be expended in connection with funds appropriated by the United States for any authorized work of public improvement of rivers and harbors, whenever such work and expenditure may be considered by the Chief of Engineers as advantageous to the interests of navigation. 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  561. Repealed. Pub. L. 115270, title I,  1166(c) Oct. 23, 2018 132 Stat. 3798   Section, act Mar. 3, 1925, ch. 467,  11 43 Stat. 1197 July 26, 1947, ch. 343 61 Stat. 501  561a. Contributions from local interests; reduction to meet lowered cost  When the authorization of a project of river and harbor improvement requires that local interests shall contribute a specific sum of money toward its cost, the Secretary of the Army, upon the recommendation of the Chief of Engineers, may reduce the sum to be contributed to an amount which shall be in the same ratio to the amount of the required contribution as the actual cost of the work to which said contribution is applicable bears to its original estimated cost as set forth in the project document. ( Mar. 3, 1933, ch. 216 47 Stat. 1545 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Codification A prior provision that the reduction authorized by this section was not to apply to contributions made prior to Mar. 3, 1933 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  562. Channel depths and dimensions defined  In the preparation of projects under this and subsequent river and harbor acts and after the project becomes operational, unless otherwise expressed, the channel depths referred to shall be understood to signify the depth at mean lower low water, as defined by the Department of Commerce for nautical charts and tidal predictions, in tidal waters tributary to the Atlantic and Gulf coasts and at mean lower low water, as defined by the Department of Commerce for nautical charts and tidal predictions, in tidal waters tributary to the Pacific coast and the mean depth for a continuous period of fifteen days of the lowest water, as defined by the Department of Commerce for nautical charts and tidal predictions, in the navigation season of any year in rivers and nontidal channels, and and 1 1 ( Mar. 4, 1915, ch. 142,  5 38 Stat. 1053 Pub. L. 102580, title II,  224 Oct. 31, 1992 106 Stat. 4837  Editorial Notes Codification Section is from act Mar. 4, 1915 Prior Provisions Section superseded act Mar. 4, 1913, ch. 144,  9 37 Stat. 827 In the preparation of projects under this and subsequent river and harbor acts, unless otherwise expressed, the channel depths referred to shall be understood to signify the depth at mean lower low water in tidal waters, and the mean depth during the month of lowest water in the navigation season in rivers and nontidal channels, and the channel dimensions specified shall be understood to admit of such increase at the entrances, bends, sidings, and turning places as may be necessary to allow of the free movement of boats. Amendments 1992 Pub. L. 102580  562a. Project depths for national defense purposes; waterways for general commerce  The Chief of Engineers, under the direction of the Secretary of the Army, is hereby authorized to maintain authorized river and harbor projects in excess of authorized project depths where such excess depths have been provided by the United States for defense purposes and whenever the Chief of Engineers determines that such waterways also serve essential needs of general commerce. ( Pub. L. 90483, title I,  117 Aug. 13, 1968 82 Stat. 737  563. Omitted  Editorial Notes Codification Section, act Sept. 22, 1922, ch. 427,  6 42 Stat. 1042 Sept. 22, 1922  564. Repealed. July 3, 1943, ch. 189,  5 57 Stat. 374   Section, acts June 25, 1910, ch. 382,  4 36 Stat. 676 June 5, 1920, ch. 252,  9 41 Stat. 1015  565. River and harbor improvement by private or municipal enterprise  Any person or persons, corporations, municipal or private, who desire to improve any navigable river, or any part thereof, at their or its own expense and risk may do so upon the approval of the plans and specifications of said proposed improvement by the Secretary of the Army and Chief of Engineers of the Army. The plan of said improvement must conform with the general plan of the Government improvements, must not impede navigation, and no toll shall be imposed on account thereof, and said improvement shall at all times be under the control and supervision of the Secretary of the Army and Chief of Engineers. ( June 13, 1902, ch. 1079,  1 32 Stat. 371 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Codification Section is from act June 13, 1902 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Construction of Canal The consent of Congress was given to the construction of a ship canal along the Government right of way connecting the waters of Puget Sound with Lake Washington, said canal, when completed, to be turned over to the United States, by act June 11, 1906, ch. 3072 34 Stat. 231  566. Improvement by or under authority of State of New Jersey  Authority is given to the State of New Jersey, or, through it, to any commission, individual, corporation, or municipality, singly or collectively, designated by the legislature of said State, or by a commission appointed or authorized by said legislature, to improve the channels on the New Jersey seacoast, or any portion of said coast, or the waters adjacent thereto, lying between thirty-eight degrees fifty-six minutes and forty degrees twenty minutes north latitude, by dredging, or by the construction of piers, jetties, or breakwaters, or other river and harbor work of any description or nature adapted to attain the ends now pursued by the United States Government for the advantage of said coast or the relief of commerce: Provided And provided Provided further And provided further ( June 30, 1906, ch. 3923 34 Stat. 800 July 26, 1947, ch. 343 61 Stat. 501  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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  567. Navigation and flood control improvements by Minnesota, North Dakota, and South Dakota  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 61 Stat. 501  Editorial Notes Codification Section is from a part of section 5 of act Aug. 8, 1917 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  567a. Flood and pollution control compacts between certain States  The consent of the Congress of the United States is given to the States of Maine, New York, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, Pennsylvania, West Virginia, Kentucky, Indiana, Illinois, Tennessee, and Ohio, or any two or more of them, to negotiate and enter into agreements or compacts for conserving and regulating the flow, lessening flood damage, removing sources of pollution of the waters thereof, or making other public improvements on any rivers or streams whose drainage basins lie within any two or more of the said States. No such compact or agreement shall be binding or obligatory upon any State a party thereto unless and until it has been approved by the legislatures of each of the States whose assent is contemplated by the terms of the compact or agreement and by the Congress. ( June 8, 1936, ch. 542 49 Stat. 1490  Statutory Notes and Related Subsidiaries Approval of Compact by Congress Act July 11, 1940, ch. 581 54 Stat. 752 The consent and approval of Congress is hereby given to an interstate compact relating to the control and reduction of the pollution of the streams of the Ohio River drainage basin negotiated and entered into or to be entered into under authority of Public Resolution Numbered 104, Seventy-fourth Congress, approved June 8, 1936  Sec  Sec  Sec  Sec  567b. Pollution of Potomac drainage basin; control by State compacts  The consent of Congress is given to the States of Maryland and West Virginia and the Commonwealths of Virginia and Pennsylvania and the District of Columbia to enter into the compact to create a Potomac Valley Conservancy District and to establish an Interstate Commission on the Potomac River Basin: Provided ( July 11, 1940, ch. 579 54 Stat. 748  567b1. Amended compact  The consent of Congress is hereby given to the States of Maryland and West Virginia and the Commonwealths of Virginia and Pennsylvania and the District of Columbia to adopt the aforementioned amendments and enter into the amended compact hereinbefore recited and every part and article thereof: Provided And provided further ( Pub. L. 91407,  1 Sept. 25, 1970 84 Stat. 860  Editorial Notes  References in Text The amended compact, referred to in text, is set out in 84 Stat. 856  568. Limitation on power of committee of Congress to consider projects  No project shall be considered by any committee of Congress with a view to its adoption, except with a view to a survey, if five years have elapsed since a report upon a survey of such project has been submitted to Congress pursuant to law. ( Sept. 22, 1922, ch. 427,  9 42 Stat. 1043  Editorial Notes Codification Section is from act Sept. 22, 1922  569. Personal equipment for employees; use of funds for purpose  Funds heretofore or hereafter appropriated for rivers and harbors to be expended under the supervision of the Secretary of the Army shall be available for expenditure in the purchase of such personal equipment for employees as in the opinion of the Chief of Engineers are essential for the efficient prosecution of the works. ( Jan. 21, 1927, ch. 47,  5(b) 44 Stat. 1021 July 26, 1947, ch. 343 61 Stat. 501  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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Executive Documents  Transfer of Functions For transfer of certain functions insofar as they pertain to Air Force, and to extent that they were not previously transferred to Secretary of the Air Force and Department of the Air Force from Secretary of the Army and Department of the Army, see Secretary of Defense Transfer Order No. 40, July 22, 1949  569a. Temporary employment of experts or consultants; compensation  The Chief of Engineers is authorized to procure the temporary or intermittent services of experts or consultants or organizations thereof in connection with civil functions of the Corps of Engineers without regard to chapter 51 and subchapter III of chapter 53 of title 5: Provided ( July 3, 1930, ch. 847,  6 46 Stat. 948 May 17, 1950, ch. 188 64 Stat. 168 Pub. L. 91611, title I,  104 Dec. 31, 1970 84 Stat. 1819  Editorial Notes Codification Chapter 51 and subchapter III of chapter 53 of title 5 substituted in text for the Classification Act as amended on authority of Pub. L. 89554,  7(b) Sept. 6, 1966 80 Stat. 631 Amendments 1970 Pub. L. 91611 1950Act May 17, 1950 Statutory Notes and Related Subsidiaries References in Other Laws to GS16, 17, or 18 Pay Rates References in laws to the rates of pay for GS16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I,  101(c)(1)] of Pub. L. 101509 section 5376 of Title 5  569b. Contracts; architect and engineering services; surveying and mapping services  Contracts for architect and engineering services, and surveying and mapping services, shall be awarded by the Chief of Engineers in accordance with title IX of the Federal Property and Administrative Services Act of 1949. 1 1 ( Pub. L. 9863, title I July 30, 1983 97 Stat. 311  Editorial Notes  References in Text The Federal Property and Administrative Services Act of 1949, referred to in text, is act June 30, 1949, ch. 288 63 Stat. 377 Pub. L. 107217 Aug. 21, 2002 116 Stat. 1062 section 101 of Title 40  569c. Services of volunteers  The United States Army Chief of Engineers may accept the services of volunteers and provide for their incidental expenses, including expenses relating to uniforms, transportation, lodging, and the subsistence of those volunteers, to carry out any activity of the Army Corps of Engineers except policy-making or law or regulatory enforcement. Such volunteers shall not be employees of the United States Government except for the purposes of (1) chapter 171 of title 28, relating to tort claims, and (2) chapter 81 of title 5, relating to compensation for work injuries. ( Pub. L. 9863, title I July 30, 1983 97 Stat. 312 Pub. L. 113121, title I,  1047(d) June 10, 2014 128 Stat. 1256  Editorial Notes Amendments 2014 Pub. L. 113121 Public Law 9863 33 U.S.C. 569c  569d. Safety award and promotional materials (a) Promotion of safety program (1) Procurement of promotional materials The Secretary is authorized to procure materials that, in the judgment of the Secretary, are necessary to promote the Corps of Engineers safety program. (2) Distribution of materials to employees The items purchased pursuant to this subsection shall be distributed to employees of the Corps of Engineers to advance the goals of the safety program. (b) Employee recognition The Secretary is authorized to incur necessary expenses for the honorary recognition of the outstanding safety performance of employees of the Corps of Engineers. Such recognition may be in the form of certificates, plaques, cash, or other forms of awards. (c) Authorization of appropriations There is authorized to be appropriated $350,000 for each fiscal year beginning after September 30, 1992 ( Pub. L. 102580, title II,  210 Oct. 31, 1992 106 Stat. 4830  Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 3 of Pub. L. 102580 section 2201 of this title  569e. Use of private sector resources in surveying and mapping  To the maximum extent practicable, the Secretary shall make use of private sector resources in carrying out surveying and mapping activities in the Civil Works Program of the Corps of Engineers. ( Pub. L. 102580, title II,  212 Oct. 31, 1992 106 Stat. 4831  Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 3 of Pub. L. 102580 section 2201 of this title  569f. Debarment of persons convicted of fraudulent use of Made in America labels  If the Secretary determines that a person has been convicted of intentionally affixing a label bearing a Made in America inscription to any product sold in or shipped to the United States which is not made in the United States and which is used in a civil works project of the Secretary, the Secretary shall debar the person from contracting with the Federal Government for a period of not less than 3 years and not more than 5 years. For purposes of this section, the term debar has the meaning that term has under section 4654(c) of title 10 ( Pub. L. 102580, title II,  226 Oct. 31, 1992 106 Stat. 4838 Pub. L. 11781, div. A, title XVII,  1702 l Dec. 27, 2021 135 Stat. 2160  Editorial Notes Amendments 2021 Pub. L. 11781 Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 3 of Pub. L. 102580 section 2201 of this title  570. Default in contract; disposition of amounts collected  Any amounts collected from defaulting contractors or their sureties under contracts entered into in connection with river and harbor or flood-control work prosecuted by the Engineer Department, whether collected in cash or by deduction from amounts otherwise due such contractors, hereafter shall be credited in each case to the appropriation under which the contract was made. ( Aug. 30, 1935, ch. 831,  8 49 Stat. 1048  571. Crediting reimbursements for lost, stolen, or damaged property  Any amounts collected from any person, persons, or corporations as a reimbursement for lost, stolen, or damaged property, purchased in connection with river and harbor or flood-control work prosecuted under the direction of the Secretary of the Army and the supervision of the Chief of Engineers, whether collected in cash or by deduction from amounts otherwise due such person, persons, or corporations, hereafter shall be credited in each case to the appropriation that bore the cost of purchase, repair, or replacement of the lost, stolen, or damaged property. ( June 20, 1938, ch. 535,  4 52 Stat. 805 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Codification Section is also set out as section 701k of this title 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  572. Collection and removal of drift in Baltimore Harbor  On and after July 30, 1948 ( June 30, 1948, ch. 771 62 Stat. 1173  573. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 656   Section, act May 17, 1950, ch. 188, title I,  111 64 Stat. 170 5 U.S.C. 947  574. Omitted  Editorial Notes Codification Section, act Sept. 6, 1950, ch. 896 64 Stat. 726  574a. Training funds (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. 110114, 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. 110114 section 2201 of this title  575. Availability of appropriations for expenses incident to operation of power boats or vessels; expenses defined; certification of expenditures  On and after July 31, 1947 Provided ( July 31, 1947, ch. 411,  1 61 Stat. 688  Editorial Notes Codification Section is also set out as section 701b9 of this title Section was formerly classified to sections 190a and 199 of Title 10 prior to the general revision and enactment of Title 10, Armed Forces, by act Aug. 10, 1956, ch. 1041,  1 70A Stat. 1  576. Revolving fund; establishment; availability; reimbursement; transfer of funds; limitation (a) Revolving fund For establishment of a revolving fund, to be available without fiscal year limitation, for expenses necessary for the maintenance and operation of the plant and equipment of the Corps of Engineers used in civil works functions, including acquisition of plant and equipment, maintenance, repair, and purchase, operation, and maintenance of not to exceed four aircraft at any one time, temporary financing of services finally chargeable to appropriations for civil works functions, and the furnishing of facilities and services for military functions of the Department of the Army and other Government agencies and private persons, as authorized by law. In addition, the Secretary of the Army is authorized to provide capital for the fund by capitalizing the present inventories, plant and equipment of the civil works functions of the Corps of Engineers. The fund shall be credited with reimbursements or advances for the cost of equipment, facilities, and services furnished, at rates which shall include charges for overhead and related expenses, depreciation of plant and equipment, and accrued leave: Provided July 1, 1953 June 30, 1953 June 30, 1953 Provided further (b) Prohibition (1) In general No funds may be expended or obligated from the revolving fund described in subsection (a) to newly construct, or perform a major renovation on, a building for use by the Corps of Engineers unless specifically authorized by law. (2) Statutory construction Nothing in this subsection may be construed to (A) change any authority provided under subchapter I of chapter 169 of title 10; 1 1 (B) change the use of funds under subsection (a) for purposes other than those described in paragraph (1). (c) Transmission to Congress of prospectus To secure consideration for an authorization under subsection (b), the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representative and the Committee on Environment and Public Works of the Senate a prospectus of the proposed construction or major renovation of a building that includes (1) a brief description of the building; (2) the location of the building; (3) an estimate of the maximum cost to be provided by the revolving fund for the building to be constructed or renovated; (4) the total size of the building after the proposed construction or major renovation; (5) the number of personnel proposed to be housed in the building after the construction or major renovation; (6) a statement that other suitable space owned by the Federal Government is not available; (7) a statement of rents and other housing costs currently being paid for the tenants proposed to be housed in the building; and (8) the size of the building currently housing the tenants proposed to be housed in the building. (d) Provision of building project surveys (1) In general If requested by resolution by the Committee on Environment and Public Works of the Senate or the Committee on Transportation and Infrastructure of the House of Representatives, the Secretary shall create a building project survey for the construction or major renovation of a building described in subsection (b). (2) Report Within a reasonable time after creating a building project survey under paragraph (1), the Secretary shall submit to Congress a report on the survey that includes the information required to be included in a prospectus under subsection (c). (e) Major renovation defined In this section, the term major renovation means a renovation or alteration of a building for use by the Corps of Engineers with a total expenditure of more than $20,000,000. ( July 27, 1953, ch. 245,  101 67 Stat. 199 Pub. L. 114322, title I,  1160 Dec. 16, 2016 130 Stat. 1667  Editorial Notes  References in Text Subchapter I of chapter 169 of title 10, referred to in subsec. (b)(2)(A), probably means subchapter I ( 2801 et seq.) of chapter 169 of Title 10, Armed Forces. Codification Section was formerly classified to section 190b of Title 10 act Aug. 10, 1956, ch. 1041,  1 70A Stat. 1 Amendments 2016 Pub. L. 114322 Statutory Notes and Related Subsidiaries Headquarters Aircraft; Transfer and Reassignment of Property Accountability to Army Military Activity Pub. L. 101101, title I,  105 Sept. 29, 1989 103 Stat. 649 Notwithstanding section 110 of the Energy and Water Development Appropriation Act, 1988, Public Law 100202 Retention of Three Operational Aircraft; Notice of Intended Use Outside United States Pub. L. 100202,  101(d) [title I,  110] Dec. 22, 1987 101 Stat. 1329104 The Chief of Engineers is directed to retain three operational aircraft authorized pursuant to section 101 of the Act of July 27, 1953 67 Stat. 199 33 U.S.C. 576  576a. Purchase of passenger motor vehicles by Corps of Engineers  On and after March 4, 1933 section 1343 of title 31 ( Mar. 4, 1933, ch. 281 47 Stat. 1599  Editorial Notes Codification  Section 1343 of title 31 section 5 of the Act of July 16, 1914 Pub. L. 97258,  4(b) Sept. 13, 1982 96 Stat. 1067 Section was formerly classified to section 638b of Title 31 Pub. L. 97258 Sept. 13, 1982 96 Stat. 877 Section was also formerly classified to section 78a of Title 5 Pub. L. 89554 Sept. 6, 1966 80 Stat. 378  576b. Lease authority  Notwithstanding any other provision of law, the Secretary may lease space available in buildings for which funding for construction or purchase was provided from the revolving fund established by the 1st section of the Civil Functions Appropriations Act, 1954 ( 33 U.S.C. 576 67 Stat. 199 ( Pub. L. 104303, title II,  213 Oct. 12, 1996 110 Stat. 3684  Editorial Notes  References in Text The Civil Functions Appropriations Act, 1954, referred to in text, is act July 27, 1953, ch. 245 67 Stat. 197  576c. Corps of Engineers operation of unmanned aircraft systems (a) In general The Secretary shall designate an individual, within the headquarters office of the Corps of Engineers, who shall serve as the coordinator and principal approving official for developing the process and procedures by which the Corps of Engineers (1) operates and maintains small unmanned aircraft (as defined in section 331 of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 40101 1 1 (2) acquires, applies for, and receives any necessary Federal Aviation Administration authorizations for such operations and systems. (b) Requirements A small unmanned aircraft system acquired, operated, or maintained for carrying out the missions specified in subsection (a) shall be operated in accordance with regulations of the Federal Aviation Administration as a civil aircraft or public aircraft, at the discretion of the Secretary, and shall be exempt from regulations of the Department of Defense, including the Department of the Army, governing such system. (c) Limitation A small unmanned aircraft system acquired, operated, or maintained by the Corps of Engineers is excluded from use by the Department of Defense, including the Department of the Army, for any mission of the Department of Defense other than a mission specified in subsection (a). ( Pub. L. 114322, title I,  1124 Dec. 16, 2016 130 Stat. 1647  Editorial Notes  References in Text Section 331 of the FAA Modernization and Reform Act of 2012, referred to in subsec. (a)(1), is section 331 of Pub. L. 11295 section 40101 of Title 49 section 44802 of Title 49 Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 1002 of Pub. L. 114322 section 2201 of this title  577. Small river and harbor improvement projects (a) Allotment from appropriations for construction The Secretary of the Army is authorized to allot from any appropriations hereafter made for rivers and harbors not to exceed $62,500,000 for any one fiscal year for the construction of small river and harbor improvement projects not specifically authorized by Congress which will result in substantial benefits to navigation and which can be operated consistently with appropriate and economic use of the waters of the Nation for other purposes, when in the opinion of the Chief of Engineers such work is advisable, if benefits are in excess of the cost. (b) Limitation on allotment Not more than $10,000,000 shall be allotted for the construction of a project under this section at any single locality and the amount allotted shall be sufficient to complete the Federal participation in the project under this section. (c) Lands, easements, and rights-of-way; indemnification; assurances of local cooperation Local interests shall provide without cost to the United States all necessary lands, easements and rights-of-way for all projects to be constructed under the authority of this section. In addition, local interests may be required to hold and save the United States free from damages that may result from the construction and maintenance of the project and may be required to provide such additional local cooperation as the Chief of Engineers deems appropriate. A State, county, municipality or other responsible local entity shall give assurance satisfactory to the Chief of Engineers that such conditions of cooperation as are required will be accomplished. (d) Sharing of costs by non-Federal interests Non-Federal interests may be required to share in the cost of the project to the extent that the Chief of Engineers deems that such cost should not be borne by the Federal Government in view of the recreational or otherwise special or local nature of the project benefits. (e) Completeness of project Each project for which money is allotted under this section shall be complete in itself and not commit the United States to any additional improvement to insure its successful operation, other than routine maintenance, and except as may result from the normal procedure applying to projects authorized after submission of survey reports, and projects constructed under the authority of this section shall be considered as authorized projects. (f) Low water access navigation channels from existing channel of Mississippi River This section shall apply to, but not be limited to, the provision of low water access navigation channels from the existing channel of the Mississippi River to harbor areas heretofore or now established and located along the Mississippi River. ( Pub. L. 86645, title I,  107 July 14, 1960 74 Stat. 486 Pub. L. 89298, title III,  310(a) Oct. 27, 1965 79 Stat. 1095 Pub. L. 91611, title I,  112(a) Dec. 31, 1970 84 Stat. 1821 Pub. L. 94587,  133(a) Oct. 22, 1976 90 Stat. 2928 Pub. L. 99662, title IX,  915(d) Nov. 17, 1986 100 Stat. 4191 Pub. L. 110114, title II,  2022 Nov. 8, 2007 121 Stat. 1078 Pub. L. 113121, title I,  1030(b) June 10, 2014 128 Stat. 1231 Pub. L. 115270, title I,  1157(b) Oct. 23, 2018 132 Stat. 3794  Editorial Notes Amendments 2018Subsec. (a). Pub. L. 115270 2014Subsec. (a). Pub. L. 113121,  1030(b)(1) Subsec. (b). Pub. L. 113121,  1030(b)(2) 2007Subsec. (b). Pub. L. 110114 1986Subsec. (a). Pub. L. 99662 Subsec. (b). Pub. L. 99662 1976Subsec. (b). Pub. L. 94587 1970Subsec. (a). Pub. L. 91611 Subsec. (b). Pub. L. 91611 1965Subsec. (a). Pub. L. 89298,  310(a)(1) Subsec. (b). Pub. L. 89298,  310(a)(2) Statutory Notes and Related Subsidiaries Effective Date of 1986 Amendment Amendment by Pub. L. 99662 Nov. 17, 1986 section 915(i) of Pub. L. 99662 section 426g of this title Effective Date of 1976 Amendment Pub. L. 94587,  133(c) Oct. 22, 1976 90 Stat. 2928 The amendments made by this section [amending this section and section 701s of this title Oct. 22, 1976 Effective Date of 1970 Amendment Amendment by Pub. L. 91611 Dec. 31, 1970 section 112(c) of Pub. L. 91611 section 426g of this title  577a. Small-boat navigation projects; charter fishing craft  The Chief of Engineers, for the purpose of determining Federal and non-Federal cost sharing, relating to proposed construction of small-boat navigation projects, shall consider charter fishing craft as commercial vessels. ( Pub. L. 91611, title I,  119 Dec. 31, 1970 84 Stat. 1822  577b. Cost of operation and maintenance of general navigation features of small boat harbor projects; applicable projects  The cost of operation and maintenance of the general navigation features of small boat harbor projects shall be borne by the United States. This section shall apply to any such project authorized (A) under section 201 of the Flood Control Act of 1965 [ 42 U.S.C. 1962d5 33 U.S.C. 577 January 1, 1970 December 31, 1970 ( Pub. L. 91611, title I,  103 Dec. 31, 1970 84 Stat. 1819 Pub. L. 93251,  6 Mar. 7, 1974 88 Stat. 15  Editorial Notes  References in Text This Act, referred to in text, means Pub. L. 91611 Dec. 31, 1970 84 Stat. 1818 Hereafter, referred to in text, probably means after Dec. 31, 1970 Amendments 1974 Pub. L. 93251 January 1, 1970 December 31, 1970 42 U.S.C. 1962d5 33 U.S.C. 577  578. Disposal of surplus property for development of public port or industrial facilities (a) Conveyance by Secretary of the Army Whenever the Secretary of the Army, upon the recommendation of the Chief of Engineers, determines that notwithstanding the provisions of chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, with respect to disposal of surplus real property, (1) the development of public port or industrial facilities on land which is part of a water resource development project under his jurisdiction will be in the public interest; (2) that such development will not interfere with the operation and maintenance of the project; and (3) that disposition of the property for these purposes under this section will serve the objectives of the project within which the land is located, he may convey the land by quitclaim deed to a State, political subdivision thereof, port district, port authority, or other body created by the State or through a compact between two or more States for the purpose of developing or encouraging the development of such facilities. In any case, where two or more political subdivisions thereof, or bodies created by, a State or group of States, seek to obtain the same land, the Secretary of the Army shall give preference to that political subdivision or body whose intended use of land will, in his opinion, best promote the purposes for which the project involved was authorized. (b) Purchase price; conditions, reservations or restrictions Any conveyance authorized by this section shall be made at the fair market value of the land, as determined by the Secretary of the Army, upon condition that the property shall be used for one of the purposes stated in the subsection (a) of this section only, and subject to such other conditions, reservations or restrictions as the Secretary may determine to be necessary for the development, maintenance, or operation of the project or otherwise in the public interest. (c) Notice of proposed conveyance Prior to the conveyance of any land under the provisions of this section, the Secretary of the Army shall, in the manner he deems reasonable, give public notice of the proposed conveyance and afford an opportunity to interested eligible bodies in the general vicinity of the land to apply for its purchase. (d) Delegation of authority The Secretary of the Army may delegate any authority conferred upon him by this section to any officer or employee of the Department of the Army. Any such officer or employee shall exercise the authority so delegated under rules and regulations approved by the Secretary. (e) Deposit of proceeds The proceeds from any conveyance made under the provisions of this section shall be covered into the Treasury as miscellaneous receipts. ( Pub. L. 86645, title I,  108 July 14, 1960 74 Stat. 486  Editorial Notes Codification In subsec. (a), chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41 substituted for the Federal Property and Administrative Services Act of 1949 ( 63 Stat. 377 Pub. L. 107217,  5(c) Aug. 21, 2002 116 Stat. 1303 Pub. L. 111350,  6(c) Jan. 4, 2011 124 Stat. 3854  578a. Disposition studies (a) In general In carrying out a disposition study for a project of the Corps of Engineers, including a disposition study under section 549a of this title Public Law 113121 128 Stat. 1349 (b) Completion of assessment and inventory Not later than 1 year after December 16, 2016 Public Law 113121 128 Stat. 1349 ( Pub. L. 114322, title I,  1165 Dec. 16, 2016 130 Stat. 1670  Editorial Notes  References in Text Section 6002 of the Water Resources Reform and Development Act of 2014, referred to in text, is section 6002 of Pub. L. 113121 June 10, 2014 128 Stat. 1349 Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 1002 of Pub. L. 114322 section 2201 of this title  578b. Disposition of projects (a) In general In carrying out a disposition study for a project of the Corps of Engineers, or a separable element of such a project, including a disposition study under section 549a of this title (b) Disposition study transparency The Secretary shall carry out disposition studies described in subsection (a) in a transparent manner, including by (1) providing opportunities for public input; and (2) publishing the final disposition studies. (c) Removal of infrastructure For disposition studies described in subsection (a) in which the Secretary determines that a Federal interest no longer exists, and makes a recommendation of removal of the project or separable element of a project, the Secretary is authorized, using existing authorities, to pursue removal of the project or separable element of a project in partnership with other Federal agencies and non-Federal entities with appropriate capabilities to undertake infrastructure removal. ( Pub. L. 115270, title I,  1168 Oct. 23, 2018 132 Stat. 3798  Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 102 of Pub. L. 115270 section 2201 of this title  579. Repealed. Pub. L. 101640, title I,  119(b) Nov. 28, 1990 104 Stat. 4630   Section, Pub. L. 93251, title I,  12 Mar. 7, 1974 88 Stat. 16 Oct. 8, 1974 Pub. L. 94587,  157(a) Oct. 22, 1976 90 Stat. 2933 Feb. 4, 1977  579a. Corps budgeting; project deauthorizations; comprehensive backlog report (a) Funds to be obligated for construction to avoid deauthorization Any project authorized for construction by this Act shall not be authorized after the last day of the 5-year period beginning on November 17, 1986 (b) Transmission to Congress of list of unconstructed projects or separable elements authorized but not receiving obligations during 10 fiscal years preceding transmission; two-year updates of list (1) Not later than one year after November 17, 1986 December 31, 1989 November 17, 1986 December 31, 1989 (2)  Comprehensive construction backlog and operation and maintenance report. (A)  In general The Secretary, once every 2 years, shall compile and publish (i) a complete list of all projects and separable elements of projects of the Corps of Engineers that are authorized for construction but have not been completed; (ii) a complete list of all feasibility studies of the Corps of Engineers that Congress has authorized the Secretary to carry out for which a Report of the Chief of Engineers has not been issued; (iii) a complete list of all environmental infrastructure projects authorized by Congress under section 219 of the Water Resources Development Act of 1992 ( 106 Stat. 4835 (iv) a list of major Federal operation and maintenance needs of projects and properties under the control of the Corps of Engineers. (B)  Required information The Secretary shall include on each list developed under clause (i), (ii), or (iii) of subparagraph (A) for each feasibility study, project, and separable element on that list (i) the date of authorization of the feasibility study, project, or separable element, including any subsequent modifications to the original authorization; (ii) the original budget authority for the feasibility study, project, or separable element; (iii) a brief description of the feasibility study, project, or separable element; (iv) the estimated date of completion of the feasibility study, project, or separable element, assuming all capability is fully funded; (v) the estimated total cost of completion of the feasibility study, project, or separable element; (vi) the amount of funds spent on the feasibility study, project, or separable element, including Federal and non-Federal funds; (vii) the amount of appropriations estimated to be required in each fiscal year during the period of construction to complete the project or separable element by the date specified under clause (iv); (viii) the location of the feasibility study, project, or separable element; (ix) a statement from the non-Federal interest for the project or separable element indicating the non-Federal interests capability to provide the required local cooperation estimated to be required for the project or separable element in each fiscal year during the period of construction; (x) the benefit-cost ratio of the project or separable element, calculated using the discount rate specified by the Office of Management and Budget for purposes of preparing the Presidents budget pursuant to chapter 11 of title 31; (xi) the benefit-cost ratio of the project or separable element, calculated using the discount rate utilized by the Corps of Engineers for water resources development project planning pursuant to section 1962d17 of title 42 (xii) the last fiscal year in which the project or separable element incurred obligations. (C)  Required operation and maintenance information The Secretary shall include on the list developed under subparagraph (A)(iv), for each project and property under the control of the Corps of Engineers on that list (i) the authority under which the project was authorized or the property was acquired by the Corps of Engineers; (ii) a brief description of the project or property; (iii) an estimate of the Federal costs to meet the major operation and maintenance needs at the project or property; and (iv) an estimate of unmet or deferred operation and maintenance needs at the project or property. (D)  Publication. (i)  In general For fiscal year 2020, and once every 2 years thereafter, in conjunction with the Presidents annual budget submission to Congress under section 1105(a) of title 31 (I) 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; and (II) the Director of the Office of Management and Budget. (ii)  Public availability The Secretary shall make a copy of the lists available on a publicly accessible website site 1 1 ( Pub. L. 99662, title X,  1001 Nov. 17, 1986 100 Stat. 4201 Pub. L. 101640, title I,  119(a) Nov. 28, 1990 104 Stat. 4630 Pub. L. 104303, title II,  228(a) Oct. 12, 1996 110 Stat. 3703 Pub. L. 106109,  8(d) Nov. 24, 1999 113 Stat. 1496 Pub. L. 110114, title II,  2046 Nov. 8, 2007 121 Stat. 1105 Pub. L. 113121, title VI,  6001(b) June 10, 2014 128 Stat. 1345 Pub. L. 115270, title I,  1154(a) Oct. 23, 2018 132 Stat. 3791 Pub. L. 116260, div. AA, title III,  360(b) Dec. 27, 2020 134 Stat. 2732  Editorial Notes  References in Text This Act, referred to in subsec. (a), is Pub. L. 99662 Nov. 17, 1986 100 Stat. 4082 section 2201 of this title Section 219 of the Water Resources Development Act of 1992, referred to in subsec. (b)(2)(A)(iii), is section 219 of Pub. L. 102580 Oct. 31, 1992 106 Stat. 4835 Amendments 2020Subsec. (b)(2), (3). Pub. L. 116260,  360(b)(1) Subsec. (c). Pub. L. 116260,  360(b)(2) 2018 Pub. L. 115270,  1154(a)(1) Subsec. (b)(3), (4). Pub. L. 115270,  1154(a)(2) 2014Subsec. (b)(3), (4). Pub. L. 113121 2007Subsec. (b)(2). Pub. L. 110114,  2046(3) Pub. L. 110114,  2046(2) Pub. L. 110114,  2046(1) 1999Subsec. (b)(2). Pub. L. 106109 section 3003 of Public Law 10466 31 U.S.C. 1113 109 Stat. 734 1996Subsec. (b)(2). Pub. L. 104303 1990Subsec. (b)(2). Pub. L. 101640 Statutory Notes and Related Subsidiaries Savings Clause Pub. L. 115270, title I,  1332(b) Oct. 23, 2018 132 Stat. 3835 Notwithstanding the third sentence of section 1001(b)(2) of the Water Resources Development Act of 1986 (former 33 U.S.C. 579a(b)(2) December 15, 2016 130 Stat. 1687 33 U.S.C. 579d(b)(1)(A) Project Deauthorizations; Extension of Limitation on Period of Authorization Pub. L. 100676,  52(a) Nov. 17, 1988 102 Stat. 4044 Pub. L. 100676 section 2201 of this title Nov. 17, 1988 Pub. L. 100676 Pub. L. 104303, title II,  228(b)(1) Oct. 12, 1996 110 Stat. 3703  Secretary Defined Secretary means the Secretary of the Army, see section 2201 of this title  579b. Omitted  Editorial Notes Codification Section, Pub. L. 113121, title VI,  6001 June 10, 2014 128 Stat. 1345 Pub. L. 114322, title I,  1301(g) Dec. 16, 2016 130 Stat. 1690 Nov. 8, 2007 Pub. L. 114322, title I,  1301(g) Dec. 16, 2016 130 Stat. 1690 section 6001 of Pub. L. 113121 section 579a of this title  579c. Repealed. Pub. L. 116260, div. AA, title III,  360(d) Dec. 27, 2020 134 Stat. 2733   Section, Pub. L. 113121, title VI,  6003 June 10, 2014 128 Stat. 1349 Pub. L. 115270, title I,  1330(a) Oct. 23, 2018 132 Stat. 3827 Public Law 113121  579c1. Repealed. Pub. L. 116260, div. AA, title III,  360(f) Dec. 27, 2020 134 Stat. 2733   Section, Pub. L. 114322, title I,  1302 Dec. 16, 2016 130 Stat. 1690 Public Law 114322  579c2. Repealed. Pub. L. 116260, div. AA, title III,  360(h) Dec. 27, 2020 134 Stat. 2733   Section, Pub. L. 115270, title I,  1302 Oct. 23, 2018 132 Stat. 3817 Public Law 115270  579d. Repealed. Pub. L. 116260, div. AA, title III,  360(e) Dec. 27, 2020 134 Stat. 2733   Section, Pub. L. 114322, title I,  1301 Dec. 16, 2016 130 Stat. 1686 Public Law 114322  579d1. Repealed. Pub. L. 116260, div. AA, title III,  360(g) Dec. 27, 2020 134 Stat. 2733   Section, Pub. L. 115270, title I,  1301 Oct. 23, 2018 132 Stat. 3814 Public Law 115270  579d2. Deauthorization of inactive projects (a) Purposes The purposes of this section are (1) to identify water resources development projects, and separable elements of projects, authorized by Congress that are no longer viable for construction due to (A) a lack of local support; (B) a lack of available Federal or non-Federal resources; or (C) an authorizing purpose that is no longer relevant or feasible; (2) to create an expedited and definitive process for Congress to deauthorize water resources development projects and separable elements that are no longer viable for construction; and (3) to allow the continued authorization of water resources development projects and separable elements that are viable for construction. (b) Proposed deauthorization list (1) Preliminary list of projects (A) In general The Secretary shall develop a preliminary list of each water resources development project, or separable element of a project, authorized for construction before November 8, 2007 (i) planning, design, or construction was not initiated before the date of enactment of this Act; or (ii) planning, design, or construction was initiated before the date of enactment of this Act, but for which no funds, Federal or non-Federal, were obligated for planning, design, or construction of the project or separable element of the project during the current fiscal year or any of the 10 preceding fiscal years. (B) Use of comprehensive construction backlog and operation and maintenance report The Secretary may develop the preliminary list from the comprehensive construction backlog and operation and maintenance reports developed pursuant to section 579a(b)(2) of this title (2) Preparation of proposed deauthorization list (A) Proposed list and estimated deauthorization amount The Secretary shall (i) prepare a proposed list of projects for deauthorization comprised of a subset of projects and separable elements identified on the preliminary list developed under paragraph (1) that are projects or separable elements described in subsection (a)(1), as determined by the Secretary; and (ii) include with such proposed list an estimate, in the aggregate, of the Federal cost to complete such projects. (B) Determination of Federal cost to complete For purposes of subparagraph (A), the Federal cost to complete shall take into account any allowances authorized by section 2280 of this title (3) Public comment and consultation (A) In general The Secretary shall solicit comments from the public and the Governors of each applicable State on the proposed deauthorization list prepared under paragraph (2)(A). (B) Comment period The public comment period shall be 90 days. (4) Preparation of final deauthorization list (A) In general The Secretary shall prepare a final deauthorization list by (i) considering any comments received under paragraph (3); and (ii) revising the proposed deauthorization list prepared under paragraph (2)(A) as the Secretary determines necessary to respond to such comments. (B) Appendix The Secretary shall include as part of the final deauthorization list an appendix that (i) identifies each project or separable element on the proposed deauthorization list that is not included on the final deauthorization list; and (ii) describes the reasons why the project or separable element is not included on the final deauthorization list. (c) Submission of final deauthorization list to Congress for congressional review; publication (1) In general Not later than 90 days after the date of the close of the comment period under subsection (b)(3), the Secretary shall (A) submit the final deauthorization list and appendix prepared under subsection (b)(4) to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate; and (B) publish the final deauthorization list and appendix in the Federal Register. (2) Exclusions The Secretary shall not include in the final deauthorization list submitted under paragraph (1) any project or separable element with respect to which Federal funds for planning, design, or construction are obligated after the development of the preliminary list under subsection (b)(1)(A) but prior to the submission of the final deauthorization list under paragraph (1)(A) of this subsection. (d) Repealed. Pub. L. 117263, div. H, title LXXXI,  8301(b) Dec. 23, 2022 136 Stat. 3776 (e) Special rules (1) Post-authorization studies A project or separable element of a project may not be identified on the proposed deauthorization list developed under subsection (b), or the final deauthorization list developed under subsection (c), if the project or separable element received funding for a post-authorization study during the current fiscal year or any of the 10 preceding fiscal years. (2) Treatment of project modifications For purposes of this section, if an authorized water resources development project or separable element of the project has been modified by an Act of Congress, the date of the authorization of the project or separable element shall be deemed to be the date of the most recent such modification. (f) Deauthorization of antiquated projects (1) In general Any water resources development project, or separable element of a project, authorized for construction prior to November 17, 1986 December 27, 2020 December 27, 2020 (2) Identification Not later than 60 days after December 27, 2020 (A) the name of each project, or separable element of a project, deauthorized by paragraph (1); and (B) the estimated current value of each such project or separable element of a project. (g) Economic and environmental review of inactive water resources development projects The Secretary or the non-Federal interest may not carry out any authorized water resources development project, or separable element of such project, for which construction has not been initiated in the 20-year period following the date of the authorization of such project or separable element, until (1) the Secretary provides to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a post-authorization change report that updates the economic and environmental analysis of the project or separable element; and (2) the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate take appropriate action to address any modifications to the economic and environmental analysis for the project or separable element of the project contained in the post-authorization change report. (h) Definitions In this section: (1) Post-authorization change report The term post-authorization change report has the meaning given such term in section 2282e(d) of this title (2) Post-authorization study The term post-authorization study means (A) a feasibility report developed under section 2282 of this title (B) a feasibility study, as defined in section 2215(d) of this title (C) a review conducted under section 549a of this title (i) demonstrates a Federal interest; and (ii) requires additional analysis for the project or separable element. ( Pub. L. 116260, div. AA, title III,  301 Dec. 27, 2020 134 Stat. 2699 Pub. L. 117263, div. H, title LXXXI,  8301 Dec. 23, 2022 136 Stat. 3775  Editorial Notes  References in Text The date of enactment of this Act, referred to in subsec. (b)(1)(A), probably means the date of enactment of Pub. L. 117263 Dec. 23, 2022 Amendments 2022Subsecs. (a) to (c). Pub. L. 117263,  8301(a) Subsec. (d). Pub. L. 117263,  8301(b) Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of div. AA of Pub. L. 116260 section 2201 of this title  579e. Access to real estate data (a) In general Using available funds, the Secretary shall make publicly available, including on a publicly accessible website, information on all Federal real estate assets in the United States that are owned, operated, or managed by, or in the custody of, the Corps of Engineers. (b) Requirements (1) In general The real estate information made available under subsection (a) shall include (A) existing standardized real estate plat descriptions of assets described in subsection (a); and (B) existing geographic information systems and geospatial information associated with such assets. (2) Collaboration In making information available under subsection (a), the Secretary shall consult with the Administrator of General Services. Such information may be made available, in whole or in part, in the Federal real property database published under section 21 of the Federal Assets Sale and Transfer Act of 2016 ( Public Law 114287 (c) Limitation Nothing in this section shall compel or authorize the disclosure of data or other information determined by the Secretary to be confidential, privileged, national security information, personal information, or information the disclosure of which is otherwise prohibited by law. (d) Timing The Secretary shall ensure that the implementation of subsection (a) occurs as soon as practicable. (e) Effect on other laws Nothing in this section shall be construed as modifying, or exempting the Corps of Engineers from, the requirements of the Federal real property database published under section 21 of the Federal Assets Sale and Transfer Act of 2016 ( Public Law 114287 ( Pub. L. 115270, title I,  1107 Oct. 23, 2018 132 Stat. 3773  Editorial Notes  References in Text Section 21 of the Federal Assets Sale and Transfer Act of 2016, referred to in subsecs. (b)(2) and (e), is section 21 of Pub. L. 114287 section 1303 of Title 40 Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 102 of Pub. L. 115270 section 2201 of this title  579f. Budgetary evaluation metrics and transparency; public participation (a) Omitted (b) Budgetary evaluation metrics and transparency Beginning in fiscal year 2020, in the formulation of the annual budget request for the U.S. Army Corps of Engineers (Civil Works) pursuant to section 1105(a) of title 31 (1) aligns the assessment of the potential benefit-cost ratio for budgeting water resources development projects with that used by the Corps of Engineers during project plan formulation and evaluation pursuant to section 1962d17 of title 42 (2) demonstrates the transparent criteria and metrics utilized by the President in the evaluation and selection of water resources development projects included in such budget request. (c) Public participation In the development of, or any proposed major substantive modification to, a proposed budget for water resources development projects, the Secretary, through each District shall, not less frequently than annually (1) provide to non-Federal interests and other interested stakeholders information on the proposed budget for projects or substantive modifications to project budgets within each Districts jurisdiction; (2) hold multiple public meetings to discuss the budget for projects within each Districts jurisdiction; and (3) provide to non-Federal interests the opportunity to collaborate with District personnel for projects within each Districts jurisdiction (A) to support information sharing; and (B) to the maximum extent practicable, to share in concept development and decisionmaking to achieve complementary or integrated solutions to problems. ( Pub. L. 115270, title I,  1154 Oct. 23, 2018 132 Stat. 3791  Editorial Notes Codification Section is comprised of section 1154 of Pub. L. 115270 section 1154 of Pub. L. 115270 section 579a of this title Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 102 of Pub. L. 115270 section 2201 of this title SUBCHAPTER II PAY AND ALLOWANCES; TRAVELING EXPENSES AND SUBSISTENCE  581. Hiring special means of transportation  In their execution and inspection of river and harbor improvement work, at points beyond easy reach of ordinary regular transportation lines, Engineer officers are authorized to hire and use such transportation as they may consider desirable and advantageous to the progress of work. ( July 25, 1912, ch. 253,  9 37 Stat. 233  Editorial Notes Codification Section is from act July 25, 1912  582. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 644   Section, act July 18, 1918, ch. 155,  9 40 Stat. 912  583. Payment of allowances, etc., incident to change of station of Engineer officers from appropriation for improvements  When in the opinion of the Secretary of the Army the changes of a station of an officer of the Corps of Engineers is primarily in the interest of river and harbor improvement, the mileage and other allowances to which he may be entitled incident to such change of station may be paid from appropriations for such improvements. ( Mar. 3, 1925, ch. 467,  5 43 Stat. 1191 July 26, 1947, ch. 343 61 Stat. 501  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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  583a. Payment of pay and allowances of officers of Corps of Engineers from appropriation for improvements (a) In general The personnel described in subsection (b) who are employed primarily on duty connected with non-military public works prosecuted under the direction of the Chief of Engineers, including river and harbor improvements, flood control, and other such works, shall, while so employed, be paid their pay and allowances from the appropriation for the works upon which they are employed. (b) Personnel described The personnel referred to in subsection (a) are the following: (1) Regular officers of the Corps of Engineers of the Army. (2) The following members of the Army who are assigned to the Corps of Engineers: (A) Reserve component officers. (B) Warrant officers (whether regular or reserve component). (C) Enlisted members (whether regular or reserve component). ( Aug. 10, 1956, ch. 1041,  36 70A Stat. 634 Pub. L. 117263, div. H, title LXXXI,  8125 Dec. 23, 2022 136 Stat. 3715  Editorial Notes Codification Section is derived from the third proviso of Act June 26, 1936, ch. 839 49 Stat. 1974 section 181a of Title 10 act Aug. 10, 1956, ch. 1041,  1 70A Stat. 1 Amendments 2022 Pub. L. 117263  584, 584a. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 647   Section 584, act Jan. 21, 1927, ch. 47,  5(d) 44 Stat. 1021  Section 584a, act July 3, 1930, ch. 847,  6 46 Stat. 948  585. Reserve component training at water resources development projects (a) In general In carrying out military training activities or otherwise fulfilling military training requirements, units or members of a reserve component of the Armed Forces may perform services and furnish supplies in support of a water resources development project or program of the Corps of Engineers without reimbursement. (b) Exception This section shall not apply to any member of a reserve component of the Armed Forces who is employed by the Corps of Engineers on a full-time basis. ( Pub. L. 117263, div. H, title LXXXI,  8124 Dec. 23, 2022 136 Stat. 3715 SUBCHAPTER III ACQUISITION OF LAND AND MATERIALS  591. Condemnation, purchase, and donation of land and materials  The Secretary of the Army may cause proceedings to be instituted, in the name of the United States, in any court having jurisdiction of such proceedings, for the acquirement by condemnation of any land, right-of-way, or material needed to enable him to maintain, operate, or prosecute works for the improvement of rivers and harbors for which provision has been made by law; such proceedings to be prosecuted in accordance with the laws relating to suits for the condemnation of property of the States wherein the proceedings may be instituted: Provided, however ( Apr. 24, 1888, ch. 194 25 Stat. 94 July 26, 1947, ch. 343 61 Stat. 501  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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  592. Condemnation of land in aid of person, company, corporation, municipal or private  Whenever any person, company, or corporation, municipal or private, shall undertake to secure any land or easement therein needed in connection with a work of river and harbor improvement duly authorized by Congress, for the purpose of conveying the same to the United States free of cost, or for the purpose of constructing, maintaining, and operating locks, dry docks, or other works to be conveyed to the United States free of cost, and of constructing, maintaining and operating dams for use in connection therewith, and shall be unable for any reason to obtain the same by purchase and acquire a valid title thereto, the Secretary of the Army may, in his discretion, cause proceedings to be instituted in the name of the United States for the acquirement by condemnation of said land or easement, and it shall be the duty of the Attorney General of the United States to institute and conduct such proceedings upon the request of the Secretary of the Army: Provided ( May 16, 1906, ch. 2465 34 Stat. 196 June 29, 1906, ch. 3628 34 Stat. 632 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Codification Act May 16, 1906 Whenever any person, company, or corporation, municipal or private, shall undertake to secure, for the purpose of conveying the same to the United States free of cost, any land or easement therein, needed in connection with a work of river and harbor improvement duly authorized by Congress, and shall be unable for any reason to obtain a valid title thereto, the Secretary of War may, in his discretion, cause proceedings to be instituted in the name of the United States for the acquirement by condemnation of said land or easement, and it shall be the duty of the Attorney General of the United States to institute and conduct such proceedings upon the request of the Secretary of War: Provided, That all the expenses of said proceedings and any award that may be made thereunder shall be paid by the said person, company, or corporation, to secure which payment the Secretary of War may require the said person, company, or corporation to execute a proper bond in such amount as he may deem necessary before said proceedings are commenced. 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  593. Condemnation of land in aid of State or State agency  Whenever any State, or any reclamation, flood control or drainage district, or other public agency created by any State, shall undertake to secure any land or easement therein, needed in connection with a work of river and harbor improvement duly authorized by Congress, for the purpose of conveying the same to the United States free of cost, and shall be unable for any reason to obtain the same by purchase and acquire a valid title thereto, the Secretary of the Army may, in his discretion, cause proceedings to be instituted in the name of the United States for the acquirement by condemnation of said land or easement, and it shall be the duty of the Attorney General of the United States to institute and conduct such proceedings upon the request of the Secretary of the Army: Provided ( Aug. 8, 1917, ch. 49,  9 40 Stat. 267 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Codification Section is from act Aug. 8, 1917 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  594. When immediate possession of land may be taken  Whenever the Secretary of the Army, in pursuance of authority conferred on him by law, causes proceedings to be instituted in the name of the United States for the acquirement by condemnation of any lands, easements, or rights of way needed for a work of river and harbor improvements duly authorized by Congress, the United States, upon the filing of the petition in any such proceedings, shall have the right to take immediate possession of said lands, easements, or rights-of-way, to the extent of the interest to be acquired, and proceed with such public works thereon as have been authorized by Congress: Provided ( July 18, 1918, ch. 155,  5 40 Stat. 911 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Codification Section is from act July 18, 1918 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  595. Consideration of benefits in assessing compensation  In all cases where private property shall be taken by the United States for the public use in connection with any improvement of rivers, harbors, canals, or waterways of the United States, and in all condemnation proceedings by the United States to acquire lands or easements for such improvements, where a part only of any such parcel, lot, or tract of land shall be taken, the jury or other tribunal awarding the just compensation or assessing the damages to the owner, whether for the value of the part taken or for any injury to the part not taken, shall take into consideration by way of reducing the amount of compensation or damages any special and direct benefits to the remainder arising from the improvement, and shall render their award or verdict accordingly. ( July 18, 1918, ch. 155,  6 40 Stat. 911  Editorial Notes Codification Section is from act July 18, 1918  595a. Compensation for taking or condemnation of property for public improvements; fair market value; partial taking; effective date  In all cases where real property shall be taken by the United States for the public use in connection with any improvement of rivers, harbors, canals, or waterways of the United States, and in all condemnation proceedings by the United States to acquire lands or easements for such improvements, the compensation to be paid for real property taken by the United States above the normal high water mark of navigable waters of the United States shall be the fair market value of such real property based upon all uses to which such real property may reasonably be put, including its highest and best use, any of which uses may be dependent upon access to or utilization of such navigable waters. In cases of partial takings of real property, no depreciation in the value of any remaining real property shall be recognized and no compensation shall be paid for any damages to such remaining real property which result from loss of or reduction of access from such remaining real property to such navigable waters because of the taking of real property or the purposes for which such real property is taken. The compensation defined herein shall apply to all acquisitions of real property after December 31, 1970 December 31, 1970 ( Pub. L. 91611, title I,  111 Dec. 31, 1970 84 Stat. 1821  596. Repealed. Pub. L. 91646, title III,  306 Jan. 2, 1971 84 Stat. 1907   Section, Pub. L. 86645, title III,  301 July 14, 1960 74 Stat. 502 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal not applicable to any State so long as sections 4630 and 4655 of title 42 are not applicable in such State; but such sections completely applicable to all States after July 1, 1972 section 221 of Pub. L. 91646 section 4601 of Title 42 Savings Provision Any rights or liabilities existing under provisions repealed by section 306 of Pub. L. 91646 section 306 of Pub. L. 91646 section 4651 of Title 42  597. Acquisition of lands for water resource development projects; information as to probable timing for acquisition; public meetings; regulations  Within six months after the date that Congress authorizes construction of a water resource development project under the jurisdiction of the Secretary of the Army, the Corps of Engineers shall make reasonable effort to advise owners and occupants in and adjacent to the project area as to the probable timing for the acquisition of lands for the project and for incidental rights-of-way, relocations, and any other requirements affecting owners and occupants. Within a reasonable time after initial appropriations are made for land acquisition or construction, including relocations, the Corps of Engineers shall conduct public meetings at locations convenient to owners and tenants to be displaced by the project in order to advise them of the proposed plans for acquisition and to afford them an opportunity to comment. To carry out the provisions of this section, the Chief of Engineers shall issue regulations to provide, among other things, dissemination of the following information to those affected: (1) factors considered in making the appraisals; (2) desire to purchase property without going to court; (3) legal right to submit to condemnation proceedings; (4) payments for moving expenses or other losses not covered by appraised market value; (5) occupancy during construction; (6) removal of improvements; (7) payments required from occupants of Government acquired land; (8) withdrawals by owners of deposits made in court by Government, and (9) use of land by owner when easement is acquired. The provisions of this section shall not subject the United States to any liability nor affect the validity of any acquisitions by purchase or condemnation and shall be exempt from the operations of subchapter II of chapter 5, and chapter 7, of title 5. ( Pub. L. 86645, title III,  302 July 14, 1960 74 Stat. 502  Editorial Notes Codification Subchapter II of chapter 5, and chapter 7, of title 5 substituted in text for the Administrative Procedure Act of June 11, 1946 Pub. L. 89554,  7(b) Sept. 6, 1966 80 Stat. 631 Statutory Notes and Related Subsidiaries Short Title Pub. L. 86645, title III,  303 July 14, 1960 74 Stat. 503 Title III of this Act [enacting this section and section 596 of this title  598. Resettlement of displaced families, individuals, and business concerns (a) Acquisition of land; condemnation expenses; bond Whenever any State, or any agency or instrumentality of a State or local government, or any nonprofit incorporated body organized or chartered under the law of the State in which it is located, or any nonprofit association or combination of such bodies, agencies or instrumentalities, shall undertake to secure any lands or interests therein as a site for the resettlement of families, individuals, and business concerns displaced by a river and harbor improvement, flood control or other water resource project duly authorized by Congress, and when it has been determined by the Secretary of the Army that the State is unable to acquire necessary lands or interests in lands or is unable to acquire such lands or interests in lands with sufficient promptness, the Secretary, upon the request of the Governor of the State in which such site is located, and after consultation with appropriate Federal, State, interstate, regional, and local departments and agencies, is authorized, in the name of the United States and prior to the approval of title by the Attorney General, to acquire, enter upon, and take possession of such lands or interests in lands by purchase, donation, condemnation or otherwise in accordance with the laws of the United States (including sections 31143116 and 3118 of title 40). All expenses of said acquisition and any award that may be made under a condemnation proceeding, including costs of examination and abstract of title, certificate of title, appraisal, advertising, and any fees incident to acquisition, shall be paid by such State or body, agency, or instrumentality. The State, agency, instrumentality, or nonprofit body may repay such amounts from any funds made available to it for such purposes by any Federal department, agency, or instrumentality (other than the Department of the Army) having authority to make funds available for such a purpose. Pending such payment, the Secretary may expend from any funds hereafter appropriated for the project occasioning such acquisition such sums as may be necessary to carry out this section. To secure payment, the Secretary may require any such State or agency, body, or instrumentality to execute a proper bond in such amount as he may deem necessary before acquisition is commenced. Any sums paid to the Secretary by any such State or agency, body or instrumentality shall be deposited in the Treasury to the credit of the appropriation for such project. (b) Acquisition provisions No acquisition shall be undertaken under the authority of this section unless the Secretary has determined, after consultation with appropriate Federal, State, and local governmental agencies that (1) the development of a site is necessary in order to alleviate hardships to displaced persons; (2) the location of the site is suitable for development in relation to present or potential sources of employment; and (3) a plan for development of the site has been approved by appropriate local governmental authorities in the area or community in which such site is located. (c) Conveyance to State, public or private nonprofit body The Secretary is further authorized and directed by proper deed, executed in the name of the United States, to convey any lands or interests in land acquired in any State under the provisions of this section, to the State, or such public or private nonprofit body, agency, or institution in the State as the Governor may prescribe, upon such terms and conditions as may be agreed upon by the Secretary, the Governor, and the agency to which the conveyance is to be made. ( Pub. L. 90483, title II,  209 Aug. 13, 1968 82 Stat. 745  Editorial Notes Codification Sections 31143116 and 3118 of title 40 substituted in subsec. (a) for the Act of February 26, 1931 46 Stat. 1421 Pub. L. 107217,  5(c) Aug. 21, 2002 116 Stat. 1303  598a. Property acquisition (a) In general In acquiring an interest in land, or requiring a non-Federal interest to acquire an interest in land, the Secretary shall, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 [ 42 U.S.C. 4601 (b) Determination In determining an interest in land under subsection (a), the Secretary shall first consider a temporary easement or other interest designed to reduce the overall cost of the water resources development project for which such interest is acquired, reduce the time to complete such project, and minimize conflict with property owners related to such project. (c) Procedures used in State In carrying out subsection (a), the Secretary shall consider, with respect to a State, the procedures that the State uses to acquire, or require the acquisition of, interests in land, to the extent that such procedures are generally consistent with the goals of a project or action. ( Pub. L. 115270, title I,  1115 Oct. 23, 2018 132 Stat. 3776  Editorial Notes  References in Text The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (a), is Pub. L. 91646 Jan. 2, 1971 84 Stat. 1894 section 4601 of Title 42 Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 102 of Pub. L. 115270 section 2201 of this title SUBCHAPTER IV PARTICULAR WORK OR IMPROVEMENTS  601. Mississippi River; regulation of reservoirs at headwaters  It shall be the duty of the Secretary of the Army to prescribe such rules and regulations in respect to the use and administration of the reservoirs at the headwaters of the Mississippi River as in his judgment the public interest and necessity may require; which rules and regulations shall be posted in some conspicuous place or places for the information of the public. And any person knowingly and willfully violating such rules and regulations shall be liable to a fine not exceeding $500, or imprisonment, not exceeding six months, the same to be enforced by prosecution in any district court of the United States within whose territorial jurisdiction such offense may have been committed. And the Secretary of the Army shall cause such gaugings to be made at or near Saint Paul during the annual operation of said reservoirs as shall determine accurately the discharge at that point, the cost of same to be paid out of the annual appropriation for gauging the waters of the Mississippi River and its tributaries. ( Aug. 11, 1888, ch. 860,  1 25 Stat. 419 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Codification Section is from act Aug. 11, 1888 In the original text the words said reservoirs appeared instead of reservoirs at the headwaters of the Mississippi river. The provision from which this section is derived, however, followed an appropriation for continuing operations upon the reservoirs at the headwaters of the Mississippi river. 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  602. Maintenance of channel of South Pass of Mississippi River  Upon the termination of the contract entered into with the late James B. Eads for the maintenance of the channel through the South Pass of the Mississippi River, the Secretary of the Army is directed to take charge of said channel, including the jetties, and all auxiliary works connected therewith, and thereafter to maintain with the utmost efficiency said South Pass Channel; and for that purpose he is authorized to draw his warrants from time to time on the Treasurer of the United States, until otherwise provided for by law, for such sums of money as may be necessary, not to exceed in the aggregate for any one year $100,000. For that purpose any available Government dredge may be used. For the purpose of securing the uninterrupted examinations and surveys of the South Pass of the Mississippi River, the Secretary of the Army, upon the application of the Chief of Engineers, is authorized to draw his warrant or requisition from time to time upon the Secretary of the Treasury for such sums as may be necessary to do such work, not to exceed in the aggregate for each year the sum of $10,000. ( Aug. 11, 1888, ch. 860 25 Stat. 422 June 6, 1900, ch. 790,  3 31 Stat. 584 June 13, 1902, ch. 1079,  1 32 Stat. 340 July 26, 1947, ch. 343 61 Stat. 501 Aug. 30, 1954, ch. 1076,  1(15) 68 Stat. 967  Editorial Notes Codification Except for the last sentence, the first paragraph of this section was from a part of section 3 of act June 6, 1900 The last sentence of the first paragraph of this section was from a provision of section 1 of act June 13, 1902 The second paragraph of this section was from section 4 of act Aug. 11, 1888 As provided for in the Act of Mar. third, eighteen hundred and seventy-five. The words the sum of $10,000, are substituted for the amount appropriated in this act for such purpose. $10,000 was the amount appropriated for such purpose by section 1 of act June 13, 1902 Act Mar. 3, 1875, ch. 134 18 Stat. 463 The provisions of that act and of act Aug. 11, 1888 June 13, 1902 Amendments 1954Act Aug. 30, 1954 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Appropriations Act June 26, 1934, ch. 756,  2 48 Stat. 1225 July 1, 1935  603. Repealed. Mar. 2, 1945, ch. 19,  3 59 Stat. 23   Section, acts July 25, 1912, ch. 253,  1 37 Stat. 222 July 3, 1930, ch. 847,  3 46 Stat. 946 Oct. 17, 1940, ch. 895,  3 54 Stat. 1200 section 603a of this title  603a. Removal of snags and debris, and straightening, clearing, and protecting channels in navigable waters  The Secretary of the Army is authorized to allot not to exceed $5,000,000 from any appropriations made prior to or after March 2, 1945 ( Mar. 2, 1945, ch. 19,  3 59 Stat. 23 July 26, 1947, ch. 343 61 Stat. 501 Pub. L. 99662, title IX,  915(g) Nov. 17, 1986 100 Stat. 4191 Pub. L. 114322, title I,  1164 Dec. 16, 2016 130 Stat. 1670 Pub. L. 117263, div. H, title LXXXI,  8381 Dec. 23, 2022 136 Stat. 3828  Editorial Notes Amendments 2022 Pub. L. 117263 2016 Pub. L. 114322 1986 Pub. L. 99662 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Effective Date of 1986 Amendment Amendment by Pub. L. 99662 Nov. 17, 1986 section 915(i) of Pub. L. 99662 section 426g of this title  604. Removal of snags, etc., from Mississippi River  For the purpose of removing snags, wrecks, and other obstructions in the Mississippi River, the Atchafalaya and Old Rivers from the junction with the Mississippi and Red Rivers down the Atchafalaya River as far down as Melville, Louisiana, the Secretary of the Army, upon the application of the Chief of Engineers, is authorized to draw his warrant or requisition from time to time upon the Secretary of the Treasury for such sums as may be necessary to do such work, not to exceed in the aggregate for each year the sum of $100,000. ( Aug. 11, 1888, ch. 860 25 Stat. 421 Mar. 3, 1909, ch. 264,  3 35 Stat. 817 July 26, 1947, ch. 343 61 Stat. 501 Aug. 30, 1954, ch. 1076,  1(15) 68 Stat. 967  Editorial Notes Codification Section is from the Rivers and Harbors Appropriation Act of 1888, act Aug. 11, 1888 Mar. 3, 1909 Act Mar. 3, 1909 Aug. 11, 1888 Section 7 of act Aug. 11, 1888 section 605 of this title The words the sum of $100,000 are substituted for the amounts appropriated in this act for such purposes. An appropriation of $100,000 for removal of snags is contained in section 1 of the act. Amendments 1954Act Aug. 30, 1954 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Appropriations Act June 26, 1934, ch. 756,  2 48 Stat. 1225 July 1, 1935  605. Operation of snag boats on Upper Mississippi River  For the purpose of securing the uninterrupted work of operating snag boats on the Upper Mississippi River, the Illinois River, from its mouth to Copperas Creek, and the Minnesota River and other tributaries of the Upper Mississippi River improved by the United States, the Secretary of the Army, upon the application of the Chief of Engineers, is authorized to draw his warrant or requisition from time to time upon the Secretary of the Treasury for such sums as may be necessary to do such work, not to exceed in the aggregate for each year the sum of $25,000. ( Aug. 11, 1888, ch. 860 25 Stat. 420 Mar. 2, 1907, ch. 2509,  1 34 Stat. 1102 Mar. 3, 1909, ch. 264,  3 35 Stat. 817 July 26, 1947, ch. 343 61 Stat. 501 Aug. 30, 1954, ch. 1076,  1(15) 68 Stat. 967  Editorial Notes Codification Section is from act, Aug. 11, 1888 Mar. 2, 1907 Mar. 3, 1909 Section 7 of act Aug. 11, 1888 section 604 of this title The words the sum of $25,000, are substituted for the amounts appropriated in this act for such purposes. An appropriation of $25,000 for operating snag boats was made in section 1 of the act. Act Mar. 2, 1907 Act Mar. 3, 1909 Amendments 1954Act Aug. 30, 1954 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Appropriations Act June 26, 1934, ch. 756,  2 48 Stat. 1225 July 1, 1935  605a. Mississippi River forecasting improvements (1) In general The Secretary, in consultation with the Secretary of the department in which the Coast Guard is operating, the Director of the United States Geological Survey, the Administrator of the National Oceanic and Atmospheric Administration, and the Director of the National Weather Service, as applicable, shall improve forecasting on the Mississippi River by (A) updating forecasting technology deployed on the Mississippi River and its tributaries through (i) the construction of additional automated river gages; (ii) the rehabilitation of existing automated and manual river gages; and (iii) the replacement of manual river gages with automated gages, as the Secretary determines to be necessary; (B) constructing additional sedimentation ranges on the Mississippi River and its tributaries; and (C) deploying additional automatic identification system base stations at river gage sites. (2) Prioritization In carrying out this section, the Secretary shall prioritize the sections of the Mississippi River on which additional and more reliable information would have the greatest impact on maintaining navigation on the Mississippi River. (3) Report Not later than 1 year after June 10, 2014 ( Pub. L. 113121, title IV,  4002(a) June 10, 2014 128 Stat. 1308  Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121 section 2201 of this title  606. Removal of snags, and so forth, from Ohio River  For the purpose of securing the uninterrupted work of operating snag boats on the Ohio River and removing snags, wrecks, and other obstructions in said river, the Secretary of the Army, upon the application of the Chief of Engineers, is authorized to draw his warrant or requisition from time to time upon the Secretary of the Treasury for such sums as may be necessary to do such work, not to exceed in the aggregate for each year the sum of $50,000. ( Sept. 19, 1890, ch. 907,  13 26 Stat. 455 June 3, 1896, ch. 314,  3 29 Stat. 234 July 26, 1947, ch. 343 61 Stat. 501 Aug. 30, 1954, ch. 1076,  1(15) 68 Stat. 967  Editorial Notes Codification Section is from the Rivers and Harbors Appropriation Act of 1890, act Sept. 19, 1890 June 3, 1896 The section, as originally enacted, limited the amount to be drawn for the work, by the words not to exceed in the aggregate for each year the sum of twenty-five thousand dollars. It was amended by act June 3, 1896 Amendments 1954Act Aug. 30, 1954 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Appropriations Act June 26, 1934, ch. 756,  2 48 Stat. 1225 July 1, 1935  607. Removal of drift from New York Harbor  So much as may be necessary of any appropriations made for specific portions of New York Harbor and its immediate tributaries may be allotted by the Secretary of the Army for the maintenance of these waterways by the collection and removal of drift. ( Aug. 8, 1917, ch. 49,  1 40 Stat. 252 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Codification Section is from act Aug. 8, 1917 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  607a. Appropriations; separate project  On and after July 3, 1930 July 3, 1930 ( July 3, 1930, ch. 847,  6 46 Stat. 947 July 26, 1947, ch. 343 61 Stat. 501  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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  608. Construction of fishways  Whenever river and harbor improvements shall be found to operate (whether by lock and dam or otherwise), as obstructions to the passage of fish, the Secretary of the Army may, in his discretion, direct and cause to be constructed practical and sufficient fishways, to be paid for out of the general appropriations for the streams on which such fishways may be constructed. ( Aug. 11, 1888, ch. 860,  11 25 Stat. 425 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Codification Section is from act Aug. 11, 1888 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  609. Sluices and other work in dams for development of water power  In order to make possible the economical future development of water power, the Secretary of the Army, upon recommendation of the Chief of Engineers, is authorized, in his discretion, to provide in the permanent parts of any dam authorized at any time by Congress for the improvement of navigation such foundations, sluices, and other works, as may be considered desirable for the future development of its water power. ( July 25, 1912, ch. 253,  12 37 Stat. 233 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Codification Section is from act July 25, 1912 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  610. Control of aquatic plant growths and invasive species (a) In general (1) In general There is hereby authorized a comprehensive program to provide for prevention, control, and progressive eradication of noxious aquatic plant growths and aquatic invasive species from the navigable waters, tributary streams, connecting channels, and other allied waters of the United States, in the combined interest of navigation, flood control, drainage, agriculture, fish and wildlife conservation, public health, and related purposes, including continued research for development of the most effective and economic control measures, to be administered by the Chief of Engineers, under the direction of the Secretary of the Army, in cooperation with other Federal and State agencies. (2) Local interests Local interests shall agree to hold and save the United States free from claims that may occur from control operations and to participate to the extent of 30 per centum of the cost of such operations. (3) Federal costs Costs for research and planning undertaken pursuant to the authorities of this section shall be borne fully by the Federal Government. (b) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section (except for subsections (f) and (g)) $130,000,000 for each fiscal year, of which (A) $30,000,000 shall be made available to carry out subsection (d)(1)(A)(i); (B) $30,000,000 shall be made available to carry out subsection (d)(1)(A)(ii); (C) $30,000,000 shall be made available to carry out subsection (d)(1)(A)(iii); (D) $30,000,000 shall be made available to carry out subsection (d)(1)(A)(iv); and (E) $10,000,000 shall be made available to carry out subsection (d)(1)(A)(v). (2) Other programs (A) In general There are authorized to be appropriated (i) $10,000,000 for each of fiscal years 2021 through 2024 to carry out subsection (f); and (ii) $75,000,000 for each of fiscal years 2021 through 2028 to carry out subsection (g)(2). (B) Invasive plant species pilot program There is authorized to be appropriated to the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, $10,000,000 to carry out subsection (g)(3). (3) Control operations Any funds made available under paragraph (1) or (2)(A) to be used for control operations shall be allocated by the Chief of Engineers on a priority basis, based on the urgency and need of each area and the availability of local funds. (c) Support In carrying out the program under this section, the Secretary is encouraged to use contracts, cooperative agreements, and grants with colleges and universities and other non-Federal entities. (d) Watercraft inspection and Decontamination stations (1) In general (A) Watercraft inspection and decontamination stations In carrying out this section, the Secretary shall establish (as applicable), operate, and maintain new or existing watercraft inspection and decontamination stations (i) to protect the Columbia River Basin; (ii) to protect the Upper Missouri River Basin; (iii) to protect the Upper Colorado River Basin and the South Platte and Arkansas River Basins; (iv) to protect the Russian River Basin, California; and (v) to protect basins and watersheds that adjoin an international border between the United States and Canada. (B) Locations The Secretary shall place watercraft inspection and decontamination stations under subparagraph (A) at locations with the highest likelihood of preventing the spread of aquatic invasive species into and out of waters of the United States, as determined by the Secretary in consultation with the Governors and entities described in paragraph (3). (C) Rapid response The Secretary shall assist States within the areas described in subparagraph (A) with rapid response to any aquatic invasive species, including quagga or zebra mussel, infestation. (2) Cost share The non-Federal share of the cost of constructing, operating, and maintaining watercraft inspection and decontamination stations described in paragraph (1) (including personnel costs) shall be (A) 50 percent; and (B) provided by the State or local governmental entity in which such inspection station is located. (3) Coordination In carrying out this subsection, the Secretary shall consult and coordinate with (A) the Governors of the States within the areas described in each of clauses (i) through (v) of paragraph (1)(A), as applicable; (B) Indian tribes; and (C) other Federal agencies, including (i) the Department of Agriculture; (ii) the Department of Energy; (iii) the Department of Homeland Security; (iv) the Department of Commerce; and (v) the Department of the Interior. (e) Monitoring and contingency planning In carrying out this section, the Secretary may (1) carry out risk assessments of water resources facilities; (2) monitor for aquatic invasive species; (3) assist States in early detection of aquatic invasive species, including quagga and zebra mussels; and (4) monitor water quality, including sediment cores and fish tissue samples. (f) Invasive species management pilot program (1) Definition of invasive species In this subsection, the term invasive species has the meaning given the term in section 1 of Executive Order 13112 (64 Fed. Reg. 6183; relating to invasive species ( February 3, 1999 December 5, 2016 (2) Development of plans The Secretary, in coordination with the Aquatic Nuisance Species Task Force, shall carry out a pilot program under which the Secretary shall collaborate with States in the Upper Missouri River Basin in developing voluntary aquatic invasive species management plans to mitigate the effects of invasive species on public infrastructure facilities located on reservoirs of the Corps of Engineers in those States. (3) Management plan (A) In general The Secretary, in consultation with the Governor of each State in the Upper Missouri River Basin that elects to participate in the pilot program, shall prepare a management plan, or update or expand an existing plan, for each participating State that identifies public infrastructure facilities located on reservoirs of the Corps of Engineers in those States that (i) are affected by aquatic invasive species; and (ii) need financial and technical assistance in order to maintain operations. (B) Use of existing plans In developing a management plan under subparagraph (A), the Secretary shall consider a management plan submitted by a participating State under section 4724(a) of title 16 (4) Termination of authority The authority provided under this subsection shall terminate on September 30, 2028 (g) Invasive species prevention, control, and eradication (1) Definition of invasive species In this subsection, the term invasive species has the meaning given the term in section 1 of Executive Order 13112 (64 Fed. Reg. 6183; relating to invasive species ( February 3, 1999 December 5, 2016 (2) Invasive species partnerships (A) In general The Secretary may enter into partnerships with applicable States and other Federal agencies to carry out actions to prevent the introduction of, control, or eradicate, to the maximum extent practicable, invasive species that adversely impact water quantity, water quality, or ecosystems in the Platte River Basin, the Upper Colorado River Basin, the Upper Snake River Basin, the Lake Erie Basin, the Ohio River Basin, and the Upper Missouri River Basin. (B) Prioritization In selecting actions to carry out under a partnership under subparagraph (A), the Secretary shall give priority to projects that are intended to control or eradicate the Russian olive ( Elaeagnus angustifolia Hydrilla verticillata Tamarix (3) Invasive plant species pilot program (A) Definitions In this paragraph: (i) Eligible entity The term eligible entity means a partnership between or among 2 or more entities that (I) includes (aa) at least 1 flood control district; and (bb) at least 1 city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State or Indian Tribe (as defined in section 5304 of title 25 (II) may include any other entity (such as a nonprofit organization or institution of higher education), as determined by the Secretary. (ii) Invasive plant species The term invasive plant species means a plant that is nonnative to the ecosystem under consideration, the introduction of which causes or is likely to cause economic harm or harm to human health. (B) Pilot program The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall establish a pilot program under which such Secretary shall work with eligible entities to carry out activities (i) to remove invasive plant species in riparian areas that contribute to drought conditions in (I) the Lower Colorado River Basin; (II) the Rio Grande River Basin; (III) the Texas Gulf Coast Basin; and (IV) the Arkansas-White-Red Basin; (ii) where appropriate, to replace the invasive plant species described in clause (i) with ecologically suitable native species; and (iii) to maintain and monitor riparian areas in which activities are carried out under clauses (i) and (ii). (C) Report to Congress Not later than 18 months after December 27, 2020 (D) Termination of authority The authority provided under this paragraph shall terminate on September 30, 2028 (4) Cost share The Federal share of an action carried out under a partnership under paragraph (2) or an activity carried out under the pilot program under paragraph (3) shall not exceed 80 percent of the total cost of the action or activity. ( Pub. L. 85500, title I,  104 July 3, 1958 72 Stat. 300 Pub. L. 89298, title III,  302 Oct. 27, 1965 79 Stat. 1092 Pub. L. 9863, title I July 30, 1983 97 Stat. 313 Pub. L. 99662, title IX,  941 Nov. 17, 1986 100 Stat. 4199 Pub. L. 104303, title II,  225 Oct. 12, 1996 110 Stat. 3697 Pub. L. 10653, title II,  205 Aug. 17, 1999 113 Stat. 285 Pub. L. 113121, title I,  1039(d) June 10, 2014 128 Stat. 1238 Pub. L. 114322, title I,  1178(b) Dec. 16, 2016 130 Stat. 1674 Pub. L. 115270, title I,  1170 Oct. 23, 2018 132 Stat. 3798 Pub. L. 116260, div. AA, title V,  505 Dec. 27, 2020 134 Stat. 2746 Pub. L. 117263, div. H, title LXXXI,  8305(b) Dec. 23, 2022 136 Stat. 3778  Editorial Notes  References in Text Executive Order 13112, referred to in subsecs. (f)(1) and (g)(1), is set out as a note under section 4321 of Title 42 Amendments 2022Subsec. (b)(2)(A)(ii). Pub. L. 117263,  8305(b)(1) Subsec. (f)(4). Pub. L. 117263,  8305(b)(2) Subsec. (g)(2)(A). Pub. L. 117263,  8305(b)(3)(A)(i) Subsec. (g)(2)(B). Pub. L. 117263,  8305(b)(3)(A)(ii) Hydrilla verticillata Elaeagnus angustifolia Subsec. (g)(3)(D). Pub. L. 117263,  8305(b)(3)(B) 2020Subsec. (b)(1). Pub. L. 116260,  505(1)(A)(i) Subsec. (b)(1)(D), (E). Pub. L. 116260,  505(1)(A)(ii) Subsec. (b)(2). Pub. L. 116260,  505(1)(C) Subsec. (b)(3). Pub. L. 116260,  505(1)(B) Subsec. (d). Pub. L. 116260,  505(2)(A) Subsec. (d)(1)(A). Pub. L. 116260,  505(2)(B)(i)(I) Subsec. (d)(1)(A)(iii). Pub. L. 116260,  505(2)(B)(i)(III) Subsec. (d)(1)(A)(iv), (v). Pub. L. 116260,  505(2)(B)(i)(II) Subsec. (d)(1)(B). Pub. L. 116260,  505(2)(B)(ii) Subsec. (d)(2). Pub. L. 116260,  505(2)(D) Subsec. (d)(3)(A). Pub. L. 116260,  505(2)(C) Subsecs. (f), (g). Pub. L. 116260,  505(3) 2018Subsec. (b). Pub. L. 115270,  1170(1) Subsec. (d)(1). Pub. L. 115270,  1170(2)(A) Subsec. (d)(3)(A). Pub. L. 115270,  1170(2)(B) 2016Subsec. (d)(1). Pub. L. 114322,  1178(b)(1)(A) Subsec. (d)(3)(A). Pub. L. 114322,  1178(b)(1)(B) Subsec. (e)(3). Pub. L. 114322,  1178(b)(2) 2014Subsec. (a). Pub. L. 113121,  1039(d)(1)(A) Subsec. (a)(1). Pub. L. 113121,  1039(d)(1)(D)(ii) Pub. L. 113121,  1039(d)(1)(D)(i) Subsec. (b). Pub. L. 113121,  1039(d)(2) Subsecs. (d), (e). Pub. L. 113121,  1039(d)(3) 1999Subsec. (a). Pub. L. 10653,  205(1) Subsec. (b). Pub. L. 10653,  205(2) Subsec. (c). Pub. L. 10653,  205(3) 1996Subsec. (a). Pub. L. 104303 1986Subsec. (b). Pub. L. 99662 1983Subsec. (b). Pub. L. 9863 1965Subsec. (a). Pub. L. 89298 Subsec. (b). Pub. L. 89298 Statutory Notes and Related Subsidiaries Harmful Algal Bloom Demonstration Program Pub. L. 116260, div. AA, title I,  128 Dec. 27, 2020 134 Stat. 2642 Pub. L. 117263, div. H, title LXXXI,  8305(c) Dec. 23, 2022 136 Stat. 3778  (a)  In General The Secretary [of the Army] shall carry out a demonstration program to determine the causes of, and implement measures to effectively detect, prevent, treat, and eliminate, harmful algal blooms associated with water resources development projects. (b)  Consultation; Use of Existing Data and Program Authorities In carrying out the demonstration program under subsection (a), the Secretary shall (1) consult with the heads of appropriate Federal and State agencies; and (2) make maximum use of existing Federal and State data and ongoing programs and activities of Federal and State agencies, including the activities of the Secretary carried out through the Engineer Research and Development Center pursuant to section 1109 of the Water Resources Development Act of 2018 [ Pub. L. 115270 33 U.S.C. 610 (c)  Focus Areas In carrying out the demonstration program under subsection (a), the Secretary shall undertake program activities related to harmful algal blooms in (1) the Great Lakes; (2) the tidal and inland waters of the State of New Jersey, including Lake Hopatcong, New Jersey; (3) the coastal and tidal waters of the State of Louisiana; (4) the waterways of the counties that comprise the Sacramento-San Joaquin Delta, California; (5) the Allegheny Reservoir Watershed, New York; (6) Lake Okeechobee, Florida; (7) the Caloosahatchee and St. Lucie Rivers, Florida; (8) Lake Sidney Lanier, Georgia; (9) Rio Grande River Basin, Colorado, New Mexico, and Texas; (10) lakes and reservoirs in the State of Ohio; (11) the Upper Mississippi River and tributaries; (12) Detroit Lake, Oregon; (13) Ten Mile Lake, Oregon; and (14) the coastal waters of the United States Virgin Islands. (d)  Additional Focus Areas In addition to the areas described in subsection (c), in carrying out the demonstration program under subsection (a), the Secretary shall undertake program activities related to harmful algal blooms at any Federal reservoir located in the Upper Missouri River Basin or the North Platte River Basin, at the request and expense of another Federal agency. (e)  Authorization of Appropriations There is authorized to be appropriated to the Secretary $25,000,000 to carry out this section. Such sums shall remain available until expended. Update on Invasive Species Policy Guidance Pub. L. 116260, div. AA, title V,  501 Dec. 27, 2020 134 Stat. 2744 Pub. L. 117263, div. H, title LXXXI,  8305(d) Dec. 23, 2022 136 Stat. 3779  (a)  In General The Secretary [of the Army] shall periodically update the Invasive Species Policy Guidance, developed under section 104 of the River and Harbor Act of 1958 ( 33 U.S.C. 610 16 U.S.C. 4701 42 U.S.C. 4321 (b)  Inclusion The Secretary may include in the updated guidance invasive species specific efforts at federally authorized water resources development projects located in (1) high-altitude lakes; (2) the Tennessee and Cumberland River basins; and (3) the Sacramento-San Joaquin Delta, California. Terrestrial Noxious Weed Control Pilot Program Pub. L. 116260, div. AA, title V,  503 Dec. 27, 2020 134 Stat. 2745  (a)  In General The Secretary [of the Army] shall carry out a pilot program, in consultation with the Federal Interagency Committee for the Management of Noxious and Exotic Weeds, to identify and develop new and improved strategies for terrestrial noxious weed control on Federal land under the jurisdiction of the Secretary. (b)  Partnerships In carrying out the pilot program under subsection (a), the Secretary shall act in partnership with such other individuals and entities as the Secretary determines to be appropriate. (c)  Cooperative Agreements The Secretary may utilize cooperative agreements with county and State agencies for the implementation of the pilot program under subsection (a). (d)  Report to Congress Not later than 2 years after the date of enactment of this Act [ Dec. 27, 2020 Asian Carp Prevention and Control Pilot Program Pub. L. 116260, div. AA, title V,  509(a) Dec. 27, 2020 134 Stat. 2750 Pub. L. 117263, div. H, title LXXXI,  8391 Dec. 23, 2022 136 Stat. 3832  (a)  Corps of Engineers Asian Carp Prevention Pilot Program. (1)  In general The Secretary [of the Army], in conjunction with the Tennessee Valley Authority and other relevant Federal agencies, shall carry out an Asian carp prevention pilot program to carry out projects to manage and prevent the spread of Asian carp using innovative technologies, methods, and measures. (2)  Project selection. (A)  Location Each project under the pilot program shall be carried out in a river system or reservoir in the Cumberland River Watershed, Tennessee River Watershed, or Tombigbee River Watershed in which Asian carp populations are expanding or have been documented. (B)  Consultation In selecting projects to carry out under the pilot program, the Secretary shall consult with (i) applicable Federal, State, and local agencies; (ii) institutions of higher education; and (iii) relevant private organizations, including nonprofit organizations. (C)  Limitations. (i)  Number of projects The Secretary may select not more than 10 projects to carry out under the pilot program, of which not fewer than 1 shall be carried out on the TennesseeTombigbee Waterway. (ii)  Deadline Not later than September 30, 2024 (3)  Best practices In carrying out the pilot program, to the maximum extent practicable, the Secretary shall consider existing best practices, such as those described in the document of the Asian Carp Working Group of the Aquatic Nuisance Species Task Force entitled Management and Control Plan for Bighead, Black, Grass, and Silver Carps in the United States and dated November 2007. (4)  Cost-share. (A)  In general The Federal share of the costs of a project carried out under the program may not exceed 75 percent of the total costs of the project. (B)  Operation, maintenance, rehabilitation, and repair After the completion of a project under the pilot program, the Federal share of the costs for operation, maintenance, rehabilitation, and repair of the project shall be 100 percent. (5)  Memorandum of agreement For projects carried out in reservoirs owned or managed by the Tennessee Valley Authority, the Secretary and the Tennessee Valley Authority shall execute a memorandum of agreement establishing the framework for a partnership and the terms and conditions for sharing expertise and resources. (6)  Payments The Secretary is authorized to accept and expend funds from the Tennessee Valley Authority to complete any work under this section at a reservoir owned or managed by the Tennessee Valley Authority. (7)  Report Not later than 2 years after the date of enactment of this Act [ Dec. 27, 2020 (8)  Authorization of appropriations There is authorized to be appropriated to carry out this subsection $25,000,000, to remain available until expended. Harmful Algal Bloom Technology Demonstration Pub. L. 115270, title I,  1109 Oct. 23, 2018 132 Stat. 3774  (a)  In General The Secretary [of the Army], acting through the Engineer Research and Development Center, shall implement a 5-year harmful algal bloom technology development demonstration program under the Aquatic Nuisance Research Program. To the extent practicable, the Secretary shall support research that will identify and develop improved strategies for early detection, prevention, and management techniques and procedures to reduce the occurrence and effects of harmful algal blooms in the Nations water resources. (b)  Scalability Requirement The Secretary shall ensure that technologies identified, tested, and deployed under the harmful algal bloom technology development demonstration program have the ability to scale up to meet the needs of harmful-algal-bloom-related events. SUBCHAPTER V PROSECUTION OF WORK GENERALLY  621. By what methods river and harbor work may be authorized to be prosecuted  Any public work on canals, rivers, and harbors adopted by Congress may be prosecuted by direct appropriations, by continuing contracts, or by both direct appropriations and continuing contracts. ( Sept. 22, 1922, ch. 427,  10 42 Stat. 1043  Editorial Notes Codification Section is from the Rivers and Harbors Appropriation Act of 1922.  622. Contracts, etc., with private industry for implementation of projects for improvements and dredging; reduction of federally owned fleet (a) Contracts for dredging and related work The Secretary of the Army, acting through the Chief of Engineers (hereinafter referred to as the Secretary), in carrying out projects for improvement of rivers and harbors (other than surveys, estimates, and gagings) shall, by contract or otherwise, carry out such work in the manner most economical and advantageous to the United States. The Secretary shall have dredging and related work done by contract if he determines private industry has the capability to do such work and it can be done at reasonable prices and in a timely manner. During the four-year period which begins on April 26, 1978 (b) Reduction of federally owned fleet As private industry reasonably demonstrates its capability under subsection (a) to perform the work done by the federally owned fleet, at reasonable prices and in a timely manner, the federally owned fleet shall be reduced in an orderly manner, as determined by the Secretary, by retirement of plant. To carry out emergency and national defense work the Secretary shall retain only the minimum federally owned fleet capable of performing such work and he may exempt from the provisions of this section such amount of work as he determines to be reasonably necessary to keep such fleet fully operational, as determined by the Secretary, after the minimum fleet requirements have been determined. Notwithstanding the preceding sentence, in carrying out the reduction of the federally owned fleet, the Secretary may retain so much of the federally owned fleet as he determines necessary, for so long as he determines necessary, to insure the capability of the Federal Government and private industry together to carry out projects for improvements of rivers and harbors. For the purpose of making the determination required by the preceding sentence the Secretary shall not exempt any work from the requirements of this section. The minimum federally owned fleet shall be maintained to technologically modern and efficient standards, including replacement as necessary. The Secretary is authorized and directed to undertake a study to determine the minimum federally owned fleet required to perform emergency and national defense work. The study, which shall be submitted to Congress within two years after April 26, 1978 (c) Program to increase use of private hopper dredges (1) Initiation The Secretary shall initiate a program to increase the use of private-industry hopper dredges for the construction and maintenance of Federal navigation channels. (2) Ready reserve status for hopper dredge Wheeler In order to carry out this subsection, the Secretary shall place the Federal hopper dredge Wheeler in a ready reserve status not later than the earlier of 90 days after the date of completion of the rehabilitation of the hopper dredge McFarland pursuant to section 563 of the Water Resources Development Act of 1996 or October 1, 1997 (3) Testing and use of ready reserve hopper dredge The Secretary may periodically perform routine tests of the equipment of the vessel placed in a ready reserve status under paragraph (2) to ensure the vessels ability to perform emergency work. The Secretary shall not assign any scheduled hopper dredging work to such vessel but shall perform any repairs needed to maintain the vessel in a fully operational condition. The Secretary may place the vessel in active status in order to perform any dredging work only if the Secretary determines that private industry has failed to submit a responsive and responsible bid for work advertised by the Secretary or to carry out the project as required pursuant to a contract with the Secretary. (4) Repair and rehabilitation The Secretary may undertake any repair and rehabilitation of any Federal hopper dredge, including the vessel placed in ready reserve status under paragraph (2) to allow the vessel to be placed in active status as provided in paragraph (3). (5) Procedures The Secretary shall develop and implement procedures to ensure that, to the maximum extent practicable, private industry hopper dredge capacity is available to meet both routine and time-sensitive dredging needs. Such procedures shall include (A) scheduling of contract solicitations to effectively distribute dredging work throughout the dredging season; and (B) use of expedited contracting procedures to allow dredges performing routine work to be made available to meet time-sensitive, urgent, or emergency dredging needs. (6) Report Not later than 2 years after October 12, 1996 (7) Limitations (A) Reductions in status The Secretary may not further reduce the readiness status of any Federal hopper dredge below a ready reserve status except any vessel placed in such status for not less than 5 years that the Secretary determines has not been used sufficiently to justify retaining the vessel in such status. (B) Increase in assignments of dredging work For each fiscal year beginning after October 12, 1996 (C) Remaining dredges In carrying out the program under this section, the Secretary shall not reduce the availability and utilization of Federal hopper dredge vessels stationed on the Pacific and Atlantic coasts below that which occurred in fiscal year 1996 to meet the navigation dredging needs of the ports on those coasts. (8) Contracts; payment of capital costs The Secretary may enter into a contract for the maintenance and crewing of any Federal hopper dredge retained in a ready reserve status. The capital costs (including depreciation costs) of any dredge retained in such status shall be paid for out of funds made available from the Harbor Maintenance Trust Fund and shall not be charged against the Corps of Engineers Revolving Fund Account or any individual project cost unless the dredge is specifically used in connection with that project. ( Aug. 11, 1888, ch. 860,  3 25 Stat. 423 July 25, 1912, ch. 253,  1 37 Stat. 222 Mar. 2, 1919, ch. 95,  3 40 Stat. 1287 Pub. L. 95269,  1 Apr. 26, 1978 92 Stat. 218 Pub. L. 104303, title II,  237 Oct. 12, 1996 110 Stat. 3705 Pub. L. 110114, title II,  2047(b) Nov. 8, 2007 121 Stat. 1106  Editorial Notes  References in Text Section 563 of the Water Resources Development Act of 1996, referred to in subsec. (c)(2), is section 563 of Pub. L. 104303 Oct. 12, 1996 110 Stat. 3784 Codification Prior to the general amendment by Pub. L. 95269 The first sentence was from a part of section 3 of Act of Aug. 11, 1888 section 623 of this title The second sentence, which provided that all improvement works authorized by contract may, in the discretion of the Secretary of War [now Army], be carried on by contract or otherwise, as may be most economical or advantageous to the United States, was from section 1 of the Act of July 25, 1912 Mar. 2, 1907, ch. 2509,  1 34 Stat. 1110 Feb. 27, 1911, ch. 166,  1 36 Stat. 952 The third sentence, which provided that in all cases where the project for a work of river or harbor improvement provides for the construction or use of Government dredging plant, the Secretary of War [now Army] may, in his discretion, have the work done by contract if reasonable prices can be obtained, was from section 3 of the Act of Mar. 2, 1919 section 3 of the Act of Aug. 8, 1917, ch. 49 40 Stat. 261 40 Stat. 255 Amendments 2007Subsec. (c)(7)(B). Pub. L. 110114 1996Subsec. (c). Pub. L. 104303 1978 Pub. L. 95269  623. Repealed. Oct. 31, 1951, ch. 654,  1(57) 65 Stat. 703   Section, act Aug. 11, 1888, ch. 860,  3 25 Stat. 423  624. Limitation on improvement work by private contract (a) Determinations respecting comparison of private contract price with estimation of cost of performance of work by Government plant or by well-equipped contractor No works of river and harbor improvement shall be done by private contract (1) if the Secretary of the Army, acting through the Chief of Engineers, determines that Government plant is reasonably available to perform the subject work and the contract price for doing the work is more than 25 per centum in excess of the estimated comparable cost of doing the work by Government plant; or (2) in any other circumstance where the Secretary of the Army, acting through the Chief of Engineers, determines that the contract price is more than 25 per centum in excess of what he determines to be a fair and reasonable estimated cost of a well-equipped contractor doing the work. (b) Considerations involved in determinations of estimation of cost of performance of work by Government plant In estimating the comparable cost of doing the work under subsection (a)(1) by Government plant the Secretary of the Army, acting through the Chief of Engineers shall, in addition to the cost of labor and materials, take into account proper charges for depreciation of plant, all supervising and overhead expenses, interest on the capital invested in the Government plant (but the rate of interest shall not exceed the maximum prevailing rate being paid by the United States on current issues of bonds or other evidences of indebtedness) and such other Government expenses and charges as the Chief of Engineers determines to be appropriate. (c) Considerations involved in determinations of estimation of cost of performance of work by well-equipped contractor In determining a fair and reasonable estimated cost of doing work by private contract under subsection (a)(2), the Secretary of the Army, acting through the Chief of Engineers, shall, in addition to the cost of labor and materials, take into account proper charges for depreciation of plant, all expenses for supervision, overhead, workmens compensation, general liability insurance, taxes (State and local), interest on capital invested in plant, and such other expenses and charges the Secretary of the Army, acting through the Chief of Engineers, determines to be appropriate. ( Mar. 2, 1919, ch. 95,  8 40 Stat. 1290 Pub. L. 95269,  2 Apr. 26, 1978 92 Stat. 219  Editorial Notes Codification Section is from the Rivers and Harbors Appropriation Act of 1919. Amendments 1978 Pub. L. 95269 Statutory Notes and Related Subsidiaries Compensation for Increased Costs Provision for payment to contractors to compensate for loss occasioned by increased cost of materials during the war with Germany was made by section 10 of act Mar. 2, 1919 act June 5, 1920, ch. 252,  5 41 Stat. 1014 Repeal of Limitation on Costs A provision for limitation on the costs of projects made by section 1 of act Mar. 2, 1919 act June 5, 1920, ch. 252,  3 41 Stat. 1013  625. Repealed. Oct. 31, 1951, ch. 654,  1(58) 65 Stat. 703   Section, acts Sept. 19, 1890, ch. 907,  2 26 Stat. 452 July 25, 1912, ch. 253,  8 37 Stat. 233  626. Prosecution of work when appropriation insufficient  Whenever the appropriations made, or authorized to be made, for the completion of any river and harbor work shall prove insufficient therefor, the Secretary of the Army may, in his discretion, on the recommendation of the Chief of Engineers, apply the funds so appropriated or authorized to the prosecution of such work. ( July 25, 1912, ch. 253,  8 37 Stat. 233 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Codification Section is from part of section 8 of the Rivers and Harbors Appropriation Act of 1912. The omitted part of such section 8 was set out in section 625 of this title 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Similar Provisions A similar provision was contained in act Mar. 2, 1907, ch. 2509,  1 34 Stat. 1073  627. Application of appropriation when separate works are included therein  Where separate works or items are consolidated in River and Harbor Acts and an aggregate amount is appropriated therefor, any balances remaining to the credit of the separate works or items may be transferred to the credit of the corresponding aggregate amounts appropriated for the consolidated items, and the amounts appropriated or transferred shall, unless otherwise expressed, be expended in securing maintenance and improvement according to the respective projects adopted by Congress, after giving due regard to the respective needs of traffic. The allotments to the respective works consolidated shall be made by the Secretary of the Army upon recommendations by the Chief of Engineers. In case such works or items are consolidated and separate amounts are given with each project, the amounts so named shall be expended upon such separate projects unless, in the discretion of the Secretary of the Army, another allotment or division should be made of the same. Any balances remaining to the credit of the consolidated items shall be carried to the credit of the respective aggregate amounts appropriated for the consolidated items. ( Mar. 4, 1915, ch. 142,  3 38 Stat. 1052 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Codification Section is from the Rivers and Harbors Appropriation Act of 1915. Prior Provisions Section 3 of act Mar. 4, 1915 act Mar. 4, 1913, ch. 144,  7 37 Stat. 827  Where separate works or items are consolidated in this or subsequent river and harbor Acts and an aggregate amount is appropriated therefor the amounts appropriated shall, unless otherwise expressed, be expended in securing maintenance and improvement according to the respective projects adopted by Congress, after giving due regard to the respective needs of traffic. The allotments to the respective works consolidated shall be made by the Secretary of War upon recommendations by the Chief of Engineers. In case such works or items are consolidated and separate amounts are given with each project, the amounts so named shall be expended upon such separate projects unless, in the discretion of the Secretary of War, another allotment or division should be made of the same. Any balances remaining to the credit of the consolidated items shall be carried to the credit of the respective aggregate amounts appropriated for the consolidated items. 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Similar Provisions The Rivers and Harbors Appropriation Act, Mar. 2, 1919, ch. 95,  2 40 Stat. 1287 Where separate works or items are consolidated herein and an aggregate amount is appropriated therefor, the amount so appropriated shall, unless otherwise expressed, be expended in securing the maintenance and improvement according to the respective projects adopted by Congress after giving due regard to the respective needs of traffic. The allotments to the respective works so consolidated shall be made by the Chief of Engineers as authorized by the Secretary of War. In case such works or items are consolidated and separate amounts are given to individual projects the amounts so named shall be expended upon such separate projects. Any balances remaining to the credit of the consolidated items shall be carried to the credit of the respective aggregate amounts appropriated for the consolidated items. Similar provisions were contained in act July 18, 1918, ch. 155,  2 40 Stat. 910  628. Expenditure for dredging within harbor lines  No money appropriated for the improvement of rivers and harbors shall be expended for dredging inside of harbor lines duly established. ( July 13, 1892, ch. 158,  5 27 Stat. 111  Editorial Notes Codification Section is from the Rivers and Harbors Appropriation Act of 1892.  629. Contract for hire of dredging plant  Whenever it shall become, in the opinion of the Secretary of the Army, necessary or desirable to hire a dredging plant or plants for the performance of any of the public work carried on under his direction the said Secretary may, in his discretion, agree for the same, either in the manner customary on March 2, 1907 ( Mar. 2, 1907, ch. 2509,  5 34 Stat. 1119 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Codification Section is from the Rivers and Harbors Appropriation Act of 1907. The part of the original text omitted here repealed act Apr. 28, 1904, ch. 1761,  4 33 Stat. 452 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  630. Limitation on expenditure for purchase of dredges  No money authorized to be expended for the acquirement of any dredge or dredges shall be so expended for the purchase of any dredge or dredges from private contractors, which at the time of the proposed purchase can be manufactured at any navy yard or other government-owned factory for a sum less than it can be purchased for from such private contractor. ( Sept. 22, 1922, ch. 427,  5 42 Stat. 1042  Editorial Notes Codification Section is from part of section 5 of the Rivers and Harbors Appropriation Act for 1922. The omitted portion of that section authorized the construction of six seagoing hopper dredges and limited the cost of each to $750,000.  631. Transfer of property between projects  The Secretary of the Army may direct a temporary transfer of any property employed in the improvement of rivers and harbors whenever, in his judgment, such transfer would secure efficient or economical results, and such adjustment in the way of charges and credits shall be made between the projects affected as may be equitable. ( June 13, 1902, ch. 1079,  5 32 Stat. 373 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Codification Section is from part of section 5 of the Rivers and Harbors Appropriation Act of 1902. The omitted part of that section is set out as section 558 of this title 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  632. Omitted  Editorial Notes Codification Section, act June 25, 1910, ch. 382,  5 36 Stat. 676 act Oct. 21, 1941, ch. 452 55 Stat. 743  633. Protection, alteration, reconstruction, relocation, or replacement of structures and facilities; contract standards; reasonable costs  Whenever, during the construction or reconstruction of any navigation, flood control, or related water development project under the direction of the Secretary of the Army, the Chief of Engineers determines that any structure or facility owned by an agency of government and utilized in the performance of a governmental function should be protected, altered, reconstructed, relocated, or replaced to meet the requirements of navigation or flood control, or both; or to preserve the safety or integrity of such facility when its safety or usefulness is determined by the Chief of Engineers to be adversely affected or threatened by the project, the Chief of Engineers may, if he deems such action to be in the public interest, enter into a contract providing for (1) the payment from appropriations made for the construction or maintenance of such project, of the reasonable cost of replacing, relocating, or reconstructing such facility to such standard as he deems reasonable but not to exceed the minimum standard of the State or political subdivision for the same type of facility involved, except that if the existing facility exceeds the minimum standard of the State or political subdivision, the Chief of Engineers may provide a facility of comparable standard, or (2) the payment of a lump sum representing the estimated reasonable cost thereof. This section shall not be construed as modifying any existing or future requirement of local cooperation, or as indicating a policy that local interests shall not hereafter be required to assume costs of modifying such facilities. The provisions of this section may be applied to projects hereafter authorized and to those heretofore authorized but not completed as of July 3, 1958 ( Pub. L. 85500, title I,  111 July 3, 1958 72 Stat. 303 Pub. L. 89298, title III,  309 Oct. 27, 1965 79 Stat. 1094  Editorial Notes Amendments 1965 Pub. L. 89298  634. Assistance relating to water supply  The Secretary may provide assistance to municipalities the water supply of which is adversely affected by construction carried out by the Corps of Engineers. ( Pub. L. 115270, title I,  1114 Oct. 23, 2018 132 Stat. 3776  Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 102 of Pub. L. 115270 section 2201 of this title  635. Coast Guard anchorages  The Secretary may perform dredging at Federal expense within and adjacent to anchorages established by the Coast Guard pursuant to existing authorities. ( Pub. L. 116260, div. AA, title I,  106 Dec. 27, 2020 134 Stat. 2623  Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of div. AA of Pub. L. 116260 section 2201 of this title CHAPTER 13 MISSISSIPPI RIVER COMMISSION    Sec.  641. Creation of Mississippi River Commission.  642. Appointment of commissioners; vacancies; chairman; tenure of office.  642a. Rank, pay, and allowances of Corps of Engineers officers serving as President of Mississippi River Commission.  643. Omitted.  644. Secretary of commission.  645. Repealed.  646. Headquarters and meetings of commission.  647. Mississippi River survey.  648. Arkansas River; levee and bank protection.  649. Vicksburg Harbor and Ohio River below Cache River.  650. Mississippi River below Rock Island; levee and bank protection.  651. Tributaries of Mississippi River below Cairo; levee and bank protection.  652. Upper Mississippi River Management.  653. Extension of jurisdiction of Mississippi River Commission.  653a. Extension of jurisdiction of Mississippi River Commission.  641. Creation of Mississippi River Commission  A commission is created to be called The Mississippi River Commission, to consist of seven members. ( June 28, 1879, ch. 43,  1 21 Stat. 37  Editorial Notes Codification This was the first section of an act entitled An act to provide for the appointment of a Mississippi River Commission for the improvement of said river from the Head of the Passes near its mouth to its head-waters. Statutory Notes and Related Subsidiaries Appropriation for Salaries and Expenses Act June 28, 1879, ch. 43,  7 21 Stat. 38 Missouri River Commission The Missouri River Commission was created by act July 5, 1884, ch. 229,  1 23 Stat. 144 act July 13, 1902, ch. 1079,  1 32 Stat. 367  642. Appointment of commissioners; vacancies; chairman; tenure of office  The President of the United States shall appoint seven commissioners, three of whom shall be selected from the Engineer Corps of the Army, one from the National Ocean Survey, and three from civil life, two of whom shall be civil engineers. And any vacancy which may occur in the commission shall in like manner be filled by the President of the United States; and he shall designate one of the commissioners appointed from the Engineer Corps of the Army to be president of the commission. The commissioners appointed under sections 641 to 644, 646, and 647 of this title, except those appointed from civil life, shall remain in office subject to removal by the President of the United States. Each commissioner appointed from civil life after November 7, 1966 ( June 28, 1879, ch. 43,  2 21 Stat. 37 Pub. L. 89789, title II,  208 Nov. 7, 1966 80 Stat. 1423 Pub. L. 112166,  2(y) Aug. 10, 2012 126 Stat. 1289  Editorial Notes Amendments 2012 Pub. L. 112166 1966 Pub. L. 89789 Nov. 7, 1966 Statutory Notes and Related Subsidiaries Effective Date of 2012 Amendment Amendment by Pub. L. 112166 Aug. 10, 2012 section 6(a) of Pub. L. 112166 section 113 of Title 6 Executive Documents  Change of Name Coast and Geodetic Survey consolidated with National Weather Bureau in 1965 to form Environmental Science Services Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965 79 Stat. 1318 Oct. 3, 1970 84 Stat. 2090 Dec. 19, 1970 section 311 of Title 15  Transfer of Functions Functions of all officers of Department of Commerce and functions of all officers and employees of such Department transferred, with a few exceptions, to Secretary of Commerce, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies and employees, by Reorg. Plan No. 5 of 1950,  1, 2, eff. May 24, 1950 64 Stat. 1263  642a. Rank, pay, and allowances of Corps of Engineers officers serving as President of Mississippi River Commission  Any officer of the Corps of Engineers who has served or shall serve four years as President of the Mississippi River Commission and who has been or shall subsequently be retired, shall, from the date of such retirement, receive the rank, pay, and allowances of a retired major general. ( June 15, 1936, ch. 548 Aug. 18, 1941, ch. 377,  3 55 Stat. 644  Editorial Notes Codification Section was formerly classified to section 1026b of title 10 act Aug. 10, 1956, ch. 1041,  1 70A Stat. 1  643. Omitted  Editorial Notes Codification Section, acts June 28, 1879, ch. 43,  2 21 Stat. 37 June 25, 1910, ch. 382,  1 36 Stat. 658 Mar. 1, 1917, ch. 144,  4 39 Stat. 951 section 702h of this title  644. Secretary of commission  The Secretary of the Army may detail from the Engineer Corps of the Army of the United States an officer to act as secretary of said commission. ( June 28, 1879, ch. 43,  6 21 Stat. 38 July 26, 1947, ch. 343 61 Stat. 501  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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  645. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 642   Section, act July 25, 1912, ch. 253,  1 37 Stat. 218  646. Headquarters and meetings of commission  The headquarters and general offices of said commission shall be located at some city or town on the Mississippi River, to be designated by the Secretary of the Army, and the meetings of the commission except such as are held on Government boats during the time of the semiannual inspection trips of the commission shall be held at said headquarters and general offices, the times of said meetings to be fixed by the president of the commission, who shall cause due notice of such meetings to be given members of the commission and the public. ( June 28, 1879, ch. 43,  8 Feb. 18, 1901, ch. 377 31 Stat. 793 July 26, 1947, ch. 343 61 Stat. 501  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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  647. Mississippi River survey  [Detail of assistants; vessels; instruments.] June 28, 1879 [Plans; report.] Provided [Plans for immediate works.] ( June 28, 1879, ch. 43 21 Stat. 37 Feb. 14, 1903, ch. 552,  4 32 Stat. 826 July 26, 1947, ch. 343 61 Stat. 501  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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  Transfer of Functions Secretary of Commerce substituted for Secretary of the Treasury in the first par. pursuant to sections 4 and 10 of act Feb. 14, 1903 Tributaries Act Mar. 3, 1881, ch. 136 21 Stat. 474 It shall be the duty of said commission to take into consideration, and of the Secretary of War [now Secretary of the Army] to extend operations, under their supervision, to tributaries of the Mississippi River to the extent, and not further, that may be necessary in the judgment of said commission to the perfection of the general and permanent improvement of said Mississippi River. Executive Documents  Change of Name Coast and Geodetic Survey consolidated with National Weather Bureau in 1965 to form Environmental Science Services Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965 79 Stat. 1318 Oct. 3, 1970 84 Stat. 2090 Dec. 19, 1970 section 311 of Title 15  Transfer of Functions Functions of all officers of Department of Commerce and functions of all officers and employees of such Department transferred, with a few exceptions, to Secretary of Commerce, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by Reorg. Plan No. 5 of 1950,  1, 2, eff. May 24, 1950 64 Stat. 1263  648. Arkansas River; levee and bank protection  The jurisdiction of the Mississippi River Commission is extended so as to include that part of the Arkansas River between its mouth and the intersection thereof with the division line between Lincoln and Jefferson Counties, and any funds which are appropriated by Congress for improving the Mississippi River between Head of Passes and the mouth of the Ohio River, and which may be allotted to levees and bank revetment, may be expended within the limits of said extended jurisdiction under the direction of the Secretary of the Army, in accordance with the plans, specifications, and recommendations of the Mississippi River Commission, as approved by the Chief of Engineers, and upon like terms and conditions for levees and bank revetment upon any part of the Mississippi River now under the jurisdiction of said commission, and in such manner as will best promote and accomplish the purposes for which commission was created, in so far as the territory hereby added to its said jurisdiction may be involved. ( July 27, 1916, ch. 260,  1 39 Stat. 402 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Codification Section is from part of section 1 of the Rivers and Harbors Appropriation Act of 1916. 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  649. Vicksburg Harbor and Ohio River below Cache River  The harbor at Vicksburg, Mississippi, and the Ohio River from its mouth to the mouth of the Cache River, are transferred to and placed under the control and jurisdiction of the Mississippi River Commission: Provided ( July 27, 1916, ch. 260,  1 39 Stat. 402  Editorial Notes Codification Section is from part of section 1 of the Rivers and Harbors Appropriation Act of 1916.  650. Mississippi River below Rock Island; levee and bank protection  Any funds which are appropriated by Congress for improving the Mississippi River between Head of Passes and the mouth of the Ohio River, and which may be allotted to levees, may be expended, under the direction of the Secretary of the Army, in accordance with the plans, specifications, and recommendations of the Mississippi River Commission, as approved by the Chief of Engineers, for levees upon any part of said river between Head of Passes and Rock Island, Illinois, in such manner as, in their opinion, shall best improve navigation and promote the interest of commerce at all stages of the river. ( July 27, 1916, ch. 260,  1 39 Stat. 402 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Codification Section is from part of section 1 of the Rivers and Harbors Appropriation Act of 1916. Prior Provisions This provision superseded act June 4, 1906, ch. 2572 34 Stat. 208 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  651. Tributaries of Mississippi River below Cairo; levee and bank protection  The jurisdiction of the Mississippi River Commission is extended, for the purposes of levee protection and bank protection, to the tributaries and outlets of the Mississippi River between Cairo, Illinois, and the Head of the Passes, in so far as these tributaries and outlets are affected by the flood waters of the Mississippi River. ( Sept. 22, 1922, ch. 427,  13 42 Stat. 1047  Editorial Notes Codification Section is from the Rivers and Harbors Appropriation Act for the year 1922.  652. Upper Mississippi River Management (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 Public Law 95502 (3) the term GREAT I, GREAT II, and GRRM studies means the studies entitled GREAT Environmental Action TeamGREAT IA Study of the Upper Mississippi River, dated September 1980, GREAT River Environmental Action TeamGREAT IIA 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 (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 fiscal year 1999 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 (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 (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 (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 (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 95502 Section 2212 of this title ( Pub. L. 99662, title XI,  1103 Nov. 17, 1986 100 Stat. 4225 Pub. L. 101640, title IV,  405 Nov. 28, 1990 104 Stat. 4646 Pub. L. 102580, title I,  107 Oct. 31, 1992 106 Stat. 4815 Pub. L. 10653, title V,  509 Aug. 17, 1999 113 Stat. 339 Pub. L. 106109,  2 Nov. 24, 1999 113 Stat. 1494 Pub. L. 110114, title III,  3177 Nov. 8, 2007 121 Stat. 1155 Pub. L. 116260, div. AA, title III,  307 Dec. 27, 2020 134 Stat. 2704 Pub. L. 117263, div. H, title LXXXI,  8345 Dec. 23, 2022 136 Stat. 3796  Editorial Notes  References in Text Public Law 95502 Pub. L. 95502 Oct. 21, 1978 92 Stat. 1693 Section 102 of Pub. L. 95502 This Act, referred to in subsec. (f)(1), is Pub. L. 99662 Nov. 17, 1986 100 Stat. 4082 section 2201 of this title Codification Subsec. (c)(2) of this section amended section 101 of Pub. L. 95502 section 1962b3 of Title 42 Amendments 2022Subsec. (e)(3). Pub. L. 117263 2020Subsec. (e)(3). Pub. L. 116260,  307(1) Subsec. (e)(4). Pub. L. 116260,  307(2) 2007Subsec. (e)(1)(A)(ii). Pub. L. 110114 1999Subsec. (e). Pub. L. 10653,  509(a) (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. 10653,  509(b) Subsec. (e)(3). Pub. L. 10653,  509(c)(1) November 17, 1986 November 17, 1986 Subsec. (e)(4). Pub. L. 10653,  509(c)(2) November 17, 1986 Subsec. (e)(5). Pub. L. 106109 Pub. L. 10653,  509(c)(3) November 17, 1986 November 17, 1986 November 17, 1986 Subsec. (e)(6). Pub. L. 10653,  509(d) Subsec. (e)(7)(A). Pub. L. 10653,  509(e) Subsec. (e)(7)(B). Pub. L. 10653,  509(g)(1)(B) Subsec. (f)(2). Pub. L. 10653,  509(g)(2) Subsec. (h)(2). Pub. L. 10653,  509(f) 1992Subsec. (e)(2). Pub. L. 102580,  107(a)(1) Pub. L. 101640,  405(1) Subsec. (e)(6). Pub. L. 102580,  107(a)(3) Subsec. (e)(7). Pub. L. 102580,  107(a)(2) Subsec. (e)(7)(A). Pub. L. 102580,  107(b) section 2283 of this title Subsec. (e)(8). Pub. L. 102580,  107(a)(2) 1990Subsec. (e)(2). Pub. L. 101640,  405(1) Subsec. (e)(3). Pub. L. 101640,  405(2) Subsec. (e)(4). Pub. L. 101640,  405(3) Subsec. (e)(5). Pub. L. 101640,  405(4) Subsec. (f)(2)(A). Pub. L. 101640,  405(5) Statutory Notes and Related Subsidiaries Hydraulic Evaluation of Upper Mississippi River and Illinois River Pub. L. 117263, div. H, title LXXXI,  8219 Dec. 23, 2022 136 Stat. 3761  (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 (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. 110114, title VIII Nov. 8, 2007 121 Stat. 1283 Pub. L. 117286,  4(a)(199) Dec. 27, 2022 136 Stat. 4328  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. OBrien 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. 1962d5b (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 (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 of title , 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. 106541, title IV,  403 Dec. 11, 2000 114 Stat. 2634  (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 (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. 10653, title IV,  459 Aug. 17, 1999 113 Stat. 332 Pub. L. 106541, title IV,  404 Dec. 11, 2000 114 Stat. 2635  (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 (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  653. Extension of jurisdiction of Mississippi River Commission The jurisdiction of the Mississippi River Commission (established by the Act of June 29, 1879 1 1 33 U.S.C. 641 (1) Terrebonne Parish, Louisiana; and (2) the area bounded by the East Atchafalaya Basin Protection Levee, the Mississippi River Levee, and Bayou Lafourche and extending from Morganza, Louisiana, to the Gulf of Mexico, insofar as such area is affected by the flood waters of the Mississippi River. ( Pub. L. 102580, title III,  301 Oct. 31, 1992 106 Stat. 4838  Editorial Notes  References in Text Act of June 29, 1879 33 U.S.C. 641 act of June 28, 1879, ch. 43 21 Stat. 37  653a. Extension of jurisdiction of Mississippi River Commission The jurisdiction of the Mississippi River Commission, established by section 641 of this title (1) all of the area between the eastern side of the Bayou Lafourche Ridge from Donaldsonville, Louisiana, to the Gulf of Mexico and the west guide levee of the Mississippi River from Donaldsonville, Louisiana, to the Gulf of Mexico; (2) Alexander County, Illinois; and (3) the area in the State of Illinois from the confluence of the Mississippi and Ohio Rivers northward to the vicinity of Mississippi River mile 39.5, including the Len Small Drainage and Levee District, insofar as such area is affected by the flood waters of the Mississippi River. ( Pub. L. 104303, title V,  517 Oct. 12, 1996 110 Stat. 3764 CHAPTER 14 CALIFORNIA DEBRIS COMMISSION    Sec.  661. Creation of commission; appointment of members; vacancies; powers generally.  662. Organization; compensation of members; rules and regulations of procedure; traveling expenses.  663. Territorial jurisdiction over hydraulic mining; hydraulic mining injurious to navigation prohibited.  664. General duties as to plans for protection of navigation.  665. Survey for debris reservoirs; study of methods of mines and mining.  666. Noting conditions of navigable channels.  667. Annual reports.  668. Hydraulic mining and mining by hydraulic process defined.  669. Petition by hydraulic miners.  670. Surrender to United States of right to regulate debris of mine.  671. Petition for common dumping ground, etc.  672. Notice of petition for dumping grounds, etc.; hearing.  673. Order by commission directing method of mining, etc.; expenses of complying with order; exemption from mining taxes.  674. Plans for and supervision of work required by order; permit to commence mining.  675. Conditions precedent for commencement of mining operations.  676. Allotment of expenses for common dumping grounds; location of impounding works.  677. Limitation as to quantity of debris washed away.  678. Modification and revocation of permit to mine.  679. Violation of permit to mine; penalty.  680. Examination of mines; reports.  681. Repealed.  682. Malicious injury to works; injury to navigable waters by hydraulic mining; penalty.  683. Tax on operation of hydraulic mines; debris fund; advances by mine owners; storage for water and use of outlet facilities.  684. Cooperation by commission with State authorities.  685. Construction by commission of restraining works, etc.; use of debris fund.  686. Construction of restraining works in conjunction with State.  687. Use of State dredge and appliances in river and harbor improvements.  661. Creation of commission; appointment of members; vacancies; powers generally  A commission is created, to be known as the California Debris Commission, consisting of three members. The President of the United States shall, by and with the advice and consent of the Senate, appoint the commission from officers of the Corps of Engineers, United States Army. Vacancies occurring therein shall be filled in like manner. It shall have the authority, and exercise the powers set forth in sections 662 to 685 of this title, under the supervision of the Chief of Engineers and direction of the Secretary of the Army. ( Mar. 1, 1893, ch. 183,  1 27 Stat. 507 July 26, 1947, ch. 343 61 Stat. 501  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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  Abolition of California Debris Commission Pub. L. 99662, title XI,  1106 Nov. 17, 1986 100 Stat. 4229  (a) The California Debris Commission established by the first section of the Act of March 1, 1893 33 U.S.C. 661 (b) All authorities, powers, functions, and duties of the California Debris Commission are hereby transferred to the Secretary [meaning Secretary of the Army, see 33 U.S.C. 2201 (c) The assets, liabilities, contracts, property, records, and the unexpended balance of appropriations, authorizations, allocations, and other funds employed, held, used arising from, available to, or to be made available in connection with the authorities, powers, functions, and duties transferred by this section, subject to section 202 of the Budget and Accounting Procedure Act of 1950 [see 31 U.S.C. 1531 (d) All acquired lands, and other interests therein presently under the jurisdiction of the California Debris Commission are hereby authorized to be retained, and shall be administered under the direction of the Secretary, who is hereby authorized to take such actions as are necessary to consolidate and perfect title; to exchange for other lands or interests therein which may be required for recreation or for existing or proposed projects of the United States; to transfer to other Federal agencies or dispose of as surplus property; and to release to the coextensive fee owners any easements no longer required by the United States, under such conditions or for such consideration as the Secretary shall determine to be fair and reasonable. Except as specifically provided herein all transactions will be in accordance with existing laws and procedures.  662. Organization; compensation of members; rules and regulations of procedure; traveling expenses  Said commission shall organize by the selection of such officers as may be required in the performance of its duties the same to be selected from the members thereof. The members of said commission shall receive no greater compensation than is now allowed by law to each, respectively, as an officer of said Corps of Engineers. It shall also adopt rules and regulations, not inconsistent with law, to govern its deliberations and prescribe the method of procedure under the provisions of this chapter. While traveling on duty the officers of the commission shall receive the mileage allowed by law. ( Mar. 1, 1893, ch. 183,  2 27 Stat. 507 June 6, 1900, ch. 791,  1 31 Stat. 631  Editorial Notes Codification The last sentence of this section is from a provision accompanying an appropriation for the expenses of the Commission in the Sundry Civil Appropriation Act for 1901, which originally read as follows: So much of the Act of March third, eighteen hundred and ninety-nine, as provides that the members of the California Debris Commission shall receive only actual expenses in lieu of mileage while traveling on duty is hereby repealed, and hereafter the officers of the commission shall receive the mileage allowed by law. Act Mar. 3, 1899, ch. 424,  1 30 Stat. 1109 Statutory Notes and Related Subsidiaries  Transfer of Functions California Debris Commission abolished and functions transferred to Secretary of the Army by Pub. L. 99662, title XI,  1106 Nov. 17, 1986 100 Stat. 4229 section 661 of this title  663. Territorial jurisdiction over hydraulic mining; hydraulic mining injurious to navigation prohibited  The jurisdiction of said commission, in so far as the same affects mining carried on by the hydraulic process, shall extend to all such mining in the territory drained by the Sacramento and San Joaquin River systems in the State of California. Hydraulic mining, as defined in section 668 of this title ( Mar. 1, 1893, ch. 183,  3 27 Stat. 507  Statutory Notes and Related Subsidiaries  Transfer of Functions California Debris Commission abolished and functions transferred to Secretary of the Army by Pub. L. 99662, title XI,  1106 Nov. 17, 1986 100 Stat. 4229 section 661 of this title  664. General duties as to plans for protection of navigation  It shall be the duty of said commission to mature and adopt such plan or plans, from examinations and surveys made prior to March 1, 1893 ( Mar. 1, 1893, ch. 183,  4 27 Stat. 507  Statutory Notes and Related Subsidiaries  Transfer of Functions California Debris Commission abolished and functions transferred to Secretary of the Army by Pub. L. 99662, title XI,  1106 Nov. 17, 1986 100 Stat. 4229 section 661 of this title  665. Survey for debris reservoirs; study of methods of mines and mining  It shall further examine, survey, and determine the utility and practicability, for the purposes hereinafter indicated, of storage sites in the tributaries of said rivers and in the respective branches of said tributaries, or in the plains, basins, sloughs, and tule and swamp lands adjacent to or along the course of said rivers, for the storage of debris or water or as settling reservoirs, with the object of using the same by either or all of these methods to aid in the improvement and protection of said navigable rivers by preventing deposits therein of debris resulting from mining operations, natural erosion, or other causes, or for affording relief thereto in flood time and providing sufficient water to maintain scouring force therein in the summer season; and in connection therewith to investigate such hydraulic and other mines as are or may have been worked by methods intended to restrain the debris and material moved in operating such mines by impounding dams, settling reservoirs, or otherwise, and in general to make such study of and researches in the hydraulic mining industry as science, experience, and engineering skill may suggest as practicable and useful in devising a method or methods whereby such mining may be carried on as aforesaid. ( Mar. 1, 1893, ch. 183,  5 27 Stat. 507  Statutory Notes and Related Subsidiaries  Transfer of Functions California Debris Commission abolished and functions transferred to Secretary of the Army by Pub. L. 99662, title XI,  1106 Nov. 17, 1986 100 Stat. 4229 section 661 of this title  666. Noting conditions of navigable channels  The said commission shall from time to time note the conditions of the navigable channels of said river systems, by cross-section surveys or otherwise, in order to ascertain the effect therein of such hydraulic mining operations as may be permitted by its orders and such as is caused by erosion, natural or otherwise. ( Mar. 1, 1893, ch. 183,  6 27 Stat. 508  Statutory Notes and Related Subsidiaries  Transfer of Functions California Debris Commission abolished and functions transferred to Secretary of the Army by Pub. L. 99662, title XI,  1106 Nov. 17, 1986 100 Stat. 4229 section 661 of this title  667. Annual reports  Said commission shall submit to the Chief of Engineers, for the information of the Secretary of the Army, on or before the 15th day of November of each year, a report of its labors and transactions, with plans for the construction, completion, and preservation of the public works outlined in this chapter, together with estimates of the cost thereof, stating what amounts can be profitably expended thereon each year. The Secretary of the Army shall thereupon submit same to Congress on or before the meeting thereof. ( Mar. 1, 1893, ch. 183,  7 27 Stat. 508 July 26, 1947, ch. 343 61 Stat. 501  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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  Transfer of Functions California Debris Commission abolished and functions transferred to Secretary of the Army by Pub. L. 99662, title XI,  1106 Nov. 17, 1986 100 Stat. 4229 section 661 of this title  668. Hydraulic mining and mining by hydraulic process defined  For the purposes of this chapter hydraulic mining and mining by the hydraulic process are declared to have the meaning and application given to said terms in the State of California. ( Mar. 1, 1893, ch. 183,  8  669. Petition by hydraulic miners  The individual proprietor or proprietors, or in case of a corporation, its manager or agent appointed for that purpose, owning mining ground in the territory in the State of California mentioned in section 663 of this title ( Mar. 1, 1893, ch. 183,  9 27 Stat. 508  Statutory Notes and Related Subsidiaries  Transfer of Functions California Debris Commission abolished and functions transferred to Secretary of the Army by Pub. L. 99662, title XI,  1106 Nov. 17, 1986 100 Stat. 4229 section 661 of this title  670. Surrender to United States of right to regulate debris of mine  Said petition shall be accompanied by an instrument duly executed and acknowledged, as required by the law of the said State, whereby the owner or owners of such mine or mines surrender to the United States the right and privilege to regulate by law, as provided in this chapter, or any law that may be enacted after March 1, 1893 March 1, 1893 Provided ( Mar. 1, 1893, ch. 183,  10 27 Stat. 508  671. Petition for common dumping ground, etc.  The owners of several mining claims situated so as to require a common dumping ground or dam or other restraining works for the debris issuing therefrom in one or more sites may file a joint petition setting forth such facts in addition to the requirements of section 669 of this title ( Mar. 1, 1893, ch. 183,  11 27 Stat. 508  Editorial Notes  References in Text Herein, referred to in text, means act Mar. 1, 1893  672. Notice of petition for dumping grounds, etc.; hearing  A notice specifying briefly the contents of said petition and fixing a time previous to which all proofs are to be submitted shall be published by said commission in some newspaper or newspapers of general circulation in the communities interested in the matter set forth therein. If published in a daily paper such publication shall continue for at least ten days; if in a weekly paper in at least three issues of the same. Pending publication thereof said commission, or a committee thereof, shall examine the mine and premises described in such petition. On or before the time so fixed all parties interested, either as petitioners or contestants, whether miners or agriculturists, may file affidavits, plans, and maps in support of their respective claims. Further hearings, upon notice to all parties of record, may be granted by the commission when necessary. ( Mar. 1, 1893, ch. 183,  12 27 Stat. 508  Statutory Notes and Related Subsidiaries  Transfer of Functions California Debris Commission abolished and functions transferred to Secretary of the Army by Pub. L. 99662, title XI,  1106 Nov. 17, 1986 100 Stat. 4229 section 661 of this title  673. Order by commission directing method of mining, etc.; expenses of complying with order; exemption from mining taxes  In case a majority of the members of said commission, within thirty days after the time so fixed, concur in the decision in favor of the petitioner or petitioners, the said commission shall thereupon make an order directing the methods and specifying in detail the manner in which operations shall proceed in such mine or mines; what restraining or impounding works, if any, if facilities therefor can be found, shall be built and maintained; how and of what material; where to be located; and in general set forth such further requirements and safeguards as will protect the public interests and prevent injury to the said navigable rivers and the lands adjacent thereto, with such further conditions and limitations as will observe all the provisions of this chapter in relation to the working thereof and the payment of taxes on the gross proceeds of the same: Provided And provided further And provided also ( Mar. 1, 1893, ch. 183,  13 27 Stat. 508 Feb. 27, 1907, ch. 2077 34 Stat. 1001  Editorial Notes Amendments 1907Act Feb. 27, 1907 Statutory Notes and Related Subsidiaries  Transfer of Functions California Debris Commission abolished and functions transferred to Secretary of the Army by Pub. L. 99662, title XI,  1106 Nov. 17, 1986 100 Stat. 4229 section 661 of this title  674. Plans for and supervision of work required by order; permit to commence mining  Such petitioner or petitioners must within a reasonable time present plans and specifications of all works required to be built in pursuance of said order for examination, correction, and approval by said commission; and thereupon work may immediately commence thereon under the supervision of said commission or representative thereof attached thereto from said Corps of Engineers, who shall inspect same from time to time. Upon completion thereof, if found in every respect to meet the requirements of the said order and said approved plans and specifications, permission shall thereupon be granted to the owner or owners of such mine or mines to commence mining operations, subject to the conditions of said order and the provisions of this chapter. ( Mar. 1, 1893, ch. 183,  14 27 Stat. 509  Statutory Notes and Related Subsidiaries  Transfer of Functions California Debris Commission abolished and functions transferred to Secretary of the Army by Pub. L. 99662, title XI,  1106 Nov. 17, 1986 100 Stat. 4229 section 661 of this title  675. Conditions precedent for commencement of mining operations  No permission granted to a mine owner or owners under this chapter shall take effect, so far as regards the working of a mine, until all impounding dams or other restraining works, if any are prescribed by the order granting such permission, have been completed and until the impounding dams or other restraining works or settling reservoirs provided by said commission have reached such a stage as, in the opinion of said commission, it is safe to use the same: Provided, however ( Mar. 1, 1893, ch. 183,  15 27 Stat. 509  Statutory Notes and Related Subsidiaries  Transfer of Functions California Debris Commission abolished and functions transferred to Secretary of the Army by Pub. L. 99662, title XI,  1106 Nov. 17, 1986 100 Stat. 4229 section 661 of this title  676. Allotment of expenses for common dumping grounds; location of impounding works  In case the joint petition referred to in section 671 of this title ( Mar. 1, 1893, ch. 183,  16 27 Stat. 509  Statutory Notes and Related Subsidiaries  Transfer of Functions California Debris Commission abolished and functions transferred to Secretary of the Army by Pub. L. 99662, title XI,  1106 Nov. 17, 1986 100 Stat. 4229 section 661 of this title  677. Limitation as to quantity of debris washed away  At no time shall any more debris be permitted to be washed away from any hydraulic mine or mines situated on the tributaries of said rivers and the respective branches of each, worked under the provisions of this chapter, than can be impounded within the restraining works erected. ( Mar. 1, 1893, ch. 183,  17 27 Stat. 509  678. Modification and revocation of permit to mine  The said commission may, at any time when the condition of the navigable rivers or when the capacities of all impounding and settling facilities erected by mine owners or such as may be provided by Government authority require same, modify the order granting the privilege to mine by the hydraulic mining process so as to reduce the amount thereof to meet the capacities of the facilities then in use; or, if actually required in order to protect the navigable rivers from damage or in case of failure to pay the tax prescribed by section 683 of this title ( Mar. 1, 1893, ch. 183,  18 27 Stat. 509 June 19, 1934, ch. 661,  1 48 Stat. 1118  Editorial Notes Amendments 1934Act June 19, 1934 section 683 of this title Statutory Notes and Related Subsidiaries  Transfer of Functions California Debris Commission abolished and functions transferred to Secretary of the Army by Pub. L. 99662, title XI,  1106 Nov. 17, 1986 100 Stat. 4229 section 661 of this title  679. Violation of permit to mine; penalty  An intentional violation on the part of a mine owner or owners, company, or corporation, or the agents or employees of either, of the conditions of the order granted pursuant to section 673 of this title ( Mar. 1, 1893, ch. 183,  19 27 Stat. 510  Statutory Notes and Related Subsidiaries  Transfer of Functions California Debris Commission abolished and functions transferred to Secretary of the Army by Pub. L. 99662, title XI,  1106 Nov. 17, 1986 100 Stat. 4229 section 661 of this title  680. Examination of mines; reports  Said commission, or a committee therefrom, or officer of said corps assigned to duty under its orders, shall, whenever deemed necessary, visit said territory and all mines operating under the provisions of this chapter. A report of such examination shall be placed on file. ( Mar. 1, 1893, ch. 183,  20 27 Stat. 510  Statutory Notes and Related Subsidiaries  Transfer of Functions California Debris Commission abolished and functions transferred to Secretary of the Army by Pub. L. 99662, title XI,  1106 Nov. 17, 1986 100 Stat. 4229 section 661 of this title  681. Repealed. Pub. L. 94579, title VII,  704(a) Oct. 21, 1976 90 Stat. 2792   Section, act Mar. 1, 1893, ch. 183,  21 27 Stat. 510 July 16, 1946 60 Stat. 1100 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 94579, title VII,  704(a) Oct. 21, 1976 90 Stat. 2792 Oct. 21, 1976 Savings Provision Repeal by Pub. L. 94579 Oct. 21, 1976 section 701(a) of Pub. L. 94579 section 1701 of Title 43  682. Malicious injury to works; injury to navigable waters by hydraulic mining; penalty  Any person or persons who willfully or maliciously injure, damage, or destroy, or attempt to injure, damage, or destroy, any dam or other work erected under the provisions of this chapter for restraining, impounding, or settling purposes, or for use in connection therewith, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not to exceed the sum of $5,000 or be imprisoned not to exceed five years, or by both such fine and imprisonment, in the discretion of the court. And any person or persons, company or corporation, their agents or employees, who shall mine by the hydraulic process directly or indirectly injuring the navigable waters of the United States, in violation of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $5,000, or by imprisonment not exceeding one year, or by both such fine and imprisonment, in the discretion of the court. ( Mar. 1, 1893, ch. 183,  22 27 Stat. 510  683. Tax on operation of hydraulic mines; debris fund; advances by mine owners; storage for water and use of outlet facilities  Upon the construction by the said commission of dams or other works for the detention of debris from hydraulic mines and the issuing of the order provided for by this chapter to any individual, company, or corporation to work any mine or mines by hydraulic process, the individual, company, or corporation operating thereunder working any mine or mines by hydraulic process, the debris from which flows into or is in whole or in part restrained by such dams or other works erected by said commission, shall pay for each cubic yard mined from the natural bank a tax equal to the total capital cost of the dam, reservoir, and rights-of-way divided by the total capacity of the reservoir for the restraint of debris, as determined in each case by the California Debris Commission, which tax shall be paid annually on a date fixed by said commission and in accordance with regulations to be adopted by the Secretary of the Treasury, and the Treasurer of the United States is authorized to receive the same. All sums of money paid into the Treasury under this section shall be set apart and credited to a fund to be known as the debris fund, and shall be expended by said commission under the supervision of the Chief of Engineers and direction of the Secretary of the Army, for repayment of any funds advanced by the Federal Government or other agency for the construction of restraining works and settling reservoirs, and for maintenance: Provided And provided further Provided ( Mar. 1, 1893, ch. 183,  23 27 Stat. 510 June 19, 1934, ch. 661,  2 48 Stat. 1118 June 25, 1938, ch. 653 52 Stat. 1040 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Amendments 1938Act June 25, 1938 1934Act June 19, 1934 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  Transfer of Functions California Debris Commission abolished and functions transferred to Secretary of the Army by Pub. L. 99662, title XI,  1106 Nov. 17, 1986 100 Stat. 4229 section 661 of this title Executive Documents  Transfer of Functions Pertaining to Air Force For transfer of certain functions insofar as they pertain to Air Force, and to extent that they were not previously transferred to Secretary of the Air Force and Department of the Air Force from Secretary of the Army and Department of the Army, see Secretary of Defense Transfer Order No. 40, July 22, 1949  684. Cooperation by commission with State authorities  For the purpose of securing harmony of action and economy in expenditures in the work to be done by the United States and the State of California, respectively, the former in its plans for the improvement and protection of the navigable streams and to prevent the depositing of mining debris or other materials within the same, and the latter in its plans authorized by law for the reclamation, drainage, and protection of its lands, or relating to the working of hydraulic mines, the said commission is empowered to consult thereon with a commission of engineers of said State, if authorized by said State for said purpose, the result of such conference to be reported to the Chief of Engineers of the United States Army, and if by him approved shall be followed by said commission. ( Mar. 1, 1893, ch. 183,  24 27 Stat. 511  Statutory Notes and Related Subsidiaries  Transfer of Functions California Debris Commission abolished and functions transferred to Secretary of the Army by Pub. L. 99662, title XI,  1106 Nov. 17, 1986 100 Stat. 4229 section 661 of this title  685. Construction by commission of restraining works, etc.; use of debris fund  Said commission, in order that such material as is now or may hereafter be lodged in the tributaries of the Sacramento and San Joaquin River systems resulting from mining operations, natural erosion, or other causes, shall be prevented from injuring the said navigable rivers or such of the tributaries of either as may be navigable and the land adjacent thereto, is directed and empowered, when appropriations are made therefor by law, or sufficient money is deposited for that purpose in said debris fund, to build at such points above the head of navigation in said rivers and on the main tributaries thereof, or branches of such tributaries, or any place adjacent to the same, which in the judgment of said commission, will effect said object (the same to be of such material as will insure safety and permanency), such restraining or impounding dams and settling reservoirs, with such canals, locks, or other works adapted and required to complete same. The recommendations contained in Executive Document Numbered 267, Fifty-first Congress, second session, and Executive Document Numbered 98, Forty-seventh Congress, first session, as far as they refer to impounding dams, or other restraining works, are adopted, and the same are directed to be made the basis of operations. ( Mar. 1, 1893, ch. 183,  25 27 Stat. 511  Editorial Notes  References in Text Executive Document Numbered 267, referred to in text, contained a report by a board of engineers created by act Oct. 1, 1888, ch. 1057 25 Stat. 498 Executive Document Numbered 98, referred to in text, contained a report of Lieut. Col. G. H. Mendell, Corps of Engineers, U.S.A., dated Jan. 26, 1882 act June 14, 1880, ch. 211 21 Stat. 196 Statutory Notes and Related Subsidiaries  Transfer of Functions California Debris Commission abolished and functions transferred to Secretary of the Army by Pub. L. 99662, title XI,  1106 Nov. 17, 1986 100 Stat. 4229 section 661 of this title  686. Construction of restraining works in conjunction with State  The Secretary of the Army, in expending appropriations in the preparation for and construction of works for the restraining or impounding of mining debris in the State of California, is authorized to enter into an agreement that the contractor shall look solely to the State of California for one-half of such expense, to be paid out of said States appropriation, and the United States shall in nowise be liable for said one-half. The Secretary of the Army, in carrying out the provisions of any Act of Congress, providing for the restraining or impounding of mining debris in California, may, in his discretion, when in his judgment the aggregate of appropriations already made by said State and Congress and available therefor are sufficient to complete the same, undertake the works necessary thereto by hired labor and by purchase of supplies and materials therefor, and may accept payments on account thereof as the work progresses under and according to the provisions of the acts of the legislature of said State for such purposes. ( July 1, 1898, ch. 546,  1 30 Stat. 631 Mar. 3, 1899, ch. 425,  1 30 Stat. 1148 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Codification Section was enacted as part of act Mar. 3, 1899 act Mar. 1, 1893, ch. 183 27 Stat. 507 As originally enacted the first paragraph read as follows: The provisions of an Act of Congress, entitled An Act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-nine, and for other purposes, approved July first, eighteen hundred and ninety-eight, authorizing the Secretary of War, in expending certain specified appropriations in the preparation for and construction of certain works for the restraining or impounding of mining debris in the State of California, to enter into a contract or contracts wherein the contractor or contractors shall look solely to that State for one-half of such expense, and that the United States shall in no wise be liable for said one-half, are hereby extended to any appropriations, when made, that may hereafter be made for said purposes. Act July 1, 1898 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  687. Use of State dredge and appliances in river and harbor improvements  The Secretary of the Army is authorized to accept from the State of California the use of any dredger, or appliances owned or controlled by said State, conformably to any offer thereof by the said State; and the Secretary of the Army is authorized to use any such dredger or appliances in any river or harbor improvement that may be prosecuted therein by the United States, either on the part of the United States alone or conjointly with said State: Provided ( Mar. 3, 1899, ch. 425,  1 30 Stat. 1148 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Codification Section was enacted as part of act Mar. 3, 1899 act Mar. 1, 1893, ch. 183 27 Stat. 507 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 CHAPTER 15 FLOOD CONTROL    Sec.  701. Flood control generally.  7011. Declaration of policy of 1944 act.  701a. Declaration of policy of 1936 act.  701a1. Flood control defined; jurisdiction of Federal investigations.  701b. Supervision of Secretary of the Army; reclamation projects unaffected.  701b1. Transfer of jurisdiction in certain cases to Department of Agriculture.  701b2. Cooperation by Secretaries of the Army and Agriculture; expenditures.  701b3. Examinations and surveys; availability of appropriations.  701b4. Administration of surveys; number authorized; reports.  701b5. Omitted.  701b6. Examinations and surveys by Secretary of Agriculture.  701b7. Supplemental reports to Senate Environment and Public Works Committee and House Public Works Committee.  701b8. Submission of report by Chief of Engineers.  701b8a. Discontinuance of preliminary examination reports.  701b9. Availability of appropriations for expenses incident to operation of power boats or vessels; expenses defined; certification of expenditures.  701b10. Omitted.  701b11. Flood protection projects.  701b12. Floodplain management requirements.  701b13. Repealed.  701b14. Structural integrity evaluations.  701b15. Non-Federal plans to provide additional flood risk reduction.  701b16. Management of flood risk reduction projects.  701b17. Corps of Engineers Western Water Cooperative Committee.  701c. Rights-of-way, easements, etc.; acquisition by local authorities; maintenance and operation; protection of United States from liability for damages; requisites to run-off and water-flow retardation and soil erosion prevention assistance.  701c1. Acquirement of titles for certain projects and to lands, easements, rights-of-way; reimbursement of local agencies.  701c2. Acquisition and sale of land.  701c3. Lease receipts; payment of portion to States.  701d. Compacts between States; consent of Congress.  701e. Effect of act June 22, 1936  701f. Authorization of appropriations.  701f1. Additional authorization.  701f2. Funds for specific and authorized projects merged with and accounted for under regular annual appropriation.  701f3. Expenditure in watersheds of funds appropriated for flood prevention purposes.  701g. Removal of obstructions; clearing channels.  701h. Contributions by States, political subdivisions, and other non-Federal interests.  701h1. Contributions by States and political subdivisions for immediate use on authorized flood-control work; repayment.  701h2. No adverse effect on processes.  701h3. State contribution of funds for certain operation and maintenance costs.  701h4. Acceptance of funds for harbor dredging.  701i. Elimination from protection of areas subject to evacuation.  701j. Installation in dams of facilities for future development of hydroelectric power.  701k. Crediting reimbursements for lost, stolen, or damaged property.  701l l Repealed.  701m. Insufficient Congressional authorization; preparations for and modification of project.  701n. Emergency response to natural disasters.  701n1. Biennial report to Congress.  701n2. Monthly report to Congress.  701n3. Permanent measures to reduce emergency flood fighting needs for communities subject to repetitive flooding.  701o. Omitted.  701p. Railroad bridge alterations at Federal expense.  701q. Repair and protection of highways, railroads, and utilities damaged by operation of dams or reservoir.  701q1. Repair and restoration of embankments.  701r. Protection of highways, bridge approaches, lighthouses, public works, and nonprofit public services.  701r1. Utilization of public roads.  701s. Small flood control projects; appropriations; amount limitation for single locality; conditions.  701t. Emergency fund for flood damage; amount; commitments to be fulfilled by local interests.  701u. International engineering or scientific conferences; attendance.  702. Mississippi River.  702a. Adoption of 1927 project; execution; creation of board; scope of authority; appropriation.  702a1. Modification of project of 1927; adoption.  702a1a. Further modification of 1927 project; adoption; appropriation.  702a1b. Further modification; adoption.  702a2. Abandonment of Boeuf Floodway.  702a3. Levees; raising and enlarging.  702a4. Fuse-plug levees.  702a5. Back levee north of Eudora Floodway.  702a6. Drainage necessitated by floodway levees.  702a7. Railroad and highway crossings over floodways.  702a8. Additional roads; construction by United States.  702a9. Lands, easements, and rights-of-way; acquisition by local authorities; reimbursement; protection of United States from liability for damages.  702a10. Flowage rights and rights-of-way; reimbursement of local authorities; highway crossings; use of properties for national forests or wildlife refuges.  702a11. Morganza Floodway; Eudora Floodway.  702a12. Modified Lower Mississippi River project as of August 18, 1941  702b. Local contribution toward cost of flood control work.  702c. Expenditures for construction work; conditions precedent; liability for damage from flood waters; condemnation proceedings; floodage rights.  702d. Flowage rights; condemnation proceedings; benefits to property.  702d1. Bonnet Carre Spillway and Floodway; rights-of-way, etc., over lands.  702e. Maps for project; preparation.  702f. Expenditures for earlier projects.  702g. Appropriation for emergency fund.  702g1. Additional appropriation for emergency fund.  702h. Prosecution of project by Mississippi River Commission; president of commission; salaries.  702h1. Transferred.  702i. Certain sections applicable to property and rights acquired or constructed.  702j. Projects relating to tributary streams; report to Congress; appropriation.  702j1. Saint Francis and Yazoo Rivers; lands and easements; alteration of highways; cooperation of States.  702j2. White River Levee District; rights-of-way; drainage facilities; flowage rights; acquisition by local authorities; protection of United States from liability for damages.  702k. Surveys below Cape Girardeau, Missouri; resurvey of levee in Tennessee.  702k1. Authorization of appropriation.  702k2. Separability.  702l. Repeal of inconsistent laws.  702m. Interest of Members of Congress in contracts for acquisition of land.  702n. Levee rights-of-way; payment or reimbursement for.  702o. Mississippi River and Tributaries Project.  703. Sacramento River, California.  704. Modification of project.  705. Salmon River, Alaska; flood control work authorized.  706. Secretary of Commerce; current precipitation information; appropriation.  707. Sumner Dam and Lake Sumner; declaration of purpose; report to Congress; appropriation.  708. Sale of surplus waters for domestic and industrial uses; disposition of moneys.  709. Regulations for use of storage waters; application to Tennessee Valley Authority.  709a. Information on floods and flood damage.  709b. Flood hazard information.  709c. Emergency communication of risk.  701. Flood control generally  [Laws applicable to works of improvement relating to flood control.] [Examinations and surveys; details from Government departments; reports.] Provided [Reports by Board of Engineers for Rivers and Harbors.] ( Mar. 1, 1917, ch. 144,  3 39 Stat. 950 July 26, 1947, ch. 343 61 Stat. 501 Pub. L. 103437,  12(c) Nov. 2, 1994 108 Stat. 4590  Editorial Notes Codification Sections 1 and 2 of act Mar. 1, 1917 section 643 of this title section 702h of this title Amendments 1994 Pub. L. 103437 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  Termination of Board of Engineers for Rivers and Harbors and Reassignment of Duties and Responsibilities For termination of Board of Engineers for Rivers and Harbors 180 days after Oct. 31, 1992 section 223 of Pub. L. 102580 section 541 of this title Executive Documents Floodplain Management For provisions relating to the reduction of the risk of flood loss, the minimization of the impact of floods on human safety, health, and welfare, and the management of floodplains, see Ex. Ord. No. 11988, May 24, 1977 section 4321 of Title 42  Executive Order No. 11296 Ex. Ord. No. 11296, Aug. 10, 1966 Pub. L. 90608 Oct. 21, 1968 82 Stat. 1194 May 24, 1977 section 4321 of Title 42  7011. Declaration of policy of 1944 act  In connection with the exercise of jurisdiction over the rivers of the Nation through the construction of works of improvement, for navigation or flood control, as herein authorized, it is declared to be the policy of the Congress to recognize the interests and rights of the States in determining the development of the watersheds within their borders and likewise their interests and rights in water utilization and control, as herein authorized to preserve and protect to the fullest possible extent established and potential uses, for all purposes, of the waters of the Nations rivers; to facilitate the consideration of projects on a basis of comprehensive and coordinated development; and to limit the authorization and construction of navigation works to those in which a substantial benefit to navigation will be realized therefrom and which can be operated consistently with appropriate and economic use of the waters of such rivers by other users. In conformity with this policy: (a) Plans, proposals, or reports of the Chief of Engineers, Department of the Army, for any works of improvement for navigation or flood control not heretofore or herein authorized, shall be submitted to the Congress only upon compliance with the provisions of this paragraph (a). Investigations which form the basis of any such plans, proposals, or reports shall be conducted in such a manner as to give to the affected State or States, during the course of the investigations, information developed by the investigations and also opportunity for consultation regarding plans and proposals, and, to the extent deemed practicable by the Chief of Engineers, opportunity to cooperate in the investigations. If such investigations in whole or part are concerned with the use or control of waters arising west of the ninety-seventh meridian, the Chief of Engineers shall give to the Secretary of the Interior, during the course of the investigations, information developed by the investigations and also opportunity for consultation regarding plans and proposals, and to the extent deemed practicable by the Chief of Engineers, opportunity to cooperate in the investigations. The relations of the Chief of Engineers with any State under this paragraph (a) shall be with the Governor of the State or such official or agency of the State as the Governor may designate. The term affected State or States shall include those in which the works or any part thereof are proposed to be located; those which in whole or part are both within the drainage basin involved and situated in a State lying wholly or in part west of the ninety-eighth meridian; and such of those which are east of the ninety-eighth meridian as, in the judgment of the Chief of Engineers, will be substantially affected. Such plans, proposals, or reports and related investigations shall be made to the end, among other things, of facilitating the coordination of plans for the construction and operation of the proposed works with other plans involving the waters which would be used or controlled by such proposed works. Each report submitting any such plans or proposals to the Congress shall set out therein, among other things, the relationship between the plans for construction and operation of the proposed works and the plans, if any, submitted by the affected States and by the Secretary of the Interior. The Chief of Engineers shall transmit a copy of his proposed report to each affected State, and, in case the plans or proposals covered by the report are concerned with the use or control of waters which rise in whole or in part west of the ninety-seventh meridian, to the Secretary of the Interior. Within 30 days from the date of receipt of said proposed report, the written views and recommendations of each affected State and of the Secretary of the Interior may be submitted to the Chief of Engineers. The Secretary of the Army shall transmit to the Congress, with such comments and recommendations as he deems appropriate, the proposed report together with the submitted views and recommendations of affected States and of the Secretary of the Interior. The Secretary of the Army may prepare and make said transmittal any time following said 30-day period. The letter of transmittal and its attachments shall be printed as a House or Senate document and shall be made publicly available. (b) The use for navigation, in connection with the operation and maintenance of such works herein authorized for construction, of waters arising in States lying wholly or partly west of the ninety-eighth meridian shall be only such use as does not conflict with any beneficial consumptive use, present or future, in States lying wholly or partly west of the ninety-eighth meridian, of such waters for domestic, municipal, stock water, irrigation, mining, or industrial purposes. (c) The Secretary of the Interior, in making investigations of and reports on works for irrigation and purposes incidental thereto shall, in relation to an affected State or States (as defined in paragraph (a) of this section), and to the Secretary of the Army, be subject to the same provisions regarding investigations, plans, proposals, and reports as prescribed in paragraph (a) of this section for the Chief of Engineers and the Secretary of the Army. In the event a submission of views and recommendations, made by an affected State or by the Secretary of the Army pursuant to said provisions, sets forth objections to the plans or proposals covered by the report of the Secretary of the Interior, the proposed works shall not be deemed authorized except upon approval by an Act of Congress; and section 485h(a) of title 43 section 590z1(a) of title 16 ( Dec. 22, 1944, ch. 665,  1 58 Stat. 887 July 26, 1947, ch. 343 61 Stat. 501 Pub. L. 104303, title II,  223 Oct. 12, 1996 110 Stat. 3697 Pub. L. 114322, title I,  1136(a) Dec. 16, 2016 130 Stat. 1656  Editorial Notes Amendments 2016Subsec. (a). Pub. L. 114322 1996Par. (a). Pub. L. 104303 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Applicability of Section to Projects Authorized by Flood Control Acts Pub. L. 90483, title II,  202 Aug. 13, 1968 82 Stat. 739 The provisions of section 1 of the Act of December 22, 1944 Pub. L. 90483 Similar provisions were contained in the following prior acts: Nov. 7, 1966 Pub. L. 89789, title II,  202 80 Stat. 1418 Oct. 27, 1965 Pub. L. 89298, title II,  203 79 Stat. 1074 Sept. 3, 1954, ch. 1264 68 Stat. 1256 May 17, 1950, ch. 188 64 Stat. 170 Glendo Unit, Wyoming, Missouri River Basin Project Joint Res. July 16, 1954, ch. 532,  2 68 Stat. 486 Section as Unaffected by Submerged Lands Act Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43  701a. Declaration of policy of 1936 act  It is recognized that destructive floods upon the rivers of the United States, upsetting orderly processes and causing loss of life and property, including the erosion of lands, and impairing and obstructing navigation, highways, railroads, and other channels of commerce between the States, constitute a menace to national welfare; that it is the sense of Congress that flood control on navigable waters or their tributaries is a proper activity of the Federal Government in cooperation with States, their political subdivisions, and localities thereof; that investigations and improvements of rivers and other waterways, including watersheds thereof, for flood-control purposes are in the interest of the general welfare; that the Federal Government should improve or participate in the improvement of navigable waters or their tributaries, including watersheds thereof, for flood-control purposes if the benefits to whomsoever they may accrue are in excess of the estimated costs, and if the lives and social security of people are otherwise adversely affected. ( June 22, 1936, ch. 688,  1 49 Stat. 1570  701a1. Flood control defined; jurisdiction of Federal investigations  The words flood control as used in section 701a of this title ( Dec. 22, 1944, ch. 665,  2 58 Stat. 889 July 26, 1947, ch. 343 61 Stat. 501 Pub. L. 99662, title IV,  403 Nov. 17, 1986 100 Stat. 4133  Editorial Notes Amendments 1986 Pub. L. 99662 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Savings Provision Authority of Secretary of Agriculture under this section as unaffected by repeal of Secretarys authority under section 701b of this title Aug. 4, 1954 section 701b of this title Section as Unaffected by Submerged Lands Act Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43  701b. Supervision of Secretary of the Army; reclamation projects unaffected  Federal investigations and improvements of rivers and other waterways for flood control and allied purposes shall be under the jurisdiction of and shall be prosecuted by the Department of the Army under the direction of the Secretary of the Army and supervision of the Chief of Engineers, except as otherwise provided by Act of Congress; and in his reports upon examinations and surveys, the Secretary of the Army shall be guided as to flood-control measures by the principles set forth in section 701a of this title Provided ( June 22, 1936, ch. 688,  2 49 Stat. 1570 June 28, 1938, ch. 795,  1 52 Stat. 1215 Aug. 18, 1941, ch. 377,  1 55 Stat. 638 July 26, 1947, ch. 343 61 Stat. 501 Aug. 4, 1954, ch. 656,  7 68 Stat. 668  Editorial Notes Amendments 1954Act Aug. 4, 1954 1941Act Aug. 18, 1941 1938Act June 28, 1938 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Savings Provision Act Aug. 4, 1954, ch. 656,  7 68 Stat. 668 (a) the authority of that Department of Agriculture, under the direction of the Secretary, to prosecute the works of improvement for runoff and waterflow retardation and soil erosion prevention authorized to be carried out by the Department by the act of December 22, 1944 58 Stat. 887 section 701a1 of this title section 7 of the act of June 28, 1938 52 Stat. 1215 section 216 of the act of May 17, 1950 64 Stat. 163 section 701b1 of this title Risk-Based Analysis Methodology Pub. L. 104303, title II,  202(h) Oct. 12, 1996 110 Stat. 3676 Oct. 12, 1996  701b1. Transfer of jurisdiction in certain cases to Department of Agriculture  In order to effectuate the policy declared in sections 701a and 701b of this title, and to correlate the program for the improvement of rivers and other waterways by the Department of the Army with the program for the improvement of watersheds by the Department of Agriculture, works of improvement for measures of run-off and water-flow retardation and soil-erosion prevention on the watersheds of waterways, for which works of improvement for the benefit of navigation and the control of destructive floodwaters and other provisions have been adopted and authorized to be prosecuted under the direction of the Secretary of the Army and supervision of the Chief of Engineers, are authorized to be prosecuted by the Department of Agriculture under the direction of the Secretary of Agriculture and in accordance with plans approved by him. The Secretary of Agriculture is authorized in his discretion to undertake such emergency measures for run-off retardation and soil-erosion prevention as may be needed to safeguard lives and property from floods and the products of erosion on any watershed whenever fire or any other natural element or force has caused a sudden impairment of that watershed: Provided June 30, 1944 Provided section 701b of this title ( June 28, 1938, ch. 795,  7 52 Stat. 1225 Dec. 22, 1944, ch. 665,  15 58 Stat. 907 July 26, 1947, ch. 343 61 Stat. 501 May 17, 1950, ch. 188 64 Stat. 184  Editorial Notes Amendments 1950Act May 17, 1950 1944Act Dec. 22, 1944 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Savings Provision Authority of Secretary of Agriculture under this section as unaffected by repeal of Secretarys authority under section 701b of this title Aug. 4, 1954 section 701b of this title Section as Unaffected by Submerged Lands Act Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43  701b2. Cooperation by Secretaries of the Army and Agriculture; expenditures  In carrying out the purposes of the Act of June 22, 1936 49 Stat. 1570 ( June 28, 1938, ch. 795,  5 52 Stat. 1223 Aug. 18, 1941, ch. 377,  8 55 Stat. 650 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes  References in Text Act of June 22, 1936 49 Stat. 1570 act June 22, 1936, ch. 688 49 Stat. 1570 June 22, 1936 Amendments 1941Act Aug. 18, 1941 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Executive Documents  Transfer of Functions Functions of all officers, agencies and employees of Department of Agriculture transferred, with certain exceptions, to Secretary of Agriculture by Reorg. Plan No. 2 of 1953,  1, eff. June 4, 1953 67 Stat. 633  701b3. Examinations and surveys; availability of appropriations  Funds heretofore or hereafter appropriated for construction and maintenance of flood-control works by the Department of the Army shall be available for expenditure by the Department of the Army in making examinations and surveys for flood control heretofore or hereafter authorized, or in preparing reports in review thereof as authorized by law, in addition to funds heretofore authorized to be expended for such purposes by the Department of the Army. ( Aug. 11, 1939, ch. 699,  2 53 Stat. 1414 July 26, 1947, ch. 343 61 Stat. 501  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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  701b4. Administration of surveys; number authorized; reports  The surveys authorized to be performed under the direction of the Secretary of the Army as well as all duties performed by the Chief of Engineers under the direction of the Secretary of the Army shall be functions of the Engineer Corps, United States Army, and its head, to be administered under the direction of the Secretary of the Army and the supervision of the Chief of Engineers except as otherwise specifically provided by Congress: Provided June 28, 1938 Provided Provided further ( Aug. 11, 1939, ch. 699,  6 53 Stat. 1415 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes  References in Text The Flood Control Act of June 28, 1938 act June 28, 1938, ch. 795 52 Stat. 1215 This Act, referred to in text, is act Aug. 11, 1939, ch. 699 53 Stat. 1414 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  Transfer of Functions The Federal Power Commission was terminated, and its functions, personnel, property, funds, etc., were transferred to the Secretary of Energy (except for certain functions which were transferred to the Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The Public Health and Welfare. Executive Documents  Transfer of Functions For transfer of functions of Federal Power Commission, with certain reservations, to chairman of such Commission, see Reorg. Plan No. 9 of 1950,  1, 2, eff. May 24, 1950 64 Stat. 1265  701b5. Omitted  Editorial Notes Codification Section, act Mar. 31, 1945, ch. 45,  1 59 Stat. 41  701b6. Examinations and surveys by Secretary of Agriculture  That, in order to further the declaration of policy and principles declared in sections 701a and 701b of this title, and to supplement the preliminary examinations and surveys which the Secretary of the Army has heretofore been, or is hereafter, authorized and directed to make of waterways with a view to the control of their floods, the Secretary of Agriculture be, and he is, authorized and directed to cause preliminary examinations and surveys to be made for run-off and water-flow retardation and soil-erosion prevention on the watersheds of said waterways, the costs thereof to be paid from appropriations heretofore or hereafter made for such purposes. ( Aug. 28, 1937, ch. 877,  3 50 Stat. 877 Jan. 19, 1948, ch. 2,  1 62 Stat. 4 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Amendments 1948Act Jan. 19, 1948 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  701b7. Supplemental reports to Senate Environment and Public Works Committee and House Public Works Committee  After the Secretary of Agriculture has submitted to Congress a regular or formal report made on any examination or survey, pursuant to the Flood Control Act approved June 22, 1936 ( Jan. 19, 1948, ch. 2,  2 62 Stat. 4 Pub. L. 103437,  12(d) Nov. 2, 1994 108 Stat. 4590  Editorial Notes  References in Text The Flood Control Act approved June 22, 1936 act June 22, 1936, ch. 688 49 Stat. 1570 Amendments 1994 Pub. L. 103437 Statutory Notes and Related Subsidiaries  Change of Name Committee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 10414 section 21 of Title 2  701b8. Submission of report by Chief of Engineers  It is declared to be the policy of the Congress that the following provisions shall be observed: No project or any modification not authorized, of a project for flood control or rivers and harbors, shall be authorized by the Congress unless a report for such project or modification has been previously submitted by the Chief of Engineers, United States Army, in conformity with existing law. ( Sept. 3, 1954, ch. 1264 68 Stat. 1256  Editorial Notes Codification Section comprises last two paragraphs of section 202 of act Sept. 3, 1954 section 7011 of this title Prior Provisions Provisions similar to those in this section were contained in the following prior acts: May 17, 1950, ch. 188 64 Stat. 170 June 30, 1948, ch. 771 62 Stat. 1175 July 24, 1946, ch. 596,  2 60 Stat. 641  701b8a. Discontinuance of preliminary examination reports  For preliminary examinations and surveys authorized in previous river and harbor and flood control Acts, the Secretary of the Army is directed to cause investigations and reports for flood control and allied purposes, to be prepared under the supervision of the Chief of Engineers in the form of survey reports, and that preliminary examination reports shall no longer be required to be prepared. ( Pub. L. 85500, title II,  208 July 3, 1958 72 Stat. 319  Editorial Notes  References in Text Previous river and harbor and flood-control Acts, referred to in text, means those acts prior to the River and Harbor Act of 1958 and the Flood Control Act of 1958, titles I and II of Pub. L. 85500  701b9. Availability of appropriations for expenses incident to operation of power boats or vessels; expenses defined; certification of expenditures  On and after July 31, 1947 Provided ( July 31, 1947, ch. 411,  1 61 Stat. 688  Editorial Notes Codification Section is also set out as section 575 of this title Section was formerly classified to sections 190a and 199 of Title 10 prior to the general revision and enactment of Title 10, Armed Forces, by act Aug. 10, 1956, ch. 1041 70A Stat. 1  701b10. Omitted  Editorial Notes Codification Section, act July 27, 1953, ch. 245,  101 67 Stat. 199 Pub. L. 114322, title I,  1160 Dec. 16, 2016 130 Stat. 1667 Section is set out as section 576 of this title  701b11. Flood protection projects (a) General considerations; nonstructural alternatives In the survey, planning, or design by any Federal agency of any project involving flood protection, consideration shall be given to nonstructural alternatives to prevent or reduce flood damages, with a view toward formulating the most economically, socially, and environmentally acceptable means of reducing or preventing flood damage, including (1) floodproofing of structures, including through elevation; (2) floodplain regulation; (3) acquisition of floodplain land for recreational, fish and wildlife, and other public purposes; (4) relocation; and (5) the use of a feature described in section 2289a(a) of this title (b) Non-Federal participation through nonstructural alternatives; limitation Where a nonstructural alternative is recommended, non-Federal participation shall be comparable to the value of lands, easements, and rights-of-way which would have been required of non-Federal interests under section 701c of this title ( Pub. L. 93251, title I,  73 Mar. 7, 1974 88 Stat. 32 Pub. L. 116260, div. AA, title I,  115(a) Dec. 27, 2020 134 Stat. 2627  Editorial Notes Amendments 2020Subsec. (a). Pub. L. 116260 Statutory Notes and Related Subsidiaries Nonstructural Flood Control Policy Pub. L. 104303, title II,  202(d) Oct. 12, 1996 110 Stat. 3675  (1)  Review The Secretary shall conduct a review of policies, procedures, and techniques relating to the evaluation and development of flood control measures with a view toward identifying impediments that may exist to justifying nonstructural flood control measures as alternatives to structural measures. (2)  Report Not later than 1 year after the date of the enactment of this Act [ Oct. 12, 1996  701b12. Floodplain management requirements (a) Compliance with floodplain management and insurance programs Before construction of any project for local flood protection, or any project for hurricane or storm damage reduction, that involves Federal assistance from the Secretary, the non-Federal interest shall agree to participate in and comply with applicable Federal floodplain management and flood insurance programs. (b) Floodplain management plans Within 1 year after the date of signing a project cooperation agreement for construction of a project to which subsection (a) applies, the non-Federal interest shall prepare a floodplain management plan designed to reduce the impacts of future flood events in the project area. Such plan shall be implemented by the non-Federal interest not later than 1 year after completion of construction of the project. (c) Guidelines (1) In general The Secretary shall develop guidelines for preparation of floodplain management plans by non-Federal interests under subsection (b). (2) Required elements The guidelines developed under paragraph (1) shall (A) address potential measures, practices, and policies to be undertaken by non-Federal interests to to 1 1 (B) address those measures to be undertaken by non-Federal interests to preserve the level of flood protection provided by a project to which subsection (a) applies. (3) Limitation on statutory construction Nothing in this subsection shall be construed to confer any regulatory authority upon the Secretary or the Administrator of the Federal Emergency Management Agency. (d) Technical support The Secretary may provide technical support to a non-Federal interest for a project to which subsection (a) applies for the development and implementation of plans prepared under subsection (b). ( Pub. L. 99662, title IV,  402 Nov. 17, 1986 100 Stat. 4133 Pub. L. 100676,  14 Nov. 17, 1988 102 Stat. 4026 Pub. L. 104303, title II,  202(c)(1) Oct. 12, 1996 110 Stat. 3674 Pub. L. 106541, title II,  209(a) Dec. 11, 2000 114 Stat. 2591 Pub. L. 109295, title VI,  612(c) Oct. 4, 2006 120 Stat. 1410  Editorial Notes Amendments 2000Subsec. (b). Pub. L. 106541,  209(c) Subsec. (c). Pub. L. 106541,  209(a) October 12, 1996 1996 Pub. L. 104303 1988 Pub. L. 100676 Statutory Notes and Related Subsidiaries  Change of Name Administrator of the Federal Emergency Management Agency substituted for Director of the Federal Emergency Management Agency in subsec. (c)(3) on authority of section 612(c) of Pub. L. 109295 section 313 of Title 6 Pub. L. 109295 Mar. 31, 2007 section 612(f)(2) of Pub. L. 109295 section 313 of Title 6 Effective Date of 2000 Amendment Pub. L. 106541, title II,  209(b) Dec. 11, 2000 114 Stat. 2591 The amendments made by subsection (a) [amending this section] shall apply to any project or separable element of a project with respect to which the Secretary [of the Army] and the non-Federal interest have not entered a project cooperation agreement on or before the date of enactment of this Act [ Dec. 11, 2000 Effective Date of 1996 Amendment Pub. L. 104303, title II,  202(c)(2) Oct. 12, 1996 110 Stat. 3675 The amendment made by paragraph (1) [amending this section] shall apply to any project or separable element thereof with respect to which the Secretary and the non-Federal interest have not entered into a project cooperation agreement on or before the date of the enactment of this Act [ Oct. 12, 1996  Reference to Project Cooperation Agreement Deemed Reference to Project Partnership Agreement Reference to project cooperation agreement deemed to be reference to project partnership agreement, see section 2003(f)(2) of Pub. L. 110114 section 1962d5b of Title 42  701b13. Repealed. Pub. L. 113121, title I,  1014(c)(3) June 10, 2014 128 Stat. 1222   Section, Pub. L. 104303, title II,  211 Oct. 12, 1996 110 Stat. 3681 Pub. L. 10653, title II,  223 Aug. 17, 1999 113 Stat. 296 Pub. L. 10660, title VI,  606 Sept. 29, 1999 113 Stat. 501 Pub. L. 110114, title V,  5157 Nov. 8, 2007 121 Stat. 1257  701b14. Structural integrity evaluations (a) In general Upon request of a non-Federal interest, the Secretary shall evaluate the structural integrity and effectiveness of a project for flood damage reduction and, if the Secretary determines that the project does not meet such minimum standards as the Secretary may establish and absent action by the Secretary the project will fail, the Secretary may take such action as may be necessary to restore the integrity and effectiveness of the project. (b) Priority The Secretary shall carry out an evaluation and take such actions as may be necessary under subsection (a) for the project for flood damage reduction, Arkansas River Levees, Arkansas. ( Pub. L. 110114, title V,  5004 Nov. 8, 2007 121 Stat. 1191  Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 110114 section 2201 of this title  701b15. Non-Federal plans to provide additional flood risk reduction (a) In general If requested by a non-Federal interest, the Secretary shall carry out a locally preferred plan that provides a higher level of protection than a flood risk management project authorized under this Act if the Secretary determines that (1) the plan is technically feasible and environmentally acceptable; and (2) the benefits of the plan exceed the costs of the plan. (b) Non-Federal cost share If the Secretary carries out a locally preferred plan under subsection (a), the Federal share of the cost of the project shall be not greater than the share as provided by law for elements of the national economic development plan. ( Pub. L. 113121, title I,  1036 June 10, 2014 128 Stat. 1234  Editorial Notes  References in Text This Act, referred to in subsec. (a), is Pub. L. 113121 June 10, 2014 128 Stat. 1193 section 2201 of this title Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121 section 2201 of this title  701b16. Management of flood risk reduction projects (a) In general If 2 or more flood control projects are located within the same geographic area, the Secretary shall, at the request of the non-Federal interests for the affected projects, consider those projects as a single program for budgetary or project management purposes, if the Secretary determines that doing so would not be incompatible with the authorized project purposes. (b) Cost share (1) In general If any work on a project to which subsection (a) applies is required solely because of impacts to that project from a navigation project, the cost of carrying out that work shall be shared in accordance with the cost-sharing requirements for the navigation project. (2) Use of amounts Work described in paragraph (1) may be carried out using amounts made available under subsection (a). ( Pub. L. 113121, title III,  3012 June 10, 2014 128 Stat. 1284  Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121 section 2201 of this title  701b17. Corps of Engineers Western Water Cooperative Committee (a) Establishment (1) In general Not later than 90 days after December 23, 2022 (2) Purpose The purpose of the Cooperative Committee is to ensure that Corps of Engineers flood control projects in Western States are operated consistent with congressional directives by identifying opportunities to avoid or minimize conflicts between the operation of Corps of Engineers projects and water rights and water laws in such States. (3) Membership The Cooperative Committee shall be composed of (A) the Assistant Secretary of the Army for Civil Works (or a designee); (B) the Chief of Engineers (or a designee); (C) 1 representative from each of the Western States, who may serve on the Western States Water Council, to be appointed by the Governor of each State; (D) 1 representative with legal experience from each of the Western States, to be appointed by the attorney general of each State; and (E) 1 employee from each of the impacted regional offices of the Bureau of Indian Affairs. (4) Meetings (A) In general The Cooperative Committee shall meet not less than once each year in one of the Western States. (B) Available to public Each meeting of the Cooperative Committee shall be open and accessible to the public. (C) Notification The Cooperative Committee shall publish in the Federal Register adequate advance notice of a meeting of the Cooperative Committee. (5) Duties (A) In general The Cooperative Committee shall develop and make recommendations to avoid or minimize conflicts between the operation of Corps of Engineers projects and the water rights and water laws of Western States. (B) Limitation In carrying out subparagraph (A), the Cooperative Committee shall (i) make recommendations that only apply to Western States; and (ii) ensure that any recommended changes or modifications to policy or regulations for Corps of Engineers projects would not adversely affect water resources within the State of Missouri. (6) Status updates (A) In general On an annual basis, the Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written report that includes (i) a summary of the contents of meetings of the Cooperative Committee; (ii) any legislative proposal from a Western State proposed to the Cooperative Committee; and (iii) a description of any recommendations made by the Cooperative Committee under paragraph (5), including actions taken by the Secretary in response to such recommendations. (B) Comment (i) In general Not later than 45 days following the conclusion of a meeting of the Cooperative Committee, the Secretary shall provide to members of the Cooperative Committee an opportunity to comment on the contents of the meeting and any recommendations made under paragraph (5). (ii) Inclusion Comments provided under clause (i) shall be included in the report provided under subparagraph (A). (7) Compensation (A) In general Except as provided in subparagraph (B), the members of the Cooperative Committee shall serve without compensation. (B) Travel expenses The members of the Cooperative Committee shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5. (8) Maintenance of records The Cooperative Committee shall maintain records pertaining to operating costs and records of the Cooperative Committee for a period of not less than 3 years. (9) Savings provisions (A) No additional authority Nothing in this section provides authority to the Cooperative Committee to affect any Federal or State water law or interstate compact governing water. (B) Other States Nothing in this section may be interpreted, by negative implication or otherwise, as suggesting that States not represented on the Cooperative Committee have lesser interest or authority, in relation to Western States, in managing the water within their borders or in vindicating State water rights and water laws. (b) Definition of Western States In this section, the term Western States means the States of Alaska, Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming. ( Pub. L. 117263, div. H, title LXXXI,  8158 Dec. 23, 2022 136 Stat. 3738  Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 8002 of Pub. L. 117263 section 2201 of this title  701c. Rights-of-way, easements, etc.; acquisition by local authorities; maintenance and operation; protection of United States from liability for damages; requisites to run-off and water-flow retardation and soil erosion prevention assistance After June 22, 1936 section 701f of this title Provided And provided further And provided further And provided further And provided further And provided further (d) As a condition to the extending of any benefits, in prosecuting measures for run-off and water-flow retardation and soil erosion prevention authorized by Act of Congress pursuant to the policy declared in section 701a of this title (1) The enactment and reasonable safeguards for the enforcement of State and local laws imposing suitable permanent restrictions on the use of such lands and otherwise providing for run-off and waterflow retardation and soil-erosion prevention; (2) Agreements or covenants as to the permanent use of such lands; and (3) Contributions in money, services, materials, or otherwise to any operations conferring such benefits. ( June 22, 1936, ch. 688,  3 49 Stat. 1571 Aug. 28, 1937, ch. 877,  4 50 Stat. 877 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes  References in Text Herein, referred to in text, means act June 22, 1936, ch. 688 49 Stat. 1570 June 22, 1936 June 22, 1936 Amendments 1937Act Aug. 28, 1937 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Applicability of Section to Flood Control Works Authorized by Flood Control Acts Pub. L. 90483, title II,  201 Aug. 13, 1968 82 Stat. 739 Section 3 of the Act approved June 22, 1936 June 28, 1938 section 701c1 of this title June 22, 1936 Pub. L. 90483 Similar provisions were contained in the following prior acts: Nov. 7, 1966 Pub. L. 89789, title II,  201 80 Stat. 1418 Oct. 27, 1965 Pub. L. 89298, title II,  202 79 Stat. 1074 Sept. 3, 1954, ch. 1264 68 Stat. 1256 May 17, 1950, ch. 188 64 Stat. 170 June 30, 1948, ch. 771 62 Stat. 1175 July 24, 1946, ch. 596,  2 60 Stat. 641 Dec. 22, 1944, ch. 665,  3 58 Stat. 889 Application of Section Act June 28, 1938, ch. 795,  2 52 Stat. 1215 section 701c1 of this title Muskingum River Valley Provisions of act June 28, 1938, ch. 795,  2 52 Stat. 1215 act Aug. 11, 1939, ch. 699 53 Stat. 1414  701c1. Acquirement of titles for certain projects and to lands, easements, rights-of-way; reimbursement of local agencies  In case of any dam and reservoir project, or channel improvement or channel rectification project for flood control, herein authorized or heretofore authorized by the Act of June 22, 1936 section 701c of this title Provided Provided further Provided further ( June 28, 1938, ch. 795,  2 52 Stat. 1215 Aug. 11, 1939, ch. 699,  5 53 Stat. 1415 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes  References in Text Herein, referred to in text, means act June 28, 1938, ch. 795 75 Stat. 1215 June 28, 1938 Act of June 22, 1936 act June 22, 1936, ch. 688 49 Stat. 1570 June 22, 1936 Codification Section comprises last paragraph of section 2 of act June 28, 1938 section 701c of this title Amendments 1939Act Aug. 11, 1939 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  701c2. Acquisition and sale of land  The provisions of sections 593 to 595 of this title relating to river and harbor improvements are made applicable to works of flood control heretofore or hereafter authorized. ( Aug. 18, 1941, ch. 377,  6 55 Stat. 650 Oct. 31, 1951, ch. 654,  3(6) 65 Stat. 708  Editorial Notes Amendments 1951Act Oct. 31, 1951  701c3. Lease receipts; payment of portion to States  75 per centum of all moneys received and deposited in the Treasury of the United States during any fiscal year on account of the leasing of lands acquired by the United States for flood control, navigation, and allied purposes, including the development of hydroelectric power, shall be paid at the end of such year by the Secretary of the Treasury to the State in which such property is situated, to be expended as the State legislature may prescribe for the benefit of public schools and public roads of the county, or counties, in which such property is situated, or for defraying any of the expenses of county government in such county or counties, including public obligations of levee and drainage districts for flood control and drainage improvements: Provided 30 U.S.C. 351 ( Aug. 18, 1941, ch. 377,  7 55 Stat. 650 July 24, 1946, ch. 596,  5 60 Stat. 642 June 16, 1953, ch. 114 67 Stat. 61 Sept. 3, 1954, ch. 1264 68 Stat. 1266 Pub. L. 102486, title XXV,  2506(c) Oct. 24, 1992 106 Stat. 3107  Editorial Notes  References in Text The Mineral Leasing Act for Acquired Lands, referred to in text, is act Aug. 7, 1947, ch. 513 61 Stat. 913 section 351 of Title 30 Amendments 1992 Pub. L. 102486 1954Act Sept. 3, 1954 1953Act June 16, 1953 1946Act July 24, 1946  701d. Compacts between States; consent of Congress  The consent of Congress is given to any two or more States to enter into compacts or agreements in connection with any project or operation authorized by this Act for flood control or the prevention of damage to life or property by reason of floods upon any stream or streams and their tributaries which lie in two or more such States, for the purpose of providing, in such manner and such proportion as may be agreed upon by such States and approved by the Secretary of the Army, funds for construction and maintenance, for the payment of damages, and for the purchase of rights-of-way, lands, and easements in connection with such project or operation. No such compact or agreement shall become effective without the further consent or ratification of Congress, except a compact or agreement which provides that all money to be expended pursuant thereto and all work to be performed thereunder shall be expended and performed by the Department of the Army, with the exception of such reasonable sums as may be reserved by the States entering into the compact or agreement for the purpose of collecting taxes and maintaining the necessary State organizations for carrying out the compact or agreement. ( June 22, 1936, ch. 688,  4 49 Stat. 1571 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes  References in Text This Act, referred to in text, is act June 22, 1936, ch. 688 49 Stat. 1570 June 22, 1936 June 22, 1936 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  701e. Effect of act June 22, 1936  Nothing in this Act shall be construed as repealing or amending any provision of sections 702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702 l 1 1 ( June 22, 1936, ch. 688,  8 49 Stat. 1596  Editorial Notes  References in Text This Act, referred to in text, is act June 22, 1936, ch. 688 49 Stat. 1570 June 22, 1936  701f. Authorization of appropriations  The sum of $310,000,000 is authorized to be appropriated for carrying out the improvements herein and the sum of $10,000,000 is authorized to be appropriated and expended in equal amounts by the Departments of the Army and Agriculture for carrying out any examinations and surveys provided for in this Act and other Acts of Congress. ( June 22, 1936, ch. 688,  9 49 Stat. 1596 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes  References in Text Herein, and this Act, referred to in text, means act June 22, 1936, ch. 688 49 Stat. 1570 June 22, 1936 June 22, 1936 Codification The first proviso, relating to a limitation upon the amount of expenditure during the fiscal year 1937, was deleted as executed and obsolete. The second proviso, relating to payment from funds available to the Works Progress Administration, was also omitted as executed and obsolete. The Works Progress Administration was renamed the Work Projects Administration by Reorg. Plan No. 1 of 1939,  306, eff. July 1, 1939 53 Stat. 1423 December 4, 1942 act July 12, 1943, ch. 229, title I 57 Stat. 540 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Adoption of Improvements Works of improvement adopted and authorized to be prosecuted are listed in section 5 of act June 22, 1936, ch. 688 49 Stat. 1596 Aug. 28, 1937, ch. 877,  1 50 Stat. 876 June 28, 1938, ch. 795,  4 52 Stat. 1216 Aug. 11, 1939, ch. 699,  4 53 Stat. 1414 Aug. 18, 1941, ch. 377,  3 55 Stat. 639 Dec. 22, 1944, ch. 665,  10 58 Stat. 891 July 24, 1946, ch. 596,  10 60 Stat. 643 Authorization of Examinations and Surveys Localities at which preliminary examinations and surveys are authorized to be made are listed in acts June 22, 1936, ch. 688,  6 49 Stat. 1592 Aug. 28, 1937, ch. 877,  5 50 Stat. 877 June 28, 1938, ch. 795,  6 52 Stat. 1223 Aug. 11, 1939, ch. 699,  6 53 Stat. 1415 Aug. 18, 1941, ch. 377,  4 55 Stat. 648 Dec. 22, 1944, ch. 665,  11 58 Stat. 903 July 24, 1946, ch. 596,  11 60 Stat. 651 Continuance of Examinations and Surveys Localities at which the continuance of examinations and surveys already undertaken is authorized are listed in act June 22, 1936, ch. 688,  7 49 Stat. 1596  701f1. Additional authorization  The sum of $375,000,000 is hereby authorized to be appropriated for carrying out the improvements herein over the five-year period ending June 30, 1944 ( June 28, 1938, ch. 795,  9 52 Stat. 1226 July 26, 1947, ch. 343 61 Stat. 501 Pub. L. 9591, title III,  301(b) Aug. 4, 1977 91 Stat. 578  Editorial Notes  References in Text Herein and this Act, referred to in text, mean act June 28, 1938, ch. 795 52 Stat. 1215 June 28, 1938 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  Transfer of Functions Secretary of Energy substituted in text for Federal Power Commission on authority of Pub. L. 9591, title III,  301(b) Aug. 4, 1977 91 Stat. 577 section 7151(b) of Title 42 Additional Authorization Sections 15 and 17 of act July 24, 1946, ch. 596 60 Stat. 653  Sec. 15. That the sum of $772,000,000 is hereby authorized to be appropriated for carrying out improvements by the War Department [now Department of the Army], the sum of $10,000,000 additional is authorized to be appropriated and expended in equal amounts by the Departments of War [now Army] and Agriculture for carrying out any examination or survey provided for in this Act and any other Acts of Congress to be prosecuted by said Departments. Sec. 17. That the $5,000,000 authorized to be appropriated in section 10 of the Flood Control Act approved August 18, 1941 December 22, 1944 act Dec. 22, 1944, ch. 665 58 Stat. 887 Act Aug. 18, 1941, ch. 377,  10 55 Stat. 651 That the sum of $275,000,000 is hereby authorized to be appropriated for carrying out the improvements herein, the sum of $10,000,000 additional is authorized to be appropriated and expended in equal amounts by the Departments of War [now Army] and Agriculture for carrying out any examinations and surveys provided for in this Act and any other Acts of Congress to be prosecuted by said departments. There is also hereby authorized to be appropriated for expenditure by the Department of Agriculture in carrying on works of improvement of the character specified in section 7 of the Flood Control Act of June 28, 1938 section 701b1 of this title Executive Documents  Transfer of Functions, Federal Power Commission For transfer of functions of the Federal Power Commission, with certain reservations, to chairman of such Commission, see Reorg. Plan No. 9 of 1950,  1, 2, eff. May 24, 1950 64 Stat. 1265  701f2. Funds for specific and authorized projects merged with and accounted for under regular annual appropriation  Funds on and after May 17, 1950 ( May 17, 1950, ch. 188 64 Stat. 182  701f3. Expenditure in watersheds of funds appropriated for flood prevention purposes  On and after May 23, 1955 December 22, 1944 ( May 23, 1955, ch. 43 69 Stat. 54 Pub. L. 91566, title I,  101 Dec. 22, 1970 84 Stat. 1484  Editorial Notes  References in Text Section 13 of the Flood Control Act of December 22, 1944 act Dec. 22, 1944, ch. 665 58 Stat. 905 Amendments 1970 Pub. L. 91566  701g. Removal of obstructions; clearing channels  The Secretary of the Army is authorized to allot not to exceed $7,500,000 from any appropriations heretofore or hereafter made for any one fiscal year for flood control, for removing accumulated snags and other debris, and clearing and straightening the channel in navigable streams and tributaries thereof, when in the opinion of the Chief of Engineers such work is advisable in the interest of flood control: Provided ( Aug. 28, 1937, ch. 877,  2 50 Stat. 877 Aug. 11, 1939, ch. 699,  1 53 Stat. 1414 Aug. 18, 1941, ch. 377,  9 55 Stat. 650 July 24, 1946, ch. 596,  13 60 Stat. 652 July 26, 1947, ch. 343 61 Stat. 501 Sept. 3, 1954, ch. 1264 68 Stat. 1266 Pub. L. 93251, title I,  26 Mar. 7, 1974 88 Stat. 20 Pub. L. 99662, title IX,  915(b) Nov. 17, 1986 100 Stat. 4191  Editorial Notes Amendments 1986 Pub. L. 99662 1974 Pub. L. 93251 1954Act Sept. 3, 1954 1946Act July 24, 1946 1941Act Aug. 18, 1941 1939Act Aug. 11, 1939 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Effective Date of 1986 Amendment Amendment by Pub. L. 99662 Nov. 17, 1986 section 915(i) of Pub. L. 99662 section 426g of this title  701h. Contributions by States, political subdivisions, and other non-Federal interests  The Secretary of the Army is authorized to receive from States and political subdivisions thereof and other non-Federal interests, such funds as may be contributed by them for work, which includes planning and design, to be expended in connection with funds appropriated by the United States for any authorized water resources development study or project, including a project for navigation on the inland waterways, whenever such work and expenditure may be considered by the Secretary of the Army, on recommendation of the Chief of Engineers, as advantageous in the public interest, and the plans for any reservoir project may, in the discretion of the Secretary of the Army, on recommendation of the Chief of Engineers, be modified to provide additional storage capacity for domestic water supply or other conservation storage, on condition that the cost of such increased storage capacity is contributed by local agencies and that the local agencies agree to utilize such additional storage capacity in a manner consistent with Federal uses and purposes: Provided Provided further section 709 of this title Provided further Provided further Provided further section 1962d5b of title 42 ( June 22, 1936, ch. 688,  5 49 Stat. 1572 July 19, 1937, ch. 511,  1 50 Stat. 518 July 26, 1947, ch. 343 61 Stat. 501 Pub. L. 10653, title II,  203 Aug. 17, 1999 113 Stat. 285 Pub. L. 11274, div. B, title I,  111(a) Dec. 23, 2011 125 Stat. 858 Pub. L. 113121, title I,  1015(a) June 10, 2014 128 Stat. 1222 Pub. L. 115270, title I,  1169 Oct. 23, 2018 132 Stat. 3798  Editorial Notes Codification When originally enacted, section 5 of act June 22, 1936 July 19, 1937 June 22, 1936 June 22, 1936 Amendments 2018 Pub. L. 115270 Provided further section 709 of this title 2014 Pub. L. 113121,  1015(a)(4) Provided further section 1962d5b of title 42 Pub. L. 113121,  1015(a)(3) Provided Provided further Provided Pub. L. 113121,  1015(a)(1) 2011 Pub. L. 11274 Provided further 1999 Pub. L. 10653 1937Act July 19, 1937 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Notification for Contributed Funds Pub. L. 113121, title I,  1015(b) June 10, 2014 128 Stat. 1223 Prior to accepting funds contributed under section 5 of the Act of June 22, 1936 33 U.S.C. 701h  701h1. Contributions by States and political subdivisions for immediate use on authorized flood-control work; repayment  Whenever any State or political subdivision thereof shall offer to advance funds for a federally authorized water resources development project, the Secretary of the Army may in his discretion, receive such funds and expend the same in the immediate prosecution of such project. The Secretary of the Army is authorized and directed to repay without interest, if appropriations are provided by Congress for such purpose, the moneys so contributed and expended: Provided, however section 701h of this title section 5304(e) of title 25 ( Oct. 15, 1940, ch. 884 54 Stat. 1176 July 26, 1947, ch. 343 61 Stat. 501 Pub. L. 115270, title I,  1166(a) Oct. 23, 2018 132 Stat. 3797  Editorial Notes Amendments 2018 Pub. L. 115270 section 5304(e) of title 25 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  701h2. No adverse effect on processes In implementing any provision of law that authorizes a non-Federal interest to provide, advance, or contribute funds to the Secretary for the development or implementation of a water resources development project (including sections 2231 and 2232 of this title, section 701h of this title section 701h1 of this title (1) the process or timeline for development and implementation of other water resources development projects by other non-Federal entities that do not use such authorities; or (2) the process for including such projects in the Presidents annual budget submission to Congress under section 1105(a) of title 31 ( Pub. L. 115270, title I,  1166(b) Oct. 23, 2018 132 Stat. 3797  Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 102 of Pub. L. 115270 section 2201 of this title  701h3. State contribution of funds for certain operation and maintenance costs  In carrying out eligible operations and maintenance activities within the Great Lakes Navigation System pursuant to section 2238 of this title section 701h of this title ( Pub. L. 116260, div. AA, title I,  107 Dec. 27, 2020 134 Stat. 2623  Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of div. AA of Pub. L. 116260 section 2201 of this title  701h4. Acceptance of funds for harbor dredging The Secretary is authorized, in accordance with section 701h of this title (1) to dredge a non-Federal harbor or channel, or a marina or berthing area located adjacent to, or accessible by, such harbor or channel; or (2) to provide technical assistance related to the planning and design of dredging activities described in paragraph (1). ( Pub. L. 116260, div. AA, title I,  144 Dec. 27, 2020 134 Stat. 2653  Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of div. AA of Pub. L. 116260 section 2201 of this title  701i. Elimination from protection of areas subject to evacuation  In any case where the construction cost of levees or flood walls included in any authorized project can be substantially reduced by the evacuation of a portion or all of the area proposed to be protected and by the elimination of that portion or all of the area from the protection to be afforded by the project, the Chief of Engineers may modify the plan of said project so as to eliminate said portion or all of the area: Provided And provided further ( June 28, 1938, ch. 795,  3 52 Stat. 1216  701j. Installation in dams of facilities for future development of hydroelectric power  Penstocks or other similar facilities adapted to possible future use in the development of hydroelectric power shall be installed in any dam herein authorized when approved by the Secretary of the Army upon the recommendation of the Chief of Engineers and of the Secretary of Energy. ( June 28, 1938, ch. 795,  4 52 Stat. 1216 July 26, 1947, ch. 343 61 Stat. 501 Pub. L. 9591, title III,  301(b) Aug. 4, 1977 91 Stat. 578  Editorial Notes  References in Text Herein, referred to in text, means act June 28, 1938, ch. 795 52 Stat. 1215 June 28, 1938 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  Transfer of Functions Secretary of Energy substituted in text for Federal Power Commission on authority of Pub. L. 9591, title III,  301(b) section 7151(b) of Title 42 Similar Provisions Similar provisions with reference to dams authorized in such acts were contained in acts Aug. 18, 1941, ch. 377,  3 55 Stat. 639 Dec. 22, 1944, ch. 665,  10 58 Stat. 891 July 24, 1946, ch. 596,  10 60 Stat. 643 Executive Documents  Transfer of Functions For transfer of functions of Federal Power Commission, with certain reservations, to chairman of such Commission, see Reorg. Plan No. 9 of 1950,  1, 2, eff. May 24, 1950 64 Stat. 1265  701k. Crediting reimbursements for lost, stolen, or damaged property  Any amounts collected from any person, persons, or corporations as a reimbursement for lost, stolen, or damaged property, purchased in connection with river and harbor or flood control work prosecuted under the direction of the Secretary of the Army and the supervision of the Chief of Engineers, whether collected in cash or by deduction from amounts otherwise due such person, persons, or corporations, on and after June 20, 1938 ( June 20, 1938, ch. 535,  4 52 Stat. 805 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Codification Section is also set out as section 571 of this title 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  701l, 701l1. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 650   Section 701 l act June 20, 1938, ch. 535,  5 52 Stat. 805 section 3323 of Title 5  Section 701 l act May 17, 1950, ch. 188, title II,  214 64 Stat. 184  701m. Insufficient Congressional authorization; preparations for and modification of project  In any case where the total authorization for a project heretofore or hereafter authorized by Congress is not sufficient to complete plans that may have been made the Chief of Engineers is authorized in his discretion to plan and make expenditures on preparations for the project, such as the purchase of lands, easements, and rights-of-way; readjustments of roads, railroads, and other utilities; removal of towns, cemeteries, and dwellings from reservoir sites; and the construction of foundations. The Chief of Engineers is also authorized in his discretion to modify the plan for any dam or other work heretofore or hereafter authorized so that such dam or work will be smaller than originally planned with a view to completing a useful improvement within an authorization: Provided ( Aug. 18, 1941, ch. 377,  2 55 Stat. 638  701n. Emergency response to natural disasters (a) Emergency fund (1) There is authorized an emergency fund to be expended in preparation for emergency response to any natural disaster, in flood fighting and rescue operations, or in the repair or restoration of any flood control work threatened or destroyed by flood, including the strengthening, raising, extending, realigning, or other modification thereof as may be necessary in the discretion of the Chief of Engineers for the adequate functioning of the work for flood control and subject to the condition that the Chief of Engineers may include modifications to the structure or project, or in implementation of nonstructural alternatives to the repair or restoration of such flood control work if requested by the non-Federal sponsor; in the emergency protection of federally authorized hurricane or shore protection being threatened when in the discretion of the Chief of Engineers such protection is warranted to protect against imminent and substantial loss to life and property; in the repair and restoration of any federally authorized hurricane or shore protective structure or project damaged or destroyed by wind, wave, or water action of other than an ordinary nature to the pre-storm level of protection, to the design level of protection, or, notwithstanding the authorized dimensions of the structure or project, to a level sufficient to meet the authorized purpose of such structure or project, whichever provides greater protection, when, in the discretion of the Chief of Engineers, such repair and restoration is warranted for the adequate functioning of the structure or project for hurricane or shore protection, including to ensure the structure or project is functioning adequately to protect against projected changes in wave action or height or storm surge (including changes that result from relative sea level change over the useful life of the structure or project), subject to the condition that the Chief of Engineers may, if requested by the non-Federal sponsor, include modifications to the structure or project (including the addition of new project features) to address major deficiencies, increase resilience, increase benefits from the reduction of damages from inundation, wave action, or erosion, or implement nonstructural alternatives to the repair or restoration of the structure. The emergency fund may also be expended for emergency dredging for restoration of authorized project depths for Federal navigable channels and waterways made necessary by flood, drought, earthquake, or other natural disasters. In any case in which the Chief of Engineers is otherwise performing work under this section in an area for which the Governor of the affected State has requested a determination that an emergency exists or a declaration that a major disaster exists under the Disaster Relief and Emergency Assistance Act [ 42 U.S.C. 5121 Provided (2)  Cost and benefit feasibility assessment. (A)  Consideration of benefits In preparing a cost and benefit feasibility assessment for any emergency project described in paragraph (1), the Chief of Engineers shall consider the benefits to be gained by such project for the protection of (i) residential establishments; (ii) commercial establishments, including the protection of inventory; and (iii) agricultural establishments, including the protection of crops. (B)  Special conditions. (i)  Authority to carry out work The Chief of Engineers may carry out repair or restoration work described in paragraph (1) that does not produce benefits greater than the cost if (I) the non-Federal sponsor agrees to pay, or provide contributions equal to, an amount sufficient to make the remaining costs of the project equal to the estimated value of the benefits of the repair or restoration work; and (II) the Secretary determines that (aa) the damage to the structure was not a result of negligent operation or maintenance; and (bb) repair of the project could benefit another Corps project. (ii)  Treatment of payments and contributions Non-Federal payments or contributions pursuant to clause (i) shall be in addition to any non-Federal payments or contributions required by the Chief of Engineers that are applicable to the remaining costs of the repair or restoration work. (3)  Extended assistance Upon request by a locality receiving assistance under the fourth sentence of paragraph (1), the Secretary shall, subject to the availability of appropriations, enter into an agreement with the locality to provide such assistance beyond the time period otherwise provided for by the Secretary under such sentence. (4)  Nonstructural alternatives defined In this subsection, the term nonstructural alternatives includes efforts to restore or protect natural resources, including streams, rivers, floodplains, wetlands, or coasts, if those efforts will reduce flood risk. (5)  Feasibility study. (A)  Determination Not later than 180 days after receiving, from a non-Federal sponsor of a project to repair or rehabilitate a flood control work described in paragraph (1), a request to initiate a feasibility study to further modify the relevant flood control work to provide for an increased level of protection, the Secretary shall provide to the non-Federal sponsor a written decision on whether the Secretary has the authority under section 549a of this title (B)  Recommendation If the Secretary determines under subparagraph (B) that the Secretary does not have the authority to undertake the requested feasibility study, the Secretary shall include the request for a feasibility study in the annual report submitted under section 2282d of this title (b) Emergency supplies of drinking water; drought; well construction and water transportation (1) The Secretary, upon a written request for assistance under this paragraph made by any farmer, rancher, or political subdivision within a distressed area, and after a determination by the Secretary that (A) as a result of the drought such farmer, rancher, or political subdivision has an inadequate supply of water, (B) an adequate supply of water can be made available to such farmer, rancher, or political subdivision through the construction of a well, and (C) as a result of the drought such well could not be constructed by a private business, the Secretary, subject to paragraph (3) of this subsection, may enter into an agreement with such farmer, rancher, or political subdivision for the construction of such well. (2) The Secretary, upon a written request for assistance under this paragraph made by any farmer, rancher, or political subdivision within a distressed area, and after a determination by the Secretary that as a result of the drought such farmer, rancher, or political subdivision has an inadequate supply of water and water cannot be obtained by such farmer, rancher, or political subdivision, the Secretary may transport water to such farmer, rancher, or political subdivision by methods which include, but are not limited to, small-diameter emergency water lines and tank trucks, until such time as the Secretary determines that an adequate supply of water is available to such farmer, rancher, or political subdivision. (3) (A) Any agreement entered into by the Secretary pursuant to paragraph (1) of this subsection shall require the farmer, rancher, or political subdivision for whom the well is constructed to pay to the United States the reasonable cost of such construction, with interest, over such number of years, not to exceed thirty, as the Secretary deems appropriate. The rate of interest shall be that rate which the Secretary determines would apply if the amount to be repaid was a loan made pursuant to section 636(b)(2) of title 15 (B) The Secretary shall not construct any well pursuant to this subsection unless the farmer, rancher, or political subdivision for whom the well is being constructed has obtained, prior to construction, all necessary State and local permits. (4) The Federal share for the transportation of water pursuant to paragraph (2) of this subsection shall be 100 per centum. (5) For purposes of this subsection (A) the term construction includes construction, reconstruction, or repair; (B) the term distressed area means an area which the Secretary determines due to drought conditions has an inadequate water supply which is causing, or is likely to cause, a substantial threat to the health and welfare of the inhabitants of the area including threat of damage or loss of property; (C) the term political subdivision means a city, town, borough, county, parish, district, association, or other public body created by or pursuant to State law and having jurisdiction over the water supply of such public body; (D) the term reasonable cost means the lesser of (i) the cost to the Secretary of constructing a well pursuant to this subsection exclusive of the cost of transporting equipment used in the construction of wells, or (ii) the cost to a private business of constructing such well; (E) the term Secretary means the Secretary of the Army, acting through the Chief of Engineers; and (F) the term State means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands. (c) Eligibility (1) Levee owners manual Not later than 1 year after October 12, 1996 (2) Compliance (A) In general Notwithstanding the status of compliance of a non-Federal interest with the requirements of a levee owners manual described in paragraph (1), or with any other eligibility requirement established by the Secretary related to the maintenance and upkeep responsibilities of the non-Federal interest, the Secretary shall consider the non-Federal interest to be eligible for repair and rehabilitation assistance under this section if the non-Federal interest (i) enters into a written agreement with the Secretary that identifies any items of deferred or inadequate maintenance and upkeep identified by the Secretary prior to the natural disaster; and (ii) pays, during performance of the repair and rehabilitation work, all costs to address (I) any items of deferred or inadequate maintenance and upkeep identified by the Secretary; and (II) any repair or rehabilitation work necessary to address damage the Secretary attributes to such deferred or inadequate maintenance or upkeep. (B) Eligibility The Secretary may only enter into one agreement under subparagraph (A) with any non-Federal interest. (C) Sunset The authority of the Secretary to enter into agreements under paragraph (2) shall terminate on the date that is 5 years after December 27, 2020 (3) Authorization of appropriations There is authorized to be appropriated $1,000,000 to carry out paragraph (1). (4) Definitions In this subsection, the following definitions apply: (A) Maintenance and upkeep The term maintenance and upkeep means all maintenance and general upkeep of a levee performed on a regular and consistent basis that is not repair and rehabilitation. (B) Repair and rehabilitation The term repair and rehabilitation (i) means the repair or rebuilding of a levee or other flood control structure, after the structure has been damaged by a flood, to the level of protection provided by the structure before the flood; but (ii) does not include (I) any improvement to the structure; or (II) repair or rebuilding described in clause (i) if, in the normal course of usage, the structure becomes structurally unsound and is no longer fit to provide the level of protection for which the structure was designed. (d) Increased level of protection In conducting repair or restoration work under subsection (a), at the request of the non-Federal sponsor, the Chief of Engineers may increase the level of protection above the level to which the system was designed, or, if the repair or restoration includes repair or restoration of a pumping station, increase the capacity of a pump, if (1) the Chief of Engineers determines the improvements are in the public interest, including consideration of whether (A) the authority under this section has been used more than once at the same location; (B) there is an opportunity to decrease significantly the risk of loss of life and property damage; or (C) there is an opportunity to decrease total life cycle rehabilitation costs for the project; and (2) the non-Federal sponsor agrees to pay the difference between the cost of repair or restoration to the original design level or original capacity and the cost of achieving the higher level of protection or capacity sought by the non-Federal sponsor. (e) Notice The Secretary shall notify and consult with the non-Federal sponsor regarding the opportunity to request implementation of nonstructural alternatives to the repair or restoration of a flood control work under subsection (a). ( Aug. 18, 1941, ch. 377,  5 55 Stat. 650 July 24, 1946, ch. 596,  12 60 Stat. 652 July 26, 1947, ch. 343 61 Stat. 501 June 30, 1948, ch. 771 62 Stat. 1182 May 17, 1950, ch. 188 64 Stat. 183 June 28, 1955, ch. 194 69 Stat. 186 Pub. L. 87874, title II,  206 Oct. 23, 1962 76 Stat. 1194 Pub. L. 93251, title I,  82 Mar. 7, 1974 88 Stat. 34 Pub. L. 9551,  2 June 20, 1977 91 Stat. 233 Pub. L. 99662, title IX,  917 Nov. 17, 1986 100 Stat. 4192 Pub. L. 10045,  9 May 27, 1987 101 Stat. 323 Pub. L. 100707, title I,  109(m) Nov. 23, 1988 102 Stat. 4709 Pub. L. 101640, title III,  302 Nov. 28, 1990 104 Stat. 4633 Pub. L. 104303, title II,  202(e) Oct. 12, 1996 110 Stat. 3675 Pub. L. 113121, title III,  3029(a) June 10, 2014 128 Stat. 1305 Pub. L. 114322, title I,  1176 Dec. 16, 2016 130 Stat. 1673 Pub. L. 115270, title I Oct. 23, 2018 132 Stat. 3795 Pub. L. 116260, div. AA, title I,  120 Dec. 27, 2020 134 Stat. 2633 Pub. L. 117263, div. H, title LXXXI,  8102(a) Dec. 23, 2022 136 Stat. 3695  Editorial Notes  References in Text The Disaster Relief and Emergency Assistance Act, referred to in subsec. (a)(1), is Pub. L. 93288 May 22, 1974 88 Stat. 143 section 5121 of Title 42 Amendments 2022Subsec. (a)(1). Pub. L. 117263 2020Subsec. (a)(2)(B)(i)(I). Pub. L. 116260,  120(1)(A)(i) Subsec. (a)(2)(B)(ii). Pub. L. 116260,  120(1)(A)(ii) Subsec. (a)(5). Pub. L. 116260,  120(1)(B) Subsec. (c). Pub. L. 116260,  120(2)(A) Subsec. (c)(1). Pub. L. 116260,  120(2)(B) Subsec. (c)(2) to (4). Pub. L. 116260,  120(2)(C) 2018Subsec. (a)(1). Pub. L. 115270,  1160 Subsec. (a)(2). Pub. L. 115270,  1161(a) (A) residential establishments; (B) commercial establishments, including the protection of inventory; and (C) agricultural establishments, including the protection of crops. Subsec. (a)(3), (4). Pub. L. 115270,  1162 2016Subsec. (a)(3). Pub. L. 114322,  1176(1) Subsecs. (d), (e). Pub. L. 114322,  1176(2) 2014Subsec. (a)(1). Pub. L. 113121 1996Subsec. (a)(1). Pub. L. 104303,  202(e) Subsec. (c). Pub. L. 104303,  202(f) 1990Subsec. (a)(1). Pub. L. 101640 1988Subsec. (a)(1). Pub. L. 100707 1987Subsec. (a). Pub. L. 10045 1986Subsec. (a). Pub. L. 99662 1977 Pub. L. 9551 1974 Pub. L. 93251 1962 Pub. L. 87874 1955Act June 28, 1955 1950Act May 17, 1950 1948Act June 30, 1948 1946Act July 24, 1946 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Great Lakes Advance Measures Assistance Pub. L. 117263, div. H, title LXXXI,  8102(b) Dec. 23, 2022 136 Stat. 3696  (1)  In general The Secretary [of the Army] shall not deny a request from the Governor of a Great Lakes State to provide advance measures assistance pursuant to section 5(a) of the Act of August 18, 1941 33 U.S.C. 701n(a) (2)  Federal share Assistance provided by the Secretary pursuant to a request described in paragraph (1) shall be at Federal expense if the assistance is for the construction of advance measures to a temporary construction standard. (3)  Great lakes state defined In this subsection, the term Great Lakes State means the State of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, or Wisconsin. Technical Assistance for Levee Inspections Pub. L. 117263, div. H, title LXXXI,  8120 Dec. 23, 2022 136 Stat. 3711 In any instance where the Secretary [of the Army] requires, as a condition of eligibility for Federal assistance under section 5 of the Act of August 18, 1941 33 U.S.C. 701n Continued Eligibility Pub. L. 115270, title I,  1161(b) Oct. 23, 2018 132 Stat. 3796 Pub. L. 116260, div. AA, title I,  121 Dec. 27, 2020 134 Stat. 2634  Notwithstanding a non-Federal flood control works status in the Rehabilitation and Inspection Program carried out pursuant to section 5 of the Act of August 18, 1941 33 U.S.C. 701n Oct. 23, 2018 (1) the non-Federal sponsor agrees, in accordance with such section 5, as amended by this Act, to pay, or provide contributions equal to, an amount sufficient to make the remaining costs of the project equal to the estimated value of the benefits of the repair or restoration work; and (2) the Secretary [of the Army] determines that the damage to the structure was not as a result of negligent operation or maintenance. Systemwide Improvement Framework Pub. L. 113121, title III,  3011 June 10, 2014 128 Stat. 1284 A levee system shall remain eligible for rehabilitation assistance under the authority provided by section 5 of the Act of August 18, 1941 33 U.S.C. 701n Vegetation Management Guidelines Pub. L. 113121, title III,  3013 June 10, 2014 128 Stat. 1284  (a)  Definition of Guidelines In this section, the term guidelines means the Corps of Engineers policy guidelines for management of vegetation on levees, including (1) Engineering Technical Letter 11102571 entitled Guidelines for Landscape Planting and Vegetation Management at Levees, Floodwalls, Embankment Dams, and Appurtenant Structures and adopted April 10, 2009 (2) the draft policy guidance letter entitled Process for Requesting a Variance from Vegetation Standards for Levees and Floodwalls (77 Fed. Reg. 9637 ( Feb. 17, 2012 (b)  Review The Secretary [of the Army] shall carry out a comprehensive review of the guidelines in order to determine whether current Federal policy relating to levee vegetation is appropriate for all regions of the United States. (c)  Factors. (1)  In general In carrying out the review, the Secretary shall consider (A) the varied interests and responsibilities in managing flood risks, including the need (i) to provide the greatest benefits for public safety with limited resources; and (ii) to ensure that levee safety investments minimize environmental impacts and provide corresponding public safety benefits; (B) the levee safety benefits that can be provided by woody vegetation; (C) the preservation, protection, and enhancement of natural resources, including (i) the benefit of vegetation on levees in providing habitat for species of concern, including endangered, threatened, and candidate species; and (ii) the impact of removing levee vegetation on compliance with other regulatory requirements; (D) protecting the rights of Indian tribes pursuant to treaties and statutes; (E) determining how vegetation impacts the performance of a levee or levee system during a storm or flood event; (F) the available science and the historical record regarding the link between vegetation on levees and flood risk; (G) the avoidance of actions requiring significant economic costs and environmental impacts; and (H) other factors relating to the factors described in subparagraphs (A) through (F) identified in public comments that the Secretary determines to be appropriate. (2)  Variance considerations. (A)  In general In carrying out the review, the Secretary shall specifically consider factors that promote and allow for consideration of variances from guidelines on a Statewide, tribal, regional, or watershed basis, including variances based on (i) regional or watershed soil conditions; (ii) hydrologic factors; (iii) vegetation patterns and characteristics; (iv) environmental resources, including endangered, threatened, or candidate species and related regulatory requirements; (v) levee performance history, including historical information on original construction and subsequent operation and maintenance activities; (vi) any effects on water supply; (vii) any scientific evidence on the link between levee vegetation and levee safety; (viii) institutional considerations, including implementation challenges and conflicts with or violations of Federal or State environmental laws; (ix) the availability of limited funds for levee construction and rehabilitation; (x) the economic and environmental costs of removing woody vegetation on levees; and (xi) other relevant factors identified in public comments that the Secretary determines to be appropriate. (B)  Scope The scope of a variance approved by the Secretary may include a complete exemption to guidelines, if appropriate. (d)  Cooperation and Consultation; Recommendations. (1)  In general The Secretary shall carry out the review under this section in consultation with other applicable Federal agencies, representatives of State, regional, local, and tribal governments, appropriate nongovernmental organizations, and the public. (2)  Recommendations. (A)  Regional integration teams Corps of Engineers Regional Integration Teams, representing districts, divisions, and headquarters, in consultation with State and Federal resource agencies, and with participation by local agencies, shall submit to the Secretary any recommendations for vegetation management policies for levees that conform with Federal and State laws and other applicable requirements, including recommendations relating to the review of guidelines under subsection (b) and the consideration of variances under subsection (c)(2). (B)  State, tribal, regional, and local entities The Secretary shall consider and accept recommendations from any State, tribal, regional, or local entity for vegetation management policies for levees that conform with Federal and State laws and other applicable requirements, including recommendations relating to the review of guidelines under subsection (b) and the consideration of variances under subsection (c)(2). (e)  Independent Consultation. (1)  In general As part of the review, the Secretary shall solicit and consider the views of independent experts on the engineering, environmental, and institutional considerations underlying the guidelines, including the factors described in subsection (c) and any information obtained by the Secretary under subsection (d). (2)  Availability of views The views of the independent experts obtained under paragraph (1) shall be (A) made available to the public; and (B) included in supporting materials issued in connection with the revised guidelines required under subsection (f). (f)  Revision of Guidelines. (1)  In general Not later than 18 months after the date of enactment of this Act [ June 10, 2014 (A) revise the guidelines based on the results of the review, including (i) recommendations received as part of the consultation described in subsection (d)(1); and (ii) the views received under subsection (e); (B) provide the public not less than 30 days to review and comment on draft guidelines before issuing final guidelines; and (C) submit to Congress and make publicly available a report that contains a summary of the activities of the Secretary and a description of the findings of the Secretary under this section. (2)  Content; incorporation into manual The revised guidelines shall (A) provide a practical, flexible process for approving Statewide, tribal, regional, or watershed variances from the guidelines that (i) reflect due consideration of the factors described in subsection (c); and (ii) incorporate State, tribal, and regional vegetation management guidelines for specific areas that (I) are consistent with the guidelines; and (II) have been adopted through a formal public process; and (B) be incorporated into the manual proposed under section 5(c) of the Act of August 18, 1941 33 U.S.C. 701n(c) (3)  Failure to meet deadlines If the Secretary fails to submit a report by the required deadline under this subsection, 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 detailed explanation of (A) why the deadline was missed; (B) solutions needed to meet the deadline; and (C) a projected date for submission of the report. (g)  Interim Actions. (1)  In general Until the date on which revisions to the guidelines are adopted in accordance with subsection (f), the Secretary shall not require the removal of existing vegetation as a condition or requirement for any approval or funding of a project, or any other action, unless the specific vegetation has been demonstrated to present an unacceptable safety risk. (2)  Revisions Beginning on the date on which the revisions to the guidelines are adopted in accordance with subsection (f), the Secretary shall reconsider, on request of an affected entity, any previous action of the Corps of Engineers in which the outcome was affected by the former guidelines. Pub. L. 104303, title II,  202(g) Oct. 12, 1996 110 Stat. 3676  (1)  Review The Secretary shall undertake a comprehensive review of the current policy guidelines on vegetation management for levees. The review shall examine current policies in view of the varied interests in providing flood control, preserving, protecting, and enhancing natural resources, protecting the rights of Native Americans pursuant to treaty and statute, and such other factors as the Secretary considers appropriate. (2)  Cooperation and consultation The review under this section [subsection] shall be undertaken in cooperation with interested Federal agencies and in consultation with interested representatives of State and local governments and the public. (3)  Revision of guidelines Based upon the results of the review, the Secretary shall revise, not later than 270 days after the date of the enactment of this Act [ Oct. 12, 1996 August 18, 1941 33 U.S.C. 701n 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  701n1. Biennial report to Congress (A) In general Not later than 2 years after June 10, 2014 section 701n of this title (B) Inclusions A report under subparagraph (A) shall, at a minimum, include a description of (i) each structure, feature, or project for which amounts are expended, including the type of structure, feature, or project and cost of the work; and (ii) how the Secretary has repaired, restored, replaced, or modified each structure, feature, or project or intends to restore the structure, feature, or project to the design level of protection for the structure, feature, or project. ( Pub. L. 113121, title III,  3029(c)(1) June 10, 2014 128 Stat. 1307  Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121 section 2201 of this title  701n2. Monthly report to Congress  In fiscal year 2018, and each fiscal year thereafter, the Chief of Engineers of the U.S. Army Corps of Engineers shall transmit to the Congress, after reasonable opportunity for comment, but without change, by the Assistant Secretary of the Army for Civil Works, a monthly report, the first of which shall be transmitted to Congress not later than 2 days after the date of enactment of this subdivision [subdiv. 1 of div. B of Pub. L. 115123 ( Pub. L. 115123, div. B, title IV,  20401 Feb. 9, 2018 132 Stat. 79  Editorial Notes  References in Text The date of enactment of this subdivision, referred to in text, is the date of enactment of subdiv. 1 of div. B of Pub. L. 115123 Feb. 9, 2018  701n3. Permanent measures to reduce emergency flood fighting needs for communities subject to repetitive flooding (a) Definitions In this section: (1) Affected community The term affected community means a legally constituted public body (as that term is used in section 1962d5b(b) of title 42 (A) with jurisdiction over an area that has been subject to flooding in two or more events in any 10-year period; and (B) that has received emergency flood-fighting assistance, including construction of temporary barriers by the Secretary, under section 701n of this title (2) Natural feature; nature-based feature The terms natural feature and nature-based feature have the meanings given those terms in section 2289a of this title (b) Program (1) In general The Secretary is authorized to carry out a program to study, design, and construct water resources development projects through measures involving, among other things, strengthening, raising, extending, realigning, or otherwise modifying existing flood control works, designing new works, and incorporating natural features, nature-based features, or nonstructural features, as appropriate to provide flood and coastal storm risk management to affected communities. (2) Considerations In carrying out paragraph (1), the Secretary shall, to the maximum extent practical, review and, where appropriate, incorporate natural features or nature-based features, or a combination of such features and nonstructural features, that avoid or reduce at least 50 percent of flood or storm damages in one or more of the alternatives included in the final alternatives evaluated. (3) Construction (A) In general The Secretary may carry out a project described in paragraph (1) without further congressional authorization if (i) the Secretary determines that the project (I) is advisable to reduce the risk of flooding for an affected community; and (II) produces benefits that are in excess of the estimated costs; and (ii) the Federal share of the cost of the construction does not exceed $17,500,000. (B) Specific authorization If the Federal share of the cost of a project described in paragraph (1) exceeds $17,500,000, the Secretary shall submit the project recommendation to Congress for authorization prior to construction, and shall include the project recommendation in the next annual report submitted under section 2282d of this title (C) Financing (i) Contributions If, based on a study carried out pursuant to paragraph (1), the Secretary determines that a project described in paragraph (1) will not produce benefits greater than cost, the Secretary shall allow the affected community to pay, or provide contributions equal to, an amount sufficient to make the remaining costs of design and construction of the project equal to the estimated value of the benefits of the project. (ii) Effect on non-Federal share Amounts provided by an affected community under clause (i) shall be in addition to any payments or contributions the affected community is required to provide toward the remaining costs of design and construction of the project under section 2213 of this title (4) Ability to pay (A) In general Any cost-sharing agreement for a project entered into pursuant to this section shall be subject to the ability of the affected community to pay. (B) Determination The ability of any affected community to pay shall be determined by the Secretary in accordance with procedures established by the Secretary. (C) Effect of reduction Any reduction in the non-Federal share of the cost of a project described in paragraph (1) as a result of a determination under this paragraph shall not be included in the Federal share for purposes of subparagraphs (A) and (B) of paragraph (3). ( Pub. L. 116260, div. AA, title I,  119 Dec. 27, 2020 134 Stat. 2632  Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of div. AA of Pub. L. 116260 section 2201 of this title  701o. Omitted  Editorial Notes Codification Section, act June 30, 1948, ch. 771, title II,  202 62 Stat. 1175 act July 24, 1946, ch. 596,  2 60 Stat. 641 section 701b8 of this title  701p. Railroad bridge alterations at Federal expense  On and after July 24, 1946 ( July 24, 1946, ch. 596,  3 60 Stat. 642  701q. Repair and protection of highways, railroads, and utilities damaged by operation of dams or reservoir  Whenever the Chief of Engineers shall find that any highway, railway, or utility has been or is being damaged or destroyed by reason of the operation of any dam or reservoir project under the control of the Department of the Army, he may utilize any funds available for the construction, maintenance, or operation of the project involved for the repair, relocation, restoration, or protection of such highway, railway, or utility: Provided ( July 24, 1946, ch. 596,  9 60 Stat. 643 July 26, 1947, ch. 343 61 Stat. 501  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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  701q1. Repair and restoration of embankments (a) In general At the request of a non-Federal interest, the Secretary shall assess the cause of damage to, or the failure of, an embankment that is adjacent to the shoreline of a reservoir project owned and operated by the Secretary for which such damage or failure to the embankment has adversely affected a roadway that the Secretary has relocated for construction of the reservoir. (b) Repair and restoration activities If, based on the assessment carried out under subsection (a), the Secretary determines that the cause of the damage to, or the failure of, the embankment is the direct result of the design or operation of the reservoir by the Secretary, the Secretary is authorized to participate in the repair or restoration of such embankment. (c) Authorization of appropriations There is authorized to be appropriated to the Secretary $10,000,000 to carry out this section. ( Pub. L. 116260, div. AA, title I,  147 Dec. 27, 2020 134 Stat. 2656  Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of div. AA of Pub. L. 116260 section 2201 of this title  701r. Protection of highways, bridge approaches, lighthouses, public works, and nonprofit public services  The Secretary of the Army is authorized to allot from any appropriations heretofore or hereafter made for flood control, not to exceed $25,000,000 per year, for the construction, repair, restoration, and modification of emergency streambank and shoreline protection works to prevent damage to highways, bridge approaches, lighthouses (including those lighthouses with historical value), and public works, churches, hospitals, schools, and other nonprofit public services, when in the opinion of the Chief of Engineers such work is advisable: Provided ( July 24, 1946, ch. 596,  14 60 Stat. 653 July 26, 1947, ch. 343 61 Stat. 501 Pub. L. 93251, title I,  27 Mar. 7, 1974 88 Stat. 20 Pub. L. 99662, title IX,  915(c) Nov. 17, 1986 100 Stat. 4191 Pub. L. 104303, title II,  219 Oct. 12, 1996 110 Stat. 3696 Pub. L. 110114, title II,  2023 Nov. 8, 2007 121 Stat. 1078 Pub. L. 113121, title I,  1030(i) June 10, 2014 128 Stat. 1232 Pub. L. 115270, title I Oct. 23, 2018 132 Stat. 3794 Pub. L. 117263, div. H, title LXXXI,  8138 Dec. 23, 2022 136 Stat. 3723  Editorial Notes Amendments 2022 Pub. L. 117263 2018 Pub. L. 115270 2014 Pub. L. 113121 2007 Pub. L. 110114 1996 Pub. L. 104303 1986 Pub. L. 99662 1974 Pub. L. 93251 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Effective Date of 1986 Amendment Amendment by Pub. L. 99662 Nov. 17, 1986 section 915(i) of Pub. L. 99662 section 426g of this title  701r1. Utilization of public roads (a) Definitions When used in this section (1) The term Agency means the Corps of Engineers, United States Army or the Bureau of Reclamation, United States Department of the Interior, whichever has jurisdiction over the project concerned. (2) The term head of the Agency concerned means the Chief of Engineers or the Commissioner, Bureau of Reclamation, or their respective designees. (3) The term water resources projects to be constructed in the future includes all projects not yet actually under construction, and, to the extent of work remaining to be completed, includes projects presently under construction where road relocations or identifiable components thereof are not complete as of the date of this section. (4) The term time of the taking is the date of the relocation agreement, the date of the filing of a condemnation proceeding, or a date agreed upon between the parties as the date of taking. (b) Improvement, reconstruction, and maintenance Whenever, in connection with the construction of any authorized flood control, navigation, irrigation, or multiple purpose project for the development of water resources, the head of the Agency concerned determines it to be in the public interest to utilize existing public roads as a means of providing access to such projects during construction, such Agency may improve, reconstruct, and maintain such roads and may contract with the local authority having jurisdiction over the roads to accomplish the necessary work. The accomplishment of such work of improvement may be carried out with or without obtaining any interest in the land on which the road is located in accordance with mutual agreement between the parties: Provided (c) Replacement roads; construction to higher standards For water resources projects to be constructed in the future, when the taking by the Federal Government of an existing public road necessitates replacement, the substitute provided will, as nearly as practicable, serve in the same manner and reasonably as well as the existing road. The head of the agency concerned is authorized to construct such substitute roads to the design standards which the State or owning political division would use in constructing a new road under similar conditions of geography and under similar traffic loads (present and projected). In any case where a State or political subdivision thereof requests that such a substitute road be constructed to a higher standard than that provided for in the preceding provisions of this subsection, and pays, prior to commencement of such construction, the additional costs involved due to such higher standard, such agency head is authorized to construct such road to such higher standard. Federal costs under the provisions of this subsection shall be part of the nonreimbursable project costs. ( Pub. L. 86645, title II,  207 July 14, 1960 74 Stat. 500 Pub. L. 87874, title II,  208 Oct. 23, 1962 76 Stat. 1196 Pub. L. 93251, title I,  13 Mar. 7, 1974 88 Stat. 17  Editorial Notes Amendments 1974Subsec. (c). Pub. L. 93251 1962Subsec. (a). Pub. L. 87874 Subsec. (b). Pub. L. 87874 Subsec. (c). Pub. L. 87874  701s. Small flood control projects; appropriations; amount limitation for single locality; conditions  The Secretary of the Army is authorized to allot from any appropriations heretofore or hereafter made for flood control, not to exceed $68,750,000 for any one fiscal year, for the implementation of small structural and nonstructural projects, and projects that use natural features or nature-based features (as those terms are defined in section 2289a(a) of this title section 701a of this title section 701c of this title ( June 30, 1948, ch. 771 62 Stat. 1182 May 17, 1950, ch. 188 64 Stat. 183 July 11, 1956, ch. 558 70 Stat. 522 Pub. L. 87874, title II,  205 Oct. 23, 1962 76 Stat. 1194 Pub. L. 93251, title I,  61 Mar. 7, 1974 88 Stat. 29 Pub. L. 94587,  133(b) Oct. 22, 1976 90 Stat. 2928 Pub. L. 97140,  2(a) Dec. 29, 1981 95 Stat. 1717 Pub. L. 99662, title IX,  915(a) Nov. 17, 1986 100 Stat. 4191 Pub. L. 10653, title II,  201 Aug. 17, 1999 113 Stat. 285 Pub. L. 106541, title II,  218 Dec. 11, 2000 114 Stat. 2596 Pub. L. 110114, title II,  2021 Nov. 8, 2007 121 Stat. 1078 Pub. L. 113121, title I,  1030(e) June 10, 2014 128 Stat. 1232 Pub. L. 115270, title I,  1157(e) Oct. 23, 2018 132 Stat. 3794 Pub. L. 116260, div. AA, title I,  114 Dec. 27, 2020 134 Stat. 2627  Editorial Notes Amendments 2020 Pub. L. 116260 section 2289a(a) of this title 2018 Pub. L. 115270 2014 Pub. L. 113121 2007 Pub. L. 110114 2000 Pub. L. 106541 1999 Pub. L. 10653 1986 Pub. L. 99662 1981 Pub. L. 97140 1976 Pub. L. 94587 1974 Pub. L. 93251 1962 Pub. L. 87874 1956Act July 11, 1956 section 701a of this title 1950Act May 17, 1950 Statutory Notes and Related Subsidiaries Effective Date of 1986 Amendment Amendment by Pub. L. 99662 Nov. 17, 1986 section 915(i) of Pub. L. 99662 section 426g of this title Effective Date of 1981 Amendment Pub. L. 97140,  2(b) Dec. 29, 1981 95 Stat. 1717 The amendment made by this section [amending this section] shall not apply to any project under contract for construction on the date of enactment of this Act [ Dec. 29, 1981 Effective Date of 1976 Amendment Amendment by Pub. L. 94587 Oct. 22, 1976 section 133(c) of Pub. L. 94587 section 577 of this title Ice Jam Prevention and Mitigation Pub. L. 114322, title I,  1150 Dec. 16, 2016 130 Stat. 1661 Pub. L. 115270, title I,  1131 Oct. 23, 2018 132 Stat. 3780  (a)  In General The Secretary [of the Army] may carry out projects under section 205 of the Flood Control Act of 1948 ( 33 U.S.C. 701s (b)  Inclusion The projects described in subsection (a) may include the development and demonstration of cost-effective technologies and designs developed in consultation with (1) the Cold Regions Research and Engineering Laboratory of the Corps of Engineers; (2) universities; (3) Federal, State, and local agencies; and (4) private organizations. (c)  Pilot Program. (1)  In general The Secretary shall identify and carry out not fewer than 20 projects under this section to demonstrate technologies and designs developed in accordance with this section. (2)  Project selection The Secretary shall (A) ensure that the projects are selected from all cold regions of the United States, including the Upper Missouri River Basin and the Northeast; and (B) select not fewer than one project to be carried out on a reservation (as defined in section 3 of the Indian Financing Act of 1974 [ 25 U.S.C. 1452 25 U.S.C. 5304  701t. Emergency fund for flood damage; amount; commitments to be fulfilled by local interests  The sum of $25,000,000 is authorized to be appropriated as an emergency fund to be expended under the direction of the Secretary of the Army and the supervision of the Chief of Engineers for the repair, restoration, and strengthening of levees and other flood control works which have been threatened or destroyed by recent floods, or which may be threatened or destroyed by later floods, including the raising, extending, or other modification of such works as may be necessary in the discretion of the Chief of Engineers for the adequate functioning of the works for flood control: Provided Provided further And provided further ( June 30, 1948, ch. 771 62 Stat. 1182  701u. International engineering or scientific conferences; attendance  The Secretary of the Army is authorized to allot from any appropriations heretofore or hereafter made for flood control or rivers and harbors, funds for payment of expenses of representatives of the Corps of Engineers engaged on flood control and river and harbor work to international engineering or scientific conferences to be held outside the United States: Provided ( May 17, 1950, ch. 188 64 Stat. 183 Pub. L. 104303, title II,  222 Oct. 12, 1996 110 Stat. 3697  Editorial Notes Amendments 1996 Pub. L. 104303 And provided further  702. Mississippi River  [Authorization of flood-control work.] March 3, 1923 [Allotments for improvement of watercourses connected with Mississippi River.] March 1, 1917 [Maintenance of levees constructed for flood control.] ( Mar. 1, 1917, ch. 144,  1 39 Stat. 948 Mar. 4, 1923, ch. 277 42 Stat. 1505 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Codification Last clause of first paragraph was originally limited to appropriations made for a period of six years beginning July 1, 1924 The portion of the first paragraph providing and a sum not to exceed $10,000,000 annually is hereby authorized to be appropriated for that purpose, for a period of six years beginning July 1, 1924 Mar. 4, 1923 Mar. 1, 1917 Sections 2 and 3 of act Mar. 1, 1917 Mar. 1, 1917 section 643 of this title 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  702a. Adoption of 1927 project; execution; creation of board; scope of authority; appropriation  The project for the flood control of the Mississippi River in its alluvial valley and for its improvement from the Head of Passes to Cape Girardeau, Missouri, in accordance with the engineering plan set forth and recommended in the report submitted by the Chief of Engineers to the Secretary of the Army dated December 1, 1927 Provided November 28, 1927 section 702h of this title Provided l Provided further All unexpended balances of appropriations prior to May 15, 1928 section 702 of this title l ( May 15, 1928, ch. 569,  1 45 Stat. 534 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes  References in Text Herein, referred to in text, means act May 15, 1928, ch. 569 45 Stat. 534 l 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Abandonment and Repeal of Projects For abandonment of Boeuf Floodway and Eudora Floodway as well as Northward Extension and back protection levee extending from head of Eudora Floodway north to Arkansas River and repeal of provisions relating to prosecution of work, see section 702a12 of this title  702a1. Modification of project of 1927; adoption  The project for the control of floods of the Mississippi River and its tributaries, adopted by section 702a of this title February 12, 1935 ( June 15, 1936, ch. 548,  1 49 Stat. 1508 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Prior Provisions A prior section 702a112, act June 28, 1938, ch. 795,  4 52 Stat. 1220 section 702a1a of this title A prior section 702a134, act Aug. 18, 1941, ch. 377,  3 55 Stat. 642 section 702a1b of this title 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  702a1a. Further modification of 1927 project; adoption; appropriation  In accordance with the recommendations of the Chief of Engineers, as set forth in his report of April 6, 1937 section 702a11 of this title ( June 28, 1938, ch. 795,  4 52 Stat. 1220  Editorial Notes Codification Section was formerly classified to section 702a112 of this title.  702a1b. Further modification; adoption  The project for flood control of the Lower Mississippi River adopted by sections 642a, 702a to 702a1a, 702a2 to 702d, and 702e to 702h, 702i to 702m, and 704 of this title is modified and, as modified, is authorized and adopted. ( Aug. 18, 1941, ch. 377,  3 55 Stat. 642  Editorial Notes Codification Section was formerly classified to section 702a134 of this title.  702a2. Abandonment of Boeuf Floodway  The Boeuf Floodway, authorized by the provisions adopted in section 702a of this title ( June 15, 1936, ch. 548,  2 49 Stat. 1509  Statutory Notes and Related Subsidiaries Abandonment and Repeal of Projects For abandonment of Boeuf Floodway and Eudora Floodway as well as Northward Extension and back protection levee extending from head of Eudora Floodway north to Arkansas River and repeal of provisions relating to prosecution of work, see section 702a12 of this title  702a3. Levees; raising and enlarging  The levees along the Mississippi River from the head of the Morganza Floodway to the head of the Atchafalaya River and down the east bank of the Atchafalaya River to intersection with the west protection levee of said Morganza Floodway shall be raised and enlarged to 1928 grade and section. ( June 15, 1936, ch. 548,  3 49 Stat. 1509  702a4. Fuse-plug levees  After the Eudora Floodway shall have been constructed and is ready for operation, the fuse-plug levees now at the head of the Boeuf and Tensas Basins shall be constructed to the 1914 grade and the 1928 section. The fuse-plug levees at the head of the Atchafalaya Basin on the west side shall be constructed to the 1914 grade and the 1928 section. The fuse-plug levees at the head of the Atchafalaya Basin on the east side of the Atchafalaya River shall be constructed to the 1914 grade and 1928 section, and, after the Morganza Floodway has been completed, shall be raised to the 1928 grade as provided in section 702a3 of this title section 702a3 of this title ( June 15, 1936, ch. 548,  10 49 Stat. 1511  Editorial Notes  References in Text Herein, referred to in text, means act June 15, 1936, ch. 548 49 Stat. 1508  702a5. Back levee north of Eudora Floodway  The back-protection levee north of the Eudora Floodway shall be constructed to the same grade and section as the levees opposite on the east side of the Mississippi River: Provided ( June 15, 1936, ch. 548,  11 49 Stat. 1511  Statutory Notes and Related Subsidiaries Abandonment and Repeal of Projects For abandonment of Boeuf Floodway and Eudora Floodway as well as Northward Extension and back protection levee extending from head of Eudora Floodway north to Arkansas River and repeal of provisions relating to prosecution of work, see section 702a12 of this title  702a6. Drainage necessitated by floodway levees  The United States shall provide the drainage made necessary by the construction of floodway levees included in the modified project. ( June 15, 1936, ch. 548,  6 49 Stat. 1510  702a7. Railroad and highway crossings over floodways  The United States shall construct, at its own cost, one railroad and one highway crossing over the Eudora Floodway and not to exceed three railway and two highway crossings over the Morganza Floodway, and not to exceed one railway crossing (together with suitable physical connections therewith) and one highway crossing over the floodway west of the Atchafalaya River provided for in the modified project: Provided Provided further And provided further section 702a10 of this title ( June 15, 1936, ch. 548,  7 49 Stat. 1510  702a8. Additional roads; construction by United States  In addition to the construction by the United States of roads in connection with floodways as heretofore provided, the Federal Government may, in the discretion of the Chief of Engineers, and within the limits of available funds, construct additional roads to afford access to those portions of the levee lines not otherwise accessible. ( June 15, 1936, ch. 548,  8 49 Stat. 1510  702a9. Lands, easements, and rights-of-way; acquisition by local authorities; reimbursement; protection of United States from liability for damages  No money appropriated under sections 702g1 and 702k1 of this title shall be expended on the construction of any reservoir project herein authorized until States, political subdivisions thereof, or other responsible local agencies have given assurances satisfactory to the Secretary of the Army that they will (a) provide without cost to the United States all lands, easements, and rights-of-way necessary for the construction of the project, except as otherwise provided herein; (b) hold and save the United States free from damages due to the construction works; (c) maintain and operate all the works after completion in accordance with regulations prescribed by the Secretary of the Army: And provided And provided further And provided further And provided further And provided further And provided further June 15, 1936 ( June 15, 1936, ch. 548,  8a 49 Stat. 1510 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes  References in Text Herein, referred to in text, means act June 15, 1936, ch. 548 49 Stat. 1508 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  702a10. Flowage rights and rights-of-way; reimbursement of local authorities; highway crossings; use of properties for national forests or wildlife refuges  In order to facilitate the United States in the acquisition of flowage rights and rights-of-way for levee foundations, the Secretary of the Army is authorized to enter into agreements with the States or with local levee districts, boards, commissions, or other agencies for the acquisition and transfer to the United States of such flowage rights and levee rights-of-way, and for the reimbursement of such States or local levee districts, boards, commissions, or other agencies, for the cost thereof at prices previously agreed upon between the Secretary of the Army and the governing authority of such agencies, within the maximum limitations hereinafter prescribed: Provided Provided further Provided further February 12, 1935 section 702d of this title Provided further Provided further Provided further Provided further Provided further Provided further And provided further ( June 15, 1936, ch. 548,  12 49 Stat. 1512 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes  References in Text Herein, referred to in text, means act June 15, 1936, ch. 548 49 Stat. 1508 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  702a11. Morganza Floodway; Eudora Floodway  The United States may, within the discretion of the Chief of Engineers, irrespective of other provisions of law, proceed to acquire all easements needed and of the character considered advisable in the Morganza floodway and to construct said Morganza floodway. Said Morganza floodway may, within the discretion of the Chief of Engineers, be modified as to its design and inflow. The said Morganza floodway may be initiated and constructed without delay; and the United States may, within the discretion of the Chief of Engineers, irrespective of other provisions of law, proceed to the acquisition of flowage rights and flowage easements in the Eudora floodway, and to its construction as authorized by existing law: Provided Provided further Provided further Provided further Provided further Provided further Provided further The United States, irrespective of other provisions of law, may, within the discretion of the Chief of Engineers, acquire flowage easements over all lands not subject to frequent overflow in the Atchafalaya Basin below the latitude of Krotz Springs. Said Morganza floodway shall not be operated until the Wax Lake outlet has been put into operative condition. The fuseplug levees at the head of the Atchafalaya Basin on the east side of the Atchafalaya River shall be reconstructed to the 1928 grade and section. The United States may, in the discretion of the Chief of Engineers, acquire all flowage rights, flowage easements, rights-of-way for levee foundations, and titles in fee simple as herein provided, either by voluntary acquisition or in accordance with the condemnation proceedings by the Secretary of the Army as provided for in section 702d of this title In the event the United States acquires or owns title to any lands in fee simple under the provisions of sections 702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702 l section 702d of this title Provided Provided further Provided further ( June 15, 1936, ch. 548 June 28, 1938, ch. 795,  4 52 Stat. 1220 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes  References in Text Herein, referred to in text, means act June 15, 1936, ch. 548 49 Stat. 1508 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Effect of Amendment Act June 28, 1938 act of May 15, 1928, ch. 569 45 Stat. 534 June 15, 1936 May 15, 1928 l Abandonment and Repeal of Projects For abandonment of Boeuf Floodway and Eudora Floodway as well as Northward Extension and back protection levee extending from head of Eudora Floodway north to Arkansas River and repeal of provisions relating to prosecution of work, see section 702a12 of this title  702a12. Modified Lower Mississippi River project as of August 18, 1941 (a) Alluvial valley, Mississippi River; Yazoo Basin levees; abandonment of Boeuf and Eudora Floodways and Northward Extension The existing engineering plan for flood control in the alluvial valley of the Mississippi River is modified so as to provide for the construction of plan 4 as set forth in the report of the Mississippi River Commission, dated March 7, 1941 l section 702a of this title section 702c of this title (b) Yazoo River project The project for flood control of the Yazoo River shall be as authorized by sections 642a, 702a1, 702a2 to 702a12, 702g1, 702j1, 702j2, 702k1, and 702k2 of this title, except that the Chief of Engineers may, in his discretion, from time to time, substitute therefor combinations of reservoirs, levees, and channel improvements; and except that the extension of the authorized project and improvements contemplated in plan C of the report of March 7, 1941 Provided And provided further section 702c of this title (c) Tensas-Cocodrie backwater area In the development of the authorized project, the construction of a levee and improvements contemplated in the report of March 7, 1941 Provided And provided further section 702c of this title Provided further (d) Reimbursement of local authorities for certain expenses The Chief of Engineers, with approval of the Secretary of the Army, shall reimburse local authorities for actual expenditures found by the Chief of Engineers to be reasonable, for providing at the request of the United States, in accordance with local legal procedure or custom, rights-of-way and flowage easements required for future setbacks of main-line Mississippi River levees. (e) Saint Francis River The existing engineering plan for flood control of the Saint Francis River is modified so as to permit the substitution for the suspended portions of the original project below Oak Donnick, Arkansas, of the construction of a ditch in Cross County, Arkansas, beginning in the vicinity of the outlet end of the existing Oak Donnick to Saint Francis Bay floodway and terminating in Saint Francis Bay about two miles north of Riverfront, including the construction of a highway bridge at State Highway Numbered 42 made necessary by the ditch construction: Provided (f) Bayou Rapides, Boeuf, and Cocodrie, Louisiana, improvements In the development of the authorized project, the construction of improvements for Bayou Rapides, Boeuf, and Cocodrie, Louisiana, contemplated in the report dated March 24, 1941 (g) Increased authorizations for alluvial valley, Mississippi River The total authorizations heretofore made for the flood control project of the alluvial valley of the Mississippi River shall not be increased by reason of any provision in this Act, except for the additional amounts necessary for the Yazoo and Red River backwater improvements, and any appropriations heretofore or hereafter made or authorized for said project as herein or heretofore modified may be expended upon any feature of the said project, notwithstanding any restrictions, limitations, or requirements of existing law: Provided ( June 15, 1936, ch. 548 Aug. 18, 1941, ch. 377,  3 55 Stat. 642 July 26, 1947, ch. 343 61 Stat. 501 May 17, 1950, ch. 188 64 Stat. 172 Pub. L. 110114, title III,  3013(b) Nov. 8, 2007 121 Stat. 1109  Editorial Notes  References in Text Herein, referred to in subsecs. (c) and (g), and this Act, referred to in subsec. (g), probably mean act June 15, 1936, ch. 548 49 Stat. 1508 Amendments 2007Subsec. (a). Pub. L. 110114 section 702a of this title section 702c of this title 1950Subsec. (c). Act May 17, 1950 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Application of 1950 Increase in Authorization Contained in Subsec. (c) to Old and Atchafalaya Rivers Project Section 203 of act Sept. 3, 1954, ch. 1264, title II 68 Stat. 1258 May 17, 1950  702b. Local contribution toward cost of flood control work  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 ( 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 l  702c. Expenditures for construction work; conditions precedent; liability for damage from flood waters; condemnation proceedings; floodage rights  Except when authorized by the Secretary of the Army upon the recommendation of the Chief of Engineers, no money appropriated under authority of sections 702a and 702g of this title shall be expended on the construction of any item of the project until the States or levee districts have given assurances satisfactory to the Secretary of the Army that they will (a) maintain all flood-control works after their completion, except controlling and regulating spillway structures, including special relief levees; maintenance includes normally such matters as cutting grass, removal of weeds, local drainage, and minor repairs of main river levees; (b) agree to accept land turned over to them under the provisions of section 702d of this title No liability of any kind shall attach to or rest upon the United States for any damage from or by floods or flood waters at any place: Provided, however l ( May 15, 1928, ch. 569,  3 45 Stat. 535 July 26, 1947, ch. 343 61 Stat. 501  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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  702d. Flowage rights; condemnation proceedings; benefits to property  The United States shall provide flowage rights for additional destructive flood waters that will pass by reason of diversions from the main channel of the Mississippi River: Provided The Secretary of the Army may cause proceedings to be instituted for the acquirement by condemnation of any lands, easements, or rights of way which, in the opinion of the Secretary of the Army and the Chief of Engineers, are needed in carrying out this project, the said proceedings to be instituted in the United States district court for the district in which the land, easement, or right of way is located. In all such proceedings the practice, pleadings, forms, and modes of proceedings shall conform as near as may be to the practice, pleadings, forms, and proceedings existing at the time in like causes in the courts of record of the State within which such district court is held, any rule of the court to the contrary notwithstanding. When the owner of any land, easement, or right of way shall fix a price for the same which, in the opinion of the Secretary of the Army is reasonable, he may purchase the same at such price; and the Secretary of the Army is also authorized to accept donations of lands, easements, and rights of way required for this project. The provisions of sections 594 and 595 of this title are made applicable to the acquisition of lands, easements, or rights of way needed for works of flood control: Provided ( May 15, 1928, ch. 569,  4 45 Stat. 536 Nov. 30, 1945, ch. 496 59 Stat. 587 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Amendments 1945Act Nov. 30, 1945 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  702d1. Bonnet Carre Spillway and Floodway; rights-of-way, etc., over lands  The proviso in section 702d of this title ( Feb. 15, 1933, ch. 76 47 Stat. 810 July 26, 1947, ch. 343 61 Stat. 501  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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  702e. Maps for project; preparation  Subject to the approval of the heads of the several executive departments concerned, the Secretary of the Army, on the recommendation of the Chief of Engineers, may engage the services and assistance of the National Ocean Survey, the United States Geological Survey, or other mapping agencies of the Government, in the preparation of maps required in furtherance of this project, and funds to pay for such services may be allotted from appropriations made under authority of sections 702a and 702g of this title. ( May 15, 1928, ch. 569,  5 45 Stat. 536 July 26, 1947, ch. 343 61 Stat. 501 Pub. L. 102154, title I Nov. 13, 1991 105 Stat. 1000  Statutory Notes and Related Subsidiaries  Change of Name United States Geological Survey substituted in text for Geological Survey pursuant to provision of title I of Pub. L. 102154 section 31 of Title 43 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Executive Documents  Change of Name Coast and Geodetic Survey consolidated with National Weather Bureau in 1965 to form Environmental Science Services Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965 79 Stat. 1318 Oct. 3, 1970 84 Stat. 2090 Dec. 19, 1970 section 311 of Title 15  Transfer of Functions For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,  1, 2, eff. May 24, 1950 64 Stat. 1262  702f. Expenditures for earlier projects  Funds appropriated under authority of section 702a of this title May 15, 1928 Provided And provided further section 702a of this title section 702a of this title ( May 15, 1928, ch. 569,  6 45 Stat. 536 July 26, 1947, ch. 343 61 Stat. 501  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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  702g. Appropriation for emergency fund  The sum of $5,000,000 is authorized to be appropriated as an emergency fund to be allotted by the Secretary of the Army on the recommendation of the Chief of Engineers, in rescue work or in the repair or maintenance of any flood-control work on any tributaries of the Mississippi River threatened or destroyed by flood including the flood of 1927: Provided Provided further ( May 15, 1928, ch. 569,  7 45 Stat. 537 June 19, 1930, ch. 542 46 Stat. 787 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Amendments 1930Act June 19, 1930 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  702g1. Additional appropriation for emergency fund  The sum of $15,000,000 is authorized to be appropriated as an emergency fund to be allocated by the Secretary of the Army on the recommendation of the Chief of Engineers in rescue work or in the repair or maintenance of any flood-control work on any tributary of the Mississippi River threatened or destroyed by flood heretofore or hereafter occurring: Provided June 15, 1936 Provided further ( June 15, 1936, ch. 548,  9 49 Stat. 1511 July 26, 1947, ch. 343 61 Stat. 501  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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  702h. Prosecution of project by Mississippi River Commission; president of commission; salaries  The project herein authorized shall be prosecuted by the Mississippi River Commission under the direction of the Secretary of the Army and supervision of the Chief of Engineers and subject to the provisions of sections 702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702 l May 15, 1928 Provided May 15, 1928 The official salary of any officer of the United States Army or other branch of the Government appointed or employed under sections 702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702 l ( May 15, 1928, ch. 569,  8 45 Stat. 537 July 26, 1947, ch. 343 61 Stat. 501 Pub. L. 10653, title V,  558 Aug. 17, 1999 113 Stat. 354  Editorial Notes  References in Text Herein, referred to in text, means act May 15, 1928, ch. 569 45 Stat. 534 l section 702a of this title Codification Provisions of the second paragraph, as amended by Pub. L. 10653 The salary of the president of the Mississippi River Commission shall hereafter be $10,000 per annum, and the salary of the other members of the commission shall hereafter be $21,500 per annum. 63 Stat. 954 Pub. L. 89554 Sept. 6, 1966 80 Stat. 632 Section 5102 of Title 5 section 5103 of Title 5 Amendments 1999 Pub. L. 10653 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  702h1. Transferred  Editorial Notes Codification Section has been transferred to section 642a of this title  702i. Certain sections applicable to property and rights acquired or constructed  The provisions of sections 407, 408, 411, 412, and 413 of this title are made applicable to all lands, waters, easements, and other property and rights acquired or constructed under the provisions of sections 702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702 l ( May 15, 1928, ch. 569,  9 45 Stat. 537  702j. Projects relating to tributary streams; report to Congress; appropriation  It is the sense of Congress that the surveys of the Mississippi River and its tributaries, authorized pursuant to the Act of January 21, 1927 44 Stat. 1010 Provided The sum of $5,000,000 is authorized to be used out of the appropriation authorized in section 702a of this title January 21, 1927 44 Stat. 1010 Provided further l And provided further ( May 15, 1928, ch. 569,  10 45 Stat. 538 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes  References in Text Act of January 21, 1927 44 Stat. 1010 January 21, 1927 Herein, referred to in text, means act May 15, 1928, ch. 569 45 Stat. 534 l 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Executive Documents  Transfer of Functions For transfer of functions of other officers, employees, and agencies of Department of Agriculture, with certain exceptions, to Secretary of Agriculture, with power to delegate, see Reorg. Plan No. 2 of 1953,  1, eff. June 4, 1953 67 Stat. 633  702j1. Saint Francis and Yazoo Rivers; lands and easements; alteration of highways; cooperation of States (1) Neither of the projects for the flood control of the Saint Francis River or the Yazoo River, authorized by sections 642a, 702a1, 702a2 to 702a12, 702g1, 702j1, 702j2, 702k1, and 702k2 of this title, shall be undertaken until the States, or other qualified agencies, shall have furnished satisfactory assurances that they will undertake, without cost to the United States, all alterations of highways made necessary because of the construction of the authorized reservoirs, and meet all damages because of such highway alterations, and have agreed also to furnish without cost to the United States all lands and easements necessary to the construction of levees and drainage ditches constructed under this project: Provided And provided further February 12, 1935 And provided further Provided further (2) The Chief of Engineers may, in his discretion, modify the project for the control of floods on the Yazoo River, as authorized by paragraph (1) of this section, to substitute therefor a combined reservoir floodway and levee plan: Provided Provided further No work shall be undertaken until the States or other qualified agencies have furnished satisfactory assurances that they will (a) undertake, without cost to the United States, all alterations of highways made necessary because of the construction of reservoirs and meet all damages because of such highway alterations; and (b) furnish, without cost to the United States, all lands and easements necessary to the construction of levees and drainage ditches. ( June 15, 1936, ch. 548,  4 49 Stat. 1509 Aug. 28, 1937, ch. 877,  6 50 Stat. 880 July 26, 1947, ch. 343 61 Stat. 501  Editorial Notes Codification Par. (1) is comprised of act June 15, 1936 Aug. 28, 1937 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  702j2. White River Levee District; rights-of-way; drainage facilities; flowage rights; acquisition by local authorities; protection of United States from liability for damages  The Chief of Engineers, under the supervision of the Secretary of the Army, shall at the expense of the United States Government construct a system of levees substantially in accordance with general plan shown on map designated as sheet numbered 1 entitled Tributary Levee Location SurveyWhite River Levee DistrictProposed Levee Location accompanying report dated April 2, 1925 Provided, however ( June 15, 1936, ch. 548,  5 49 Stat. 1509 July 26, 1947, ch. 343 61 Stat. 501  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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  702k. Surveys below Cape Girardeau, Missouri; resurvey of levee in Tennessee  The Secretary of the Army shall cause the Mississippi River Commission to make an examination and survey of the Mississippi River below Cape Girardeau, Missouri, (a) at places where levees have prior to May 15, 1928 Provided section 702a of this title May 15, 1928 ( May 15, 1928, ch. 569,  11 45 Stat. 538 July 26, 1947, ch. 343 61 Stat. 501  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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  702k1. Authorization of appropriation  $272,000,000 is authorized to be appropriated for the carrying out of the modified adopted project, and all unexpended balances of appropriations heretofore made for the prosecution of said flood-control project are made available for the purposes of sections 642a, 702a1, 702a2 to 702a12, 702g1, 702j1, 702j2, 702k1, and 702k2 of this title. ( June 15, 1936, ch. 548,  13 49 Stat. 1513  702k2. Separability  If any provision of sections 642a, 702a1, 702a2 to 702a12, 702g1, 702j1, 702j2, and 702k1 of this title, or the application thereof, to any person or circumstances, is held invalid, the remainder of the said sections, and the application of such provisions to other persons or circumstances, shall not be affected thereby. ( June 15, 1936, ch. 548,  14 49 Stat. 1513  702l. Repeal of inconsistent laws  All laws or parts of laws inconsistent with sections 702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, and 702k of this title, are repealed. ( May 15, 1928, ch. 569,  12 45 Stat. 539  702m. Interest of Members of Congress in contracts for acquisition of land  In every contract or agreement to be made or entered into for the acquisition of land either by private sale or condemnation as in sections 702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702 l section 6306(a) of title 41 ( May 15, 1928, ch. 569,  14 45 Stat. 539  Editorial Notes Codification In text, section 6306(a) substituted for section 3741 of the Revised Statutes being section 22 of title 41 Pub. L. 111350,  6(c) Jan. 4, 2011 124 Stat. 3854  702n. Levee rights-of-way; payment or reimbursement for  The Secretary of the Army is authorized, out of any money available for carrying out the provisions of sections 702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702 l Provided And provided further ( Apr. 23, 1934, ch. 159 48 Stat. 607 July 26, 1947, ch. 343 61 Stat. 501  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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  702o. Mississippi River and Tributaries Project (a) In general After any flood event requiring operation or activation of any floodway or backwater feature within the Mississippi River and Tributaries Project through natural overtopping of a Federal levee or artificial crevassing of a Federal levee to relieve pressure on the levees elsewhere in the system, the Secretary shall expeditiously reset and restore the damaged floodways levees. (b) Consultation In carrying out subsection (a), the Secretary shall provide an opportunity for consultation with affected communities. (c) Mississippi River and Tributaries Project The term Mississippi River and Tributaries Project means the Mississippi River and Tributaries project authorized by the Act of May 15, 1928 45 Stat. 534 ( Pub. L. 115270, title I,  1128 Oct. 23, 2018 132 Stat. 3780  Editorial Notes  References in Text The act of May 15, 1928 act May 15, 1928, ch. 569 45 Stat. 534 l Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 102 of Pub. L. 115270 section 2201 of this title  703. Sacramento River, California  [Flood-control works authorized.] August 10, 1910 February 8, 1913 Provided [Limitation on expenditure of appropriations generally.] Provided August 10, 1910 Provided further And provided further [Expenditure of contributions by State of California; acquisition of sites, easements, etc.] Provided [Maintenance of works for flood control by State of California.] ( Mar. 1, 1917, ch. 144,  2 39 Stat. 949 July 26, 1947, ch. 343 61 Stat. 501  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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  Termination of Board of Engineers for Rivers and Harbors and Reassignment of Duties and Responsibilities For termination of Board of Engineers for Rivers and Harbors 180 days after Oct. 31, 1992 section 223 of Pub. L. 102580 section 541 of this title  704. Modification of project  The project for the control of floods in the Sacramento River, California, adopted by section 703 of this title Provided ( May 15, 1928, ch. 569,  13 45 Stat. 539  705. Salmon River, Alaska; flood control work authorized  The project of prevention and control of floods in the Salmon River, Alaska, recommended in the report of the Chief of Engineers, United States Army, in House Document Numbered 228, Seventy-second Congress, is adopted and authorized and shall be prosecuted under the direction of the Secretary of the Army and the supervision of the Chief of Engineers in accordance with the plan recommended in such report and subject to the conditions set forth therein. ( June 18, 1934, ch. 581 48 Stat. 991 July 26, 1947, ch. 343 61 Stat. 501  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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956  706. Secretary of Commerce; current precipitation information; appropriation  There is authorized an expenditure as required, from any appropriations heretofore or hereafter made for flood control, rivers and harbors, and related purposes by the United States, for the establishment, operation, and maintenance by the Secretary of Commerce of a network of recording and nonrecording precipitation stations, known as the Hydroclimatic Network, whenever in the opinion of the Chief of Engineers and the Secretary of Commerce such service is advisable in connection with either preliminary examinations and surveys or works of improvement authorized by the law for flood control, rivers and harbors, and related purposes, and the Secretary of the Army upon the recommendation of the Chief of Engineers is authorized to allot the Secretary of Commerce funds for said expenditure. ( June 28, 1938, ch. 795,  8 52 Stat. 1226 July 26, 1947, ch. 343 61 Stat. 501 Sept. 3, 1954, ch. 1264 68 Stat. 1266  Editorial Notes Amendments 1954Act Sept. 3, 1954 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Executive Documents  Transfer of Functions Weather Bureau of Department of Commerce consolidated with Coast and Geodetic Survey to form a new agency in Department of Commerce to be known as Environmental Science Services Administration and office of Chief of Weather Bureau abolished by Reorg. Plan No. 2 of 1965, eff. July 13, 1965 79 Stat. 1318 Oct. 3, 1970 84 Stat. 2090 section 311 of Title 15  707. Sumner Dam and Lake Sumner; declaration of purpose; report to Congress; appropriation  The Sumner Dam and Lake Sumner on the Pecos River, New Mexico, is authorized and declared to be for the purposes of controlling floods, regulating the flow of the Pecos River, providing for storage and for delivery of stored waters, for the reclamation of lands, and other beneficial uses, and said dam and reservoir shall be used, first, for irrigation; second, for flood control and river regulation; and third, for other purposes. The Chief of Engineers and the Secretary of the Army are directed to report to the Congress the amount of the total cost of said Sumner Dam and Lake Sumner which is properly allocable to flood control. The appropriation and transfer of such amount from the general fund of the Treasury to the reclamation fund, for credit by reduction of the maximum obligation of the Carlsbad Irrigation District to repay the total cost thereof, is authorized. ( Aug. 11, 1939, ch. 699,  7 53 Stat. 1417 July 26, 1947, ch. 343 61 Stat. 501 Pub. L. 93447 Oct. 17, 1974 88 Stat. 1363  Editorial Notes Amendments 1974 Pub. L. 93447 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Alamogordo Dam and Reservoir Redesignated as Sumner Dam and Lake Sumner Pub. L. 93447 Oct. 17, 1974 88 Stat. 1363 That the Alamogordo Dam and Reservoir, New Mexico, referred to in the Act of August 11, 1939 53 Stat. 1414  708. Sale of surplus waters for domestic and industrial uses; disposition of moneys  The Secretary of the Army is authorized to make contracts with States, municipalities, private concerns, or individuals, at such prices and on such terms as he may deem reasonable, for domestic and industrial uses for surplus water that may be available at any reservoir under the control of the Department of the Army: Provided ( Dec. 22, 1944, ch. 665,  6 58 Stat. 890 July 26, 1947, ch. 343 61 Stat. 501 May 23, 1952, ch. 328,  1(a) 66 Stat. 93  Editorial Notes Amendments 1952Act May 23, 1952 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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Repeals Act May 23, 1952 act Oct. 31, 1951, ch. 654 65 Stat. 703 Section as Unaffected by Submerged Lands Act Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43 Conversion of Surplus Water Agreements Pub. L. 114322, title I,  1174 Dec. 16, 2016 130 Stat. 1673 For the purposes of section 6 of the Act of December 22, 1944 58 Stat. 890 33 U.S.C. 708 Dec. 16, 2016 43 U.S.C. 390b Executive Documents  Transfer of Functions For transfer of certain personal property and functions relating thereto, insofar as they pertain to Air Force, from Secretary of the Army and Department of the Army to Secretary of the Air Force and Department of the Air Force, see Secretary of Defense Transfer Order No. 39, eff. May 18, 1949 July 22, 1949  709. Regulations for use of storage waters; application to Tennessee Valley Authority  On and after December 22, 1944 Provided ( Dec. 22, 1944, ch. 665,  7 58 Stat. 890 July 26, 1947, ch. 343 61 Stat. 501  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 July 26, 1947 act Aug. 10, 1956, ch. 1041 70A Stat. 641 Aug. 10, 1956 Section as Unaffected by Submerged Lands Act Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43  709a. Information on floods and flood damage (a) Compilation and dissemination (1) In general In recognition of the increasing use and development of the flood plains of the rivers of the United States and of the need for information on flood hazards to serve as a guide to such development, and as a basis for avoiding future flood hazards by regulation of use by States and political subdivisions thereof, and to assure that Federal departments and agencies may take proper cognizance of flood hazards, the Secretary of the Army, through the Chief of Engineers, is hereby authorized to compile and disseminate information on floods and flood damages, including identification of areas subject to inundation by floods of various magnitudes and frequencies, identification of areas subject to floods due to accumulated snags and other debris, and general criteria for guidance of Federal and non-Federal interests and agencies in the use of flood plain areas; and to provide advice to other Federal agencies and local interests for their use in planning to ameliorate the flood hazard, to avoid repetitive flooding impacts, to anticipate, prepare, and adapt to changing climatic conditions and extreme weather events, and to withstand, respond to, and recover rapidly from disruption due to the flood hazards. (2) Surveys and guides Surveys and guides will be made for States and political subdivisions thereof only upon the request of a State or a political subdivision thereof, and upon approval by the Chief of Engineers, and such information and advice provided them only upon such request and approval. (3) Identification of assistance (A) In general To the maximum extent practicable, in providing assistance under this subsection, the Secretary shall identify and communicate to States and non-Federal interests specific opportunities to partner with the Corps of Engineers to address flood hazards. (B) Coordination The Secretary shall coordinate activities under this paragraph with activities described in section 1962d16 of title 42 (b) Flood prevention coordination The Secretary shall coordinate with the Administrator of the Federal Emergency Management Agency and the heads of other Federal agencies to ensure that flood control projects and plans are complementary and integrated to the extent practicable and appropriate. (c) Fees The Secretary of the Army is authorized to establish and collect fees from Federal agencies and private persons for the purpose of recovering the cost of providing services pursuant to this section. Funds collected pursuant to this section shall be deposited into the account of the Treasury of the United States entitled Contributions and Advances, Rivers and Harbor, Corps of Engineers (8862) and shall be available until expended to carry out this section. No fees shall be collected from State, regional, or local governments or other non-Federal public agencies for services provided pursuant to this section, but the Secretary of the Army may accept funds voluntarily contributed by such entities for the purpose of expanding the scope of the services requested by the entities. (d) Institutions of higher education Notwithstanding section 4141 of title 10 (e) Fiscal year limitation on expenditures The Secretary of the Army is authorized to expend not to exceed $50,000,000 per fiscal year for the compilation and dissemination of information under this section. ( Pub. L. 86645, title II,  206 July 14, 1960 74 Stat. 500 Pub. L. 89298, title II,  220 Oct. 27, 1965 79 Stat. 1089 Pub. L. 89789, title II,  206 Nov. 7, 1966 80 Stat. 1422 Pub. L. 91611, title II,  225 Dec. 31, 1970 84 Stat. 1832 Pub. L. 93251, title I,  64 Mar. 7, 1974 88 Stat. 30 Pub. L. 101640, title III,  321 Nov. 28, 1990 104 Stat. 4643 Pub. L. 10653, title II Aug. 17, 1999 113 Stat. 285 Pub. L. 109295, title VI,  612(c) Oct. 4, 2006 120 Stat. 1410 Pub. L. 113121, title I,  1030(h) June 10, 2014 128 Stat. 1232 Pub. L. 116260, div. AA, title I,  111(a) Dec. 27, 2020 134 Stat. 2625 Pub. L. 117263, div. H, title LXXXI,  8104 Dec. 23, 2022 136 Stat. 3698  Editorial Notes Amendments 2022 Pub. L. 117263,  8104(1) Subsec. (a). Pub. L. 117263,  8104(1) Subsec. (a)(1). Pub. L. 117263,  8104(1) Subsec. (a)(2). Pub. L. 117263,  8104(2)(A) Subsec. (a)(3). Pub. L. 117263,  8104(2)(C) Subsecs. (d), (e). Pub. L. 117263,  8104(3) 2020Subsec. (a). Pub. L. 116260 2014Subsec. (d). Pub. L. 113121 1999Subsec. (b). Pub. L. 10653,  216 Pub. L. 10653,  202 Subsecs. (c), (d). Pub. L. 10653,  216(1) 1990 Pub. L. 101640 1974Subsec. (b). Pub. L. 93251 1970Subsec. (b). Pub. L. 91611 1966Subsec. (a). Pub. L. 89789 Subsec. (b). Pub. L. 89789 1965Subsec. (b). Pub. L. 89298 Statutory Notes and Related Subsidiaries  Change of Name Administrator of the Federal Emergency Management Agency substituted for Director of the Federal Emergency Management Agency in subsec. (b) on authority of section 612(c) of Pub. L. 109295 section 313 of Title 6 Pub. L. 109295 Mar. 31, 2007 section 612(f)(2) of Pub. L. 109295 section 313 of Title 6 Watershed Planning and Technical Assistance Pub. L. 117263, div. H, title LXXXI,  8119(b) Dec. 23, 2022 136 Stat. 3711 In providing assistance under section 22 of the Water Resources Development Act of 1974 ( 42 U.S.C. 1962d16 33 U.S.C. 709a Prioritizing Flood Risk Resiliency Technical Assistance Pub. L. 116260, div. AA, title I,  111(b) Dec. 27, 2020 134 Stat. 2625 In carrying out section 206 of the Flood Control Act of 1960 ( 33 U.S.C. 709a [For definition of economically disadvantaged community as used in section 111(b) of div. AA of Pub. L. 116260 section 160 of div. AA of Pub. L. 116260 section 2201 of this title  709b. Flood hazard information  The Secretary, the Administrator of the Federal Emergency Management Agency, and the Administrator of the Soil Conservation Service shall take necessary actions, including the posting and distribution of information and the preparation and distribution of educational materials and programs, to ensure that information relating to flood hazard areas is generally available to the public. ( Pub. L. 99662, title IX,  944 Nov. 17, 1986 100 Stat. 4200 Pub. L. 109295, title VI,  612(c) Oct. 4, 2006 120 Stat. 1410  Statutory Notes and Related Subsidiaries  Change of Name Administrator of the Federal Emergency Management Agency substituted for Director of the Federal Emergency Management Agency in text on authority of section 612(c) of Pub. L. 109295 section 313 of Title 6 Pub. L. 109295 Mar. 31, 2007 section 612(f)(2) of Pub. L. 109295 section 313 of Title 6  Secretary Defined Secretary means the Secretary of the Army, see section 2201 of this title  709c. Emergency communication of risk (a) Definitions In this section: (1) Affected government The term affected government means a State, local, or tribal government with jurisdiction over an area that will be affected by a flood. (2) Annual operating plan The term annual operating plan means a plan prepared by the Secretary that describes potential water condition scenarios for a river basin for a year. (b) Communication In any river basin where the Secretary carries out flood risk management activities subject to an annual operating plan, the Secretary shall establish procedures for providing the public and affected governments, including Indian tribes, in the river basin with (1) timely information regarding expected water levels; (2) advice regarding appropriate preparedness actions; (3) technical assistance; and (4) any other information or assistance determined appropriate by the Secretary. (c) Public availability of information To the maximum extent practicable, the Secretary, in coordination with the Administrator of the Federal Emergency Management Agency, shall make the information required under subsection (b) available to the public through widely used and readily available means, including on the Internet. (d) Procedures The Secretary shall use the procedures established under subsection (b) only when precipitation or runoff exceeds those calculations considered as the lowest risk to life and property contemplated by the annual operating plan. ( Pub. L. 113121, title III,  3027 June 10, 2014 128 Stat. 1305  Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121 section 2201 of this title CHAPTER 16 LIGHTHOUSES    Sec.  711 734. Repealed or Transferred.  735. Marking pierheads in certain lakes.  736 776. Repealed or Transferred.  711 to 713. Repealed. Pub. L. 117263, div. K, title CXVIII,  11808(a)(2) Dec. 23, 2022 136 Stat. 4165   Section 711, acts June 17, 1910, ch. 301,  4 36 Stat. 537 Mar. 4, 1913, ch. 141,  1 37 Stat. 736 June 5, 1920, ch. 264,  2 41 Stat. 1059 July 3, 1930, ch. 850 46 Stat. 1003 Aug. 16, 1937, ch. 665,  4 50 Stat. 667  Act June 5, 1920, ch. 264,  2 41 Stat. 1059 section 711 of this title Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 644  Section 712, acts July 27, 1912, ch. 255,  2 37 Stat. 239 Mar. 4, 1913, ch. 141,  1 37 Stat. 736  Section 713, acts June 17, 1910, ch. 301,  10 36 Stat. 538 Mar. 4, 1913, ch. 141,  1 37 Stat. 736  714, 715. Repealed. Pub. L. 117263, div. K, title CXVIII,  11808(a)(5) Dec. 23, 2022 136 Stat. 4165   Section 714, acts June 17, 1910, ch. 301,  6 36 Stat. 538 Mar. 4, 1913, ch. 141,  1 37 Stat. 736  Section 715, act June 17, 1910, ch. 301,  5 36 Stat. 537 Statutory Notes and Related Subsidiaries Operation of Repeals Pub. L. 117263, div. K, title CXVIII,  11808(b) Dec. 23, 2022 136 Stat. 4166 The repeals under paragraphs (5) and (6) of subsection (a) [repealing sections 714 and 715 of this title] shall not affect the operation of section 103 of title 14  716. Repealed. Aug. 4, 1949, ch. 393,  20 63 Stat. 561   Section, acts June 17, 1910, ch. 301,  9 36 Stat. 538 July 27, 1939, ch. 388,  1 53 Stat. 1130 section 902 of Title 14 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective first day of third month after approval by President [ Aug. 4, 1949 Aug. 4, 1949  717. Repealed. Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4759   Section, act June 17, 1910, ch. 301,  11 36 Stat. 539 June 17, 1910 section 743 of this title  717a. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 647   Section, act Feb. 25, 1929, ch. 313,  5 45 Stat. 1262  718. Repealed. Aug. 4, 1949, ch. 393,  20 63 Stat. 561   Section, act Feb. 26, 1907, ch. 1638,  6 34 Stat. 997 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective first day of third month after approval by President [ Aug. 4, 1949 Aug. 4, 1949  719. Repealed. Pub. L. 117263, div. K, title CXVIII,  11808(a)(7) Dec. 23, 2022 136 Stat. 4165   Section, R.S.  4679, provided that no additional salary should be allowed to any civil, military, or naval officer on account of his being employed on the Light-House Board, or being in any manner attached to the light-house service.  720, 720a. Repealed. Aug. 4, 1949, ch. 393,  20 63 Stat. 561   Section 720, acts June 17, 1910, ch. 301,  7 36 Stat. 538 Mar. 4, 1913, ch. 141,  1 37 Stat. 736 section 541 of Title 14  Section 720a, act Aug. 16, 1937, ch. 665,  3 50 Stat. 667 section 541 of Title 14 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective first day of third month after approval by President [ Aug. 4, 1949 Aug. 4, 1949  721. Repealed. Pub. L. 117263, div. K, title CXVIII,  11808(a)(2) Dec. 23, 2022 136 Stat. 4165   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  721a to 724. Repealed. Aug. 4, 1949, ch. 393,  20 63 Stat. 561   Section 721a, acts Aug. 16, 1937, ch. 665,  2 50 Stat. 667 July 11, 1941, ch. 290,  2 55 Stat. 585 section 546 of Title 14  Section 722, acts July 7, 1884, ch. 332 23 Stat. 198 June 17, 1910, ch. 301,  6 36 Stat. 538  Section 723, act Mar. 4, 1909, ch. 299,  1 35 Stat. 973  Section 724, acts June 17, 1910, ch. 301,  8 36 Stat. 538 Mar. 4, 1913, ch. 141,  1 37 Stat. 736 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective first day of third month after approval by President [ Aug. 4, 1949 Aug. 4, 1949  725. Repealed. Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4759   Section, R.S.  4680; acts June 17, 1910, ch. 301 36 Stat. 538 June 20, 1918, ch. 103,  7 40 Stat. 608 July 1, 1939 53 Stat. 1432 Aug. 4, 1949, ch. 393 63 Stat. 496 Editorial Notes Codification R.S.  4680 derived from act Aug. 31, 1852, ch. 112,  17 10 Stat. 120 Statutory Notes and Related Subsidiaries Savings Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4759 Notwithstanding any repeals made by this section [repealing this section and sections 717, 727, 728, 730a, 743, 745a, 747b, 748, 754a, 7631, 7632, 763a1, and 770 to 772 of this title], any individual beneficiary currently receiving payments under the authority of any provisions repealed in this section shall continue to receive such benefits.  726. Repealed. Aug. 4, 1949, ch. 393,  20 63 Stat. 561   Section, act Mar. 4, 1913, ch. 168 37 Stat. 1018 section 940 of Title 14 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective first day of third month after approval by the President [ Aug. 4, 1949 Aug. 19, 1949  727. Repealed. Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4759   Section, R.S.  4661, related to necessity for cession by State of jurisdiction for building of lighthouses and other sites. Editorial Notes Codification R.S.  4661 derived from act Mar. 3, 1821, ch. 52,  3 3 Stat. 644  728. Repealed. Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4759   Section, R.S.  4662, related to sufficiency of cession by State and service of State process in lands ceded. Editorial Notes Codification R.S.  4662 derived from act Mar. 2, 1795, ch. 40 1 Stat. 426  729, 730. Repealed. Aug. 4, 1949, ch. 393,  20 63 Stat. 561   Section 729, acts June 17, 1910, ch. 301,  9 36 Stat. 538 Mar. 4, 1913, ch. 141,  1 37 Stat. 736  Section 730, acts Mar. 4, 1913, ch. 168 37 Stat. 1018 Mar. 4, 1913, ch. 141,  1 37 Stat. 736 Oct. 22, 1913, ch. 32 38 Stat. 225 section 501(f) of Title 14 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective first day of third month after approval by President [ Aug. 4, 1949 Aug. 19, 1949  730a. Repealed. Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4759   Section, acts Mar. 3, 1875, ch. 130,  1 18 Stat. 372 Mar. 4, 1913, ch. 141,  1 37 Stat. 736 July 1, 1939 53 Stat. 1432 Pub. L. 89670,  6(b)(1) Oct. 15, 1966 80 Stat. 938 Editorial Notes Codification Section was based on last paragraph under heading FOR LIFE-SAVING AND LIFE-BOAT STATIONS of act Mar. 3, 1875, ch. 130 18 Stat. 372 act Aug. 4, 1949, ch. 393,  20 63 Stat. 561 section 92(f) of Title 14 Section 92(f) of Title 14 section 501(f) of Title 14  731, 732. Repealed. Aug. 4, 1949, ch. 393,  20 63 Stat. 561   Section 731, acts Mar. 4, 1909, ch. 299,  1 35 Stat. 972 June 17, 1910, ch. 301,  6 36 Stat. 538 section 501 of Title 14  Section 732, acts Aug. 28, 1916, ch. 414,  2 39 Stat. 538 July 11, 1941, ch. 290,  1 55 Stat. 584 section 501 of Title 14 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective first day of third month after approval by President [ Aug. 4, 1949 Aug. 4, 1949  733. Transferred  Editorial Notes Codification Section, R.S.  355; June 28, 1930, ch. 710 46 Stat. 828 Feb. 1, 1940, ch. 18 54 Stat. 19 Oct. 9, 1940, ch. 793 54 Stat. 1083 Sept. 1, 1970 Pub. L. 91393,  1 84 Stat. 835 Pub. L. 107217 Aug. 21, 2002 116 Stat. 1062 Pub. L. 108178,  2(a)(8) Dec. 15, 2003 117 Stat. 2638  734. Repealed. Aug. 4, 1949, ch. 393,  20 63 Stat. 561   Section, R.S.  4678, related to coloring and numbering buoys. Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective first day of third month after approval by President [ Aug. 4, 1949 Aug. 4, 1949  735. Marking pierheads in certain lakes  The Commandant of the Coast Guard shall properly mark all pierheads belonging to the United States situated on the northern and northwestern lakes, whenever he is duly notified by the department charged with the construction or repair of pierheads that the construction or repair of any such pierheads has been completed. (R.S.  4677; June 17, 1910, ch. 301 36 Stat. 538 July 1, 1939 53 Stat. 1432 Aug. 4, 1949, ch. 393 63 Stat. 496  Editorial Notes Codification R.S.  4677 derived from act July 15, 1870, ch. 292,  3 16 Stat. 309 Statutory Notes and Executive Documents  Transfer of Functions Commandant of the Coast Guard substituted in text for Light-House Board on authority of sections 6 and 13 of act June 17, 1910 Aug. 4, 1949 For transfer of functions of other officers, employees, and agencies of Department of the Treasury, with certain exceptions, to Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950,  1, 2, eff. July 31, 1950 64 Stat. 1280 Coast Guard transferred to Department of Transportation, and all functions, powers, and duties relating to Coast Guard of Secretary of the Treasury and of other officers and offices of Department of the Treasury transferred to Secretary of Transportation by Pub. L. 89670,  6(b)(1) Oct. 15, 1966 80 Stat. 938 Section 6(b)(2) of Pub. L. 89670 section 108 of Title 49 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 section 542 of Title 6  736. Repealed. Aug. 4, 1949, ch. 393,  20 63 Stat. 561   Section, R.S.  4676; acts June 10, 1910, ch. 301,  6 36 Stat. 538 Aug. 16, 1937, ch. 665,  1 50 Stat. 666 section 545 of Title 14 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective first day of third month after approval by President [ Aug. 4, 1949 Aug. 4, 1949  737. Repealed. Pub. L. 117263, div. K, title CXVIII,  11808(a)(8) Dec. 23, 2022 136 Stat. 4165   Section, act May 14, 1908, ch. 168,  4 35 Stat. 162 act June 17, 1910, ch. 301,  6 36 Stat. 538 section 548 of Title 14  738. Repealed. Pub. L. 117263, div. K, title CXVIII,  11808(a)(9) Dec. 23, 2022 136 Stat. 4165   Section, acts June 5, 1920, ch. 235,  1 41 Stat. 880 Aug. 4, 1949, ch. 393,  20 63 Stat. 563 Aug. 4, 1949 July 1, 1939 53 Stat. 1432  739 to 740b. Repealed. Aug. 4, 1949, ch. 393,  20 63 Stat. 561   Section 739, R.S.  4668, related to substitution of lighthouses for lightships.  Section 740, acts Mar. 3, 1915, ch. 81,  5 38 Stat. 927 Aug. 28, 1916, ch. 414,  3 39 Stat. 538 June 20, 1918, ch. 103,  5 40 Stat. 608 June 5, 1920, ch. 235,  1 41 Stat. 927  Section 740a, act May 22, 1926, ch. 371,  6 44 Stat. 626  Section 740b, acts June 23, 1874, ch. 455,  1 18 Stat. 220 June 17, 1910, ch. 301,  6 36 Stat. 538  Sections covered by section 541 of Title 14 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective first day of third month after approval by President [ Aug. 4, 1949 Aug. 4, 1949  741, 742. Repealed. June 6, 1940, ch. 257 54 Stat. 247   Section 741, acts May 14, 1908, ch. 168,  7 35 Stat. 162 June 17, 1910, ch. 301,  6 36 Stat. 538 Mar. 4, 1913, ch. 141,  1 37 Stat. 736  Section 742, R.S.  4674; acts Feb. 14, 1903, ch. 552,  10 32 Stat. 829 June 17, 1910, ch. 301,  6 36 Stat. 538 Mar. 4, 1913, ch. 141,  1 37 Stat. 736  Provisions of section 742 were substantially incorporated into sections 501 and 504 of Title 14, Coast Guard.  743. Repealed. Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4759   Section, acts June 17, 1910, ch. 301,  11 36 Stat. 538 May 17, 1932, ch. 190 47 Stat. 158 June 17, 1910 section 717 of this title Editorial Notes Prior Provisions Prior provisions for the arrangement of the various lighthouse districts were made by R.S.  4670; act July 26, 1886, ch. 779 24 Stat. 148 June 17, 1910  744. Repealed. Pub. L. 117263, div. K, title CXVIII,  11808(a)(10) Dec. 23, 2022 136 Stat. 4165   Section, act June 20, 1918, ch. 103,  7 40 Stat. 608  745. Repealed. Aug. 4, 1949, ch. 393,  20 63 Stat. 561   Section, R.S.  4673; act June 20, 1918, ch. 103,  8 40 Stat. 609 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective first day of third month after approval by President [ Aug. 4, 1949 Aug. 4, 1949  745a. Repealed. Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4759   Section, act May 13, 1938, ch. 215,  1 52 Stat. 353 July 1, 1939 53 Stat. 1432 Pub. L. 89670,  6(b)(1) Oct. 15, 1966 80 Stat. 938  746 to 746b. Repealed. Aug. 4, 1949, ch. 393,  20 63 Stat. 565   Section 746, act June 29, 1949, ch. 277,  1 63 Stat. 299  Section 746a, act June 29, 1949, ch. 277,  2 63 Stat. 299  Section 746b, act June 29, 1949, ch. 277,  3 63 Stat. 300 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective first day of third month after approval by President [ Aug. 4, 1949 Aug. 4, 1949  747, 747a. Repealed. July 1, 1944, ch. 373 58 Stat. 714   Section 747, act Aug. 28, 1916, ch. 414,  5 39 Stat. 538 section 763c of this title Aug. 28, 1916 act Aug. 4, 1949, ch. 393,  20 63 Stat. 561  Section 747a, act May 22, 1926, ch. 371,  3 44 Stat. 626 section 763c of this title May 22, 1926 act Aug. 4, 1949, ch. 393,  20 63 Stat. 561 Statutory Notes and Related Subsidiaries Renumbering of Repealing Act Title XIII,  1313, formerly title VI,  611, of act July 1, 1944 act Aug. 13, 1946, ch. 958,  5 60 Stat. 1049 act Feb. 28, 1948, ch. 83,  9(b) 62 Stat. 47 act July 30, 1956, ch. 779,  3(b) 70 Stat. 721 Pub. L. 88581,  4(b) Sept. 4, 1964 78 Stat. 919 Pub. L. 89239,  3(b) Oct. 6, 1965 79 Stat. 931 Pub. L. 91572,  6(b) Dec. 24, 1970 84 Stat. 1506 Pub. L. 92294,  3(b) May 16, 1972 86 Stat. 137 Pub. L. 93154,  2(b)(2) Nov. 16, 1973 87 Stat. 604 Pub. L. 93222,  7(b) Dec. 29, 1973 87 Stat. 936  747b. Repealed. Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4759   Section, act Feb. 25, 1929, ch. 313,  1 45 Stat. 1261 July 1, 1939 53 Stat. 1432 Pub. L. 89670,  6(b)(1) Oct. 15, 1966 80 Stat. 938  748. Repealed. Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4759   Section, act June 20, 1918, ch. 103,  2 40 Stat. 608 July 1, 1939 53 Stat. 1432 Pub. L. 89670,  6(b)(1) Oct. 15, 1966 80 Stat. 938  748a. Repealed. Pub. L. 117263, div. K, title CXVIII,  11808(a)(11) Dec. 23, 2022 136 Stat. 4165   Section, act May 13, 1938, ch. 215,  2 52 Stat. 353 July 1, 1939 53 Stat. 1432 Pub. L. 89670,  6(b)(1) Oct. 15, 1966 80 Stat. 938  749. Repealed. Aug. 4, 1949, ch. 393,  20 63 Stat. 561   Section, acts July 27, 1912, ch. 255,  2 37 Stat. 239 Mar. 4, 1913, ch. 141,  1 37 Stat. 736 section 2777 of Title 14 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective first day of third month after approval by President [ Aug. 4, 1949 Aug. 4, 1949  750. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 642   Section, act Aug. 1, 1914, ch. 223,  1 38 Stat. 658  751 to 752a. Repealed. Aug. 4, 1949, ch. 393,  20 63 Stat. 561   Section 751, act Mar. 3, 1915, ch. 81,  4 38 Stat. 927  Section 752, acts Mar. 4, 1913, ch. 168 37 Stat. 1019 Mar. 4, 1913, ch. 141,  1 37 Stat. 736 section 504 of Title 14  Section 752a, act May 22, 1926, ch. 371,  5 44 Stat. 626 section 901 of Title 14 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective first day of third month after approval by President [ Aug. 4, 1949 Aug. 4, 1949  752b. Repealed. Pub. L. 117263, div. K, title CXVIII,  11808(a)(12) Dec. 23, 2022 136 Stat. 4165   Section, act June 15, 1938, ch. 398 52 Stat. 692 section 901 of Title 14  753, 754. Repealed. Aug. 4, 1949, ch. 393,  20 63 Stat. 561   Section 753, act June 20, 1918, ch. 103,  4 40 Stat. 608  Section 754, acts July 27, 1912, ch. 255,  2 37 Stat. 239 Mar. 4, 1913, ch. 141,  1 37 Stat. 736 section 2708 of Title 14 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective first day of third month after approval by President [ Aug. 4, 1949 Aug. 4, 1949  754a. Repealed. Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4759   Section, act May 22, 1926, ch. 371,  4 44 Stat. 626 Pub. L. 115232, div. C, title XXXV,  3533(c)(3) Aug. 13, 2018 132 Stat. 2321  755 to 762. Repealed. Aug. 4, 1949, ch. 393,  20 63 Stat. 561   Section 755, act June 16, 1880, ch. 235 21 Stat. 263 section 522 of Title 14  Section 756, act Mar. 3, 1915, ch. 81,  6 38 Stat. 928 section 701 of Title 14  Section 757, act Aug. 29, 1916, ch. 417 39 Stat. 602  Section 758, act Aug. 29, 1916, ch. 417 39 Stat. 602  Section 759, acts June 20, 1906, ch. 3447,  3 34 Stat. 324 June 17, 1910, ch. 301,  6 36 Stat. 538 section 542 of Title 14  Section 760, act May 14, 1908, ch. 168,  5 35 Stat. 162 section 544 of Title 14  Section 761, acts May 14, 1908, ch. 168,  6 35 Stat. 162 June 17, 1910, ch. 301,  6 36 Stat. 538 section 543 of Title 14  Section 762, act Mar. 3, 1915, ch. 81,  8 38 Stat. 928 section 543 of Title 14 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective first day of third month after approval by President [ Aug. 4, 1949 Aug. 4, 1949  763. Repealed. Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4757 Pub. L. 117263, div. K, title CXVIII,  11808(a)(13) Dec. 23, 2022 136 Stat. 4165   Section, acts June 20, 1918, ch. 103,  6 40 Stat. 608 Nov. 4, 1918, ch. 201,  1 40 Stat. 1036 June 21, 1955, ch. 170,  1 69 Stat. 166 Pub. L. 85142 Aug. 14, 1957 71 Stat. 365 Pub. L. 90164,  1 Nov. 29, 1967 81 Stat. 519 Pub. L. 92455,  6(a) Oct. 2, 1972 86 Stat. 761 Editorial Notes Codification Section 763 consisted mostly of provisions from section 6 of act June 20, 1918 Nov. 4, 1918 section 2532 of Title 14 June 20, 1918 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4757 Nov. 4, 1918 Pub. L. 117263, div. K, title CXVIII,  11808(a)(13) Dec. 23, 2022 136 Stat. 4165  7631. Repealed. Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4759   Section, act Oct. 29, 1949, ch. 788 63 Stat. 1026 June 29, 1949 Statutory Notes and Related Subsidiaries Certain Pay Increases Unaffected by Repeal Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4760 Notwithstanding the repeals made under paragraphs (10) and (11) of subsection (a) [repealing this section and section 763a1 of this title October 29, 1949 33 U.S.C. 7631 July 9, 1956 33 U.S.C. 7632  7632. Repealed. Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4759   Section, act July 9, 1956, ch. 524 70 Stat. 510  763a. Repealed. Aug. 4, 1949, ch. 393,  20 63 Stat. 561   Section, act May 22, 1926, ch. 371,  7 44 Stat. 626 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective first day of third month after approval by President [ Aug. 4, 1949 Aug. 4, 1949  763a1. Repealed. Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4759   Section, act Aug. 10, 1939, ch. 642 53 Stat. 1343 Statutory Notes and Related Subsidiaries Certain Pay Increases Unaffected by Repeal For pay increases remaining in effect notwithstanding repeals by section 8512(a)(10) and (11) of Pub. L. 116283 section 8512(b)(2) of Pub. L. 116283 section 7631 of this title  763a2. Repealed. Pub. L. 117263, div. K, title CXVIII,  11808(a)(14) Dec. 23, 2022 136 Stat. 4165   Section, act June 6, 1940, ch. 257,  7 54 Stat. 247  763b. Repealed. July 1, 1944, ch. 373 58 Stat. 714   Section, act June 24, 1930, ch. 597 46 Stat. 807 July 1, 1939 53 Stat. 1424 Statutory Notes and Related Subsidiaries Renumbering of Repealing Act Title XIII,  1313, formerly title VI,  611, of act July 1, 1944 act Aug. 13, 1946, ch. 958,  5 60 Stat. 1049 act Feb. 28, 1948, ch. 83,  9(b) 62 Stat. 47 act July 30, 1956, ch. 779,  3(b) 70 Stat. 721 Pub. L. 88581,  4(b) Sept. 4, 1964 78 Stat. 919 Pub. L. 89239,  3(b) Oct. 6, 1965 79 Stat. 931 Pub. L. 91572,  6(b) Dec. 24, 1970 84 Stat. 1506 Pub. L. 92294,  3(b) May 16, 1972 86 Stat. 137 Pub. L. 93154,  2(b)(2) Nov. 16, 1973 87 Stat. 604 Pub. L. 93222,  7(b) Dec. 29, 1973 87 Stat. 936  763c. Repealed. Pub. L. 93222,  7(b) Dec. 29, 1973 87 Stat. 936   Section, act July 1, 1944, ch. 373, title XIII,  1310(b) 58 Stat. 714 act Aug. 13, 1946, ch. 958,  5 60 Stat. 1049 act July 30, 1956, ch. 779,  3(b) 70 Stat. 721 Pub. L. 88581,  4(b) Sept. 4, 1964 78 Stat. 919 Pub. L. 89239,  3(b) Oct. 6, 1965 79 Stat. 931 Pub. L. 91572,  6(b) Dec. 24, 1970 84 Stat. 1506 Pub. L. 92294,  3(b) May 16, 1972 86 Stat. 137 Pub. L. 93154,  2(b)(2) Nov. 16, 1973 87 Stat. 604  764. Repealed. Pub. L. 117263, div. K, title CXVIII,  11808(a)(15) Dec. 23, 2022 136 Stat. 4166   Section, act Mar. 4, 1921, ch. 161,  1 41 Stat. 1417 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4759 Mar. 4, 1921  765, 766. Repealed. Pub. L. 117263, div. K, title CXVIII,  11808(a)(16) Dec. 23, 2022 136 Stat. 4166   Section 765, act Mar. 4, 1925, ch. 523,  1 43 Stat. 1261 July 1, 1939 53 Stat. 1432 Pub. L. 89670,  6(b)(1) Oct. 15, 1966 80 Stat. 938  Section 766, act Mar. 4, 1925, ch. 523,  2 43 Stat. 1262 July 1, 1939 53 Stat. 1432 Pub. L. 89670,  6(b)(1) Oct. 15, 1966 80 Stat. 938  767 to 769. Repealed. Aug. 4, 1949, ch. 393,  20 63 Stat. 561   Section 767, acts Mar. 3, 1915, ch. 81,  7 38 Stat. 928 June 20, 1918, ch. 103,  7 40 Stat. 608  Section 768, acts Aug. 24, 1912, ch. 355,  8 37 Stat. 487 Mar. 3, 1915, ch. 81,  7 38 Stat. 928 June 20, 1918, ch. 103,  7 40 Stat. 608 June 6, 1939, ch. 185 53 Stat. 810  Section 769, act Feb. 25, 1929, ch. 313,  3 45 Stat. 1262 section 541 of Title 14 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective first day of third month after approval by President [ Aug. 4, 1949 Aug. 4, 1949  770. Repealed. Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4759   Section, act May 13, 1938, ch. 215,  3 52 Stat. 353 July 1, 1939 53 Stat. 1432 Pub. L. 89670,  6(b)(1) Oct. 15, 1966 80 Stat. 938  771. Repealed. Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4759   Section, act Aug. 19, 1950, ch. 761,  1 64 Stat. 465 Pub. L. 85351,  1 Mar. 28, 1958 72 Stat. 49 Pub. L. 89670,  6(b)(1) Oct. 15, 1966 80 Stat. 938 Pub. L. 90163,  1 Nov. 29, 1967 81 Stat. 518 Pub. L. 90167,  1(a) Nov. 29, 1967 81 Stat. 520 Pub. L. 98557,  15(b)(1) Oct. 30, 1984 98 Stat. 2866 Statutory Notes and Related Subsidiaries Savings For continuation of benefit payments notwithstanding repeals made by section 8512 of Pub. L. 116283 section 8512(b)(1) of Pub. L. 116283 section 725 of this title Increase in Widows Benefits and Effective Date of Increase Pub. L. 94170 Dec. 23, 1975 89 Stat. 1022  That the benefits payable under section 1 or section 2 of the Act of August 19, 1950 64 Stat. 465 33 U.S.C. 771 Dec. 23, 1975 Sec. 2. The increases under this Act shall apply to benefits which commence before, on, or after the date of enactment of this Act [ Dec. 23, 1975 Dec. 23, 1975 Cost-of-Living Adjustment to Widows Annuity Pub. L. 90163,  2 Nov. 29, 1967 81 Stat. 518 Each annuity payable under the Act entitled An Act to provide benefits for widows of certain persons who were retired or are eligible for retirement under section 6 of the Act entitled An Act to authorize aids to navigation and for other works in the Lighthouse Service, and for other purposes, approved June 20, 1918 August 19, 1950 33 U.S.C. 771775 June 20, 1918 33 U.S.C. 763 section 8340(b) of title 5  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 section 542 of Title 6 Executive Documents  Transfer of Functions Bureau of Lighthouses, of which Lighthouse Service was a part, transferred and consolidated with Coast Guard under Secretary of the Treasury by Reorg. Plan No. II of 1939,  2(a), eff. July 1, 1939 33 Stat. 1432 section 6(b)(1) of Pub. L. 89670 section 108 of Title 49  772. Repealed. Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4759   Section, Aug. 19, 1950, ch. 761,  2 64 Stat. 466 Pub. L. 85351,  1 Mar. 28, 1958 72 Stat. 49 Pub. L. 89670,  6(b)(1) Oct. 15, 1966 80 Stat. 938 Pub. L. 90163,  1 Nov. 29, 1967 81 Stat. 518 Pub. L. 90167,  1(b) Nov. 29, 1967 81 Stat. 520 Pub. L. 98557,  15(b)(2) Oct. 30, 1984 98 Stat. 2866 Statutory Notes and Related Subsidiaries Savings For continuation of benefit payments notwithstanding repeals made by section 8512 of Pub. L. 116283 section 8512(b)(1) of Pub. L. 116283 section 725 of this title  773. Transferred  Editorial Notes Codification Section, act Aug. 19, 1950, ch. 761,  3 64 Stat. 466 section 2534(a) of Title 14 Pub. L. 117263, div. K, title CXVIII,  11808(a)(18) Dec. 23, 2022 136 Stat. 4166 section 2534 of Title 14  774. Transferred  Editorial Notes Codification Section, Aug. 19, 1950, ch. 761,  4 64 Stat. 466 section 2534(b) of Title 14 Pub. L. 117263, div. K, title CXVIII,  11808(a)(18) Dec. 23, 2022 136 Stat. 4166 section 2534 of Title 14  775. Repealed. Pub. L. 117263, div. K, title CXVIII,  11808(a)(17) Dec. 23, 2022 136 Stat. 4166   Section, act Aug. 19, 1950, ch. 761,  5 64 Stat. 466  776. Transferred  Editorial Notes Codification Section, Pub. L. 11274, div. C, title V Dec. 23, 2011 125 Stat. 919 section 2534(c) of Title 14 Pub. L. 117263, div. K, title CXVIII,  11808(a)(18) Dec. 23, 2022 136 Stat. 4166 section 2534 of Title 14 CHAPTER 17 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION    SUBCHAPTER IGENERAL PROVISIONS  Sec.  851 852b. Repealed or Omitted.  853. Power to settle claims.  853a 853o Repealed.  853o Credit of service as deck officer or junior engineer and certain other active service for retirement and retirement pay.  853p 854. Repealed.  854a. Service credit as deck officer or junior engineer for promotion purposes.  854a1. Temporary appointment or advancement of commissioned officers in time of war or national emergency.  854a2. Pay and allowances; date of acceptance of promotion.  854b 85712. Repealed.  85713. National Advisory Committee on Oceans and Atmosphere.  85714. Membership.  85715. Reports.  85716. Compensation and travel expenses.  85717. Interagency cooperation and assistance.  85718. Authorization of appropriations.  85719. Biennial report.  85720 872. Repealed or Omitted.  873. Extra compensation for instrument observers, recorders and other Federal employees for oceanographic, seismographic and magnetic observations.  874. Repealed.  875. Powers of officers as notaries.  876. Fees for notarial acts; prima facie evidence of authority.  877. Appropriations; advances from.  878. Appropriations; purchases from.  878a. Contract for development of a major program; costs; Major Program Annual Report for satellite development program.  878b. Safety and health regulations for scientific and occupational diving.  SUBCHAPTER IISURVEYS  881 883. Repealed.  883a. Surveys and other activities.  883b. Dissemination of data; further activities.  883c. Geomagnetic data; collection, correlation, and dissemination.  883d. Improvement of methods, instruments, and equipments; investigations and research.  883e. Agreements for surveys and investigations; contribution of costs incurred by National Oceanic and Atmospheric Administration.  883f. Contracts with qualified organizations.  883g. Repealed.  883h. Employment of public vessels.  883i. Authorization of appropriations.  883j. Ocean satellite data.  883k. Acquisition of land for facilities.  883l Contracts for surveying and mapping services.  884. Power to use books, maps, etc., and to employ persons.  885 890. Repealed or Omitted.  SUBCHAPTER IIINOAA FLEET MODERNIZATION  891. Definitions.  891a. Fleet replacement and modernization program.  891b. Fleet replacement and modernization Plan.  891c. Design of NOAA vessels.  891d. Contract authority.  891e. Restriction with respect to certain shipyard subsidies.  891e1. Shipyards located outside of the United States.  891f. Use of vessels.  891g. Interoperability.  891h. Authorization of appropriations.  SUBCHAPTER IVNOAA HYDROGRAPHIC SERVICES  892. Definitions.  892a. Functions of the Administrator.  892b. Quality assurance program.  892c. Hydrographic Services Review Panel.  892d. Authorization of appropriations.  SUBCHAPTER VRESEARCH, DEVELOPMENT, EDUCATION, AND INNOVATION  893. Ocean and atmospheric research and development program.  893a. NOAA ocean and atmospheric science education programs.  893b. NOAAs contribution to innovation.  893c. Workforce study.  SUBCHAPTER VISEXUAL HARASSMENT AND ASSAULT PREVENTION  894. Actions to address sexual harassment at National Oceanic and Atmospheric Administration.  894a. Actions to address sexual assault at National Oceanic and Atmospheric Administration.  894b. Rights of the victim of a sexual assault.  894c. Change of station.  894d. Applicability of policies to crews of vessels secured by National Oceanic and Atmospheric Administration under contract.  894d1. Investigation requirement.  894d2. Criminal referral.  894e. Annual report on sexual assaults in the National Oceanic and Atmospheric Administration.  894f. Sexual assault defined. SUBCHAPTER I GENERAL PROVISIONS  Statutory Notes and Related Subsidiaries Acquisition of Aircraft for Agency Air, Atmosphere, and Weather Reconnaissance and Research Mission Pub. L. 117263, div. K, title CXVII,  11708 Dec. 23, 2022 136 Stat. 4158  (a)  Increased Fleet Capacity. (1)  In general The Under Secretary of Commerce for Oceans and Atmosphere shall acquire adequate aircraft platforms with the necessary observation and modification requirements (A) to meet agency-wide air reconnaissance and research mission requirements, particularly with respect to hurricanes and tropical cyclones, and also for atmospheric chemistry, climate, air quality for public health, full-season fire weather research and operations, full-season atmospheric river air reconnaissance observations, and other mission areas; and (B) to ensure data and information collected by the aircraft are made available to all users for research and operations purposes. (2)  Contracts In carrying out paragraph (1), the Under Secretary shall negotiate and enter into 1 or more contracts or other agreements, to the extent practicable and necessary, with 1 or more governmental or nongovernmental entities. (b)  Acquisition of Aircraft To Replace WP3D Aircraft Subject to the availability of appropriations, the Under Secretary may enter into a contract for the acquisition of up to 6 aircraft to replace the WP3D aircraft that provides for (1) the first newly acquired aircraft to be fully operational before the retirement of the last WP3D aircraft operated by the National Oceanic and Atmospheric Administration; and (2) the second newly acquired aircraft to be fully operational not later than 1 year after the first such aircraft is required to be fully operational under subparagraph (A). (c)  Acquisition of Aircraft to Replace End of Life-cycle Aircraft Subject to the availability of appropriations, the Under Secretary shall maintain the ability of the National Oceanic and Atmospheric Administration to meet agency air reconnaissance and research mission requirements by acquiring new aircraft prior to the end of the service life of the aircraft being replaced with sufficient lead time that the replacement aircraft is fully operation [sic] prior to the retirement of the aircraft it is replacing. (d)  Authorization of Appropriations For fiscal year 2023, there is authorized to be appropriated to the Under Secretary $800,000,000 for the acquisition of aircraft under this section. Co-Location Agreements Pub. L. 116259, title V,  502 Dec. 23, 2020 134 Stat. 1178  (a)  In General During fiscal years 2021 through 2030, and subject to the availability of appropriations, the Administrator of the National Oceanic and Atmospheric Administration may execute noncompetitive co-location agreements for real property and incidental goods and services with entities described in subsection (b) for periods of not more than 20 years, if each such agreement is supported by a price reasonableness analysis. (b)  Entities Described An entity described in this subsection is (1) the government of any State, territory, possession, or locality of the United States; (2) any Tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 (3) any subdivision of (A) a government described in paragraph (1); or (B) an organization described in paragraph (2); or (4) any organization that is (A) organized under the laws of the United States or any jurisdiction within the United States; and (B) described in section 501(c) of the Internal Revenue Code of 1986 [ 26 U.S.C. 501(c) (c)  Collaboration Agreements Upon the execution of an agreement authorized by subsection (a) with an entity, the Administrator may enter into agreements with the entity to collaborate or engage in projects or programs on matters of mutual interest for periods not to exceed the term of the agreement. The cost of such agreements shall be apportioned equitably, as determined by the Administrator. (d)  Savings Clause Nothing in this section shall be construed (1) to affect the authority of the Administrator of General Services; or (2) to grant the Administrator of the National Oceanic and Atmospheric Administration any additional authority to enter into a lease without approval of the General Services Administration.  851. Omitted  Editorial Notes Codification Section, Pub. L. 105277, div. A,  101(b) [title II] Oct. 21, 1998 112 Stat. 268150 September 30, 1999 Similar provisions were contained in the following prior appropriation acts: Pub. L. 105119, title II Nov. 26, 1997 111 Stat. 2477 Pub. L. 104208, div. A, title I,  101(a) [title II] Sept. 30, 1996 110 Stat. 3009 Pub. L. 104134, title I,  101[(a)] Apr. 26, 1996 110 Stat. 1321 Pub. L. 104140,  1(a) May 2, 1996 110 Stat. 1327 Pub. L. 103317, title II Aug. 26, 1994 108 Stat. 1741 Pub. L. 103121, title II Oct. 27, 1993 107 Stat. 1170 Pub. L. 102395, title II Oct. 6, 1992 106 Stat. 1849 Pub. L. 102140, title II Oct. 28, 1991 105 Stat. 799 Pub. L. 101515, title I Nov. 5, 1990 104 Stat. 2104 Pub. L. 101162, title I Nov. 21, 1989 103 Stat. 992 Pub. L. 100459, title I Oct. 1, 1988 102 Stat. 2190 Pub. L. 100202,  101(a) [title I] Dec. 22, 1987 101 Stat. 1329 Pub. L. 99500,  101(b) [title I] Oct. 18, 1986 100 Stat. 178339 Pub. L. 99591,  101(b) [title I] Oct. 30, 1986 100 Stat. 334139 Pub. L. 99180, title I Dec. 13, 1985 99 Stat. 1138 Pub. L. 98411, title I Aug. 30, 1984 98 Stat. 1548 Pub. L. 98166, title I,  101 Nov. 28, 1983 97 Stat. 1074 Pub. L. 97377, title I,  101(d) Dec. 21, 1982 96 Stat. 1867 Pub. L. 9792,  101(h) [incorporating H.R. 7584, title III, for FY 1981] Dec. 15, 1981 95 Stat. 1190 Pub. L. 96536,  101 o Dec. 16, 1980 94 Stat. 3169 Pub. L. 9668, title III Sept. 24, 1979 93 Stat. 424 Pub. L. 95431, title III Oct. 10, 1978 92 Stat. 1033 Pub. L. 9586, title III Aug. 2, 1977 91 Stat. 431 Pub. L. 94362, title III July 14, 1976 90 Stat. 949 Pub. L. 94121, title III Oct. 21, 1975 89 Stat. 625 Pub. L. 93433, title III Oct. 5, 1974 88 Stat. 1197 Pub. L. 93162, title III Nov. 27, 1973 87 Stat. 647 Pub. L. 92544, title III Oct. 25, 1972 86 Stat. 1121 Pub. L. 9277, title III Aug. 10, 1971 85 Stat. 257 Pub. L. 91472, title III Oct. 21, 1970 84 Stat. 1051 Pub. L. 91153, title III Dec. 24, 1969 83 Stat. 414 Pub. L. 90470, title III Aug. 9, 1968 82 Stat. 679 Pub. L. 90133, title III Nov. 8, 1967 81 Stat. 422 Pub. L. 89797, title III Nov. 8, 1966 80 Stat. 1491 Pub. L. 89164, title III Sept. 2, 1965 79 Stat. 631 Pub. L. 88527, title III Aug. 31, 1964 78 Stat. 722 Pub. L. 88245, title III Dec. 30, 1963 77 Stat. 787 Pub. L. 87843, title III Oct. 18, 1962 76 Stat. 1091 Pub. L. 87125, title II Aug. 3, 1961 75 Stat. 271 Pub. L. 86451, title I May 13, 1960 74 Stat. 94 Pub. L. 8688, title I July 13, 1959 73 Stat. 202 Pub. L. 85469, title I June 25, 1958 72 Stat. 229 Pub. L. 8552, title I June 13, 1957 71 Stat. 72 June 20, 1956, ch. 415 70 Stat. 316 June 30, 1955, ch. 253 69 Stat. 228 July 2, 1954, ch. 456 68 Stat. 424 Aug. 5, 1953, ch. 328 67 Stat. 378 July 10, 1952, ch. 651 66 Stat. 564 Oct. 22, 1951, ch. 533 65 Stat. 590 Sept. 6, 1950, ch. 896 64 Stat. 624 July 20, 1949, ch. 354 63 Stat. 466 June 3, 1948, ch. 400 62 Stat. 325 July 9, 1947, ch. 211 61 Stat. 298 July 5, 1946, ch. 541 60 Stat. 470 May 21, 1945, ch. 129 59 Stat. 191 June 28, 1944, ch. 294 58 Stat. 420 July 1, 1943, ch. 182 57 Stat. 296 July 2, 1942, ch. 472 56 Stat. 495 June 28, 1941, ch. 258 55 Stat. 283 May 14, 1940, ch. 189 54 Stat. 198 June 29, 1939, ch. 248 53 Stat. 916 Apr. 27, 1938, ch. 180 52 Stat. 281 June 16, 1937, ch. 359 50 Stat. 294 May 15, 1936, ch. 405 49 Stat. 1341 Mar. 22, 1935, ch. 39 49 Stat. 96 Feb. 27, 1925, ch. 364 43 Stat. 1046 Statutory Notes and Related Subsidiaries Short Title of 2008 Amendment Pub. L. 110386,  1 Oct. 10, 2008 122 Stat. 4106 This Act [amending sections 892, 892a, 892c, 892d, and 3005 of this title] may be cited as the Hydrographic Services Improvement Act Amendments of 2008. Short Title of 2002 Amendment Pub. L. 107372, title I,  101(a) Dec. 19, 2002 116 Stat. 3079 This title [amending sections 892 to 892d of this title] may be cited as the Hydrographic Services Improvement Act Amendments of 2002. Short Title of 1998 Amendment Pub. L. 105384, title III,  301 Nov. 13, 1998 112 Stat. 3454 This title [enacting subchapter IV of this chapter and amending sections 853a and 853u of this title] may be cited as the Hydrographic Services Improvement Act of 1998. Short Title of 1992 Amendment Pub. L. 102567, title VI,  601 Oct. 29, 1992 106 Stat. 4299 This title [enacting subchapter III of this chapter] may be cited as the NOAA Fleet Modernization Act. Short Title Pub. L. 9563,  1 July 5, 1977 91 Stat. 265 That this Act [enacting sections 85713 to 85718 of this title, repealing sections 8576 to 85712 of this title, and enacting provisions set out as a note under section 85713 of this title Executive Documents  Transfer of Functions Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental Science Services Administration, and offices of Director and Deputy Director of Coast and Geodetic Survey abolished, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965 79 Stat. 1318 Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970 84 Stat. 2090 July 29, 1974 Dec. 19, 1970 The functions of all officers of Department of Commerce and all functions of all officers and employees of such Department, were, with a few exceptions, transferred to Secretary of Commerce, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by Reorg. Plan No. 5 of 1950,  1, 2, eff. May 24, 1950 64 Stat. 1263 REORGANIZATION PLAN NO. 2 OF 1965 Eff. July 13, 1965 79 Stat. 1318 Pub. L. 9083,  10(c) Sept. 11, 1967 81 Stat. 224 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, May 13, 1965 63 Stat. 203 5 U.S.C. 901 ENVIRONMENTAL SCIENCE SERVICES ADMINISTRATION, DEPARTMENT OF COMMERCE Section 1. Transfer of Functions All functions vested by law in the Weather Bureau, the Chief of the Weather Bureau, the Coast and Geodetic Survey, the Director of the Coast and Geodetic Survey, and any officer, employee, or organizational entity of that Bureau or Survey, and not heretofore transferred to the Secretary of Commerce, hereinafter referred to as the Secretary, are hereby transferred to the Secretary. Sec. 2. Abolitions (a) The offices of Director of the Coast and Geodetic Survey, Deputy Director of the Coast and Geodetic Survey, and Chief of the Weather Bureau are hereby abolished. The Secretary shall make such provisions as he shall deem to be necessary respecting the winding up of any outstanding affairs of the officers whose offices are abolished by the provisions of this section. (b) The abolitions effected by the provision of subsection (a) of this section shall exclude the abolition of rights to which the present incumbents of the abolished offices would be entitled under law upon the termination of their appointments. Sec. 3. Environmental Science Services Administration (a) The Coast and Geodetic Survey and the Weather Bureau are hereby consolidated to form a new agency in the Department of Commerce which shall be known as the Environmental Science Services Administration, hereinafter referred to as the Administration. (b) The Secretary shall from time to time establish such constituent organizational entities of the Administration, with such names, as he shall determine. Sec. 4. Officers of the Administration (a) There shall be at the head of the Administration the Administrator of the Environmental Science Services Administration, hereinafter referred to as the Administrator. The Administrator shall be appointed by the President by and with the advice and consent of the Senate. He shall perform such functions as the Secretary may from time to time direct. (b)(1) There shall be in the Administration a Deputy Administrator of the Environmental Science Services Administration, hereinafter referred to as the Deputy Administrator, who shall be appointed by the President by and with the advice and consent of the Senate, shall perform such functions as the Secretary may from time to time direct, and, unless he is compensated in pursuance of the provisions of paragraph (2), below, shall receive compensation in accordance with the Classification Act of 1949, as amended [chapter 51 and subchapter III of chapter 53 of Title 5, Government Organization and Employees]. (2) The office of Deputy Administrator may be filled at the discretion of the President by appointment (by and with the advice and consent of the Senate) from the active list of commissioned officers of the Administration in which case the appointment shall create a vacancy on the active list and while holding the office of Deputy Administrator the officer shall have rank, pay and allowances not exceeding those of a Vice Admiral. (c) The Deputy Administrator of such other official of the Department of Commerce as the Secretary shall from time to time designate shall act as Administrator during the absence or disability of the Administrator or in the event of a vacancy in the office of Administrator. (d) At any one time, one principal constituent organizational entity of the Administration may, if the Secretary so elects, be headed by a commissioned officer of the Administration, who shall be designated by the Secretary. Such designation of an officer shall create a vacancy on the active list and while serving under this paragraph the officer shall have rank, pay and allowances not exceeding those of a Rear Admiral (upper half). (e) Any commissioned officer of the Administration who has served as Deputy Administrator or has served in a rank above that of Captain as the head of a principal constituent organizational entity of the Administration, and is retired while so serving or is retired after the completion of such service while serving in a lower rank or grade, shall be retired with the rank, pay and allowances authorized by law for the highest grade and rank held by him; but any such officer, upon termination of his appointment in a rank above that of Captain, shall, unless appointed or assigned to some other position for which a higher rank or grade is provided, revert to the grade and number he would have occupied had he not served in a rank above that of Captain and such officer shall be an extra number in that grade. [As amended Pub. L. 9083,  10(c) Sept. 11, 1967 81 Stat. 224 Sec. 5. Authority of the Secretary Nothing in this organization plan shall divert the Secretary of any function vested in him by law or by Reorganization Plan No. 5 of 1950 ( 64 Stat. 1263 Sec. 6. Personnel, Property, Records and Funds (a) The personnel (including commissioned officers) employed in the Coast and Geodetic Survey, the personnel employed in the Weather Bureau, and the property and records held or used by the Weather Bureau or the Coast and Geodetic Survey shall be deemed to be transferred to the Administration. (b) Unexpended balances of appropriations, allocations, and other funds available or to be made available in connection with functions now administered by the Weather Bureau or by the Coast and Geodetic Survey shall be available to the Administration hereunder in connection with those functions. (c) Such further measures and dispositions as the Director of the Bureau of the Budget shall deem to be necessary in order to effectuate the foregoing provisions of this section shall be carried out in such manner as he shall direct and by such agencies as he shall designate. Sec. 7. Interim Officers (a) The President may authorize any person who immediately prior to the effective date of this reorganization plan held a position in the executive branch of the Government to act as Administrator until the office of Administrator is for the first time filled pursuant to the provisions of this reorganization plan or by recess appointment, as the case may be. (b) The President may similarly authorize any such person to act as Deputy Administrator. (c) The President may authorize any person who serves in an acting capacity under the foregoing provisions of this section to receive the compensation attached to the office in respect to which he so serves. Such compensation, if authorized, shall be in lieu of, but not in addition to, other compensation from the United States to which such person may be entitled. [The Environmental Science Services Administration in the Department of Commerce, including the offices of Administrator and Deputy Administrator thereof, were abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970 84 Stat. 2090 Message of the President To the Congress of the United States: I transmit herewith Reorganization Plan No. 2 of 1965, prepared in accordance with the provisions of the Reorganization Act of 1949, as amended [see now section 901 et seq. of Title 5, Government Organization and Employees], and providing for the reorganization of two major agencies of the Department of Commerce: The Weather Bureau and the Coast and Geodetic Survey. The reorganization plan consolidates the Coast and Geodetic Survey and the Weather Bureau to form a new agency in the Department of Commerce to be known as the Environmental Science Services Administration. It is the intention of the Secretary of Commerce to transfer the Central Radio Propagation Laboratory of the National Bureau of Standards to the Administration when the reorganization plan takes effect. The new Administration will then provide a single national focus for our efforts to describe, understand, and predict the state of the oceans, the state of the lower and upper atmosphere, and the size and shape of the earth. Establishment of the Administration will mark a significant step forward in the continual search by the Federal Government for better ways to meet the needs of the Nation for environmental science services. The organizational improvements made possible by the reorganization plan will enhance our ability to develop an adequate warning system for the severe hazards of naturefor hurricanes, tornadoes, floods, earthquakes, and seismic sea waves, which have proved so disastrous to the Nation in recent years. These improvements will permit us to provide better environmental information to vital segments of the Nations economyto agriculture, transportation, communications, and industry, which continually require information about the physical environment. They will mean better services to other Federal departments and agenciesto those that are concerned with the national defense, the exploration of outer space, the management of our mineral and water resources, the protection of the public health against environmental pollution, and the preservation of our wilderness and recreation areas. The new Administration will bring together a number of allied scientific disciplines that are concerned with the physical environment. The integration will better enable us to look at mans physical environment as a scientific whole and to seek to understand the interactions among air, sea, and earth and between the upper and lower atmosphere. It will facilitate the development of programs dealing with the physical environment and will permit better management of these programs. It will enhance our capability to identify and solve important long-range scientific and technological problems associated with the physical environment. The new Administration will, in consequence, promote a fresh sense of scientific dedication, discovery, and challenge, which are essential if we are to attract scientists and engineers of creativity and talent to Federal employment in this field. The reorganization plan provides for an Administrator at the head of the Administration, and for a Deputy Administrator, each of whom will be appointed by the President by and with the advice and consent of the Senate. As authorized by the civil service and other laws and regulations, subordinate officers of the Administration will be appointed by the Secretary of Commerce or be assigned by him from among a corps of commissioned officers. The Administration will perform such functions as the Secretary of Commerce may delegate or otherwise assign to it and will be under his direction and control. Commissioned officers of the Coast and Geodetic Survey will become commissioned officers of the Administration and may serve at the discretion of the Secretary of Commerce throughout the Administration. The reorganization plan authorizes the President at his discretion to fill the Office of Deputy Administrator by appointment, by and with the advice and consent of the Senate, from the active list of commissioned officers of the Administration. The reorganization plan transmitted herewith abolishesand thus excludes from the consolidation mentioned abovethe offices of (1) Chief of the Weather Bureau, provided for in the act of October 1, 1890 15 U.S.C. 312 June 4, 1920 February 16, 1929 33 U.S.C. 852 January 19, 1942 33 U.S.C. 852b After investigation, I have found and hereby declare that each reorganization included in Reorganization Plan No. 2 of 1965 is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949, as amended [see now section 901 of Title 5 In addition to permitting more effective management within the Department of Commerce, the new organization will ultimately produce economies. These economies will be of two types. The first, and probably the most significant, is the savings and avoidance of costs which will result from the sharing of complex and expensive facilities such as satellites, computers, communication systems, aircraft, and ships. These economies will increase in significance as developments in science and technology bring into being still more advanced equipment. Second, integration of the existing headquarters and field organizations will permit more efficient utilization of existing administrative staffs and thereby produce future economies. It is, however, impracticable to specify or itemize at this time the reductions of expenditures which it is probable will be brought about by the taking effect of the reorganizations included in the reorganization plan. I recommend that the Congress allow the accompanying reorganization plan to become effective.  Lyndon B. Johnson. The White House May 13, 1965  851a. Repealed. June 3, 1948, ch. 390,  22(a) 62 Stat. 300 Sept. 14, 1961 Pub. L. 87233,  1(f) 75 Stat. 506   Section, act Jan. 19, 1942, ch. 6,  1 56 Stat. 6  852 to 852b. Omitted  Editorial Notes Codification Sections, which made provision for a Director of the Coast and Geodetic Survey and for a Deputy Director and covered their appointment, rank, pay, and allowances, have been omitted in view of 1965 Reorg. Plan No. 2, eff. July 13, 1965 79 Stat. 1318 section 851 of this title section 851 of this title Section 852, acts June 4, 1920, ch. 228,  1 41 Stat. 825 June 5, 1920, ch. 235,  1 41 Stat. 929 Feb. 16, 1929, ch. 221,  5 45 Stat. 1187 Mar. 18, 1936, ch. 147 49 Stat. 1164 Section 852a, acts Feb. 16, 1929, ch. 221,  5 45 Stat. 1187 Mar. 18, 1936, ch. 147 49 Stat. 1164 June 3, 1948, ch. 390,  21(a) 62 Stat. 300 Sept. 14, 1961 Pub. L. 87233,  1(f) 75 Stat. 506 Section 852b, acts Jan. 19, 1942, ch. 6,  8 56 Stat. 8 June 3, 1948, ch. 390,  21(b) 62 Stat. 300 Sept. 14, 1961 Pub. L. 87233,  1(f) 75 Stat. 506 June 21, 1955, ch. 172,  3(b) 69 Stat. 169 June 30, 1960 Pub. L. 86554,  1 74 Stat. 258  853. Power to settle claims  The Secretary of Commerce is authorized to consider, ascertain, adjust, and determine all claims for damages, where the amount of the claim does not exceed $2,500, occasioned, subsequent to June 5, 1920 ( June 5, 1920, ch. 256 41 Stat. 1054 Pub. L. 93608,  1(4) Jan. 2, 1975 88 Stat. 1967 Pub. L. 98176 Nov. 29, 1983 97 Stat. 1124  Editorial Notes Amendments 1983 Pub. L. 98176 1975 Pub. L. 93608 Statutory Notes and Related Subsidiaries Repeals Act Aug. 2, 1946, ch. 753, title IV,  424(a) 60 Stat. 846 section 2680 of Title 28  853a to 853l. Repealed. Pub. L. 107372, title II,  271(1) Dec. 19, 2002 116 Stat. 3094   Section 853a, acts June 3, 1948, ch. 390,  2 62 Stat. 297 Pub. L. 87233,  1(a) Sept. 14, 1961 75 Stat. 506 July 13, 1965 79 Stat. 1318 Oct. 3, 1970 84 Stat. 2090 Pub. L. 105384, title III,  307(a) Nov. 13, 1998 112 Stat. 3457  Section 853b, act June 3, 1948, ch. 390,  3 62 Stat. 298 section 3024 of this title  Section 853c, act June 3, 1948, ch. 390,  4 62 Stat. 298  Section 853d, act June 3, 1948, ch. 390,  5 62 Stat. 298  Section 853e, acts June 3, 1948, ch. 390,  6 62 Stat. 298 June 21, 1955, ch. 172,  4(a) 69 Stat. 169 Pub. L. 87233,  1(b) Sept. 14, 1961 75 Stat. 506 section 3023 of this title  Section 853f, act June 3, 1948, ch. 390,  7 62 Stat. 298 section 3025 of this title  Section 853g, acts June 3, 1948, ch. 390,  8 62 Stat. 298 Pub. L. 98498, title III,  320(a)(1) Oct. 19, 1984 98 Stat. 2307 section 3041 of this title  Section 853h, acts June 3, 1948, ch. 390,  9 62 Stat. 299 Pub. L. 87649,  9(b)(1) Sept. 7, 1962 76 Stat. 495 Pub. L. 98498, title III,  320(a)(1) Oct. 19, 1984 98 Stat. 2307 Pub. L. 10254,  13(m)(1) June 13, 1991 105 Stat. 277 Pub. L. 10585, div. A, title VI,  652(a) Nov. 18, 1997 111 Stat. 1803 section 3042 of this title  Section 853i, acts June 3, 1948, ch. 390,  10 62 Stat. 299 June 21, 1955, ch. 172,  4(b) 69 Stat. 170  Section 853j, act June 3, 1948, ch. 390,  11 62 Stat. 299  Section 853j1, acts June 3, 1948, ch. 390,  12 Pub. L. 87233,  1(d) Sept. 14, 1961 75 Stat. 506 Pub. L. 98498, title III,  320(b) Oct. 19, 1984 98 Stat. 2308 section 3029 of this title  Section 853k, acts June 3, 1948, ch. 390,  13 62 Stat. 299 Pub. L. 87233,  1(c) Sept. 14, 1961 75 Stat. 506 section 3043 of this title  Section 853 l June 3, 1948, ch. 390,  14 62 Stat. 299 Pub. L. 87233,  1(e) Sept. 14, 1961 75 Stat. 506 section 3044 of this title  A prior section 14 of act June 3, 1948 section 853m of this title Oct. 12, 1949 Statutory Notes and Related Subsidiaries Short Title Section 1 of act June 3, 1948, ch. 390 62 Stat. 297 June 3, 1948 o Pub. L. 107372, title II,  271(1) Dec. 19, 2002 116 Stat. 3094  853m, 853n. Repealed. Oct. 12, 1949, ch. 681 63 Stat. 840   Section 853m, act June 3, 1948, ch. 390,  14 62 Stat. 299  Section 853n, act June 3, 1948, ch. 390,  15 62 Stat. 299 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1949 Oct. 12, 1949 section 854a of this title  853o. Repealed. Pub. L. 107372, title II,  271(1) Dec. 19, 2002 116 Stat. 3094   Section, acts June 3, 1948, ch. 390,  16 62 Stat. 299 Oct. 12, 1949, ch. 681 63 Stat. 840 Pub. L. 85422,  11(c) May 20, 1958 72 Stat. 132 Pub. L. 87649,  9(b)(2) Sept. 7, 1962 76 Stat. 495 Pub. L. 96342, title VIII,  813(g) Sept. 8, 1980 94 Stat. 1110 Pub. L. 9894, title IX Sept. 24, 1983 97 Stat. 642 Pub. L. 99348, title II,  206 July 1, 1986 100 Stat. 701 section 3045 of this title  853o1. Credit of service as deck officer or junior engineer and certain other active service for retirement and retirement pay  Active service in the National Oceanic and Atmospheric Administration as a deck officer or junior engineer and active service counted on June 30, 1922 ( Pub. L. 87649,  9(c) Sept. 7, 1962 76 Stat. 496 July 13, 1965 79 Stat. 1318 Oct. 3, 1970 84 Stat. 2090  Editorial Notes Codification Section was formerly classified to section 302 of Title 37 Pub. L. 87649,  1 Sept. 7, 1962 76 Stat. 451 Statutory Notes and Related Subsidiaries Effective Date Section effective Nov. 1, 1962 section 15 of Pub. L. 87649 section 101 of Title 37 Executive Documents  Transfer of Functions Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental Science Services Administration, and commissioned officers of Survey transferred to ESSA, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965 79 Stat. 1318 section 851 of this title Oct. 3, 1970 84 Stat. 2090 section 851 of this title  853p to 853r. Repealed. Pub. L. 107372, title II,  271(1) Dec. 19, 2002 116 Stat. 3094   Section 853p, act June 3, 1948, ch. 390,  17 62 Stat. 300 section 3046 of this title  Section 853q, act June 3, 1948, ch. 390,  18 62 Stat. 300 section 3047 of this title  Section 853r, act June 3, 1948, ch. 390,  19 62 Stat. 300 section 3022 of this title  853s. Repealed. Pub. L. 88431,  1(c)(2) Aug. 14, 1964 78 Stat. 440   Section, act June 3, 1948, ch. 390,  20 Sept. 14, 1961 Pub. L. 87233,  1(g) 75 Stat. 506  853t to 854. Repealed. Pub. L. 107372, title II,  271(1) Dec. 19, 2002 116 Stat. 3094   Section 853t, act June 3, 1948, ch. 390,  23 Pub. L. 87233,  1(h) Sept. 14, 1961 75 Stat. 506 section 3021 of this title  Section 853u, act June 3, 1948, ch. 390,  24 Pub. L. 98498, title III,  320(c)(1) Oct. 19, 1984 98 Stat. 2308 Pub. L. 99145, title V,  514(a)(3) Nov. 8, 1985 99 Stat. 628 Pub. L. 105384, title III,  307(b) Nov. 13, 1998 112 Stat. 3458 section 3028 of this title  Section 853v, act June 3, 1948, ch. 390,  25 Pub. L. 10665, div. A, title VI,  652(c) Oct. 5, 1999 113 Stat. 665 section 3076 of this title  Section 854, acts May 22, 1917, ch. 20,  16 40 Stat. 88 June 21, 1955, ch. 172,  2(a) 69 Stat. 169 section 3027 of this title  854a. Service credit as deck officer or junior engineer for promotion purposes  For purposes of promotion which is now or may hereafter be authorized for officers appointed after June 30, 1922 ( Jan. 19, 1942, ch. 6,  2 56 Stat. 6 June 3, 1948, ch. 390,  22(a) 62 Stat. 300 Pub. L. 87233,  1(f) Sept. 14, 1961 75 Stat. 506 Oct. 12, 1949, ch. 681 63 Stat. 839 June 21, 1955, ch. 172,  3(a) 69 Stat. 169  Editorial Notes Codification Provisions similar to this section are contained in section 3032 of this title Amendments 1955Act June 21, 1955 1949Act Oct. 12, 1949 1948Act June 3, 1948 Statutory Notes and Related Subsidiaries Effective Date of 1949 Amendment Act Oct. 12, 1949, ch. 681, title V,  533(a) 63 Stat. 841 Except as provided in subsections (b) and (c) of this section, this Act [see Tables for classification] shall become effective on October 1, 1949  854a1. Temporary appointment or advancement of commissioned officers in time of war or national emergency Personnel of the National Oceanic and Atmospheric Administration shall be subject in like manner and to the same extent as personnel of the Navy to all laws authorizing temporary appointment or advancement of commissioned officers in time of war or national emergency subject to the following limitations: (1) Commissioned officers in the service of a military department, under the provisions of sections 854, 855, 856, 857, and 858 1 1 (2) Commissioned officers in the service of the National Oceanic and Atmospheric Administration may be temporarily promoted to fill vacancies in ranks and grades caused by the transfer of commissioned officers to the service and jurisdiction of a military department under the provisions of sections 854, 855, 856, 857, and 858 1 (3) Temporary appointments may be made in all grades to which original appointments in the National Oceanic and Atmospheric Administration are authorized: Provided 1 ( Dec. 3, 1942, ch. 670,  1 56 Stat. 1038 Pub. L. 89657,  3 Oct. 14, 1966 80 Stat. 907 July 13, 1965 79 Stat. 1318 Oct. 3, 1970 84 Stat. 2090  Editorial Notes  References in Text Sections 854, 855, 856, 857, and 858 of this title, referred to in text, were repealed by Pub. L. 107372, title II,  271(4) Dec. 19, 2002 116 Stat. 3094 Codification Provisions similar to this section are contained in section 3030 of this title Amendments 1966 Pub. L. 89657 July 24, 1941 Executive Documents  Transfer of Functions Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental Science Services Administration, and commissioned officers of Survey transferred to ESSA, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965 79 Stat. 1318 section 851 of this title Oct. 3, 1970 84 Stat. 2090 section 851 of this title  Delegation of Functions Functions of President under pars. (1), (2), and (3) delegated to Secretary of Commerce, see section 1(b), (i) and (j) of Ex. Ord. No. 11023, May 28, 1962 section 301 of Title 3  854a2. Pay and allowances; date of acceptance of promotion  Any commissioned officer of the National Oceanic and Atmospheric Administration promoted to a higher grade at any time after December 7, 1941 section 3331 of title 5 ( Dec. 3, 1942, ch. 670,  3 56 Stat. 1039 July 13, 1965 79 Stat. 1318 Oct. 3, 1970 84 Stat. 2090  Editorial Notes Codification  Section 3331 of title 5 Pub. L. 89554,  7(b) Sept. 6, 1966 80 Stat. 631 Provisions similar to this section are contained in section 3031 of this title Executive Documents  Transfer of Functions Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental Science Services Administration, and commissioned officers of Survey transferred to ESSA, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965 79 Stat. 1318 section 851 of this title Oct. 3, 1970 84 Stat. 2090 section 851 of this title  854b, 854c. Repealed. June 3, 1948, ch. 390,  22(a) 62 Stat. 300 Sept. 14, 1961 Pub. L. 87233,  1(f) 75 Stat. 506   Section 854b, act Jan. 19, 1942, ch. 6,  3 56 Stat. 7  Section 854c, act Jan. 19, 1942, ch. 6,  4 56 Stat. 7  855. Repealed. Pub. L. 107372, title II,  271(4) Dec. 19, 2002 116 Stat. 3094   Section, acts May 22, 1917, ch. 20,  16 40 Stat. 87 July 13, 1965 79 Stat. 1318 Pub. L. 89657,  1(1) Oct. 14, 1966 80 Stat. 907 Oct. 3, 1970 84 Stat. 2090 section 3061 of this title  855a. Repealed. Pub. L. 85857,  14(79) Sept. 2, 1958 72 Stat. 1272   Section, acts Dec. 3, 1942, ch. 670,  2 56 Stat. 1038 Aug. 16, 1954, ch. 738 68 Stat. 730 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal by Pub. L. 85857 Jan. 1, 1959 section 2 of Pub. L. 85857  856 to 8575. Repealed. Pub. L. 107372, title II,  271(3) Dec. 19, 2002 116 Stat. 3094   Section 856, acts May 22, 1917, ch. 20,  16 40 Stat. 88 June 21, 1955, ch. 172,  2(b) 69 Stat. 169 July 13, 1965 79 Stat. 1318 Oct. 3, 1970 84 Stat. 2090 section 3062 of this title  Section 857, acts May 22, 1917, ch. 20,  16 40 Stat. 88 Aug. 1, 1956, ch. 837 70 Stat. 883 July 13, 1965 79 Stat. 1318 Oct. 3, 1970 84 Stat. 2090 Pub. L. 10254,  13(m)(2) June 13, 1991 105 Stat. 277 section 3072 of this title  Section 8571, Pub. L. 91621,  1 Dec. 31, 1970 84 Stat. 1863 section 3002 of this title  Section 8572, Pub. L. 91621,  2 Dec. 31, 1970 84 Stat. 1863 section 3046 of this title  Section 8573, Pub. L. 91621,  3 Dec. 31, 1970 84 Stat. 1863 Pub. L. 98498, title III,  310(a) Oct. 19, 1984 98 Stat. 2306 Pub. L. 10254,  13(m)(3) June 13, 1991 105 Stat. 277  Section 8574, Pub. L. 91621,  4 Dec. 31, 1970 84 Stat. 1863 section 3074 of this title  Section 8575, Pub. L. 91621,  5 Dec. 31, 1970 84 Stat. 1864 Statutory Notes and Related Subsidiaries Repeals Pub. L. 91621,  8 Dec. 31, 1970 84 Stat. 1867 Pub. L. 91621 Pub. L. 107372, title II,  271(3) Dec. 19, 2002 116 Stat. 3094  8576 to 85712. Repealed. Pub. L. 9563,  7(a) July 5, 1977 91 Stat. 267   Section 8576, Pub. L. 92125,  1 Aug. 16, 1971 85 Stat. 344 section 85713 of this title  Section 8577, Pub. L. 92125,  2 Aug. 16, 1971 85 Stat. 344 section 85714 of this title  Section 8578, Pub. L. 92125,  3 Aug. 16, 1971 85 Stat. 344 section 85717(a) of this title  Section 8579, Pub. L. 92125,  4 Aug. 16, 1971 85 Stat. 344 Pub. L. 9469,  2 Aug. 5, 1975 89 Stat. 384 section 85715 of this title  Section 85710, Pub. L. 92125,  5 Aug. 16, 1971 85 Stat. 344 section 85716 of this title  Section 85711, Pub. L. 92125,  6 Aug. 16, 1971 85 Stat. 345 section 85717 of this title  Section 85712, Pub. L. 92125,  7 Aug. 16, 1971 85 Stat. 345 Pub. L. 92567 Oct. 25, 1972 86 Stat. 1181 Pub. L. 9469,  1 Aug. 5, 1975 89 Stat. 384 section 85718 of this title  85713. National Advisory Committee on Oceans and Atmosphere  There is hereby established a committee of 18 members to be known as the National Advisory Committee on Oceans and Atmosphere (hereinafter in sections 85713 to 85718 of this title referred to as the Committee). ( Pub. L. 9563,  2 July 5, 1977 91 Stat. 265  Editorial Notes Prior Provisions Provisions similar to that contained in this section, which established a National Advisory Committee on Oceans and Atmosphere with a membership of twenty-five, were contained in section 8576 of this title section 7(a) of Pub. L. 9563 Statutory Notes and Related Subsidiaries Short Title For short title of Pub. L. 9563 section 1 of Pub. L. 9563 section 851 of this title Transfer of Personnel, Positions, Records, and Funds Pub. L. 9563,  7(b) July 5, 1977 91 Stat. 267 All personnel, positions, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with the functions specified by the Act of August 16, 1971 Termination of Advisory Committees Advisory committees established after Jan. 5, 1973 section 1013 of Title 5  85714. Membership (a) Appointment and qualifications The members of the Committee, who may not be full-time officers or employees of the United States, shall be appointed by the President. Members shall be appointed only from among individuals who are eminently qualified by way of knowledge and expertise in the following areas of direct concern to the Committee (1) one or more of the disciplines and fields included in marine science and technology, marine industry, marine-related State and local governmental functions, coastal zone management, or other fields directly appropriate for consideration of matters of ocean policy; or (2) one or more of the disciplines and fields included in atmospheric science, atmospheric-related State and local governmental functions, or other fields directly appropriate for consideration of matters of atmospheric policy. (b) Terms (1) The term of office of a member of the Committee shall be 3 years; except that of the original appointees, 6 shall be appointed for a term to expire on July 1, 1979 July 1, 1980 July 1, 1981 (2) Any individual appointed to fill a vacancy occurring before the expiration of the term for which his or her predecessor was appointed shall be appointed only for the remainder of such term. No individual may be reappointed to the Committee for more than one additional 3-year term. A member may serve after the date of the expiration of the term of office for which appointed until his or her successor has taken office. The terms of office for members first appointed after July 5, 1977 July 1, 1977 (c) Chairman The President shall designate one of the members of the Committee as the Chairman and one of the members as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the Chairman. (d) Duties The Committee shall (1) undertake a continuing review, on a selective basis, of national ocean policy, coastal zone management, and the status of the marine and atmospheric science and service programs of the United States; and (2) advise the Secretary of Commerce with respect to the carrying out of the programs administered by the National Oceanic and Atmospheric Administration. ( Pub. L. 9563,  3 July 5, 1977 91 Stat. 265 Pub. L. 95304,  1(1) June 29, 1978 92 Stat. 347 Pub. L. 9787,  1(1) Dec. 1, 1981 95 Stat. 1134  Editorial Notes Prior Provisions Provisions similar to those contained in this section, which related to membership, terms, and duties of the National Advisory Committee on Oceans and Atmosphere as originally established on Aug. 16, 1971 section 8577 of this title section 7(a) of Pub. L. 9563 Amendments 1981Subsec. (b)(2). Pub. L. 9787 1978Subsec. (b)(1). Pub. L. 95304 July 1, 1979 July 1, 1980 July 1, 1981 Statutory Notes and Related Subsidiaries Termination of Advisory Committees Advisory committees established after Jan. 5, 1973 section 1013 of Title 5  85715. Reports (a) In general The Committee shall submit an annual report to the President and to the Congress setting forth an assessment, on a selective basis, of the status of the Nations marine and atmospheric activities, and shall submit such other reports as may from time to time be requested by the President or the Congress. (b) Review by Secretary Each annual report shall also be submitted to the Secretary of Commerce, who shall, within 60 days after receipt thereof, transmit his or her comments and recommendations to the President and to the Congress. (c) Annual report submittal The annual report required under subsection (a) shall be submitted on or before June 30 of each year, beginning with June 30, 1978 ( Pub. L. 9563,  4 July 5, 1977 91 Stat. 266  Editorial Notes Prior Provisions A provision similar to that contained in this section, which required an annual report, beginning June 30, 1972 Aug. 16, 1971 section 8579 of this title section 7(a) of Pub. L. 9563 Statutory Notes and Related Subsidiaries Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31 Termination of Advisory Committees Advisory committees established after Jan. 5, 1973 section 1013 of Title 5  85716. Compensation and travel expenses  Members of the Committee shall each be entitled to receive compensation not to exceed the daily rate for a GS18 for each day (including traveltime) during which they are engaged in the actual performance of the duties of the Committee. In addition, while away from their homes or regular places of business in the performance of the duties of the Committee, each member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) 1 1 ( Pub. L. 9563,  5 July 5, 1977 91 Stat. 266 Pub. L. 9787,  1(2) Dec. 1, 1981 95 Stat. 1134  Editorial Notes  References in Text Section 5703 of title 5 Pub. L. 9422,  4 May 19, 1975 89 Stat. 85 Prior Provisions A provision similar to that contained in this section, which authorized compensation and travel expenses for members of the National Advisory Committee on Oceans and Atmosphere as originally established on Aug. 16, 1971 section 85710 of this title section 7(a) of Pub. L. 9563 Amendments 1981 Pub. L. 9787 Statutory Notes and Related Subsidiaries Termination of Advisory Committees Advisory committees established after Jan. 5, 1973 section 1013 of Title 5 References in Other Laws to GS16, 17, or 18 Pay Rates References in laws to the rates of pay for GS16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I,  101(c)(1)] of Pub. L. 101509 section 5376 of Title 5  85717. Interagency cooperation and assistance (a) Liaison The head of each department or agency of the Federal Government concerned with marine and atmospheric matters shall designate a senior policy official to participate as observer in the work of the Committee and offer necessary assistance. (b) Agency assistance The Committee is authorized to request from the head of any department, agency, or independent instrumentality of the Federal Government any information and assistance it deems necessary to carry out the functions assigned under sections 85713 to 85718 of this title. The head of each such department, agency, or instrumentality is authorized to cooperate with the Committee, and, to the extent permitted by law, to furnish such information and assistance to the Committee upon request made by the Chairman, without reimbursement for such services and assistance. (c) Administrative assistance The Secretary of Commerce shall make available to the Committee such staff, information, personnel, and administrative services and assistance as may reasonably be required to carry out the provisions of sections 85713 to 85718 of this title. ( Pub. L. 9563,  6 July 5, 1977 91 Stat. 266  Editorial Notes Prior Provisions Provisions similar to those contained in this section, which required the designation of senior policy officials as observers, directed the Secretary of Commerce to provide administrative assistance, and authorized requests for assistance from Federal agencies by the Federal Advisory Committee on Oceans and Atmosphere as originally established on Aug. 16, 1971 section 7(a) of Pub. L. 9563 Statutory Notes and Related Subsidiaries Termination of Advisory Committees Advisory committees established after Jan. 5, 1973 section 1013 of Title 5  85718. Authorization of appropriations  There are authorized to be appropriated for purposes of carrying out sections 85713 to 85718 of this title not to exceed $520,000 for the fiscal year ending September 30, 1978 September 30, 1979 September 30, 1980 September 30, 1981 September 30, 1982 ( Pub. L. 9563,  8 July 5, 1977 91 Stat. 267 Pub. L. 95304,  1(2) June 29, 1978 92 Stat. 347 Pub. L. 9626 June 21, 1979 93 Stat. 74 Pub. L. 9787,  1(3) Dec. 1, 1981 95 Stat. 1134  Editorial Notes Prior Provisions Provisions similar to those contained in this section, which authorized appropriations, beginning with an authorization of $200,000 for the fiscal year ending June 30, 1972 Aug. 16, 1971 section 85712 of this title section 7(a) of Pub. L. 9563 Amendments 1981 Pub. L. 9787 Sept. 30, 1982 1979 Pub. L. 9626 Sept. 30, 1980 Sept. 30, 1981 1978 Pub. L. 95304 Sept. 30, 1979  85719. Biennial report  Beginning in September, 2001, the President shall transmit to the Congress biennially a report that includes a detailed listing of all existing Federal programs related to ocean and coastal activities, including a description of each program, the current funding for the program, linkages to other Federal programs, and a projection of the funding level for the program for each of the next 5 fiscal years beginning after the report is submitted. ( Pub. L. 106256,  5 Aug. 7, 2000 114 Stat. 648  Statutory Notes and Related Subsidiaries National Ocean Policy Pub. L. 106256 Aug. 7, 2000 114 Stat. 644 Pub. L. 107206, title I,  206 Aug. 2, 2002 116 Stat. 833 Pub. L. 107372, title III,  306 Dec. 19, 2002 116 Stat. 3096 Pub. L. 117286,  4(a)(200) Dec. 27, 2022 136 Stat. 4328  SECTION 1. SHORT TITLE. This Act may be cited as the Oceans Act of 2000. SEC. 2. PURPOSE AND OBJECTIVES. The purpose of this Act is to establish a commission to make recommendations for coordinated and comprehensive national ocean policy that will promote (1) the protection of life and property against natural and manmade hazards; (2) responsible stewardship, including use, of fishery resources and other ocean and coastal resources; (3) the protection of the marine environment and prevention of marine pollution; (4) the enhancement of marine-related commerce and transportation, the resolution of conflicts among users of the marine environment, and the engagement of the private sector in innovative approaches for sustainable use of living marine resources and responsible use of non-living marine resources; (5) the expansion of human knowledge of the marine environment including the role of the oceans in climate and global environmental change and the advancement of education and training in fields related to ocean and coastal activities; (6) the continued investment in and development and improvement of the capabilities, performance, use, and efficiency of technologies for use in ocean and coastal activities, including investments and technologies designed to promote national energy and food security; (7) close cooperation among all government agencies and departments and the private sector to ensure (A) coherent and consistent regulation and management of ocean and coastal activities; (B) availability and appropriate allocation of Federal funding, personnel, facilities, and equipment for such activities; (C) cost-effective and efficient operation of Federal departments, agencies, and programs involved in ocean and coastal activities; and (D) enhancement of partnerships with State and local governments with respect to ocean and coastal activities, including the management of ocean and coastal resources and identification of appropriate opportunities for policy-making and decision-making at the State and local level; and (8) the preservation of the role of the United States as a leader in ocean and coastal activities, and, when it is in the national interest, the cooperation by the United States with other nations and international organizations in ocean and coastal activities. SEC. 3. COMMISSION ON OCEAN POLICY. (a)  Establishment There is hereby established the Commission on Ocean Policy. Chapter 10 of title 5, United States Code, except for sections 1001, 1006, and 1011, does not apply to the Commission. (b)  Membership. (1)  Appointment The Commission shall be composed of 16 members appointed by the President from among individuals described in paragraph (2) who are knowledgeable in ocean and coastal activities, including individuals representing State and local governments, ocean-related industries, academic and technical institutions, and public interest organizations involved with scientific, regulatory, economic, and environmental ocean and coastal activities. The membership of the Commission shall be balanced by area of expertise and balanced geographically to the extent consistent with maintaining the highest level of expertise on the Commission. (2)  Nominations The President shall appoint the members of the Commission, within 90 days after the effective date of this Act, including individuals nominated as follows: (A) 4 members shall be appointed from a list of 8 individuals who shall be nominated by the Majority Leader of the Senate in consultation with the Chairman of the Senate Committee on Commerce, Science, and Transportation. (B) 4 members shall be appointed from a list of 8 individuals who shall be nominated by the Speaker of the House of Representatives in consultation with the Chairmen of the House Committees on Resources [now Natural Resources], Transportation and Infrastructure, and Science [now Science, Space, and Technology]. (C) 2 members shall be appointed from a list of 4 individuals who shall be nominated by the Minority Leader of the Senate in consultation with the Ranking Member of the Senate Committee on Commerce, Science, and Transportation. (D) 2 members shall be appointed from a list of 4 individuals who shall be nominated by the Minority Leader of the House in consultation with the Ranking Members of the House Committees on Resources [now Natural Resources], Transportation and Infrastructure, and Science [now Science, Space, and Technology]. (3)  Chairman The Commission shall select a Chairman from among its members. The Chairman of the Commission shall be responsible for (A) the assignment of duties and responsibilities among staff personnel and their continuing supervision; and (B) the use and expenditure of funds available to the Commission. (4)  Vacancies Any vacancy on the Commission shall be filled in the same manner as the original incumbent was appointed. (c)  Resources In carrying out its functions under this section, the Commission (1) is authorized to secure directly from any Federal agency or department any information it deems necessary to carry out its functions under this Act, and each such agency or department is authorized to cooperate with the Commission and, to the extent permitted by law, to furnish such information (other than information described in section 552(b)(1)(A) of title 5 (2) may enter into contracts, subject to the availability of appropriations for contracting, and employ such staff experts and consultants as may be necessary to carry out the duties of the Commission, as provided by section 3109 of title 5 (3) in consultation with the Ocean Studies Board of the National Research Council of the National Academy of Sciences, shall establish a multidisciplinary science advisory panel of experts in the sciences of living and non-living marine resources to assist the Commission in preparing its report, including ensuring that the scientific information considered by the Commission is based on the best scientific information available. (d)  Staffing The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an Executive Director and such other additional personnel as may be necessary for the Commission to perform its duties. The Executive Director shall be compensated at a rate not to exceed the rate payable for Level V of the Executive Schedule under section 5136 of title 5 (e)  Meetings. (1)  Administration All meetings of the Commission shall be open to the public, except that a meeting or any portion of it may be closed to the public if it concerns matters or information described in section 552b(c) of title 5 (2)  Notice; Minutes; Public Availability of Documents (A) All open meetings of the Commission shall be preceded by timely public notice in the Federal Register of the time, place, and subject of the meeting. (B) Minutes of each meeting shall be kept and shall contain a record of the people present, a description of the discussion that occurred, and copies of all statements filed. Subject to section 552 of title 5 (3)  Initial meeting The Commission shall hold its first meeting within 30 days after all 16 members have been appointed. (4)  Required public meetings The Commission shall hold at least one public meeting in Alaska and each of the following regions of the United States: (A) The Northeast (including the Great Lakes). (B) The Southeast (including the Caribbean). (C) The Southwest (including Hawaii and the Pacific Territories). (D) The Northwest. (E) The Gulf of Mexico. (f)  Report. (1)  In general By June 20, 2003 (2)  Required matter The final report of the Commission shall include the following assessment, reviews, and recommendations: (A) An assessment of existing and planned facilities associated with ocean and coastal activities including human resources, vessels, computers, satellites, and other appropriate platforms and technologies. (B) A review of existing and planned ocean and coastal activities of Federal entities, recommendations for changes in such activities necessary to improve efficiency and effectiveness and to reduce duplication of Federal efforts. (C) A review of the cumulative effect of Federal laws and regulations on United States ocean and coastal activities and resources and an examination of those laws and regulations for inconsistencies and contradictions that might adversely affect those ocean and coastal activities and resources, and recommendations for resolving such inconsistencies to the extent practicable. Such review shall also consider conflicts with State ocean and coastal management regimes. (D) A review of the known and anticipated supply of, and demand for, ocean and coastal resources of the United States. (E) A review of and recommendations concerning the relationship between Federal, State, and local governments and the private sector in planning and carrying out ocean and coastal activities. (F) A review of opportunities for the development of or investment in new products, technologies, or markets related to ocean and coastal activities. (G) A review of previous and ongoing State and Federal efforts to enhance the effectiveness and integration of ocean and coastal activities. (H) Recommendations for any modifications to United States laws, regulations, and the administrative structure of Executive agencies, necessary to improve the understanding, management, conservation, and use of, and access to, ocean and coastal resources. (I) A review of the effectiveness and adequacy of existing Federal interagency ocean policy coordination mechanisms, and recommendations for changing or improving the effectiveness of such mechanisms necessary to respond to or implement the recommendations of the Commission. (3)  Consideration of factors In making its assessment and reviews and developing its recommendations, the Commission shall give equal consideration to environmental, technical feasibility, economic, and scientific factors. (4)  Limitations The recommendations of the Commission shall not be specific to the lands and waters within a single State. (g)  Public and Coastal State Review. (1)  Notice Before submitting the final report to the Congress, the Commission shall (A) publish in the Federal Register a notice that a draft report is available for public review; and (B) provide a copy of the draft report to the Governor of each coastal State, the Committees on Resources [now Natural Resources], Transportation and Infrastructure, and Science [now Science, Space, and Technology] of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate. (2)  Inclusion of governors comments The Commission shall include in the final report comments received from the Governor of a coastal State regarding recommendations in the draft report. (h)  Administrative Procedure for Report and Review Chapter 5 and chapter 7 of title 5, United States Code, do not apply to the preparation, review, or submission of the report required by subsection (e) or the review of that report under subsection (f). (i)  Termination The Commission shall cease to exist 90 days after the date on which it submits its final report. (j)  Authorization of Appropriations There are authorized to be appropriated to carry out this section a total of $8,500,000 for the 3 fiscal-year period beginning with fiscal year 2001, such sums to remain available until expended. SEC. 4. NATIONAL OCEAN POLICY. (a)  National Ocean Policy Within 90 days after receiving and considering the report and recommendations of the Commission under section 3, the President shall submit to Congress a statement of proposals to implement or respond to the Commissions recommendations for a coordinated, comprehensive, and long-range national policy for the responsible use and stewardship of ocean and coastal resources for the benefit of the United States. Nothing in this Act authorizes the President to take any administrative or regulatory action regarding ocean or coastal policy, or to implement a reorganization plan, not otherwise authorized by law in effect at the time of such action. (b)  Cooperation and Consultation In the process of developing proposals for submission under subsection (a), the President shall consult with State and local governments and non-Federal organizations and individuals involved in ocean and coastal activities. SEC. 5. BIENNIAL REPORT.  [Enacted this section.] SEC. 6. DEFINITIONS. In this Act: (1)  Marine environment The term marine environment includes (A) the oceans, including coastal and offshore waters; (B) the continental shelf; and (C) the Great Lakes. (2)  Ocean and coastal resource The term ocean and coastal resource means any living or non-living natural, historic, or cultural resource found in the marine environment. (3)  Commission The term Commission means the Commission on Ocean Policy established by section 3. SEC. 7. EFFECTIVE DATE. This Act shall become effective on January 20, 2001 [ Pub. L. 107206, title I,  206 Aug. 2, 2002 116 Stat. 833 Pub. L. 106256 June 20, 2003 June 20, 2003 The following appropriations acts contained provisions similar to those in section 3(f)(1) of Pub. L. 106256 Pub. L. 10777, title V Nov. 28, 2001 115 Stat. 792 Pub. L. 107117, div. B,  207 Jan. 10, 2002 115 Stat. 2298 Pub. L. 106553,  1(a)(2) [title V] Dec. 21, 2000 114 Stat. 2762 Executive Documents  Executive Order No. 13366 Ex. Ord. No. 13366, Dec. 17, 2004 July 19, 2010  Executive Order No. 13547 Ex. Ord. No. 13547, July 19, 2010 June 19, 2018  Ex. Ord. No. 13840. Ocean Policy To Advance the Economic, Security, and Environmental Interests of the United States Ex. Ord. No. 13840, June 19, 2018 By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section Purpose This order maintains and enhances these and other benefits to the Nation through improved public access to marine data and information, efficient interagency coordination on ocean-related matters, and engagement with marine industries, the science and technology community, and other ocean stakeholders. To advance these national interests, this order recognizes and supports Federal participation in regional ocean partnerships, to the extent appropriate and consistent with national security interests and statutory authorities. Sec Policy (a) coordinate the activities of executive departments and agencies (agencies) regarding ocean-related matters to ensure effective management of ocean, coastal, and Great Lakes waters and to provide economic, security, and environmental benefits for present and future generations of Americans; (b) continue to promote the lawful use of the ocean by agencies, including United States Armed Forces; (c) exercise rights and jurisdiction and perform duties in accordance with applicable domestic law andif consistent with applicable domestic lawinternational law, including customary international law; (d) facilitate the economic growth of coastal communities and promote ocean industries, which employ millions of Americans, advance ocean science and technology, feed the American people, transport American goods, expand recreational opportunities, and enhance Americas energy security; (e) ensure that Federal regulations and management decisions do not prevent productive and sustainable use of ocean, coastal, and Great Lakes waters; (f) modernize the acquisition, distribution, and use of the best available ocean-related science and knowledge, in partnership with marine industries; the ocean science and technology community; State, tribal, and local governments; and other ocean stakeholders, to inform decisions and enhance entrepreneurial opportunity; and (g) facilitate, as appropriate, coordination, consultation, and collaboration regarding ocean-related matters, consistent with applicable law, among Federal, State, tribal, and local governments, marine industries, the ocean science and technology community, other ocean stakeholders, and foreign governments and international organizations. Sec Definitions (a) Ocean-related matters means management, science, and technology matters involving the ocean, coastal, and Great Lakes waters of the United States (including its territories and possessions), and related seabed, subsoil, waters superadjacent to the seabed, and natural resources. (b) Regional ocean partnership means a regional organization of coastal or Great Lakes States, territories, or possessions voluntarily convened by governors to address cross-jurisdictional ocean matters, or the functional equivalent of such a regional ocean organization designated by the governor or governors of a State or States. Sec Interagency Coordination (i) The Committee shall consist of the following: (1) The Chairman of the Council on Environmental Quality (CEQ) and the Director of the Office of Science and Technology Policy (OSTP), who shall serve as Co-Chairs; (2) The Secretary of State, Secretary of Defense, Attorney General, Secretary of the Interior, Secretary of Agriculture, Secretary of Commerce, Secretary of Transportation, Secretary of Energy, Secretary of Homeland Security, Administrator of the Environmental Protection Agency, Director of the Office of Management and Budget, Administrator of the National Aeronautics and Space Administration, Director of the National Science Foundation, Director of National Intelligence, Chairman of the Joint Chiefs of Staff, Under Secretary of Commerce for Oceans and Atmosphere, Assistant Secretary of the Army (Civil Works), and Commandant of the Coast Guard; (3) The Assistants to the President for National Security Affairs, Homeland Security and Counterterrorism, Domestic Policy, and Economic Policy; (4) A representative from the Office of the Vice President designated by the Vice President; and (5) Such other officers or employees of the Federal Government as the Co-Chairs may from time to time designate. (b) The Co-Chairs, in coordination with the Assistants to the President for National Security Affairs, Homeland Security and Counterterrorism, Domestic Policy, and Economic Policy, shall regularly convene and preside at meetings of the Committee, determine its agenda, and direct its work, and shall establish and direct subcommittees of the Committee as appropriate. The Committee shall, as appropriate, establish subcommittees with responsibility for advising the Committee on matters pertaining to ocean science and technology and ocean-resource management. (i) Committee members may designate, to perform their Committee or subcommittee functions, any person who is within their department, agency, or office who is: (1) a civilian official appointed by the President; (2) a member of the Senior Executive Service or the Senior Intelligence Service; (3) a general officer or flag officer; or (4) an employee of the Office of the Vice President. (ii) Consistent with applicable law and subject to the availability of appropriations, OSTP or CEQ shall provide the Committee with funding, including through the National Science and Technology Council pursuant to title VII, section 723 of [division E of] the Consolidated Appropriations Act, 2018 ( Public Law 115141 132 Stat. 592 42 U.S.C. 4375 (iii) The Committee shall be administered by an Executive Director and such full-time staff as the Co-Chairs recommend. Sec Functions (a) provide advice regarding policies concerning ocean-related matters to: (i) the President; and (ii) the head of any agency who is a member of the Committee; (b) engage and collaborate, under existing laws and regulations, with stakeholders, including regional ocean partnerships, to address ocean-related matters that may require interagency or intergovernmental solutions; (c) coordinate the timely public release of unclassified data and other information related to the ocean, coasts, and Great Lakes that agencies collect, and support the common information management systems, such as the Marine Cadastre, that organize and disseminate this information; (d) coordinate and inform the ocean policy-making process and identify priority ocean research and technology needs, to facilitate: (i) the use of science in the establishment of policy; and (ii) the collection, development, dissemination, and exchange of information between and among agencies on ocean-related matters; (e) coordinate and ensure Federal participation in projects conducted under the National Oceanographic Partnership Program through the Committees members, as appropriate, to maximize the effectiveness of agency investments in ocean research; and (f) obtain information and advice concerning ocean-related matters from: (i) State, tribal, and local governments; and (ii) private-sector entities and individuals. Sec Cooperation June 19, 2018 Sec Revocation July 19, 2010 Sec General Provisions (i) the authority granted by law to an executive department, agency, or the head thereof; (ii) the functions of the Director of OMB relating to budgetary, administrative, or legislative proposals; or (iii) functions assigned by the President to the National Security Council or Homeland Security Council (including subordinate bodies) relating to matters affecting foreign affairs, national security, homeland security, or intelligence. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.  Donald J. Trump.  85720. Repealed. Pub. L. 116221,  10 Dec. 18, 2020 134 Stat. 1061   Section, Pub. L. 107299,  9 Nov. 26, 2002 116 Stat. 2348  857a, 858. Repealed. Pub. L. 107372, title II,  271(2) Dec. 19, 2002 116 Stat. 3094   Section 857a, acts Aug. 10, 1956, ch. 1041,  3 70A Stat. 619 Pub. L. 85861,  3 Sept. 2, 1958 72 Stat. 1546 Pub. L. 86160,  2 Aug. 14, 1959 73 Stat. 358 Pub. L. 87233,  4 Sept. 14, 1961 75 Stat. 507 Pub. L. 87649,  9(a) Sept. 7, 1962 76 Stat. 495 Pub. L. 88132,  5(k) Oct. 2, 1963 77 Stat. 214 Pub. L. 88431,  1(c)(1) Aug. 14, 1964 78 Stat. 439 Pub. L. 89538,  3(a) Aug. 14, 1966 80 Stat. 348 Pub. L. 92425,  5 Sept. 21, 1972 86 Stat. 713 Pub. L. 96215,  1 Mar. 25, 1980 94 Stat. 123 Pub. L. 96357,  4 Sept. 24, 1980 94 Stat. 1182 Pub. L. 96513, title V,  507(f)(1) Dec. 12, 1980 94 Stat. 2920 Pub. L. 9894, title X,  1007(d) Sept. 24, 1983 97 Stat. 662 Pub. L. 104106, div. A, title V,  566(a) Feb. 10, 1996 110 Stat. 327 Pub. L. 10585, div. A, title VI,  653(b) Nov. 18, 1997 111 Stat. 1804 Pub. L. 107107, div. A, title VI,  653(b) Dec. 28, 2001 115 Stat. 1153 section 3071 of this title  Section 858, acts May 22, 1917, ch. 20,  16 40 Stat. 88 July 26, 1947, ch. 343 61 Stat. 501 July 13, 1965 79 Stat. 1318 Pub. L. 89657,  1(2) Oct. 14, 1966 80 Stat. 907 Oct. 3, 1970 84 Stat. 2090 section 3063 of this title  859. Repealed. June 16, 1942, ch. 413,  19 56 Stat. 369 June 1, 1942   Section, act June 10, 1922, ch. 212 42 Stat. 625633  860. Repealed. Pub. L. 87649,  14b Sept. 7, 1962 76 Stat. 499   Section, act May 18, 1920, ch. 190,  11 41 Stat. 603  861. Omitted  Editorial Notes Codification Section, acts Feb. 27, 1925, ch. 364 43 Stat. 1046 Apr. 29, 1926, ch. 195 44 Stat. 362  861a. Repealed. Aug. 10, 1956, ch. 1041,  53 70A Stat. 641   Section, act May 18, 1920, ch. 190,  12 41 Stat. 604  861b, 861c. Omitted  Editorial Notes Codification Section 861b, act Feb. 21, 1929, ch. 288 45 Stat. 1254 section 861a of this title Section 861c, act June 24, 1935, ch. 291,  3 49 Stat. 421 section 861a of this title  862. Repealed. Pub. L. 87649,  14b Sept. 7, 1962 76 Stat. 498   Section, acts Mar. 4, 1907, ch. 2918,  1 34 Stat. 1322 Mar. 4, 1913, ch. 141,  1 37 Stat. 736 June 21, 1955, ch. 172,  1 69 Stat. 169 Sept. 26, 1961 Pub. L. 87304,  9(b) 75 Stat. 665 section 706 of Title 37  862a. Repealed. Aug. 10, 1956, ch. 1041,  53 70A Stat. 641   Section, acts Mar. 2, 1923, ch. 178 42 Stat. 1385 Aug. 4, 1949, ch. 393,  11 63 Stat. 559  863. Repealed. June 21, 1955, ch. 172,  5(4) 69 Stat. 170   Section, acts Mar. 4, 1909, ch. 299,  1 35 Stat. 974 Mar. 4, 1913, ch. 141,  1 37 Stat. 736  864. Repealed. Pub. L. 107372, title II,  271(6) Dec. 19, 2002 116 Stat. 3094   Section, act May 18, 1920, ch. 190,  11 41 Stat. 603 July 13, 1965 79 Stat. 1318 Oct. 3, 1970 84 Stat. 2090  864a. Repealed. Aug. 10, 1956, ch. 1041,  53 70A Stat. 641   Section, act May 18, 1920, ch. 190 41 Stat. 604  864b, 864c. Repealed. June 3, 1948, ch. 390,  22(a) 62 Stat. 300 Sept. 14, 1961 Pub. L. 87233,  1(f) 75 Stat. 506   Section 864b, act Jan. 19, 1942, ch. 6,  5 56 Stat. 7  Section 864c, act Jan. 19, 1942, ch. 6,  7 56 Stat. 8  864d. Repealed. Oct. 12, 1949, ch. 681 63 Stat. 839 Oct. 1, 1949   Section, acts Jan. 19, 1942, ch. 6,  7 56 Stat. 8 June 3, 1948, ch. 390,  22(b) 62 Stat. 300 Sept. 14, 1961 Pub. L. 87233,  1(f) 75 Stat. 506  864e. Repealed. Pub. L. 86465,  1 May 13, 1960 74 Stat. 130   Section, acts June 6, 1942, ch. 383 56 Stat. 328 Aug. 4, 1949, ch. 393,  15 63 Stat. 560 Oct. 12, 1949, ch. 681 63 Stat. 836 Dec. 31, 1946 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 86465,  2 May 13, 1960 74 Stat. 130 This Act [repealing this section] becomes effective on November 1, 1959  865. Omitted  Editorial Notes Codification Section, acts May 28, 1924, ch. 203 43 Stat. 194 Feb. 11, 1925, ch. 209 43 Stat. 872 May 21, 1926, ch. 355 44 Stat. 604  866. Repealed. Aug. 6, 1947, ch. 504,  10(1) 61 Stat. 788   Section, act Jan. 31, 1925, ch. 121 43 Stat. 802 section 883a of this title  867, 868. Repealed. Oct. 31, 1951, ch. 654,  1(39) 65 Stat. 702   Section 867, act June 5, 1920, ch. 235,  1 41 Stat. 930  Section 868, act July 1, 1918, ch. 113,  1 40 Stat. 688  868a. Omitted  Editorial Notes Codification Section, act Jan. 19, 1942, ch. 6,  10 56 Stat. 8 July 13, 1965 79 Stat. 1318 Oct. 14, 1966 Pub. L. 89657,  2 80 Stat. 907 Oct. 3, 1970 84 Stat. 2090 section 8574 of this title section 3074 of this title  869. Repealed. July 1, 1944, ch. 373 58 Stat. 714   Section, act Apr. 26, 1939, ch. 92,  2 53 Stat. 620 July 1, 1939 53 Stat. 1424 section 253 of Title 42 Statutory Notes and Related Subsidiaries Renumbering of Repealing Act Title XIII,  1313, formerly title VI,  611, of act July 1, 1944 act Aug. 13, 1946, ch. 958,  5 60 Stat. 1049 act Feb. 28, 1948, ch. 83,  9(b) 62 Stat. 47 act July 30, 1956, ch. 779,  3(b) 70 Stat. 721 Pub. L. 88581,  4(b) Sept. 4, 1964 78 Stat. 919 Pub. L. 89239,  3(b) Oct. 6, 1965 79 Stat. 931 Pub. L. 91572,  6(b) Dec. 24, 1970 84 Stat. 1506 Pub. L. 92294,  3(b) May 16, 1972 86 Stat. 137 Pub. L. 93154,  2(b)(2) Nov. 16, 1973 87 Stat. 604 Pub. L. 93222,  7(b) Dec. 29, 1973 87 Stat. 936  870. Repealed. Aug. 1, 1956, ch. 837 70 Stat. 886   Section, acts Jan. 19, 1942, ch. 6,  9 56 Stat. 8 Mar. 29, 1944, ch. 141,  4 58 Stat. 130 July 15, 1954, ch. 507,  15 68 Stat. 481 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Jan. 1, 1957 Aug. 1, 1956  871. Repealed. Dec. 28, 1945, ch. 597,  4 59 Stat. 662   Section, act Oct. 27, 1943, ch. 287,  6 57 Stat. 583  872. Omitted  Editorial Notes Codification Section, Pub. L. 86451, title I,  301 May 13, 1960 74 Stat. 94 section 873 of this title  873. Extra compensation for instrument observers, recorders and other Federal employees for oceanographic, seismographic and magnetic observations  The Secretary of Commerce is authorized to pay extra compensation to members of crews of vessels when assigned duties as instrument observer or recorder, and to employees of other Federal agencies while observing tides or currents, or tending seismographs or magnetographs, at such rates as may be specified from time to time by him and without regard to section 5533 of title 5 ( July 22, 1947, ch. 286,  2 61 Stat. 400 Pub. L. 86397,  1 Mar. 28, 1960 74 Stat. 11 Pub. L. 88448, title IV,  401 l Aug. 19, 1964 78 Stat. 491  Editorial Notes Codification  Section 5533 of title 5 5 U.S.C. 3105 Pub. L. 89554,  7(b) Sept. 6, 1966 80 Stat. 631 Amendments 1964 Pub. L. 88448 1960 Pub. L. 86397 Statutory Notes and Related Subsidiaries Effective Date of 1964 Amendment Amendment by Pub. L. 88448 Aug. 19, 1964 section 403 of Pub. L. 88448  874. Repealed. Pub. L. 107372, title II,  271(5) Dec. 19, 2002 116 Stat. 3094   Section, act July 22, 1947, ch. 286,  1 61 Stat. 400 July 13, 1965 79 Stat. 1318 Oct. 3, 1970 84 Stat. 2090 section 3075 of this title  875. Powers of officers as notaries  In places where the National Oceanic and Atmospheric Administration is serving which are not within the jurisdiction of any one of the States of the continental United States, excluding Alaska, commanding officers of National Oceanic and Atmospheric Administration vessels, and such other officers of the National Oceanic and Atmospheric Administration as the Secretary of Commerce may designate, may exercise the general powers of the notary public in the administration of oaths for the execution, acknowledgment, and attestation of instruments and papers, and the performance of all other notarial acts. The powers conferred shall be limited to acts performed in behalf of the personnel of the National Oceanic and Atmospheric Administration or in connection with the proper execution of the functions of that agency. ( Aug. 3, 1956, ch. 932,  1 70 Stat. 988 Pub. L. 86624,  24 July 12, 1960 74 Stat. 418 July 13, 1965 79 Stat. 1318 Oct. 3, 1970 84 Stat. 2090  Editorial Notes Amendments 1960 Pub. L. 86624 Executive Documents  Transfer of Functions Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental Science Services Administration, and commissioned officers of Survey transferred to ESSA, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965 79 Stat. 1318 section 851 of this title Oct. 3, 1970 84 Stat. 2090 section 851 of this title  876. Fees for notarial acts; prima facie evidence of authority  No fee of any kind shall be paid to any officer for the performance of any notarial act authorized by section 875 of this title ( Aug. 3, 1956, ch. 932,  2 70 Stat. 988  877. Appropriations; advances from  Advances of money from available appropriations may be made to the National Ocean Survey and by authority of the Director thereof to chiefs of parties and accounts arising under such advances shall be rendered through and by the disbursing officer of the National Ocean Survey to the Government Accountability Office as under advances made to chiefs of parties prior to July 1, 1918 ( July 1, 1918, ch. 113,  1 40 Stat. 688 June 5, 1920, ch. 235,  1 41 Stat. 929 June 10, 1921, ch. 18 42 Stat. 24 Pub. L. 92310, title II,  231(z) June 6, 1972 86 Stat. 212 Pub. L. 108271,  8(b) July 7, 2004 118 Stat. 814  Editorial Notes Codification Section was a provision of the Sundry Civil Appropriation Act of July 1, 1918 Section was formerly classified to section 550 of Title 31 Pub. L. 97258 Sept. 13, 1982 96 Stat. 877 Amendments 1972 Pub. L. 92310 Statutory Notes and Related Subsidiaries  Transfer of Functions Government Accountability Office substituted in text for General Accounting Office pursuant to section 8(b) of Pub. L. 108271 section 702 of Title 31 June 10, 1921 Executive Documents  Transfer of Functions Coast and Geodetic Survey consolidated with National Weather Bureau to form Environmental Science Services Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965 79 Stat. 1318 Oct. 3, 1970 84 Stat. 2090 Dec. 19, 1970 section 851 of this title  878. Appropriations; purchases from  The Secretary of Commerce is authorized to purchase, from the appropriation for the National Ocean Survey, provisions, clothing, and small stores for the enlisted men, and food supplies for field parties working in remote localities, such provisions, clothing, small stores, and food supplies to be sold to the employees of said survey and the appropriation reimbursed. ( Mar. 3, 1901, ch. 853,  1 31 Stat. 1144 Feb. 14, 1903, ch. 552,  4 32 Stat. 826  Editorial Notes Codification Section was a provision of the Sundry Civil Appropriation Act of Mar. 3, 1901 Upon incorporation into the Code, the words Secretary of Commerce were substituted for Secretary of the Treasury to conform to act Feb. 14, 1903 Section was formerly classified to section 661 of Title 31 Pub. L. 97258 Sept. 13, 1982 96 Stat. 877 Executive Documents  Transfer of Functions Coast and Geodetic Survey consolidated with National Weather Bureau to form Environmental Science Services Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965 79 Stat. 1318 Oct. 3, 1970 84 Stat. 2090 Dec. 19, 1970 section 851 of this title  878a. Contract for development of a major program; costs; Major Program Annual Report for satellite development program (a) Definitions For purposes of this section (1) the term Under Secretary means Under Secretary of Commerce for Oceans and Atmosphere; (2) the term appropriate congressional committees means (A) the Committee on Appropriations and the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Appropriations and the Committee on Science, Space and Technology of the House of Representatives; (3) the term satellite means the satellites proposed to be acquired for the National Oceanic and Atmospheric Administration (NOAA); (4) the term development means the phase of a program following the formulation phase and beginning with the approval to proceed to implementation, as defined in NOAA Administrative Order 216108, Department of Commerce Administrative Order 2083, and NASAs Procedural Requirements 7120.5c, dated March 22, 2005 (5) the term development cost means the total of all costs, including construction of facilities and civil servant costs, from the period beginning with the approval to proceed to implementation through the achievement of operational readiness, without regard to funding source or management control, for the life of the program; (6) the term life-cycle cost means the total of the direct, indirect, recurring, and nonrecurring costs, including the construction of facilities and civil servant costs, and other related expenses incurred or estimated to be incurred in the design, development, verification, production, operation, maintenance, support, and retirement of a program over its planned lifespan, without regard to funding source or management control; (7) the term major program means an activity approved to proceed to implementation that has an estimated life-cycle cost of more than $250,000,000; and (8) the term baseline means the program as set following contract award and preliminary design review of the space and ground systems. (b) Contract requirements for major programs (1) NOAA shall not enter into a contract for development of a major program, unless the Under Secretary determines that (A) the technical, cost, and schedule risks of the program are clearly identified and the program has developed a plan to manage those risks; (B) the technologies required for the program have been demonstrated in a relevant laboratory or test environment; (C) the program complies with all relevant policies, regulations, and directives of NOAA and the Department of Commerce; (D) the program has demonstrated a high likelihood of accomplishing its intended goals; and (E) the acquisition of satellites for use in the program represents a good value to accomplishing NOAAs mission. (2) The Under Secretary shall transmit a report describing the basis for the determination required under paragraph (1) to the appropriate congressional committees at least 30 days before entering into a contract for development under a major program. (3) The Under Secretary may not delegate the determination requirement under this subsection, except in cases in which the Under Secretary has a conflict of interest. (c) Reports (1) Annually, at the same time as the Presidents annual budget submission to the Congress, the Under Secretary shall transmit to the appropriate congressional committees a report that includes the information required by this section for the satellite development program for which NOAA proposes to expend funds in the subsequent fiscal year. The report under this paragraph shall be known as the Major Program Annual Report. (2) The first Major Program Annual Report for NOAAs satellite development program shall include a Baseline Report that shall, at a minimum, include (A) the purposes of the program and key technical characteristics necessary to fulfill those purposes; (B) an estimate of the life-cycle cost for the program, with a detailed breakout of the development cost, program reserves, and an estimate of the annual costs until development is completed; (C) the schedule for development, including key program milestones; (D) the plan for mitigating technical, cost, and schedule risks identified in accordance with subsection (b)(1)(A); and (E) the name of the person responsible for making notifications under subsection (d), who shall be an individual whose primary responsibility is overseeing the program. (3) For the major program for which a Baseline Report has been submitted, subsequent Major Program Annual Reports shall describe any changes to the information that had been provided in the Baseline Report, and the reasons for those changes. (d) Notification to Under Secretary of excess development costs (1) The individual identified under subsection (c)(2)(E) shall immediately notify the Under Secretary any time that individual has reasonable cause to believe that, for the major program for which he or she is responsible, the development cost of the program has exceeded the estimate provided in the Baseline Report of the program by 20 percent or more. (2) Not later than 30 days after the notification required under paragraph (1), the individual identified under subsection (c)(2)(E) shall transmit to the Under Secretary a written notification explaining the reasons for the change in the cost of the program for which notification was provided under paragraph (1). (3) Not later than 15 days after the Under Secretary receives a written notification under paragraph (2), the Under Secretary shall transmit the notification to the appropriate congressional committees. (e) Determination by Under Secretary of excess development costs Not later than 30 days after receiving a written notification under subsection (d)(2), the Under Secretary shall determine whether the development cost of the program has exceeded the estimate provided in the Baseline Report of the program by 20 percent or more. If the determination is affirmative, the Under Secretary shall (1) transmit to the appropriate congressional committees, not later than 15 days after making the determination, a report that includes (A) a description of the increase in cost and a detailed explanation for the increase; (B) a description of actions taken or proposed to be taken in response to the cost increase; and (C) a description of any impacts the cost increase, or the actions described under subparagraph (B), will have on any other program within NOAA; and (2) if the Under Secretary intends to continue with the program, promptly initiate an analysis of the program, which shall include, at a minimum (A) the projected cost and schedule for completing the program if current requirements of the program are not modified; (B) the projected cost and the schedule for completing the program after instituting the actions described under paragraph (1)(B); and (C) a description of, and the projected cost and schedule for, a broad range of alternatives to the program. (f) Completion and transmittal of analysis NOAA shall complete an analysis initiated under subsection (e)(2) not later than 6 months after the Under Secretary makes a determination under subsection (e). The Under Secretary shall transmit the analysis to the appropriate congressional committees not later than 30 days after its completion. ( Pub. L. 11255, div. B, title I,  105 Nov. 18, 2011 125 Stat. 599 Pub. L. 1136, div. B, title I,  105(a) Mar. 26, 2013 127 Stat. 242  Editorial Notes Codification Section is from the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012, which is division B of the Consolidated and Further Continuing Appropriations Act, 2012. Prior Provisions Provisions similar to those in this section were contained in the following prior appropriation act: Pub. L. 110161, div. B, title I,  112 Dec. 26, 2007 121 Stat. 1894 Amendments 2013Subsec. (f). Pub. L. 1136 Statutory Notes and Related Subsidiaries Requirements Adopted by Reference Pub. L. 117328, div. B, title I,  104 Dec. 29, 2022 136 Stat. 4519 The requirements set forth by section 105 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 ( Public Law 11255 33 U.S.C. 878a Public Law 1136 Similar provisions were contained in the following prior appropriation acts: Pub. L. 117103, div. B, title I,  104 Mar. 15, 2022 136 Stat. 111 Pub. L. 116260, div. B, title I,  104 Dec. 27, 2020 134 Stat. 1243 Pub. L. 11693, div. B, title I,  104 Dec. 20, 2019 133 Stat. 2394 Pub. L. 1166, div. C, title I,  104 Feb. 15, 2019 133 Stat. 100 Pub. L. 115141, div. B, title I,  104 Mar. 23, 2018 132 Stat. 408 Pub. L. 11531, div. B, title I,  104 May 5, 2017 131 Stat. 191 Pub. L. 114113, div. B, title I,  104 Dec. 18, 2015 129 Stat. 2294 Pub. L. 113235, div. B, title I,  104 Dec. 16, 2014 128 Stat. 2181 Pub. L. 11376, div. B, title I,  104 Jan. 17, 2014 128 Stat. 51 Pub. L. 1136, div. B, title I,  105(b) Mar. 26, 2013 127 Stat. 242  878b. Safety and health regulations for scientific and occupational diving  On and after March 11, 2009 ( Pub. L. 1118, div. B, title I,  106 Mar. 11, 2009 123 Stat. 568  Editorial Notes Codification Section was enacted as part of the Department of Commerce Appropriations Act, 2009, which is title I of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2009, which is div. B of the Omnibus Appropriations Act, 2009. Similar Provisions Provisions similar to those in this section were contained in the following prior appropriation act: Pub. L. 110161, div. B, title I,  110 Dec. 26, 2007 121 Stat. 1893 SUBCHAPTER II SURVEYS  881 to 883. Repealed. Aug. 6, 1947, ch. 504,  10(2) 61 Stat. 788   Section 881, R.S.  4681, related to authority of the President to order surveys of coasts of the United States. See section 883a of this title  Section 882, R.S.  4682, related to additional authority to order surveys beyond twenty-league limit. See section 883a of this title  Section 883, R.S.  4683, 4684, related to mode of conducting surveys generally. See sections 883a and 883b of this title.  883a. Surveys and other activities To provide charts and related information for the safe navigation of marine and air commerce, and to provide basic data for engineering and scientific purposes and for other commercial and industrial needs, the Secretary of Commerce, is authorized to conduct the following activities: (1) Hydrographic and topographic surveys; (2) Tide and current observations; (3) Geodetic-control surveys; (4) Field surveys for aeronautical charts; (5) Geomagnetic, seismological, gravity, and related geophysical measurements and investigations, and observations for the determination of variation in latitude and longitude. ( Aug. 6, 1947, ch. 504,  1 61 Stat. 787 Pub. L. 86409 Apr. 5, 1960 74 Stat. 16 July 13, 1965 79 Stat. 1318  Editorial Notes Amendments 1960 Pub. L. 86409 Statutory Notes and Related Subsidiaries Continuous Plankton Recorder Survey Pub. L. 117328, div. JJ, title III,  301 Dec. 29, 2022 136 Stat. 6092  (a)  In General Not later than 180 days after the date of enactment of this Act [ Dec. 29, 2022 (b)  Required Elements For the purpose of conducting the survey required under subsection (a), the Northeast Fisheries Science Center shall (1) to the extent possible, utilize the resources of and partner with, on a volunteer basis, research institutions, nonprofit organizations, commercial vessels, and other Federal agencies; (2) in as short a time as possible, ensure relevant survey samples and results are analyzed, stored, archived, and made publicly available; (3) prioritize the collection of plankton samples and data that inform the conservation of North Atlantic right whales; and (4) to the extent practicable, coordinate with the Government of Canada to develop a transboundary understanding of plankton abundance and distribution. (c)  Authorization of Appropriations To carry out this section there is authorized to be appropriated to the Secretary of Commerce $300,000 for each of fiscal years 2023 through 2032, which shall be derived from existing funds otherwise appropriated to the Secretary. Great Lakes Environmental Sensitivity Index Pub. L. 116274 Dec. 31, 2020 134 Stat. 3356  SECTION 1. SHORT TITLE. This Act may be cited as the Great Lakes Environmental Sensitivity Index Act of 2020. SEC. 2. UPDATE TO ENVIRONMENTAL SENSITIVITY INDEX PRODUCTS OF NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION FOR GREAT LAKES. (a)  Update Required for Environmental Sensitivity Index Products for Great Lakes Not later than 180 days after the date of the enactment of this Act [ Dec. 31, 2020 (b)  Periodic Updates for Environmental Sensitivity Index Products Generally Subject to the availability of appropriations and the priorities set forth in subsection (c), the Under Secretary shall (1) periodically update the environmental sensitivity index products of the Administration; and (2) endeavor to do so not less frequently than once every 7 years. (c)  Priorities When prioritizing geographic areas to update environmental sensitivity index products, the Under Secretary shall consider (1) the age of existing environmental sensitivity index products for the areas; (2) the occurrence of extreme events, be it natural or man-made, which have significantly altered the shoreline or ecosystem since the last update; (3) the natural variability of shoreline and coastal environment; and (4) the volume of vessel traffic and general vulnerability to spilled pollutants. (d)  Environmental Sensitivity Index Product Defined In this section, the term environmental sensitivity index product means a map or similar tool that is utilized to identify sensitive shoreline, coastal or offshore, resources prior to an oil spill event in order to set baseline priorities for protection and plan cleanup strategies, typically including information relating to shoreline type, biological resources, and human use resources. (e)  Funding Funds to carry out the activities under this section shall be derived from amounts authorized to be appropriated for the Under Secretary that are enacted after the date of the enactment of this Act. Great Lakes Mapping Pub. L. 100220, title III Dec. 29, 1987 101 Stat. 1475 Pub. L. 100629,  3 Nov. 7, 1988 102 Stat. 3286  SEC. 3201. SHORT TITLE. This subtitle may be cited as the Great Lakes Shoreline Mapping Act of 1987. SEC. 3202. GREAT LAKES SHORELINE MAPPING PLAN. (a)  Preparation of Plan Not later than nine months after the date of the enactment of this subtitle [ Dec. 29, 1987 (b)  Content of Plan A plan prepared under paragraph (1) shall include (1) a work proposal and a division of responsibilities between the National Oceanic and Atmospheric Administration and the United States Geological Survey; (2) a time schedule for completion of maps; (3) recommendation of funding needed for preparing the maps; and (4) an area mapping schedule, with first priority given to shoreline areas subject to a high risk of erosion or flooding. SEC. 3203. PREPARATION OF GREAT LAKES SHORELINE MAPS. (a)  In General The [sic] following completion of a shoreline mapping plan under section 3202 and subject to authorization and appropriation of funds, the Director, in consultation with the Director of the United States Geological Survey, shall prepare maps of the shoreline areas of the Great Lakes. (b)  Content of Maps Maps prepared under this section (1) shall include (A) bathymetry of the nearshore area, to the extent that this area will affect coastal erosion and flooding; (B) topography of the adjacent shoreline, to the extent that this area will directly affect or be affected by coastal erosion and flooding; (C) the geological conditions of the nearshore area and shoreline to the extent that these areas will directly affect or be affected by coastal erosion and flooding; (D) information on the recent geological past of the nearshore area and shoreline areas described in paragraph (3); and (E) appropriate information for use in predicting and preventing damage caused by erosion and flooding in the Great Lakes; (2) shall be of appropriate scale and detail and take into account the greater informational needs of areas subject to a high risk of erosion or flooding; and (3) to the maximum extent practicable, shall be consistent with similar shoreline maps prepared by, or for the use of, the Government of Canada. (c)  Consultation In preparing maps under this section, the Director shall consult with, and take into consideration, the informational needs of (1) the Army Corps of Engineers; (2) the Federal Emergency Management Agency; (3) other appropriate Federal agencies; (4) the States of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin; (5) appropriate local government units; and (6) the general public. (d)  Availability of Maps The Director shall make maps prepared under this section available to (1) Federal agencies; (2) State governments; (3) local government units; (4) the Government of Canada; and (5) the general public. (e)  Recovery of Costs The costs of reproducing and distributing maps prepared under this section may be recovered under section 9701 of title 31 SEC. 3204. CONTRACT AUTHORITY. The Director may, subject to appropriations, enter into contracts and agreements on a reimbursable or cost-sharing basis with other Federal agencies, State governments, local governments, and private entities, to carry out this subtitle. SEC. 3205. DEFINITIONS. For purposes of this subtitle (1) The term Director means the Director of Charting and Geodetic Services of the National Ocean Service, within the National Oceanic and Atmospheric Administration. (2) The term Great Lakes means Lake Erie, Lake Huron, Lake Michigan, Lake Ontario, Lake St. Clair, Lake Superior, the Saint Marys River, the Saint Clair River, the Detroit River, the Niagara River, the Saint Lawrence River to the Canadian border, to the extent such lakes and rivers are subject to the jurisdiction of the United States. (3) The term high risk of erosion means subject to erosion at a rate greater than 1 foot per year. SEC. 3206. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out section 3202 not more than $100,000 for fiscal year 1989. Amounts appropriated pursuant to this section shall remain available until expended. [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 [For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director 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 section 542 of Title 6  Transfer of Functions Functions of Secretary and other officers of Department of Commerce under sections 883a to 883h of this title that relate to the Office of Aeronautical Charting and Cartography to provide aeronautical charts, products, and services for safe and efficient navigation of air commerce transferred to Administrator of Federal Aviation Administration effective Oct. 1, 2000 section 44721(c)(1) of Title 49 Executive Documents  Transfer of Functions Office of Director of Coast and Geodetic Survey abolished and Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental Science Services Administration, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965 79 Stat. 1318 section 851 of this title section 851 of this title  883b. Dissemination of data; further activities In order that full public benefit may be derived from the operations of the National Ocean Survey by the dissemination of data resulting from the activities herein authorized and of related data from other sources, the Secretary of Commerce is authorized to conduct the following activities: (1) Analysis and prediction of tide and current data; (2) Processing and publication of data, information, compilations, and reports; (3) Compilation and printing of nautical charts; (4) Distribution of nautical charts and related navigational publications. ( Aug. 6, 1947, ch. 504,  2 61 Stat. 787 July 13, 1965 79 Stat. 1318 Oct. 3, 1970 84 Stat. 2090 Pub. L. 106181, title VI,  605(a) Apr. 5, 2000 114 Stat. 154  Editorial Notes Amendments 2000Par. (3). Pub. L. 106181,  605(a)(1) Par. (4). Pub. L. 106181,  605(a)(1) Par. (5). Pub. L. 106181,  605(a)(1) Par. (6). Pub. L. 106181,  605(a)(1) Statutory Notes and Related Subsidiaries Effective Date of 2000 Amendment Amendment by Pub. L. 106181 Sept. 30, 1999 section 3 of Pub. L. 106181 section 106 of Title 49 Executive Documents  Transfer of Functions Office of Director of Coast and Geodetic Survey abolished and Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental Science Services Administration, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965 79 Stat. 1318 section 851 of this title Oct. 3, 1970 84 Stat. 2090 section 851 of this title  883c. Geomagnetic data; collection, correlation, and dissemination  To provide for the orderly collection of geomagnetic data from domestic and foreign sources, and to assure that such data shall be readily available to Government and private agencies and individuals, the National Ocean Survey is designated as the central depository of the United States Government for geomagnetic data, and the Secretary of Commerce is authorized to collect, correlate, and disseminate such data. ( Aug. 6, 1947, ch. 504,  3 61 Stat. 787 July 13, 1965 79 Stat. 1318 Oct. 3, 1970 84 Stat. 2090  Executive Documents  Transfer of Functions Office of Director of Coast and Geodetic Survey abolished and Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental Science Services Administration, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965 79 Stat. 1318 section 851 of this title Oct. 3, 1970 84 Stat. 2090 section 851 of this title  883d. Improvement of methods, instruments, and equipments; investigations and research  To improve the efficiency of the National Ocean Survey and to increase engineering and scientific knowledge, the Secretary of Commerce is authorized to conduct developmental work for the improvement of surveying and cartographic methods, instruments, and equipments; and to conduct investigations and research in geophysical sciences (including geodesy, oceanography, seismology, and geomagnetism). ( Aug. 6, 1947, ch. 504,  4 61 Stat. 788 July 13, 1965 79 Stat. 1318 Oct. 3, 1970 84 Stat. 2090  Executive Documents  Transfer of Functions Office of Director of Coast and Geodetic Survey abolished and Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental Science Services Administration, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965 79 Stat. 1318 section 851 of this title Oct. 3, 1970 84 Stat. 2090 section 851 of this title  883e. Agreements for surveys and investigations; contribution of costs incurred by National Oceanic and Atmospheric Administration (1) The Secretary of Commerce is authorized to enter into cooperative agreements, or any other agreements, with, and to receive and expend funds made available by, any State or subdivision thereof, any Federal agency, or any public or private organization, or individual, for surveys or investigations authorized herein, or for performing related surveying and mapping activities, including special-purpose maps, and for the preparation and publication of the results thereof. (2) The Secretary of Commerce is authorized to establish the terms of any agreement entered into under this section, including the amount of funds to be received, and may contribute that portion of the costs incurred by the National Oceanic and Atmospheric Administration, including shiptime and personnel expenses, which the Secretary determines represents the amount of benefits derived by the Administration from the agreement. ( Aug. 6, 1947, ch. 504,  5 61 Stat. 788 July 13, 1965 79 Stat. 1318 Pub. L. 99272, title VI,  6085 Apr. 7, 1986 100 Stat. 138 Pub. L. 106181, title VI,  605(b) Apr. 5, 2000 114 Stat. 154  Editorial Notes Amendments 2000Par. (1). Pub. L. 106181,  605(b)(1) Par. (2). Pub. L. 106181,  605(b)(2) 1986 Pub. L. 99272 Statutory Notes and Related Subsidiaries Effective Date of 2000 Amendment Amendment by Pub. L. 106181 Sept. 30, 1999 section 3 of Pub. L. 106181 section 106 of Title 49 Executive Documents  Transfer of Functions Office of Director of Coast and Geodetic Survey abolished and Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental Science Services Administration, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965 79 Stat. 1318 section 851 of this title section 851 of this title  883f. Contracts with qualified organizations  The Secretary of Commerce is authorized to contract with qualified organizations for the performance of any part of the authorized functions of the National Ocean Survey when he deems such procedure to be in the public interests. ( Aug. 6, 1947, ch. 504,  6 61 Stat. 788 July 13, 1965 79 Stat. 1318 Oct. 3, 1970 84 Stat. 2090  Executive Documents  Transfer of Functions Office of Director of Coast and Geodetic Survey abolished and Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental Science Services Administration, by Reorg. Plan No. 2, of 1965, eff. July 13, 1965 79 Stat. 1318 section 851 of this title Oct. 3, 1970 84 Stat. 2090 section 851 of this title  883g. Repealed. Pub. L. 88611,  4(a)(2) Oct. 2, 1964 78 Stat. 991   Section, act Aug. 6, 1947, ch. 504,  7 61 Stat. 788  883h. Employment of public vessels  The President is authorized to cause to be employed such of the public vessels as he deems it expedient to employ, and to give such instructions for regulating their conduct as he deems proper in order to carry out the provisions of this subchapter. ( Aug. 6, 1947, ch. 504,  8 61 Stat. 788  Executive Documents  Delegation of Functions Functions of President under this section delegated to Secretary of Commerce, see section 1( l May 28, 1962 section 301 of Title 3  883i. Authorization of appropriations  There are authorized to be appropriated such funds as may be necessary to acquire, construct, maintain, and operate ships, stations, equipment, and facilities and for such other expenditures, including personal services at the seat of government and elsewhere and including the erection of temporary observatory buildings and lease of sites therefor, as may be necessary for the conduct of the activities herein authorized. ( Aug. 6, 1947, ch. 504,  9 61 Stat. 788  Editorial Notes  References in Text Herein, referred to in text, means act Aug. 6, 1947, ch. 504 61 Stat. 787  883j. Ocean satellite data  The Administrator of the National Oceanic and Atmospheric Administration (hereinafter referred to in this subtitle 1 1 ( Pub. L. 99272, title VI,  6082 Apr. 7, 1986 100 Stat. 135  Editorial Notes  References in Text This subtitle, referred to in text, is subtitle H ( 60816085) of title VI of Pub. L. 99272 Apr. 7, 1986 100 Stat. 135 section 1530 of Title 15 section 883e of this title section 2905 of Title 15 Statutory Notes and Related Subsidiaries  Transfer of Functions Functions of Secretary and other officers of Department of Commerce under this section that relate to the Office of Aeronautical Charting and Cartography to provide aeronautical charts, products, and services for safe and efficient navigation of air commerce transferred to Administrator of Federal Aviation Administration effective Oct. 1, 2000 section 44721(c)(2) of Title 49 Report on Satellite Oceanography Pub. L. 102567, title I,  116 Oct. 29, 1992 106 Stat. 4279 Oct. 29, 1992  883k. Acquisition of land for facilities  For fiscal year 1990 and hereafter funds appropriated under this heading shall be available for acquisition of land for facilities. ( Pub. L. 101162, title I Nov. 21, 1989 103 Stat. 992  Editorial Notes  References in Text Funds appropriated under this heading, referred to in text, refers to funds appropriated under the headings  National Oceanic and Atmospheric Administration operations, research, and facilities Pub. L. 101162  883l. Contracts for surveying and mapping services  On and after February 20, 2003 1 1 ( Pub. L. 1087, div. B, title II,  206 Feb. 20, 2003 117 Stat. 77  Editorial Notes  References in Text The Federal Property and Administrative Services Act of 1949, referred to in text, is act June 30, 1949, ch. 288 63 Stat. 377 Pub. L. 107217 Aug. 21, 2002 116 Stat. 1062 section 101 of Title 40 Prior Provisions Similar provisions were contained in the following prior appropriation acts: Pub. L. 10777, title II Nov. 28, 2001 115 Stat. 778 Pub. L. 106553,  1(a)(2) [title II,  207] Dec. 21, 2000 114 Stat. 2762 Pub. L. 106113, div. B,  1000(a)(1) [title II,  208] Nov. 29, 1999 113 Stat. 1535 Pub. L. 105277, div. A,  101(b) [title II,  208] Oct. 21, 1998 112 Stat. 268150 Pub. L. 105119, title II,  208 Nov. 26, 1997 111 Stat. 2480 Pub. L. 104208, div. A, title I,  101(a) [title II,  209] Sept. 30, 1996 110 Stat. 3009 Pub. L. 104134, title I,  101(a) [title II,  212] Apr. 26, 1996 110 Stat. 1321  884. Power to use books, maps, etc., and to employ persons  The President is authorized, in executing the provisions of title 56 of the Revised Statutes relating to the coast survey, to use all maps, charts, books, instruments, and apparatus belonging to the United States, and to direct where the same shall be deposited, and to employ all persons in the land or naval service of the United States, and such astronomers and other persons as he shall deem proper. (R.S.  4685.)  Editorial Notes  References in Text Title 56 of the Revised Statutes, referred to in text, was in the original this Title, meaning title 56 of the Revised Statutes, consisting of R.S.  4681 to 4691 of the Revised Statutes, which are classified to sections 881 to 883 and 884 to 888 of this title. For complete classification of R.S.  4681 to 4691 to the Code, see Tables. Codification Section was not enacted as part of act Aug. 6, 1947, ch. 504 61 Stat. 787 R.S.  4685 derived from act July 10, 1832, ch. 191,  2 4 Stat. 571  885. Repealed. Aug. 6, 1947, ch. 504,  10(6) 61 Stat. 788   Section, R.S.  4686, related to use of public vessels on coast surveys. See section 883h of this title  886, 887. Repealed. June 21, 1955, ch. 172,  5(1) 69 Stat. 170   Section 886, R.S.  4687, related to employment of officers of Army and Navy in the work of surveying the coast of the United States.  Section 887, R.S.  4688; acts Aug. 30, 1890, ch. 837,  1 26 Stat. 382 June 5, 1920, ch. 235,  1 41 Stat. 929 Statutory Notes and Related Subsidiaries Additional Repeal Sections were also repealed by act Aug. 10, 1956, ch. 1041,  53 70A Stat. 641 Aug. 10, 1956 Mar. 31, 1955  888. Omitted  Editorial Notes Codification Section, R.S.  264, 4690; acts Feb. 14, 1903, ch. 552 32 Stat. 826 Mar. 4, 1913, ch. 141,  1 37 Stat. 736 June 5, 1920, ch. 235,  1 41 Stat. 929 May 29, 1928, ch. 901,  1(104) 45 Stat. 994 Aug. 7, 1946, ch. 770,  1(5) 60 Stat. 866 Aug. 30, 1954, ch. 1076,  1(13) 68 Stat. 967  889, 890. Repealed. June 21, 1955, ch. 172,  5(5) 69 Stat. 170   Section 889, acts Mar. 4, 1909, ch. 313,  1 35 Stat. 1064 Mar. 4, 1913, ch. 141,  1 37 Stat. 736  Section 890, acts Mar. 4, 1909, ch. 313,  2 35 Stat. 1065 Mar. 4, 1913, ch. 141,  1 37 Stat. 736 SUBCHAPTER III NOAA FLEET MODERNIZATION  891. Definitions In this subchapter, the term (1) NOAA means the National Oceanic and Atmospheric Administration within the Department of Commerce. (2) NOAA fleet means the fleet of research vessels owned or operated by NOAA. (3) Plan means the NOAA Fleet Replacement and Modernization Plan described in section 891b of this title (4) Secretary means the Secretary of Commerce. (5) UNOLS means University-National Oceanographic Laboratory System. ( Pub. L. 102567, title VI,  602 Oct. 29, 1992 106 Stat. 4299  Statutory Notes and Related Subsidiaries Short Title For short title of this subchapter as the NOAA Fleet Modernization Act, see section 601 of Pub. L. 102567 section 851 of this title  891a. Fleet replacement and modernization program  The Secretary is authorized to implement, subject to the requirements of this subchapter, a 15-year program to replace and modernize the NOAA fleet. ( Pub. L. 102567, title VI,  603 Oct. 29, 1992 106 Stat. 4300  Editorial Notes  References in Text This subchapter, referred to in text, was in the original this Act, and was translated as reading this title, meaning title VI of Pub. L. 102567  891b. Fleet replacement and modernization Plan (a) In general To carry out the program authorized in section 891a of this title section 891h of this title (b) Timing The Plan required in subsection (a) shall be submitted to Congress within 30 days of October 29, 1992 (c) Plan elements The Plan required in subsection (a) shall include the following (1) the number of vessels proposed to be modernized or replaced, the schedule for their modernization or replacement, and anticipated funding requirements; (2) the number of vessels proposed to be constructed, leased, or chartered; (3) the number of vessels, or days at sea, that can be obtained by using the vessels of the UNOLS; (4) the number of vessels that will be made available to NOAA by the Secretary of the Navy, or any other federal 1 1 (5) the proposed acquisition of modern scientific instrumentation for the NOAA fleet, including acoustic systems, data transmission positioning and communication systems, physical, chemical, and meteorological oceanographic systems, and data acquisition and processing systems; and (6) the appropriate role of the NOAA Corps in operating and maintaining the NOAA fleet. (d) Contracting limitation The Secretary may not enter into any contract for the construction, lease, or service life extension of a vessel of the NOAA fleet before the date of the submission to Congress of the Plan required in subsection (a). ( Pub. L. 102567, title VI,  604 Oct. 29, 1992 106 Stat. 4300  Statutory Notes and Related Subsidiaries Fishery Survey Vessel Acquisition Pub. L. 106450, title III Nov. 7, 2000 114 Stat. 1945  SEC. 301. SHORT TITLE. This title may be cited as the Fisheries Survey Vessel Authorization Act of 2000. SEC. 302. ACQUISITION OF FISHERY SURVEY VESSELS. (a)  In General The Secretary, subject to the availability of appropriations, may in accordance with this section acquire, by purchase, lease, lease-purchase, or charter, and equip up to six fishery survey vessels in accordance with this section. (b)  Vessel Requirements Any vessel acquired and equipped under this section must (1) be capable of (A) staying at sea continuously for at least 30 days; (B) conducting fishery population surveys using hydroacoustic, longlining, deep water, and pelagic trawls, and other necessary survey techniques; and (C) conducting other work necessary to provide fishery managers with the accurate and timely data needed to prepare and implement fishery management plans; and (2) have a hull that meets the International Council for Exploration of the Sea standard regarding acoustic quietness. (c)  Authorization To carry out this section there are authorized to be appropriated to the Secretary $60,000,000 for each of fiscal years 2002 and 2003. Deactivation of NOAA Research Vessels Pub. L. 102567, title IV,  401(b)(4) Oct. 29, 1992 106 Stat. 4291  (A) Unless necessary for safety reasons, the Secretary of Commerce shall not deactivate the ALBATROSS IV (if active), until an equivalent replacement vessel is operational. (B) The Secretary of Commerce shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Merchant Marine and Fisheries [now Committee on Science, Space, and Technology] of the House of Representatives 60 days prior to the proposed deactivation of any other research vessel of the National Oceanic and Atmospheric Administration, if an equivalent replacement vessel will not become operational at the time of deactivation.  891c. Design of NOAA vessels (a) Design requirement Except for the vessel designs identified under subsection (b), the Secretary, working through the Office of the NOAA Corps Operations and the Systems Procurement Office, shall (1) prepare requirements for each class of vessel to be constructed or converted under the Plan; and (2) contract competitively from nongovernmental entities with expertise in shipbuilding for vessel design and construction based on the requirements for each class of vessel to be acquired. (b) Exception The Secretary shall (1) report to Congress identifying any existing vessel design or design proposal that meets the requirements of the Plan within 30 days after October 29, 1992 (2) submit to Congress as part of the annual update of the Plan required in section 891b of this title ( Pub. L. 102567, title VI,  605 Oct. 29, 1992 106 Stat. 4300  891d. Contract authority (a) Multiyear contracts (1) In general Subject to paragraphs (2) and (3), and notwithstanding section 1341 of title 31 section 6301 of title 41 (2) Required findings The Secretary may not enter into a contract pursuant to this subsection unless the Secretary finds with respect to that contract that (A) there is a reasonable expectation that throughout the contemplated contract period the Secretary will request from Congress funding for the contract at the level required to avoid contract termination; and (B) the use of the contract will promote the best interests of the United States by encouraging competition and promoting economic efficiency in the operation of the NOAA fleet. (3) Required contract provisions The Secretary may not enter into a contract pursuant to this subsection unless the contract includes (A) a provision under which the obligation of the United States to make payments under the contract for any fiscal year is subject to the availability of appropriations provided in advance for those payments; (B) a provision that specifies the term of effectiveness of the contract; and (C) appropriate provisions under which, in case of any termination of the contract before the end of the term specified pursuant to subparagraph (B), the United States shall only be liable for the lesser of (i) an amount specified in the contract for such a termination; or (ii) amounts that (I) were appropriated before the date of the termination for the performance of the contract or for procurement of the type of acquisition covered by the contract; and (II) are unobligated on the date of the termination. (b) Service contracts Notwithstanding any other provision of law, the Secretary may enter into multiyear contracts for oceanographic research, fisheries research, and mapping and charting services to assist the Secretary in fulfilling NOAA missions. The Secretary may only enter into these contracts if (1) the Secretary finds that it is in the public interest to do so; (2) the contract is for not more than 7 years; and (3) (A) the cost of the contract is less than the cost (including the cost of operation, maintenance, and personnel) to the NOAA of obtaining those services on NOAA vessels; or (B) NOAA vessels are not available or cannot provide those services. (c) Bonding authority Notwithstanding any other law, the Secretary may not require a contractor for the construction, alteration, repair or maintenance of a NOAA vessel to provide a bid bond, payment bond, performance bond, completion bond, or other surety instrument in an amount greater than 20 percent of the value of the base contract quantity (excluding options) unless the Secretary determines that requiring an instrument in that amount will not prevent a responsible bidder or offeror from competing for the award of the contract. ( Pub. L. 102567, title VI,  606 Oct. 29, 1992 106 Stat. 4301  Editorial Notes Codification In subsec. (a)(1), subsections (a) and (b) of section 6301 of title 41 41 U.S.C. 11 Pub. L. 111350,  6(c) Jan. 4, 2011 124 Stat. 3854  891e. Restriction with respect to certain shipyard subsidies (a) In general The Secretary of Commerce may not award a contract for the construction, repair (except emergency repairs), or alteration of any vessel of the National Oceanic and Atmospheric Administration in a shipyard, if that vessel benefits or would benefit from significant subsidies for the construction, repair, or alteration of vessels in that shipyard. (b) Significant subsidy defined In this section, the term significant subsidy includes, but is not limited to, any of the following: (1) Officially supported export credits. (2) Direct official operating support to the commercial shipbuilding and repair industry, or to a related entity that favors the operation of shipbuilding and repair, including but not limited to (A) grants; (B) loans and loan guarantees other than those available on the commercial market; (C) forgiveness of debt; (D) equity infusions on terms inconsistent with commercially reasonable investment practices; and (E) preferential provision of goods and services. (3) Direct official support for investment in the commercial shipbuilding and repair industry, or to a related entity that favors the operation of shipbuilding and repair, including but not limited to the kinds of support listed in paragraph (2)(A) through (E), and any restructuring support, except public support for social purposes directly and effectively linked to shipyard closures. (4) Assistance in the form of grants, preferential loans, preferential tax treatment, or otherwise, that benefits or is directly related to shipbuilding and repair for purposes of research and development that is not equally open to domestic and foreign enterprises. (5) Tax policies and practices that favor the shipbuilding and repair industry, directly or indirectly, such as tax credits, deductions, exemptions, and preferences, including accelerated depreciation, if such benefits are not generally available to persons or firms not engaged in shipbuilding or repair. (6) Any official regulation or practice that authorizes or encourages persons or firms engaged in shipbuilding or repair to enter into anticompetitive arrangements. (7) Any indirect support directly related, in law or in fact, to shipbuilding and repair at national yards, including any public assistance favoring shipowners with an indirect effect on shipbuilding or repair activities, and any assistance provided to suppliers of significant inputs to shipbuilding, which results in benefits to domestic shipbuilders. (8) Any export subsidy identified in the Illustrative List of Export Subsidies in the Annex to the Agreement on Subsidies and Countervailing Measures referred to in section 3511(d)(12) of title 19 ( Pub. L. 102567, title VI,  607 Oct. 29, 1992 106 Stat. 4302 Pub. L. 10636, title I,  1002(f) June 25, 1999 113 Stat. 133  Editorial Notes Amendments 1999Subsec. (b)(8). Pub. L. 10636 section 3511(d)(12) of title 19 Statutory Notes and Related Subsidiaries Fisheries Research Vessel Procurement Pub. L. 106450, title IV,  401 Nov. 7, 2000 114 Stat. 1945 Notwithstanding section 644 of title 15  891e1. Shipyards located outside of the United States  On and after December 26, 2007 ( Pub. L. 110161, div. B, title V,  506 Dec. 26, 2007 121 Stat. 1925  Editorial Notes  References in Text This Act, referred to in text, is div. B of Pub. L. 110161 Dec. 26, 2007 121 Stat. 1884 Codification Section was enacted as part of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2008, and also as part of the Consolidated Appropriations Act, 2008, and not as part of the NOAA Fleet Modernization Act which comprises this subchapter.  891f. Use of vessels (a) Vessel agreements In implementing the NOAA fleet replacement and modernization program, the Secretary shall use excess capacity of UNOLS vessels where appropriate and may enter into memoranda of agreement with the operators of these vessels to carry out this requirement. (b) Report to Congress Within one year after October 29, 1992 ( Pub. L. 102567, title VI,  608 Oct. 29, 1992 106 Stat. 4303  891g. Interoperability  The Secretary shall consult with the Oceanographer of the Navy regarding appropriate measures that should be taken, on a reimbursable basis, to ensure that NOAA vessels are interoperable with vessels of the Department of the Navy, including with respect to operation, maintenance, and repair of those vessels. ( Pub. L. 102567, title VI,  609 Oct. 29, 1992 106 Stat. 4303  Statutory Notes and Related Subsidiaries Interoperability of Vessels Pub. L. 102567, title IV,  401(b)(5) Oct. 29, 1992 106 Stat. 4291 The Secretary of Commerce shall consult with the Oceanographer of the Navy regarding appropriate cost effective and practical measures to allow vessels of the National Oceanic and Atmospheric Administration to be interoperable with vessels of the Department of the Navy, including with respect to operation, maintenance, and repair of those vessels.  891h. Authorization of appropriations (a) In general There are authorized to be appropriated to the Secretary for carrying out this subchapter (1) $50,000,000 for fiscal year 1993; (2) $100,000,000 for fiscal year 1994; and (3) such sums as are necessary for each of the fiscal years 1995, 1996, and 1997. (b) Limitation on fleet modernization activities All National Oceanic and Atmospheric Administration fleet modernization shipbuilding, and conversion shall be conducted in accordance with this subchapter. ( Pub. L. 102567, title VI,  610 Oct. 29, 1992 106 Stat. 4303 SUBCHAPTER IV NOAA HYDROGRAPHIC SERVICES  892. Definitions In this subchapter: (1) Administrator The term Administrator means the Administrator of the National Oceanic and Atmospheric Administration. (2) Administration The term Administration means the National Oceanic and Atmospheric Administration. (3) Hydrographic data The term hydrographic data means information that (A) is acquired through (i) hydrographic, bathymetric, photogrammetric, lidar, radar, remote sensing, or shoreline and other ocean- and coastal-related surveying; (ii) geodetic, geospatial, or geomagnetic measurements; (iii) tide, water level, and current observations; or (iv) other methods; and (B) is used in providing hydrographic services. (4) Hydrographic services The term hydrographic services means (A) the management, maintenance, interpretation, certification, and dissemination of bathymetric, hydrographic, shoreline, geodetic, geospatial, geomagnetic, and tide, water level, and current information, including the production of nautical charts, nautical information databases, hydrodynamic forecast and datum transformation models, and other products derived from hydrographic data; (B) the development of nautical information systems; and (C) related activities. (5) Coast and Geodetic Survey Act The term Coast and Geodetic Survey Act means the Act entitled An Act to define the functions and duties of the Coast and Geodetic Survey, and for other purposes, approved August 6, 1947 33 U.S.C. 883a ( Pub. L. 105384, title III,  302 Nov. 13, 1998 112 Stat. 3454 Pub. L. 107372, title I,  102 Dec. 19, 2002 116 Stat. 3079 Pub. L. 110386,  2 Oct. 10, 2008 122 Stat. 4106 Pub. L. 117263, div. J, title CIII,  10308(a) Dec. 23, 2022 136 Stat. 3980  Editorial Notes  References in Text This subchapter, referred to in text, was in the original this title, meaning title III of Pub. L. 105384 Nov. 13, 1998 112 Stat. 3454 section 851 of this title Act of August 6, 1947 act Aug. 6, 1947, ch. 504 61 Stat. 787 Amendments 2022Par. (4)(A). Pub. L. 117263 2008Pars. (3) to (5). Pub. L. 110386 33 U.S.C. 892 2002Par. (3). Pub. L. 107372,  102(1) Par. (4). Pub. L. 107372,  102(2) Statutory Notes and Related Subsidiaries Short Title For short title of this subchapter as the Hydrographic Services Improvement Act of 1998, see section 301 of Pub. L. 105384 section 851 of this title  892a. Functions of the Administrator (a) Responsibilities To fulfill the data gathering and dissemination duties of the Administration under the Coast and Geodetic Survey Act, promote safe, efficient and environmentally sound marine transportation, and otherwise fulfill the purposes of this subchapter, the Administrator shall (1) acquire and disseminate hydrographic data and provide hydrographic services; (2) promulgate standards for hydrographic data used by the Administration in providing hydrographic services; (3) promulgate standards for hydrographic services provided by the Administration; (4) ensure comprehensive geographic coverage of hydrographic services, in cooperation with other appropriate Federal agencies; (5) maintain a national database of hydrographic data, in cooperation with other appropriate Federal agencies; (6) provide hydrographic services in uniform, easily accessible formats; (7) participate in the development of, and implement for the United States in cooperation with other appropriate Federal agencies, international standards for hydrographic data and hydrographic services; and (8) to the greatest extent practicable and cost-effective, fulfill the requirements of paragraphs (1) and (6) through contracts or other agreements with private sector entities. (b) Authorities To fulfill the data gathering and dissemination duties of the Administration under the Coast and Geodetic Survey Act, promote precision navigation, safe, efficient, and environmentally sound marine transportation, and otherwise fulfill the purposes of this subchapter, subject to the availability of appropriations, the Administrator (1) may procure, lease, evaluate, test, develop, and operate vessels, equipment, and technologies necessary to ensure safe navigation and maintain operational expertise in hydrographic data acquisition and hydrographic services; (2) shall, subject to the availability of appropriations, design, install, maintain, and operate real-time hydrographic monitoring systems and hydrodynamic forecast models to enhance navigation safety and efficiency and provide foundational information and services required to support coastal resilience planning for coastal transportation and other infrastructure, coastal protection and restoration projects, and related activities; (3) where appropriate and to the extent that it does not detract from the promotion of safe and efficient navigation, may acquire hydrographic data and provide hydrographic services to support the conservation and management of coastal and ocean resources; (4) where appropriate, may acquire hydrographic data and provide hydrographic services to save and protect life and property and support the resumption of commerce in response to emergencies, natural and man-made disasters, and homeland security and maritime domain awareness needs, including obtaining mission assignments (as defined in section 741 of title 6 (5) may create, support, and maintain such joint centers with other Federal agencies and other entities as the Administrator deems appropriate or necessary to carry out the purposes of this subchapter; and (6) notwithstanding the existence of such joint centers, shall award contracts for the acquisition of hydrographic data in accordance with subchapter VI of chapter 10 of title 40. 1 1 (c) Conservation and management of coastal and ocean resources Where appropriate and to the extent that it does not detract from the promotion of safe and efficient navigation, the Secretary may use hydrographic data and services to support the conservation and management of coastal and ocean resources. ( Pub. L. 105384, title III,  303 Nov. 13, 1998 112 Stat. 3454 Pub. L. 107372, title I,  103 Dec. 19, 2002 116 Stat. 3079 Pub. L. 110386,  3 Oct. 10, 2008 122 Stat. 4107 Pub. L. 117263, div. J, title CIII,  10308(b) Dec. 23, 2022 136 Stat. 3980  Editorial Notes  References in Text This subchapter, referred to in subsecs. (a) and (b), was in the original this Act, and was translated, to reflect the probable intent of Congress, as reading this title, meaning title III of Pub. L. 105384 Nov. 13, 1998 112 Stat. 3454 section 851 of this title Subchapter VI of chapter 10 of title 40, referred to in subsec. (b)(6), probably means title IX of the Federal Property and Administrative Services Act of 1949, act June 30, 1949, ch. 288 Pub. L. 92582 Oct. 27, 1972 86 Stat. 1278 Pub. L. 107217 Aug. 21, 2002 116 Stat. 1062 section 101 of Title 40 June 30, 1949 Amendments 2022Subsec. (b). Pub. L. 117263,  10308(b)(1) Subsec. (b)(2). Pub. L. 117263,  10308(b)(2) 2008Subsec. (a). Pub. L. 110386,  3(1) Subsec. (a)(1). Pub. L. 110386,  3(2) Subsec. (b). Pub. L. 110386,  3(3) 2002Subsec. (b)(4). Pub. L. 107372,  103(a) Subsec. (c). Pub. L. 107372,  103(b) Statutory Notes and Related Subsidiaries Charting and Survey Services Pub. L. 116259, title V,  501 Dec. 23, 2020 134 Stat. 1178  (a)  In General Not later than 270 days after the development of the strategy required by section 1002(b) of the Frank LoBiondo Coast Guard Authorization Act of 2018 [ Pub. L. 115282 33 U.S.C. 892a (b)  Charting and Surveys in the Arctic In soliciting and engaging the services of vessels under subsection (a), the Secretary shall particularly emphasize the need for charting and surveys in the Arctic. System for Tracking and Reporting All-Inclusive Cost of Hydrographic Surveys Pub. L. 115282, title X,  1002 Dec. 4, 2018 132 Stat. 4365  (a)  In General Not later than 1 year after the date of the enactment of this Act [ Dec. 4, 2018 (1) develop and implement a system to track and report the full cost to the Department of Commerce of hydrographic data collection, including costs relating to vessel acquisition, vessel repair, and administration of contracts to procure data; (2) evaluate measures for comparing cost per unit effort in addition to measures of cost per nautical square mile; and (3) submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report on which additional measures for comparing cost per unit effort the Secretary intends to use and the rationale for such use. (b)  Development of Strategy for Increased Contracting With Nongovernmental Entities for Hydrographic Data Collection Not later than 180 days after the date on which the Secretary completes the activities required by subsection (a), the Secretary shall develop a strategy for how the National Oceanic and Atmospheric Administration will increase contracting with nongovernmental entities for hydrographic data collection in a manner that is consistent with the requirements of the Ocean and Coastal Mapping Integration Act ([subtitle B of title XII of] Public Law 11111 33 U.S.C. 3501 Hydrographic Survey Pub. L. 106541, title V,  554 Dec. 11, 2000 114 Stat. 2679  The Secretary [of the Army] shall enter into an agreement with the Administrator of the National Oceanic and Atmospheric Administration (1) to require the Secretary, not later than 60 days after the Corps of Engineers completes a project involving dredging of a channel, to provide data to the Administration in a standard digital format on the results of a hydrographic survey of the channel conducted by the Corps of Engineers; and (2) to require the Administrator to provide the final charts with respect to the project to the Secretary in digital format, at no charge, for the purpose of enhancing the mission of the Corps of Engineers of maintaining Federal navigation projects.  892b. Quality assurance program (a) Definition For purposes of this section, the term hydrographic product means any publicly or commercially available product or service produced or disseminated by a non-Federal entity that includes or displays hydrographic data. (b) Program (1) In general The Administrator (A) by not later than 2 years after December 19, 2002 section 892a(a)(3) of this title (B) may authorize the use of the emblem or any trademark of the Administration on a hydrographic product certified under subparagraph (A); and (C) may charge a fee for such certification and use. (2) Limitation on fee amount Any fee under paragraph (1)(C) shall not exceed the costs of conducting the quality assurance testing, evaluation, or studies necessary to determine whether the hydrographic product satisfies the standards adopted under section 892a(a)(3) of this title (c) Limitation on liability The Government of the United States shall not be liable for any negligence by a person that produces hydrographic products certified under this section. (d) Hydrographic Services Account (1) Establishment There is established in the Treasury a separate account, which shall be known as the Hydrographic Services Account. (2) Content The account shall consist of (A) amounts received by the United States as fees charged under subsection (b)(1)(C); and (B) such other amounts as may be provided by law. (3) Use Amounts in the account shall be available to the Administrator, without further appropriation, for hydrographic services. (e) Limitation on new fees and increases in existing fees for hydrographic services After November 13, 1998 (1) establish any fee or other charge for the provision of any hydrographic service except as authorized by this section; or (2) increase the amount of any fee or other charge for the provision of any hydrographic service except as authorized by this section and section 1307 of title 44 ( Pub. L. 105384, title III,  304 Nov. 13, 1998 112 Stat. 3455 Pub. L. 107372, title I,  104(a) Dec. 19, 2002 116 Stat. 3080 Pub. L. 117263, div. J, title CIII,  10308(c) Dec. 23, 2022 136 Stat. 3980  Editorial Notes Amendments 2022Subsec. (a). Pub. L. 117263 2002Subsec. (b)(1). Pub. L. 107372 (A) develop and implement a quality assurance program that is equally available to all applicants, under which the Administrator may certify hydrographic products that satisfy the standards promulgated by the Administrator under section 892a(a)(3) of this title (B) authorize the use of the emblem or any trademark of the Administration on a hydrographic product certified under subparagraph (A); and (C) charge a fee for such certification and use.  892c. Hydrographic Services Review Panel (a) Establishment No later than 1 year after December 19, 2002 (b) Duties (1) In general The panel shall advise the Administrator on matters related to the responsibilities and authorities set forth in section 892a of this title (2) Administrative resources The Administrator shall make available to the panel such information, personnel, and administrative services and assistance as it may reasonably require to carry out its duties. (c) Membership (1) In general (A) The panel shall consist of 15 voting members who shall be appointed by the Administrator. The Co-directors of the Center for Coastal and Ocean Mapping/Joint Hydrographic Center and no more than 2 employees of the National Oceanic and Atmospheric Administration appointed by the Administrator shall serve as nonvoting members of the panel. The voting members of the panel shall be individuals who, by reason of knowledge, experience, or training, are especially qualified in 1 or more of the disciplines and fields relating to hydrographic data and hydrographic services, marine transportation, port administration, vessel pilotage, coastal and fishery management, and other disciplines as determined appropriate by the Administrator. (B) An individual may not be appointed as a voting member of the panel if the individual is a full-time officer or employee of the United States. (C) Any voting member of the panel who is an applicant for, or beneficiary (as determined by the Secretary) of, any assistance under this subchapter shall disclose to the panel that relationship, and may not vote on any matter pertaining to that assistance. (2) Terms (A) The term of office of a voting member of the panel shall be 4 years, except that of the original appointees, five shall be appointed for a term of 2 years, five shall be appointed for a term of 3 years, and five shall be appointed for a term of 4 years, as specified by the Administrator at the time of appointment. (B) Any individual appointed to a partial or full term may be reappointed for one additional full term. A voting member may serve after the date of the expiration of the term of office for which appointed until his or her successor has taken office. (3) Nominations At least once each year, the Secretary shall publish a notice in the Federal Register soliciting nominations for membership on the panel. (4) Chairman and Vice Chairman (A) The panel shall select one voting member to serve as the Chairman and another voting member to serve as the Vice Chairman. (B) The Vice Chairman shall act as Chairman in the absence or incapacity of the Chairman. (d) Compensation Voting members of the panel shall (1) receive compensation at a rate established by the Secretary, not to exceed the maximum daily rate payable under section 5376 of title 5 (2) be reimbursed for actual and reasonable expenses incurred in the performance of such duties. (e) Meetings The panel shall meet on a biannual basis and, at any other time, at the call of the Chairman or upon the request of a majority of the voting members or of the Secretary. (f) Powers The panel may exercise such powers as are reasonably necessary in order to carry out its duties under subsection (b). ( Pub. L. 105384, title III,  305 Nov. 13, 1998 112 Stat. 3456 Pub. L. 105383, title IV,  432(c) Nov. 13, 1998 112 Stat. 3445 Pub. L. 107372, title I,  105 Dec. 19, 2002 116 Stat. 3080 Pub. L. 110386,  4 Oct. 10, 2008 122 Stat. 4107  Editorial Notes  References in Text This subchapter, referred to in subsec. (c)(1)(C), was in the original this Act, and was translated, to reflect the probable intent of Congress, as reading this title, meaning title III of Pub. L. 105384 Nov. 13, 1998 112 Stat. 3454 section 851 of this title Amendments 2008Subsec. (c)(1)(A). Pub. L. 110386 2002 Pub. L. 107372 November 13, 1998 1998 Pub. L. 105383 (a) Ports November 13, 1998 (1) the status of implementation of real-time tide and current data systems in United States ports; (2) existing safety and efficiency needs in United States ports that could be met by increased use of those systems; and (3) a plan for expanding those systems to meet those needs, including an estimate of the cost of implementing those systems in priority locations. Statutory Notes and Related Subsidiaries Effective Date of 1998 Amendment Pub. L. 105383, title IV,  432(a) Nov. 13, 1998 112 Stat. 3444  Subsections (b) and (c) [amending this section and section 892d of this title (1) the enactment of the Hydrographic Services Improvement Act of 1998 [ Pub. L. 105384, title III Nov. 13, 1998 (2) the enactment of this Act [ Nov. 13, 1998  892d. Authorization of appropriations (a) In general There are authorized to be appropriated to the Administrator the following: (1) To carry out nautical mapping and charting functions under sections 892b and 892c of this title, except for conducting hydrographic surveys, $71,000,000 for each of fiscal years 2023 through 2028. (2) To contract for hydrographic surveys under section 892b(b)(1) of this title (3) To operate hydrographic survey vessels owned by the United States and operated by the Administration, $38,000,000 for each of fiscal years 2023 through 2028. (4) To carry out geodetic functions under this subchapter, $45,000,000 for each of fiscal years 2023 through 2028. (5) To carry out tide and current measurement functions under this subchapter, $35,000,000 for each of fiscal years 2023 through 2028. (6) To acquire a replacement hydrographic survey vessel capable of staying at sea continuously for at least 30 days $75,000,000. (b) Arctic programs Of the amount authorized by this section for each fiscal year (1) $10,000,000 is authorized for use in the Arctic (A) to acquire hydrographic data; (B) to provide hydrographic services; (C) to conduct coastal change analyses necessary to ensure safe navigation; (D) to improve the management of coastal change; and (E) to reduce risks of harm to subsistence and coastal communities associated with increased international maritime traffic; and (2) $2,000,000 is authorized for use to acquire hydrographic data and provide hydrographic services in the Arctic necessary to delineate the United States extended Continental Shelf. (c) Limitation on administrative expenses for surveys Of amounts authorized by this section for each fiscal year for contract hydrographic surveys, not more than 5 percent is authorized for administrative costs associated with contract management. ( Pub. L. 105384, title III,  306 Nov. 13, 1998 112 Stat. 3457 Pub. L. 105383, title IV,  432(b) Nov. 13, 1998 112 Stat. 3445 Pub. L. 107372, title I,  106 Dec. 19, 2002 116 Stat. 3081 Pub. L. 110386,  5 Oct. 10, 2008 122 Stat. 4108 Pub. L. 115282, title X,  1001 Dec. 4, 2018 132 Stat. 4364 Pub. L. 117263, div. J, title CIII,  10308(d) Dec. 23, 2022 136 Stat. 3980  Editorial Notes  References in Text This subchapter, referred to in subsec. (a)(4), (5), was in the original this title, meaning title III of Pub. L. 105384 Nov. 13, 1998 112 Stat. 3454 section 851 of this title Amendments 2022Subsec. (a)(1). Pub. L. 117263,  10308(d)(1) Subsec. (a)(2). Pub. L. 117263,  10308(d)(2) Subsec. (a)(3). Pub. L. 117263,  10308(d)(3) Subsec. (a)(4). Pub. L. 117263,  10308(d)(4) Subsec. (a)(5). Pub. L. 117263,  10308(d)(5) 2018Subsec. (a). Pub. L. 115282,  1001(a)(1) Subsec. (a)(1). Pub. L. 115282,  1001(a)(2)(A) (A) $55,000,000 for fiscal year 2009; (B) $56,000,000 for fiscal year 2010; (C) $57,000,000 for fiscal year 2011; and (D) $58,000,000 for fiscal year 2012. Subsec. (a)(2). Pub. L. 115282,  1001(a)(2)(B) (A) $32,130,000 for fiscal year 2009; (B) $32,760,000 for fiscal year 2010; (C) $33,390,000 for fiscal year 2011; and (D) $34,020,000 for fiscal year 2012. Subsec. (a)(3). Pub. L. 115282,  1001(a)(2)(C) (A) $25,900,000 for fiscal year 2009; (B) $26,400,000 for fiscal year 2010; (C) $26,900,000 for fiscal year 2011; and (D) $27,400,000 for fiscal year 2012. Subsec. (a)(4). Pub. L. 115282,  1001(a)(2)(D) (A) $32,640,000 for fiscal year 2009; (B) $33,280,000 for fiscal year 2010; (C) $33,920,000 for fiscal year 2011; and (D) $34,560,000 for fiscal year 2012. Subsec. (a)(5). Pub. L. 115282,  1001(a)(2)(E) (A) $27,000,000 for fiscal year 2009; (B) $27,500,000 for fiscal year 2010; (C) $28,000,000 for fiscal year 2011; and (D) $28,500,000 for fiscal year 2012. Subsec. (b). Pub. L. 115282,  1001(a)(3) Subsec. (c). Pub. L. 115282,  1001(b) 2008 Pub. L. 110386 2002 Pub. L. 107372 (1) To carry out nautical mapping and charting functions under the Act of 1947 and sections 892a and 892b of this title, except for conducting hydrographic surveys, $33,000,000 for fiscal year 1999, $34,000,000 for fiscal year 2000, and $35,000,000 for fiscal year 2001. (2) To conduct hydrographic surveys under section 892a(a)(1) of this title (3) To carry out geodetic functions under the Act of 1947, $25,000,000 for fiscal year 1999, $30,000,000 for fiscal year 2000, and $30,000,000 for fiscal year 2001. (4) To carry out tide and current measurement functions under the Act of 1947, $22,500,000 for each of fiscal years 1999 through 2001. Of these amounts $4,500,000 is authorized for each fiscal year to implement and operate a national quality control system for real-time tide and current and maintain the national tide network, and $7,000,000 is authorized for each fiscal year to design and install real-time tide and current data measurement systems under section 892a(b)(4) of this title 1998 Pub. L. 105383 Statutory Notes and Related Subsidiaries Effective Date of 1998 Amendment Amendment by Pub. L. 105383 Pub. L. 105384 Nov. 13, 1998 section 432(a) of Pub. L. 105383 section 892c of this title SUBCHAPTER V RESEARCH, DEVELOPMENT, EDUCATION, AND INNOVATION  893. Ocean and atmospheric research and development program (a) In general The Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Director of the National Science Foundation and the Administrator of the National Aeronautics and Space Administration, shall establish a coordinated program of ocean, coastal, Great Lakes, and atmospheric research and development, in collaboration with academic institutions and other nongovernmental entities, that shall focus on the development of advanced technologies and analytical methods that will promote United States leadership in ocean and atmospheric science and competitiveness in the applied uses of such knowledge. (b) Oceanic and atmospheric research and development program The Administrator shall implement programs and activities (1) to identify emerging and innovative research and development priorities to enhance United States competitiveness, support development of new economic opportunities based on NOAA research, observations, monitoring modeling, and predictions that sustain ecosystem services; (2) to promote United States leadership in oceanic and atmospheric science and competitiveness in the applied uses of such knowledge, including for the development and expansion of economic opportunities; and (3) to advance ocean, coastal, Great Lakes, and atmospheric research and development, including potentially transformational research, in collaboration with other relevant Federal agencies, academic institutions, the private sector, and nongovernmental programs, consistent with NOAAs mission to understand, observe, and model the Earths atmosphere and biosphere, including the oceans, in an integrated manner. (c) Report No later than 12 months after January 4, 2011 (1) define transformational research; (2) identify emerging and innovative areas of research and development where transformational research has the potential to make significant and revolutionary  1 1 (3) describe how transformational research priorities are identified and appropriately  1 (4) describe NOAAs plan for developing a competitive peer review and priority-setting  1 (5) describe partnerships with other agencies involved in transformational research. ( Pub. L. 11069, title IV,  4001 Aug. 9, 2007 121 Stat. 599 Pub. L. 111358, title III,  301 Jan. 4, 2011 124 Stat. 3996  Editorial Notes Amendments 2011 Pub. L. 111358 Statutory Notes and Related Subsidiaries  Change of Name Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011  893a. NOAA ocean and atmospheric science education programs (a) In general The Administrator of the National Oceanic and Atmospheric Administration shall conduct, develop, support, promote, and coordinate formal and informal educational activities at all levels to enhance public awareness and understanding of ocean, coastal, Great Lakes, and atmospheric science and stewardship by the general public and other coastal stakeholders, including underrepresented groups in ocean and atmospheric science and policy careers. In conducting those activities, the Administrator shall build upon the educational programs and activities of the agency, with consideration given to the goal of promoting the participation of individuals identified in sections 1885a and 1885b of title 42 in STEM fields and in promoting the acquisition and retention of highly qualified and motivated young scientists to complement and supplement workforce needs. (b) Educational program goals The education programs developed by NOAA shall, to the extent applicable (1) carry out and support research based programs and activities designed to increase student interest and participation in STEM; (2) improve public literacy in STEM; (3) employ proven strategies and methods for improving student learning and teaching in STEM; (4) provide curriculum support materials and other resources that (A) are designed to be integrated with comprehensive STEM education; (B) are aligned with national science education standards; (C) are designed considering the unique needs of underrepresented groups, translating such materials and other resources; (D) promote the adoption and implementation of high-quality education practices that build toward college and career-readiness; and (E) are promoted widely, especially among individuals identified in sections 1885a and 1885b of title 42; and (5) create and support opportunities for enhanced and ongoing professional development for teachers using best practices that improves the STEM content and knowledge of the teachers, including through programs linking STEM teachers with STEM educators at the higher education level. (c) NOAA science education plan The Administrator, appropriate National Oceanic and Atmospheric Administration programs, ocean atmospheric science and education experts, and interested members of the public shall maintain a science education plan setting forth education goals and strategies for the Administration, as well as programmatic actions to carry out such goals and priorities over the next 20 years, and evaluate and update such plan every 5 years. (d) Metrics In executing the National Oceanic and Atmospheric Administration science education plan under subsection (c), the Administrator shall maintain a comprehensive system for evaluating the Administrations educational programs and activities. In so doing, the Administrator shall ensure that such education programs have measurable objectives and milestones as well as clear, documented metrics for evaluating programs. For each such education program or portfolio of similar programs, the Administrator shall (1) encourage the collection of evidence as relevant to the measurable objectives and milestones; and (2) ensure that program or portfolio evaluations focus on educational outcomes and not just inputs, activities completed, or the number of participants. (e) Construction Nothing in this section may be construed to affect the application of section 1232a of title 20 (f) STEM defined In this section, the term STEM means the academic and professional disciplines of science, technology, engineering, and mathematics. ( Pub. L. 11069, title IV,  4002 Aug. 9, 2007 121 Stat. 600 Pub. L. 111358, title III,  302 Jan. 4, 2011 124 Stat. 3997 Pub. L. 114329, title III,  314 Jan. 6, 2017 130 Stat. 3015  Editorial Notes Amendments 2017Subsec. (a). Pub. L. 114329,  314(a) Subsec. (b)(4)(C) to (E). Pub. L. 114329,  314(b) Subsecs. (d) to (f). Pub. L. 114329,  314(c) 2011Subsec. (a). Pub. L. 111358,  302(1) Subsec. (b). Pub. L. 111358,  302(3) Subsec. (c). Pub. L. 111358,  302(4) Pub. L. 111358,  302(2) Subsec. (d). Pub. L. 111358,  302(2) Subsec. (e). Pub. L. 111358,  302(5)  893b. NOAAs contribution to innovation (a) Participation in interagency activities The National Oceanic and Atmospheric Administration shall be a full participant in any interagency effort to promote innovation and economic competitiveness through near-term and long-term basic scientific research and development and the promotion of science, technology, engineering, and mathematics education, consistent with the agency mission, including authorized activities. (b) Historic foundation In order to carry out the participation described in subsection (a), the Administrator of the National Oceanic and Atmospheric Administration shall build on the historic role of the National Oceanic and Atmospheric Administration in stimulating excellence in the advancement of ocean and atmospheric science and engineering disciplines and in providing opportunities and incentives for the pursuit of academic studies in science, technology, engineering, and mathematics. ( Pub. L. 11069, title IV,  4003 Aug. 9, 2007 121 Stat. 600  893c. Workforce study (a) In general The Under Secretary of Commerce for Oceans and Atmosphere, in cooperation with the Secretary of Education, shall request the National Academy of Sciences to conduct a study on the scientific workforce in the areas of oceanic and atmospheric research and development. The study shall investigate (1) whether there is a shortage in the number of individuals with advanced degrees in oceanic and atmospheric sciences who have the ability to conduct high quality scientific research in physical and chemical oceanography, meteorology, and atmospheric modeling, and related fields, for government, nonprofit, and private sector entities; (2) whether there is a shortage in the number of individuals with technical or trade-based degrees, skillsets, or credentials suited to a career in oceanic and atmospheric data collection, processing, satellite production, or satellite operations; (3) what Federal programs are available to help facilitate the education of students hoping to pursue these degrees, skillsets, or credentials; (4) barriers to transitioning highly qualified oceanic and atmospheric scientists or highly qualified technical professionals and tradespeople into Federal civil service scientist career tracks; (5) what institutions of higher education, the private sector, and the Congress could do to increase the number of individuals with such post baccalaureate degrees, skillsets, or credentials; (6) the impact of an aging Federal workforce on the ability of Federal agencies to conduct high quality scientific research, observations, and monitoring; (7) what actions the Federal government can take to assist the transition of highly qualified scientists, technical professionals, and tradespeople into Federal career positions; (8) workforce diversity and actions the Federal Government can take to increase diversity in the scientific workforce; and (9) actions the Federal Government can take to shorten the hiring backlog for such workforce. (b) Coordination The Under Secretary of Commerce for Oceans and Atmosphere and the Secretary of Education shall consult with the heads of other Federal agencies and departments with oceanic and atmospheric expertise or authority in preparing the specifications for the study. (c) Report No later than 18 months after December 23, 2022 (d) Program and plan The Under Secretary of Commerce for Oceans and Atmosphere shall evaluate the National Academy of Sciences study and develop a workforce program and plan to institutionalize the Administrations Federal science career pathways and address aging workforce issues. The program and plan shall be developed in consultation with the Administrations cooperative institutes and other academic partners. ( Pub. L. 111358, title III,  303 Jan. 4, 2011 124 Stat. 3998 Pub. L. 117263, div. J, title CI,  10103 Dec. 23, 2022 136 Stat. 3957  Editorial Notes Amendments 2022Subsec. (a). Pub. L. 117263,  10103(a)(1) Subsec. (a)(2). Pub. L. 117263,  10103(a)(8) Pub. L. 117263,  10103(a)(2) Subsec. (a)(3). Pub. L. 117263,  10103(a)(7) Pub. L. 117263,  10103(a)(3) Subsec. (a)(4). Pub. L. 117263,  10103(a)(7) Pub. L. 117263,  10103(a)(4) Subsec. (a)(5). Pub. L. 117263,  10103(a)(7) Pub. L. 117263,  10103(a)(5) Subsec. (a)(6). Pub. L. 117263,  10103(a)(7) Pub. L. 117263,  10103(a)(6) Subsec. (a)(7). Pub. L. 117263,  10103(a)(7) Subsec. (a)(8), (9). Pub. L. 117263,  10103(a)(9) Subsec. (b). Pub. L. 117263,  10103(b) Subsec. (c). Pub. L. 117263,  10103(c) December 23, 2022 January 4, 2011 section 893a(b) of this title Subsec. (d). Pub. L. 117263,  10103(d) (1) sufficient highly qualified scientists are able to transition into Federal career scientist positions in the Administrations laboratories and programs; and (2) the technical and management experiences of senior employees are documented and transferred before leaving Federal service. SUBCHAPTER VI SEXUAL HARASSMENT AND ASSAULT PREVENTION  894. Actions to address sexual harassment at National Oceanic and Atmospheric Administration (a) Required policy Not later than 1 year after December 23, 2016 (b) Matters to be specified in policy The policy developed under subsection (a) shall include (1) establishment of a program to promote awareness of the incidence of sexual harassment; (2) clear procedures an individual should follow in the case of an occurrence of sexual harassment, including (A) a specification of the person or persons to whom an alleged occurrence of sexual harassment should be reported by an individual and options for confidential reporting, including (i) options and contact information for after-hours contact; and (ii) a procedure for obtaining assistance and reporting sexual harassment while working in a remote scientific field camp, at sea, or in another field status; and (B) a specification of any other person whom the victim should contact; (3) establishment of a mechanism by which (A) questions regarding sexual harassment can be confidentially asked and confidentially answered; and (B) incidents of sexual harassment can be reported on a restricted or unrestricted basis; and (4) a prohibition on retaliation and consequences for retaliatory actions. (c) Consultation and assistance In developing the policy required by subsection (a), the Secretary may consult or receive assistance from such State, local, and national organizations and subject matter experts as the Secretary considers appropriate. (d) Availability of policy The Secretary shall ensure that the policy developed under subsection (a) is available to (1) all employees of the Administration and members of the commissioned officer corps of the Administration, including those employees and members who conduct field work for the Administration; and (2) the public. (e) Geographic distribution of equal employment opportunity personnel The Secretary shall designate out of existing staff at least 1 employee of the Administration who is tasked with handling matters relating to equal employment opportunity or sexual harassment at each marine and aviation center of the Administration. (f) Quarterly reports (1) In general Not less frequently than 4 times each year, the Director of the Civil Rights Office of the Administration shall submit to the Under Secretary a report on sexual harassment in the Administration. (2) Contents Each report submitted under paragraph (1) shall include the following: (A) The number of sexual harassment cases, both actionable and non-actionable, involving individuals covered by the policy developed under subsection (a). (B) The number of open actionable sexual harassment cases and how long the cases have been open. (C) Such trends or region-specific issues as the Director may have discovered with respect to sexual harassment in the Administration. (D) Such recommendations as the Director may have with respect to sexual harassment in the Administration. ( Pub. L. 114328, div. C, title XXXV,  3541 Dec. 23, 2016 130 Stat. 2800 Pub. L. 116259, title V,  504(a)(1) Dec. 23, 2020 134 Stat. 1180  Editorial Notes Amendments 2020Subsec. (b)(3)(B). Pub. L. 116259  894a. Actions to address sexual assault at National Oceanic and Atmospheric Administration (a) Comprehensive policy on prevention of and response to sexual assaults Not later than 1 year after December 23, 2016 (b) Elements of comprehensive policy The comprehensive policy developed under subsection (a) shall, at minimum, address the following matters: (1) Prevention measures. (2) Education and training on prevention and response. (3) A list of support resources an individual may use in the occurrence of sexual assault, including (A) options and contact information for after-hours contact; and (B) a procedure for obtaining assistance and reporting sexual assault while working in a remote scientific field camp, at sea, or in another field status. (4) Easy and ready availability of information described in paragraph (3). (5) Establishing a mechanism by which (A) questions regarding sexual assault can be confidentially asked and confidentially answered; and (B) incidents of sexual assault can be reported on a restricted or unrestricted basis. (6) Protocols for the investigation of complaints by command and law enforcement personnel. (7) Prohibiting retaliation and consequences for retaliatory actions against someone who reports a sexual assault. (8) Oversight by the Under Secretary of administrative and disciplinary actions in response to substantiated incidents of sexual assault. (9) Victim advocacy, including establishment of and the responsibilities and training requirements for victim advocates as described in subsection (c). (10) Availability of resources for victims of sexual assault within other Federal agencies and State, local, and national organizations. (c) Victim advocacy (1) In general The Secretary, acting through the Under Secretary, shall establish victim advocates to advocate for victims of sexual assaults involving employees of the Administration, members of the commissioned officer corps of the Administration, and individuals who work with or conduct business on behalf of the Administration. (2) Victim advocates For purposes of this subsection, a victim advocate is an existing permanent employee of the Administration who (A) is trained in matters relating to sexual assault and the comprehensive policy developed under subsection (a); and (B) serves as a victim advocate voluntarily and in addition to the employees other duties as an employee of the Administration. (3) Primary duties The primary duties of a victim advocate established under paragraph (1) shall include the following: (A) Supporting victims of sexual assault and informing them of their rights and the resources available to them as victims. (B) Acting as a companion in navigating investigative, medical, mental and emotional health, and recovery processes relating to sexual assault. (C) Helping to identify resources to ensure the safety of victims of sexual assault. (4) Location The Secretary shall ensure that at least 1 victim advocate established under paragraph (1) is stationed (A) in each region in which the Administration conducts operations; and (B) in each marine and aviation center of the Administration. (5) Hotline (A) In general In carrying out this subsection, the Secretary shall provide a telephone number at which a victim of a sexual assault can contact a victim advocate. (B) 24-hour access The Secretary shall ensure that the telephone number established under subparagraph (A) is monitored at all times. (C) Partnership The Secretary shall, where possible, use established hotlines for purposes of this paragraph. (6) Formal relationships with other entities The Secretary may enter into formal relationships with other entities to make available additional victim advocates. (d) Availability of policy The Secretary shall ensure that the policy developed under subsection (a) is available to (1) all employees of the Administration and members of the commissioned officer corps of the Administration, including those employees and members who conduct field work for the Administration; and (2) the public. (e) Consultation and assistance In developing the policy required by subsection (a), the Secretary may consult or receive assistance from such State, local, and national organizations and subject matter experts as the Secretary considers appropriate. ( Pub. L. 114328, div. C, title XXXV,  3542 Dec. 23, 2016 130 Stat. 2801 Pub. L. 116259, title V,  504(a)(2) Dec. 23, 2020 134 Stat. 1180  Editorial Notes Amendments 2020Subsec. (b)(5)(B). Pub. L. 116259  894b. Rights of the victim of a sexual assault  A victim of a sexual assault covered by the comprehensive policy developed under section 894a(a) of this title ( Pub. L. 114328, div. C, title XXXV,  3543 Dec. 23, 2016 130 Stat. 2803  894c. Change of station (a) Change of station, unit transfer, or change of work location of victims (1) Timely consideration and action upon request The Secretary of Commerce, acting through the Under Secretary for Oceans and Atmosphere, shall (A) in the case of a member of the commissioned officer corps of the National Oceanic and Atmospheric Administration who was a victim of a sexual assault, in order to reduce the possibility of retaliation or further sexual assault, provide for timely determination and action on an application submitted by the victim for consideration of a change of station or unit transfer of the victim; and (B) in the case of an employee of the Administration who was a victim of a sexual assault, to the degree practicable and in order to reduce the possibility of retaliation against the employee for reporting the sexual assault, accommodate a request for a change of work location of the victim. (2) Procedures (A) Period for approval and disapproval The Secretary, acting through the Under Secretary, shall ensure that an application or request submitted under paragraph (1) for a change of station, unit transfer, or change of work location is approved or denied within 72 hours of the submission of the application or request. (B) Review If an application or request submitted under paragraph (1) by a victim of a sexual assault for a change of station, unit transfer, or change of work location of the victim is denied (i) the victim may request the Secretary to review the denial; and (ii) the Secretary, acting through the Under Secretary, shall, not later than 72 hours after receiving such request, affirm or overturn the denial. (b) Change of station, unit transfer, and change of work location of alleged perpetrators (1) In general The Secretary, acting through the Under Secretary, shall develop a policy for the protection of victims of sexual assault described in subsection (a)(1) by providing the alleged perpetrator of the sexual assault with a change of station, unit transfer, or change of work location, as the case may be, if the alleged perpetrator is a member of the commissioned officer corps of the Administration or an employee of the Administration. (2) Policy requirements The policy required by paragraph (1) shall include the following: (A) A means to control access to the victim. (B) Due process for the victim and the alleged perpetrator. (c) Regulations (1) In general The Secretary shall promulgate regulations to carry out this section. (2) Consistency When practicable, the Secretary shall make regulations promulgated under this section consistent with similar regulations promulgated by the Secretary of Defense. ( Pub. L. 114328, div. C, title XXXV,  3544 Dec. 23, 2016 130 Stat. 2803  894d. Applicability of policies to crews of vessels secured by National Oceanic and Atmospheric Administration under contract  The Under Secretary for Oceans and Atmosphere shall ensure that each contract into which the Under Secretary enters for the use of a vessel by the National Oceanic and Atmospheric Administration that covers the crew of the vessel, if any, shall include as a condition of the contract a provision that subjects such crew to the policy developed under section 894(a) of this title section 894a(a) of this title ( Pub. L. 114328, div. C, title XXXV,  3545 Dec. 23, 2016 130 Stat. 2804  894d1. Investigation requirement (a) Requirement to investigate (1) In general The Secretary of Commerce, acting through the Under Secretary for Oceans and Atmosphere, shall ensure that each allegation of sexual harassment reported under section 894 of this title section 894a of this title (2) Sense of Congress on commencement of investigation It is the sense of Congress that the Secretary should ensure that an investigation of alleged sexual harassment reported under section 894 of this title section 894a of this title (b) Notification of delay In any case in which the time between the reporting of alleged sexual harassment or sexual assault under section 894 or 894a of this title, respectively, and commencement of an investigation of the allegation exceeds 48 hours, the Secretary shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives of the delay. ( Pub. L. 114328, div. C, title XXXV,  3546 Pub. L. 116259, title V,  504(b)(2) Dec. 23, 2020 134 Stat. 1180  Editorial Notes Prior Provisions A prior section 3546 of Pub. L. 114328 section 894e of this title  894d2. Criminal referral  If the Secretary of Commerce finds, pursuant to an investigation under section 894d1 of this title ( Pub. L. 114328, div. C, title XXXV,  3547 Pub. L. 116259, title V,  504(b)(2) Dec. 23, 2020 134 Stat. 1180  Editorial Notes Prior Provisions A prior section 3547 of Pub. L. 114328 section 894f of this title  894e. Annual report on sexual assaults in the National Oceanic and Atmospheric Administration (a) In general Not later than January 15 of each year, the Secretary of Commerce shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report on the sexual assaults involving employees of the National Oceanic and Atmospheric Administration, members of the commissioned officer corps of the Administration, and individuals who work with or conduct business on behalf of the Administration. (b) Contents Each report submitted under subsection (a) shall include, with respect to the previous calendar year, the following: (1) The number of alleged sexual assaults involving employees, members, and individuals described in subsection (a). (2) A synopsis of each case and the disciplinary action taken, if any, in each case. (3) The policies, procedures, and processes implemented by the Secretary, and any updates or revisions to such policies, procedures, and processes. (4) A summary of the reports received by the Under Secretary for Oceans and Atmosphere under section 894(f) of this title (c) Privacy protection In preparing and submitting a report under subsection (a), the Secretary shall ensure that no individual involved in an alleged sexual assault can be identified by the contents of the report. ( Pub. L. 114328, div. C, title XXXV,  3548 Dec. 23, 2016 130 Stat. 2804 Pub. L. 116259, title V,  504(b)(1) Dec. 23, 2020 134 Stat. 1180  894f. Sexual assault defined  In this subchapter, the term sexual assault shall have the meaning given such term in section 12291(a) of title 34 ( Pub. L. 114328, div. C, title XXXV,  3549 Dec. 23, 2016 130 Stat. 2805 Pub. L. 116259, title V,  504(b)(1) Dec. 23, 2020 134 Stat. 1180 CHAPTER 18 LONGSHORE AND HARBOR WORKERS COMPENSATION    Sec.  901. Short title.  902. Definitions.  903. Coverage.  904. Liability for compensation.  905. Exclusiveness of liability.  906. Compensation.  907. Medical services and supplies.  908. Compensation for disability.  909. Compensation for death.  910. Determination of pay.  911. Guardian for minor or incompetent.  912. Notice of injury or death.  913. Filing of claims.  914. Payment of compensation.  915. Invalid agreements.  916. Assignment and exemption from claims of creditors.  917. Lien against compensation.  918. Collection of defaulted payments; special fund.  919. Procedure in respect of claims.  920. Presumptions.  921. Review of compensation orders.  921a. Appearance of attorneys for Secretary, deputy commissioner, or Board.  922. Modification of awards.  923. Procedure before deputy commissioner or Board.  924. Witnesses.  925. Witness fees.  926. Costs in proceedings brought without reasonable grounds.  927. Powers of deputy commissioners or Board.  928. Fees for services.  929. Record of injury or death.  930. Reports to Secretary.  931. Penalty for misrepresentation.  932. Security for compensation.  933. Compensation for injuries where third persons are liable.  934. Compensation notice.  935. Substitution of carrier for employer.  936. Insurance policies.  937. Certificate of compliance with chapter.  938. Penalties.  939. Administration by Secretary.  940. Deputy commissioners.  941. Safety rules and regulations.  942. Annual report.  943. Repealed.  944. Special fund.  945 947. Repealed.  948. Laws inapplicable.  948a. Discrimination against employees who bring proceedings; penalties; deposit of payments in special fund; civil actions; entitlement to restoration of employment and compensation, qualifications requirement; liability of employer for penalties and payments; insurance policy exemption from liability.  949. Effect of unconstitutionality.  950. Separability.  901. Short title  This chapter may be cited as Longshore and Harbor Workers Compensation Act. ( Mar. 4, 1927, ch. 509,  1 44 Stat. 1424 Pub. L. 98426,  27(d)(1) Sept. 28, 1984 98 Stat. 1654  Editorial Notes Amendments 1984 Pub. L. 98426 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Pub. L. 98426,  28(a) Sept. 28, 1984 98 Stat. 1655  (a) Except as otherwise provided in this section, the amendments made by this Act [enacting section 942 of this title section 932 of Title 30 section 907 of this title Sept. 28, 1984 (b) The amendments made by sections 7(a), 7(e), 8(f), 11(b), 11(c), and 13 [amending sections 907, 908, 912, and 914 of this title] shall be effective 90 days after the date of enactment of this Act [ Sept. 28, 1984 (c) The amendments made by sections 2(a), 3(a), 5, and 8(b) [amending sections 902, 903, 905, and 908 of this title] shall apply with respect to any injury after the date of enactment of this Act [ Sept. 28, 1984 (d) The amendments made by sections 6(a), 8(d), and 9 [amending sections 906, 908, and 909 of this title] shall apply with respect to any death after the date of enactment of this Act [ Sept. 28, 1984 (e) (1) The amendments made by sections 2(c), 8(c)(1), 8(e)(4), 8(e)(5), 8(g), 10(b), 15 through 20, and 22 through 27 [enacting section 942 of this title Sept. 24, 1984 (2) The amendments made by sections 7(b), 7(c), 7(d), and 8(h) [amending sections 907 and 908 of this title] shall be effective 90 days after the date of enactment of this Act [ Sept. 28, 1984 (f) The amendments made by section 6(b) [amending section 906 of this title Sept. 28, 1984 (g) For the purpose of this section (1) in the case of an occupational disease which does not immediately result in a disability or death, an injury shall be deemed to arise on the date on which the employee or claimant becomes aware, or in the exercise of reasonable diligence or by reason of medical advice should have been aware, of the disease; and (2) the term disability has the meaning given such term by section 2(10) of the Act [ section 902(10) of this title Effective Date Section 52, formerly  51, of act Mar. 4, 1927 Oct. 27, 1972 Pub. L. 92576,  19 86 Stat. 1263 Sections 39 to 48, 50 to 52 [50 to 52, formerly 49 to 51, renumbered Pub. L. 92576,  19 Mar. 4, 1927 July 1, 1927 Short Title of 1984 Amendment Pub. L. 98426,  1(a) Sept. 28, 1984 98 Stat. 1639 this Act [enacting section 942 of this title section 932 of Title 30 section 907 of this title Short Title of 1972 Amendment Pub. L. 92576,  1 Oct. 27, 1972 86 Stat. 1251 That this Act [enacting section 948a, amending sections 902, 903, 905 to 910, 912 to 914, 917, 919, 921, 921a, 923, 927, 928, 933, 935, 939, 940, and 944 of this title, and enacting and amending provisions set out as notes under this section and section 902 of this title References to Longshoremens and Harbor Workers Compensation Act Pub. L. 98426,  27(d)(2) Sept. 28, 1984 98 Stat. 1654 Reference in any other statute, regulation, order, or other document to the Longshoremens and Harbor Workers Compensation Act shall be deemed to refer to the Longshore and Harbor Workers Compensation Act.  902. Definitions When used in this chapter (1) The term person means individual, partnership, corporation, or association. (2) The term injury means accidental injury or death arising out of and in the course of employment, and such occupational disease or infection as arises naturally out of such employment or as naturally or unavoidably results from such accidental injury, and includes an injury caused by the willful act of a third person directed against an employee because of his employment. (3) The term employee means any person engaged in maritime employment, including any longshoreman or other person engaged in longshoring operations, and any harbor-worker including a ship repairman, shipbuilder, and ship-breaker, but such term does not include (A) individuals employed exclusively to perform office clerical, secretarial, security, or data processing work; (B) individuals employed by a club, camp, recreational operation, restaurant, museum, or retail outlet; (C) individuals employed by a marina and who are not engaged in construction, replacement, or expansion of such marina (except for routine maintenance); (D) individuals who (i) are employed by suppliers, transporters, or vendors, (ii) are temporarily doing business on the premises of an employer described in paragraph (4), and (iii) are not engaged in work normally performed by employees of that employer under this chapter; (E) aquaculture workers; (F) individuals employed to build any recreational vessel under sixty-five feet in length, or individuals employed to repair any recreational vessel, or to dismantle any part of a recreational vessel in connection with the repair of such vessel; (G) a master or member of a crew of any vessel; or (H) any person engaged by a master to load or unload or repair any small vessel under eighteen tons net; if individuals described in clauses (A) through (F) are subject to coverage under a State workers compensation law. (4) The term employer means an employer any of whose employees are employed in maritime employment, in whole or in part, upon the navigable waters of the United States (including any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area customarily used by an employer in loading, unloading, repairing, or building a vessel). (5) The term carrier means any person or fund authorized under section 932 of this title (6) The term Secretary means the Secretary of Labor. (7) The term deputy commissioner means the deputy commissioner having jurisdiction in respect of an injury or death. (8) The term State includes a Territory and the District of Columbia. (9) The term United States when used in a geographical sense means the several States and Territories and the District of Columbia, including the territorial waters thereof. (10) Disability means incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment; but such term shall mean permanent impairment, determined (to the extent covered thereby) under the guides to the evaluation of permanent impairment promulgated and modified from time to time by the American Medical Association, in the case of an individual whose claim is described in section 910(d)(2) of this title (11) Death as a basis for a right to compensation means only death resulting from an injury. (12) Compensation means the money allowance payable to an employee or to his dependents as provided for in this chapter, and includes funeral benefits provided therein. (13) The term wages means the money rate at which the service rendered by an employee is compensated by an employer under the contract of hiring in force at the time of the injury, including the reasonable value of any advantage which is received from the employer and included for purposes of any withholding of tax under subtitle C of title 26 (relating to employment taxes). The term wages does not include fringe benefits, including (but not limited to) employer payments for or contributions to a retirement, pension, health and welfare, life insurance, training, social security or other employee or dependent benefit plan for the employees or dependents benefit, or any other employees dependent entitlement. (14) Child shall include a posthumous child, a child legally adopted prior to the injury of the employee, a child in relation to whom the deceased employee stood in loco parentis for at least one year prior to the time of injury, and a stepchild or acknowledged illegitimate child dependent upon the deceased, but does not include married children unless wholly dependent on him. Grandchild means a child as above defined of a child as above defined. Brother and sister includes stepbrothers and stepsisters, half brothers and half sisters, and brothers and sisters by adoption, but does not include married brothers nor married sisters unless wholly dependent on the employee. Child, grandchild, brother, and sister include only a person who is under eighteen years of age, or who, though eighteen years of age or over, is (1) wholly dependent upon the employee and incapable of self-support by reason of mental or physical disability, or (2) a student as defined in paragraph (19) of this section. (15) The term parent includes step-parents and parents by adoption, parents-in-law, and any person who for more than three years prior to the death of the deceased employee stood in the place of a parent to him, if dependent on the injured employee. (16) The terms widow or widower includes only the decedents wife or husband living with or dependent for support upon him or her at the time of his or her death; or living apart for justifiable cause or by reason of his or her desertion at such time. (17) The terms adoption or adopted mean legal adoption prior to the time of the injury. (18) The term student means a person regularly pursuing a full-time course of study or training at an institution which is (A) a school or college or university operated or directly supported by the United States, or by any State or local government or political subdivision thereof, (B) a school or college or university which has been accredited by a State or by a State recognized or nationally recognized accrediting agency or body. (C) a school or college or university not so accredited but whose credits are accepted, on transfer, by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited, or (D) an additional type of educational or training institution as defined by the Secretary, but not after he reaches the age of twenty-three or has completed four years of education beyond the high school level, except that, where his twenty-third birthday occurs during a semester or other enrollment period, he shall continue to be considered a student until the end of such semester or other enrollment period. A child shall not be deemed to have ceased to be a student during any interim between school years if the interim does not exceed five months and if he shows to the satisfaction of the Secretary that he has a bona fide intention of continuing to pursue a full-time course of education or training during the semester or other enrollment period immediately following the interim or during periods of reasonable duration during which, in the judgment of the Secretary, he is prevented by factors beyond his control from pursuing his education. A child shall not be deemed to be a student under this chapter during a period of service in the Armed Forces of the United States. (19) The term national average weekly wage means the national average weekly earnings of production or nonsupervisory workers on private nonagricultural payrolls. (20) The term Board shall mean the Benefits Review Board. (21) Unless the context requires otherwise, the term vessel means any vessel upon which or in connection with which any person entitled to benefits under this chapter suffers injury or death arising out of or in the course of his employment, and said vessels owner, owner pro hac vice, agent, operator, charter or bare boat charterer, master, officer, or crew member. (22) The singular includes the plural and the masculine includes the feminine and neuter. ( Mar. 4, 1927, ch. 509,  2 44 Stat. 1424 June 25, 1938, ch. 685,  1 52 Stat. 1164 Pub. L. 92576 Oct. 27, 1972 86 Stat. 1251 Pub. L. 98426 Sept. 28, 1984 98 Stat. 1639 Pub. L. 1115, div. A, title VIII,  803 Feb. 17, 2009 123 Stat. 187  Editorial Notes  References in Text The phrase a student as defined in paragraph (19) of this section, referred to in par. (14), probably means a student as defined in paragraph (18) of this section. Amendments 2009Par. (3)(F). Pub. L. 1115,  803(2) Pub. L. 1115,  803(1) 1984Par. (3). Pub. L. 98426,  2(a) Par. (6). Pub. L. 98426,  27(a)(1) Par. (10). Pub. L. 98426,  2(b) section 910(d)(2) of this title Par. (13). Pub. L. 98426,  2(c) Par. (21). Pub. L. 98426,  5(a)(2) 1972Par. (3). Pub. L. 92576,  2(a) Par. (4). Pub. L. 92576,  2(b) Par. (14). Pub. L. 92576,  3(b) Par. (16). Pub. L. 92576,  20(c)(1) Par. (17). Pub. L. 92576,  20(c)(1) Par. (18). Pub. L. 92576 Par. (19). Pub. L. 92576 Par. (20). Pub. L. 92576 Par. (21). Pub. L. 92576 Par. (22). Pub. L. 92576 1938Par. (14). Act June 25, 1938 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by sections 2(a) and 5(a)(2) of Pub. L. 98426 Sept. 28, 1984 section 2(b) of Pub. L. 98426 Sept. 28, 1984 Pub. L. 98426 Sept. 28, 1984 Pub. L. 98426 section 901 of this title Effective Date of 1972 Amendment Pub. L. 92576,  20(c)(3) Oct. 27, 1972 86 Stat. 1265 The amendments made by this subsection [amending this section and section 909 of this title Oct. 27, 1972 Pub. L. 92576,  22 Oct. 27, 1972 86 Stat. 1265 The amendments made by this Act [see Short Title note set out under section 901 of this title Oct. 27, 1972 Executive Documents  Transfer of Functions Prior to the amendment of this chapter by Pub. L. 98426 July 16, 1946 60 Stat. 1095 May 24, 1950 64 Stat. 1271 Pub. L. 98426  903. Coverage (a) Disability or death; injuries occurring upon navigable waters of United States Except as otherwise provided in this section, compensation shall be payable under this chapter in respect of disability or death of an employee, but only if the disability or death results from an injury occurring upon the navigable waters of the United States (including any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area customarily used by an employer in loading, unloading, repairing, dismantling, or building a vessel). (b) Governmental officers and employees No compensation shall be payable in respect of the disability or death of an officer or employee of the United States, or any agency thereof, or of any State or foreign government, or any subdivision thereof. (c) Intoxication; willful intention to kill No compensation shall be payable if the injury was occasioned solely by the intoxication of the employee or by the willful intention of the employee to injure or kill himself or another. (d) Small vessels (1) No compensation shall be payable to an employee employed at a facility of an employer if, as certified by the Secretary, the facility is engaged in the business of building, repairing, or dismantling exclusively small vessels (as defined in paragraph (3) of this subsection), unless the injury occurs while upon the navigable waters of the United States or while upon any adjoining pier, wharf, dock, facility over land for launching vessels, or facility over land for hauling, lifting, or drydocking vessels. (2) Notwithstanding paragraph (1), compensation shall be payable to an employee (A) who is employed at a facility which is used in the business of building, repairing, or dismantling small vessels if such facility receives Federal maritime subsidies; or (B) if the employee is not subject to coverage under a State workers compensation law. (3) For purposes of this subsection, a small vessel means (A) a commercial barge which is under 900 lightship displacement tons; or (B) a commercial tugboat, towboat, crew boat, supply boat, fishing vessel, or other work vessel which is under 1,600 tons gross as measured under section 14502 of title 46 (e) Credit for benefits paid under other laws Notwithstanding any other provision of law, any amounts paid to an employee for the same injury, disability, or death for which benefits are claimed under this chapter pursuant to any other workers compensation law or section 30104 of title 46 ( Mar. 4, 1927, ch. 509,  3 44 Stat. 1426 Pub. L. 92576 Oct. 27, 1972 86 Stat. 1251 Pub. L. 98426,  3 Sept. 28, 1984 98 Stat. 1640 Pub. L. 104324, title VII,  703 Oct. 19, 1996 110 Stat. 3933  Editorial Notes Codification In subsec. (e),  section 30104 of title 46 section 20 of the Act of March 4, 1915 38 Stat. 1185 46 U.S.C. 688 Pub. L. 109304,  18(c) Oct. 6, 2006 120 Stat. 1709 section 30104 of Title 46 Amendments 1996Subsec. (d)(3)(B). Pub. L. 104324 section 14502 of title 46 1984Subsec. (a). Pub. L. 98426,  3(a) Subsec. (b). Pub. L. 98426,  3(a) Subsecs. (c) to (e). Pub. L. 98426,  3(a) 1972Subsec. (a). Pub. L. 92576,  2(c) Subsec. (a)(1). Pub. L. 92576,  21 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by section 3(a) of Pub. L. 98426 Sept. 28, 1984 section 3(b) of Pub. L. 98426 Sept. 28, 1984 Sept. 28, 1984 Pub. L. 98426 section 901 of this title Effective Date of 1972 Amendment Amendment by Pub. L. 92576 Oct. 27, 1972 section 22 of Pub. L. 92576 section 902 of this title District of Columbia The Longshoremens and Harbor Workers Compensation Act [this chapter] was made applicable in respect to the injury or death of an employee of an employer carrying on any employment in the District of Columbia, by act May 17, 1928, ch. 612 45 Stat. 600  904. Liability for compensation (a) Every employer shall be liable for and shall secure the payment to his employees of the compensation payable under sections 907, 908, and 909 of this title. In the case of an employer who is a subcontractor, only if such subcontractor fails to secure the payment of compensation shall the contractor be liable for and be required to secure the payment of compensation. A subcontractor shall not be deemed to have failed to secure the payment of compensation if the contractor has provided insurance for such compensation for the benefit of the subcontractor. (b) Compensation shall be payable irrespective of fault as a cause for the injury. ( Mar. 4, 1927, ch. 509,  4 44 Stat. 1426 Pub. L. 98426,  4(a) Sept. 28, 1984 98 Stat. 1641  Editorial Notes Amendments 1984Subsec. (a). Pub. L. 98426 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98426 Sept. 28, 1984 Sept. 28, 1984 section 28(a) of Pub. L. 98426 section 901 of this title  905. Exclusiveness of liability (a) Employer liability; failure of employer to secure payment of compensation The liability of an employer prescribed in section 904 of this title section 904 of this title (b) Negligence of vessel In the event of injury to a person covered under this chapter caused by the negligence of a vessel, then such person, or anyone otherwise entitled to recover damages by reason thereof, may bring an action against such vessel as a third party in accordance with the provisions of section 933 of this title (c) Outer Continental Shelf In the event that the negligence of a vessel causes injury to a person entitled to receive benefits under this Act by virtue of section 1333 of title 43 section 1333 of title 43 ( Mar. 4, 1927, ch. 509,  5 44 Stat. 1426 Pub. L. 92576,  18(a) Oct. 27, 1972 86 Stat. 1263 Pub. L. 98426 Sept. 28, 1984 98 Stat. 1641  Editorial Notes Amendments 1984Subsec. (a). Pub. L. 98426,  4(b) section 904 of this title Subsec. (b). Pub. L. 98426,  5(a)(1) Subsec. (c). Pub. L. 98426,  5(b) 1972 Pub. L. 92576 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by section 4(b) of Pub. L. 98426 Sept. 28, 1984 Sept. 28, 1984 Pub. L. 98426 Sept. 28, 1984 Pub. L. 98426 section 901 of this title Effective Date of 1972 Amendment Amendment by Pub. L. 92576 Oct. 27, 1972 section 22 of Pub. L. 92576 section 902 of this title  906. Compensation (a) Time for commencement No compensation shall be allowed for the first three days of the disability, except the benefits provided for in section 907 of this title Provided, however (b) Maximum rate of compensation (1) Compensation for disability or death (other than compensation for death required by this chapter to be paid in a lump sum) shall not exceed an amount equal to 200 per centum of the applicable national average weekly wage, as determined by the Secretary under paragraph (3). (2) Compensation for total disability shall not be less than 50 per centum of the applicable national average weekly wage determined by the Secretary under paragraph (3), except that if the employees average weekly wages as computed under section 910 of this title (3) As soon as practicable after June 30 of each year, and in any event prior to October 1 of such year, the Secretary shall determine the national average weekly wage for the three consecutive calendar quarters ending June 30. Such determination shall be the applicable national average weekly wage for the period beginning with October 1 of that year and ending with September 30 of the next year. The initial determination under this paragraph shall be made as soon as practicable after October 27, 1972 (c) Applicability of determinations Determinations under subsection (b)(3) with respect to a period shall apply to employees or survivors currently receiving compensation for permanent total disability or death benefits during such period, as well as those newly awarded compensation during such period. ( Mar. 4, 1927, ch. 509,  6 44 Stat. 1426 June 24, 1948, ch. 623,  1 62 Stat. 602 July 26, 1956, ch. 735,  1 70 Stat. 654 Pub. L. 8787,  1 July 14, 1961 75 Stat. 203 Pub. L. 92576 Oct. 27, 1972 86 Stat. 1252 Pub. L. 98426,  6 Sept. 28, 1984 98 Stat. 1641  Editorial Notes Amendments 1984Subsec. (b)(1). Pub. L. 98426,  6(a) September 30, 1973 October 1, 1973 September 30, 1974 October 1, 1974 September 30, 1975 October 1, 1975 Subsecs. (c), (d). Pub. L. 98426,  6(b) section 5332 of title 5 1972Subsec. (a). Pub. L. 92576,  4 Subsecs. (b) to (d). Pub. L. 92576,  5(a) section 910 of this title 1961Subsec. (b). Pub. L. 8787 1956Subsec. (a). Act July 26, 1956 Subsec. (b). Act July 26, 1956 1948Subsec. (b). Act June 24, 1948 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by section 6(a) of Pub. L. 98426 Sept. 28, 1984 section 6(b) of Pub. L. 98426 Sept. 28, 1984 Pub. L. 98426 section 901 of this title Effective Date of 1972 Amendment Amendment by Pub. L. 92576 Oct. 27, 1972 section 22 of Pub. L. 92576 section 902 of this title Effective Date of 1961 Amendment Pub. L. 8787,  4 July 14, 1961 75 Stat. 204 The amendments made by the foregoing provisions of this Act [amending this section and sections 909 and 914 of this title] shall become effective as to injuries or death sustained on or after the date of enactment [ July 14, 1961 Effective Date of 1956 Amendment Act July 26, 1956, ch. 735,  9 70 Stat. 656 The amendments made by the first section and sections 2, 4, and 5 of this Act [amending this section and sections 908, 909, and 914 of this title] shall be applicable only with respect to injuries and death occurring on or after the date of enactment of this Act [ July 26, 1956 December 2, 1942 Effective Date of 1948 Amendment Act June 24, 1948, ch. 623,  6 62 Stat. 604 The provisions of this Act [amending this section and sections 908, 909, 910, and 914 of this title] shall be applicable only to injuries or deaths occurring on or after the effective date hereof [ June 24, 1948  907. Medical services and supplies (a) General requirement The employer shall furnish such medical, surgical, and other attendance or treatment, nurse and hospital service, medicine, crutches, and apparatus, for such period as the nature of the injury or the process of recovery may require. (b) Physician selection; administrative supervision; change of physicians and hospitals The employee shall have the right to choose an attending physician authorized by the Secretary to provide medical care under this chapter as hereinafter provided. If, due to the nature of the injury, the employee is unable to select his physician and the nature of the injury requires immediate medical treatment and care, the employer shall select a physician for him. The Secretary shall actively supervise the medical care rendered to injured employees, shall require periodic reports as to the medical care being rendered to injured employees, shall have authority to determine the necessity, character, and sufficiency of any medical aid furnished or to be furnished, and may, on his own initiative or at the request of the employer, order a change of physicians or hospitals when in his judgment such change is desirable or necessary in the interest of the employee or where the charges exceed those prevailing within the community for the same or similar services or exceed the providers customary charges. Change of physicians at the request of employees shall be permitted in accordance with regulations of the Secretary. (c) Physicians and health care providers not authorized to render medical care or provide medical services (1) (A) The Secretary shall annually prepare a list of physicians and health care providers in each compensation district who are not authorized to render medical care or provide medical services under this chapter. The names of physicians and health care providers contained on the list required under this subparagraph shall be made available to employees and employers in each compensation district through posting and in such other forms as the Secretary may prescribe. (B) Physicians and health care providers shall be included on the list of those not authorized to provide medical care and medical services pursuant to subparagraph (A) when the Secretary determines under this section, in accordance with the procedures provided in subsection (j), that such physician or health care provider (i) has knowingly and willfully made, or caused to be made, any false statement or misrepresentation of a material fact for use in a claim for compensation or claim for reimbursement of medical expenses under this chapter; (ii) has knowingly and willfully submitted, or caused to be submitted, a bill or request for payment under this chapter containing a charge which the Secretary finds to be substantially in excess of the charge for the service, appliance, or supply prevailing within the community or in excess of the providers customary charges, unless the Secretary finds there is good cause for the bill or request containing the charge; (iii) has knowingly and willfully furnished a service, appliance, or supply which is determined by the Secretary to be substantially in excess of the need of the recipient thereof or to be of a quality which substantially fails to meet professionally recognized standards; (iv) has been convicted under any criminal statute (without regard to pending appeal thereof) for fraudulent activities in connection with any Federal or State program for which payments are made to physicians or providers of similar services, appliances, or supplies; or (v) has otherwise been excluded from participation in such program. (C) Medical services provided by physicians or health care providers who are named on the list published by the Secretary pursuant to subparagraph (A) of this section 1 1 (D) A determination under subparagraph (B) shall remain in effect for a period of not less than three years and until the Secretary finds and gives notice to the public that there is reasonable assurance that the basis for the determination will not reoccur. (E) A provider of a service, appliance, or supply shall provide to the Secretary such information and certification as the Secretary may require to assure that this subsection is enforced. (2) Whenever the employer or carrier acquires knowledge of the employees injury, through written notice or otherwise as prescribed by the chapter, the employer or carrier shall forthwith authorize medical treatment and care from a physician selected by an employee pursuant to subsection (b). An employee may not select a physician who is on the list required by paragraph (1) of this subsection. An employee may not change physicians after his initial choice unless the employer, carrier, or deputy commissioner has given prior consent for such change. Such consent shall be given in cases where an employees initial choice was not of a specialist whose services are necessary for and appropriate to the proper care and treatment of the compensable injury or disease. In all other cases, consent may be given upon a showing of good cause for change. (d) Request of treatment or services prerequisite to recovery of expenses; formal report of injury and treatment; suspension of compensation for refusal of treatment or examination; justification (1) An employee shall not be entitled to recover any amount expended by him for medical or other treatment or services unless (A) the employer shall have refused or neglected a request to furnish such services and the employee has complied with subsections (b) and (c) and the applicable regulations; or (B) the nature of the injury required such treatment and services and the employer or his superintendent or foreman having knowledge of such injury shall have neglected to provide or authorize same. (2) No claim for medical or surgical treatment shall be valid and enforceable against such employer unless, within ten days following the first treatment, the physician giving such treatment furnishes to the employer and the deputy commissioner a report of such injury or treatment, on a form prescribed by the Secretary. The Secretary may excuse the failure to furnish such report within the ten-day period whenever he finds it to be in the interest of justice to do so. (3) The Secretary may, upon application by a party in interest, make an award for the reasonable value of such medical or surgical treatment so obtained by the employee. (4) If at any time the employee unreasonably refuses to submit to medical or surgical treatment, or to an examination by a physician selected by the employer, the Secretary or administrative law judge may, by order, suspend the payment of further compensation during such time as such refusal continues, and no compensation shall be paid at any time during the period of such suspension, unless the circumstances justified the refusal. (e) Physical examination; medical questions; report of physical impairment; review or reexamination; costs In the event that medical questions are raised in any case, the Secretary shall have the power to cause the employee to be examined by a physician employed or selected by the Secretary and to obtain from such physician a report containing his estimate of the employees physical impairment and such other information as may be appropriate. Any party who is dissatisfied with such report may request a review or reexamination of the employee by one or more different physicians employed or selected by the Secretary. The Secretary shall order such review or reexamination unless he finds that it is clearly unwarranted. Such review or reexamination shall be completed within two weeks from the date ordered unless the Secretary finds that because of extraordinary circumstances a longer period is required. The Secretary shall have the power in his discretion to charge the cost of examination or review under this subsection to the employer, if he is a self-insurer, or to the insurance company which is carrying the risk, in appropriate cases, or to the special fund in section 944 of this title (f) Place of examination; exclusion of physicians other than examining physician of Secretary; good cause for conclusions of other physicians respecting impairment; examination by employers physician; suspension of proceedings and compensation for refusal of examination An employee shall submit to a physical examination under subsection (e) at such place as the Secretary may require. The place, or places, shall be designated by the Secretary and shall be reasonably convenient for the employee. No physician selected by the employer, carrier, or employee shall be present at or participate in any manner in such examination, nor shall conclusions of such physicians as to the nature or extent of impairment or the cause of impairment be available to the examining physician unless otherwise ordered, for good cause, by the Secretary. Such employer or carrier shall, upon request, be entitled to have the employee examined immediately thereafter and upon the same premises by a qualified physician or physicians in the presence of such physician as the employee may select, if any. Proceedings shall be suspended and no compensation shall be payable for any period during which the employee may refuse to submit to examination. (g) Fees and charges for examinations, treatment, or service; limitation; regulations All fees and other charges for medical examinations, treatment, or service shall be limited to such charges as prevail in the community for such treatment, and shall be subject to regulation by the Secretary. The Secretary shall issue regulations limiting the nature and extent of medical expenses chargeable against the employer without authorization by the employer or the Secretary. (h) Third party liability The liability of an employer for medical treatment as herein provided shall not be affected by the fact that his employee was injured through the fault or negligence of a third party not in the same employ, or that suit has been brought against such third party. The employer shall, however, have a cause of action against such third party to recover any amounts paid by him for such medical treatment in like manner as provided in section 933(b) of this title (i) Physicians ineligibility for subsection (e) physical examinations and reviews because of workmens compensation claim employment or fee acceptance or participation Unless the parties to the claim agree, the Secretary shall not employ or select any physician for the purpose of making examinations or reviews under subsection (e) of this section who, during such employment, or during the period of two years prior to such employment, has been employed by, or accepted or participated in any fee relating to a workmens compensation claim from any insurance carrier or any self-insurer. (j) Procedure; judicial review (1) The Secretary shall have the authority to make rules and regulations and to establish procedures, not inconsistent with the provisions of this chapter, which are necessary or appropriate to carry out the provisions of subsection (c), including the nature and extent of the proof and evidence necessary for actions under this section and the methods of taking and furnishing such proof and evidence. (2) Any decision to take action with respect to a physician or health care provider under this section shall be based on specific findings of fact by the Secretary. The Secretary shall provide notice of these findings and an opportunity for a hearing pursuant to section 556 of title 5 (3) For the purpose of any hearing, investigation, or other proceeding authorized or directed under this section, the provisions of section 2 2 (4) Any physician or health care provider, after any final decision of the Secretary made after a hearing to which he was a party, irrespective of the amount in controversy, may obtain a review of such decision by a civil action commenced within sixty days after the mailing to him of notice of such decision, but the pendency of such review shall not operate as a stay upon the effect of such decision. Such action shall be brought in the court of appeals of the United States for the judicial circuit in which the plaintiff resides or has his principal place of business, or the Court of Appeals for the District of Columbia. As part of his answer, the Secretary shall file a certified copy of the transcript of the record of the hearing, including all evidence submitted in connection therewith. The findings of fact of the Secretary, if based on substantial evidence in the record as a whole, shall be conclusive. (k) Refusal of treatment on religious grounds (1) Nothing in this chapter prevents an employee whose injury or disability has been established under this chapter from relying in good faith on treatment by prayer or spiritual means alone, in accordance with the tenets and practice of a recognized church or religious denomination, by an accredited practitioner of such recognized church or religious denomination, and on nursing services rendered in accordance with such tenets and practice, without suffering loss or diminution of the compensation or benefits under this chapter. Nothing in this subsection shall be construed to except an employee from all physical examinations required by this chapter. (2) If an employee refuses to submit to medical or surgical services solely because, in adherence to the tenets and practice of a recognized church or religious denomination, the employee relies upon prayer or spiritual means alone for healing, such employee shall not be considered to have unreasonably refused medical or surgical treatment under subsection (d). ( Mar. 4, 1927, ch. 509,  7 44 Stat. 1427 May 26, 1934, ch. 354,  1 48 Stat. 806 June 25, 1938, ch. 685 52 Stat. 1165 Pub. L. 86757 Sept. 13, 1960 74 Stat. 900 Pub. L. 92576,  6 Oct. 27, 1972 86 Stat. 1254 Pub. L. 98426,  7 Sept. 28, 1984 98 Stat. 1642  Editorial Notes Amendments 1984Subsec. (b). Pub. L. 98426,  7(a) Subsec. (c). Pub. L. 98426,  7(b) Subsec. (d). Pub. L. 98426,  7(c) Subsec. (j). Pub. L. 98426,  7(d) Subsec. (k). Pub. L. 98426,  7(e) 1972Subsec. (a). Pub. L. 92576 Subsec. (b). Pub. L. 92576 Subsec. (c). Pub. L. 92576 Subsec. (d). Pub. L. 92576 Subsec. (e). Pub. L. 92576 Subsec. (f). Pub. L. 92576 Subsec. (g). Pub. L. 92576 Subsec. (h). Pub. L. 92576 Subsec. (i). Pub. L. 92576 1960Subsec. (a). Pub. L. 86757 Subsecs. (b), (c). Pub. L. 86757 Subsec. (d). Pub. L. 86757 Subsecs. (e) to (g). Pub. L. 86757 section 933(a) of this title 1938Subsec. (a). Act June 25, 1938 Subsec. (d). Act June 25, 1938 1934Subsec. (a). Act May 26, 1934 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by section 7(a), (e) of Pub. L. 98426 Sept. 28, 1984 Pub. L. 98426 Sept. 28, 1984 Pub. L. 98426 section 901 of this title Effective Date of 1972 Amendment Amendment by Pub. L. 92576 Oct. 27, 1972 section 22 of Pub. L. 92576 section 902 of this title Claims Filed Under Black Lung Benefits Act Pub. L. 98426,  28(h)(1) Sept. 28, 1984 98 Stat. 1655 The amendments made by section 7 of this Act [amending this section] shall not apply to claims filed under the Black Lung Benefits Act ( 30 U.S.C. 901  908. Compensation for disability Compensation for disability shall be paid to the employee as follows: (a) Permanent total disability: In case of total disability adjudged to be permanent 6623 per centum of the average weekly wages shall be paid to the employee during the continuance of such total disability. Loss of both hands, or both arms, or both feet, or both legs, or both eyes, or of any two thereof shall, in the absence of conclusive proof to the contrary, constitute permanent total disability. In all other cases permanent total disability shall be determined in accordance with the facts. (b) Temporary total disability: In case of disability total in character but temporary in quality 6623 per centum of the average weekly wages shall be paid to the employee during the continuance thereof. (c) Permanent partial disability: In case of disability partial in character but permanent in quality the compensation shall be 6623 per centum of the average weekly wages, which shall be in addition to compensation for temporary total disability or temporary partial disability paid in accordance with subsection (b) or subsection (e) of this section, respectively, and shall be paid to the employee, as follows: (1) Arm lost, three hundred and twelve weeks compensation. (2) Leg lost, two hundred and eighty-eight weeks compensation. (3) Hand lost, two hundred and forty-four weeks compensation. (4) Foot lost, two hundred and five weeks compensation. (5) Eye lost, one hundred and sixty weeks compensation. (6) Thumb lost, seventy-five weeks compensation. (7) First finger lost, forty-six weeks compensation. (8) Great toe lost, thirty-eight weeks compensation. (9) Second finger lost, thirty weeks compensation. (10) Third finger lost, twenty-five weeks compensation. (11) Toe other than great toe lost, sixteen weeks compensation. (12) Fourth finger lost, fifteen weeks compensation. (13) Loss of hearing: (A) Compensation for loss of hearing in one ear, fifty-two weeks. (B) Compensation for loss of hearing in both ears, two-hundred weeks. (C) An audiogram shall be presumptive evidence of the amount of hearing loss sustained as of the date thereof, only if (i) such audiogram was administered by a licensed or certified audiologist or a physician who is certified in otolaryngology, (ii) such audiogram, with the report thereon, was provided to the employee at the time it was administered, and (iii) no contrary audiogram made at that time is produced. (D) The time for filing a notice of injury, under section 912 of this title section 913 of this title (E) Determinations of loss of hearing shall be made in accordance with the guides for the evaluation of permanent impairment as promulgated and modified from time to time by the American Medical Association. (14) Phalanges: Compensation for loss of more than one phalange of a digit shall be the same as for loss of the entire digit. Compensation for loss of the first phalange shall be one-half of the compensation for loss of the entire digit. (15) Amputated arm or leg: Compensation for an arm or a leg, if amputated at or above the elbow or the knee, shall be the same as for a loss of the arm or leg; but, if amputated between the elbow and the wrist or the knee and the ankle, shall be the same as for loss of a hand or foot. (16) Binocular vision or per centum of vision: Compensation for loss of binocular vision or for 80 per centum or more of the vision of an eye shall be the same as for loss of the eye. (17) Two or more digits: Compensation for loss of two or more digits, or one or more phalanges of two or more digits, of a hand or foot may be proportioned to the loss of use of the hand or foot occasioned thereby, but shall not exceed the compensation for loss of a hand or foot. (18) Total loss of use: Compensation for permanent total loss of use of a member shall be the same as for loss of the member. (19) Partial loss or partial loss of use: Compensation for permanent partial loss or loss of use of a member may be for proportionate loss or loss of use of the member. (20) Disfigurement: Proper and equitable compensation not to exceed $7,500 shall be awarded for serious disfigurement of the face, head, or neck or of other normally exposed areas likely to handicap the employee in securing or maintaining employment. (21) Other cases: In all other cases in the class of disability, the compensation shall be 6623 per centum of the difference between the average weekly wages of the employee and the employees wage-earning capacity thereafter in the same employment or otherwise, payable during the continuance of partial disability. (22) In any case in which there shall be a loss of, or loss of use of, more than one member or parts of more than one member set forth in paragraphs (1) to (19) of this subsection, not amounting to permanent total disability, the award of compensation shall be for the loss of, or loss of use of, each such member or part thereof, which awards shall run consecutively, except that where the injury affects only two or more digits of the same hand or foot, paragraph (17) of this subsection shall apply. (23) Notwithstanding paragraphs (1) through (22), with respect to a claim for permanent partial disability for which the average weekly wages are determined under section 910(d)(2) of this title section 902(10) of this title (d) (1) If an employee who is receiving compensation for permanent partial disability pursuant to subsection (c)(1)(20) dies from causes other than the injury, the total amount of the award unpaid at the time of death shall be payable to or for the benefit of his survivors, as follows: (A) if the employee is survived only by a widow or widower, such unpaid amount of the award shall be payable to such widow or widower, (B) if the employee is survived only by a child or children, such unpaid amount of the award shall be paid to such child or children in equal shares, (C) if the employee is survived by a widow or widower and a child or children, such unpaid amount of the award shall be payable to such survivors in equal shares, (D) if there be no widow or widower and no surviving child or children, such unpaid amount of the award shall be paid to the survivors specified in section 909(d) of this title section 909(d) of this title (2) Notwithstanding any other limitation in section 909 of this title (3) An award for disability may be made after the death of the injured employee. Except where compensation is payable under subsection (c)(21) if there be no survivors as prescribed in this section, then the compensation payable under this subsection shall be paid to the special fund established under section 944(a) of this title (e) Temporary partial disability: In case of temporary partial disability resulting in decrease of earning capacity the compensation shall be two-thirds of the difference between the injured employees average weekly wages before the injury and his wage-earning capacity after the injury in the same or another employment, to be paid during the continuance of such disability, but shall not be paid for a period exceeding five years. (f) Injury increasing disability: (1) In any case in which an employee having an existing permanent partial disability suffers injury, the employer shall provide compensation for such disability as is found to be attributable to that injury based upon the average weekly wages of the employee at the time of the injury. If following an injury falling within the provisions of subsection (c)(1)(20), the employee is totally and permanently disabled, and the disability is found not to be due solely to that injury, the employer shall provide compensation for the applicable prescribed period of weeks provided for in that section for the subsequent injury, or for one hundred and four weeks, whichever is the greater, except that, in the case of an injury falling within the provisions of subsection (c)(13), the employer shall provide compensation for the lesser of such periods. In all other cases of total permanent disability or of death, found not to be due solely to that injury, of an employee having an existing permanent partial disability, the employer shall provide in addition to compensation under subsections (b) and (e) of this section, compensation payments or death benefits for one hundred and four weeks only. If following an injury falling within the provisions of subsection (c)(1)(20), the employee has a permanent partial disability and the disability is found not to be due solely to that injury, and such disability is materially and substantially greater than that which would have resulted from the subsequent injury alone, the employer shall provide compensation for the applicable period of weeks provided for in that section for the subsequent injury, or for one hundred and four weeks, whichever is the greater, except that, in the case of an injury falling within the provisions of subsection (c)(13), the employer shall provide compensation for the lesser of such periods. In all other cases in which the employee has a permanent partial disability, found not to be due solely to that injury, and such disability is materially and substantially greater than that which would have resulted from the subsequent injury alone, the employer shall provide in addition to compensation under subsections (b) and (e) of this section, compensation for one hundred and four weeks only. (2) (A) After cessation of the payments for the period of weeks provided for herein, the employee or his survivor entitled to benefits shall be paid the remainder of the compensation that would be due out of the special fund established in section 944 of this title section 932(a) of this title (B) After cessation of payments for the period of weeks provided for in this subsection, the employer or carrier responsible for payment of compensation shall remain a party to the claim, retain access to all records relating to the claim, and in all other respects retain all rights granted under this chapter prior to cessation of such payments. (3) Any request, filed after September 28, 1984 section 944 of this title (g) Maintenance for employees undergoing vocational rehabilitation: An employee who as a result of injury is or may be expected to be totally or partially incapacitated for a remunerative occupation and who, under the direction of the Secretary as provided by section 939(c) of this title section 944 of this title (h) The wage-earning capacity of an injured employee in cases of partial disability under subsection (c)(21) of this section or under subsection (e) of this section shall be determined by his actual earnings if such actual earnings fairly and reasonably represent his wage-earning capacity: Provided, however (i) (1) Whenever the parties to any claim for compensation under this chapter, including survivors benefits, agree to a settlement, the deputy commissioner or administrative law judge shall approve the settlement within thirty days unless it is found to be inadequate or procured by duress. Such settlement may include future medical benefits if the parties so agree. No liability of any employer, carrier, or both for medical, disability, or death benefits shall be discharged unless the application for settlement is approved by the deputy commissioner or administrative law judge. If the parties to the settlement are represented by counsel, then agreements shall be deemed approved unless specifically disapproved within thirty days after submission for approval. (2) If the deputy commissioner disapproves an application for settlement under paragraph (1), the deputy commissioner shall issue a written statement within thirty days containing the reasons for disapproval. Any party to the settlement may request a hearing before an administrative law judge in the manner prescribed by this chapter. Following such hearing, the administrative law judge shall enter an order approving or rejecting the settlement. (3) A settlement approved under this section shall discharge the liability of the employer or carrier, or both. Settlements may be agreed upon at any stage of the proceeding including after entry of a final compensation order. (4) The special fund shall not be liable for reimbursement of any sums paid or payable to an employee or any beneficiary under such settlement, or otherwise voluntarily paid prior to such settlement by the employer or carrier, or both. (j) (1) The employer may inform a disabled employee of his obligation to report to the employer not less than semiannually any earnings from employment or self-employment, on such forms as the Secretary shall specify in regulations. (2) An employee who (A) fails to report the employees earnings under paragraph (1) when requested, or (B) knowingly and willfully omits or understates any part of such earnings, and who is determined by the deputy commissioner to have violated clause (A) or (B) of this paragraph, forfeits his right to compensation with respect to any period during which the employee was required to file such report. (3) Compensation forfeited under this subsection, if already paid, shall be recovered by a deduction from the compensation payable to the employee in any amount and on such schedule as determined by the deputy commissioner. ( Mar. 4, 1927, ch. 509,  8 44 Stat. 1427 May 26, 1934, ch. 354 48 Stat. 806 June 25, 1938, ch. 685 52 Stat. 1165 June 24, 1948, ch. 623,  2 62 Stat. 602 July 26, 1956, ch. 735 70 Stat. 655 Pub. L. 92576 Oct. 27, 1972 86 Stat. 1253 Pub. L. 98426 Sept. 28, 1984 98 Stat. 1644  Editorial Notes Amendments 1984Subsec. (c)(13). Pub. L. 98426,  8(a) Subsec. (c)(20). Pub. L. 98426,  8(b) Subsec. (c)(21). Pub. L. 98426,  8(c)(1) Subsec. (c)(23). Pub. L. 98426,  8(c)(2) Subsec. (d)(3), (4). Pub. L. 98426,  8(d) Subsec. (f)(1). Pub. L. 98426,  8(e)(1) Subsec. (f)(2)(A). Pub. L. 98426,  8(e)(2) Pub. L. 98426,  8(e)(3) section 932(a) of this title Subsec. (f)(2)(B). Pub. L. 98426,  8(e)(4) Subsec. (f)(3). Pub. L. 98426,  8(e)(5) Subsec. (g). Pub. L. 98426,  27(a)(2) section 902 of this title Subsec. (i)(1) to (3). Pub. L. 98426,  8(f) Subsec. (i)(4). Pub. L. 98426,  8(g) Subsec. (j). Pub. L. 98426,  8(h) 1972Subsec. (c)(20). Pub. L. 92576,  7 Subsec. (d). Pub. L. 92576,  5(c) Par. (1) incorporated former introductory par. providing for payments to survivors rather than for payments for the benefit of the persons after; subpar. (A) incorporated former par. (1) providing for a widower rather than dependent husband; Subpar. (B) incorporated former par. (4), striking out reference to children under eighteen years, and providing for payment in equal shares; Subpar. (C) incorporated former par. (2) for payment in equal shares rather than one half to surviving wife or dependent husband and one half to surviving child or children, substituting reference to widow or widower for surviving wife or dependent husband, and striking out reference to surviving before child or children; Subpar. (D) added; Pars. (2) and (3) added and former par. (3) struck out, such par. making it discretionary with the deputy commissioner to appoint a guardian for receipt of minor childs compensation; and Par. (4) incorporated former par. (5), inserting provision for payment of compensation to the special fund except where payable under subsec. (c)(21) of this section. Subsec. (f)(1). Pub. L. 92576,  9(a) section 944 of this title Subsec. (f)(2). Pub. L. 92576,  9 Subsec. (i). Pub. L. 92576,  20(a) Provided section 914(b) of this title section 914(j) of this title And provided further 1956Subsec. (c). Act July 26, 1956 Par. (1) Arm lost, increased from two hundred and eighty to three hundred and twelve weeks compensation. Par. (2) Leg lost, increased from two hundred and forty-eight to two hundred and eighty-eight weeks compensation. Par. (3) Hand lost, increased from two hundred and twelve to two hundred and forty-four weeks compensation. Par. (4) Foot lost, increased from one hundred and seventy-three weeks to two hundred and five weeks compensation. Par. (5) Eye lost, increased from one hundred and forty to one hundred and sixty weeks compensation. Par. (6) Thumb lost, increased from fifty-one to seventy-five weeks compensation. Par. (7) First finger lost, increased from twenty-eight to forty-six weeks compensation. Par. (8) Great toe lost, increased from twenty-six to thirty-eight weeks compensation. Par. (9) Second finger lost, increased from eighteen to thirty weeks compensation. Par. (10) Third finger lost, increased from seventeen to twenty-five weeks compensation. Par. (11) Toe other than great toe lost, increased from eight to sixteen weeks compensation. Par. (12) Fourth finger lost, increased from seven to fifteen weeks compensation. Subsec. (g). Act July 26, 1956 1948Subsec. (c). Act June 24, 1948 1938Subsec. (c). Act June 25, 1938 Subsecs. (h), (i). Act June 25, 1938 1934Subsec. (c). Act May 26, 1934 Subsec. (c). Act May 26, 1934 In any case resulting in loss or partial loss of arm, leg, hand, foot, eye, thumb, finger, or toe, where the temporary total disability does not extend beyond the periods above mentioned for such injury, compensation shall be limited to the schedule contained in this subdivision. Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by section 8(a), (c)(2), (e)(1), (2) of Pub. L. 98426 Sept. 28, 1984 section 8(b) of Pub. L. 98426 Sept. 28, 1984 Pub. L. 98426 Sept. 28, 1984 section 8(d) of Pub. L. 98426 Sept. 28, 1984 section 8(f) of Pub. L. 98426 Sept. 28, 1984 section 8(h) of Pub. L. 98426 Sept. 28, 1984 Pub. L. 98426 section 901 of this title Effective Date of 1972 Amendment Amendment by Pub. L. 92576 Oct. 27, 1972 section 22 of Pub. L. 92576 section 902 of this title Effective Date of 1956 Amendment Amendment by act July 26, 1956 July 26, 1956 July 26, 1956 section 906 of this title Effective Date of 1948 Amendment Amendment by act June 24, 1948 June 24, 1948 June 24, 1948 section 906 of this title  909. Compensation for death If the injury causes death, the compensation therefore shall be known as a death benefit and shall be payable in the amount and to or for the benefit of the persons following: (a) Reasonable funeral expenses not exceeding $3,000. (b) If there be a widow or widower and no child of the deceased, to such widow or widower 50 per centum of the average wages of the deceased, during widowhood, or dependent widowerhood, with two years compensation in one sum upon remarriage; and if there be a surviving child or children of the deceased, the additional amount of 1623 per centum of such wages for each such child; in case of the death or remarriage of such widow or widower, if there be one surviving child of the deceased employee, such child shall have his compensation increased to 50 per centum of such wages, and if there be more than one surviving child of the deceased employee, to such children, in equal parts, 50 per centum of such wages increased by 1623 per centum of such wages for each child in excess of one: Provided (c) If there be one surviving child of the deceased, but no widow or widower, then for the support of such child 50 per centum of the wages of the deceased; and if there be more than one surviving child of the deceased, but no widow or dependent husband, then for the support of such children, in equal parts 50 per centum of such wages increased by 1623 per centum of such wages for each child in excess of one: Provided (d) If there be no surviving wife or husband or child, or if the amount payable to a surviving wife or husband and to children shall be less in the aggregate than 6623 per centum of the average wages of the deceased; then for the support of grandchildren or brothers and sisters, if dependent upon the deceased at the time of the injury, and any other persons who satisfy the definition of the term dependent in section 152 of title 26 (e) In computing death benefits, the average weekly wages of the deceased shall not be less than the national average weekly wage as prescribed in section 906(b) of this title (1) the total weekly benefits shall not exceed the lesser of the average weekly wages of the deceased or the benefit which the deceased employee would have been eligible to receive under section 906(b)(1) of this title (2) in the case of a claim based on death due to an occupational disease for which the time of injury (as determined under section 910(i) of this title (f) All questions of dependency shall be determined as of the time of the injury. (g) Aliens: Compensation under this chapter to aliens not residents (or about to become nonresidents) of the United States or Canada shall be the same in amount as provided for residents, except that dependents in any foreign country shall be limited to surviving wife and child or children, or if there be no surviving wife or child or children, to surviving father or mother whom the employee has supported, either wholly or in part, for the period of one year prior to the date of the injury, and except that the Secretary may, at his option or upon the application of the insurance carrier shall, commute all future installments of compensation to be paid to such aliens by paying or causing to be paid to them one-half of the commuted amount of such future installments of compensation as determined by the Secretary. ( Mar. 4, 1927, ch. 509,  9 44 Stat. 1429 June 25, 1938, ch. 685,  6 52 Stat. 1166 June 24, 1948, ch. 623,  3 62 Stat. 602 July 26, 1956, ch. 735,  4 70 Stat. 655 Pub. L. 8787,  2 July 14, 1961 75 Stat. 203 Pub. L. 92576 Oct. 27, 1972 86 Stat. 1253 Pub. L. 98426 Sept. 28, 1984 98 Stat. 1647  Editorial Notes Amendments 1984 Pub. L. 98426,  9(a) Subsec. (a). Pub. L. 98426,  9(b) Subsec. (e). Pub. L. 98426,  9(c) section 906(b) of this title Subsec. (g). Pub. L. 98426,  27(a)(2) section 902 of this title 1972 Pub. L. 92576,  5(d) Subsec. (a). Pub. L. 92576,  10(a) Subsec. (b). Pub. L. 92576 Subsec. (c). Pub. L. 92576 Subsec. (d). Pub. L. 92576 section 152 of title 26 Subsec. (e). Pub. L. 92576,  10(d) section 906(b) of this title 1961Subsec. (e). Pub. L. 8787 1956Subsec. (e). Act July 26, 1956 1948Subsec. (a). Act June 24, 1948 Subsec. (b). Act June 24, 1948 Subsec. (c). Act June 24, 1948 Subsec. (e). Act June 24, 1948 section 906(b) of this title 1938Subsecs. (b) to (d). Act June 25, 1938 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by section 9 of Pub. L. 98426 Sept. 28, 1984 section 27(a)(2) of Pub. L. 98426 Sept. 28, 1984 Pub. L. 98426 section 901 of this title Effective Date of 1972 Amendment Amendment by section 20(c)(2) of Pub. L. 92576 Oct. 27, 1972 section 20(c)(3) of Pub. L. 92576 section 902 of this title Amendment by Pub. L. 92576 Oct. 27, 1972 section 22 of Pub. L. 92576 section 902 of this title Effective Date of 1961 Amendment Amendment by Pub. L. 8787 July 14, 1961 section 4 of Pub. L. 8787 section 906 of this title Effective Date of 1956 Amendment Amendment by act July 26, 1956 July 26, 1956 July 26, 1956 section 906 of this title Effective Date of 1948 Amendment Amendment by act June 24, 1948 June 24, 1948 June 24, 1948 section 906 of this title  910. Determination of pay Except as otherwise provided in this chapter, the average weekly wage of the injured employee at the time of the injury shall be taken as the basis upon which to compute compensation and shall be determined as follows: (a) If the injured employee shall have worked in the employment in which he was working at the time of the injury, whether for the same or another employer, during substantially the whole of the year immediately preceding his injury, his average annual earnings shall consist of three hundred times the average daily wage or salary for a six-day worker and two hundred and sixty times the average daily wage or salary for a five-day worker, which he shall have earned in such employment during the days when so employed. (b) If the injured employee shall not have worked in such employment during substantially the whole of such year, his average annual earnings, if a six-day worker, shall consist of three hundred times the average daily wage or salary, and, if a five-day worker, two hundred and sixty times the average daily wage or salary, which an employee of the same class working substantially the whole of such immediately preceding year in the same or in similar employment in the same or a neighboring place shall have earned in such employment during the days when so employed. (c) If either of the foregoing methods of arriving at the average annual earnings of the injured employee cannot reasonably and fairly be applied, such average annual earnings shall be such sum as, having regard to the previous earnings of the injured employee in the employment in which he was working at the time of the injury, and of other employees of the same or most similar class working in the same or most similar employment in the same or neighboring locality, or other employment of such employee, including the reasonable value of the services of the employee if engaged in self-employment, shall reasonably represent the annual earning capacity of the injured employee. (d) (1) The average weekly wages of an employee shall be one fifty-second part of his average annual earnings. (2) Notwithstanding paragraph (1), with respect to any claim based on a death or disability due to an occupational disease for which the time of injury (as determined under subsection (i)) occurs (A) within the first year after the employee has retired, the average weekly wages shall be one fifty-second part of his average annual earnings during the 52-week period preceding retirement; or (B) more than one year after the employee has retired, the average weekly wage shall be deemed to be the national average weekly wage (as determined by the Secretary pursuant to section 906(b) of this title (e) If it be established that the injured employee was a minor when injured, and that under normal conditions his wages should be expected to increase during the period of disability the fact may be considered in arriving at his average weekly wages. (f) Effective October 1 of each year, the compensation or death benefits payable for permanent total disability or death arising out of injuries subject to this chapter shall be increased by the lesser of (1) a percentage equal to the percentage (if any) by which the applicable national weekly wage for the period beginning on such October 1, as determined under section 906(b) of this title (2) 5 per centum. (g) The weekly compensation after adjustment under subsection (f) shall be fixed at the nearest dollar. No adjustment of less than $1 shall be made, but in no event shall compensation or death benefits be reduced. (h) (1) Not later than ninety days after October 27, 1972 October 27, 1972 section 906(b) of this title October 27, 1972 October 27, 1972 October 27, 1972 October 27, 1972 (2) Fifty per centum of any additional compensation or death benefit paid as a result of the adjustment required by paragraphs (1) and (3) of this subsection shall be paid out of the special fund established under section 944 of this title (3) For the purposes of subsections (f) and (g) an injury which resulted in permanent total disability or death which occurred prior to October 27, 1972 (i) For purposes of this section with respect to a claim for compensation for death or disability due to an occupational disease which does not immediately result in death or disability, the time of injury shall be deemed to be the date on which the employee or claimant becomes aware, or in the exercise of reasonable diligence or by reason of medical advice should have been aware, of the relationship between the employment, the disease, and the death or disability. ( Mar. 4, 1927, ch. 509,  10 44 Stat. 1431 June 24, 1948, ch. 623,  4 62 Stat. 603 Pub. L. 92576,  11 Oct. 27, 1972 86 Stat. 1258 Pub. L. 98426,  10 Sept. 28, 1984 98 Stat. 1647  Editorial Notes Amendments 1984Subsec. (d). Pub. L. 98426,  10(a)(1) Subsec. (f). Pub. L. 98426,  10(b) October 27, 1972 Subsec. (i). Pub. L. 98426,  10(a)(2) 1972Subsecs. (f) to (h). Pub. L. 92576 1948Subsec. (a). Act June 24, 1948 Subsec. (b). Act June 24, 1948 Subsec. (c). Act June 24, 1948 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by section 10(a) of Pub. L. 98426 Sept. 28, 1984 section 10(b) of Pub. L. 98426 Sept. 28, 1984 Pub. L. 98426 section 901 of this title Effective Date of 1972 Amendment Amendment by Pub. L. 92576 Oct. 27, 1972 section 22 of Pub. L. 92576 section 902 of this title Effective Date of 1948 Amendment Amendment by act June 24, 1948 June 24, 1948 June 24, 1948 section 906 of this title  911. Guardian for minor or incompetent  The deputy commissioner may require the appointment by a court of competent jurisdiction, for any person who is mentally incompetent or a minor, of a guardian or other representative to receive compensation payable to such person under this chapter and to exercise the powers granted to or to perform the duties required of such person under this chapter. ( Mar. 4, 1927, ch. 509,  11 44 Stat. 1431  912. Notice of injury or death (a) Time limitation Notice of an injury or death in respect of which compensation is payable under this chapter shall be given within thirty days after the date of such injury or death, or thirty days after the employee or beneficiary is aware, or in the exercise of reasonable diligence or by reason of medical advice should have been aware, of a relationship between the injury or death and the employment, except that in the case of an occupational disease which does not immediately result in a disability or death, such notice shall be given within one year after the employee or claimant becomes aware, or in the exercise of reasonable diligence or by reason of medical advice should have been aware, of the relationship between the employment, the disease, and the death or disability. Notice shall be given (1) to the deputy commissioner in the compensation district in which the injury or death occurred, and (2) to the employer. (b) Form and content Such notice shall be in writing, shall contain the name and address of the employee and a statement of the time, place, nature, and cause of the injury or death, and shall be signed by the employee or by some person on his behalf, or in case of death, by any person claiming to be entitled to compensation for such death or by a person on his behalf. (c) Delivery requirements Notice shall be given to the deputy commissioner by delivering it to him or sending it by mail addressed to his office, and to the employer by delivering it to him or by sending it by mail addressed to him at his last known place of business. If the employer is a partnership, such notice may be given to any partner, or if a corporation, such notice may be given to any agent or officer thereof upon whom legal process may be served or who is in charge of the business in the place where the injury occurred. Each employer shall designate those agents or other responsible officials to receive such notice, except that the employer shall designate as its representatives individuals among first line supervisors, local plant management, and personnel office officials. Such designations shall be made in accordance with regulations prescribed by the Secretary and the employer shall notify his employees and the Secretary of such designation in a manner prescribed by the Secretary in regulations. (d) Failure to give notice Failure to give such notice shall not bar any claim under this chapter (1) if the employer (or his agent or agents or other responsible official or officials designated by the employer pursuant to subsection (c)) or the carrier had knowledge of the injury or death, (2) the deputy commissioner determines that the employer or carrier has not been prejudiced by failure to give such notice, or (3) if the deputy commissioner excuses such failure on the ground that (i) notice, while not given to a responsible official designated by the employer pursuant to subsection (c) of this section, was given to an official of the employer or the employers insurance carrier, and that the employer or carrier was not prejudiced due to the failure to provide notice to a responsible official designated by the employer pursuant to subsection (c), or (ii) for some satisfactory reason such notice could not be given; nor unless objection to such failure is raised before the deputy commissioner at the first hearing of a claim for compensation in respect of such injury or death. ( Mar. 4, 1927, ch. 509,  12 44 Stat. 1431 Pub. L. 92576,  12(a) Oct. 27, 1972 86 Stat. 1259 Pub. L. 98426,  11 Sept. 28, 1984 98 Stat. 1648  Editorial Notes Amendments 1984Subsec. (a). Pub. L. 98426,  11(a) Subsec. (c). Pub. L. 98426,  11(b) Subsec. (d)(1). Pub. L. 98426,  11(c) Pub. L. 98426,  11(c)(4) 1972Subsec. (a). Pub. L. 92576 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by section 11(a) of Pub. L. 98426 Sept. 28, 1984 Pub. L. 98426 Sept. 28, 1984 Pub. L. 98426 section 901 of this title Effective Date of 1972 Amendment Amendment by Pub. L. 92576 Oct. 27, 1972 section 22 of Pub. L. 92576 section 902 of this title  913. Filing of claims (a) Time to file Except as otherwise provided in this section, the right to compensation for disability or death under this chapter shall be barred unless a claim therefore is filed within one year after the injury or death. If payment of compensation has been made without an award on account of such injury or death, a claim may be filed within one year after the date of the last payment. Such claim shall be filed with the deputy commissioner in the compensation district in which such injury or death occurred. The time for filing a claim shall not begin to run until the employee or beneficiary is aware, or by the exercise of reasonable diligence should have been aware, of the relationship between the injury or death and the employment. (b) Failure to file (1) Notwithstanding the provisions of subsection (a) failure to file a claim within the period prescribed in such subsection shall not be a bar to such right unless objection to such failure is made at the first hearing of such claim in which all parties in interest are given reasonable notice and opportunity to be heard. (2) Notwithstanding the provisions of subsection (a), a claim for compensation for death or disability due to an occupational disease which does not immediately result in such death or disability shall be timely if filed within two years after the employee or claimant becomes aware, or in the exercise of reasonable diligence or by reason of medical advice should have been aware, of the relationship between the employment, the disease, and the death or disability, or within one year of the date of the last payment of compensation, whichever is later. (c) Effect on incompetents and minors If a person who is entitled to compensation under this chapter is mentally incompetent or a minor, the provisions of subsection (a) shall not be applicable so long as such person has no guardian or other authorized representative, but shall be applicable in the case of a person who is mentally incompetent or a minor from the date of appointment of such guardian or other representative, or in the case of a minor, if no guardian is appointed before he becomes of age, from the date he becomes of age. (d) Tolling provision Where recovery is denied to any person, in a suit brought at law or in admiralty to recover damages in respect of injury or death, on the ground that such person was an employee and that the defendant was an employer within the meaning of this chapter and that such employer had secured compensation to such employee under this chapter, the limitation of time prescribed in subsection (a) shall begin to run only from the date of termination of such suit. ( Mar. 4, 1927, ch. 509,  13 44 Stat. 1432 Pub. L. 92576,  12(b) Oct. 27, 1972 86 Stat. 1259 Pub. L. 98426,  12 Sept. 28, 1984 98 Stat. 1649  Editorial Notes Amendments 1984Subsec. (b). Pub. L. 98426 1972Subsec. (a). Pub. L. 92576 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98426 Sept. 28, 1984 section 28(a) of Pub. L. 98426 section 901 of this title Effective Date of 1972 Amendment Amendment by Pub. L. 92576 Oct. 27, 1972 section 22 of Pub. L. 92576 section 902 of this title  914. Payment of compensation (a) Manner of payment Compensation under this chapter shall be paid periodically, promptly, and directly to the person entitled thereto, without an award, except where liability to pay compensation is controverted by the employer. (b) Period of installment payments The first installment of compensation shall become due on the fourteenth day after the employer has been notified pursuant to section 912 of this title (c) Notification of commencement or suspension of payment Upon making the first payment, and upon suspension of payment for any cause, the employer shall immediately notify the deputy commissioner, in accordance with a form prescribed by the Secretary, that payment of compensation has begun or has been suspended, as the case may be. (d) Right to compensation controverted If the employer controverts the right to compensation he shall file with the deputy commissioner on or before the fourteenth day after he has knowledge of the alleged injury or death, a notice, in accordance with a form prescribed by the Secretary stating that the right to compensation is controverted, the name of the claimant, the name of the employer, the date of the alleged injury or death, and the grounds upon which the right to compensation is controverted. (e) Additional compensation for overdue installment payments payable without award If any installment of compensation payable without an award is not paid within fourteen days after it becomes due, as provided in subsection (b) of this section, there shall be added to such unpaid installment an amount equal to 10 per centum thereof, which shall be paid at the same time as, but in addition to, such installment, unless notice is filed under subsection (d) of this section, or unless such nonpayment is excused by the deputy commissioner after a showing by the employer that owing to conditions over which he had no control such installment could not be paid within the period prescribed for the payment. (f) Additional compensation for overdue installment payments payable under terms of award If any compensation, payable under the terms of an award, is not paid within ten days after it becomes due, there shall be added to such unpaid compensation an amount equal to 20 per centum thereof, which shall be paid at the same time as, but in addition to, such compensation, unless review of the compensation order making such award is had as provided in section 921 of this title (g) Notice of payment; penalty Within sixteen days after final payment of compensation has been made, the employer shall send to the deputy commissioner a notice, in accordance with a form prescribed by the Secretary, stating that such final payment has been made, the total amount of compensation paid, the name of the employee and of any other person to whom compensation has been paid, the date of the injury or death, and the date to which compensation has been paid. If the employer fails to so notify the deputy commissioner within such time the Secretary shall assess against such employer a civil penalty in the amount of $100. (h) Investigations, examinations, and hearings for controverted, stopped, or suspended payments The deputy commissioner (1) may upon his own initiative at any time in a case in which payments are being made without an award, and (2) shall in any case where right to compensation is controverted, or where payments of compensation have been stopped or suspended, upon receipt of notice from any person entitled to compensation, or from the employer, that the right to compensation is controverted, or that payments of compensation have been stopped or suspended, make such investigations, cause such medical examinations to be made, or hold such hearings, and take such further action as he considers will properly protect the rights of all parties. (i) Deposit by employer Whenever the deputy commissioner deems it advisable he may require any employer to make a deposit with the Treasurer of the United States to secure the prompt and convenient payment of such compensation, and payments therefrom upon any awards shall be made upon order of the deputy commissioner. (j) Reimbursement for advance payments If the employer has made advance payments of compensation, he shall be entitled to be reimbursed out of any unpaid installment or installments of compensation due. (k) Receipt for payment An injured employee, or in case of death his dependents or personal representative, shall give receipts for payment of compensation to the employer paying the same and such employer shall produce the same for inspection by the deputy commissioner, whenever required. ( Mar. 4, 1927, ch. 509,  14 44 Stat. 1432 May 26, 1934, ch. 354,  4 48 Stat. 807 June 25, 1938, ch. 685,  7 52 Stat. 1167 June 24, 1948, ch. 623,  5 62 Stat. 603 July 26, 1956, ch. 735,  5 70 Stat. 655 Pub. L. 8787,  3 July 14, 1961 75 Stat. 203 Pub. L. 92576 Oct. 27, 1972 86 Stat. 1254 Pub. L. 98426 Sept. 28, 1984 98 Stat. 1649  Editorial Notes Amendments 1984Subsec. (b). Pub. L. 98426,  13(a) section 912 of this title Subsecs. (c), (d), (g). Pub. L. 98426,  27(a)(2) section 902 of this title Subsecs. (j) to ( l Pub. L. 98426,  13(b) l 1972Subsec. (f). Pub. L. 92576,  15(d) Subsec. (m). Pub. L. 92576,  5(e) section 908(g) of this title section 918 of this title 1961Subsec. (m). Pub. L. 8787 1956Subsec. (m). Act July 26, 1956 section 908(c)(21) of this title section 908(g) of this title section 918 of this title 1948Subsec. (m). Act June 24, 1948 section 908(c)(21) of this title 1938Subsec. (f). Act June 25, 1938 1934Subsec. (j). Act May 26, 1934 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by section 13 of Pub. L. 98426 Sept. 28, 1984 section 27(a)(2) of Pub. L. 98426 Sept. 28, 1984 Pub. L. 98426 section 901 of this title Effective Date of 1972 Amendment Amendment by Pub. L. 92576 Oct. 27, 1972 section 22 of Pub. L. 92576 section 902 of this title Effective Date of 1961 Amendment Amendment by Pub. L. 8787 July 14, 1961 section 4 of Pub. L. 8787 section 906 of this title Effective Date of 1956 Amendment Amendment by act July 26, 1956 July 26, 1956 July 26, 1956 section 906 of this title Effective Date of 1948 Amendment Amendment by act June 24, 1948 June 24, 1948 June 24, 1948 section 906 of this title  915. Invalid agreements (a) No agreement by an employee to pay any portion of premium paid by his employer to a carrier or to contribute to a benefit fund or department maintained by such employer for the purpose of providing compensation or medical services and supplies as required by this chapter shall be valid, and any employer who makes a deduction for such purpose from the pay of any employee entitled to the benefits of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $1,000. (b) No agreement by an employee to waive his right to compensation under this chapter shall be valid. ( Mar. 4, 1927, ch. 509,  15 44 Stat. 1434  916. Assignment and exemption from claims of creditors  No assignment, release, or commutation of compensation or benefits due or payable under this chapter, except as provided by this chapter, shall be valid, and such compensation and benefits shall be exempt from all claims of creditors and from levy, execution, and attachment or other remedy for recovery or collection of a debt, which exemption may not be waived. ( Mar. 4, 1927, ch. 509,  16 44 Stat. 1434  917. Lien against compensation  Where a trust fund which complies with section 186(c) of title 29 ( Mar. 4, 1927, ch. 509,  17 44 Stat. 1434 June 25, 1938, ch. 685,  8 52 Stat. 1167 Pub. L. 92576,  20(b) Oct. 27, 1972 86 Stat. 1264 Pub. L. 95598, title III,  324 Nov. 6, 1978 92 Stat. 2679 Pub. L. 98426,  14 Sept. 28, 1984 98 Stat. 1649  Editorial Notes Amendments 1984 Pub. L. 98426 1978Subsec. (a). Pub. L. 95598 1972 Pub. L. 92576 1938Act June 25, 1938 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98426 Sept. 28, 1984 section 28(a) of Pub. L. 98426 section 901 of this title Effective Date of 1978 Amendment Amendment by Pub. L. 95598 Oct. 1, 1979 section 402(a) of Pub. L. 95598 section 101 of Title 11 Effective Date of 1972 Amendment Amendment by Pub. L. 92576 Oct. 27, 1972 section 22 of Pub. L. 92576 section 902 of this title  918. Collection of defaulted payments; special fund (a) In case of default by the employer in the payment of compensation due under any award of compensation for a period of thirty days after the compensation is due and payable, the person to whom such compensation is payable may, within one year after such default, make application to the deputy commissioner making the compensation order or 1 1 section 919 of this title (b) In cases where judgment cannot be satisfied by reason of the employers insolvency or other circumstances precluding payment, the Secretary of Labor may, in his discretion and to the extent he shall determine advisable after consideration of current commitments payable from the special fund established in section 944 of this title section 907 of this title section 921 of this title ( Mar. 4, 1927, ch. 509,  18 44 Stat. 1434 June 25, 1936, ch. 804 49 Stat. 1921 June 25, 1948, ch. 646,  32(b) 62 Stat. 991 May 24, 1949, ch. 139,  127 63 Stat. 107 July 26, 1956, ch. 735,  6 70 Stat. 655 Pub. L. 98426,  27(b) Sept. 28, 1984 98 Stat. 1654  Editorial Notes Codification As originally enacted, subsec. (a) contained a reference to the Supreme Court of the District of Columbia. Act June 25, 1936 June 25, 1948 May 24, 1949 Amendments 1984Subsec. (b). Pub. L. 98426 section 917 of this title 1956Act July 26, 1956 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98426 Sept. 28, 1984 section 28(e)(1) of Pub. L. 98426 section 901 of this title  919. Procedure in respect of claims (a) Filing of claim Subject to the provisions of section 913 of this title (b) Notice of claim Within ten days after such claim is filed the deputy commissioner, in accordance with regulations prescribed by the Secretary, shall notify the employer and any other person (other than the claimant), whom the deputy commissioner considers an interested party, that a claim has been filed. Such notice may be served personally upon the employer or other person, or sent to such employer or person by registered mail. (c) Investigations; order for hearing; notice; rejection or award The deputy commissioner shall make or cause to be made such investigations as he considers necessary in respect of the claim, and upon application of any interested party shall order a hearing thereon. If a hearing on such claim is ordered the deputy commissioner shall give the claimant and other interested parties at least ten days notice of such hearing, served personally upon the claimant and other interested parties or sent to such claimant and other interested parties by registered mail or by certified mail, and shall within twenty days after such hearing is had, by order, reject the claim or make an award in respect of the claim. If no hearing is ordered within twenty days after notice is given as provided in subsection (b), the deputy commissioner shall, by order, reject the claim or make an award in respect of the claim. (d) Provisions governing conduct of hearing; administrative law judges Notwithstanding any other provisions of this chapter, any hearing held under this chapter shall be conducted in accordance with the provisions of section 554 of title 5 1 1 October 27, 1972 (e) Filing and mailing of order rejecting claim or making award The order rejecting the claim or making the award (referred to in this chapter as a compensation order) shall be filed in the office of the deputy commissioner, and a copy thereof shall be sent by registered mail or by certified mail to the claimant and to the employer at the last known address of each. (f) Awards after death of employee An award of compensation for disability may be made after the death of an injured employee. (g) Transfer of case At any time after a claim has been filed with him, the deputy commissioner may, with the approval of the Secretary, transfer such case to any other deputy commissioner for the purpose of making investigation, taking testimony, making physical examinations or taking such other necessary action therein as may be directed. (h) Physical examination of injured employee An injured employee claiming or entitled to compensation shall submit to such physical examination by a medical officer of the United States or by a duly qualified physician designated or approved by the Secretary as the deputy commissioner may require. The place or places shall be reasonably convenient for the employee. Such physician or physicians as the employee, employer, or carrier may select and pay for may participate in an examination if the employee, employer, or carrier so requests. Proceedings shall be suspended and no compensation be payable for any period during which the employee may refuse to submit to examination. ( Mar. 4, 1927, ch. 509,  19 44 Stat. 1435 June 25, 1938, ch. 685,  9 52 Stat. 1167 Pub. L. 86507,  1(30) June 11, 1960 74 Stat. 202 Pub. L. 92576,  14 Oct. 27, 1972 86 Stat. 1261 Pub. L. 95251,  2(a)(10) Mar. 27, 1978 92 Stat. 183 Pub. L. 98426,  27(a)(2) Sept. 28, 1984 98 Stat. 1654  Editorial Notes Amendments 1984Subsecs. (a), (b), (g), (h). Pub. L. 98426,  27(a)(2) section 902 of this title 1978Subsec. (d). Pub. L. 95251 1972Subsec. (d). Pub. L. 92576 section 554 of title 5 section 3105 of title 5 Oct. 27, 1972 1960Subsecs. (c), (e). Pub. L. 86507 1938Subsec. (g). Act June 25, 1938 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98426 Sept. 28, 1984 section 28(e)(1) of Pub. L. 98426 section 901 of this title Effective Date of 1972 Amendment Amendment by Pub. L. 92576 Oct. 27, 1972 section 22 of Pub. L. 92576 section 902 of this title  920. Presumptions In any proceeding for the enforcement of a claim for compensation under this chapter it shall be presumed, in the absence of substantial evidence to the contrary (a) That the claim comes within the provisions of this chapter. (b) That sufficient notice of such claim has been given. (c) That the injury was not occasioned solely by the intoxication of the injured employee. (d) That the injury was not occasioned by the willful intention of the injured employee to injure or kill himself or another. ( Mar. 4, 1927, ch. 509,  20 44 Stat. 1436  921. Review of compensation orders (a) Effectiveness and finality of orders A compensation order shall become effective when filed in the office of the deputy commissioner as provided in section 919 of this title (b) Benefits Review Board; establishment; members; chairman; quorum; voting; questions reviewable; record; conclusiveness of findings; stay of payments; remand (1) There is hereby established a Benefits Review Board which shall be composed of five members appointed by the Secretary from among individuals who are especially qualified to serve on such Board. The Secretary shall designate one of the members of the Board to serve as chairman. The Chairman shall have the authority, as delegated by the Secretary, to exercise all administrative functions necessary to operate the Board. (2) For the purpose of carrying out its functions under this chapter, three members of the Board shall constitute a quorum and official action can be taken only on the affirmative vote of at least three members. (3) The Board shall be authorized to hear and determine appeals raising a substantial question of law or fact taken by any party in interest from decisions with respect to claims of employees under this chapter and the extensions thereof. The Boards orders shall be based upon the hearing record. The findings of fact in the decision under review by the Board shall be conclusive if supported by substantial evidence in the record considered as a whole. The payment of the amounts required by an award shall not be stayed pending final decision in any such proceeding unless ordered by the Board. No stay shall be issued unless irreparable injury would otherwise ensue to the employer or carrier. (4) The Board may, on its own motion or at the request of the Secretary, remand a case to the administrative law judge for further appropriate action. The consent of the parties in interest shall not be a prerequisite to a remand by the Board. (5) Notwithstanding paragraphs (1) through (4), upon application of the Chairman of the Board, the Secretary may designate up to four Department of Labor administrative law judges to serve on the Board temporarily, for not more than one year. The Board is authorized to delegate to panels of three members any or all of the powers which the Board may exercise. Each such panel shall have no more than one temporary member. Two members shall constitute a quorum of a panel. Official adjudicative action may be taken only on the affirmative vote of at least two members of a panel. Any party aggrieved by a decision of a panel of the Board may, within thirty days after the date of entry of the decision, petition the entire permanent Board for review of the panels decision. Upon affirmative vote of the majority of the permanent members of the Board, the petition shall be granted. The Board shall amend its Rules of Practice to conform with this paragraph. Temporary members, while serving as members of the Board, shall be compensated at the same rate of compensation as regular members. (c) Court of appeals; jurisdiction; persons entitled to review; petition; record; determination and enforcement; service of process; stay of payments Any person adversely affected or aggrieved by a final order of the Board may obtain a review of that order in the United States court of appeals for the circuit in which the injury occurred, by filing in such court within sixty days following the issuance of such Board order a written petition praying that the order be modified or set aside. A copy of such petition shall be forthwith transmitted by the clerk of the court, to the Board, and to the other parties, and thereupon the Board shall file in the court the record in the proceedings as provided in section 2112 of title 28 (d) District court; jurisdiction; enforcement of orders; application of beneficiaries of awards or deputy commissioner; process for compliance with orders If any employer or his officers or agents fails to comply with a compensation order making an award, that has become final, any beneficiary of such award or the deputy commissioner making the order, may apply for the enforcement of the order to the Federal district court for the judicial district in which the injury occurred (or to the United States District Court for the District of Columbia if the injury occurred in the District). If the court determines that the order was made and served in accordance with law, and that such employer or his officers or agents have failed to comply therewith, the court shall enforce obedience to the order by writ of injunction or by other proper process, mandatory or otherwise, to enjoin upon such person and his officers and agents compliance with the order. (e) Institution of proceedings for suspension, setting aside, or enforcement of compensation orders Proceedings for suspending, setting aside, or enforcing a compensation order, whether rejecting a claim or making an award, shall not be instituted otherwise than as provided in this section and section 918 of this title ( Mar. 4, 1927, ch. 509,  21 44 Stat. 1436 June 25, 1936, ch. 804 49 Stat. 1921 June 25, 1948, ch. 646,  32(b) 62 Stat. 991 May 24, 1949, ch. 139,  127 63 Stat. 107 Pub. L. 92576,  15(a) Oct. 27, 1972 86 Stat. 1261 Pub. L. 95251,  2(a)(10) Mar. 27, 1978 92 Stat. 183 Pub. L. 98426,  15 Sept. 28, 1984 98 Stat. 1649  Editorial Notes Codification As originally enacted, subsec. (d) contained a reference to the Supreme Court of the District of Columbia. Act June 25, 1936 June 25, 1948 May 24, 1949 Amendments 1984Subsec. (b)(1). Pub. L. 98426,  15(1) Subsec. (b)(2). Pub. L. 98426,  15(3) Subsec. (b)(5). Pub. L. 98426,  15(4) 1978Subsec. (b)(4). Pub. L. 95251 1972Subsec. (b). Pub. L. 92576,  15(a) Subsecs. (c) to (e). Pub. L. 92576,  15(a) Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98426 Sept. 28, 1984 section 28(e)(1) of Pub. L. 98426 section 901 of this title Effective Date of 1972 Amendment Amendment by Pub. L. 92576 Oct. 27, 1972 section 22 of Pub. L. 92576 section 902 of this title Review of Decisions Made by or Pending Before Benefits Review Board Pub. L. 108447, div. F, title I Dec. 8, 2004 118 Stat. 3121 Pub. L. 108199, div. E, title I Jan. 23, 2004 118 Stat. 234 Pub. L. 1087, div. G, title I Feb. 20, 2003 117 Stat. 306 Pub. L. 107116, title I Jan. 10, 2002 115 Stat. 2184 Pub. L. 106554,  1(a)(1) [title I] Dec. 21, 2000 114 Stat. 2763 Pub. L. 106113, div. B,  1000(a)(4) [title I] Nov. 29, 1999 113 Stat. 1535 Pub. L. 105277, div. A,  101(f) [title I] Oct. 21, 1998 112 Stat. 2681337 Pub. L. 10578, title I Nov. 13, 1997 111 Stat. 1475 Pub. L. 104208, div. A, title I,  101(e) [title I] Sept. 30, 1996 110 Stat. 3009233 Pub. L. 104134, title I,  101(d) [title I] Apr. 26, 1996 110 Stat. 1321211 Pub. L. 104140,  1(a) May 2, 1996 110 Stat. 1327  921a. Appearance of attorneys for Secretary, deputy commissioner, or Board  Attorneys appointed by the Secretary shall represent the Secretary, the deputy commissioner, or the Board in any court proceedings under section 21 [ 33 U.S.C. 921 1 1 ( May 4, 1928, ch. 502 45 Stat. 490 June 25, 1948, ch. 646,  1 62 Stat. 909 Pub. L. 92576,  16 Oct. 27, 1972 86 Stat. 1262  Editorial Notes  References in Text This Act, referred to in text, probably should have been a reference to act Mar. 4, 1927, ch. 509 44 Stat. 1424 Mar. 4, 1927 section 901 of this title Codification Section was not enacted as part of the Longshore and Harbor Workers Compensation Act which comprises this chapter. Amendments 1972 Pub. L. 92576 Mar. 4, 1927 act May 4, 1928, ch. 502 Mar. 4, 1927 Statutory Notes and Related Subsidiaries  Change of Name Act June 25, 1948 Sept. 1, 1948 section 541 of Title 28 Effective Date of 1972 Amendment Amendment by Pub. L. 92576 Oct. 27, 1972 section 22 of Pub. L. 92576 section 902 of this title  922. Modification of awards  Upon his own initiative, or upon the application of any party in interest (including an employer or carrier which has been granted relief under section 908(f) of this title section 944(i) of this title section 919 of this title ( Mar. 4, 1927, ch. 509,  22 44 Stat. 1437 May 26, 1934, ch. 354,  5 48 Stat. 807 June 25, 1938, ch. 685,  10 52 Stat. 1167 Pub. L. 98426 Sept. 28, 1984 98 Stat. 1650  Editorial Notes Amendments 1984 Pub. L. 98426,  16 section 908(f) of this title section 941(i) of this title Pub. L. 98426,  27(a)(2) section 902 of this title 1938Act June 25, 1938 1934Act May 26, 1934 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98426 Sept. 28, 1984 section 28(e)(1) of Pub. L. 98426 section 901 of this title  923. Procedure before deputy commissioner or Board (a) In making an investigation or inquiry or conducting a hearing the deputy commissioner or Board shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure, except as provided by this chapter; but may make such investigation or inquiry or conduct such hearing in such manner as to best ascertain the rights of the parties. Declarations of a deceased employee concerning the injury in respect of which the investigation or inquiry is being made or the hearing conducted shall be received in evidence and shall, if corroborated by other evidence, be sufficient to establish the injury. (b) Hearings before a deputy commissioner or Board shall be open to the public and shall be stenographically reported, and the deputy commissioners or Board, subject to the approval of the Secretary, are authorized to contract for the reporting of such hearings. The Secretary shall by regulation provide for the preparation of a record of the hearings and other proceedings before the deputy commissioners or Board. ( Mar. 4, 1927, ch. 509,  23 44 Stat. 1437 Pub. L. 92576,  15(e) Oct. 27, 1972 86 Stat. 1262 Pub. L. 98426,  27(a)(2) Sept. 28, 1984 98 Stat. 1654  Editorial Notes Amendments 1984Subsec. (b). Pub. L. 98426 section 902 of this title 1972 Pub. L. 92576 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98426 Sept. 28, 1984 section 28(e)(1) of Pub. L. 98426 section 901 of this title Effective Date of 1972 Amendment Amendment by Pub. L. 92576 Oct. 27, 1972 section 22 of Pub. L. 92576 section 902 of this title  924. Witnesses  No person shall be required to attend as a witness in any proceeding before a deputy commissioner at a place outside of the State of his residence and more than one hundred miles from his place of residence, unless his lawful mileage and fee for one days attendance shall be first paid or tendered to him; but the testimony of any witness may be taken by deposition or interrogatories according to the rules of practice of the Federal district court for the judicial district in which the case is pending (or of the United States District Court for the District of Columbia if the case is pending in the District). ( Mar. 4, 1927, ch. 509,  24 44 Stat. 1437 June 25, 1936, ch. 804 49 Stat. 1921 June 25, 1948, ch. 646,  32(b) 62 Stat. 991 May 24, 1949, ch. 139,  127 63 Stat. 107  Editorial Notes Codification As originally enacted, this section contained a reference to the Supreme Court of the District of Columbia. Act June 25, 1936 June 25, 1948 May 24, 1949  925. Witness fees  Witnesses summoned in a proceeding before a deputy commissioner or whose depositions are taken shall receive the same fees and mileage as witnesses in courts of the United States. ( Mar. 4, 1927, ch. 509,  25 44 Stat. 1437  926. Costs in proceedings brought without reasonable grounds  If the court having jurisdiction of proceedings in respect of any claim or compensation order determines that the proceedings in respect of such claim or order have been instituted or continued without reasonable ground, the costs of such proceedings shall be assessed against the party who has so instituted or continued such proceedings. ( Mar. 4, 1927, ch. 509,  26 44 Stat. 1438  927. Powers of deputy commissioners or Board (a) The deputy commissioner or Board shall have power to preserve and enforce order during any such proceedings; to issue subpoenas for, to administer oaths to, and to compel the attendance and testimony of witnesses, or the production of books, papers, documents, and other evidence, or the taking of depositions before any designated individual competent to administer oaths; to examine witnesses; and to do all things conformable to law which may be necessary to enable him effiectively 1 1 (b) If any person in proceedings before a deputy commissioner or Board disobeys or resists any lawful order or process, or misbehaves during a hearing or so near the place thereof as to obstruct the same, or neglects to produce, after having been ordered to do so, any pertinent book, paper, or document, or refuses to appear after having been subpoenaed, or upon appearing refuses to take the oath as a witness, or after having taken the oath refuses to be examined according to law, the deputy commissioner or Board shall certify the facts to the district court having jurisdiction in the place in which he is sitting (or to the United States District Court for the District of Columbia if he is sitting in such District) which shall thereupon in a summary manner hear the evidence as to the acts complained of, and if the evidence so warrants, punish such person in the same manner and to the same extent as for a contempt committed before the court, or commit such person upon the same conditions as if the doing of the forbidden act had occurred with reference to the process of or in the presence of the court. ( Mar. 4, 1927, ch. 509,  27 44 Stat. 1438 June 25, 1936, ch. 804 49 Stat. 1921 June 25, 1948, ch. 646,  32(b) 62 Stat. 991 May 24, 1949, ch. 139,  127 63 Stat. 107 Pub. L. 92576,  15(e) Oct. 27, 1972 86 Stat. 1262  Editorial Notes Codification As originally enacted, subsec. (b) contained a reference to the Supreme Court of the District of Columbia. Act June 25, 1936 June 25, 1948 May 24, 1949 Amendments 1972Subsecs. (a), (b). Pub. L. 92576 Statutory Notes and Related Subsidiaries Effective Date of 1972 Amendment Amendment by Pub. L. 92576 Oct. 27, 1972 section 22 of Pub. L. 92576 section 902 of this title  928. Fees for services (a) Attorneys fee; successful prosecution of claim If the employer or carrier declines to pay any compensation on or before the thirtieth day after receiving written notice of a claim for compensation having been filed from the deputy commissioner, on the ground that there is no liability for compensation within the provisions of this chapter and the person seeking benefits shall thereafter have utilized the services of an attorney at law in the successful prosecution of his claim, there shall be awarded, in addition to the award of compensation, in a compensation order, a reasonable attorneys fee against the employer or carrier in an amount approved by the deputy commissioner, Board, or court, as the case may be, which shall be paid directly by the employer or carrier to the attorney for the claimant in a lump sum after the compensation order becomes final. (b) Attorneys fee; successful prosecution for additional compensation; independent medical evaluation of disability controversy; restriction of other assessments If the employer or carrier pays or tenders payment of compensation without an award pursuant to section 914(a) and (b) of this title, and thereafter a controversy develops over the amount of additional compensation, if any, to which the employee may be entitled, the deputy commissioner or Board shall set the matter for an informal conference and following such conference the deputy commissioner or Board shall recommend in writing a disposition of the controversy. If the employer or carrier refuse 1 1 section 907(e) of this title (c) Approval; payment; lien In all cases fees for attorneys representing the claimant shall be approved in the manner herein provided. If any proceedings are had before the Board or any court for review of any action, award, order, or decision, the Board or court may approve an attorneys fee for the work done before it by the attorney for the claimant. An approved attorneys fee, in cases in which the obligation to pay the fee is upon the claimant, may be made a lien upon the compensation due under an award; and the deputy commissioner, Board, or court shall fix in the award approving the fee, such lien and manner of payment. (d) Costs; witnesses fees and mileage; prohibition against diminution of compensation to claimant In cases where an attorneys fee is awarded against an employer or carrier there may be further assessed against such employer or carrier as costs, fees and mileage for necessary witnesses attending the hearing at the instance of claimant. Both the necessity for the witness and the reasonableness of the fees of expert witnesses must be approved by the hearing officer, the Board, or the court, as the case may be. The amounts awarded against an employer or carrier as attorneys fees, costs, fees and mileage for witnesses shall not in any respect affect or diminish the compensation payable under this chapter. (e) Unapproved fees; solicitation; penalty A person who receives a fee, gratuity, or other consideration on account of services rendered as a representative of a claimant, unless the consideration is approved by the deputy commissioner, administrative law judge, Board, or court, or who makes it a business to solicit employment for a lawyer, or for himself, with respect to a claim or award for compensation under this chapter, shall, upon conviction thereof, for each offense be punished by a fine of not more than $1,000 or be imprisoned for not more than one year, or both. ( Mar. 4, 1927, ch. 509,  28 44 Stat. 1438 Pub. L. 92576,  13 Oct. 27, 1972 86 Stat. 1259 Pub. L. 98426,  17 Sept. 28, 1984 98 Stat. 1650  Editorial Notes Amendments 1984Subsec. (e). Pub. L. 98426 1972Subsec. (a). Pub. L. 92576 Subsecs. (b) to (e). Pub. L. 92576 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98426 Sept. 28, 1984 section 28(e)(1) of Pub. L. 98426 section 901 of this title Effective Date of 1972 Amendment Amendment by Pub. L. 92576 Oct. 27, 1972 section 22 of Pub. L. 92576 section 902 of this title  929. Record of injury or death  Every employer shall keep a record in respect of any injury to an employee. Such record shall contain such information of disease, other disability, or death in respect of such injury as the Secretary may by regulation require, and shall be available to inspection by the Secretary or by any State authority at such times and under such conditions as the Secretary may by regulation prescribe. ( Mar. 4, 1927, ch. 509,  29 44 Stat. 1438 Pub. L. 98426,  27(a)(2) Sept. 28, 1984 98 Stat. 1654  Editorial Notes Amendments 1984 Pub. L. 98426,  27(a)(2) section 902 of this title Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98426 Sept. 28, 1984 section 28(e)(1) of Pub. L. 98426 section 901 of this title  930. Reports to Secretary (a) Time for sending; contents; copy to deputy commissioner Within ten days from the date of any injury, which causes loss of one or more shifts of work, or death or from the date that the employer has knowledge of a disease or infection in respect of such injury, the employer shall send to the Secretary a report setting forth (1) the name, address, and business of the employer; (2) the name, address, and occupation of the employee; (3) the cause and nature of the injury or death; (4) the year, month, day, and hour when and the particular locality where the injury or death occurred; and (5) such other information as the Secretary may require. A copy of such report shall be sent at the same time to the deputy commissioner in the compensation district in which the injury occurred. Notwithstanding the requirements of this subsection, each employer shall keep a record of each and every injury regardless of whether such injury results in the loss of one or more shifts of work. (b) Additional reports Additional reports in respect of such injury and of the condition of such employee shall be sent by the employer to the Secretary and to such deputy commissioner at such times and in such manner as the Secretary may prescribe. (c) Use as evidence Any report provided for in subsection (a) or (b) shall not be evidence of any fact stated in such report in any proceeding in respect of such injury or death on account of which the report is made. (d) Compliance by mailing The mailing of any such report and copy in a stamped envelope, within the time prescribed in subsections (a) or (b), to the Secretary and deputy commissioner, respectively, shall be a compliance with this section. (e) Penalty for failure or refusal to send report Any employer, insurance carrier, or self-insured employer who knowingly and willfully fails or refuses to send any report required by this section or knowingly or willfully makes a false statement or misrepresentation in any such report shall be subject to a civil penalty not to exceed $10,000 for each such failure, refusal, false statement, or misrepresentation. (f) Tolling provision Where the employer or the carrier has been given notice, or the employer (or his agent in charge of the business in the place where the injury occurred) or the carrier has knowledge, of any injury or death of an employee and fails, neglects, or refuses to file report thereof as required by the provisions of subsection (a) of this section, the limitations in subsection (a) of section 913 of this title ( Mar. 4, 1927, ch. 509,  30 44 Stat. 1439 June 25, 1938, ch. 685,  11 52 Stat. 1167 Pub. L. 98426 Sept. 28, 1984 98 Stat. 1650  Editorial Notes Amendments 1984Subsec. (a). Pub. L. 98426,  18(a)(1) Pub. L. 98426,  27(a)(2) section 902 of this title Pub. L. 98426,  18(a)(2) Subsecs. (b), (d). Pub. L. 98426,  27(a)(2) section 902 of this title Subsec. (e). Pub. L. 98426,  18(b) 1938Subsec. (f). Act June 25, 1938 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98426 Sept. 28, 1984 section 28(e)(1) of Pub. L. 98426 section 901 of this title  931. Penalty for misrepresentation (a) Felony; fine; imprisonment (1) Any claimant or representative of a claimant who knowingly and willfully makes a false statement or representation for the purpose of obtaining a benefit or payment under this chapter shall be guilty of a felony, and on conviction thereof shall be punished by a fine not to exceed $10,000, by imprisonment not to exceed five years, or by both. (2) The United States attorney for the district in which the injury is alleged to have occurred shall make every reasonable effort to promptly investigate each complaint made under this subsection. (b) List of persons disqualified from representing claimants (1) No representation fee of a claimants representative shall be approved by the deputy commissioner, an administrative law judge, the Board, or a court pursuant to section 928 of this title (2) (A) The Secretary shall annually prepare a list of those individuals in each compensation district who have represented claimants for a fee in cases under this chapter and who are not authorized to represent claimants. The names of individuals contained on the list required under this subparagraph shall be made available to employees and employers in each compensation district through posting and in such other forms as the Secretary may prescribe. (B) Individuals shall be included on the list of those not authorized to represent claimants under this chapter if the Secretary determines under this section, in accordance with the procedure provided in subsection (j) of section 907 of this title (i) has been convicted (without regard to pending appeal) of any crime in connection with the representation of a claimant under this chapter or any workers compensation statute; (ii) has engaged in fraud in connection with the presentation of a claim under this or any workers compensation statute, including, but not limited to, knowingly making false representations, concealing or attempting to conceal material facts with respect to a claim, or soliciting or otherwise procuring false testimony; (iii) has been prohibited from representing claimants before any other workers compensation agency for reasons of professional misconduct which are similar in nature to those which would be grounds for disqualification under this paragraph; or (iv) has accepted fees for representing claimants under this chapter which were not approved, or which were in excess of the amount approved pursuant to section 928 of this title (C) Notwithstanding subparagraph (B), no individual who is on the list required to be maintained by the Secretary pursuant to this section shall be prohibited from presenting his or her own claim or from representing without fee, a claimant who is a spouse, mother, father, sister, brother, or child of such individual. (D) A determination under subparagraph (A) shall remain in effect for a period of not less than three years and until the Secretary finds and gives notice to the public that there is reasonable assurance that the basis for the determination will not reoccur. (3) No employee shall be liable to pay a representation fee to any representative whose fee has been disallowed by reason of the operation of this paragraph. (4) The Secretary shall issue such rules and regulations as are necessary to carry out this section. (c) False statements or representation to reduce, deny, or terminate benefits A person including, but not limited to, an employer, his duly authorized agent, or an employee of an insurance carrier who knowingly and willfully makes a false statement or representation for the purpose of reducing, denying, or terminating benefits to an injured employee, or his dependents pursuant to section 909 of this title ( Mar. 4, 1927, ch. 509,  31 44 Stat. 1439 Pub. L. 98426,  19 Sept. 28, 1984 98 Stat. 1650  Editorial Notes Amendments 1984 Pub. L. 98426 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98426 Sept. 28, 1984 section 28(e)(1) of Pub. L. 98426 section 901 of this title  932. Security for compensation (a) Every employer shall secure the payment of compensation under this chapter (1) By insuring and keeping insured the payment of such compensation with any stock company or mutual company or association, or with any other person or fund, while such person or fund is authorized (A) under the laws of the United States or of any State, to insure workmens compensation, and (B) by the Secretary, to insure payment of compensation under this chapter; or (2) By furnishing satisfactory proof to the Secretary of his financial ability to pay such compensation and receiving an authorization from the Secretary to pay such compensation directly. The Secretary may, as a condition to such authorization, require such employer to deposit in a depository designated by the Secretary either an indemnity bond or securities (at the option of the employer) of a kind and in an amount determined by the Secretary, based on the employers financial condition, the employers previous record of payments, and other relevant factors, and subject to such conditions as the Secretary may prescribe, which shall include authorization to the Secretary in case of default to sell any such securities sufficient to pay compensation awards or to bring suit upon such bonds, to procure prompt payment of compensation under this chapter. Any employer securing compensation in accordance with the provisions of this paragraph shall be known as a self-insurer. (b) In granting authorization to any carrier to insure payment of compensation under this chapter the Secretary may take into consideration the recommendation of any State authority having supervision over carriers or over workmens compensation, and may authorize any carrier to insure the payment of compensation under this chapter in a limited territory. Any marine protection and indemnity mutual insurance corporation or association, authorized to write insurance against liability for loss or damage from personal injury and death, and for other losses and damages, incidental to or in respect of the ownership, operation, or chartering of vessels on a mutual assessment plan, shall be deemed a qualified carrier to insure compensation under this chapter. The Secretary may suspend or revoke any such authorization for good cause shown after a hearing at which the carrier shall be entitled to be heard in person or by counsel and to present evidence. No suspension or revocation shall affect the liability of any carrier already incurred. ( Mar. 4, 1927, ch. 509,  32 44 Stat. 1439 Pub. L. 98426 Sept. 28, 1984 98 Stat. 1652  Editorial Notes Amendments 1984Subsec. (a)(1). Pub. L. 98426,  27(a)(2) section 902 of this title Subsec. (a)(2). Pub. L. 98426,  20 Pub. L. 98426,  27(a)(2) section 902 of this title Subsec. (b). Pub. L. 98426,  27(a)(2) section 902 of this title Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98426 Sept. 28, 1984 section 28(e)(1) of Pub. L. 98426 section 901 of this title  933. Compensation for injuries where third persons are liable (a) Election of remedies If on account of a disability or death for which compensation is payable under this chapter the person entitled to such compensation determines that some person other than the employer or a person or persons in his employ is liable in damages, he need not elect whether to receive such compensation or to recover damages against such third person. (b) Acceptance of compensation operating as assignment Acceptance of compensation under an award in a compensation order filed by the deputy commissioner, an administrative law judge, or the Board shall operate as an assignment to the employer of all rights of the person entitled to compensation to recover damages against such third person unless such person shall commence an action against such third person within six months after such acceptance. If the employer fails to commence an action against such third person within ninety days after the cause of action is assigned under this section, the right to bring such action shall revert to the person entitled to compensation. For the purpose of this subsection, the term award with respect to a compensation order means a formal order issued by the deputy commissioner, an administrative law judge, or Board. (c) Payment into section 944 fund operating as assignment The payment of such compensation into the fund established in section 944 of this title (d) Institution of proceedings or compromise by assignee Such employer on account of such assignment may either institute proceedings for the recovery of such damages or may compromise with such third person either without or after instituting such proceeding. (e) Recoveries by assignee Any amount recovered by such employer on account of such assignment, whether or not as the result of a compromise, shall be distributed as follows: (1) The employer shall retain an amount equal to (A) the expenses incurred by him in respect to such proceedings or compromise (including a reasonable attorneys fee as determined by the deputy commissioner or Board); (B) the cost of all benefits actually furnished by him to the employee under section 907 of this title (C) all amounts paid as compensation; (D) the present value of all amounts thereafter payable as compensation, such present value to be computed in accordance with a schedule prepared by the Secretary, and the present value of the cost of all benefits thereafter to be furnished under section 907 of this title (2) The employer shall pay any excess to the person entitled to compensation or to the representative. (f) Institution of proceedings by person entitled to compensation If the person entitled to compensation institutes proceedings within the period prescribed in subsection (b) the employer shall be required to pay as compensation under this chapter a sum equal to the excess of the amount which the Secretary determines is payable on account of such injury or death over the net amount recovered against such third person. Such net amount shall be equal to the actual amount recovered less the expenses reasonably incurred by such person in respect to such proceedings (including reasonable attorneys fees). (g) Compromise obtained by person entitled to compensation (1) If the person entitled to compensation (or the persons representative) enters into a settlement with a third person referred to in subsection (a) for an amount less than the compensation to which the person (or the persons representative) would be entitled under this chapter, the employer shall be liable for compensation as determined under subsection (f) only if written approval of the settlement is obtained from the employer and the employers carrier, before the settlement is executed, and by the person entitled to compensation (or the persons representative). The approval shall be made on a form provided by the Secretary and shall be filed in the office of the deputy commissioner within thirty days after the settlement is entered into. (2) If no written approval of the settlement is obtained and filed as required by paragraph (1), or if the employee fails to notify the employer of any settlement obtained from or judgment rendered against a third person, all rights to compensation and medical benefits under this chapter shall be terminated, regardless of whether the employer or the employers insurer has made payments or acknowledged entitlement to benefits under this chapter. (3) Any payments by the special fund established under section 944 of this title (4) Any payments by a trust fund described in section 917 of this title (h) Subrogation Where the employer is insured and the insurance carrier has assumed the payment of the compensation, the insurance carrier shall be subrogated to all the rights of the employer under this section. (i) Right to compensation as exclusive remedy The right to compensation or benefits under this chapter shall be the exclusive remedy to an employee when he is injured, or to his eligible survivors or legal representatives if he is killed, by the negligence or wrong of any other person or persons in the same employ: Provided ( Mar. 4, 1927, ch. 509,  33 44 Stat. 1440 June 25, 1938, ch. 685 52 Stat. 1168 Pub. L. 86171 Aug. 18, 1959 73 Stat. 391 Pub. L. 92576,  15(f) Oct. 27, 1972 86 Stat. 1262 Pub. L. 98426,  21 Sept. 28, 1984 98 Stat. 1652  Editorial Notes Amendments 1984Subsec. (b). Pub. L. 98426,  21(a) Subsec. (e)(2). Pub. L. 98426,  21(b) Subsec. (f). Pub. L. 98426,  21(c)(1) Pub. L. 98426,  21(c)(2) Subsec. (g). Pub. L. 98426,  21(d) 1972Subsecs. (b), (e)(1)(A). Pub. L. 92576,  15(f) Subsec. (g). Pub. L. 92576,  15(h) 1959Subsec. (a). Pub. L. 86171 Subsec. (b). Pub. L. 86171 Subsec. (c). Pub. L. 86171 Subsec. (d). Pub. L. 86171 Subsec. (e). Pub. L. 86171 Subsec. (f). Pub. L. 86171 section 913 of this title Subsec. (g). Pub. L. 86171 Subsecs. (h), (i). Pub. L. 86171 1938Subsec. (b). Act June 25, 1938 Subsec. (e). Act June 25, 1938 Subsec. (i). Act June 25, 1938 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98426 Sept. 28, 1984 section 28(a) of Pub. L. 98426 section 901 of this title Effective Date of 1972 Amendment Amendment by Pub. L. 92576 Oct. 27, 1972 section 22 of Pub. L. 92576 section 902 of this title  934. Compensation notice  Every employer who has secured compensation under the provisions of this chapter shall keep posted in a conspicuous place or places in and about his place or places of business typewritten or printed notices, in accordance with a form prescribed by the Secretary, stating that such employer has secured the payment of compensation in accordance with the provisions of this chapter. Such notices shall contain the name and address of the carrier, if any, with whom the employer has secured payment of compensation and the date of the expiration of the policy. ( Mar. 4, 1927, ch. 509,  34 44 Stat. 1441 Pub. L. 98426,  27(a)(2) Sept. 28, 1984 98 Stat. 1654  Editorial Notes Amendments 1984 Pub. L. 98426 section 902 of this title Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98426 Sept. 28, 1984 section 28(e)(1) of Pub. L. 98426 section 901 of this title  935. Substitution of carrier for employer  In any case where the employer is not a self-insurer, in order that the liability for compensation imposed by this chapter may be most effectively discharged by the employer, and in order that the administration of this chapter in respect of such liability may be facilitated, the Secretary shall by regulation provide for the discharge, by the carrier for such employer, of such obligations and duties of the employer in respect to such liability, imposed by this chapter upon the employer, as it considers proper in order to effectuate the provisions of this chapter. For such purposes (1) notice to or knowledge of an employer of the occurrence of the injury shall be notice to or knowledge of the carrier, (2) jurisdiction of the employer by a deputy commissioner, the Board, or the Secretary, or any court under this chapter shall be jurisdiction of the carrier, and (3) any requirement by a deputy commissioner, the Board, or the Secretary, or any court under any compensation order, finding, or decision shall be binding upon the carrier in the same manner and to the same extent as upon the employer. ( Mar. 4, 1927, ch. 509,  35 44 Stat. 1441 Pub. L. 92576,  15(i) Oct. 27, 1972 86 Stat. 1262 Pub. L. 98426,  27(a)(2) Sept. 28, 1984 98 Stat. 1654  Editorial Notes Amendments 1984 Pub. L. 98426 section 902 of this title 1972 Pub. L. 92576 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98426 Sept. 28, 1984 section 28(e)(1) of Pub. L. 98426 section 901 of this title Effective Date of 1972 Amendment Amendment by Pub. L. 92576 Oct. 27, 1972 section 22 of Pub. L. 92576 section 902 of this title  936. Insurance policies (a) Every policy or contract of insurance issued under authority of this chapter shall contain (1) a provision to carry out the provisions of section 935 of this title (b) No contract or policy of insurance issued by a carrier under this chapter shall be canceled prior to the date specified in such contract or policy for its expiration until at least thirty days have elapsed after a notice of cancellation has been sent to the deputy commissioner and to the employer in accordance with the provisions of subsection (c) of section 912 of this title ( Mar. 4, 1927, ch. 509,  36 44 Stat. 1441  937. Certificate of compliance with chapter  No stevedoring firm shall be employed in any compensation district by a vessel or by hull owners until it presents to such vessel or hull owners a certificate issued by a deputy commissioner assigned to such district that it has complied with the provisions of this chapter requiring the securing of compensation to its employees. Any person violating the provisions of this section shall be punished by a fine of not more than $1,000, or by imprisonment for not more than one year, or by both such fine and imprisonment. ( Mar. 4, 1927, ch. 509,  37 44 Stat. 1442  938. Penalties (a) Failure to secure payment of compensation Any employer required to secure the payment of compensation under this chapter who fails to secure such compensation shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $10,000, or by imprisonment for not more than one year, or by both such fine and imprisonment; and in any case where such employer is a corporation, the president, secretary, and treasurer thereof shall be also severally liable to such fine or imprisonment as herein provided for the failure of such corporation to secure the payment of compensation; and such president, secretary, and treasurer shall be severally personally liable, jointly with such corporation, for any compensation or other benefit which may accrue under the said chapter in respect to any injury which may occur to any employee of such corporation while it shall so fail to secure the payment of compensation as required by section 932 of this title (b) Avoiding payment of compensation Any employer who knowingly transfers, sells, encumbers, assigns, or in any manner disposes of, conceals, secretes, or destroys any property belonging to such employer, after one of his employees has been injured within the purview of this chapter, and with intent to avoid the payment of compensation under this chapter to such employee or his dependents, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $10,000, or by imprisonment for not more than one year, or by both such fine and imprisonment; and in any case where such employer is a corporation, the president, secretary, and treasurer thereof shall be also severally liable to such penalty of imprisonment as well as jointly liable with such corporation for such fine. (c) Effect on other liability of employer This section shall not affect any other liability of the employer under this chapter. ( Mar. 4, 1927, ch. 509,  38 44 Stat. 1442 June 25, 1938, ch. 685,  14 52 Stat. 1168 Pub. L. 98426,  22 Sept. 28, 1984 98 Stat. 1653  Editorial Notes Amendments 1984Subsecs. (a), (b). Pub. L. 98426 1938Act June 25, 1938 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98426 Sept. 28, 1984 section 28(e)(1) of Pub. L. 98426 section 901 of this title  939. Administration by Secretary (a) Prescribing rules and regulations; appointing and fixing compensation of employees; making expenditures Except as otherwise specifically provided, the Secretary shall administer the provisions of this chapter, and for such purpose the Secretary is authorized (1) to make such rules and regulations; (2) to appoint and fix the compensation of such temporary technical assistants and medical advisers, and, subject to the provisions of the civil service laws, to appoint, and, in accordance with chapter 51 and subchapter III of chapter 53 of title 5, to fix the compensation of such deputy commissioners (except deputy commissioners appointed under subsection (a) of section 940 of this title 1 1 (b) Establishing compensation districts The Secretary shall establish compensation districts, to include the high seas and the areas within the United States to which this chapter applies, and shall assign to each such district one or more deputy commissioners, as the Secretary deems advisable. Judicial proceedings under sections 918 and 921 of this title in respect of any injury or death occurring on the high seas shall be instituted in the district court within whose territorial jurisdiction is located the office of the deputy commissioner having jurisdiction in respect of such injury or death (or in the United States District Court for the District of Columbia if such office is located in such District). (c) Furnishing information and assistance; directing vocational rehabilitation (1) The Secretary shall, upon request, provide persons covered by this chapter with information and assistance relating to the chapters coverage and compensation and the procedures for obtaining such compensation and including assistance in processing a claim. The Secretary may, upon request, provide persons covered by this chapter with legal assistance in processing a claim. The Secretary shall also provide employees receiving compensation information on medical, manpower, and vocational rehabilitation services and assist such employees in obtaining the best such services available. (2) The Secretary shall direct the vocational rehabilitation of permanently disabled employees and shall arrange with the appropriate public or private agencies in States or Territories, possessions, or the District of Columbia for such rehabilitation. The Secretary may in his discretion furnish such prosthetic appliances or other apparatus made necessary by an injury upon which an award has been made under this chapter to render a disabled employee fit to engage in a remunerative occupation. Where necessary rehabilitation services are not available otherwise, the Secretary of Labor may, in his discretion, use the fund provided for in section 944 of this title ( Mar. 4, 1927, ch. 509,  39 44 Stat. 1442 June 25, 1936, ch. 804 49 Stat. 1921 June 25, 1948, ch. 646,  32(b) 62 Stat. 991 May 24, 1949, ch. 139,  127 63 Stat. 107 Oct. 28, 1949, ch. 782 63 Stat. 972 July 26, 1956, ch. 735,  7 70 Stat. 656 Pub. L. 92576,  17 Oct. 27, 1972 86 Stat. 1262 Pub. L. 98426,  27(a)(2) Sept. 28, 1984 98 Stat. 1654  Editorial Notes  References in Text Section 945 of this title Pub. L. 98426,  25 Sept. 28, 1984 98 Stat. 1654 section 944 of this title Codification In subsec. (a) chapter 51 and subchapter III of chapter 53 of title 5 substituted for the Classification Act of 1949, as amended on authority of Pub. L. 89554,  7(b) Sept. 6, 1966 80 Stat. 631 As originally enacted, subsec. (b) contained a reference to the Supreme Court of the District of Columbia. Act June 25, 1936 June 25, 1948 May 24, 1949 Former second sentence of subsec. (c), providing that the Federal Board for Vocational Education should cooperate with the Employees Compensation Commission in such educational work has been omitted. The functions of the Board were transferred to the Department of the Interior by Ex. Ord. No. 6166,  15, June 10, 1933 July 1, 1939 53 Stat. 1424 Amendments 1984Subsec. (a). Pub. L. 98426,  27(c) section 902 of this title Subsecs. (b), (c)(2). Pub. L. 98426,  27(a)(2) section 902 of this title 1972Subsec. (c). Pub. L. 92576 1956Subsec. (c). Act July 26, 1956 section 944 of this title 1949Subsec. (a). Act Oct. 28, 1949 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98426 Sept. 28, 1984 section 28(e)(1) of Pub. L. 98426 section 901 of this title Effective Date of 1972 Amendment Amendment by Pub. L. 92576 Oct. 27, 1972 section 22 of Pub. L. 92576 section 902 of this title Repeals Act Oct. 28, 1949, ch. 782 Pub. L. 89554 Sept. 6, 1966 80 Stat. 632  940. Deputy commissioners (a) Appointment; use of personnel and facilities of boards, commissions, or other agencies; expenses and salaries The Secretary may appoint as deputy commissioners any member of any board, commission, or other agency of a State to act as deputy commissioner for any compensation district or part thereof in such State, and may make arrangements with such board, commission, or other agency for the use of the personnel and facilities thereof in the administration of this chapter. The Secretary may make such arrangements as may be deemed advisable by him for the payment of expenses of such board, commission, or other agency, incurred in the administration of this chapter pursuant to this section, and for the payment of salaries to such board, commission, or other agency, or the members thereof, and may pay any amounts agreed upon to the proper officers of the State, upon vouchers approved by the Secretary. (b) Appointment in Territories and District of Columbia; compensation In any Territory of the United States or in the District of Columbia a person holding an office under the United States may be appointed deputy commissioner and for services rendered as deputy commissioner may be paid compensation, in addition to that he is receiving from the United States, in an amount fixed by the Secretary in accordance with chapter 51 and subchapter III of chapter 53 of title 5. (c) Transfers to other districts; temporary details Deputy commissioners (except deputy commissioners appointed under subsection (a) of this section) may be transferred from one compensation district to another and may be temporarily detailed from one compensation district for service in another in the discretion of the Secretary. (d) Maintaining offices Each deputy commissioner shall maintain and keep open during reasonable business hours an office, at a place designated by the Secretary, for the transaction of business under this chapter, at which office he shall keep his official records and papers. Such office shall be furnished and equipped by the Secretary, who shall also furnish the deputy commissioner with all necessary clerical and other assistants, records, books, blanks, and supplies. Wherever practicable such office shall be located in a building owned or leased by the United States; otherwise the Secretary shall rent suitable quarters. (e) Records and papers If any deputy commissioner is removed from office, or for any reason ceases to act as such deputy commissioner, all of his official records and papers and office equipment shall be transferred to his successor in office or, if there be no successor, then to the Secretary or to a deputy commissioner designated by the Secretary. (f) Conflict of interest Neither a deputy commissioner or Board member nor any business associate of a deputy commissioner or Board member shall appear as attorney in any proceeding under this chapter, and no deputy commissioner or Board member shall act in any such case in which he is interested, or when he is employed by any party in interest or related to any party in interest by consanguinity or affinity within the third degree, as determined by the common law. ( Mar. 4, 1927, ch. 509,  40 44 Stat. 1443 Oct. 28, 1949, ch. 782 63 Stat. 972 Pub. L. 92576,  15(j) Oct. 27, 1972 86 Stat. 1262 Pub. L. 98426,  27(a)(2) Sept. 28, 1984 98 Stat. 1654  Editorial Notes Codification In subsec. (b) chapter 51 and subchapter III of chapter 53 of title 5 substituted for the Classification Act of 1949, as amended on authority of Pub. L. 89554,  7(b) Sept. 6, 1966 80 Stat. 631 Amendments 1984Subsecs. (a) to (e). Pub. L. 98426 section 902 of this title 1972Subsec. (f). Pub. L. 92576 1949Subsec. (b). Act Oct. 28, 1949 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98426 Sept. 28, 1984 section 28(e)(1) of Pub. L. 98426 section 901 of this title Effective Date of 1972 Amendment Amendment by Pub. L. 92576 Oct. 27, 1972 section 22 of Pub. L. 92576 section 902 of this title Repeals Act Oct. 28, 1949, ch. 782 Pub. L. 89554 Sept. 6, 1966 80 Stat. 632  Transfer of Functions For transfer of functions to the Secretary of Labor, see note set out under section 902 of this title  941. Safety rules and regulations (a) Safe place of employment; installation of safety devices and safeguards Every employer shall furnish and maintain employment and places of employment which shall be reasonably safe for his employees in all employments covered by this chapter and shall install, furnish, maintain, and use such devices and safeguards with particular reference to equipment used by and working conditions established by such employers as the Secretary may determine by regulation or order to be reasonably necessary to protect the life, health, and safety of such employees, and to render safe such employment and places of employment, and to prevent injury to his employees. However, the Secretary may not make determinations by regulation or order under this section as to matters within the scope of title 52 of the Revised Statutes and Acts supplementary or amendatory thereto, the Act of June 15, 1917 40 Stat. 220 section 1333(e) of title 43 (b) Studies and investigations by Secretary The Secretary, in enforcing and administering the provisions of this section, is authorized in addition to such other powers and duties as are conferred upon him (1) to make studies and investigations with respect to safety provisions and the causes and prevention of injuries in employments covered by this chapter, and in making such studies and investigations to cooperate with any agency of the United States or with any State agency engaged in similar work; (2) to utilize the services of any agency of the United States or any State agency engaged in similar work (with the consent of such agency) in connection with the administration of this section; (3) to promote uniformity in safety standards in employments covered by this chapter through cooperative action with any agency of the United States or with any State agency engaged in similar work; (4) to provide for the establishment and supervision of programs for the education and training of employers and employees in the recognition, avoidance, and prevention of unsafe working conditions in employments covered by this chapter, and to consult with and advise employers as to the best means of preventing injuries; (5) to hold such hearings, issue such orders, and make such decisions, based upon findings of fact, as are deemed to be necessary to enforce the provisions of this section, and for such purposes the Secretary and the district courts shall have the authority and jurisdiction provided by subsections (b) to (f) of section 6507 of title 41 section 921a of this title (c) Inspection of places and practices of employment The Secretary or his authorized representative may inspect such places of employment, question such employees, and investigate such conditions, practices, or matters in connection with employment subject to this chapter, as he may deem appropriate to determine whether any person has violated any provision of this section, or any rule or regulation issued thereunder, or which may aid in the enforcement of the provisions of this section. No employer or other person shall refuse to admit the Secretary or his authorized representatives to any such place or shall refuse to permit any such inspection. (d) Requests for advice; variations from safety rules and regulations Any employer may request the advice of the Secretary or his authorized representative, in complying with the requirements of any rule or regulation adopted to carry out the provisions of this section. In case of practical difficulties or unnecessary hardships, the Secretary in his discretion may grant variations from any such rule or regulation, or particular provisions thereof, and permit the use of other or different devices if he finds that the purpose of the rule or regulation will be observed by the variation and the safety of employees will be equally secured thereby. Any person affected by such rule or regulation, or his agent, may request the Secretary to grant such variation, stating in writing the grounds on which his request is based. Any authorization by the Secretary of a variation shall be in writing, shall describe the conditions under which the variation shall be permitted, and shall be published as provided in section 552 of title 5 (e) Jurisdiction to restrain violations The United States district courts shall have jurisdiction for cause shown, in any action brought by the Secretary, represented as provided in section 921a of this title (f) Violations and penalties Any employer who, willfully, violates or fails or refuses to comply with the provisions of subsection (a) of this section, or with any lawful rule, regulation, or order adopted to carry out the provisions of this section, and any employer or other person who willfully interferes with, hinders, or delays the Secretary or his authorized representative in carrying out his duties under subsection (c) of this section by refusing to admit the Secretary or his authorized representative to any place, or to permit the inspection or examination of any employment or place of employment, or who willfully hinders or delays the Secretary or his authorized representative in the performance of his duties in the enforcement of this section, shall be guilty of an offense, and, upon conviction thereof, shall be punished for each offense by a fine of not less than $100 nor more than $3,000; and in any case where such employer is a corporation, the officer who willfully permits any such violation to occur shall be guilty of an offense, and, upon conviction thereof, shall be punished also for each offense by a fine of not less than $100 nor more than $3,000. The liability hereunder shall not affect any other liability of the employer under this chapter. (g) Inapplicability to certain employments (1) The provisions of this section shall not apply in the case of any employment relating to the operations for the exploration, production, or transportation by pipeline of mineral resources upon the navigable waters of the United States, nor under the authority of the Act of August 7, 1953 67 Stat. 462 43 U.S.C. 1331 May 22, 1953 67 Stat. 29 43 U.S.C. 1301 May 17, 1928 45 Stat. 600 August 16, 1941 55 Stat. 622 42 U.S.C. 1651 (2) The provisions of this section, with the exception of paragraph (1) of subsection (b), shall not be applied under the authority of subchapter I of chapter 81 of title 5. ( Mar. 4, 1927, ch. 509,  41 44 Stat. 1444 Pub. L. 85742,  1 Aug. 23, 1958 72 Stat. 835 Pub. L. 97375, title I,  110(b) Dec. 21, 1982 96 Stat. 1820  Editorial Notes  References in Text Title 52 of the Revised Statutes, referred to in subsec. (a), consisted of R.S.  4399 to 4500, which were classified to sections 170, 214, 215, 222, 224, 224a, 226, 228, 229, 230 to 234, 239, 240, 361, 362, 364, 371 to 373, 375 to 382, 384, 385, 391, 391a, 392 to 394, 399 to 404, 405 to 416, 435 to 440, 451 to 453, 460, 461 to 463, 464, 466, 467 to 482, and 489 to 498 of former Title 46, Shipping. For complete classification of R.S.  4399 to 4500 to the Code, see Tables. A majority of such sections of the Revised Statutes were repealed and various provisions thereof were reenacted in Title 46, Shipping, by Pub. L. 9889 Aug. 26, 1983 97 Stat. 500 section 101 of Title 46 Act of June 15, 1917 act June 15, 1917, ch. 30 40 Stat. 217 Act of August 7, 1953 section 1301 of Title 43 Act of May 22, 1953 section 1301 of Title 43 Act of May 17, 1928 Act of August 16, 1941 section 1651 of Title 42 Codification In subsec. (b)(5), subsections (b) to (f) of section 6507 of title 41 section 5 of the Act of June 30, 1936 49 Stat. 2036 Pub. L. 111350,  6(c) Jan. 4, 2011 124 Stat. 3854 In subsec. (d)  section 552 of title 5 60 Stat. 237 September 7, 1916 39 Stat. 742 Pub. L. 89554,  7(b) Sept. 6, 1966 80 Stat. 631 Sept. 7, 1916 As originally enacted, subsec. (e) contained the phrase , together with the District Court for the Territory of Alaska, following the United States district courts. The phrase has been deleted as superfluous in view of Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48 section 81A of Title 28 section 132 of Title 28 There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district. Amendments 1982Subsec. (b)(1). Pub. L. 97375 1958 Pub. L. 85742 Statutory Notes and Related Subsidiaries  Secretary Defined Pub. L. 85742,  2 Aug. 23, 1958 72 Stat. 837 The term Secretary as used in this Act and in amendments made by this Act [to this section] means the Secretary of Labor.  942. Annual report  The Secretary shall make to Congress at the end of each fiscal year, 1 1 section 944 of this title section 936(b) of title 30 ( Mar. 4, 1927, ch. 509,  42 Pub. L. 98426,  23 Sept. 28, 1984 98 Stat. 1653 Pub. L. 10466, title I,  1102(b)(1) Dec. 21, 1995 109 Stat. 722  Editorial Notes Prior Provisions A prior section 942, act Mar. 4, 1927, ch. 509,  42 44 Stat. 1444 Amendments 1995 Pub. L. 10466 September 28, 1984 section 936(b) of title 30 Statutory Notes and Related Subsidiaries Effective Date Section effective Sept. 28, 1984 section 28(e)(1) of Pub. L. 98426 section 901 of this title  943. Repealed. Pub. L. 89348,  1(15) Nov. 8, 1965 79 Stat. 1311   Section, act Mar. 4, 1927, ch. 509,  43 44 Stat. 1444  944. Special fund (a) Establishment; administration; custody, trust There is established in the Treasury of the United States a special fund. Such fund shall be administered by the Secretary. The Treasurer of the United States shall be the custodian of such fund, and all moneys and securities in such fund shall be held in trust by such Treasurer and shall not be money or property of the United States. (b) Disbursements; bond of custodian The Treasurer is authorized to disburse moneys from such fund only upon order of the Secretary. He shall be required to give bond in an amount to be fixed and with securities to be approved by the Secretary of the Treasury and the Comptroller General of the United States conditioned upon the faithful performance of his duty as custodian of such fund. (c) Payments into fund Payments into such fund shall be made as follows: (1) Whenever the Secretary determines that there is no person entitled under this chapter to compensation for the death of an employee which would otherwise be compensable under this chapter, the appropriate employer shall pay $5,000 as compensation for the death of such an employee. (2) At the beginning of each calendar year the Secretary shall estimate the probable expenses of the fund during that calendar year and the amount of payments required (and the schedule therefor) to maintain adequate reserves in the fund. Each carrier and self-insurer shall make payments into the fund on a prorated assessment by the Secretary determined by (A) computing the ratio (expressed as a percent) of (i) the carriers or self-insureds workers compensation payments under this chapter during the preceding calendar year, to (ii) the total of such payments by all carriers and self-insureds under this chapter during such year; (B) computing the ratio (expressed as a percent) of (i) the payments under section 908(f) of this title (C) dividing the sum of the percentages computed under subparagraphs (A) and (B) for the carrier or self-insured by two; and (D) multiplying the percent computed under subparagraph (C) by such probable expenses of the fund (as determined under the first sentence of this paragraph). (3) All amounts collected as fines and penalties under the provisions of this chapter shall be paid into such fund. (d) Investigations; records, availability; recordkeeping; provisions of sections 49 and 50 of title 15 applicable to Secretary (1) For the purpose of making rules, regulations, and determinations under this section under and for providing enforcement thereof, the Secretary may investigate and gather appropriate data from each carrier and self-insurer. For that purpose, the Secretary may enter and inspect such places and records (and make such transcriptions thereof), question such employees, and investigate such facts, conditions, practices, or matters as he may deem necessary or appropriate. (2) Each carrier and self-insurer shall make, keep, and preserve such records, and make such reports and provide such additional information, as prescribed by regulation or order of the Secretary, as the Secretary deems necessary or appropriate to carry out his responsibilities under this section. (3) For the purpose of any hearing or investigation related to determinations or the enforcement of the provisions of this section, the provisions of sections 49 and 50 of title 15 (relating to the attendance of witnesses and the production of books, papers, and documents) are hereby made applicable to the jurisdiction, powers, and duties of the Secretary of Labor. (e) Depositories; investments The Treasurer of the United States shall deposit any moneys paid into such fund into such depository banks as the Secretary may designate and may invest any portion of the funds which, in the opinion of the Secretary, is not needed for current requirements, in bonds or notes of the United States or of any Federal land bank. (f) Limitation of liability Neither the United States nor the Secretary shall be liable in respect of payments authorized under section 908 of this title (g) Audit by Comptroller General; finality of payment determinations; credits of disbursing officers The Comptroller General of the United States shall audit the account for such fund, but the action of the Secretary in making payments from such fund shall be final and not subject to review, and the Comptroller General is authorized and directed to allow credit in the accounts of any disbursing officer of the Secretary for payments made from such fund authorized by the Secretary. (h) Civil actions for civil penalties and unpaid assessments All civil penalties and unpaid assessments provided for in this chapter shall be collected by civil suit brought by the Secretary. (i) Proceeds available for certain payments The proceeds of this fund shall be available for payments: (1) Pursuant to sections 1 1 (2) Under section 908(f) and (g), under section 918(b), and under section 939(c) of this title (3) To repay the sums deposited in the fund pursuant to subsection (d). (4) To defray the expense of making examinations as provided in section 907(e) of this title (j) Audit to Congress The fund shall be audited annually and the results of such audit shall be included in the annual report required by section 942 of this title ( Mar. 4, 1927, ch. 509,  44 44 Stat. 1444 July 26, 1956, ch. 735,  8 70 Stat. 656 Pub. L. 92576,  8 Oct. 27, 1972 86 Stat. 1256 Pub. L. 98426 Sept. 28, 1984 98 Stat. 1653  Editorial Notes Amendments 1984Subsecs. (a), (b). Pub. L. 98426,  27(a)(2) section 902 of this title Subsec. (c)(2). Pub. L. 98426,  24(a) section 908(f) of this title Subsec. (e). Pub. L. 98426,  24(b) Pub. L. 98426,  27(a)(2) section 902 of this title Subsec. (f). Pub. L. 98426,  24(b) Pub. L. 98426,  27(a)(2) section 902 of this title Subsec. (g). Pub. L. 98426,  24(b) Pub. L. 98426,  27(a)(2) section 902 of this title Subsec. (h). Pub. L. 98426,  24(b) Pub. L. 98426,  24(c) Pub. L. 98426,  27(a)(2) section 902 of this title Subsec. (i). Pub. L. 98426,  24(b) Subsec. (i)(1). Pub. L. 98426,  24(d)(1) Subsec. (i)(4). Pub. L. 98426,  24(d)(2) Subsec. (j). Pub. L. 98426,  24(b) Pub. L. 98426,  24(e) section 942 of this title Subsec. (k). Pub. L. 98426,  24(b) 1972Subsec. (a). Pub. L. 92576,  8(a) section 939 of this title Subsec. (c)(1). Pub. L. 92576,  8(b) Subsec. (c)(2), (3). Pub. L. 92576,  8(b) Subsec. (d). Pub. L. 92576,  8(b) Subsec. (e). Pub. L. 92576,  8(b) Subsecs. (f) to (i). Pub. L. 92576,  8(b) Subsec. (j). Pub. L. 92576,  8(d) Subsec. (k). Pub. L. 92576,  8(d) 1956Subsec. (a). Act July 26, 1956 section 918 of this title section 939 of this title Subsec. (c)(1). Act July 26, 1956 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98426 Sept. 28, 1984 section 28(e)(1) of Pub. L. 98426 section 901 of this title Effective Date of 1972 Amendment Amendment by Pub. L. 92576 Oct. 27, 1972 section 22 of Pub. L. 92576 section 902 of this title Executive Documents  Transfer of Functions For transfer of functions of other officers, employees, and agencies of Department of the Treasury, with certain exceptions, to Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950,  1, 2, eff. July 31, 1950 64 Stat. 1280  945 to 947. Repealed. Pub. L. 98426,  25 Sept. 28, 1984 98 Stat. 1654   Section 945, act Mar. 4, 1927, ch. 509,  45 44 Stat. 1445 section 944 of this title  Section 946, act Mar. 4, 1927, ch. 509,  46 44 Stat. 1445 June 30, 1927 June 30, 1928  Section 947, act Mar. 4, 1927, ch. 509,  47 44 Stat. 1445 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Sept. 28, 1984 section 28(e)(1) of Pub. L. 98426 section 901 of this title  948. Laws inapplicable  Nothing in sections 4283, 4284, 4285, 4286, or 4289 of the Revised Statutes, as amended, nor in section 18 of the Act entitled An act to remove certain burdens on the American merchant marine and encourage the American foreign carrying trade, and for other purposes, approved June 26, 1884 ( Mar. 4, 1927, ch. 509,  48 44 Stat. 1446  Editorial Notes  References in Text Sections 4283, 4284, 4285, 4286, and 4289 of the Revised Statutes, referred to in text, were classified to sections 183, 184, 185, 186, and 188, respectively, of the former Appendix to Title 46, Shipping, and were repealed and restated in chapter 305 of Title 46, Shipping, by Pub. L. 109304 Oct. 6, 2006 120 Stat. 1509 section 101 of Title 46 Section 18 of the Act entitled An act to remove certain burdens on the American merchant marine and encourage the American foreign carrying trade, and for other purposes, approved June 26, 1884 act June 26, 1884, ch. 121 23 Stat. 57 section 30505 of Title 46 Pub. L. 109304 Oct. 6, 2006 120 Stat. 1509 Section 30505 of Title 46 section 30523 of Title 46 Pub. L. 117263, div. K, title CXV,  11503(a)(3) Dec. 23, 2022 136 Stat. 4130  948a. Discrimination against employees who bring proceedings; penalties; deposit of payments in special fund; civil actions; entitlement to restoration of employment and compensation, qualifications requirement; liability of employer for penalties and payments; insurance policy exemption from liability  It shall be unlawful for any employer or his duly authorized agent to discharge or in any other manner discriminate against an employee as to his employment because such employee has claimed or attempted to claim compensation from such employer, or because he has testified or is about to testify in a proceeding under this chapter. The discharge or refusal to employ a person who has been adjudicated to have filed a fraudulent claim for compensation is not a violation of this section. Any employer who violates this section shall be liable to a penalty of not less than $1,000 or more than $5,000, as may be determined by the deputy commissioner. All such penalties shall be paid to the deputy commissioner for deposit in the special fund as described in section 944 of this title Provided ( Mar. 4, 1927, ch. 509,  49 Pub. L. 92576,  19 Oct. 27, 1972 86 Stat. 1263 Pub. L. 98426,  26 Sept. 28, 1984 98 Stat. 1654  Editorial Notes Amendments 1984 Pub. L. 98426 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98426 Sept. 28, 1984 section 28(e)(1) of Pub. L. 98426 section 901 of this title Effective Date Section effective 30 days after Oct. 27, 1972 section 22 of Pub. L. 92576 section 902 of this title  949. Effect of unconstitutionality  If any part of this chapter is adjudged unconstitutional by the courts, and such adjudication has the effect of invalidating any payment of compensation under this chapter, the period intervening between the time the injury was sustained and the time of such adjudication shall not be computed as a part of the time prescribed by law for the commencement of any action against the employer in respect of such injury; but the amount of any compensation paid under this chapter on account of such injury shall be deducted from the amount of damages awarded in such action in respect of such injury. ( Mar. 4, 1927, ch. 509,  50 44 Stat. 1446 Pub. L. 92576,  19 Oct. 27, 1972 86 Stat. 1263  950. Separability  If any provision of this chapter is declared unconstitutional or the applicability thereof to any person or circumstances is held invalid, the validity of the remainder of the chapter and the applicability of such provision to other persons and circumstances shall not be affected thereby. ( Mar. 4, 1927, ch. 509,  51 44 Stat. 1446 Pub. L. 92576,  19 Oct. 27, 1972 86 Stat. 1263 CHAPTER 19 SAINT LAWRENCE SEAWAY    Sec.  981. Creation of Corporation.  982. Management of Corporation; appointment of Administrator; terms; vacancy; Advisory Board; establishment; membership; meetings; duties; compensation and expenses  983. Functions of Corporation.  984. General powers of Corporation.  984a. Repealed.  985. Bonds; issuance; maturity; redemption; interest; purchase of obligations by Secretary of the Treasury.  985a. Cancellation of bonds issued under section 985.  986. Payments to States and local governments in lieu of taxes; tax exemption of Corporation.  987. Services and facilities of other agencies.  988. Rates of charges or tolls.  988a. Waiver of collection of charges or tolls.  989. Special reports.  990. Offenses and penalties.  981. Creation of Corporation  There is hereby created, subject to the direction and supervision of the Secretary of Transportation, a body corporate to be known as the Great Lakes St. Lawrence Seaway Development Corporation (hereinafter referred to as the Corporation). ( May 13, 1954, ch. 201,  1 68 Stat. 93 Pub. L. 89670,  8(g)(1) Oct. 15, 1966 80 Stat. 943 Pub. L. 116260, div. AA, title V,  512(a)(1) Dec. 27, 2020 134 Stat. 2756  Editorial Notes Amendments 2020 Pub. L. 116260 1966 Pub. L. 89670 Statutory Notes and Related Subsidiaries Effective Date of 1966 Amendment Amendment by Pub. L. 89670 Apr. 1, 1967 Pub. L. 89670 Mar. 30, 1967 Separability Section 11 of act May 13, 1954 If any provision of this Act [enacting this chapter and amending section 846 of Title 31 References to Saint Lawrence Seaway Development Corporation Pub. L. 116260, div. AA, title V,  512(b) Dec. 27, 2020 134 Stat. 2756 Any reference to the Saint Lawrence Seaway Development Corporation in any law, regulation, document, record, Executive order, or other paper of the United States shall be deemed to be a reference to the Great Lakes St. Lawrence Seaway Development Corporation. Administrator To Report Directly to Secretary of Transportation Pub. L. 89670,  8(g)(2) Pub. L. 89670 Pub. L. 97449,  7(b) Jan. 12, 1983 96 Stat. 2444 Jan. 12, 1983 Executive Documents  Executive Order No. 10534 Ex. Ord. No. 10534, June 9, 1954 June 23, 1958 Nov. 28, 1967  982. Management of Corporation; appointment of Administrator; terms; vacancy; Advisory Board; establishment; membership; meetings; duties; compensation and expenses (a) The management of the corporation shall be vested in an Administrator who shall be appointed by the President. Any Administrator appointed to fill a vacancy in that position prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. (b) There is established the Advisory Board of the Great Lakes St. Lawrence Seaway Development Corporation which shall be composed of five members appointed by the President, by and with the advice and consent of the Senate, not more than three of whom shall belong to the same political party. The Advisory Board shall meet at the call of the Administrator, who shall require it to meet not less often than once each ninety days; shall review the general policies of the Corporation, including its policies in connection with design and construction of facilities and the establishment of rules of measurement for vessels and cargo and rates of charges or tolls; and shall advise the Administrator with respect thereto. Members of the Advisory Board shall receive for their services as members compensation of not to exceed $50 per diem when actually engaged in the performance of their duties, together with their necessary traveling expenses while going to and coming from meetings. ( May 13, 1954, ch. 201,  2 68 Stat. 93 Pub. L. 93615,  1 Jan. 2, 1975 88 Stat. 1977 Pub. L. 112166,  2(x) Aug. 10, 2012 126 Stat. 1289 Pub. L. 116260, div. AA, title V,  512(a)(2) Dec. 27, 2020 134 Stat. 2756  Editorial Notes Amendments 2020Subsec. (b). Pub. L. 116260 2012Subsec. (a). Pub. L. 112166 1975Subsec. (a). Pub. L. 93615,  1(a) Subsecs. (b), (c). Pub. L. 93615,  1(b) Statutory Notes and Related Subsidiaries Effective Date of 2012 Amendment Amendment by Pub. L. 112166 Aug. 10, 2012 section 6(a) of Pub. L. 112166 section 113 of Title 6 Effective Date of 1975 Amendment Pub. L. 93615,  2 Jan. 2, 1975 88 Stat. 1977 The amendments made to section 2 of the Act of May 13, 1954 Jan. 2, 1975 Termination of Advisory Boards Advisory boards in existence on Jan. 5, 1973 Jan. 5, 1973  983. Functions of Corporation (a) Construction of deep-water navigation works in Saint Lawrence River; conditions precedent The Corporation is authorized and directed to construct, in United States territory, deep-water navigation works substantially in accordance with the Controlled single stage project, 238242 (with a controlling depth of twenty-seven feet in channels and canals and locks at least eight hundred feet long, eighty feet wide, and thirty feet over the sills), designated as works solely for navigation in the joint report dated January 3, 1941 December 21, 1951 Provided (1) the Saint Lawrence Seaway Authority of Canada, provides assurances satisfactory to the Corporation that it will complete the Canadian portions of the navigation works authorized by section 10, chapter 24 of the acts of the fifth session of the Twenty-first Parliament of Canada 1516, George VI, 1951, as nearly as possible concurrently with the completion of the works authorized by this section; (2) the Corporation has received assurances satisfactory to it that the State of New York, or an entity duly designated by it, or other licensee of the Federal Energy Regulatory Commission, in conjunction with an appropriate agency in Canada, as nearly as possible concurrently with the navigation works herein authorized, will construct and complete the dams and power works approved by the International Joint Commission in its order of October 29, 1952 (b) Coordination of activities regarding power projects The Corporation shall make necessary arrangements to assure the coordination of its activities with those of the Saint Lawrence Seaway Authority of Canada and the entity designated by the State of New York, or other licensee of the Federal Energy Regulatory Commission, authorized to construct and operate the dams and power works authorized by the International Joint Commission in its order of October 29, 1952 ( May 13, 1954, ch. 201,  3 68 Stat. 93 Pub. L. 9591, title IV,  402(a)(1)(A) Aug. 4, 1977 91 Stat. 583  Statutory Notes and Related Subsidiaries  Transfer of Functions Federal Energy Regulatory Commission substituted for Federal Power Commission in subsecs. (a)(2) and (b), on authority of Pub. L. 9591, title IV,  402(a)(1)(A) Aug. 4, 1977 91 Stat. 583 section 7172(a)(1)(A) of Title 42  984. General powers of Corporation (a) For the purpose of carrying out its functions under this chapter the Corporation (1) shall have succession in its corporate name; (2) may adopt and use a corporate seal, which shall be judicially noticed; (3) may sue and be sued in its corporate name; (4) may adopt, amend, and repeal bylaws, rules, and regulations governing the manner in which its business may be conducted and the powers vested in it may be exercised; (5) may make and carry out such contracts or agreements as are necessary or advisable in the conduct of its business; (6) shall be held to be an inhabitant and resident of the northern judicial district of New York within the meaning of the laws of the United States relating to venue of civil suits; (7) may appoint and fix the compensation, in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of title 5, of such officers, attorneys, and employees as may be necessary for the conduct of its business, define their authority and duties, and delegate to them such of the powers vested in the Corporation as the Administrator may determine; (8) may acquire, by purchase, lease, condemnation, or donation such real and personal property and any interest therein, and may sell, lease, or otherwise dispose of such real and personal property, as the Administrator deems necessary for the conduct of its business; (9) shall determine the character of and the necessity for its obligations and expenditures, and the manner in which they shall be incurred, allowed and paid, subject to provisions of law specifically applicable to Government corporations; (10) may retain toll revenues for purposes of eventual reinvestment in the Seaway. 1 1 (11) may provide services and facilities necessary in the maintenance and operation of the seaway, including but not limited to providing, at reasonable prices, services to vessels using the seaway and to visitors to the seaway, but not to include overnight housing accommodations for visitors; (12) may participate with the Saint Lawrence Seaway Authority of Canada, or its designee, in the ownership and operation of a toll bridge company: Provided (13)  2 2 3 3 Pub. L. 97369 (13)  2 section 9505(c)(1) of title 26 section 983 of this title (b) Amounts credited under subsection (a)(12) 3 3 ( May 13, 1954, ch. 201,  4 68 Stat. 94 Pub. L. 85108,  1(1) July 17, 1957 71 Stat. 307 Pub. L. 92310, title II,  232 June 6, 1972 86 Stat. 214 Pub. L. 97369, title III,  311 Dec. 18, 1982 96 Stat. 1783 Pub. L. 99662, title XIV,  805(a)(1) Nov. 17, 1986 100 Stat. 4272  Editorial Notes Codification In subsec. (a)(7), chapter 51 and subchapter III of chapter 53 of title 5 substituted for the Classification Act of 1949 on authority of Pub. L. 89554,  7(b) Sept. 6, 1966 80 Stat. 631 Amendments 1986Subsec. (a)(13). Pub. L. 99662 section 9505(c) of title 26 1982Subsec. (a)(10) to (13). Pub. L. 97369 1972Subsec. (a)(7). Pub. L. 92310 1957Subsecs. (a)(10) to (12), (b). Pub. L. 85108 Statutory Notes and Related Subsidiaries Effective Date of 1986 Amendment Pub. L. 99662, title XIV,  805(b) Nov. 17, 1986 100 Stat. 4272 The amendments made by this section [enacting section 988a of this title April 1, 1987  984a. Repealed. June 28, 1955, ch. 189,  12(c)(11) 69 Stat. 181   Section, act Aug. 26, 1954, ch. 935 68 Stat. 818  985. Bonds; issuance; maturity; redemption; interest; purchase of obligations by Secretary of the Treasury (a) To finance its activities, the Corporation may issue revenue bonds payable from corporate revenue to the Secretary of the Treasury. The total face value of all bonds so issued shall not be greater than $140,000,000. Not more than fifty per centum of the bonds may be issued during any one year. Such obligations shall have maturities agreed upon by the Corporation and the Secretary of the Treasury, not in excess of fifty years. Such obligations may be redeemable at the option of the Corporation before maturity in such manner as may be stipulated in such obligations, but the obligations thus redeemed shall not be refinanced by the Corporation. The Secretary of the Treasury is authorized and directed to purchase any obligations of the Corporation to be issued hereunder and for such purpose the Secretary of the Treasury is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31, and the purposes for which securities may be issued under chapter 31 of title 31 are extended to include any purchases of the Corporations obligations hereunder. (b) Effective as of October 21, 1970 ( May 13, 1954, ch. 201,  5 68 Stat. 94 Pub. L. 85108,  1(4) July 17, 1957 71 Stat. 307 Pub. L. 91469,  43(a) Oct. 21, 1970 84 Stat. 1038  Editorial Notes Codification In subsec. (a), chapter 31 of title 31 substituted for the Second Liberty Bond Act, as amended on authority of Pub. L. 97258,  4(b) Sept. 13, 1982 96 Stat. 1067 Amendments 1970Subsec. (a). Pub. L. 91469,  43(a)(1) June 30, 1960 Subsec. (b). Pub. L. 91469,  43(a)(2) 1957 Pub. L. 85108  985a. Cancellation of bonds issued under section 985  Notwithstanding any other provision of law, any bond issued under section 985 of this title ( Pub. L. 97369, title III,  311 Dec. 18, 1982 96 Stat. 1782  Editorial Notes Codification Section was enacted as part of the Department of Transportation and Related Agencies Appropriations Act, 1983, and not as part of act May 13, 1954, ch. 201 68 Stat. 903 Section consists of a part of section 311 of Pub. L. 97369 section 311 of Pub. L. 97369  986. Payments to States and local governments in lieu of taxes; tax exemption of Corporation  The Corporation is authorized to make payments to State and local governments in lieu of property taxes upon property which was subject to State and local taxation before acquisition by the Corporation. Such payments may be in the amounts, at the times, and upon the terms the Corporation deems appropriate, but the Corporation shall be guided by the policy of making payments not in excess of the taxes which would have been payable for such property in the condition in which it was acquired, except in cases where special burdens are placed upon the State or local government by the activities of the Corporation or its agents. The Corporation, its property, franchises, and income are expressly exempted from taxation in any manner or form by any State, county, municipality, or any subdivision thereof, but such exemption shall not extend to contractors for the Corporation. ( May 13, 1954, ch. 201,  7 68 Stat. 95  987. Services and facilities of other agencies (a) Utilization of personnel, services, facilities, and information The Corporation may, with the consent of the agency concerned, accept and utilize, on a reimbursable basis, the officers, employees, services, facilities, and information of any agency of the Federal Government, except that any such agency having custody of any data relating to any of the matters within the jurisdiction of the Corporation shall, upon request of the Administrator, make such data available to the Corporation without reimbursement. (b) Contributions to retirement and disability, and employees compensation, funds; payment of costs The Corporation shall contribute to the civil-service retirement and disability fund, on the basis of annual billings as determined by the Director of the Office of Personnel Management, for the Governments share of the cost of the civil-service retirement system applicable to the Corporations employees and their beneficiaries. The Corporation shall also contribute to the employees compensation fund, on the basis of annual billings as determined by the Secretary of Labor, for the benefit payments made from such fund on account of the Corporations employees. The annual billings shall also include a statement of the fair portion of the cost of the administration of the respective funds, which shall be paid by the Corporation into the Treasury as miscellaneous receipts. ( May 13, 1954, ch. 201,  8 68 Stat. 95 Jan. 1, 1979 92 Stat. 3783  Executive Documents  Transfer of Functions Director of the Office of Personnel Management substituted for Civil Service Commission and Commission in subsec. (b) pursuant to Reorg. Plan No. 2 of 1978,  102, 43 F.R. 36037, 92 Stat. 3783 section 1101 of Title 5 Jan. 1, 1979 Dec. 28, 1978 section 1101 of Title 5  988. Rates of charges or tolls (a) Negotiation with Canadian authorities; revenue sharing formula; consideration of American financing costs, including interest and debt principal; rules of measurement; hearings and rehearings; approval by President; court review The Corporation is further authorized and directed to negotiate with the Saint Lawrence Seaway Authority of Canada, or such other agency as may be designated by the Government of Canada, an agreement as to the rules for the measurement of vessels and cargoes and the rates of charges or tolls to be levied for the use of the Saint Lawrence Seaway, and for an equitable division of the revenues of the seaway between the Corporation and the Saint Lawrence Seaway Authority of Canada. Any formula for a division of revenues which takes into consideration annual debt charges shall include the total cost, including both interest and debt principal, incurred by the United States in financing activities authorized by this chapter, whether or not reimbursable by the Corporation. Such rules for the measurement of vessels and cargoes and rates of charges or tolls shall, to the extent practicable, be established or changed only after giving due notice and holding a public hearing. In the event that such negotiations shall not result in agreement, the Corporation is authorized and directed to establish unilaterally such rules of measurement and rates of charges or tolls for the use of the works under its administration: Provided, however l (b) Principles governing establishment of rates In the course of its negotiations, or in the establishment, unilaterally, of the rates of charges or tolls as provided in subsection (a), the Corporation shall be guided by the following principles: (1) That the rates shall be fair and equitable and shall give due consideration to encouragement of increased utilization of the navigation facilities, and to the special character of bulk agricultural, mineral, and other raw materials. (2) That rates shall vary according to the character of cargo with the view that each classification of cargo shall so far as practicable derive relative benefits from the use of these facilities. (3) That the rates on vessels in ballast without passengers or cargo may be less than the rates for vessels with passengers or cargo. (4) That the rates prescribed shall be calculated to cover, as nearly as practicable, all costs of operating and maintaining the works under the administration of the Corporation, including depreciation and payments in lieu of taxes. ( May 13, 1954, ch. 201,  12 68 Stat. 96 Pub. L. 91469,  43(b) Oct. 21, 1970 84 Stat. 1038 Pub. L. 9591, title IV,  402(a)(1)(B) Aug. 4, 1977 91 Stat. 583 Pub. L. 97369, title III,  311 Dec. 18, 1982 96 Stat. 1782 Pub. L. 100352,  6(h) June 27, 1988 102 Stat. 664  Editorial Notes Amendments 1988Subsec. (a). Pub. L. 100352 1982Subsec. (b)(5). Pub. L. 97369 1970Subsec. (a). Pub. L. 91469,  43(b)(1) Subsec. (b)(4). Pub. L. 91469,  43(b)(2) Statutory Notes and Related Subsidiaries Effective Date of 1988 Amendment Amendment by Pub. L. 100352 June 27, 1988 section 7 of Pub. L. 100352 section 1254 of Title 28  Transfer of Functions Federal Energy Regulatory Commission substituted for Federal Power Commission in subsec. (a) on authority of Pub. L. 9591, title IV,  402(a)(1)(B) Aug. 4, 1977 91 Stat. 583 section 7172(a)(1)(B) of Title 42 Great Lakes and Saint Lawrence Seaway Pub. L. 101101, title I Sept. 29, 1989 103 Stat. 642 That within available funds, the Secretary of the Army, acting through the Chief of Engineers, is directed to initiate and complete a reconnaissance study for the Saint Lawrence Seaway and Great Lakes-Financing Navigational Improvements Study, as authorized in section 47(d) of Public Law 100676 Public Law 99662 Nov. 17, 1986 100 Stat. 4082 Pub. L. 100676,  47(d) Nov. 17, 1988 102 Stat. 4042  (1)  Study of financing navigational improvements The Secretary, in cooperation with other Federal agencies and private persons, is authorized and directed to contract with an independent party to conduct a study of cost recovery options and alternative methods of financing navigational improvements on the Great Lakes connecting channels and Saint Lawrence Seaway, including modernization of the Eisenhower and Snell Locks of the Saint Lawrence Seaway. (2)  Report Not later than 18 months after the date of the enactment of this Act [ Nov. 17, 1988 (3)  Cost sharing The non-Federal share of the cost of the study under this subsection shall be 50 percent; except that not more than 1/2 of such non-Federal share may be made by the provision of services, materials, supplies, or other in-kind services necessary to carry out the study. Report on Reduction or Elimination of Tolls on Great Lakes and Saint Lawrence Seaway Pub. L. 99662, title XIV,  1406 Nov. 17, 1986 100 Stat. 4272 Not later than 2 years after the date of enactment of this Act [ Nov. 17, 1986  988a. Waiver of collection of charges or tolls (a) Notwithstanding section 988 of this title section 988 of this title section 4462(a)(4) of title 26 (b) The Corporation will maintain a record of the annual amount of each charge or toll that would have been collected with respect to each such commercial vessel if it were not for paragraph (a) of this section. ( May 13, 1954, ch. 201,  13 Pub. L. 99662, title XIV,  805(a)(4) Nov. 17, 1986 100 Stat. 4272 Pub. L. 103331, title III,  339 Sept. 30, 1994 108 Stat. 2496  Editorial Notes Amendments 1994 Pub. L. 103331 (a) The Corporation shall transfer to the Harbor Maintenance Trust Fund, at such times and under such terms and conditions as the Secretary of the Treasury may prescribe, all revenues derived from the collection of charges or tolls established under section 988 of this title (b)(1) The Corporation shall certify to the Secretary of the Treasury, in such form and at such times as the Secretary of the Treasury shall prescribe (A) the identity of any person who pays a charge or toll to the Corporation pursuant to section 988 of this title section 4462(a)(4) of title 26 (B) the amount of the toll or charge paid by such person with respect to such vessel. (2) Within 30 days of the receipt of a certification described in paragraph (1), the Secretary of the Treasury shall rebate, out of the Harbor Maintenance Trust Fund, to the person described in paragraph (1) the amount of the charge or toll paid pursuant to section 988 of this title Statutory Notes and Related Subsidiaries Effective Date Section effective April 1, 1987 section 805(b) of Pub. L. 99662 section 984 of this title  989. Special reports (a) Repealed. Pub. L. 10466, title I,  1121(j) Dec. 21, 1995 109 Stat. 724 (b) The Corporation, after July 17, 1957 ( May 13, 1954, ch. 201,  10 68 Stat. 96 Pub. L. 85108,  1(5) July 17, 1957 71 Stat. 308 Pub. L. 10466, title I,  1121(j) Dec. 21, 1995 109 Stat. 724  Editorial Notes Amendments 1995Subsec. (a). Pub. L. 10466 1957 Pub. L. 85108  990. Offenses and penalties (a) Application of penal statutes All general penal statutes relating to the larceny, embezzlement, or conversion, of public moneys or property of the United States shall apply to the moneys and property of the Corporation. (b) Frauds and false entries, reports, or statements Any person who, with intent to defraud the Corporation, or to deceive any director, officer, or employee of the Corporation or any officer or employee of the United States, (1) makes any false entry in any book of the Corporation, or (2) makes any false report or statement for the Corporation, shall, upon conviction thereof, be fined not more than $10,000 or imprisoned not more than five years, or both. (c) Receipt of compensation, or conspiracy, with intent to defraud, etc. Any person who shall receive any compensation, rebate, or reward, or shall enter into any conspiracy, collusion, or agreement, express or implied, with intent to defraud the Corporation or wrongfully and unlawfully to defeat its purposes, shall, on conviction thereof, be fined not more than $5,000 or imprisoned not more than five years, or both. ( May 13, 1954, ch. 201,  9 68 Stat. 96 CHAPTER 20 POLLUTION OF THE SEA BY OIL  1001 to 1011. Repealed. Pub. L. 96478,  12 Oct. 21, 1980 94 Stat. 2303   Section 1001, Pub. L. 87167,  2 Aug. 30, 1961 75 Stat. 402 Pub. L. 89551,  1(2) Sept. 1, 1966 80 Stat. 372 Pub. L. 89670,  6(g)(5) Oct. 15, 1966 80 Stat. 941 Pub. L. 93119,  2(1) Oct. 4, 1973 87 Stat. 424 Pub. L. 97449,  2(e)(1) Jan. 12, 1983 96 Stat. 2440  Section 1002, Pub. L. 87167,  3 Aug. 30, 1961 75 Stat. 402 Pub. L. 89551,  1(3) Sept. 1, 1966 80 Stat. 373 Pub. L. 93119,  2(2) Oct. 4, 1973 87 Stat. 425  Section 1003, Pub. L. 87167,  4 Aug. 30, 1961 75 Stat. 402 Pub. L. 89551,  1(4) Sept. 1, 1966 80 Stat. 373 Pub. L. 93119,  2(3) Oct. 4, 1973 87 Stat. 425 section 1002 of this title  Section 1004, Pub. L. 87167,  5 Aug. 30, 1961 75 Stat. 403 Pub. L. 89551,  1(5) Sept. 1, 1966 80 Stat. 374 Pub. L. 93119,  2(4) Oct. 4, 1973 87 Stat. 425 section 1002 of this title  Section 1004a, Pub. L. 87167,  6 Pub. L. 93119,  2(5) Oct. 4, 1973 87 Stat. 425  Section 1005, Pub. L. 87167,  7 Aug. 30, 1961 75 Stat. 403 Pub. L. 93119,  2(6) Oct. 4, 1973 87 Stat. 426  Section 1006, Pub. L. 87167,  8 Aug. 30, 1961 75 Stat. 403 Pub. L. 93119,  2(7) Oct. 4, 1973 87 Stat. 427  Section 1007, Pub. L. 87167,  9 Aug. 30, 1961 75 Stat. 403 Pub. L. 90578, title IV,  402(b)(2) Oct. 17, 1968 82 Stat. 1118 Pub. L. 93119,  2(8) Oct. 4, 1973 87 Stat. 427  Section 1008, Pub. L. 87167,  10 Aug. 30, 1961 75 Stat. 404 Pub. L. 89551,  1(6) Sept. 1, 1966 80 Stat. 374 Pub. L. 93119,  2(9) Oct. 4, 1973 87 Stat. 427  Section 1009, Pub. L. 87167,  11 Aug. 30, 1961 75 Stat. 404 Pub. L. 89551,  1(7) Sept. 1, 1966 80 Stat. 375 Pub. L. 93119,  2(10) Oct. 4, 1973 87 Stat. 428  Section 1010, Pub. L. 87167,  12 Aug. 30, 1961 75 Stat. 404 Pub. L. 93119,  2(11) Oct. 4, 1973 87 Stat. 428  Section 1011, Pub. L. 87167,  12 Aug. 30, 1961 75 Stat. 404 Pub. L. 89551,  1(8) Sept. 1, 1966 80 Stat. 375 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 2, 1983 section 14(a) of Pub. L. 96478 section 1901 of this title Short Title Pub. L. 87167,  1 Aug. 30, 1961 75 Stat. 402 Pub. L. 89551,  1(1) Sept. 1, 1966 80 Stat. 372 Pub. L. 87167 Pub. L. 96478,  12 Oct. 21, 1980 94 Stat. 2303 Pub. L. 93119,  1 Oct. 4, 1973 87 Stat. 424 Pub. L. 93119 Pub. L. 96478,  12 Oct. 21, 1980 94 Stat. 2303 Savings Provision Pub. L. 96478,  12(a) Oct. 21, 1980 94 Stat. 2303 Oct. 2, 1983 Any rights or liabilities existing on Oct. 2, 1983 section 14(c) of Pub. L. 96478 section 1901 of this title Separability Pub. L. 87167,  14 Aug. 30, 1961 75 Stat. 407 Pub. L. 93119,  2(13) Oct. 4, 1973 87 Stat. 428 Pub. L. 87167 Pub. L. 96478,  12 Oct. 21, 1980 94 Stat. 2303  1012. Repealed. Pub. L. 89551,  1(9) Sept. 1, 1966 80 Stat. 375   Section, Pub. L. 87167,  13 Aug. 30, 1961 75 Stat. 405  1013 to 1016. Repealed. Pub. L. 96478,  12 Oct. 21, 1980 94 Stat. 2303   Section 1013, Pub. L. 87167,  13 Aug. 30, 1961 75 Stat. 407 Pub. L. 93119,  2(13) Oct. 4, 1973 87 Stat. 428  Section 1014, Pub. L. 87167,  15 Aug. 30, 1961 75 Stat. 407 Pub. L. 93119,  2(14) Oct. 4, 1973 87 Stat. 428 section 1321 of this title section 89 of Title 14  Section 1015, Pub. L. 87167,  17 Aug. 30, 1961 75 Stat. 407 Pub. L. 89551,  1(10) Sept. 1, 1966 80 Stat. 375 Pub. L. 93119,  2(15) Oct. 4, 1973 87 Stat. 428 section 12 of Pub. L. 96478  Section 1016, Pub. L. 93119,  3 Oct. 4, 1973 87 Stat. 428 Pub. L. 93119 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 2, 1983 section 14(a) of Pub. L. 96478 section 1901 of this title CHAPTER 21 INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA  Editorial Notes Prior Provisions For prior provisions, see note set out under section 1602 of this title  1051 to 1053, 1061 to 1094. Repealed. Pub. L. 9575,  10 July 27, 1977 91 Stat. 311   Section 1051, Pub. L. 88131,  1 Sept. 24, 1963 77 Stat. 194 section 1602 of this title  Section 1052, Pub. L. 88131,  2 Sept. 24, 1963 77 Stat. 194 section 1605 of this title  Section 1053, Pub. L. 88131,  4 Sept. 24, 1963 77 Stat. 195 section 1602 of this title  Section 1061, Pub. L. 88131,  4 Sept. 24, 1963 77 Stat. 195  Section 1062, Pub. L. 88131,  4 Sept. 24, 1963 77 Stat. 196  Section 1063, Pub. L. 88131,  4 Sept. 24, 1963 77 Stat. 197  Section 1064, Pub. L. 88131,  4 Sept. 24, 1963 77 Stat. 197  Section 1065, Pub. L. 88131,  4 Sept. 24, 1963 77 Stat. 198  Section 1066, Pub. L. 88131,  4 Sept. 24, 1963 77 Stat. 199  Section 1067, Pub. L. 88131,  4 Sept. 24, 1963 77 Stat. 199  Section 1068, Pub. L. 88131,  4 Sept. 24, 1963 77 Stat. 200  Section 1069, Pub. L. 88131,  4 Sept. 24, 1963 77 Stat. 201  Section 1070, Pub. L. 88131,  4 Sept. 24, 1963 77 Stat. 202  Section 1071, Pub. L. 88131,  4 Sept. 24, 1963 77 Stat. 202  Section 1072, Pub. L. 88131,  4 Sept. 24, 1963 77 Stat. 203  Section 1073, Pub. L. 88131,  4 Sept. 24, 1963 77 Stat. 203  Section 1074, Pub. L. 88131,  4 Sept. 24, 1963 77 Stat. 203  Section 1075, Pub. L. 88131,  4 Sept. 24, 1963 77 Stat. 203  Section 1076, Pub. L. 88131,  4 Sept. 24, 1963 77 Stat. 203  Section 1077, Pub. L. 88131,  4 Sept. 24, 1963 77 Stat. 203  Section 1078, Pub. L. 88131,  4 Sept. 24, 1963 77 Stat. 205  Section 1079, Pub. L. 88131,  4 Sept. 24, 1963 77 Stat. 205  Section 1080, Pub. L. 88131,  4 Sept. 24, 1963 77 Stat. 205  Section 1081, Pub. L. 88131,  4 Sept. 24, 1963 77 Stat. 206  Section 1082, Pub. L. 88131,  4 Sept. 24, 1963 77 Stat. 206  Section 1083, Pub. L. 88131,  4 Sept. 24, 1963 77 Stat. 206  Section 1084, Pub. L. 88131,  4 Sept. 24, 1963 77 Stat. 206  Section 1085, Pub. L. 88131,  4 Sept. 24, 1963 77 Stat. 206  Section 1086, Pub. L. 88131,  4 Sept. 24, 1963 77 Stat. 206  Section 1087, Pub. L. 88131,  4 Sept. 24, 1963 77 Stat. 207  Section 1088, Pub. L. 88131,  4 Sept. 24, 1963 77 Stat. 207  Section 1089, Pub. L. 88131 Sept. 24, 1963 77 Stat. 207  Section 1090, Pub. L. 88131,  4 Sept. 24, 1963 77 Stat. 207  Section 1091, Pub. L. 88131,  4 Sept. 24, 1963 77 Stat. 208  Section 1092, Pub. L. 88131,  4 Sept. 24, 1963 77 Stat. 208  Section 1093, Pub. L. 88131,  4 Sept. 24, 1963 77 Stat. 208  Section 1094, Pub. L. 88131,  4 Sept. 24, 1963 77 Stat. 209 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective July 15, 1977 section 10 of Pub. L. 9575 section 1601 of this title Executive Documents  Executive Order No. 11239 Ex. Ord. No. 11239, July 31, 1965 Feb. 28, 2003 Nov. 1, 1974 June 17, 1960 Sept. 3, 1980 section 1602 of this title  Proclamation No. 3632 Proc. No. 3632, Dec. 29, 1964 Pub. L. 88131 Sept. 24, 1963 77 Stat. 194 CHAPTER 22 SEA GRANT COLLEGES AND MARINE SCIENCE DEVELOPMENT    SUBCHAPTER IMARINE RESOURCES AND ENGINEERING DEVELOPMENT  Sec.  1101. Congressional declaration of policy and objectives.  1102. Omitted.  1103. Executive responsibilities; utilization of staff, interagency, and non-Government advisory arrangements; consultation with agencies; solicitation of views of non-Federal agencies.  1104 1105. Omitted.  1106. Reports to Congress.  1107. Definitions.  1108. Authorization of appropriations.  SUBCHAPTER IINATIONAL SEA GRANT COLLEGE PROGRAM  1121. Congressional declaration of policy.  1122. Definitions.  1123. National sea grant college program.  1124. Program or project grants and contracts.  1124a 1125. Repealed.  1126. Sea grant colleges and sea grant institutes.  1127. Fellowships.  1128. National Sea Grant Advisory Board.  1129. Interagency cooperation.  1130. Repealed.  1131. Authorization of appropriations.  SUBCHAPTER IIIYOUNG FISHERMENS DEVELOPMENT  1141. Definitions.  1142. Establishment of program.  1143. Grants.  1144. Funding. SUBCHAPTER I MARINE RESOURCES AND ENGINEERING DEVELOPMENT  1101. Congressional declaration of policy and objectives (a) It is hereby declared to be the policy of the United States to develop, encourage, and maintain a coordinated, comprehensive, and long-range national program in marine science for the benefit of mankind to assist in protection of health and property, enhancement of commerce, transportation, and national security, rehabilitation of our commercial fisheries, and increased utilization of these and other resources. (b) The marine science activities of the United States should be conducted so as to contribute to the following objectives: (1) The accelerated development of the resources of the marine environment. (2) The expansion of human knowledge of the marine environment. (3) The encouragement of private investment enterprise in exploration, technological development, marine commerce, and economic utilization of the resources of the marine environment. (4) The preservation of the role of the United States as a leader in marine science and resource development. (5) The advancement of education and training in marine science. (6) The development and improvement of the capabilities, performance, use, and efficiency of vehicles, equipment, and instruments for use in exploration, research, surveys, the recovery of resources, and the transmission of energy in the marine environment. (7) The effective utilization of the scientific and engineering resources of the Nation, with close cooperation among all interested agencies, public and private, in order to avoid unnecessary duplication of effort, facilities, and equipment, or waste. (8) The cooperation by the United States with other nations and groups of nations and international organizations in marine science activities when such cooperation is in the national interest. ( Pub. L. 89454, title I,  2 June 17, 1966 80 Stat. 203  Statutory Notes and Related Subsidiaries Short Title of 2021 Amendment Pub. L. 116289,  1 Jan. 5, 2021 134 Stat. 4886 This Act [enacting subchapter III of this chapter] may be cited as the Young Fishermens Development Act. Short Title Section 1 of title I of Pub. L. 89454 Pub. L. 89688,  2(a) Oct. 15, 1966 80 Stat. 1001 This title [enacting this subchapter] may be cited as the Marine Resources and Engineering Development Act of 1966.  1102. Omitted  Editorial Notes Codification Section, Pub. L. 89454, title I,  3 June 17, 1966 80 Stat. 204 Pub. L. 89670,  8(j) Oct. 15, 1966 80 Stat. 943 Pub. L. 90242,  2 Jan. 2, 1968 81 Stat. 780 Pub. L. 9115,  1 May 23, 1969 83 Stat. 10 Pub. L. 91414 Sept. 25, 1970 84 Stat. 865 June 30, 1971 Apr. 30, 1971  1103. Executive responsibilities; utilization of staff, interagency, and non-Government advisory arrangements; consultation with agencies; solicitation of views of non-Federal agencies (a) In conformity with the provisions of section 1101 of this title (1) survey all significant marine science activities, including the policies, plans, programs, and accomplishments of all departments and agencies of the United States engaged in such activities; (2) develop a comprehensive program of marine science activities, including, but not limited to, exploration, description and prediction of the marine environment, exploitation and conservation of the resources of the marine environment, marine engineering, studies of air-sea interaction, transmission of energy, and communications, to be conducted by departments and agencies of the United States, independently or in cooperation with such non-Federal organizations as States, institutions and industry; (3) designate and fix responsibility for the conduct of the foregoing marine science activities by departments and agencies of the United States; (4) insure cooperation and resolve differences arising among departments and agencies of the United States with respect to marine science activities under this subchapter, including differences as to whether a particular project is a marine science activity; (5) undertake a comprehensive study, by contract or otherwise, of the legal problems arising out of the management, use, development, recovery, and control of the resources of the marine environment; (6) establish long-range studies of the potential benefits to the United States economy, security, health, and welfare to be gained from marine resources, engineering, and science, and the costs involved in obtaining such benefits; and (7) review annually all marine science activities conducted by departments and agencies of the United States in light of the policies, plans, programs, and priorities developed pursuant to this Act. (b) In the planning and conduct of a coordinated Federal program the President and the Council shall utilize such staff, interagency, and non-Government advisory arrangements as they may find necessary and appropriate and shall consult with departments and agencies concerned with marine science activities and solicit the views of non-Federal organizations and individuals with capabilities in marine sciences. ( Pub. L. 89454, title I,  4 June 17, 1966 80 Stat. 205 Pub. L. 89688,  2(b) Oct. 15, 1966 80 Stat. 1001  Editorial Notes  References in Text This Act, referred to in subsec. (a)(7), is Pub. L. 89454 June 17, 1966 80 Stat. 203 Pub. L. 89688,  2 Oct. 15, 1966 80 Stat. 1001 Pub. L. 89454 Pub. L. 89688 Pub. L. 92583 Amendments 1966Subsec. (a). Pub. L. 89688 Statutory Notes and Related Subsidiaries Termination of Council National Council on Marine Resources and Engineering, established under section 1102 of this title Apr. 30, 1971 section 1102 of this title  1104, 1105. Omitted  Editorial Notes Codification Section 1104, Pub. L. 89454, title I,  5 June 17, 1966 80 Stat. 205 Pub. L. 89688,  2(b) Oct. 15, 1966 80 Stat. 1001 Pub. L. 90242,  1 Jan. 2, 1968 81 Stat. 780 section 1102 of this title Section 1105, Pub. L. 89454, title I,  6 June 17, 1966 80 Stat. 207 section 1102 of this title  1106. Reports to Congress (a) The President shall transmit to the Congress biennially in January a report, which shall include (1) a comprehensive description of the activities and the accomplishments of all agencies and departments of the United States in the field of marine science during the preceding fiscal year, and (2) an evaluation of such activities and accomplishments in terms of the objectives set forth pursuant to this Act. (b) Reports made under this section shall contain such recommendations for legislation as the President may consider necessary or desirable for the attainment of the objectives of this Act, and shall contain an estimate of funding requirements of each agency and department of the United States for marine science activities during the succeeding fiscal year. ( Pub. L. 89454, title I,  7 June 17, 1966 80 Stat. 207 Pub. L. 99386, title II,  203(a) Aug. 22, 1986 100 Stat. 823  Editorial Notes  References in Text This Act, referred to in text, is Pub. L. 89454 June 17, 1966 80 Stat. 203 Pub. L. 89688,  2 Oct. 15, 1966 80 Stat. 1001 Pub. L. 89454 Pub. L. 89688 Pub. L. 92583 Amendments 1986Subsec. (a). Pub. L. 99386  1107. Definitions  For the purposes of this subchapter, the term marine science shall be deemed to apply to oceanographic and scientific endeavors and disciplines, and engineering and technology in and with relation to the marine environment; and the term marine environment shall be deemed to include (a) the oceans, (b) the Continental Shelf of the United States, (c) the Great Lakes, (d) seabed and subsoil of the submarine areas adjacent to the coasts of the United States to the depth of two hundred meters, or beyond that limit, to where the depths of the superjacent waters admit of the exploitation of the natural resources of such areas, (e) the seabed and subsoil of similar submarine areas adjacent to the coasts of islands which comprise United States territory, and (f) the resources thereof. ( Pub. L. 89454, title I,  8 June 17, 1966 80 Stat. 208 Pub. L. 89688,  2(b) Oct. 15, 1966 80 Stat. 1001  Editorial Notes Amendments 1966 Pub. L. 89688  1108. Authorization of appropriations  There are hereby authorized to be appropriated such sums as may be necessary to carry out this subchapter, but sums appropriated for any one fiscal year shall not exceed $1,200,000. ( Pub. L. 89454, title I,  9 June 17, 1966 80 Stat. 208 Pub. L. 89688,  2(b) Oct. 15, 1966 80 Stat. 1001 Pub. L. 9115,  2 May 23, 1969 83 Stat. 10  Editorial Notes Amendments 1969 Pub. L. 9115 1966 Pub. L. 89688 SUBCHAPTER II NATIONAL SEA GRANT COLLEGE PROGRAM  1121. Congressional declaration of policy (a) Findings The Congress finds and declares the following: (1) The national interest requires a strategy to (A) provide for the understanding and wise use of ocean, coastal, and Great Lakes resources and the environment; (B) foster economic competitiveness; (C) promote public stewardship and wise economic development of the coastal ocean and its margins, the Great Lakes, and the exclusive economic zone; (D) encourage the development of preparation, forecast, analysis, mitigation, response, and recovery systems for coastal hazards; (E) understand global environmental processes and their impacts on ocean, coastal, and Great Lakes resources; and (F) promote domestic and international cooperative solutions to ocean, coastal, and Great Lakes issues. (2) Investment in a strong program of integrated research, education, extension, training, technology transfer, and public service is essential for this strategy. (3) The expanding use and development of ocean, coastal, and Great Lakes resources resulting from growing coastal area populations and the increasing pressures on the coastal and Great Lakes environment challenge the ability of the United States to manage such resources wisely. (4) The vitality of the Nation and the quality of life of its citizens depend increasingly on the understanding, assessment, development, management, utilization, and conservation of ocean, coastal, and Great Lakes resources. These resources supply food, energy, and minerals and contribute to human health, the quality of the environment, national security, and the enhancement of commerce. (5) The understanding, assessment, development, management, utilization, and conservation of such resources require a broad commitment and an intense involvement on the part of the Federal Government in continuing partnership with State and local governments, private industry, universities, organizations, and individuals concerned with or affected by ocean, coastal, and Great Lakes resources. (6) The National Oceanic and Atmospheric Administration, through the national sea grant college program, offers the most suitable locus and means for such commitment and engagement through the promotion of activities that will result in greater such understanding, assessment, development, management, management, 1 1 (b) Objective The objective of this subchapter is to increase the understanding, assessment, development, management, utilization, and conservation of the Nations ocean, coastal, and Great Lakes resources by providing assistance to promote a strong educational base, responsive research and training activities, broad and prompt dissemination of knowledge and techniques, and multidisciplinary approaches to environmental problems. (c) Purpose It is the purpose of the Congress to achieve the objective of this subchapter by extending and strengthening the national sea grant program, initially established in 1966, to promote integrated research, education, training, and extension services and activities in fields related to ocean, coastal, and Great Lakes resources. ( Pub. L. 89454, title II,  202 Pub. L. 89688,  1 Oct. 15, 1966 80 Stat. 998 Pub. L. 94461,  2 Oct. 8, 1976 90 Stat. 1961 Pub. L. 95428,  2(b) Oct. 7, 1978 92 Stat. 999 Pub. L. 100220, title III Dec. 29, 1987 101 Stat. 1469 Pub. L. 105160,  3 Mar. 6, 1998 112 Stat. 21 Pub. L. 107299,  2 Nov. 26, 2002 116 Stat. 2345 Pub. L. 110394,  3 Oct. 13, 2008 122 Stat. 4205  Editorial Notes Amendments 2008Subsec. (a). Pub. L. 110394,  3(c) Subsec. (a)(1)(D), (E). Pub. L. 110394,  3(a)(1) (D) encourage the development of forecast and analysis systems for coastal hazards; (E) understand global environmental processes; and. Subsec. (a)(2). Pub. L. 110394,  3(a)(2) Subsec. (a)(6). Pub. L. 110394,  3(a)(3) Subsec. (b). Pub. L. 110394,  3(c) Subsec. (c). Pub. L. 110394,  3(b) 2002Subsec. (a)(6). Pub. L. 107299 1998Subsec. (a)(1)(D) to (F). Pub. L. 105160,  3(a) Subsec. (a)(6). Pub. L. 105160,  3(b) 1987Subsec. (a). Pub. L. 100220 Subsec. (b). Pub. L. 100220,  3103(2) Subsec. (c). Pub. L. 100220,  3104(b)(1)(B) 1978Subsec. (a)(3). Pub. L. 95428 1976 Pub. L. 94461 Statutory Notes and Related Subsidiaries Short Title of 2020 Amendment Pub. L. 116221,  1 Dec. 18, 2020 134 Stat. 1057 This Act [amending sections 1123, 1126, 1127, 1128, and 1131 of this title, repealing section 85720 of this title Short Title of 2008 Amendment Pub. L. 110394,  1 Oct. 13, 2008 122 Stat. 4205 This Act [amending this section and sections 1122 to 1124, 1126 to 1128, and 1131 of this title and enacting provisions set out as a note under section 1128 of this title Short Title of 2002 Amendment Pub. L. 107299,  1 Nov. 26, 2002 116 Stat. 2345 This Act [enacting section 85720 of this title section 1123 of this title Short Title of 1998 Amendment Pub. L. 105160,  1 Mar. 6, 1998 112 Stat. 21 This Act [enacting section 1541 of Title 15 section 1124a of this title Short Title of 1991 Amendment Pub. L. 102186,  1 Dec. 4, 1991 105 Stat. 1282 This Act [amending sections 1122 to 1124, 1127, 1128, and 1131 of this title and section 4741 of Title 16 Short Title of 1987 Amendment Pub. L. 100220, title III,  3001 Dec. 29, 1987 101 Stat. 1469 This title [amending this section and sections 1122 to 1131 of this title and enacting provisions set out as notes under this section and sections 883a and 1125 of this title] may be cited as the Marine Science, Technology, and Policy Development Act of 1987. Section 3101 of subtitle A ( 31013111) of title III of Pub. L. 100220 This subtitle [amending this section and sections 1122 to 1131 of this title and enacting provisions set out as a note under section 1125 of this title Short Title of 1976 Amendment Pub. L. 94461,  1 Oct. 8, 1976 90 Stat. 1961 That this Act [enacting sections 1124a, 1125, 1126, 1127, 1128, 1129, 1130, and 1131 of this title and amending this section, sections 1122, 1123, and 1124 of this title, sections 5314 and 5315 of Title 5, Government Organization and Employees, and provisions set out as notes under this section, section 1511 of Title 15 Short Title Pub. L. 89454, title II,  201 Pub. L. 89688,  1 Oct. 15, 1966 80 Stat. 998 Pub. L. 94461,  2 Oct. 8, 1976 90 Stat. 1961 Pub. L. 95428,  2(a) Oct. 7, 1978 92 Stat. 999 This title [enacting this subchapter] may be cited as the National Sea Grant College Program Act.  1122. Definitions As used in this subchapter (1) The term Administration means the National Oceanic and Atmospheric Administration. (2) The term Director means the Director of the national sea grant college program, appointed pursuant to section 1123(b) 1 1 (3) the 2 2 (4) The term field related to ocean, coastal, and Great Lakes resources means any discipline or field, including marine affairs, resource management, technology, education, or science, which is concerned with or likely to improve the understanding, assessment, development, management, utilization, or conservation of ocean, coastal, or Great Lakes resources. (5) The term institution means any public or private institution of higher education, institute, laboratory, or State or local agency. (6) The term includes and variants thereof should be read as if the phrase but is not limited to were also set forth. (7) The term ocean, coastal, and Great Lakes resources means the resources that are located in, derived from, or traceable to, the seabed, subsoil, and waters of (A) the coastal zone, as defined in section 1453(1) of title 16 (B) the Great Lakes; (C) Lake Champlain (to the extent that such resources have hydrological, biological, physical, or geological characteristics and problems similar or related to those of the Great Lakes); (D) the territorial sea; (E) the exclusive economic zone; (F) the Outer Continental Shelf; and (G) the high seas. (8) The term resource means (A) living resources (including natural and cultured plant life, fish, shellfish, marine mammals, and wildlife); (B) nonliving resources (including energy sources, minerals, and chemical substances); (C) the habitat of a living resource, the coastal space, the ecosystems, the nutrient-rich areas, and the other components of the marine environment that contribute to or provide (or which are capable of contributing to or providing) recreational, scenic, esthetic, biological, habitational, commercial, economic, or conservation values; and (D) man-made, tangible, intangible, actual, or potential resources. (9) The term Board means the National Sea Grant Advisory Board established under section 1128 of this title (10) The term person means any individual; any public or private corporation, partnership, or other association or entity (including any sea grant college, sea grant institute or other institution); or any State, political subdivision of a State, or agency or officer thereof. (11) The term project means any individually described activity in a field related to ocean, coastal, and Great Lakes resources involving research, education, training, or extension services administered by a person with expertise in such a field. (12) The term sea grant college means any institution, or any association or alliance of two or more such institutions, designated as such by the Secretary under section 1126 of this title (13) The term sea grant institute means any institution, or any association or alliance of two or more such institutions, designated as such by the Secretary under section 1126 of this title (14) The term sea grant program means a program of research and outreach which is administered by one or more sea grant colleges or sea grant institutes. (15) The term Secretary means the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere. (16) The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Mariana Islands, or any other territory or possession of the United States. ( Pub. L. 89454, title II,  203 Pub. L. 89688,  1 Oct. 15, 1966 80 Stat. 999 Pub. L. 90477,  1(1) Aug. 11, 1968 82 Stat. 704 Pub. L. 91349 July 23, 1970 84 Stat. 448 Pub. L. 9373,  1(1) July 10, 1973 87 Stat. 170 Pub. L. 94461,  2 Oct. 8, 1976 90 Stat. 1962 Pub. L. 95428,  2(b) Oct. 7, 1978 92 Stat. 999 Pub. L. 96289,  1(1) June 28, 1980 94 Stat. 605 Pub. L. 100220, title III,  3104(a) Dec. 29, 1987 101 Stat. 1470 Pub. L. 102186,  5(b)(1) Dec. 4, 1991 105 Stat. 1284 Pub. L. 102251, title III,  307(a) Mar. 9, 1992 106 Stat. 66 Pub. L. 105160,  4(a) Mar. 6, 1998 112 Stat. 21 Pub. L. 105174, title III,  10003 May 1, 1998 112 Stat. 99 Pub. L. 110394 Oct. 13, 2008 122 Stat. 4206  Editorial Notes  References in Text Section 1123 of this title Pub. L. 105160,  5 Mar. 6, 1998 112 Stat. 22 Amendments 2008Par. (4). Pub. L. 110394,  4(a)(1) Par. (6)(F), (G). Pub. L. 110394,  4(b) section 307(a) of Pub. L. 102251 Par. (9). Pub. L. 110394,  9(a)(4)(B) section 1128 of this title Par. (11). Pub. L. 110394,  4(a)(2) Pars. (12), (13). Pub. L. 110394,  4(a)(3) section 1126 of this title 1998Par. (3). Pub. L. 105160,  4(a)(1) Par. (4). Pub. L. 105160,  4(a)(2) Par. (5). Pub. L. 105174,  10003(1) Pub. L. 105160,  4(a)(3) Par. (6). Pub. L. 105174,  10003(1) Pub. L. 105160,  4(a)(3) Par. (7). Pub. L. 105174,  10003 Pub. L. 105160,  4(a)(3) Pars. (8) to (10). Pub. L. 105174,  10003(1) Pub. L. 105160,  4(a)(3) Par. (11). Pub. L. 105174,  10003(1) Pub. L. 105160,  4(a)(3) Pars. (12) to (17). Pub. L. 105174,  10003(1) Pub. L. 105160,  4(a)(5) Pub. L. 105160,  4(a)(3) 1992Par. (6)(F), (G). Pub. L. 102251,  307(a) section 4(b) of Pub. L. 110394 1991Par. (4). Pub. L. 102186 1987Pars. (2), (3). Pub. L. 100220,  3104(a)(1) Par. (4). Pub. L. 100220,  3104(b)(1)(C) Par. (6). Pub. L. 100220,  3104(a)(3) section 1453(1) of title 16 Par. (7). Pub. L. 100220,  3104(a)(3) Par. (11). Pub. L. 100220,  3104(b)(1)(C) Par. (15). Pub. L. 100220,  3104(a)(4) 1980Par. (6). Pub. L. 96289 1978 Pub. L. 95428 1976 Pub. L. 94461 1973Subsec. (a). Pub. L. 9373,  1(5) Subsec. (b)(1). Pub. L. 9373,  1(1) June 30, 1974 1970Subsec. (b)(1). Pub. L. 91349 June 30, 1971 June 30, 1972 June 30, 1973 1968Subsec. (b)(1). Pub. L. 90477 June 30, 1969 June 30, 1970 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102251 June 1, 1990 Mar. 9, 1992 section 308 of Pub. L. 102251 section 773 of Title 16 Executive Documents  Territorial Sea of United States For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43  1123. National sea grant college program (a) Program maintenance The Secretary shall maintain within the Administration a program to be known as the national sea grant college program. The national sea grant college program shall be administered by a national sea grant office within the Administration. (b) Program elements The national sea grant college program shall consist of the financial assistance for research, education, extension, training, technology transfer, and public service and other activities authorized in this subchapter, and shall provide support for the following elements (1) sea grant programs that comprise a national sea grant college program network, including international projects conducted within such programs and regional and national projects conducted among such programs; (2) administration of the national sea grant college program and this subchapter by the national sea grant office and the Administration; (3) the fellowship program under section 1127 of this title (4) any regional or national strategic investments in fields relating to ocean, coastal, and Great Lakes resources developed in consultation with the Board and with the approval of the sea grant colleges and the sea grant institutes. (c) Responsibilities of Secretary (1) The Secretary, in consultation with the Board, sea grant colleges, and sea grant institutes, shall develop at least every 4 years a strategic plan that establishes priorities for the national sea grant college program, provides an appropriately balanced response to local, regional, and national needs, and is reflective of integration with the relevant portions of the strategic plans of the Department of Commerce and of the Administration. (2) The Secretary, in consultation with the Board, sea grant colleges, and sea grant institutes, shall establish guidelines related to the activities and responsibilities of sea grant colleges and sea grant institutes. Such guidelines shall include requirements for the conduct of merit review by the sea grant colleges and sea grant institutes of proposals for grants and contracts to be awarded under section 1124 of this title (3) The Secretary shall by regulation prescribe the qualifications required for designation of sea grant colleges and sea grant institutes under section 1126 of this title (4) To carry out the provisions of this subchapter, the Secretary may (A) appoint, assign the duties, transfer, and fix the compensation of such personnel as may be necessary, in accordance with civil service laws; (B) make appointments with respect to temporary and intermittent services to the extent authorized by section 3109 of title 5 (C) publish or arrange for the publication of, and otherwise disseminate, in cooperation with other offices and programs in the Administration and without regard to section 501 of title 44 (D) enter into contracts, cooperative agreements, and other transactions without regard to section 6101 of title 41 (E) accept donations of money and, notwithstanding section 1342 of title 31 (F) accept funds from other Federal departments and agencies, including agencies within the Administration, to pay for and add to grants made and contracts entered into by the Secretary; and (G) promulgate such rules and regulations as may be necessary and appropriate. (d) Director of National Sea Grant College Program (1) The Secretary shall appoint, as the Director of the National Sea Grant College Program, a qualified individual who has appropriate administrative experience and knowledge or expertise in fields related to ocean, coastal, and Great Lakes resources. The Director shall be appointed and compensated, without regard to the provisions of title 5 governing appointments in the competitive service, at a rate payable under section 5376 of title 5 (2) Subject to the supervision of the Secretary, the Director shall administer the national sea grant college program and oversee the operation of the national sea grant office. In addition to any other duty prescribed by law or assigned by the Secretary, the Director shall (A) facilitate and coordinate the development of a strategic plan under subsection (c)(1); (B) advise the Secretary with respect to the expertise and capabilities which are available within or through the national sea grant college program and encourage the use of such expertise and capabilities, on a cooperative or other basis, by other offices and activities within the Administration, and other Federal departments and agencies; (C) advise the Secretary on the designation of sea grant colleges and sea grant institutes, and, if appropriate, on the termination or suspension of any such designation; and (D) encourage the establishment and growth of sea grant programs, and cooperation and coordination with other Federal activities in fields related to ocean, coastal, and Great Lakes resources. (3) With respect to sea grant colleges, sea grant institutes, sea grant programs, and sea grant projects, the Director shall (A) evaluate and assess the performance of the programs of sea grant colleges and sea grant institutes, using the priorities, guidelines, and qualifications established by the Secretary under subsection (c), and determine which of the programs are the best managed and carry out the highest quality research, education, extension, and training activities; (B) subject to the availability of appropriations, allocate funding among sea grant colleges, sea grant institutes, sea grant programs, and sea grant projects so as to (i) promote healthy competition among sea grant colleges and institutes; (ii) encourage collaborations among sea grant colleges and sea grant institutes to address regional and national priorities established under subsection (c)(1); (iii) ensure successful implementation of sea grant programs; (iv) to the maximum extent consistent with other provisions of this subchapter, provide a stable base of funding for sea grant colleges and institutes; (v) encourage and promote coordination and cooperation between the research, education, and outreach programs of the Administration and those of academic institutions; and (vi) encourage cooperation with Minority Serving Institutions to enhance collaborative research opportunities and increase the number of such students graduating in NOAA science areas; and (C) ensure compliance with the guidelines for merit review under subsection (c)(2). ( Pub. L. 89454, title II,  204 Pub. L. 89688,  1 Oct. 15, 1966 80 Stat. 999 Pub. L. 90477,  1(2) Aug. 11, 1968 82 Stat. 704 Pub. L. 9373,  1(2) July 10, 1973 87 Stat. 170 Pub. L. 94461,  2 Oct. 8, 1976 90 Stat. 1963 Pub. L. 95428 Oct. 7, 1978 92 Stat. 999 Pub. L. 96289,  1(2) June 28, 1980 94 Stat. 605 Pub. L. 100220, title III Dec. 29, 1987 101 Stat. 1470 Pub. L. 102186 Dec. 4, 1991 105 Stat. 1282 Pub. L. 105160,  5 Mar. 6, 1998 112 Stat. 22 Pub. L. 107299,  3(a) Nov. 26, 2002 116 Stat. 2345 Pub. L. 110394 Oct. 13, 2008 122 Stat. 4206 Pub. L. 116221 Dec. 18, 2020 134 Stat. 1058  Editorial Notes  References in Text The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (d)(1), are classified generally to section 3301 et seq. of Title 5, Government Organization and Employees. This subchapter, referred to in subsec. (d)(3)(B)(iv), was in the original this Act and was translated as reading this title meaning title II of Pub. L. 89454 Codification In subsec. (c)(4)(D),  section 6101 of title 41 section 5 of title 41 Pub. L. 111350,  6(c) Jan. 4, 2011 124 Stat. 3854 Amendments 2020Subsec. (b). Pub. L. 116221,  6 Subsec. (c)(4)(E). Pub. L. 116221,  4(a) section 1342 of title 31 Subsec. (d)(3). Pub. L. 116221,  9(c)(1)(A) Subsec. (d)(3)(B). Pub. L. 116221,  9(c)(1)(B) Subsec. (d)(3)(B)(vi). Pub. L. 116221,  11(1) 2008Subsec. (b)(1). Pub. L. 110394,  5(a)(1) Subsec. (b)(2). Pub. L. 110394,  5(a)(2) Subsec. (b)(4). Pub. L. 110394,  5(a)(3) Subsec. (c)(1). Pub. L. 110394,  9(a)(4)(C)(i) Subsec. (c)(2). Pub. L. 110394 March 6, 1998 Subsec. (d)(2)(A). Pub. L. 110394,  5(c)(1) Subsec. (d)(3)(A). Pub. L. 110394,  5(c)(2) Subsec. (d)(3)(B)(ii). Pub. L. 110394,  5(c)(3)(A) Subsec. (d)(3)(B)(iii). Pub. L. 110394,  5(c)(3)(A) Subsec. (d)(3)(B)(iv), (v). Pub. L. 110394,  5(c)(3)(A) Subsec. (d)(3)(B)(vi). Pub. L. 110394,  5(c)(3)(C) 2002Subsec. (c)(1). Pub. L. 107299,  3(a) Subsec. (d)(3)(A). Pub. L. 107299,  3(b)(1) Subsec. (d)(3)(B)(iv). Pub. L. 107299,  3(c) 1998 Pub. L. 105160 1991Subsec. (a). Pub. L. 102186,  2(a) Subsec. (c)(3). Pub. L. 102186,  4(b)(1)(A) Subsec. (c)(8). Pub. L. 102186,  2(b) Subsec. (d)(6). Pub. L. 102186,  2(c) 1987Subsec. (b)(1)(A). Pub. L. 100220,  3104(b)(1)(D) Subsec. (c). Pub. L. 100220,  3104(c) Subsec. (c)(5). Pub. L. 100220,  3104(b)(2) Subsec. (d)(3). Pub. L. 100220,  3104(b)(1)(D) Subsec. (d)(6). Pub. L. 100220,  3105(b) section 1124(a) of this title 1980Subsec. (c)(5) to (7). Pub. L. 96289 1978Subsecs. (a) to (c). Pub. L. 95428,  2(b) Subsec. (d)(6), (7). Pub. L. 95428,  3(1)(B) 1976 Pub. L. 94461 1973Subsec. (a). Pub. L. 9373,  1(2) Subsec. (b). Pub. L. 9373,  1(5) Subsec. (d)(1). Pub. L. 9373,  1(3) Subsec. (d)(2). Pub. L. 9373,  1(4) Subsecs. (d)(3), (e). Pub. L. 9373,  1(5) Subsec. (f). Pub. L. 9373,  1(5) Subsec. (g). Pub. L. 9373,  1(6) Subsec. (h). Pub. L. 9373,  1(5) Subsec. (i)(3). Pub. L. 9373,  1(7) Subsec. (i)(4)(A) to (C). Pub. L. 9373,  1(5) 1968Subsec. (d)(1). Pub. L. 90477 Statutory Notes and Related Subsidiaries Construction Pub. L. 116221,  4(d) Dec. 18, 2020 134 Stat. 1058  Nothing in this section [amending this section and enacting provisions set out as a note below] shall be construed to limit or otherwise affect any other amounts available for marine policy fellowships under section 208(b) of the National Sea Grant College Program Act ( 33 U.S.C. 1127(b) (1) accepted under section 204(c)(4)(F) of that Act ( 33 U.S.C. 1123(c)(4)(F) (2) appropriated pursuant to the authorization of appropriations under section 212 of that Act ( 33 U.S.C. 1131 Priorities Pub. L. 116221,  4(b) Dec. 18, 2020 134 Stat. 1058 The Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere, shall establish priorities for the use of donations accepted under section 204(c)(4)(E) of the National Sea Grant College Program Act ( 33 U.S.C. 1123(c)(4)(E) 33 U.S.C. 1127(b) 134 Stat. 1058 Review of Evaluation and Rating Process Pub. L. 107299,  3(b)(2) Nov. 26, 2002 116 Stat. 2346 Nov. 26, 2002 Nov. 26, 2002 Notice of Reorganization Pub. L. 105160,  9(d) Mar. 6, 1998 112 Stat. 27 The Secretary of Commerce shall provide notice to the Committees on Science [now Science, Space, and Technology], Resources [now Natural Resources], and Appropriations of the House of Representatives and the Committees on Commerce, Science, and Transportation and Appropriations of the Senate, not later than 45 days before any major reorganization of any program, project, or activity of the National Sea Grant College Program.  1124. Program or project grants and contracts (a) Authorization; purposes; limitation on amount The Secretary may make grants and enter into contracts under this subsection to assist any sea grant program or project if the Secretary finds that such program or project will (1) implement the objective set forth in section 1121(b) of this title (2) be responsive to the needs or problems of individual States or regions. The total amount paid pursuant to any such grant or contract may equal 6623 percent, or any lesser percent, of the total cost of the sea grant program or project involved; except that this limitation shall not apply in the case of grants or contracts paid for with funds accepted by the Secretary under section 1123(c)(4)(F) of this title section 1127(b) of this title (b) Special grants; maximum amount; prerequisites The Secretary may make special grants under this subsection to implement the objective set forth in section 1121(b) of this title (1) no reasonable means is available through which the applicant can meet the matching requirement for a grant under subsection (a); (2) the probable benefit of such project outweighs the public interest in such matching requirement; and (3) the same or equivalent benefit cannot be obtained through the award of a contract or grant under subsection (a). The total amount that may be provided for grants under this subsection during any fiscal year shall not exceed an amount equal to 5 percent of the total funds appropriated for such year under section 1131 of this title (c) Eligibility and procedure Any person may apply to the Secretary for a grant or contract under this section. Application shall be made in such form and manner, and with such content and other submissions, as the Secretary shall by regulation prescribe. The Secretary shall act upon each such application within 6 months after the date on which all required information is received. (d) Terms and conditions (1) Any grant made, or contract entered into, under this section shall be subject to the limitations and provisions set forth in paragraphs (2), (3), and (4) and to such other terms, conditions, and requirements as the Secretary deems necessary or appropriate. Terms, conditions, and requirements imposed by the Secretary under this paragraph shall minimize any requirement of prior Federal approval. (2) No payment under any grant or contract under this section may be applied to (A) the purchase or rental of any land; or (B) the purchase, rental, construction, preservation, or repair of any building, dock, or vessel; except that payment under any such grant or contract may be applied to the short-term rental of buildings or facilities for meetings which are in direct support of any sea grant program or project and may, if approved by the Secretary, be applied to the purchase, rental, construction, preservation, or repair of non-self-propelled habitats, buoys, platforms, and other similar devices or structures, or to the rental of any research vessel which is used in direct support of activities under any sea grant program or project. (3) The total amount which may be obligated for payment pursuant to grants made to, and contracts entered into with, persons under this section within any one State in any fiscal year shall not exceed an amount equal to 15 percent of the total funds appropriated for such year pursuant to section 1131 of this title (4) Any person who receives or utilizes any proceeds of any grant or contract under this section shall keep such records as the Secretary shall by regulation prescribe as being necessary and appropriate to facilitate effective audit and evaluation, including records which fully disclose the amount and disposition by such recipient of such proceeds, the total cost of the program or project in connection with which such proceeds were used, and the amount, if any, of such cost which was provided through other sources. Such records shall be maintained for 3 years after the completion of such a program or project. The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access, for the purpose of audit and evaluation, to any books, documents, papers, and records of receipts which, in the opinion of the Secretary or of the Comptroller General, may be related or pertinent to such grants and contracts. ( Pub. L. 89454, title II,  205 Pub. L. 89688,  1 Oct. 15, 1966 80 Stat. 1001 Pub. L. 9373,  1(8) July 10, 1973 87 Stat. 170 Pub. L. 94461,  2 Oct. 8, 1976 90 Stat. 1964 Pub. L. 95428,  3(2) Oct. 7, 1978 92 Stat. 999 Pub. L. 96289,  1(3) June 28, 1980 94 Stat. 605 Pub. L. 100220, title III,  3105(a) Dec. 29, 1987 101 Stat. 1471 Pub. L. 102186,  4(b)(1)(B) Dec. 4, 1991 105 Stat. 1283 Pub. L. 107299,  4 Nov. 26, 2002 116 Stat. 2346 Pub. L. 110394,  6 Oct. 13, 2008 122 Stat. 4207  Editorial Notes Amendments 2008Subsec. (a). Pub. L. 110394,  6(1) section 1127(b) of this title Subsec. (b). Pub. L. 110394,  6(2) section 1131 of this title 2002Subsec. (a). Pub. L. 107299 1991Subsec. (b)(3). Pub. L. 102186 section 1125 of this title 1987Subsec. (d)(1). Pub. L. 100220 1980Subsec. (d)(2). Pub. L. 96289 1978Subsec. (a). Pub. L. 95428 section 1123(d)(6) of this title 1976 Pub. L. 94461 1973 Pub. L. 9373  1124a. Repealed. Pub. L. 105160,  6 Mar. 6, 1998 112 Stat. 24   Section, Pub. L. 94461,  3 Oct. 8, 1976 90 Stat. 1969 Pub. L. 9558,  2 June 29, 1977 91 Stat. 254 Pub. L. 95428,  4(2) Oct. 7, 1978 92 Stat. 1000 Pub. L. 96289 June 28, 1980 94 Stat. 605 Pub. L. 98623, title V,  501(b) Nov. 8, 1984 98 Stat. 3410 Pub. L. 100220, title III,  3111 Dec. 29, 1987 101 Stat. 1474 Pub. L. 102251, title III,  307(b) Mar. 9, 1992 106 Stat. 66  1125. Repealed. Pub. L. 102186,  4(a) Dec. 4, 1991 105 Stat. 1283   Section, Pub. L. 89454, title II,  206 Pub. L. 94461,  2 Oct. 8, 1976 90 Stat. 1965 Pub. L. 9558,  1 June 29, 1977 91 Stat. 254 Pub. L. 95428,  3(3) Oct. 7, 1978 92 Stat. 999 Pub. L. 96289,  1(4) June 28, 1980 94 Stat. 605 Pub. L. 100220, title III,  3106(a) Dec. 29, 1987 101 Stat. 1471  1126. Sea grant colleges and sea grant institutes (a) Designation (1) A sea grant college or sea grant institute shall meet the following qualifications (A) have an existing broad base of competence in fields related to ocean, coastal, and Great Lakes resources; (B) make a long-term commitment to the objective in section 1121(b) of this title (C) cooperate with other sea grant colleges and institutes and other persons to solve problems or meet needs relating to ocean, coastal, and Great Lakes resources; (D) have received financial assistance under section 1124 of this title (E) be recognized for excellence in fields related to ocean, coastal, and Great Lakes resources (including marine resources management and science), as determined by the Secretary; and (F) meet such other qualifications as the Secretary, in consultation with the Board, considers necessary or appropriate. (2) The Secretary may designate an institution, or an association or alliance of two or more such institutions, as a sea grant college if the institution, association, or alliance (A) meets the qualifications in paragraph (1); and (B) maintains a program of research, extension services, training, and education in fields related to ocean, coastal, and Great Lakes resources. (3) The Secretary may designate an institution, or an association or alliance of two or more such institutions, as a sea grant institute if the institution, association, or alliance (A) meets the qualifications in paragraph (1); and (B) maintains a program which includes, at a minimum, research and extension services. (b) Additional designations (1) Notification to Congress of designations (A) In general Not less than 30 days before designating an institution, or an association or alliance of two or more such institutions, as a sea grant college or sea grant institute under subsection (a), the Secretary shall notify Congress in writing of the proposed designation. The notification shall include an evaluation and justification for the designation. (B) Effect of joint resolution of disapproval The Secretary may not designate an institution, or an association or alliance of two or more such institutions, as a sea grant college or sea grant institute under subsection (a) if, before the end of the 30-day period described in subparagraph (A), a joint resolution disapproving the designation is enacted. (2) Existing designees Any institution, or association or alliance of two or more such institutions, designated as a sea grant college or awarded institutional program status by the Director prior to March 6, 1998 March 6, 1998 (c) Suspension or termination of designation The Secretary may, for cause and after an opportunity for hearing, suspend or terminate any designation under subsection (a). (d) Duties Subject to any regulations prescribed or guidelines established by the Secretary, it shall be the responsibility of each sea grant college and sea grant institute (1) to develop and implement, in consultation with the Secretary and the Board, a program that is consistent with the guidelines and priorities established under section 1123(c) of this title (2) to conduct a merit review of all proposals for grants and contracts to be awarded under section 1124 of this title ( Pub. L. 89454, title II,  207 Pub. L. 94461,  2 Oct. 8, 1976 90 Stat. 1966 Pub. L. 100220, title III,  3104(b)(1)(E) Dec. 29, 1987 101 Stat. 1470 Pub. L. 105160,  7 Mar. 6, 1998 112 Stat. 24 Pub. L. 107299,  8 Nov. 26, 2002 116 Stat. 2348 Pub. L. 110394 Oct. 13, 2008 122 Stat. 4207 Pub. L. 113188, title II,  201(a) Nov. 26, 2014 128 Stat. 2018 Pub. L. 116221,  7 Dec. 18, 2020 134 Stat. 1059  Editorial Notes Amendments 2020Subsec. (b). Pub. L. 116221,  7(2) Pub. L. 116221,  7(1) 2014Subsec. (e). Pub. L. 113188 2008Subsec. (a)(1)(F). Pub. L. 110394,  9(a)(4)(C)(ii) Subsec. (a)(2)(B), (3)(B). Pub. L. 110394,  7 Subsec. (d)(1). Pub. L. 110394,  9(a)(4)(C)(ii) 2002Subsec. (e). Pub. L. 107299 1998 Pub. L. 105160 1987Subsec. (a)(2)(A), (3)(A), (B). Pub. L. 100220  1127. Fellowships (a) In general To carry out the educational and training objectives of this subchapter, the Secretary shall support a program of fellowships for qualified individuals at the graduate and post-graduate level. The fellowships shall be related to ocean, coastal, and Great Lakes resources and awarded pursuant to guidelines established by the Secretary. The Secretary shall strive to ensure equal access for minority and economically disadvantaged students to the program carried out under this subsection. (b) Dean John A. Knauss Marine Policy Fellowship (1) In general The Secretary shall award marine policy fellowships to support the placement of individuals at the graduate level of education in fields related to ocean, coastal and Great Lakes resources in positions with the executive and legislative branches of the United States Government. (2) Placement priorities (A) In general In each year in which the Secretary awards a legislative fellowship under this subsection, when considering the placement of fellows, the Secretary shall prioritize placement of fellows in the following: (i) Positions in offices of, or with Members on, committees of Congress that have jurisdiction over the National Oceanic and Atmospheric Administration. (ii) Positions in offices of Members of Congress that have a demonstrated interest in ocean, coastal, or Great Lakes resources. (B) Equitable distribution In placing fellows in offices described in subparagraph (A), the Secretary shall ensure that placements are equitably distributed among the political parties. (3) Duration A fellowship awarded under this subsection shall be for a period of not more than 1 year. (c) Restriction on use of funds Amounts available for fellowships under this section, including amounts accepted under section 1123(c)(4)(F) of this title section 1131 of this title ( Pub. L. 89454, title II,  208 Pub. L. 94461,  2 Oct. 8, 1976 90 Stat. 1966 Pub. L. 10066,  3 July 10, 1987 101 Stat. 384 Pub. L. 100220, title III,  3107 Dec. 29, 1987 101 Stat. 1472 Pub. L. 102186,  4(b)(1)(C) Dec. 4, 1991 105 Stat. 1283 Pub. L. 105160,  4(b)(2) Mar. 6, 1998 112 Stat. 22 Pub. L. 107299,  5 Nov. 26, 2002 116 Stat. 2346 Pub. L. 110394,  8 Oct. 13, 2008 122 Stat. 4207 Pub. L. 113188, title II,  201(c) Nov. 26, 2014 128 Stat. 2018 Pub. L. 116221,  3(a) Dec. 18, 2020 134 Stat. 1057  Editorial Notes  References in Text This subchapter, referred to in subsec. (a), was in the original this Act and was translated as reading this title meaning title II of Pub. L. 89454 Amendments 2020Subsec. (b). Pub. L. 116221 2014Subsec. (a). Pub. L. 113188 2008Subsec. (a). Pub. L. 110394,  8(1) November 26, 2002 Subsec. (c). Pub. L. 110394,  8(2) 2002Subsec. (a). Pub. L. 107299,  5(a) November 26, 2002 Subsec. (c). Pub. L. 107299,  5(b) (1) shall be for 2 years; (2) may be renewed once for not more than 2 years; (3) shall be awarded on a nationally competitive basis; (4) may be used at any institution of post-secondary education involved in the national sea grant college program; (5) shall be for up to 100 percent of the total cost of the fellowship; and (6) may be made to recipients of terminal professional degrees, as well as doctoral degree recipients. 1998 Pub. L. 105160 1991Subsec. (c)(5) to (7). Pub. L. 102186 section 1125 of this title 1987Subsec. (a). Pub. L. 100220 Pub. L. 10066,  3(1) Subsec. (b). Pub. L. 100220 (1) As part of the sea grant fellowship program, the Secretary may award sea grant fellowships to support the placement of qualified individuals in positions with the executive and legislative branches of the United States Government. No fellowship may be awarded under this paragraph for a period exceeding one year. (2) For purposes of this subsection, the term qualified individual means an individual at the graduate level of education in fields related to ocean and coastal resources. Pub. L. 10066,  3(2) Subsec. (c). Pub. L. 100220 section 1131 of this title Pub. L. 10066,  3(2) Statutory Notes and Related Subsidiaries Effective Date of 2020 Amendment Pub. L. 116221,  3(c) Dec. 18, 2020 134 Stat. 1058 The amendments made by this section [amending this section] shall apply with respect to the first calendar year beginning after the date of the enactment of this Act [ Dec. 18, 2020 Effective Date of 1987 Amendment Pub. L. 10066,  4 July 10, 1987 101 Stat. 385 The amendment made by section 3 [amending this section] shall take effect January 1, 1978 Direct Hire Authority; Dean John A. Knauss Marine Policy Fellowship Pub. L. 116221,  8 Dec. 18, 2020 134 Stat. 1059  (a)  In General During fiscal year 2021 and any fiscal year thereafter, the head of any Federal agency may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code, other than sections 3303 and 3328 of that title, a qualified candidate described in subsection (b) directly to a position with the Federal agency for which the candidate meets Office of Personnel Management qualification standards. (b)  Dean John A. Knauss Marine Policy Fellowship Subsection (a) applies with respect to a former recipient of a Dean John A. Knauss Marine Policy Fellowship under section 208(b) of the National Sea Grant College Program Act ( 33 U.S.C. 1127(b) (1) earned a graduate or post-graduate degree in a field related to ocean, coastal, and Great Lakes resources or policy from an accredited institution of higher education; and (2) successfully fulfilled the requirements of the fellowship within the executive or legislative branch of the United States Government. (c)  Limitation The direct hire authority under this section shall be exercised with respect to a specific qualified candidate not later than 2 years after the date that the candidate completed the fellowship described in subsection (b).  1128. National Sea Grant Advisory Board (a) Establishment There shall be an independent committee to be known as the National Sea Grant Advisory Board. (b) Duties (1) In general The Board shall advise the Secretary and the Director concerning (A) strategies for utilizing the sea grant college program to address the Nations highest priorities regarding the understanding, assessment, development, management, utilization, and conservation of ocean, coastal, and Great Lakes resources; (B) the designation of sea grant colleges and sea grant institutes; and (C) such other matters as the Secretary refers to the Board for review and advice. (2) Periodic report The Board shall report to Congress at least once every four years on the state of the national sea grant college program and shall notify Congress of any significant changes to the state of the program not later than two years after the submission of such a report. The Board shall indicate in each such report the progress made toward meeting the priorities identified in the strategic plan in effect under section 1123(c) of this title (3) Availability of resources of Department of Commerce The Secretary shall make available to the Board such information, personnel, and administrative services and assistance as it may reasonably require to carry out its duties under this subchapter. (c) Membership, terms, and powers (1) The Board shall consist of 15 voting members who shall be appointed by the Secretary. The Director and a director of a sea grant program who is elected by the various directors of sea grant programs shall serve as nonvoting members of the Board. Not less than 8 of the voting members of the Board shall be individuals who, by reason of knowledge, experience, or training, are especially qualified in one or more of the disciplines and fields included in marine science. The other voting members shall be individuals who, by reason of knowledge, experience, or training, are especially qualified in, or representative of, education, marine affairs and resource management, coastal management, extension services, State government, industry, economics, planning, or any other activity which is appropriate to, and important for, any effort to enhance the understanding, assessment, development, management, utilization, or conservation of ocean, coastal, and Great Lakes resources. No individual is eligible to be a voting member of the Board if the individual is (A) the director of a sea grant college or sea grant institute; (B) an applicant for, or beneficiary (as determined by the Secretary) of, any grant or contract under section 1124 of this title (2) The term of office of a voting member of the Board shall be 3 years for a member appointed before November 26, 2002 November 26, 2002 November 26, 2002 (3) Any individual appointed to a partial or full term may be reappointed for one additional full term. The Director may extend the term of office of a voting member of the Board once by up to 1 year. (4) The Board shall select one voting member to serve as the Chairman and another voting member to serve as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of the Chairman. (5) Voting members of the Board shall (A) receive compensation at a rate established by the Secretary, not to exceed the maximum daily rate payable under section 5376 of title 5 (B) be reimbursed for actual and reasonable expenses incurred in the performance of such duties. (6) The Board shall meet on a biannual basis and, at any other time, at the call of the Chairman or upon the request of a majority of the voting members or of the Director. (7) The Board may exercise such powers as are reasonably necessary in order to carry out its duties under subsection (b). (8) The Board may establish such subcommittees as are reasonably necessary to carry out its duties under subsection (b). Such subcommittees may include individuals who are not Board members. ( Pub. L. 89454, title II,  209 Pub. L. 94461,  2 Oct. 8, 1976 90 Stat. 1967 Pub. L. 96289,  1(5) June 28, 1980 94 Stat. 605 Pub. L. 100220, title III Dec. 29, 1987 101 Stat. 1471 Pub. L. 102186 Dec. 4, 1991 105 Stat. 1283 Pub. L. 105160 Mar. 6, 1998 112 Stat. 22 Pub. L. 107299,  6 Nov. 26, 2002 116 Stat. 2346 Pub. L. 110394,  9(a)(4)(A) Oct. 13, 2008 122 Stat. 4208 Pub. L. 116221 Dec. 18, 2020 134 Stat. 1058  Editorial Notes Amendments 2020Subsec. (b)(2). Pub. L. 116221,  5 section 1123(c) of this title Subsec. (b)(3). Pub. L. 116221,  11(2) 2008 Pub. L. 110394,  9(a)(4)(A) Subsec. (a). Pub. L. 110394,  9(a)(4)(A) Subsec. (b). Pub. L. 110394,  9(b) Subsec. (c). Pub. L. 110394,  9(a)(4)(C)(iii) Subsec. (c)(1). Pub. L. 110394,  9(c) Subsec. (c)(3). Pub. L. 110394,  9(d) Subsec. (c)(8). Pub. L. 110394,  9(e) 2002Subsec. (c)(2). Pub. L. 107299 1998Subsec. (a). Pub. L. 105160,  8(a) October 8, 1976 October 8, 1976 Subsec. (b). Pub. L. 105160 Subsec. (b)(1). Pub. L. 105160,  8(b)(2) section 1124a of this title Subsec. (b)(3). Pub. L. 105160,  8(b)(3) Subsec. (c)(1)(A). Pub. L. 105160,  8(c)(1) Subsec. (c)(5)(A). Pub. L. 105160,  8(c)(2) section 5332 of title 5 1991Subsec. (b)(1). Pub. L. 102186,  4(b)(1)(E) Subsec. (c)(1). Pub. L. 102186 1987Subsec. (b). Pub. L. 100220,  3108(1) section 1124a of this title Subsec. (c)(1). Pub. L. 100220 Subsec. (c)(2). Pub. L. 100220,  3108(2)(C) Subsec. (c)(3). Pub. L. 100220,  3108(2)(D) 1980Subsec. (c)(3). Pub. L. 96289 Statutory Notes and Related Subsidiaries  Change of Name Pub. L. 110394,  9(a)(1) Oct. 13, 2008 122 Stat. 4207  (1)  Redesignation The sea grant review panel established by section 209 of the National Sea Grant College Program Act ( 33 U.S.C. 1128 Oct. 13, 2008 (2)  Membership not affected An individual serving as a member of the sea grant review panel immediately before date of the enactment of this Act may continue to serve as a member of the National Sea Grant Advisory Board until the expiration of such members term under section 209(c) of such Act ( 33 U.S.C. 1128(c) (3)  References Any reference in a law, map, regulation, document, paper, or other record of the United States to such sea grant review panel is deemed to be a reference to the National Sea Grant Advisory Board.  1129. Interagency cooperation Each department, agency, or other instrumentality of the Federal Government which is engaged in or concerned with, or which has authority over, matters relating to ocean, coastal, and Great Lakes resources (1) may, upon a written request from the Secretary, make available, on a reimbursable basis or otherwise any personnel (with their consent and without prejudice to their position and rating), service, or facility which the Secretary deems necessary to carry out any provision of this subchapter; (2) shall, upon a written request from the Secretary, furnish any available data or other information which the Secretary deems necessary to carry out any provision of this subchapter; and (3) shall cooperate with the Administration and duly authorized officials thereof. ( Pub. L. 89454, title II,  210 Pub. L. 94461,  2 Oct. 8, 1976 90 Stat. 1968 Pub. L. 100220, title III,  3104(b)(1)(G) Dec. 29, 1987 101 Stat. 1471  Editorial Notes Amendments 1987 Pub. L. 100220  1130. Repealed. Pub. L. 102186,  5(a) Dec. 4, 1991 105 Stat. 1283   Section, Pub. L. 89454, title II,  211 Pub. L. 94461,  2 Oct. 8, 1976 90 Stat. 1968 Pub. L. 95428 Oct. 7, 1978 92 Stat. 999 Pub. L. 100220, title III,  3109 Dec. 29, 1987 101 Stat. 1473  1131. Authorization of appropriations (a) Authorization (1) In general There are authorized to be appropriated to the Secretary to carry out this subchapter (A) $87,520,000 for fiscal year 2021; (B) $91,900,000 for fiscal year 2022; (C) $96,500,000 for fiscal year 2023; (D) $101,325,000 for fiscal year 2024; and (E) $105,700,000 for fiscal year 2025. (2) Priority activities for fiscal years 2021 through 2025 In addition to the amounts authorized to be appropriated under paragraph (1), there are authorized to be appropriated $6,000,000 for each of fiscal years 2021 through 2025 for competitive grants for the following: (A) University research on the biology, prevention, and control of aquatic nonnative species. (B) University research on oyster diseases, oyster restoration, and oyster-related human health risks. (C) University research on the biology, prevention, and forecasting of harmful algal blooms. (D) University research, education, training, and extension services and activities focused on coastal resilience and United States working waterfronts and other regional or national priority issues identified in the strategic plan under section 1123(c)(1) of this title (E) University research and extension on sustainable aquaculture techniques and technologies. (F) Fishery research and extension activities conducted by sea grant colleges or sea grant institutes to enhance, and not supplant, existing core program funding. (b) Limitations (1) Administration (A) In general There may not be used for administration of programs under this subchapter in a fiscal year more than 5.5 percent of the lesser of (i) the amount authorized to be appropriated under this subchapter for the fiscal year; or (ii) the amount appropriated under this subchapter for the fiscal year. (B) Critical staffing requirements (i) In general The Director shall use the authority under subchapter VI of chapter 33 of title 5, and under section 1129 of this title (ii) Exception from cap For purposes of subparagraph (A), any costs incurred as a result of an exercise of authority as described in clause (i) shall not be considered an amount used for administration of programs under this subchapter in a fiscal year. (2) Use for other offices or programs Sums appropriated under the authority of subsection (a)(2) shall not be available for administration of this subchapter by the National Sea Grant Office, for any other Administration or department program, or for any other administrative expenses. (c) Availability of sums Sums appropriated pursuant to this section shall remain available until expended. (d) Reversion of unobligated amounts The amount of any grant, or portion of a grant, made to a person under any section of this subchapter that is not obligated by that person during the first fiscal year for which it was authorized to be obligated or during the next fiscal year thereafter shall revert to the Secretary. The Secretary shall add that reverted amount to the funds available for grants under the section for which the reverted amount was originally made available. ( Pub. L. 89454, title II,  212 Pub. L. 94461,  2 Oct. 8, 1976 90 Stat. 1968 Pub. L. 9558,  1 June 29, 1977 91 Stat. 254 Pub. L. 95428,  3(5) Oct. 7, 1978 92 Stat. 1000 Pub. L. 96289,  1(6) June 28, 1980 94 Stat. 605 Pub. L. 98623, title V,  501(a) Nov. 8, 1984 98 Stat. 3410 Pub. L. 100220, title III,  3110 Dec. 29, 1987 101 Stat. 1474 Pub. L. 102186,  3 Dec. 4, 1991 105 Stat. 1282 Pub. L. 105160,  9(a) Mar. 6, 1998 112 Stat. 26 Pub. L. 107299,  7 Nov. 26, 2002 116 Stat. 2347 Pub. L. 110394,  10 Oct. 13, 2008 122 Stat. 4209 Pub. L. 116221,  9(a) Dec. 18, 2020 134 Stat. 1060  Editorial Notes  References in Text This subchapter, referred to in subsec. (e), was in the original this Act and was translated as reading this title meaning title II of Pub. L. 89454 Amendments 2020Subsec. (a)(1). Pub. L. 116221,  9(a)(1) Subsec. (a)(2). Pub. L. 116221,  9(a)(2) Subsec. (b)(1). Pub. L. 116221,  9(b) Subsecs. (c) to (e). Pub. L. 116221,  9(c)(2) 2008Subsec. (a)(1). Pub. L. 110394,  10(1) Subsec. (a)(2). Pub. L. 110394,  10(2)(A) Subsec. (a)(2)(A). Pub. L. 110394,  10(2)(B) Subsec. (a)(2)(C). Pub. L. 110394,  10(2)(C) Subsec. (c)(1). Pub. L. 110394,  10(3) section 1123(d)(3)(A) of this title Subsec. (c)(2). Pub. L. 110394,  10(4) section 1123(b)(4) of this title 2002Subsecs. (a) to (c). Pub. L. 107299 1998Subsec. (a). Pub. L. 105160,  9(a) section 1124a of this title (1) for fiscal year 1991, not to exceed $44,398,000; (2) for fiscal year 1992, not to exceed $46,014,000; (3) for fiscal year 1993, not to exceed $47,695,000; (4) for fiscal year 1994, not to exceed $49,443,000; and (5) for fiscal year 1995, not to exceed $51,261,000. Subsec. (b). Pub. L. 105160,  9(b) section 1128 of this title (A) for fiscal year 1991, not to exceed $2,500,000; (B) for fiscal year 1992, not to exceed $2,600,000; (C) for fiscal year 1993, not to exceed $2,700,000; (D) for fiscal year 1994, not to exceed $2,800,000; and (E) for fiscal year 1995, not to exceed $2,900,000. 1991Subsecs. (a) to (c). Pub. L. 102186 (a) There is authorized to be appropriated to carry out the provisions of this subchapter other than sections 1125 and 1130 of this title, an amount (1) for fiscal year 1988, not to exceed $41,500,000; (2) for fiscal year 1989, not to exceed $50,500,000; and (3) for fiscal year 1990, not to exceed $51,000,000. (b) There is authorized to be appropriated to carry out section 1125 of this title section 1127(c) of this title (1) for fiscal year 1988, not to exceed $500,000; (2) for fiscal year 1989, not to exceed $5,000,000; and (3) for fiscal year 1990, not to exceed $10,000,000. (c) There is authorized to be appropriated to carry out section 1130 of this title (1) for fiscal year 1988, not to exceed $2,000,000; (2) for fiscal year 1989, not to exceed $2,500,000; and (3) for fiscal year 1990, not to exceed $3,000,000. 1987 Pub. L. 100220 1984Par. (4). Pub. L. 98623 1980Par. (3). Pub. L. 96289 1978 Pub. L. 95428 Sept. 30, 1977 1977 Pub. L. 9558 September 30, 1977 September 30, 1978 September 30, 1977 Statutory Notes and Related Subsidiaries Notice of Reprogramming Pub. L. 105160,  9(c) Mar. 6, 1998 112 Stat. 26 If any funds authorized by this section are subject to a reprogramming action that requires notice to be provided to the Appropriations Committees of the House of Representatives and the Senate, notice of such action shall concurrently be provided to the Committees on Science [now Science, Space, and Technology] and Resources [now Natural Resources] of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. SUBCHAPTER III YOUNG FISHERMENS DEVELOPMENT  Editorial Notes Codification This subchapter was enacted as part of the Young Fishermens Development Act, and not as part of titles I and II of Pub. L. 89454  1141. Definitions In this subchapter: (1) Sea Grant Institution The term Sea Grant Institution means a sea grant college or sea grant institute, as those terms are defined in section 1122 of this title (2) Tribal organization The term Tribal organization has the meaning given the term tribal organization in section 5304 of title 25 (3) Young fisherman The term young fisherman means an individual who (A) desires to participate in the commercial fisheries of the United States, including the Great Lakes fisheries; (B) has worked as a captain, crew member, or deckhand on a commercial fishing vessel for not more than 10 years of cumulative service; or (C) is a beginning commercial fisherman. ( Pub. L. 116289,  2 Jan. 5, 2021 134 Stat. 4886  Editorial Notes Codification Section was enacted as part of the Young Fishermens Development Act, and not as part of titles I and II of Pub. L. 89454  1142. Establishment of program  The Secretary of Commerce, acting through the National Sea Grant Office, shall establish a program to provide training, education, outreach, and technical assistance initiatives for young fishermen, to be known as the Young Fishermens Development Grant Program (referred to in this section 1 1 ( Pub. L. 116289,  3 Jan. 5, 2021 134 Stat. 4886  Editorial Notes Codification Section was enacted as part of the Young Fishermens Development Act, and not as part of titles I and II of Pub. L. 89454  1143. Grants (a) In general In carrying out the Program, the Secretary shall make competitive grants to support new and established local and regional training, education, outreach, and technical assistance initiatives for young fishermen, including programs, workshops, and services relating to (1) seamanship, navigation, electronics, and safety; (2) vessel and engine care, maintenance, and repair; (3) innovative conservation fishing gear engineering and technology; (4) sustainable fishing practices; (5) entrepreneurship and good business practices; (6) direct marketing, supply chain, and traceability; (7) financial and risk management, including vessel, permit, and quota purchasing; (8) State and Federal legal requirements for specific fisheries, including reporting, monitoring, licenses, and regulations; (9) State and Federal fisheries policy and management; (10) mentoring, apprenticeships, or internships; and (11) any other activities, opportunities, or programs, as the Secretary determines appropriate. (b) Eligibility (1) Applicants To be eligible to receive a grant under the Program, a recipient shall be a collaborative State, Tribal, local, or regionally based network or partnership of public or private entities, which may include (A) a Sea Grant Institution; (B) a Federal or State agency or a Tribal organization; (C) a community-based nongovernmental organization; (D) fishermens cooperatives or associations; (E) an institution of higher education (including an institution awarding an associates degree), or a foundation maintained by an institution of higher education; or (F) any other appropriate entity, as the Secretary determines appropriate. (2) Participants All young fishermen seeking to participate in the commercial fisheries of the United States and the Great Lakes are eligible to participate in the activities funded through grants provided for in this section, except that participants in such activities shall be selected by each grant recipient. (c) Maximum term and amount of grant (1) In general A grant under this section shall (A) have a term of no more than 3 fiscal years; and (B) be in an amount that is not more than $200,000 for each fiscal year. (2) Consecutive grants An eligible recipient may receive consecutive grants under this section. (d) Matching requirement To be eligible to receive a grant under this section, a recipient shall provide a match in the form of cash or in-kind contributions from the recipient in the amount equal to or greater than 25 percent of the funds provided by the grant. (e) Regional balance In making grants under this section, the Secretary shall, to the maximum extent practicable, ensure geographic diversity. (f) Cooperation and evaluation criteria In carrying out this section and in developing criteria for evaluating grant applications, the Secretary shall consult, to the maximum extent practicable, with (1) Sea Grant Institutions and extension agents of such institutions; (2) community-based nongovernmental fishing organizations; (3) Federal and State agencies, including Regional Fishery Management Councils established under the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1851 1 1 (4) institutions of higher education with fisheries expertise and programs; and (5) partners, as the Secretary determines. (g) Prohibition A grant under this section may not be used to purchase any fishing license, permit, quota, or other harvesting right. ( Pub. L. 116289,  4 Jan. 5, 2021 134 Stat. 4886  Editorial Notes  References in Text The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (f)(3), is Pub. L. 94265 Apr. 13, 1976 90 Stat. 331 section 1801 of Title 16 Codification Section was enacted as part of the Young Fishermens Development Act, and not as part of titles I and II of Pub. L. 89454  1144. Funding (a) Authorizations There are authorized to be appropriated to carry out this subchapter $2,000,000 for each of fiscal years 2022 through 2026. (b) Derivation Funds to carry out the activities under this subchapter shall be derived from amounts authorized to be appropriated pursuant to the preceding subsection that are enacted after January 5, 2021 ( Pub. L. 116289,  5 Jan. 5, 2021 134 Stat. 4888  Editorial Notes Codification Section was enacted as part of the Young Fishermens Development Act, and not as part of titles I and II of Pub. L. 89454 CHAPTER 23 POLLUTION CONTROL OF NAVIGABLE WATERS  1151 to 1165. Omitted  Editorial Notes Codification Sections 1151 to 1165 of this title were omitted as superseded by Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 816 Section 1151, acts June 30, 1948, ch. 758,  1 62 Stat. 1155 July 9, 1956, ch. 518,  1 70 Stat. 498 July 20, 1961 Pub. L. 8788,  1(a) 75 Stat. 204 Oct. 2, 1965 Pub. L. 89234,  1(a) 79 Stat. 903 May 10, 1966 80 Stat. 1608 Dec. 2, 1970 84 Stat. 2087 Section 1152, act June 30, 1948, ch. 758,  2 Oct. 2, 1965 Pub. L. 89234,  2(a) 79 Stat. 903 May 10, 1966 80 Stat. 1608 Apr. 3, 1970 Pub. L. 91224, title I,  110(a) 84 Stat. 113 Dec. 2, 1970 84 Stat. 2086 Section 1153, acts June 30, 1948, ch. 758,  3 62 Stat. 1155 July 9, 1956, ch. 518,  1 70 Stat. 498 July 20, 1961 Pub. L. 8788 75 Stat. 204 Oct. 2, 1965 Pub. L. 89234,  2(a) 79 Stat. 903 Nov. 3, 1966 Pub. L. 89753, title I,  101 80 Stat. 1246 Dec. 2, 1970 84 Stat. 2086 Section 1154, acts June 30, 1948, ch. 758,  4 62 Stat. 1157 July 9, 1956, ch. 518,  1 70 Stat. 498 July 20, 1961 Pub. L. 8788,  1(b) 75 Stat. 204 Oct. 2, 1965 Pub. L. 89234,  2(a) 79 Stat. 903 Dec. 2, 1970 84 Stat. 2086 Section 1155, acts June 30, 1948, ch. 758,  5 62 Stat. 1158 July 9, 1956, ch. 518,  1 70 Stat. 499 July 20, 1961 Pub. L. 8788 75 Stat. 204 Oct. 2, 1965 Pub. L. 89234,  2(a) 79 Stat. 903 May 10, 1966 80 Stat. 1608 Nov. 3, 1966 Pub. L. 89753, title II,  201(b) 80 Stat. 1247 Apr. 3, 1970 Pub. L. 91224, title I,  105 84 Stat. 111 Dec. 2, 1970 84 Stat. 2086 Oct. 13, 1971 Pub. L. 92137,  1 85 Stat. 379 Mar. 1, 1972 Pub. L. 92240,  1 86 Stat. 47 Section 1156, act June 30, 1948, ch. 758,  6 Oct. 2, 1965 Pub. L. 89234,  3 79 Stat. 905 Nov. 3, 1966 Pub. L. 89753, title II,  201(a) 80 Stat. 1246 Apr. 3, 1970 Pub. L. 91224, title I,  106 84 Stat. 113 Dec. 2, 1970 84 Stat. 2087 Section 1157, acts June 30, 1948, ch. 758,  7 62 Stat. 1158 July 9, 1956, ch. 518,  1 70 Stat. 499 June 25, 1959 Pub. L. 8670,  28(a) 73 Stat. 148 July 12, 1960 Pub. L. 86624,  23(a) 74 Stat. 417 July 20, 1961 Pub. L. 8788 75 Stat. 204 Oct. 2, 1965 Pub. L. 89234 79 Stat. 903 Nov. 3, 1966 Pub. L. 89753, title II,  202 80 Stat. 1248 Dec. 2, 1970 84 Stat. 2086 July 9, 1971 Pub. L. 9250,  2 85 Stat. 124 Oct. 13, 1971 Pub. L. 92137,  3 85 Stat. 379 Mar. 1, 1972 Pub. L. 92240,  2 86 Stat. 47 Section 1158, acts June 30, 1948, ch. 758,  8 62 Stat. 1158 July 9, 1956, ch. 518,  1 70 Stat. 502 July 20, 1961 Pub. L. 8788 75 Stat. 204 Oct. 2, 1965 Pub. L. 89234 79 Stat. 903 Nov. 3, 1966 Pub. L. 89753, title II 80 Stat. 12481250 Apr. 3, 1970 Pub. L. 91224, title I,  111 84 Stat. 113 July 1, 1970 84 Stat. 2085 Dec. 2, 1970 84 Stat. 2087 July 9, 1971 Pub. L. 9250,  3 85 Stat. 124 Oct. 13, 1971 Pub. L. 92137,  4 85 Stat. 379 Mar. 1, 1972 Pub. L. 92240,  3 86 Stat. 48 Section 1159, acts June 30, 1948, ch. 758,  9 62 Stat. 1159 July 17, 1952, ch. 927 66 Stat. 755 July 9, 1956, ch. 518,  1 70 Stat. 503 July 20, 1961 Pub. L. 8788 75 Stat. 204 Oct. 2, 1965 Pub. L. 89234,  2(a) 79 Stat. 903 May 10, 1966 80 Stat. 1608 Dec. 3, 1970 84 Stat. 2087 Section 1160, acts June 30, 1948, ch. 758,  10 62 Stat. 1159 July 17, 1952, ch. 927 66 Stat. 755 July 9, 1956, ch. 518,  1 70 Stat. 504 July 20, 1961 Pub. L. 8788 75 Stat. 204 Oct. 2, 1965 Pub. L. 89234 79 Stat. 903 May 10, 1966 80 Stat. 1608 Nov. 3, 1966 Pub. L. 89753, title II 80 Stat. 1250 Apr. 3, 1970 Pub. L. 91224, title I,  112 84 Stat. 114 Dec. 2, 1970 84 Stat. 2087 Section 1161, act June 30, 1948, ch. 758,  11 Apr. 3, 1970 Pub. L. 91224, title I,  102 84 Stat. 91 Dec. 2, 1970 84 Stat. 2087 Dec. 31, 1970 Pub. L. 91611, title I,  120 84 Stat. 1823 Section 1162, act June 30, 1948, ch. 758,  12 Apr. 3, 1970 Pub. L. 91224, title I,  102 84 Stat. 98 Section 1163, act June 30, 1948, ch. 758,  13 Apr. 3, 1970 Pub. L. 91224, title I,  102 84 Stat. 100 Dec. 2, 1970 84 Stat. 2087 Section 1164, act June 30, 1948, ch. 758,  14 Apr. 3, 1970 Pub. L. 91224, title I,  102 84 Stat. 103 Dec. 2, 1970 84 Stat. 2087 Section 1165, act June 30, 1948, ch. 758,  15 Apr. 3, 1970 Pub. L. 91224, title I,  102 84 Stat. 104 Dec. 2, 1970 84 Stat. 2087  1165a. Transferred  Editorial Notes Codification Section transferred to section 1293a of this title  1166 to 1175. Omitted  Editorial Notes Codification Sections 1166 to 1175 of this title were omitted as superseded by Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 816 Section 1166, act June 30, 1948, ch. 758,  16 Pub. L. 91224, title I,  102 Apr. 3, 1970 84 Stat. 104 Dec. 2, 1970 84 Stat. 2087 Section 1167, act June 30, 1948, ch. 758,  17 Pub. L. 91224, title I,  102 Apr. 3, 1970 84 Stat. 105 Dec. 3, 1970 84 Stat. 2087 A prior section 17 of act June 30, 1948 section 466m of this title Pub. L. 91224 Apr. 3, 1970 84 Stat. 91 June 30, 1948 Pub. L. 91224 Section 1168, act June 30, 1948, ch. 758,  18 Pub. L. 91224, title I,  102 Apr. 3, 1970 84 Stat. 105 Dec. 2, 1970 84 Stat. 2087 A prior section 18 of act June 30, 1948 section 466n of this title Pub. L. 91224, title I,  102 Apr. 3, 1970 84 Stat. 91 June 30, 1948 Pub. L. 91224 Section 1169, act June 30, 1948, ch. 758,  19 Pub. L. 91224, title I,  102 Apr. 3, 1970 84 Stat. 106 Dec. 2, 1970 84 Stat. 2087 Section 1170, act June 30, 1948, ch. 758,  20 Pub. L. 91224, title I,  102 Apr. 3, 1970 84 Stat. 107 Dec. 2, 1970 84 Stat. 2087 Section 1171, act June 30, 1948, ch. 758,  21 62 Stat. 1160 July 9, 1956, ch. 518,  1 70 Stat. 506 Pub. L. 8788,  8 July 20, 1961 75 Stat. 210 Pub. L. 89234 Oct. 2, 1965 79 Stat. 903 May 10, 1966 80 Stat. 1608 Pub. L. 91224, title I Apr. 3, 1970 84 Stat. 91 Dec. 2, 1970 84 Stat. 2087 Section 1172, act June 30, 1948, ch. 758,  22 62 Stat. 1160 July 9, 1956, ch. 518,  1 70 Stat. 506 Pub. L. 8788,  1(b) July 20, 1961 75 Stat. 204 Pub. L. 89234 Oct. 2, 1965 79 Stat. 903 May 10, 1966 80 Stat. 1608 Pub. L. 91224, title I Apr. 3, 1970 84 Stat. 91 Dec. 2, 1970 84 Stat. 2087 Section 1173, act June 30, 1948, ch. 758,  23 62 Stat. 1161 July 9, 1956, ch. 518,  1 70 Stat. 506 Pub. L. 8670,  28(b) June 25, 1959 73 Stat. 148 Pub. L. 86624,  23(b) July 12, 1960 74 Stat. 418 Pub. L. 8788,  9 July 20, 1961 75 Stat. 210 Pub. L. 89234,  2(a) Oct. 2, 1965 79 Stat. 903 Pub. L. 89753, title II,  209 Nov. 3, 1966 80 Stat. 1251 Pub. L. 91224, title I,  102 Apr. 3, 1970 84 Stat. 91 Section 1174, act June 30, 1948, ch. 758,  24 July 9, 1956, ch. 518,  1 70 Stat. 506 Pub. L. 89234,  2(a) Oct. 2, 1965 79 Stat. 903 Pub. L. 91224 Apr. 3, 1970 84 Stat. 91 Section 1175, act June 30, 1948, ch. 758,  26 Pub. L. 89753, title II,  210 Nov. 3, 1966 80 Stat. 1252 Pub. L. 91224, title I,  102 Apr. 3, 1970 84 Stat. 91 Dec. 2, 1970 84 Stat. 2087 CHAPTER 24 VESSEL BRIDGE-TO-BRIDGE COMMUNICATION    Sec.  1201. Statement of purpose.  1202. Definitions.  1203. Radiotelephone requirement.  1204. Radiotelephone for exclusive use of master, person in charge, or pilot; frequency listening watch; portable radiotelephone equipment.  1205. Radiotelephone capability; maintenance; restoration; consequences of loss: navigation of vessel.  1206. Exemptions; terms and conditions.  1207. Regulations.  1208. Penalties.  1201. Statement of purpose  It is the purpose of this chapter to provide a positive means whereby the operators of approaching vessels can communicate their intentions to one another through voice radio, located convenient to the operators navigation station. To effectively accomplish this, there is need for a specific frequency or frequencies dedicated to the exchange of navigational information, on navigable waters of the United States. ( Pub. L. 9263,  2 Aug. 4, 1971 85 Stat. 164  Statutory Notes and Related Subsidiaries Short Title Pub. L. 9263,  1 Aug. 4, 1971 85 Stat. 164 That this Act [enacting this chapter] may be cited as the Vessel Bridge-to-Bridge Radiotelephone Act. Effective Date Pub. L. 9263,  10 Aug. 4, 1971 85 Stat. 165 This Act [enacting this chapter] shall become effective May 1, 1971  1202. Definitions For the purpose of this chapter (1) Secretary means the Secretary of the Department in which the Coast Guard is operating; (2) power-driven vessel means any vessel propelled by machinery; and (3) towing vessel means any commercial vessel engaged in towing another vessel astern, alongside, or by pushing ahead. ( Pub. L. 9263,  3 Aug. 4, 1971 85 Stat. 164  Statutory Notes and Related Subsidiaries Effective Date Section effective May 1, 1971 section 10 of Pub. L. 9263 section 1201 of this title  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 section 542 of Title 6  1203. Radiotelephone requirement (a) Vessel coverage; exchange of navigational information Except as provided in section 1206 of this title (1) every power-driven vessel of twenty meters or over in length while navigating; (2) every vessel of one hundred gross tons as measured under section 14502 of title 46 (3) every towing vessel of twenty-six feet or over in length while navigating; and (4) every dredge and floating plant engaged in or near a channel or fairway in operations likely to restrict or affect navigation of other vessels shall have a radiotelephone capable of operation from its navigational bridge or, in the case of a dredge, from its main control station and capable of transmitting and receiving on the frequency or frequencies within the 156162 Mega-Hertz band using the classes of emissions designated by the Federal Communications Commission, after consultation with other cognizant agencies, for the exchange of navigational information. (b) Vessels upon navigable waters of United States inside high seas lines The radiotelephone required by subsection (a) shall be carried on board the described vessels, dredges, and floating plants upon the navigable waters of the United States, which includes all waters of the territorial sea of the United States as described in Presidential Proclamation 5928 of December 27, 1988 ( Pub. L. 9263,  4 Aug. 4, 1971 85 Stat. 164 Pub. L. 102241,  16 Dec. 19, 1991 105 Stat. 2213 Pub. L. 104324, title VII,  704 Oct. 19, 1996 110 Stat. 3933 Pub. L. 107295, title III,  321 Nov. 25, 2002 116 Stat. 2103  Editorial Notes  References in Text Presidential Proclamation 5928 of December 27, 1988 section 1331 of Title 43 Amendments 2002Subsec. (b). Pub. L. 107295 December 27, 1988 section 151 of this title 1996Subsec. (a)(2). Pub. L. 104324 section 14502 of title 46 1991Subsec. (a)(1). Pub. L. 102241 Statutory Notes and Related Subsidiaries Effective Date Section effective May 1, 1971 section 10 of Pub. L. 9263 section 1201 of this title Vessel Communication Equipment Regulations Pub. L. 101380, title IV,  4118 Aug. 18, 1990 104 Stat. 523  The Secretary shall, not later than one year after the date of the enactment of this Act [ Aug. 18, 1990 33 U.S.C. 1203 (1) receive radio marine navigation safety warnings; and (2) engage in radio communications on designated frequencies with the Coast Guard, and such other vessels and stations as may be specified by the Secretary.  1204. Radiotelephone for exclusive use of master, person in charge, or pilot; frequency listening watch; portable radiotelephone equipment  The radiotelephone required by this chapter is for the exclusive use of the master or person in charge of the vessel, or the person designated by the master or person in charge to pilot or direct the movement of the vessel, who shall maintain a listening watch on the designated frequency. Nothing contained herein shall be interpreted as precluding the use of portable radiotelephone equipment to satisfy the requirements of this chapter. ( Pub. L. 9263,  5 Aug. 4, 1971 85 Stat. 165  Statutory Notes and Related Subsidiaries Effective Date Section effective May 1, 1971 section 10 of Pub. L. 9263 section 1201 of this title  1205. Radiotelephone capability; maintenance; restoration; consequences of loss: navigation of vessel  Whenever radiotelephone capability is required by this chapter, a vessels radiotelephone equipment shall be maintained in effective operating condition. If the radiotelephone equipment carried aboard a vessel ceases to operate, the master shall exercise due diligence to restore it or cause it to be restored to effective operating condition at the earliest practicable time. The failure of a vessels radiotelephone equipment shall not, in itself, constitute a violation of this chapter, nor shall it obligate the master of any vessel to moor or anchor his vessel; however, the loss of radiotelephone capability shall be given consideration in the navigation of the vessel. ( Pub. L. 9263,  6 Aug. 4, 1971 85 Stat. 165  Statutory Notes and Related Subsidiaries Effective Date Section effective May 1, 1971 section 10 of Pub. L. 9263 section 1201 of this title  1206. Exemptions; terms and conditions  The Secretary may, if he considers that marine navigational safety will not be adversely affected or where a local communication system fully complies with the intent of this concept but does not conform in detail, issue exemptions from any provisions of this chapter, on such terms and conditions as he considers appropriate. ( Pub. L. 9263,  7 Aug. 4, 1971 85 Stat. 165  Statutory Notes and Related Subsidiaries Effective Date Section effective May 1, 1971 section 10 of Pub. L. 9263 section 1201 of this title  1207. Regulations (a) Operating and technical conditions and characteristics; frequencies, emission, and power of radiotelephone equipment The Federal Communications Commission shall, after consultation with other cognizant agencies, prescribe regulations necessary to specify operating and technical conditions and characteristics including frequencies, emission, and power of radiotelephone equipment required under this chapter. (b) Enforcement The Secretary shall, subject to the concurrence of the Federal Communications Commission, prescribe regulations for the enforcement of this chapter. ( Pub. L. 9263,  8 Aug. 4, 1971 85 Stat. 165  Statutory Notes and Related Subsidiaries Effective Date Section effective May 1, 1971 section 10 of Pub. L. 9263 section 1201 of this title  1208. Penalties (a) Master, person in charge, or pilot subject to penalty Whoever, being the master or person in charge of a vessel subject to this chapter, fails to enforce or comply with this chapter or the regulation, hereunder; or Whoever, being designated by the master or person in charge of a vessel subject to this chapter to pilot or direct the movement of the vessel, fails to enforce or comply with this chapter or the regulations hereunder Is liable to a civil penalty of not more than $500 to be assessed by the Secretary. (b) Vessels subject to penalty; jurisdiction Every vessel navigating in violation of this chapter or the regulations hereunder is liable to a civil penalty of not more than $500 to be assessed by the Secretary for which the vessel may be proceeded against in any district court of the United States having jurisdiction. (c) Remission or mitigation Any penalty assessed under this section may be remitted or mitigated by the Secretary upon such terms as he may deem proper. ( Pub. L. 9263,  9 Aug. 4, 1971 85 Stat. 165  Statutory Notes and Related Subsidiaries Effective Date Section effective May 1, 1971 section 10 of Pub. L. 9263 section 1201 of this title CHAPTER 25 PORTS AND WATERWAYS SAFETY PROGRAM  1221 to 1223. Repealed. Pub. L. 115282, title IV,  402(e) Dec. 4, 2018 132 Stat. 4264   Section 1221, Pub. L. 92340,  2 July 10, 1972 86 Stat. 424 Pub. L. 95474,  2 Oct. 17, 1978 92 Stat. 1471 Pub. L. 107295, title IV,  443(1) Nov. 25, 2002 116 Stat. 2132  Section 1222, Pub. L. 92340,  3 July 10, 1972 86 Stat. 425 Pub. L. 95474,  2 Oct. 17, 1978 92 Stat. 1471 Pub. L. 105383, title III,  301(a) Nov. 13, 1998 112 Stat. 3417 Pub. L. 108293, title III,  304 Aug. 9, 2004 118 Stat. 1042  Section 1223, Pub. L. 92340,  4 July 10, 1972 86 Stat. 426 Pub. L. 95474,  2 Oct. 17, 1978 92 Stat. 1472 Pub. L. 101380, title IV,  4107(a) Aug. 18, 1990 104 Stat. 514 Pub. L. 104324, title VII,  705 Oct. 19, 1996 110 Stat. 3934 Pub. L. 108293, title III,  302 Aug. 9, 2004 118 Stat. 1041 Pub. L. 109241, title IX,  901(d) July 11, 2006 120 Stat. 564 Pub. L. 11544, title III,  315(b)(1) Aug. 2, 2017 131 Stat. 949 section 70001 of Title 46 Statutory Notes and Related Subsidiaries Short Title of 1986 Amendment Pub. L. 99399, title IX,  901 Aug. 27, 1986 100 Stat. 889 This title [enacting section 1226 of this title Short Title of 1978 Amendment Pub. L. 95474,  1 Oct. 17, 1978 92 Stat. 1471 That this Act [enacting sections 1225, 1228 to 1231, and 1232 of this title, amending this section, sections 1222 to 1224, 1226, and 1227 of this title, and sections 214 and 391a of Title 46, Shipping, and enacting provisions set out as notes under this section and section 1224 of this title Short Title Pub. L. 92340,  1 July 10, 1972 86 Stat. 424 Pub. L. 95474,  2 Oct. 17, 1978 92 Stat. 1471 Pub. L. 92340 Pub. L. 115282, title IV,  402(e) Dec. 4, 2018 132 Stat. 4264 Transitional and Savings Provisions For transitional and savings provisions and treatment of references to former provisions of this chapter in other laws, see section 403 of Pub. L. 115282 section 101 of Title 46 Separability Pub. L. 95474,  6(c) Oct. 17, 1978 92 Stat. 1493 If a provision of this Act [see Short Title of 1978 Amendment note above] or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act and the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby.  1223a. Transferred  Editorial Notes Codification Section, Pub. L. 92340,  4A Pub. L. 108293, title IV,  410 Aug. 9, 2004 118 Stat. 1045 section 3105 of Title 46 Pub. L. 115282, title IV,  402(a)(1)(A) Dec. 4, 2018 132 Stat. 4263  1224, 1225. Repealed. Pub. L. 115282, title IV,  402(e) Dec. 4, 2018 132 Stat. 4264   Section 1224, Pub. L. 92340,  5 July 10, 1972 86 Stat. 427 Pub. L. 95474,  2 Oct. 17, 1978 92 Stat. 1474 Pub. L. 107295, title IV,  443(2) Nov. 25, 2002 116 Stat. 2132 section 70004 of Title 46  Section 1225, Pub. L. 92340,  6 July 10, 1972 86 Stat. 427 Pub. L. 95474,  2 Oct. 17, 1978 92 Stat. 1475 section 70011 of Title 46  1226. Transferred  Editorial Notes Codification Section was comprised of Pub. L. 92340,  7 Pub. L. 99399, title IX,  906 Aug. 27, 1986 section 7 of Pub. L. 92340 section 70116 of Title 46 Pub. L. 115282, title IV,  402(b)(1) Dec. 4, 2018 132 Stat. 4264 section 7 of Pub. L. 92340 section 70103 of Title 46 Pub. L. 115282, title IV,  402(c)(1) Dec. 4, 2018 132 Stat. 4264 Pub. L. 115282, title IV,  408(a) Dec. 4, 2018 132 Stat. 4268 section 7 of Pub. L. 92340 section 70102a of Title 46 section 7 of Pub. L. 92340 section 70103 of Title 46 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4754 section 408 of Pub. L. 115282 Pub. L. 115282 Dec. 4, 2018 Prior Provisions A prior section 1226, Pub. L. 92340,  7 July 10, 1972 86 Stat. 427 Pub. L. 95474,  2 Oct. 17, 1978 92 Stat. 1475 Pub. L. 98557,  29(g) Oct. 30, 1984 98 Stat. 2875 Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4754 This section [probably means subsection] [amending this section, section 70103 of Title 46 section 312 of Title 49 section 70102a of Title 46 Public Law 115282 Dec. 4, 2018  1227 to 1231. Repealed. Pub. L. 115282, title IV,  402(e) Dec. 4, 2018 132 Stat. 4264   Section 1227, Pub. L. 92340,  8 July 10, 1972 86 Stat. 427 Pub. L. 95474,  2 Oct. 17, 1978 92 Stat. 1476 section 70035 of Title 46  Section 1228, Pub. L. 92340,  9 Pub. L. 95474,  2 Oct. 17, 1978 92 Stat. 1476 Pub. L. 101380, title IV,  4106(c) Aug. 18, 1990 104 Stat. 514 section 70021 of Title 46  Section 1229, Pub. L. 92340,  10 Pub. L. 95474,  2 Oct. 17, 1978 92 Stat. 1477 Pub. L. 98557,  29(h) Oct. 30, 1984 98 Stat. 2875 section 70032 of Title 46  Section 1230, Pub. L. 92340,  11 Pub. L. 95474,  2 Oct. 17, 1978 92 Stat. 1477 Pub. L. 105383, title III,  313 Nov. 13, 1998 112 Stat. 3424 section 70005 of Title 46  Section 1231, Pub. L. 92340,  12 Pub. L. 95474,  2 Oct. 17, 1978 92 Stat. 1477 section 70034 of Title 46  1231a. Repealed. Pub. L. 115282, title VI,  601(c)(6)(A) Dec. 4, 2018 132 Stat. 4290   Section, Pub. L. 96380 Oct. 6, 1980 94 Stat. 1521 Pub. L. 97322, title I,  118(d) Oct. 15, 1982 96 Stat. 1587 Pub. L. 98557,  16(a) Oct. 30, 1984 98 Stat. 2866 Pub. L. 101225, title I,  105(b) Dec. 12, 1989 103 Stat. 1910 Pub. L. 104324, title III,  304(c) Oct. 19, 1996 110 Stat. 3917 Pub. L. 107295, title III,  336 Nov. 25, 2002 116 Stat. 2105 Pub. L. 108293, title IV,  418(g) Aug. 9, 2004 118 Stat. 1049 Pub. L. 111281, title VI,  621(e) Oct. 15, 2010 124 Stat. 2976 section 15108 of Title 46  1232 to 1232b. Repealed. Pub. L. 115282, title IV,  402(e) Dec. 4, 2018 132 Stat. 4264   Section 1232, Pub. L. 92340,  13 Pub. L. 95474,  2 Oct. 17, 1978 92 Stat. 1478 Pub. L. 101380, title IV,  4302(j) Aug. 18, 1990 104 Stat. 539 Pub. L. 104324, title III,  312(b) Oct. 19, 1996 110 Stat. 3920 Pub. L. 11544, title III,  315(b)(2) Aug. 2, 2017 131 Stat. 949 section 70036 of Title 46  Section 1232a, Pub. L. 92340,  14 Pub. L. 101599,  2 Nov. 16, 1990 104 Stat. 3040 section 70012 of Title 46  Section 1232b, Pub. L. 92340,  15 Pub. L. 109241, title VI,  602 July 11, 2006 120 Stat. 553 section 70013 of Title 46  1232c. Transferred  Editorial Notes Codification Section, Pub. L. 92340,  16 Pub. L. 11544, title III,  315(a) Aug. 2, 2017 131 Stat. 948 section 70022 of Title 46 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4755 section 401 of Pub. L. 115282 section 402(e) of Pub. L. 115282  1233 to 1236. Repealed. Pub. L. 115282, title IV,  406(c) Dec. 4, 2018 132 Stat. 4266   Section 1233, act Apr. 28, 1908, ch. 151,  1 35 Stat. 69 Mar. 4, 1913, ch. 141,  1 37 Stat. 736 section 70041(a) of Title 46  Section 1234, act Apr. 28, 1908, ch. 151,  2 35 Stat. 69 Mar. 4, 1913, ch. 141,  1 37 Stat. 736 section 70041(b) of Title 46  Section 1235, act Apr. 28, 1908, ch. 151,  3 35 Stat. 69 Mar. 4, 1913, ch. 141,  1 37 Stat. 736 section 70041(c) of Title 46  Section 1236, act Apr. 28, 1908, ch. 151,  4 35 Stat. 69 Mar. 4, 1913, ch. 141,  1 37 Stat. 736 Pub. L. 101380, title IV,  4302(k) Aug. 18, 1990 104 Stat. 539 section 70041(d) of Title 46 CHAPTER 26 WATER POLLUTION PREVENTION AND CONTROL    SUBCHAPTER IRESEARCH AND RELATED PROGRAMS  Sec.  1251. Congressional declaration of goals and policy.  1252. Comprehensive programs for water pollution control.  1252a. Reservoir projects, water storage; modification; storage for other than for water quality, opinion of Federal agency, committee resolutions of approval; provisions inapplicable to projects with certain prescribed water quality benefits in relation to total project benefits.  1253. Interstate cooperation and uniform laws.  1254. Research, investigations, training, and information.  1254a. Research on effects of pollutants.  1255. Grants for research and development.  1256. Grants for pollution control programs.  1257. Mine water pollution control demonstrations.  1257a. State demonstration programs for cleanup of abandoned mines for use as waste disposal sites; authorization of appropriations.  1258. Pollution control in the Great Lakes.  1259. Training grants and contracts.  1260. Applications; allocation.  1261. Scholarships.  1262. Definitions and authorizations.  1263. Alaska village demonstration projects.  1263a. Grants to Alaska to improve sanitation in rural and Native villages.  1264. Omitted.  1265. In-place toxic pollutants.  1266. Hudson River reclamation demonstration project.  1267. Chesapeake Bay.  1268. Great Lakes.  1268a. Great Lakes restoration activities report.  1269. Long Island Sound.  1270. Lake Champlain Basin Program.  1271. Sediment survey and monitoring.  1271a. Research and development program.  1272. Environmental dredging.  1273. Lake Pontchartrain Basin.  1274. Watershed pilot projects.  1275. Columbia River Basin Restoration.  1276. Enhanced aquifer use and recharge.  1276a. San Francisco Bay restoration grant program.  1276b. Puget Sound.  SUBCHAPTER IIGRANTS FOR CONSTRUCTION OF TREATMENT WORKS  1281. Congressional declaration of purpose.  1281a. Total treatment system funding.  1281b. Availability of Farmers Home Administration funds for non-Federal share.  1282. Federal share.  1283. Plans, specifications, estimates, and payments.  1284. Limitations and conditions.  1285. Allotment of grant funds.  1286. Reimbursement and advanced construction.  1287. Authorization of appropriations.  1288. Areawide waste treatment management.  1289. Basin planning.  1290. Annual survey.  1291. Sewage collection systems.  1292. Definitions.  1293. Loan guarantees.  1293a. Contained spoil disposal facilities.  1294. Public information and education on recycling and reuse of wastewater, use of land treatment, and reduction of wastewater volume.  1295. Requirements for American materials.  1296. Determination of priority of projects.  1297. Guidelines for cost-effectiveness analysis.  1298. Cost effectiveness.  1299. State certification of projects.  1300. Pilot program for alternative water source projects.  1301. Sewer overflow and stormwater reuse municipal grants.  1302. Wastewater efficiency grant pilot program.  1302a. Clean water infrastructure resiliency and sustainability program.  1302b. Small and medium publicly owned treatment works circuit rider program.  1302c. Small publicly owned treatment works efficiency grant program.  1302d. Grants for construction and refurbishing of individual household decentralized wastewater systems for individuals with low or moderate income.  1302e. Connection to publicly owned treatment works.  1302f. Stormwater infrastructure technology.  SUBCHAPTER IIISTANDARDS AND ENFORCEMENT  1311. Effluent limitations.  1312. Water quality related effluent limitations.  1313. Water quality standards and implementation plans.  1313a. Revised water quality standards.  1314. Information and guidelines.  1314a. Wastewater technology clearinghouse.  1315. State reports on water quality.  1316. National standards of performance.  1317. Toxic and pretreatment effluent standards.  1318. Records and reports; inspections.  1319. Enforcement.  1320. International pollution abatement.  1321. Oil and hazardous substance liability.  1321a. Prevention of small oil spills.  1321b. Improved coordination with tribal governments.  1321c. International efforts on enforcement.  1322. Marine sanitation devices; discharges incidental to the normal operation of vessels.  1323. Federal facilities pollution control.  1324. Clean lakes.  1325. National Study Commission.  1326. Thermal discharges.  1327. Omitted.  1328. Aquaculture.  1329. Nonpoint source management programs.  1330. National estuary program.  SUBCHAPTER IVPERMITS AND LICENSES  1341. Certification.  1342. National pollutant discharge elimination system.  1343. Ocean discharge criteria.  1344. Permits for dredged or fill material.  1345. Disposal or use of sewage sludge.  1346. Coastal recreation water quality monitoring and notification.  SUBCHAPTER VGENERAL PROVISIONS  1361. Administration.  1362. Definitions.  1363. Water Pollution Control Advisory Board.  1364. Emergency powers.  1365. Citizen suits.  1366. Appearance.  1367. Employee protection.  1368. Federal procurement.  1369. Administrative procedure and judicial review.  1370. State authority.  1371. Authority under other laws and regulations.  1372. Labor standards.  1373. Public health agency coordination.  1374. Effluent Standards and Water Quality Information Advisory Committee.  1375. Reports to Congress; detailed estimates and comprehensive study on costs; State estimates.  1375a. Report on coastal recreation waters.  1376. Authorization of appropriations.  1377. Indian tribes.  1377a. Green infrastructure promotion.  SUBCHAPTER VISTATE WATER POLLUTION CONTROL REVOLVING FUNDS  1381. Grants to States for establishment of revolving funds.  1382. Capitalization grant agreements.  1383. Water pollution control revolving loan funds.  1384. Allotment of funds.  1385. Corrective action.  1386. Audits, reports, and fiscal controls; intended use plan.  1387. Authorization of appropriations.  1388. Requirements.  1389. Clean watersheds needs survey.   Editorial Notes  Codification The Federal Water Pollution Control Act, comprising this chapter, was originally enacted by act June 30, 1948, ch. 758 62 Stat. 1155 July 17, 1952, ch. 927 66 Stat. 755 July 9, 1956, ch. 518 70 Stat. 498507 June 25, 1959 Pub. L. 8670 73 Stat. 141 July 12, 1960 Pub. L. 86624 74 Stat. 411 July 20, 1961 Pub. L. 8788 75 Stat. 204 Oct. 2, 1965 Pub. L. 89234 79 Stat. 903 Nov. 3, 1966 Pub. L. 89753 80 Stat. 1246 Apr. 3, 1970 Pub. L. 91224 84 Stat. 91 Dec. 31, 1970 Pub. L. 91611 84 Stat. 1818 July 9, 1971 Pub. L. 9250 85 Stat. 124 Oct. 13, 1971 Pub. L. 92137 85 Stat. 379 Mar. 1, 1972 Pub. L. 92240 86 Stat. 47 Pub. L. 92500 Pub. L. 92500 SUBCHAPTER I RESEARCH AND RELATED PROGRAMS  1251. Congressional declaration of goals and policy (a) Restoration and maintenance of chemical, physical and biological integrity of Nations waters; national goals for achievement of objective The objective of this chapter is to restore and maintain the chemical, physical, and biological integrity of the Nations waters. In order to achieve this objective it is hereby declared that, consistent with the provisions of this chapter (1) it is the national goal that the discharge of pollutants into the navigable waters be eliminated by 1985; (2) it is the national goal that wherever attainable, an interim goal of water quality which provides for the protection and propagation of fish, shellfish, and wildlife and provides for recreation in and on the water be achieved by July 1, 1983 (3) it is the national policy that the discharge of toxic pollutants in toxic amounts be prohibited; (4) it is the national policy that Federal financial assistance be provided to construct publicly owned waste treatment works; (5) it is the national policy that areawide waste treatment management planning processes be developed and implemented to assure adequate control of sources of pollutants in each State; (6) it is the national policy that a major research and demonstration effort be made to develop technology necessary to eliminate the discharge of pollutants into the navigable waters, waters of the contiguous zone, and the oceans; and (7) it is the national policy that programs for the control of nonpoint sources of pollution be developed and implemented in an expeditious manner so as to enable the goals of this chapter to be met through the control of both point and nonpoint sources of pollution. (b) Congressional recognition, preservation, and protection of primary responsibilities and rights of States It is the policy of the Congress to recognize, preserve, and protect the primary responsibilities and rights of States to prevent, reduce, and eliminate pollution, to plan the development and use (including restoration, preservation, and enhancement) of land and water resources, and to consult with the Administrator in the exercise of his authority under this chapter. It is the policy of Congress that the States manage the construction grant program under this chapter and implement the permit programs under sections 1342 and 1344 of this title. It is further the policy of the Congress to support and aid research relating to the prevention, reduction, and elimination of pollution and to provide Federal technical services and financial aid to State and interstate agencies and municipalities in connection with the prevention, reduction, and elimination of pollution. (c) Congressional policy toward Presidential activities with foreign countries It is further the policy of Congress that the President, acting through the Secretary of State and such national and international organizations as he determines appropriate, shall take such action as may be necessary to insure that to the fullest extent possible all foreign countries shall take meaningful action for the prevention, reduction, and elimination of pollution in their waters and in international waters and for the achievement of goals regarding the elimination of discharge of pollutants and the improvement of water quality to at least the same extent as the United States does under its laws. (d) Administrator of Environmental Protection Agency to administer chapter Except as otherwise expressly provided in this chapter, the Administrator of the Environmental Protection Agency (hereinafter in this chapter called Administrator) shall administer this chapter. (e) Public participation in development, revision, and enforcement of any regulation, etc. Public participation in the development, revision, and enforcement of any regulation, standard, effluent limitation, plan, or program established by the Administrator or any State under this chapter shall be provided for, encouraged, and assisted by the Administrator and the States. The Administrator, in cooperation with the States, shall develop and publish regulations specifying minimum guidelines for public participation in such processes. (f) Procedures utilized for implementing chapter It is the national policy that to the maximum extent possible the procedures utilized for implementing this chapter shall encourage the drastic minimization of paperwork and interagency decision procedures, and the best use of available manpower and funds, so as to prevent needless duplication and unnecessary delays at all levels of government. (g) Authority of States over water It is the policy of Congress that the authority of each State to allocate quantities of water within its jurisdiction shall not be superseded, abrogated or otherwise impaired by this chapter. It is the further policy of Congress that nothing in this chapter shall be construed to supersede or abrogate rights to quantities of water which have been established by any State. Federal agencies shall co-operate with State and local agencies to develop comprehensive solutions to prevent, reduce and eliminate pollution in concert with programs for managing water resources. ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 816 Pub. L. 95217 Dec. 27, 1977 91 Stat. 1567 Pub. L. 1004, title III,  316(b) Feb. 4, 1987 101 Stat. 60  Editorial Notes Amendments 1987Subsec. (a)(7). Pub. L. 1004 1977Subsec. (b). Pub. L. 95217,  26(b) Subsec. (g). Pub. L. 95217,  5(a) Statutory Notes and Related Subsidiaries Short Title of 2021 Amendment Pub. L. 11758, div. E,  50001 Nov. 15, 2021 135 Stat. 1135 This division [see Tables for classification] may be cited as the Drinking Water and Wastewater Infrastructure Act of 2021. Pub. L. 116337,  1 Jan. 13, 2021 134 Stat. 5120 This Act [amending section 1330 of this title Pub. L. 116294,  1 Jan. 5, 2021 134 Stat. 4899 This Act [amending section 1268 of this title Short Title of 2019 Amendment Pub. L. 115436,  1 Jan. 14, 2019 132 Stat. 5558 This Act [enacting section 1377a of this title section 4370j of Title 42 section 4370j of Title 42 Short Title of 2018 Amendment Pub. L. 115282, title IX,  901 Dec. 4, 2018 132 Stat. 4322 This title [enacting sections 4729 and 4730 of Title 16, Conservation, amending sections 1319, 1322, 1365, and 1369 of this title, sections 4712 and 4725 of Title 16, section 42 of Title 18 section 11301 of Title 46 section 4711 of Title 16 section 1322 of this title section 4711 of Title 16 section 1342 of this title Short Title of 2017 Amendment Pub. L. 11591, div. C, title XXXV,  3508(a) Dec. 12, 2017 131 Stat. 1915 This section [amending sections 1321, 2701, and 2715 of this title] may be cited as the Foreign Spill Protection Act of 2017. Short Title of 2008 Amendment Pub. L. 110365,  1 Oct. 8, 2008 122 Stat. 4021 This Act [amending sections 1268 and 1271a of this title] may be cited as the Great Lakes Legacy Reauthorization Act of 2008. Pub. L. 110288,  1 July 29, 2008 122 Stat. 2650 This Act [amending sections 1322, 1342, and 1362 of this title] may be cited as the Clean Boating Act of 2008. Short Title of 2002 Amendment Pub. L. 107303,  1(a) Nov. 27, 2002 116 Stat. 2355 This Act [enacting section 1271a of this title section 1254 of this title section 1113 of Title 31 section 50 of Title 20 Pub. L. 107303, title I,  101 Nov. 27, 2002 116 Stat. 2355 This title [enacting section 1271a of this title section 1268 of this title Pub. L. 107303, title II,  201 Nov. 27, 2002 116 Stat. 2358 This title [amending section 1270 of this title Short Title of 2000 Amendments Pub. L. 106457, title II,  201 Nov. 7, 2000 114 Stat. 1967 This title [amending section 1267 of this title section 1267 of this title Pub. L. 106457, title IV,  401 Nov. 7, 2000 114 Stat. 1973 This title [amending section 1269 of this title Pub. L. 106457, title V,  501 Nov. 7, 2000 114 Stat. 1973 This title [enacting section 1273 of this title Pub. L. 106457, title VI,  601 Nov. 7, 2000 114 Stat. 1975 This title [enacting section 1300 of this title Pub. L. 106284,  1 Oct. 10, 2000 114 Stat. 870 This Act [enacting sections 1346 and 1375a of this title and amending sections 1254, 1313, 1314, 1362, and 1377 of this title] may be cited as the Beaches Environmental Assessment and Coastal Health Act of 2000. Short Title of 1994 Amendment Pub. L. 103431,  1 Oct. 31, 1994 108 Stat. 4396 This Act [amending section 1311 of this title Short Title of 1990 Amendment Pub. L. 101596,  1 Nov. 16, 1990 104 Stat. 3000 This Act [enacting sections 1269 and 1270 of this title, amending sections 1268, 1324, and 1416 of this title, and enacting provisions set out as notes under this section and section 1270 of this title Pub. L. 101596, title II,  201 Nov. 16, 1990 104 Stat. 3004 This part [probably means title, enacting section 1269 of this title section 1416 of this title Pub. L. 101596, title III,  301 Nov. 16, 1990 104 Stat. 3006 This title [enacting section 1270 of this title section 1324 of this title section 1270 of this title Short Title of 1988 Amendment Pub. L. 100653, title X,  1001 Nov. 14, 1988 102 Stat. 3835 This title [amending section 1330 of this title section 1330 of this title Short Title of 1987 Amendment Pub. L. 1004,  1(a) Feb. 4, 1987 101 Stat. 7 This Act [enacting sections 1254a, 1267, 1268, 1281b, 1329, 1330, 1377, 1381 to 1387, and 1414a of this title, amending this section and sections 1254, 1256, 1262, 1281, 1282 to 1285, 1287, 1288, 1291, 1311 to 1313, 1314, 1317 to 1322, 1324, 1342, 1344, 1345, 1361, 1362, 1365, 1369, 1375, and 1376 of this title, and enacting provisions set out as notes under this section, sections 1284, 1311, 1317, 1319, 1330, 1342, 1345, 1362, 1375, and 1414a of this title, and section 1962d20 of Title 42 Short Title of 1981 Amendment Pub. L. 97117,  1 Dec. 29, 1981 95 Stat. 1623 This Act [enacting sections 1298, 1299, and 1313a of this title, amending sections 1281 to 1285, 1287, 1291, 1292, 1296, 1311, and 1314 of this title, and enacting provisions set out as notes under sections 1311 and 1375 of this title] may be cited as the Municipal Wastewater Treatment Construction Grant Amendments of 1981. Short Title of 1977 Amendment Pub. L. 95217,  1 Dec. 27, 1977 91 Stat. 1566 That this Act [enacting sections 1281a, 1294 to 1296, and 1297 of this title, amending this section and sections 1252, 1254 to 1256, 1259, 1262, 1263, 1281, 1282 to 1288, 1291, 1292, 1311, 1314, 1315, 1317 to 1319, 1321 to 1324, 1328, 1341, 1342, 1344, 1345, 1362, 1364, 1375, and 1376 of this title, enacting provisions set out as notes under this section and sections 1284, 1286, 1314, 1321, 1342, 1344, and 1376 of this title, and amending provisions set out as a note under this section] may be cited as the Clean Water Act of 1977. Short Title Pub. L. 92500,  1 Oct. 18, 1972 86 Stat. 816 That this Act [enacting this chapter, amending section 24 of Title 12 Act June 30, 1948, ch. 758, title V,  520 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 896 Pub. L. 95217,  2 Dec. 27, 1977 91 Stat. 1566 Pub. L. 1004, title V,  506 Feb. 4, 1987 101 Stat. 76 Pub. L. 115436,  5(b)(1) Jan. 14, 2019 132 Stat. 5561 This Act [this chapter] may be cited as the Federal Water Pollution Control Act (commonly referred to as the Clean Water Act). Savings Provision Pub. L. 92500,  4 Oct. 18, 1972 86 Stat. 896  (a) No suit, action, or other proceeding lawfully commenced by or against the Administrator or any other officer or employee of the United States in his official capacity or in relation to the discharge of his official duties under the Federal Water Pollution Control Act as in effect immediately prior to the date of enactment of this Act [ Oct. 18, 1972 (b) All rules, regulations, orders, determinations, contracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursuant to the Federal Water Pollution Control Act as in effect immediately prior to the date of enactment of this Act [ Oct. 18, 1972 Oct. 18, 1972 Oct. 18, 1972 (c) The Federal Water Pollution Control Act as in effect immediately prior to the date of enactment of this Act [ Oct. 18, 1972 June 30, 1972 June 30, 1972 section 1282 of this title Separability Act June 30, 1948, ch. 758, title V,  512 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 894 If any provision of this Act [this chapter], or the application of any provision of this Act [this chapter] to any person or circumstance, is held invalid, the application of such provision to other persons or circumstances, and the remainder of this Act [this chapter], shall not be affected thereby. National Shellfish Indicator Program Pub. L. 102567, title III,  308 Oct. 29, 1992 106 Stat. 4286 Pub. L. 105362, title II,  201(b) Nov. 10, 1998 112 Stat. 3282  (a)  Establishment of a Research Program The Secretary of Commerce, in cooperation with the Secretary of Health and Human Services and the Administrator of the Environmental Protection Agency, shall establish and administer a 5-year national shellfish research program (hereafter in this section referred to as the Program) for the purpose of improving existing classification systems for shellfish growing waters using the latest technological advancements in microbiology and epidemiological methods. Within 12 months after the date of enactment of this Act [ Oct. 29, 1992 (1) an environmental assessment of commercial shellfish growing areas in the United States, including an evaluation of the relationships between indicators of fecal contamination and human enteric pathogens; (2) the evaluation of such relationships with respect to potential health hazards associated with human consumption of shellfish; (3) a comparison of the current microbiological methods used for evaluating indicator bacteria and human enteric pathogens in shellfish and shellfish growing waters with new technological methods designed for this purpose; (4) the evaluation of current and projected systems for human sewage treatment in eliminating viruses and other human enteric pathogens which accumulate in shellfish; (5) the design of epidemiological studies to relate microbiological data, sanitary survey data, and human shellfish consumption data to actual hazards to health associated with such consumption; and (6) recommendations for revising Federal shellfish standards and improving the capabilities of Federal and State agencies to effectively manage shellfish and ensure the safety of shellfish intended for human consumption. (b)  Advisory Committee (1) For the purpose of providing oversight of the Program on a continuing basis, an advisory committee (hereafter in this section referred to as the Committee) shall be established under a memorandum of understanding between the Interstate Shellfish Sanitation Conference and the National Marine Fisheries Service. (2) The Committee shall (A) identify priorities for achieving the purpose of the Program; (B) review and recommend approval or disapproval of Program work plans and plans of operation; (C) review and comment on all subcontracts and grants to be awarded under the Program; (D) receive and review progress reports from the Consortium and program subcontractors and grantees; and (E) provide such other advice on the Program as is appropriate. (3) The Committee shall consist of at least ten members and shall include (A) three members representing agencies having authority under State law to regulate the shellfish industry, of whom one shall represent each of the Atlantic, Pacific, and Gulf of Mexico shellfish growing regions; (B) three members representing persons engaged in the shellfish industry in the Atlantic, Pacific, and Gulf of Mexico shellfish growing regions (who shall be appointed from among at least six recommendations by the industry members of the Interstate Shellfish Sanitation Conference Executive Board), of whom one shall represent the shellfish industry in each region; (C) three members, of whom one shall represent each of the following Federal agencies: the National Oceanic and Atmospheric Administration, the Environmental Protection Agency, and the Food and Drug Administration; and (D) one member representing the Shellfish Institute of North America. (4) The Chairman of the Committee shall be selected from among the Committee members described in paragraph (3)(A). (5) The Committee shall establish and maintain a subcommittee of scientific experts to provide advice, assistance, and information relevant to research funded under the Program, except that no individual who is awarded, or whose application is being considered for, a grant or subcontract under the Program may serve on such subcommittee. The membership of the subcommittee shall, to the extent practicable, be regionally balanced with experts who have scientific knowledge concerning each of the Atlantic, Pacific, and Gulf of Mexico shellfish growing regions. Scientists from the National Academy of Sciences and appropriate Federal agencies (including the National Oceanic and Atmospheric Administration, Food and Drug Administration, Centers for Disease Control, National Institutes of Health, Environmental Protection Agency, and National Science Foundation) shall be considered for membership on the subcommittee. (6) Members of the Committee and its scientific subcommittee established under this subsection shall not be paid for serving on the Committee or subcommittee, but shall receive travel expenses as authorized by section 5703 of title 5 (c)  Contract With Consortium Within 30 days after the date of enactment of this Act [ Oct. 29, 1992 (1) be the academic administrative organization and fiscal agent for the Program; (2) award and administer such grants and subcontracts as are approved by the Committee under subsection (b); (3) develop and implement a scientific peer review process for evaluating grant and subcontractor applications prior to review by the Committee; (4) in cooperation with the Secretary of Commerce and the Committee, procure the services of a scientific project director; (5) develop and submit budgets, progress reports, work plans, and plans of operation for the Program to the Secretary of Commerce and the Committee; and (6) make available to the Committee such staff, information, and assistance as the Committee may reasonably require to carry out its activities. (d)  Authorization of Appropriations (1) Of the sums authorized under section 4(a) of the National Oceanic and Atmospheric Administration Marine Fisheries Program Authorization Act ( Public Law 98210 97 Stat. 1409 (2) The Interstate Shellfish Sanitation Conference shall not administer appropriations authorized under this section, but may be reimbursed from such appropriations for its expenses in arranging for travel, meetings, workshops, or conferences necessary to carry out the Program. (e)  Definitions As used in this section, the term (1) Consortium means the Louisiana Universities Marine Consortium; and (2) shellfish means any species of oyster, clam, or mussel that is harvested for human consumption. Limitation on Payments Pub. L. 1004,  2 Feb. 4, 1987 101 Stat. 8 No payments may be made under this Act [see Short Title of 1987 Amendment note above] except to the extent provided in advance in appropriation Acts. Seafood Processing Study; Submittal of Results to Congress not Later Than January 1, 1979 Pub. L. 95217,  74 Dec. 27, 1977 91 Stat. 1609 Jan. 1, 1979 Oversight Study Pub. L. 92500,  5 Oct. 18, 1972 86 Stat. 897 Oct. 1, 1973 International Trade Study Pub. L. 92500,  6 Oct. 18, 1972 86 Stat. 897  (a) The Secretary of Commerce, in cooperation with other interested Federal agencies and with representatives of industry and the public, shall undertake immediately an investigation and study to determine (1) the extent to which pollution abatement and control programs will be imposed on, or voluntarily undertaken by, United States manufacturers in the near future and the probable short- and long-range effects of the costs of such programs (computed to the greatest extent practicable on an industry-by-industry basis) on (A) the production costs of such domestic manufacturers, and (B) the market prices of the goods produced by them; (2) the probable extent to which pollution abatement and control programs will be implemented in foreign industrial nations in the near future and the extent to which the production costs (computed to the greatest extent practicable on an industry-by-industry basis) of foreign manufacturers will be affected by the costs of such programs; (3) the probable competitive advantage which any article manufactured in a foreign nation will likely have in relation to a comparable article made in the United States if that foreign nation (A) does not require its manufacturers to implement pollution abatement and control programs. (B) requires a lesser degree of pollution abatement and control in its programs, or (C) in any way reimburses or otherwise subsidizes its manufacturers for the costs of such program; (4) alternative means by which any competitive advantage accruing to the products of any foreign nation as a result of any factor described in paragraph (3) may be (A) accurately and quickly determined, and (B) equalized, for example, by the imposition of a surcharge or duty, on a foreign product in an amount necessary to compensate for such advantage; and (5) the impact, if any, which the imposition of a compensating tariff of other equalizing measure may have in encouraging foreign nations to implement pollution and abatement control programs. (b) The Secretary shall make an initial report to the President and Congress within six months after the date of enactment of this section [ Oct. 18, 1972 International Agreements Pub. L. 92500,  7 Oct. 18, 1972 86 Stat. 898 The President shall undertake to enter into international agreement to apply uniform standards of performance for the control of the discharge and emission of pollutants from new sources, uniform controls over the discharge and emission of toxic pollutants, and uniform controls over the discharge of pollutants into the ocean. For this purpose the President shall negotiate multilateral treaties, conventions, resolutions, or other agreements, and formulate, present, or support proposals at the United Nations and other appropriate international forums. National Policies and Goal Study Pub. L. 92500,  10 Oct. 18, 1972 86 Stat. 899 Oct. 18, 1972 Efficiency Study Pub. L. 92500,  11 Oct. 18, 1972 86 Stat. 899 Oct. 18, 1972 Sex Discrimination Pub. L. 92500,  13 Oct. 18, 1972 86 Stat. 903 No person in the United States shall on the ground of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance under this Act [see Short Title note above] the Federal Water Pollution Control Act [this chapter], or the Environmental Financing Act [set out as a note under section 1281 of this title  Definition of Administrator Pub. L. 1004,  1(d) Feb. 4, 1987 101 Stat. 8 For purposes of this Act [see Short Title of 1987 Amendment note above], the term Administrator means the Administrator of the Environmental Protection Agency. Executive Documents Standards For provisions relating to the responsibility of the head of each Executive agency for compliance with applicable pollution control standards, see Ex. Ord. No. 12088, Oct. 13, 1978 section 4321 of Title 42  Contiguous Zone of United States For extension of contiguous zone of United States, see Proc. No. 7219, set out as a note under section 1331 of Title 43  Prevention, Control, and Abatement of Environmental Pollution at Federal Facilities Ex. Ord. No. 12088, Oct. 13, 1978 section 4321 of Title 42  Executive Order No. 11548 Ex. Ord. No. 11548, July 20, 1970 Aug. 3, 1973 section 1321 of this title  Ex. Ord. No. 11742. Delegation of Functions to Secretary of State Respecting the Negotiation of International Agreements Relating to the Enhancement of the Environment Ex. Ord. No. 11742, Oct. 23, 1973 Under and by virtue of the authority vested in me by section 301 of title 3 Public Law 92500 86 Stat. 898  Richard Nixon.  1252. Comprehensive programs for water pollution control (a) Preparation and development The Administrator shall, after careful investigation, and in cooperation with other Federal agencies, State water pollution control agencies, interstate agencies, and the municipalities and industries involved, prepare or develop comprehensive programs for preventing, reducing, or eliminating the pollution of the navigable waters and ground waters and improving the sanitary condition of surface and underground waters. In the development of such comprehensive programs due regard shall be given to the improvements which are necessary to conserve such waters for the protection and propagation of fish and aquatic life and wildlife, recreational purposes, and the withdrawal of such waters for public water supply, agricultural, industrial, and other purposes. For the purpose of this section, the Administrator is authorized to make joint investigations with any such agencies of the condition of any waters in any State or States, and of the discharges of any sewage, industrial wastes, or substance which may adversely affect such waters. (b) Planning for reservoirs; storage for regulation of streamflow (1) In the survey or planning of any reservoir by the Corps of Engineers, Bureau of Reclamation, or other Federal agency, consideration shall be given to inclusion of storage for regulation of streamflow, except that any such storage and water releases shall not be provided as a substitute for adequate treatment or other methods of controlling waste at the source. (2) The need for and the value of storage for regulation of streamflow (other than for water quality) including but not limited to navigation, salt water intrusion, recreation, esthetics, and fish and wildlife, shall be determined by the Corps of Engineers, Bureau of Reclamation, or other Federal agencies. (3) The need for, the value of, and the impact of, storage for water quality control shall be determined by the Administrator, and his views on these matters shall be set forth in any report or presentation to Congress proposing authorization or construction of any reservoir including such storage. (4) The value of such storage shall be taken into account in determining the economic value of the entire project of which it is a part, and costs shall be allocated to the purpose of regulation of streamflow in a manner which will insure that all project purposes, share equitably in the benefit of multiple-purpose construction. (5) Costs of regulation of streamflow features incorporated in any Federal reservoir or other impoundment under the provisions of this chapter shall be determined and the beneficiaries identified and if the benefits are widespread or national in scope, the costs of such features shall be nonreimbursable. (6) No license granted by the Federal Energy Regulatory Commission for a hydroelectric power project shall include storage for regulation of streamflow for the purpose of water quality control unless the Administrator shall recommend its inclusion and such reservoir storage capacity shall not exceed such proportion of the total storage required for the water quality control plan as the drainage area of such reservoir bears to the drainage area of the river basin or basins involved in such water quality control plan. (c) Basins; grants to State agencies (1) The Administrator shall, at the request of the Governor of a State, or a majority of the Governors when more than one State is involved, make a grant to pay not to exceed 50 per centum of the administrative expenses of a planning agency for a period not to exceed three years, which period shall begin after October 18, 1972 (2) Each planning agency receiving a grant under this subsection shall develop a comprehensive pollution control plan for the basin or portion thereof which (A) is consistent with any applicable water quality standards effluent and other limitations, and thermal discharge regulations established pursuant to current law within the basin; (B) recommends such treatment works as will provide the most effective and economical means of collection, storage, treatment, and elimination of pollutants and recommends means to encourage both municipal and industrial use of such works; (C) recommends maintenance and improvement of water quality within the basin or portion thereof and recommends methods of adequately financing those facilities as may be necessary to implement the plan; and (D) as appropriate, is developed in cooperation with, and is consistent with any comprehensive plan prepared by the Water Resources Council, any areawide waste management plans developed pursuant to section 1288 of this title section 1313(e) of this title (3) For the purposes of this subsection the term basin includes, but is not limited to, rivers and their tributaries, streams, coastal waters, sounds, estuaries, bays, lakes, and portions thereof as well as the lands drained thereby. ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 817 Pub. L. 9591, title IV,  402(a)(1)(A) Aug. 4, 1977 91 Stat. 583 Pub. L. 95217,  5(b) Dec. 27, 1977 91 Stat. 1567 Pub. L. 10466, title II,  2021(a) Dec. 21, 1995 109 Stat. 726  Editorial Notes Amendments 1995Subsec. (d). Pub. L. 10466 July 1, 1978 section 1251(g) of this title 1977Subsec. (d). Pub. L. 95217 Statutory Notes and Related Subsidiaries  Transfer of Functions Federal Energy Regulatory Commission substituted for Federal Power Commission in subsec. (b)(6) on authority of Pub. L. 9591, title IV,  402(a)(1)(A) Aug. 4, 1977 91 Stat. 583 section 7172(a)(1)(A) of Title 42 Executive Documents  Executive Order No. 10014 Ex. Ord. No. 10014, Nov. 3, 1948 Nov. 17, 1965  1252a. Reservoir projects, water storage; modification; storage for other than for water quality, opinion of Federal agency, committee resolutions of approval; provisions inapplicable to projects with certain prescribed water quality benefits in relation to total project benefits  In the case of any reservoir project authorized for construction by the Corps of Engineers, Bureau of Reclamation, or other Federal agency when the Administrator of the Environmental Protection Agency determines pursuant to section 1252(b) of this title ( Pub. L. 93251, title I,  65 Mar. 7, 1974 88 Stat. 30  Editorial Notes Codification Section was not enacted as part of the Federal Water Pollution Control Act which comprises this chapter.  1253. Interstate cooperation and uniform laws (a) The Administrator shall encourage cooperative activities by the States for the prevention, reduction, and elimination of pollution, encourage the enactment of improved and, so far as practicable, uniform State laws relating to the prevention, reduction, and elimination of pollution; and encourage compacts between States for the prevention and control of pollution. (b) The consent of the Congress is hereby given to two or more States to negotiate and enter into agreements or compacts, not in conflict with any law or treaty of the United States, for (1) cooperative effort and mutual assistance for the prevention and control of pollution and the enforcement of their respective laws relating thereto, and (2) the establishment of such agencies, joint or otherwise, as they may deem desirable for making effective such agreements and compacts. No such agreement or compact shall be binding or obligatory upon any State a party thereto unless and until it has been approved by the Congress. ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 818  1254. Research, investigations, training, and information (a) Establishment of national programs; cooperation; investigations; water quality surveillance system; reports The Administrator shall establish national programs for the prevention, reduction, and elimination of pollution and as part of such programs shall (1) in cooperation with other Federal, State, and local agencies, conduct and promote the coordination and acceleration of, research, investigations, experiments, training, demonstrations, surveys, and studies relating to the causes, effects, extent, prevention, reduction, and elimination of pollution; (2) encourage, cooperate with, and render technical services to pollution control agencies and other appropriate public or private agencies, institutions, and organizations, and individuals, including the general public, in the conduct of activities referred to in paragraph (1) of this subsection; (3) conduct, in cooperation with State water pollution control agencies and other interested agencies, organizations and persons, public investigations concerning the pollution of any navigable waters, and report on the results of such investigations; (4) establish advisory committees composed of recognized experts in various aspects of pollution and representatives of the public to assist in the examination and evaluation of research progress and proposals and to avoid duplication of research; (5) in cooperation with the States, and their political subdivisions, and other Federal agencies establish, equip, and maintain a water quality surveillance system for the purpose of monitoring the quality of the navigable waters and ground waters and the contiguous zone and the oceans and the Administrator shall, to the extent practicable, conduct such surveillance by utilizing the resources of the National Aeronautics and Space Administration, the National Oceanic and Atmospheric Administration, the United States Geological Survey, and the Coast Guard, and shall report on such quality in the report required under subsection (a) of section 1375 of this title (6) initiate and promote the coordination and acceleration of research designed to develop the most effective practicable tools and techniques for measuring the social and economic costs and benefits of activities which are subject to regulation under this chapter; and shall transmit a report on the results of such research to the Congress not later than January 1, 1974 (b) Authorized activities of Administrator In carrying out the provisions of subsection (a) of this section the Administrator is authorized to (1) collect and make available, through publications and other appropriate means, the results of and other information, including appropriate recommendations by him in connection therewith, pertaining to such research and other activities referred to in paragraph (1) of subsection (a); (2) cooperate with other Federal departments and agencies, State water pollution control agencies, interstate agencies, other public and private agencies, institutions, organizations, industries involved, and individuals, in the preparation and conduct of such research and other activities referred to in paragraph (1) of subsection (a); (3) make grants to State water pollution control agencies, interstate agencies, other public or nonprofit private agencies, institutions, organizations, and individuals, for purposes stated in paragraph (1) of subsection (a) of this section; (4) contract with public or private agencies, institutions, organizations, and individuals, without regard to section 3324(a) and (b) of title 31 and section 6101 of title 41 (5) establish and maintain research fellowships at public or nonprofit private educational institutions or research organizations; (6) collect and disseminate, in cooperation with other Federal departments and agencies, and with other public or private agencies, institutions, and organizations having related responsibilities, basic data on chemical, physical, and biological effects of varying water quality and other information pertaining to pollution and the prevention, reduction, and elimination thereof; (7) develop effective and practical processes, methods, and prototype devices for the prevention, reduction, and elimination of pollution; and (8) make grants to nonprofit organizations (A) to provide technical assistance to rural, small, and tribal municipalities for the purpose of assisting, in consultation with the State in which the assistance is provided, such municipalities and tribal governments in the planning, developing, and acquisition of financing for eligible projects and activities described in section 1383(c) of this title (B) to provide technical assistance and training for rural, small, and tribal publicly owned treatment works and decentralized wastewater treatment systems to enable such treatment works and systems to protect water quality and achieve and maintain compliance with the requirements of this chapter; and (C) to disseminate information to rural, small, and tribal municipalities and municipalities that meet the affordability criteria established under section 1383(i)(2) of this title (c) Research and studies on harmful effects of pollutants; cooperation with Secretary of Health and Human Services In carrying out the provisions of subsection (a) of this section the Administrator shall conduct research on, and survey the results of other scientific studies on, the harmful effects on the health or welfare of persons caused by pollutants. In order to avoid duplication of effort, the Administrator shall, to the extent practicable, conduct such research in cooperation with and through the facilities of the Secretary of Health and Human Services. (d) Sewage treatment; identification and measurement of effects of pollutants; augmented streamflow In carrying out the provisions of this section the Administrator shall develop and demonstrate under varied conditions (including conducting such basic and applied research, studies, and experiments as may be necessary): (1) Practicable means of treating municipal sewage, and other waterborne wastes to implement the requirements of section 1281 of this title (2) Improved methods and procedures to identify and measure the effects of pollutants, including those pollutants created by new technological developments; and (3) Methods and procedures for evaluating the effects on water quality of augmented streamflows to control pollution not susceptible to other means of prevention, reduction, or elimination. (e) Field laboratory and research facilities The Administrator shall establish, equip, and maintain field laboratory and research facilities, including, but not limited to, one to be located in the northeastern area of the United States, one in the Middle Atlantic area, one in the southeastern area, one in the midwestern area, one in the southwestern area, one in the Pacific Northwest, and one in the State of Alaska, for the conduct of research, investigations, experiments, field demonstrations and studies, and training relating to the prevention, reduction and elimination of pollution. Insofar as practicable, each such facility shall be located near institutions of higher learning in which graduate training in such research might be carried out. In conjunction with the development of criteria under section 1343 of this title (f) Great Lakes water quality research The Administrator shall conduct research and technical development work, and make studies, with respect to the quality of the waters of the Great Lakes, including an analysis of the present and projected future water quality of the Great Lakes under varying conditions of waste treatment and disposal, an evaluation of the water quality needs of those to be served by such waters, an evaluation of municipal, industrial, and vessel waste treatment and disposal practices with respect to such waters, and a study of alternate means of solving pollution problems (including additional waste treatment measures) with respect to such waters. (g) Treatment works pilot training programs; employment needs forecasting; training projects and grants; research fellowships; technical training; report to the President and transmittal to Congress (1) For the purpose of providing an adequate supply of trained personnel to operate and maintain existing and future treatment works and related activities, and for the purpose of enhancing substantially the proficiency of those engaged in such activities, the Administrator shall finance pilot programs, in cooperation with State and interstate agencies, municipalities, educational institutions, and other organizations and individuals, of manpower development and training and retraining of persons in, on entering into, the field of operation and maintenance of treatment works and related activities. Such program and any funds expended for such a program shall supplement, not supplant, other manpower and training programs and funds available for the purposes of this paragraph. The Administrator is authorized, under such terms and conditions as he deems appropriate, to enter into agreements with one or more States, acting jointly or severally, or with other public or private agencies or institutions for the development and implementation of such a program. (2) The Administrator is authorized to enter into agreements with public and private agencies and institutions, and individuals to develop and maintain an effective system for forecasting the supply of, and demand for, various professional and other occupational categories needed for the prevention, reduction, and elimination of pollution in each region, State, or area of the United States and, from time to time, to publish the results of such forecasts. (3) In furtherance of the purposes of this chapter, the Administrator is authorized to (A) make grants to public or private agencies and institutions and to individuals for training projects, and provide for the conduct of training by contract with public or private agencies and institutions and with individuals without regard to section 3324(a) and (b) of title 31 and section 6101 of title 41 (B) establish and maintain research fellowships in the Environmental Protection Agency with such stipends and allowances, including traveling and subsistence expenses, as he may deem necessary to procure the assistance of the most promising research fellows; and (C) provide, in addition to the program established under paragraph (1) of this subsection, training in technical matters relating to the causes, prevention, reduction, and elimination of pollution for personnel of public agencies and other persons with suitable qualifications. (4) The Administrator shall submit, through the President, a report to the Congress not later than December 31, 1973 (h) Lake pollution The Administrator is authorized to enter into contracts with, or make grants to, public or private agencies and organizations and individuals for (A) the purpose of developing and demonstrating new or improved methods for the prevention, removal, reduction, and elimination of pollution in lakes, including the undesirable effects of nutrients and vegetation, and (B) the construction of publicly owned research facilities for such purpose. (i) Oil pollution control studies The Administrator, in cooperation with the Secretary of the Department in which the Coast Guard is operating, shall (1) engage in such research, studies, experiments, and demonstrations as he deems appropriate, relative to the removal of oil from any waters and to the prevention, control, and elimination of oil and hazardous substances pollution; (2) publish from time to time the results of such activities; and (3) from time to time, develop and publish in the Federal Register specifications and other technical information on the various chemical compounds used in the control of oil and hazardous substances spills. In carrying out this subsection, the Administrator may enter into contracts with, or make grants to, public or private agencies and organizations and individuals. (j) Solid waste disposal equipment for vessels The Secretary of the department in which the Coast Guard is operating shall engage in such research, studies, experiments, and demonstrations as he deems appropriate relative to equipment which is to be installed on board a vessel and is designed to receive, retain, treat, or discharge human body wastes and the wastes from toilets and other receptacles intended to receive or retain body wastes with particular emphasis on equipment to be installed on small recreational vessels. The Secretary of the department in which the Coast Guard is operating shall report to Congress the results of such research, studies, experiments, and demonstrations prior to the effective date of any regulations established under section 1322 of this title (k) Land acquisition In carrying out the provisions of this section relating to the conduct by the Administrator of demonstration projects and the development of field laboratories and research facilities, the Administrator may acquire land and interests therein by purchase, with appropriated or donated funds, by donation, or by exchange for acquired or public lands under his jurisdiction which he classifies as suitable for disposition. The values of the properties so exchanged either shall be approximately equal, or if they are not approximately equal, the values shall be equalized by the payment of cash to the grantor or to the Administrator as the circumstances require. (l) Collection and dissemination of scientific knowledge on effects and control of pesticides in water (1) The Administrator shall, after consultation with appropriate local, State, and Federal agencies, public and private organizations, and interested individuals, as soon as practicable but not later than January 1, 1973 (2) The President shall, in consultation with appropriate local, State, and Federal agencies, public and private organizations, and interested individuals, conduct studies and investigations of methods to control the release of pesticides into the environment which study shall include examination of the persistency of pesticides in the water environment and alternatives thereto. The President shall submit reports, from time to time, on such investigations to Congress together with his recommendations for any necessary legislation. (m) Waste oil disposal study (1) The Administrator shall, in an effort to prevent degradation of the environment from the disposal of waste oil, conduct a study of (A) the generation of used engine, machine, cooling, and similar waste oil, including quantities generated, the nature and quality of such oil, present collecting methods and disposal practices, and alternate uses of such oil; (B) the long-term, chronic biological effects of the disposal of such waste oil; and (C) the potential market for such oils, including the economic and legal factors relating to the sale of products made from such oils, the level of subsidy, if any, needed to encourage the purchase by public and private nonprofit agencies of products from such oil, and the practicability of Federal procurement, on a priority basis, of products made from such oil. In conducting such study, the Administrator shall consult with affected industries and other persons. (2) The Administrator shall report the preliminary results of such study to Congress within six months after October 18, 1972 (n) Comprehensive studies of effects of pollution on estuaries and estuarine zones (1) The Administrator shall, in cooperation with the Secretary of the Army, the Secretary of Agriculture, the Water Resources Council, and with other appropriate Federal, State, interstate, or local public bodies and private organizations, institutions, and individuals, conduct and promote, and encourage contributions to, continuing comprehensive studies of the effects of pollution, including sedimentation, in the estuaries and estuarine zones of the United States on fish and wildlife, on sport and commercial fishing, on recreation, on water supply and water power, and on other beneficial purposes. Such studies shall also consider the effect of demographic trends, the exploitation of mineral resources and fossil fuels, land and industrial development, navigation, flood and erosion control, and other uses of estuaries and estuarine zones upon the pollution of the waters therein. (2) In conducting such studies, the Administrator shall assemble, coordinate, and organize all existing pertinent information on the Nations estuaries and estuarine zones; carry out a program of investigations and surveys to supplement existing information in representative estuaries and estuarine zones; and identify the problems and areas where further research and study are required. (3) The Administrator shall submit to Congress, from time to time, reports of the studies authorized by this subsection but at least one such report during any six-year period. Copies of each such report shall be made available to all interested parties, public and private. (4) For the purpose of this subsection, the term estuarine zones means an environmental system consisting of an estuary and those transitional areas which are consistently influenced or affected by water from an estuary such as, but not limited to, salt marshes, coastal and intertidal areas, bays, harbors, lagoons, inshore waters, and channels, and the term estuary means all or part of the mouth of a river or stream or other body of water having unimpaired natural connection with open sea and within which the sea water is measurably diluted with fresh water derived from land drainage. (o) Methods of reducing total flow of sewage and unnecessary water consumption; reports (1) The Administrator shall conduct research and investigations on devices, systems, incentives, pricing policy, and other methods of reducing the total flow of sewage, including, but not limited to, unnecessary water consumption in order to reduce the requirements for, and the costs of, sewage and waste treatment services. Such research and investigations shall be directed to develop devices, systems, policies, and methods capable of achieving the maximum reduction of unnecessary water consumption. (2) The Administrator shall report the preliminary results of such studies and investigations to the Congress within one year after October 18, 1972 section 1375 of this title (p) Agricultural pollution In carrying out the provisions of subsection (a) of this section the Administrator shall, in cooperation with the Secretary of Agriculture, other Federal agencies, and the States, carry out a comprehensive study and research program to determine new and improved methods and the better application of existing methods of preventing, reducing, and eliminating pollution from agriculture, including the legal, economic, and other implications of the use of such methods. (q) Sewage in rural areas; national clearinghouse for alternative treatment information; clearinghouse on small flows (1) The Administrator shall conduct a comprehensive program of research and investigation and pilot project implementation into new and improved methods of preventing, reducing, storing, collecting, treating, or otherwise eliminating pollution from sewage in rural and other areas where collection of sewage in conventional, communitywide sewage collection systems is impractical, uneconomical, or otherwise infeasible, or where soil conditions or other factors preclude the use of septic tank and drainage field systems. (2) The Administrator shall conduct a comprehensive program of research and investigation and pilot project implementation into new and improved methods for the collection and treatment of sewage and other liquid wastes combined with the treatment and disposal of solid wastes. (3) The Administrator shall establish, either within the Environmental Protection Agency, or through contract with an appropriate public or private non-profit organization, a national clearinghouse which shall (A) receive reports and information resulting from research, demonstrations, and other projects funded under this chapter related to paragraph (1) of this subsection and to subsection (e)(2) of section 1255 of this title (4)  Small flows clearinghouse Notwithstanding section 1285(d) of this title section 1285(i) of this title section 1285(d) of this title section 1285(i) of this title September 30, 1986 (r) Research grants to colleges and universities The Administrator is authorized to make grants to colleges and universities to conduct basic research into the structure and function of freshwater aquatic ecosystems, and to improve understanding of the ecological characteristics necessary to the maintenance of the chemical, physical, and biological integrity of freshwater aquatic ecosystems. (s) River Study Centers The Administrator is authorized to make grants to one or more institutions of higher education (regionally located and to be designated as River Study Centers) for the purpose of conducting and reporting on interdisciplinary studies on the nature of river systems, including hydrology, biology, ecology, economics, the relationship between river uses and land uses, and the effects of development within river basins on river systems and on the value of water resources and water related activities. No such grant in any fiscal year shall exceed $1,000,000. (t) Thermal discharges The Administrator shall, in cooperation with State and Federal agencies and public and private organizations, conduct continuing comprehensive studies of the effects and methods of control of thermal discharges. In evaluating alternative methods of control the studies shall consider (1) such data as are available on the latest available technology, economic feasibility including cost-effectiveness analysis, and (2) the total impact on the environment, considering not only water quality but also air quality, land use, and effective utilization and conservation of freshwater and other natural resources. Such studies shall consider methods of minimizing adverse effects and maximizing beneficial effects of thermal discharges. The results of these studies shall be reported by the Administrator as soon as practicable, but not later than 270 days after October 18, 1972 section 1326 of this title (u) Authorization of appropriations There is authorized to be appropriated (1) not to exceed $100,000,000 per fiscal year for the fiscal year ending June 30, 1973 June 30, 1974 June 30, 1975 September 30, 1980 September 30, 1981 September 30, 1982 June 30, 1973 June 30, 1974 June 30, 1975 June 30, 1973 June 30, 1974 June 30, 1975 June 30, 1973 June 30, 1974 June 30, 1975 (v) Studies concerning pathogen indicators in coastal recreation waters Not later than 18 months after October 10, 2000 October 10, 2000 (1) an assessment of potential human health risks resulting from exposure to pathogens in coastal recreation waters, including nongastrointestinal effects; (2) appropriate and effective indicators for improving detection in a timely manner in coastal recreation waters of the presence of pathogens that are harmful to human health; (3) appropriate, accurate, expeditious, and cost-effective methods (including predictive models) for detecting in a timely manner in coastal recreation waters the presence of pathogens that are harmful to human health; and (4) guidance for State application of the criteria for pathogens and pathogen indicators to be published under section 1314(a)(9) of this title (w) Nonprofit organization For purposes of subsection (b)(8), the term nonprofit organization means a nonprofit organization that the Administrator determines, after consultation with the States regarding what small publicly owned treatment works in the State find to be most beneficial and effective, is qualified and experienced in providing on-site training and technical assistance to small publicly owned treatment works. ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 819 Pub. L. 93207,  1(1) Dec. 28, 1973 87 Stat. 906 Pub. L. 93592,  1 Jan. 2, 1975 88 Stat. 1924 Pub. L. 95217 Dec. 27, 1977 91 Stat. 1566 Pub. L. 95576,  1(a) Nov. 2, 1978 92 Stat. 2467 Pub. L. 9688, title V,  509(b) Oct. 17, 1979 93 Stat. 695 Pub. L. 96483,  1(a) Oct. 21, 1980 94 Stat. 2360 Pub. L. 1004, title I Feb. 4, 1987 101 Stat. 8 Pub. L. 102154, title I Nov. 13, 1991 105 Stat. 1000 Pub. L. 105362, title V,  501(a)(1) Nov. 10, 1998 112 Stat. 3283 Pub. L. 106284,  3(a) Oct. 10, 2000 114 Stat. 871 Pub. L. 107303, title III,  302(b)(1) Nov. 27, 2002 116 Stat. 2361 Pub. L. 115270, title IV,  4103 Oct. 23, 2018 132 Stat. 3872 Pub. L. 11758, div. E, title II Nov. 15, 2021 135 Stat. 1158  Editorial Notes Codification In subsecs. (b)(4) and (g)(3)(A), section 3324(a) and (b) of title 31 and section 6101 of title 41 Pub. L. 97258,  4(b) Sept. 13, 1982 96 Stat. 1067 Pub. L. 111350,  6(c) Jan. 4, 2011 124 Stat. 3854 Amendments 2021Subsec. (u)(7), (8). Pub. L. 11758,  50201(a) Subsec. (w). Pub. L. 11758,  50210(a)(2) 2018Subsec. (b)(8). Pub. L. 115270,  4103(a)(1) Subsec. (u)(7). Pub. L. 115270,  4103(b) Subsec. (w). Pub. L. 115270,  4103(a)(2) 2002Subsecs. (a)(5), (n)(3), (4), ( o Pub. L. 107303 Pub. L. 105362,  501(a) 2000Subsec. (v). Pub. L. 106284 1998Subsec. (a)(5). Pub. L. 105362,  501(d)(2)(A)(i) section 1375 of this title Pub. L. 107303 Subsec. (n)(3), (4). Pub. L. 105362,  501(a)(1) Pub. L. 107303 Subsec. ( o Pub. L. 105362,  501(d)(2)(A)(ii) section 1375 of this title Pub. L. 107303 1987Subsec. (q)(4). Pub. L. 1004,  102 Subsec. (u). Pub. L. 1004,  101(a) 1980Subsec. (u). Pub. L. 96483 Sept. 30, 1981 1978Subsec. (u)(1). Pub. L. 95576 Sept. 30, 1980 1977Subsec. (n)(3). Pub. L. 95217,  6 Subsec. (q)(3). Pub. L. 95217,  7 Subsec. (u)(2). Pub. L. 95217,  4(a) Subsec. (u)(3). Pub. L. 95217,  4(b) 1975Subsec. (u)(1). Pub. L. 93592,  1(a) June 30, 1974 June 30, 1975 June 30, 1974 Subsec. (u)(2). Pub. L. 93592,  1(b) Subsec. (u)(3). Pub. L. 93592,  1(c) Subsec. (u)(4), (5), (6). Pub. L. 93592,  1(d) June 30, 1974 June 30, 1975 June 30, 1974 1973Subsec. (u)(2). Pub. L. 93207 Statutory Notes and Related Subsidiaries  Change of Name United States Geological Survey substituted for Geological Survey in subsec. (a)(5) pursuant to provision of title I of Pub. L. 102154 section 31 of Title 43 Secretary of Health and Human Services substituted for Secretary of Health, Education, and Welfare in subsec. (c) pursuant to section 509(b) of Pub. L. 9688 section 3508(b) of Title 20 Effective Date of 2002 Amendment Pub. L. 107303, title III,  302(b) Nov. 27, 2002 116 Stat. 2361  (1)  In general Effective November 10, 1998 Public Law 105362 112 Stat. 3283 section 1330 of this title section 1324 of this title section 1329 of this title (2)  Applicability The Federal Water Pollution Control Act ( 33 U.S.C. 1254(n)(3) 33 U.S.C. 1251 Nov. 27, 2002 Public Law 105362 112 Stat. 3283  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 section 542 of Title 6 Columbia River Basin System; Protection From Oil Spills and Discharges; Criteria for Evaluation and Report to Congress by Commandant of Coast Guard in Consultation With Federal, Etc., Agencies Pub. L. 95308,  8 June 30, 1978 92 Stat. 359 June 30, 1978 Communication Pub. L. 11758, div. E, title II,  50201(b) Nov. 15, 2021 135 Stat. 1158 Each nonprofit organization that receives funding under paragraph (8) of section 104(b) of the Federal Water Pollution Control Act ( 33 U.S.C. 1254(b) Executive Documents  Transfer of Functions Enforcement functions of Secretary or other official in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of that Department, related to compliance with this chapter with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas were transferred to the Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, until the first anniversary of date of initial operation of the Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979,  102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373 July 1, 1979 section 3012(b) of Pub. L. 102486 section 719e of Title 15 section 720d(f) of Title 15  Contiguous Zone of United States For extension of contiguous zone of United States, see Proc. No. 7219, set out as a note under section 1331 of Title 43  1254a. Research on effects of pollutants  In carrying out the provisions of section 1254(a) of this title ( Pub. L. 1004, title I,  105 Feb. 4, 1987 101 Stat. 15  Editorial Notes Codification Section was enacted as part of the Water Quality Act of 1987, and not as part of the Federal Water Pollution Control Act which comprises this chapter. Statutory Notes and Related Subsidiaries  Definition Administrator means the Administrator of the Environmental Protection Agency, see section 1(d) of Pub. L. 1004 section 1251 of this title  1255. Grants for research and development (a) Demonstration projects covering storm waters, advanced waste treatment and water purification methods, and joint treatment systems for municipal and industrial wastes The Administrator is authorized to conduct in the Environmental Protection Agency, and to make grants to any State, municipality, or intermunicipal or interstate agency for the purpose of assisting in the development of (1) any project which will demonstrate a new or improved method of preventing, reducing, and eliminating the discharge into any waters of pollutants from sewers which carry storm water or both storm water and pollutants; or (2) any project which will demonstrate advanced waste treatment and water purification methods (including the temporary use of new or improved chemical additives which provide substantial immediate improvements to existing treatment processes), or new or improved methods of joint treatment systems for municipal and industrial wastes; and to include in such grants such amounts as are necessary for the purpose of reports, plans, and specifications in connection therewith. (b) Demonstration projects for advanced treatment and environmental enhancement techniques to control pollution in river basins The Administrator is authorized to make grants to any State or States or interstate agency to demonstrate, in river basins or portions thereof, advanced treatment and environmental enhancement techniques to control pollution from all sources, within such basins or portions thereof, including nonpoint sources, together with in stream 1 1 (c) Research and demonstration projects for prevention of water pollution by industry In order to carry out the purposes of section 1311 of this title (d) Accelerated and priority development of waste management and waste treatment methods and identification and measurement methods In carrying out the provisions of this section, the Administrator shall conduct, on a priority basis, an accelerated effort to develop, refine, and achieve practical application of: (1) waste management methods applicable to point and nonpoint sources of pollutants to eliminate the discharge of pollutants, including, but not limited to, elimination of runoff of pollutants and the effects of pollutants from inplace or accumulated sources; (2) advanced waste treatment methods applicable to point and nonpoint sources, including inplace or accumulated sources of pollutants, and methods for reclaiming and recycling water and confining pollutants so they will not migrate to cause water or other environmental pollution; and (3) improved methods and procedures to identify and measure the effects of pollutants on the chemical, physical, and biological integrity of water, including those pollutants created by new technological developments. (e) Research and demonstration projects covering agricultural pollution and pollution from sewage in rural areas; dissemination of information (1) The Administrator is authorized to (A) make, in consultation with the Secretary of Agriculture, grants to persons for research and demonstration projects with respect to new and improved methods of preventing, reducing, and eliminating pollution from agriculture, and (B) disseminate, in cooperation with the Secretary of Agriculture, such information obtained under this subsection, section 1254(p) of this title section 1314 of this title (2) The Administrator is authorized, (A) in consultation with other interested Federal agencies, to make grants for demonstration projects with respect to new and improved methods of preventing, reducing, storing, collecting, treating, or otherwise eliminating pollution from sewage in rural and other areas where collection of sewage in conventional, community-wide sewage collection systems is impractical, uneconomical, or otherwise infeasible, or where soil conditions or other factors preclude the use of septic tank and drainage field systems, and (B) in cooperation with other interested Federal and State agencies, to disseminate such information obtained under this subsection as will encourage and enable the adoption of new and improved methods developed pursuant to this subsection. (f) Limitations Federal grants under subsection (a) of this section shall be subject to the following limitations: (1) No grant shall be made for any project unless such project shall have been approved by the appropriate State water pollution control agency or agencies and by the Administrator; (2) No grant shall be made for any project in an amount exceeding 75 per centum of cost thereof as determined by the Administrator; and (3) No grant shall be made for any project unless the Administrator determines that such project will serve as a useful demonstration for the purpose set forth in clause (1) or (2) of subsection (a). (g) Maximum grants Federal grants under subsections (c) and (d) of this section shall not exceed 75 per centum of the cost of the project. (h) Authorization of appropriations For the purpose of this section there is authorized to be appropriated $75,000,000 per fiscal year for the fiscal year ending June 30, 1973 June 30, 1974 June 30, 1975 (i) Assistance for research and demonstration projects The Administrator is authorized to make grants to a municipality to assist in the costs of operating and maintaining a project which received a grant under this section, section 1254 of this title section 1263 of this title December 27, 1977 (j) Assistance for recycle, reuse, and land treatment projects The Administrator is authorized to make a grant to any grantee who received an increased grant pursuant to section 1282(a)(2) of this title ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 825 Pub. L. 93592,  2 Jan. 2, 1975 88 Stat. 1925 Pub. L. 95217 Dec. 27, 1977 91 Stat. 1568  Editorial Notes Amendments 1977Subsecs. (i), (j). Pub. L. 95217 1975Subsec. (h). Pub. L. 93592 June 30, 1974 June 30, 1975 June 30, 1974 Executive Documents  Transfer of Functions Enforcement functions of Secretary or other official in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of that Department, related to compliance with this chapter with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas were transferred to the Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, until the first anniversary of date of initial operation of the Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979,  102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373 July 1, 1979 section 3012(b) of Pub. L. 102486 section 719e of Title 15 section 720d(f) of Title 15  1256. Grants for pollution control programs (a) Authorization of appropriations for State and interstate programs There are hereby authorized to be appropriated the following sums, to remain available until expended, to carry out the purpose of this section (1) $60,000,000 for the fiscal year ending June 30, 1973 (2) $75,000,000 for the fiscal year ending June 30, 1974 June 30, 1975 for grants to States and to interstate agencies to assist them in administering programs for the prevention, reduction, and elimination of pollution, including enforcement directly or through appropriate State law enforcement officers or agencies. (b) Allotments From the sums appropriated in any fiscal year, the Administrator shall make allotments to the several States and interstate agencies in accordance with regulations promulgated by him on the basis of the extent of the pollution problem in the respective States. (c) Maximum annual payments The Administrator is authorized to pay to each State and interstate agency each fiscal year either (1) the allotment of such State or agency for such fiscal year under subsection (b), or (2) the reasonable costs as determined by the Administrator of developing and carrying out a pollution program by such State or agency during such fiscal year, which ever amount is the lesser. (d) Limitations No grant shall be made under this section to any State or interstate agency for any fiscal year when the expenditure of non-Federal funds by such State or interstate agency during such fiscal year for the recurrent expenses of carrying out its pollution control program are less than the expenditure by such State or interstate agency of non-Federal funds for such recurrent program expenses during the fiscal year ending June 30, 1971 (e) Grants prohibited to States not establishing water quality monitoring procedures or adequate emergency and contingency plans Beginning in fiscal year 1974 the Administrator shall not make any grant under this section to any State which has not provided or is not carrying out as a part of its program (1) the establishment and operation of appropriate devices, methods, systems, and procedures necessary to monitor, and to compile and analyze data on (including classification according to eutrophic condition), the quality of navigable waters and to the extent practicable, ground waters including biological monitoring; and provision for annually updating such data and including it in the report required under section 1315 of this title (2) authority comparable to that in section 1364 of this title (f) Conditions Grants shall be made under this section on condition that (1) Such State (or interstate agency) files with the Administrator within one hundred and twenty days after October 18, 1972 (A) a summary report of the current status of the State pollution control program, including the criteria used by the State in determining priority of treatment works; and (B) such additional information, data, and reports as the Administrator may require. (2) No federally assumed enforcement as defined in section 1319(a)(2) of this title (3) Such State (or interstate agency) submits within one hundred and twenty days after October 18, 1972 (g) Reallotment of unpaid allotments Any sums allotted under subsection (b) in any fiscal year which are not paid shall be reallotted by the Administrator in accordance with regulations promulgated by him. ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 827 Pub. L. 93592,  3 Jan. 2, 1975 88 Stat. 1925 Pub. L. 94273,  3(20) Apr. 21, 1976 90 Stat. 377 Pub. L. 95217,  4(c) Dec. 27, 1977 91 Stat. 1566 Pub. L. 96483,  1(b) Oct. 21, 1980 94 Stat. 2360 Pub. L. 1004, title I,  101(b) Feb. 4, 1987 101 Stat. 9  Editorial Notes Amendments 1987Subsec. (a)(2). Pub. L. 1004 1980Subsec. (a)(2). Pub. L. 96483 1977Subsec. (a)(2). Pub. L. 95217 June 30, 1975 June 30, 1975 1976Subsec. (f)(3). Pub. L. 94273 1975Subsec. (a)(2). Pub. L. 93592 June 30, 1974 June 30, 1975 June 30, 1974  1257. Mine water pollution control demonstrations (a) Comprehensive approaches to elimination or control of mine water pollution The Administrator in cooperation with the Appalachian Regional Commission and other Federal agencies is authorized to conduct, to make grants for, or to contract for, projects to demonstrate comprehensive approaches to the elimination or control of acid or other mine water pollution resulting from active or abandoned mining operations and other environmental pollution affecting water quality within all or part of a watershed or river basin, including siltation from surface mining. Such projects shall demonstrate the engineering and economic feasibility and practicality of various abatement techniques which will contribute substantially to effective and practical methods of acid or other mine water pollution elimination or control, and other pollution affecting water quality, including techniques that demonstrate the engineering and economic feasibility and practicality of using sewage sludge materials and other municipal wastes to diminish or prevent pollution affecting water quality from acid, sedimentation, or other pollutants and in such projects to restore affected lands to usefulness for forestry, agriculture, recreation, or other beneficial purposes. (b) Consistency of projects with objectives of subtitle IV of title 40 Prior to undertaking any demonstration project under this section in the Appalachian region (as defined in section 14102(a)(1) and (b) of title 40), the Appalachian Regional Commission shall determine that such demonstration project is consistent with the objectives of subtitle IV of title 40. (c) Watershed selection The Administrator, in selecting watersheds for the purposes of this section, shall be satisfied that the project area will not be affected adversely by the influx of acid or other mine water pollution from nearby sources. (d) Conditions upon Federal participation Federal participation in such projects shall be subject to the conditions (1) that the State shall acquire any land or interests therein necessary for such project; and (2) that the State shall provide legal and practical protection to the project area to insure against any activities which will cause future acid or other mine water pollution. (e) Authorization of appropriations There is authorized to be appropriated $30,000,000 to carry out the provisions of this section, which sum shall be available until expended. ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 828  Editorial Notes Codification In subsec. (b), section 14102(a)(1) and (b) of title 40 substituted for section 403 of the Appalachian Regional Development Act of 1965, as amended and subtitle IV of title 40 substituted for the Appalachian Regional Development Act of 1965, as amended on authority of Pub. L. 107217,  5(c) Aug. 21, 2002 116 Stat. 1303  1257a. State demonstration programs for cleanup of abandoned mines for use as waste disposal sites; authorization of appropriations  The Administrator of the Environmental Protection Agency is authorized to make grants to States to undertake a demonstration program for the cleanup of State-owned abandoned mines which can be used as hazardous waste disposal sites. The State shall pay 10 per centum of project costs. At a minimum, the Administrator shall undertake projects under such program in the States of Ohio, Illinois, and West Virginia. There are authorized to be appropriated $10,000,000 per fiscal year for each of the fiscal years ending September 30, 1982 September 30, 1983 September 30, 1984 ( Pub. L. 96483,  12 Oct. 21, 1980 94 Stat. 2363  Editorial Notes Codification Section was not enacted as part of the Federal Water Pollution Control Act which comprises this chapter.  1258. Pollution control in the Great Lakes (a) Demonstration projects The Administrator, in cooperation with other Federal departments, agencies, and instrumentalities is authorized to enter into agreements with any State, political subdivision, interstate agency, or other public agency, or combination thereof, to carry out one or more projects to demonstrate new methods and techniques and to develop preliminary plans for the elimination or control of pollution, within all or any part of the watersheds of the Great Lakes. Such projects shall demonstrate the engineering and economic feasibility and practicality of removal of pollutants and prevention of any polluting matter from entering into the Great Lakes in the future and other reduction and remedial techniques which will contribute substantially to effective and practical methods of pollution prevention, reduction, or elimination. (b) Conditions of Federal participation Federal participation in such projects shall be subject to the condition that the State, political subdivision, interstate agency, or other public agency, or combination thereof, shall pay not less than 25 per centum of the actual project costs, which payment may be in any form, including, but not limited to, land or interests therein that is needed for the project, and personal property or services the value of which shall be determined by the Administrator. (c) Authorization of appropriations There is authorized to be appropriated $20,000,000 to carry out the provisions of subsections (a) and (b) of this section, which sum shall be available until expended. (d) Lake Erie demonstration program (1) In recognition of the serious conditions which exist in Lake Erie, the Secretary of the Army, acting through the Chief of Engineers, is directed to design and develop a demonstration waste water management program for the rehabilitation and environmental repair of Lake Erie. Prior to the initiation of detailed engineering and design, the program, along with the specific recommendations of the Chief of Engineers, and recommendations for its financing, shall be submitted to the Congress for statutory approval. This authority is in addition to, and not in lieu of, other waste water studies aimed at eliminating pollution emanating from select sources around Lake Erie. (2) This program is to be developed in cooperation with the Environmental Protection Agency, other interested departments, agencies, and instrumentalities of the Federal Government, and the States and their political subdivisions. This program shall set forth alternative systems for managing waste water on a regional basis and shall provide local and State governments with a range of choice as to the type of system to be used for the treatment of waste water. These alternative systems shall include both advanced waste treatment technology and land disposal systems including aerated treatment-spray irrigation technology and will also include provisions for the disposal of solid wastes, including sludge. Such program should include measures to control point sources of pollution, area sources of pollution, including acid-mine drainage, urban runoff and rural runoff, and in place sources of pollution, including bottom loads, sludge banks, and polluted harbor dredgings. (e) Authorization of appropriations for Lake Erie demonstration program There is authorized to be appropriated $5,000,000 to carry out the provisions of subsection (d) of this section, which sum shall be available until expended. ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 828  1259. Training grants and contracts (a) The Administrator is authorized to make grants to or contracts with institutions of higher education, or combinations of such institutions, to assist them in planning, developing, strengthening, improving, or carrying out programs or projects for the preparation of undergraduate students to enter an occupation which involves the design, operation, and maintenance of treatment works, and other facilities whose purpose is water quality control. Such grants or contracts may include payment of all or part of the cost of programs or projects such as (A) planning for the development or expansion of programs or projects for training persons in the operation and maintenance of treatment works; (B) training and retraining of faculty members; (C) conduct of short-term or regular session institutes for study by persons engaged in, or preparing to engage in, the preparation of students preparing to enter an occupation involving the operation and maintenance of treatment works; (D) carrying out innovative and experimental programs of cooperative education involving alternate periods of full-time or part-time academic study at the institution and periods of full-time or part-time employment involving the operation and maintenance of treatment works; and (E) research into, and development of, methods of training students or faculty, including the preparation of teaching materials and the planning of curriculum. (b) (1) The Administrator may pay 100 per centum of any additional cost of construction of treatment works required for a facility to train and upgrade waste treatment works operation and maintenance personnel and for the costs of other State treatment works operator training programs, including mobile training units, classroom rental, specialized instructors, and instructional material. (2) The Administrator shall make no more than one grant for such additional construction in any State (to serve a group of States, where, in his judgment, efficient training programs require multi-State programs), and shall make such grant after consultation with and approval by the State or States on the basis of (A) the suitability of such facility for training operation and maintenance personnel for treatment works throughout such State or States; and (B) a commitment by the State agency or agencies to carry out at such facility a program of training approved by the Administrator. In any case where a grant is made to serve two or more States, the Administrator is authorized to make an additional grant for a supplemental facility in each such State. (3) The Administrator may make such grant out of the sums allocated to a State under section 1285 of this title (4) The Administrator may exempt a grant under this section from any requirement under section 1284(a)(3) of this title ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 829 Pub. L. 95217,  10 Dec. 27, 1977 91 Stat. 1568  Editorial Notes  References in Text Prior to the date of enactment of the Clean Water Act of 1977, referred to in subsec. (b)(4), means prior to the enactment of Pub. L. 95217 Dec. 27, 1977 91 Stat. 1566 Dec. 27, 1977 Such Act, referred to in subsec. (b)(4), means Pub. L. 95217 Dec. 27, 1977 91 Stat. 1566 section 1251 of this title Amendments 1977Subsec. (b)(1). Pub. L. 95217,  10(c) Subsec. (b)(2). Pub. L. 95217,  10(e) Subsec. (b)(3). Pub. L. 95217,  10(a) Subsec. (b)(4). Pub. L. 95217,  10(b)  1260. Applications; allocation (1) A grant or contract authorized by section 1259 of this title (A) sets forth programs, activities, research, or development for which a grant is authorized under section 1259 of this title section 1261 of this title (B) provides such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the applicant under this section; and (C) provides for making such reports, in such form and containing such information, as the Administrator may require to carry out his functions under this section, and for keeping such records and for affording such access thereto as the Administrator may find necessary to assure the correctness and verification of such reports. (2) The Administrator shall allocate grants or contracts under section 1259 of this title (3) (A) Payments under this section may be used in accordance with regulations of the Administrator, and subject to the terms and conditions set forth in an application approved under paragraph (1), to pay part of the compensation of students employed in connection with the operation and maintenance of treatment works, other than as an employee in connection with the operation and maintenance of treatment works or as an employee in any branch of the Government of the United States, as part of a program for which a grant has been approved pursuant to this section. (B) Departments and agencies of the United States are encouraged, to the extent consistent with efficient administration, to enter into arrangements with institutions of higher education for the full-time, part-time, or temporary employment, whether in the competitive or excepted service, of students enrolled in programs set forth in applications approved under paragraph (1). ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 830  1261. Scholarships (1) The Administrator is authorized to award scholarships in accordance with the provisions of this section for undergraduate study by persons who plan to enter an occupation involving the operation and maintenance of treatment works. Such scholarships shall be awarded for such periods as the Administrator may determine but not to exceed four academic years. (2) The Administrator shall allocate scholarships under this section among institutions of higher education with programs approved under the provisions of this section for the use of individuals accepted into such programs in such manner and according to such plan as will insofar as practicable (A) provide an equitable distribution of such scholarships throughout the United States; and (B) attract recent graduates of secondary schools to enter an occupation involving the operation and maintenance of treatment works. (3) The Administrator shall approve a program of any institution of higher education for the purposes of this section only upon application by the institution and only upon his finding (A) that such program has a principal objective the education and training of persons in the operation and maintenance of treatment works; (B) that such program is in effect and of high quality, or can be readily put into effect and may reasonably be expected to be of high quality; (C) that the application describes the relation of such program to any program, activity, research, or development set forth by the applicant in an application, if any, submitted pursuant to section 1260 of this title (D) that the application contains satisfactory assurances that (i) the institution will recommend to the Administrator for the award of scholarships under this section, for study in such program, only persons who have demonstrated to the satisfaction of the institution a serious intent, upon completing the program, to enter an occupation involving the operation and maintenance of treatment works, and (ii) the institution will make reasonable continuing efforts to encourage recipients of scholarships under this section, enrolled in such program, to enter occupations involving the operation and maintenance of treatment works upon completing the program. (4) (A) The Administrator shall pay to persons awarded scholarships under this section such stipends (including such allowances for subsistence and other expenses for such persons and their dependents) as he may determine to be consistent with prevailing practices under comparable federally supported programs. (B) The Administrator shall (in addition to the stipends paid to persons under paragraph (1)) pay to the institution of higher education at which such person is pursuing his course of study such amount as he may determine to be consistent with prevailing practices under comparable federally supported programs. (5) A person awarded a scholarship under the provisions of this section shall continue to receive the payments provided in this section only during such periods as the Administrator finds that he is maintaining satisfactory proficiency and devoting full time to study or research in the field in which such scholarship was awarded in an institution of higher education, and is not engaging in gainful employment other than employment approved by the Administrator by or pursuant to regulation. (6) The Administrator shall by regulation provide that any person awarded a scholarship under this section shall agree in writing to enter and remain in an occupation involving the design, operation, or maintenance of treatment works for such period after completion of his course of studies as the Administrator determines appropriate. ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 831  1262. Definitions and authorizations (a) As used in sections 1259 through 1262 of this title (1) The term institution of higher education means an educational institution described in the first sentence of section 1001 of title 20 (2) The term academic year means an academic year or its equivalent, as determined by the Administrator. (b) The Administrator shall annually report his activities under sections 1259 through 1262 of this title, including recommendations for needed revisions in the provisions thereof. (c) There are authorized to be appropriated $25,000,000 per fiscal year for the fiscal years ending June 30, 1973 June 30, 1974 June 30, 1975 September 30, 1977 September 30, 1978 September 30, 1979 September 30, 1980 September 30, 1981 September 30, 1982 ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 832 Pub. L. 93592,  4 Jan. 2, 1975 88 Stat. 1925 Pub. L. 95217,  4(d) Dec. 27, 1977 91 Stat. 1566 Pub. L. 96483,  1(c) Oct. 21, 1980 94 Stat. 2360 Pub. L. 1004, title I,  101(c) Feb. 4, 1987 101 Stat. 9 Pub. L. 105244, title I,  102(a)(11) Oct. 7, 1998 112 Stat. 1620  Editorial Notes Amendments 1998Subsec. (a)(1). Pub. L. 105244 1987Subsec. (c). Pub. L. 1004 1980Subsec. (c). Pub. L. 96483 Sept. 30, 1981 1977Subsec. (c). Pub. L. 95217 June 30, 1975 September 30, 1977 September 30, 1978 September 30, 1979 September 30, 1980 June 30, 1975 1975Subsec. (c). Pub. L. 93592 June 30, 1974 June 30, 1975 June 30, 1974 Statutory Notes and Related Subsidiaries Effective Date of 1998 Amendment Amendment by Pub. L. 105244 Oct. 1, 1998 Pub. L. 105244 section 3 of Pub. L. 105244 section 1001 of Title 20  1263. Alaska village demonstration projects (a) Central community facilities for safe water; elimination or control of pollution The Administrator is authorized to enter into agreements with the State of Alaska to carry out one or more projects to demonstrate methods to provide for central community facilities for safe water and eliminate or control of pollution in those native villages of Alaska without such facilities. Such project shall include provisions for community safe water supply systems, toilets, bathing and laundry facilities, sewage disposal facilities, and other similar facilities, and educational and informational facilities and programs relating to health and hygiene. Such demonstration projects shall be for the further purpose of developing preliminary plans for providing such safe water and such elimination or control of pollution for all native villages in such State. (b) Utilization of personnel and facilities of Department of Health and Human Services In carrying out this section the Administrator shall cooperate with the Secretary of Health and Human Services for the purpose of utilizing such of the personnel and facilities of that Department as may be appropriate. (c) Omitted (d) Authorization of appropriations There is authorized to be appropriated not to exceed $2,000,000 to carry out this section. In addition, there is authorized to be appropriated to carry out this section not to exceed $200,000 for the fiscal year ending September 30, 1978 September 30, 1979 (e) Study to develop comprehensive program for achieving sanitation services; report to Congress The Administrator is authorized to coordinate with the Secretary of the Department of Health and Human Services, the Secretary of the Department of Housing and Urban Development, the Secretary of the Department of the Interior, the Secretary of the Department of Agriculture, and the heads of any other departments or agencies he may deem appropriate to conduct a joint study with representatives of the State of Alaska and the appropriate Native organizations (as defined in Public Law 92203 December 31, 1979 June 30, 1980 (f) Technical, financial, and management assistance The Administrator is authorized to provide technical, financial and management assistance for operation and maintenance of the demonstration projects constructed under this section, until such time as the recommendations of subsection (e) are implemented. (g) Village and sanitation services defined For the purpose of this section, the term village shall mean an incorporated or unincorporated community with a population of ten to six hundred people living within a two-mile radius. The term sanitation services shall mean water supply, sewage disposal, solid waste disposal and other services necessary to maintain generally accepted standards of personal hygiene and public health. ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 832 Pub. L. 95217,  11 Dec. 27, 1977 91 Stat. 1568 Pub. L. 9688, title V,  509(b) Oct. 17, 1979 93 Stat. 695  Editorial Notes  References in Text Public Law 92203 Pub. L. 92203 Dec. 18, 1971 85 Stat. 688 section 1601 of Title 43 Codification Subsec. (c) authorized the Administrator to report to Congress the results of the demonstration project accompanied by his recommendations for the establishment of a statewide project not later than July 1, 1973 Amendments 1977Subsec. (d). Pub. L. 95217,  11(b) Sept. 30, 1978 Sept. 30, 1979 Subsecs. (e) to (g). Pub. L. 95217,  11(a) Statutory Notes and Related Subsidiaries  Change of Name Secretary of Health and Human Services substituted for Secretary of Health, Education, and Welfare in subsec. (b), and Secretary of the Department of Health and Human Services substituted for Secretary of the Department of Health, Education, and Welfare in subsec. (e), pursuant to section 509(b) of Pub. L. 9688 section 3508(b) of Title 20 Committee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 10414 section 21 of Title 2 Corps Capability Study, Alaska Pub. L. 104303, title IV,  401 Oct. 12, 1996 110 Stat. 3740 Not later than 18 months after the date of the enactment of this Act [ Oct. 12, 1996  1263a. Grants to Alaska to improve sanitation in rural and Native villages (a) In general The Administrator of the Environmental Protection Agency may make grants to the State of Alaska for the benefit of rural and Native villages in Alaska to pay the Federal share of the cost of (1) the development and construction of public water systems and wastewater systems to improve the health and sanitation conditions in the villages; and (2) training, technical assistance, and educational programs relating to the operation and management of sanitation services in rural and Native villages. (b) Federal share The Federal share of the cost of the activities described in subsection (a) shall be 75 percent. (c) Administrative expenses The State of Alaska may use an amount not to exceed 4 percent of any grant made available under this subsection 1 1 (d) Consultation with State of Alaska The Administrator shall consult with the State of Alaska on a method of prioritizing the allocation of grants under subsection (a) according to the needs of, and relative health and sanitation conditions in, each eligible village. (e) Authorization of appropriations There are authorized to be appropriated to carry out this section (1) $40,000,000 for each of fiscal years 2022 through 2024; (2) $50,000,000 for fiscal year 2025; and (3) $60,000,000 for fiscal year 2026. ( Pub. L. 104182, title III,  303 Aug. 6, 1996 110 Stat. 1683 Pub. L. 106457, title IX,  903 Nov. 7, 2000 114 Stat. 1982 Pub. L. 11758, div. E, title II,  50212 Nov. 15, 2021 135 Stat. 1172  Editorial Notes Codification Section was enacted as part of the Safe Drinking Water Act Amendments of 1996, and not as part of the Federal Water Pollution Control Act which comprises this chapter. Amendments 2021Subsec. (b). Pub. L. 11758,  50212(1) Subsec. (e). Pub. L. 11758,  50212(2) 2000Subsec. (e). Pub. L. 106457  1264. Omitted  Editorial Notes Codification Section, act June 30, 1948, ch. 758, title I,  114 Oct. 18, 1972 Pub. L. 92500,  2 86 Stat. 833 Oct. 18, 1972  1265. In-place toxic pollutants  The Administrator is directed to identify the location of in-place pollutants with emphasis on toxic pollutants in harbors and navigable waterways and is authorized, acting through the Secretary of the Army, to make contracts for the removal and appropriate disposal of such materials from critical port and harbor areas. There is authorized to be appropriated $15,000,000 to carry out the provisions of this section, which sum shall be available until expended. ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 833  1266. Hudson River reclamation demonstration project (a) The Administrator is authorized to enter into contracts and other agreements with the State of New York to carry out a project to demonstrate methods for the selective removal of polychlorinated biphenyls contaminating bottom sediments of the Hudson River, treating such sediments as required, burying such sediments in secure landfills, and installing monitoring systems for such landfills. Such demonstration project shall be for the purpose of determining the feasibility of indefinite storage in secure landfills of toxic substances and of ascertaining the improvement of the rate of recovery of a toxic contaminated national waterway. No pollutants removed pursuant to this paragraph shall be placed in any landfill unless the Administrator first determines that disposal of the pollutants in such landfill would provide a higher standard of protection of the public health, safety, and welfare than disposal of such pollutants by any other method including, but not limited to, incineration or a chemical destruction process. (b) The Administrator is authorized to make grants to the State of New York to carry out this section from funds allotted to such State under section 1285(a) of this title September 30, 1983 section 1285(a) of this title section 1375(b) of this title ( June 30, 1948, ch. 758 Pub. L. 96483,  10 Oct. 21, 1980 94 Stat. 2363 Pub. L. 105362, title V,  501(d)(2)(B) Nov. 10, 1998 112 Stat. 3284 Pub. L. 107303, title III,  302(b)(1) Nov. 27, 2002 116 Stat. 2361  Editorial Notes Amendments 2002Subsec. (b). Pub. L. 107303 Pub. L. 105362,  501(d)(2)(B) 1998Subsec. (b). Pub. L. 105362,  501(d)(2)(B) section 1375 of this title section 1375(b) of this title Pub. L. 107303 Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by Pub. L. 107303 Nov. 10, 1998 33 U.S.C. 1251 Nov. 27, 2002 Pub. L. 105362 section 302(b) of Pub. L. 107303 section 1254 of this title  1267. Chesapeake Bay (a) Definitions In this section, the following definitions apply: (1) Administrative cost The term administrative cost means the cost of salaries and fringe benefits incurred in administering a grant under this section. (2) Chesapeake Bay Agreement The term Chesapeake Bay Agreement means the formal, voluntary agreements executed to achieve the goal of restoring and protecting the Chesapeake Bay ecosystem and the living resources of the Chesapeake Bay ecosystem and signed by the Chesapeake Executive Council. (3) Chesapeake Bay ecosystem The term Chesapeake Bay ecosystem means the ecosystem of the Chesapeake Bay and its watershed. (4) Chesapeake Bay Program The term Chesapeake Bay Program means the program directed by the Chesapeake Executive Council in accordance with the Chesapeake Bay Agreement. (5) Chesapeake Executive Council The term Chesapeake Executive Council means the signatories to the Chesapeake Bay Agreement. (6) Signatory jurisdiction The term signatory jurisdiction means a jurisdiction of a signatory to the Chesapeake Bay Agreement. (b) Continuation of Chesapeake Bay Program (1) In general In cooperation with the Chesapeake Executive Council (and as a member of the Council), the Administrator shall continue the Chesapeake Bay Program. (2) Program Office (A) In general The Administrator shall maintain in the Environmental Protection Agency a Chesapeake Bay Program Office. (B) Function The Chesapeake Bay Program Office shall provide support to the Chesapeake Executive Council by (i) implementing and coordinating science, research, modeling, support services, monitoring, data collection, and other activities that support the Chesapeake Bay Program; (ii) developing and making available, through publications, technical assistance, and other appropriate means, information pertaining to the environmental quality and living resources of the Chesapeake Bay ecosystem; (iii) in cooperation with appropriate Federal, State, and local authorities, assisting the signatories to the Chesapeake Bay Agreement in developing and implementing specific action plans to carry out the responsibilities of the signatories to the Chesapeake Bay Agreement; (iv) coordinating the actions of the Environmental Protection Agency with the actions of the appropriate officials of other Federal agencies and State and local authorities in developing strategies to (I) improve the water quality and living resources in the Chesapeake Bay ecosystem; and (II) obtain the support of the appropriate officials of the agencies and authorities in achieving the objectives of the Chesapeake Bay Agreement; and (v) implementing outreach programs for public information, education, and participation to foster stewardship of the resources of the Chesapeake Bay. (c) Interagency agreements The Administrator may enter into an interagency agreement with a Federal agency to carry out this section. (d) Technical assistance and assistance grants (1) In general In cooperation with the Chesapeake Executive Council, the Administrator may provide technical assistance, and assistance grants, to nonprofit organizations, State and local governments, colleges, universities, and interstate agencies to carry out this section, subject to such terms and conditions as the Administrator considers appropriate. (2) Federal share (A) In general Except as provided in subparagraph (B), the Federal share of an assistance grant provided under paragraph (1) shall be determined by the Administrator in accordance with guidance issued by the Administrator. (B) Small watershed grants program The Federal share of an assistance grant provided under paragraph (1) to carry out an implementing activity under subsection (g)(2) shall not exceed 75 percent of eligible project costs, as determined by the Administrator. (3) Non-Federal share An assistance grant under paragraph (1) shall be provided on the condition that non-Federal sources provide the remainder of eligible project costs, as determined by the Administrator. (4) Administrative costs Administrative costs shall not exceed 10 percent of the annual grant award. (e) Implementation and monitoring grants (1) In general If a signatory jurisdiction has approved and committed to implement all or substantially all aspects of the Chesapeake Bay Agreement, on the request of the chief executive of the jurisdiction, the Administrator (A) shall make a grant to the jurisdiction for the purpose of implementing the management mechanisms established under the Chesapeake Bay Agreement, subject to such terms and conditions as the Administrator considers appropriate; and (B) may make a grant to a signatory jurisdiction for the purpose of monitoring the Chesapeake Bay ecosystem. (2) Proposals (A) In general A signatory jurisdiction described in paragraph (1) may apply for a grant under this subsection for a fiscal year by submitting to the Administrator a comprehensive proposal to implement management mechanisms established under the Chesapeake Bay Agreement. (B) Contents A proposal under subparagraph (A) shall include (i) a description of proposed management mechanisms that the jurisdiction commits to take within a specified time period, such as reducing or preventing pollution in the Chesapeake Bay and its watershed or meeting applicable water quality standards or established goals and objectives under the Chesapeake Bay Agreement; and (ii) the estimated cost of the actions proposed to be taken during the fiscal year. (3) Approval If the Administrator finds that the proposal is consistent with the Chesapeake Bay Agreement and the national goals established under section 1251(a) of this title (4) Federal share The Federal share of a grant under this subsection shall not exceed 50 percent of the cost of implementing the management mechanisms during the fiscal year. (5) Non-Federal share A grant under this subsection shall be made on the condition that non-Federal sources provide the remainder of the costs of implementing the management mechanisms during the fiscal year. (6) Administrative costs Administrative costs shall not exceed 10 percent of the annual grant award. (7) Reporting On or before October 1 of each fiscal year, the Administrator shall make available to the public a document that lists and describes, in the greatest practicable degree of detail (A) all projects and activities funded for the fiscal year; (B) the goals and objectives of projects funded for the previous fiscal year; and (C) the net benefits of projects funded for previous fiscal years. (f) Federal facilities and budget coordination (1) Subwatershed planning and restoration A Federal agency that owns or operates a facility (as defined by the Administrator) within the Chesapeake Bay watershed shall participate in regional and subwatershed planning and restoration programs. (2) Compliance with agreement The head of each Federal agency that owns or occupies real property in the Chesapeake Bay watershed shall ensure that the property, and actions taken by the agency with respect to the property, comply with the Chesapeake Bay Agreement, the Federal Agencies Chesapeake Ecosystem Unified Plan, and any subsequent agreements and plans. (3) Budget coordination (A) In general As part of the annual budget submission of each Federal agency with projects or grants related to restoration, planning, monitoring, or scientific investigation of the Chesapeake Bay ecosystem, the head of the agency shall submit to the President a report that describes plans for the expenditure of the funds under this section. (B) Disclosure to the Council The head of each agency referred to in subparagraph (A) shall disclose the report under that subparagraph with the Chesapeake Executive Council as appropriate. (g) Chesapeake Bay Program (1) Management strategies The Administrator, in coordination with other members of the Chesapeake Executive Council, shall ensure that management plans are developed and implementation is begun by signatories to the Chesapeake Bay Agreement to achieve and maintain (A) the nutrient goals of the Chesapeake Bay Agreement for the quantity of nitrogen and phosphorus entering the Chesapeake Bay and its watershed; (B) the water quality requirements necessary to restore living resources in the Chesapeake Bay ecosystem; (C) the Chesapeake Bay Basinwide Toxins Reduction and Prevention Strategy goal of reducing or eliminating the input of chemical contaminants from all controllable sources to levels that result in no toxic or bioaccumulative impact on the living resources of the Chesapeake Bay ecosystem or on human health; (D) habitat restoration, protection, creation, and enhancement goals established by Chesapeake Bay Agreement signatories for wetlands, riparian forests, and other types of habitat associated with the Chesapeake Bay ecosystem; and (E) the restoration, protection, creation, and enhancement goals established by the Chesapeake Bay Agreement signatories for living resources associated with the Chesapeake Bay ecosystem. (2) Small watershed grants program The Administrator, in cooperation with the Chesapeake Executive Council, shall (A) establish a small watershed grants program as part of the Chesapeake Bay Program; and (B) offer technical assistance and assistance grants under subsection (d) to local governments and nonprofit organizations and individuals in the Chesapeake Bay region to implement (i) cooperative tributary basin strategies that address the water quality and living resource needs in the Chesapeake Bay ecosystem; and (ii) locally based protection and restoration programs or projects within a watershed that complement the tributary basin strategies, including the creation, restoration, protection, or enhancement of habitat associated with the Chesapeake Bay ecosystem. (h) Study of Chesapeake Bay Program (1) In general Not later than April 22, 2003 (2) Requirements The study and report shall (A) assess the state of the Chesapeake Bay ecosystem; (B) compare the current state of the Chesapeake Bay ecosystem with its state in 1975, 1985, and 1995; (C) assess the effectiveness of management strategies being implemented on November 7, 2000 (D) make recommendations for the improved management of the Chesapeake Bay Program either by strengthening strategies being implemented on November 7, 2000 (E) be presented in such a format as to be readily transferable to and usable by other watershed restoration programs. (i) Special study of living resource response (1) In general Not later than 180 days after November 7, 2000 (2) Requirements The study shall (A) determine the current status and trends of living resources, including grasses, benthos, phytoplankton, zooplankton, fish, and shellfish; (B) establish to the extent practicable the rates of recovery of the living resources in response to improved water quality condition; (C) evaluate and assess interactions of species, with particular attention to the impact of changes within and among trophic levels; and (D) recommend management actions to optimize the return of a healthy and balanced ecosystem in response to improvements in the quality and character of the waters of the Chesapeake Bay. (3) Annual survey The Administrator shall carry out an annual survey of sea grasses in the Chesapeake Bay. (j) Authorization of appropriations There are authorized to be appropriated to carry out this section (1) for fiscal year 2021, $90,000,000; (2) for fiscal year 2022, $90,500,000; (3) for fiscal year 2023, $91,000,000; (4) for fiscal year 2024, $91,500,000; and (5) for fiscal year 2025, $92,000,000. ( June 30, 1948, ch. 758 Pub. L. 1004, title I,  103 Feb. 4, 1987 101 Stat. 10 Pub. L. 106457, title II,  203 Nov. 7, 2000 114 Stat. 1967 Pub. L. 114322, title IV,  5007 Dec. 16, 2016 130 Stat. 1896 Pub. L. 116188, title I,  109 Oct. 30, 2020 134 Stat. 920  Editorial Notes Codification November 7, 2000 Pub. L. 106457 Amendments 2020Subsec. (j). Pub. L. 116188 2016Subsec. (i)(3). Pub. L. 114322 2000 Pub. L. 106457 Statutory Notes and Related Subsidiaries Chesapeake Watershed Investments for Landscape Defense Pub. L. 116188, title I,  111 Oct. 30, 2020 134 Stat. 921  (a)  Definitions In this section: (1)  Chesapeake bay agreements The term Chesapeake Bay agreements means the formal, voluntary agreements (A) executed to achieve the goal of restoring and protecting the Chesapeake Bay watershed ecosystem and the living resources of the Chesapeake Bay watershed ecosystem; and (B) signed by the Chesapeake Executive Council. (2)  Chesapeake bay program The term Chesapeake Bay program means the program directed by the Chesapeake Executive Council in accordance with the Chesapeake Bay agreements. (3)  Chesapeake bay watershed The term Chesapeake Bay watershed means the region that covers (A) the Chesapeake Bay; (B) the portions of the States of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia that drain into the Chesapeake Bay; and (C) the District of Columbia. (4)  Chesapeake executive council The term Chesapeake Executive Council means the council comprised of (A) the Governors of each of the States of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia; (B) the Mayor of the District of Columbia; (C) the Chair of the Chesapeake Bay Commission; and (D) the Administrator of the Environmental Protection Agency. (5)  Chesapeake wild program The term Chesapeake WILD program means the nonregulatory program established by the Secretary under subsection (b)(1). (6)  Grant program The term grant program means the Chesapeake Watershed Investments for Landscape Defense grant program established by the Secretary under subsection (c)(1). (7)  Restoration and protection activity The term restoration and protection activity means an activity carried out for the conservation, stewardship, and enhancement of habitat for fish and wildlife (A) to preserve and improve ecosystems and ecological processes on which the fish and wildlife depend; and (B) for use and enjoyment by the public. (8)  Secretary The term Secretary means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service. (b)  Program Establishment. (1)  Establishment Not later than 180 days after the date of enactment of this Act [ Oct. 30, 2020 (2)  Purposes The purposes of the Chesapeake WILD program are (A) coordinating restoration and protection activities among Federal, State, local, and regional entities and conservation partners throughout the Chesapeake Bay watershed; (B) engaging other agencies and organizations to build a broader range of partner support, capacity, and potential funding for projects in the Chesapeake Bay watershed; (C) carrying out coordinated restoration and protection activities, and providing for technical assistance, throughout the Chesapeake Bay watershed (i) to sustain and enhance restoration and protection activities; (ii) to improve and maintain water quality to support fish and wildlife, habitats of fish and wildlife, and drinking water for people; (iii) to sustain and enhance water management for volume and flood damage mitigation improvements to benefit fish and wildlife habitat; (iv) to improve opportunities for public access and recreation in the Chesapeake Bay watershed consistent with the ecological needs of fish and wildlife habitat; (v) to facilitate strategic planning to maximize the resilience of natural ecosystems and habitats under changing watershed conditions; (vi) to engage the public through outreach, education, and citizen involvement to increase capacity and support for coordinated restoration and protection activities in the Chesapeake Bay watershed; (vii) to sustain and enhance vulnerable communities and fish and wildlife habitat; (viii) to conserve and restore fish, wildlife, and plant corridors; and (ix) to increase scientific capacity to support the planning, monitoring, and research activities necessary to carry out coordinated restoration and protection activities. (3)  Duties In carrying out the Chesapeake WILD program, the Secretary shall (A) draw on existing plans for the Chesapeake Bay watershed, or portions of the Chesapeake Bay watershed, including the Chesapeake Bay agreements, and work in consultation with applicable management entities, including Chesapeake Bay program partners, such as the Federal Government, State and local governments, the Chesapeake Bay Commission, and other regional organizations, as appropriate, to identify, prioritize, and implement restoration and protection activities within the Chesapeake Bay watershed; (B) adopt a Chesapeake Bay watershed-wide strategy that (i) supports the implementation of a shared set of science-based restoration and protection activities developed in accordance with subparagraph (A); and (ii) targets cost-effective projects with measurable results; and (C) establish the grant program in accordance with subsection (c). (4)  Coordination In establishing the Chesapeake WILD program, the Secretary shall consult, as appropriate, with (A) the heads of Federal agencies, including (i) the Administrator of the Environmental Protection Agency; (ii) the Administrator of the National Oceanic and Atmospheric Administration; (iii) the Chief of the Natural Resources Conservation Service; (iv) the Chief of Engineers; (v) the Director of the United States Geological Survey; (vi) the Secretary of Transportation; (vii) the Chief of the Forest Service; and (viii) the head of any other applicable agency; (B) the Governors of each of the States of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia and the Mayor of the District of Columbia; (C) fish and wildlife joint venture partnerships; and (D) other public agencies and organizations with authority for the planning and implementation of conservation strategies in the Chesapeake Bay watershed. (c)  Grants and Technical Assistance. (1)  Chesapeake wild grant program To the extent that funds are made available to carry out this subsection, the Secretary shall establish and carry out, as part of the Chesapeake WILD program, a voluntary grant and technical assistance program, to be known as the Chesapeake Watershed Investments for Landscape Defense grant program, to provide competitive matching grants of varying amounts and technical assistance to eligible entities described in paragraph (2) to carry out activities described in subsection (b)(2). (2)  Eligible entities The following entities are eligible to receive a grant and technical assistance under the grant program: (A) A State. (B) The District of Columbia. (C) A unit of local government. (D) A nonprofit organization. (E) An institution of higher education as such term is defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) (F) Any other entity that the Secretary determines to be appropriate in accordance with the criteria established under paragraph (3). (3)  Criteria The Secretary, in consultation with officials and entities described in subsection (b)(4), shall establish criteria for the grant program to help ensure that activities funded under this subsection (A) accomplish 1 or more of the purposes described in subsection (b)(2); and (B) advance the implementation of priority actions or needs identified in the Chesapeake Bay watershed-wide strategy adopted under subsection (b)(3)(B). (4)  Cost sharing. (A)  Department of the interior share The Department of the Interior share of the cost of a project funded under the grant program shall not exceed 50 percent of the total cost of the project, as determined by the Secretary. (B)  Non-department of the interior share. (i)  In general The non-Department of the Interior share of the cost of a project funded under the grant program may be provided in cash or in the form of an in-kind contribution of services or materials. (ii)  Other federal funding Non-Department of the Interior Federal funds may be used for not more than 25 percent of the total cost of a project funded under the grant program. (5)  Administration The Secretary may enter into an agreement to manage the grant program with an organization that offers grant management services. (d)  Reporting Not later than 180 days after the date of enactment of this Act [ Oct. 30, 2020 (e)  Authorization of Appropriations. (1)  In general There is authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2021 through 2025. (2)  Supplement, not supplant Funds made available under paragraph (1) shall supplement, and not supplant, funding for other activities conducted by the Secretary in the Chesapeake Bay watershed. Chesapeake Bay Accountability and Recovery Pub. L. 113273 Dec. 18, 2014 128 Stat. 2967  SECTION 1. SHORT TITLE. This Act may be cited as the Chesapeake Bay Accountability and Recovery Act of 2014. SEC. 2. DEFINITIONS. In this Act: (1)  Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2)  Chesapeake bay state The term Chesapeake Bay State or State means any of (A) the States of Maryland, West Virginia, Delaware, and New York; (B) the Commonwealths of Virginia and Pennsylvania; and (C) the District of Columbia. (3)  Chesapeake bay watershed The term Chesapeake Bay watershed means all tributaries, backwaters, and side channels, including watersheds, draining into the Chesapeake Bay. (4)  Chesapeake executive council The term Chesapeake Executive Council has the meaning given the term by section 117(a) of the Federal Water Pollution Control Act ( 33 U.S.C. 1267(a) (5)  Chief executive The term chief executive means, in the case of a State or Commonwealth, the Governor of the State or Commonwealth and, in the case of the District of Columbia, the Mayor of the District of Columbia. (6)  Director The term Director means the Director of the Office of Management and Budget. (7)  Federal restoration activity. (A)  In general The term Federal restoration activity means a Federal program or project carried out under Federal authority in existence as of the date of enactment of this Act [ Dec. 18, 2014 (B)  Categorization Federal restoration activities may be categorized as follows: (i) Physical restoration. (ii) Planning. (iii) Feasibility studies. (iv) Scientific research. (v) Monitoring. (vi) Education. (vii) Infrastructure development. (8)  State restoration activity. (A)  In general The term State restoration activity means any State program or project carried out under State authority that directly or indirectly protect[s], conserve[s], or restore[s] living resources, habitat, water resources, or water quality in the Chesapeake Bay watershed, including programs or projects that promote responsible land use, stewardship, and community engagement in the Chesapeake Bay watershed. (B)  Categorization State restoration activities may be categorized as follows: (i) Physical restoration. (ii) Planning. (iii) Feasibility studies. (iv) Scientific research. (v) Monitoring. (vi) Education. (vii) Infrastructure development. SEC. 3. CHESAPEAKE BAY CROSSCUT BUDGET. (a)  In General The Director, in consultation with the Chesapeake Executive Council, the chief executive of each Chesapeake Bay State, and the Chesapeake Bay Commission, shall submit to Congress a financial report containing (1) an interagency crosscut budget that displays, as applicable (A) the proposed funding for any Federal restoration activity to be carried out in the succeeding fiscal year, including any planned interagency or intra-agency transfer, for each of the Federal agencies that carry out restoration activities; (B) to the extent that information is available, the estimated funding for any State restoration activity to be carried out in the succeeding fiscal year; (C) all expenditures for Federal restoration activities from the preceding 2 fiscal years, the current fiscal year, and the succeeding fiscal year; (D) all expenditures, to the extent that information is available, for State restoration activities during the equivalent time period described in subparagraph (C); and (E) a section that identifies and evaluates, based on need and appropriateness, specific opportunities to consolidate similar programs and activities within the budget and recommendations to Congress for legislative action to streamline, consolidate, or eliminate similar programs and activities within the budget; (2) a detailed accounting of all funds received and obligated by each Federal agency for restoration activities during the current and preceding fiscal years, including the identification of funds that were transferred to a Chesapeake Bay State for restoration activities; (3) to the extent that information is available, a detailed accounting from each State of all funds received and obligated from a Federal agency for restoration activities during the current and preceding fiscal years; and (4) a description of each of the proposed Federal and State restoration activities to be carried out in the succeeding fiscal year (corresponding to those activities listed in subparagraphs (A) and (B) of paragraph (1)), including (A) the project description; (B) the current status of the project; (C) the Federal or State statutory or regulatory authority, program, or responsible agency; (D) the authorization level for appropriations; (E) the project timeline, including benchmarks; (F) references to project documents; (G) descriptions of risks and uncertainties of project implementation; (H) a list of coordinating entities; (I) a description of the funding history for the project; (J) cost sharing; and (K) alignment with the existing Chesapeake Bay Agreement, Chesapeake Executive Council goals and priorities, and Annual Action Plan required by section 205 of Executive Order 13508 ( 33 U.S.C. 1267 (b)  Minimum Funding Levels In describing restoration activities in the report required under subsection (a), the Director shall only include (1) for the first 3 years that the report is required, descriptions of (A) Federal restoration activities that have funding amounts greater than or equal to $300,000; and (B) State restoration activities that have funding amounts greater than or equal to $300,000; and (2) for every year thereafter, descriptions of (A) Federal restoration activities that have funding amounts greater than or equal to $100,000; and (B) State restoration activities that have funding amounts greater than or equal to $100,000. (c)  Deadline The Director shall submit to Congress the report required by subsection (a) not later than September 30 of each year. (d)  Report Copies of the report required by subsection (a) shall be submitted to the Committees on Appropriations, Natural Resources, Energy and Commerce, and Transportation and Infrastructure of the House of Representatives and the Committees on Appropriations, Environment and Public Works, and Commerce, Science, and Transportation of the Senate. (e)  Effective Date This section shall apply beginning with the first fiscal year after the date of enactment of this Act [ Dec. 18, 2014 SEC. 4. INDEPENDENT EVALUATOR FOR THE CHESAPEAKE BAY PROGRAM. (a)  In General There shall be an Independent Evaluator for restoration activities in the Chesapeake Bay watershed, who shall review and report on (1) restoration activities; and (2) any related topics that are suggested by the Chesapeake Executive Council. (b)  Appointment. (1)  In general Not later than 30 days after the date of submission of nominees by the Chesapeake Executive Council, the Independent Evaluator shall be appointed by the Administrator from among nominees submitted by the Chesapeake Executive Council with the consultation of the scientific community. (2)  Nominations The Chesapeake Executive Council may nominate for consideration as Independent Evaluator a science-based institution of higher education. (3)  Requirements The Administrator shall only select as Independent Evaluator a nominee that the Administrator determines demonstrates excellence in marine science, policy evaluation, or other studies relating to complex environmental restoration activities. (c)  Reports Not later than 180 days after the date of appointment and once every 2 years thereafter, the Independent Evaluator shall submit to Congress a report describing the findings and recommendations of reviews conducted under subsection (a). SEC. 5. PROHIBITION ON NEW FUNDING. No additional funds are authorized to be appropriated to carry out this Act. Findings and Purposes Pub. L. 106457, title II,  202 Nov. 7, 2000 114 Stat. 1967  (a)  Findings Congress finds that (1) the Chesapeake Bay is a national treasure and a resource of worldwide significance; (2) over many years, the productivity and water quality of the Chesapeake Bay and its watershed were diminished by pollution, excessive sedimentation, shoreline erosion, the impacts of population growth and development in the Chesapeake Bay watershed, and other factors; (3) the Federal Government (acting through the Administrator of the Environmental Protection Agency), the Governor of the State of Maryland, the Governor of the Commonwealth of Virginia, the Governor of the Commonwealth of Pennsylvania, the Chairperson of the Chesapeake Bay Commission, and the mayor of the District of Columbia, as Chesapeake Bay Agreement signatories, have committed to a comprehensive cooperative program to achieve improved water quality and improvements in the productivity of living resources of the Bay; (4) the cooperative program described in paragraph (3) serves as a national and international model for the management of estuaries; and (5) there is a need to expand Federal support for monitoring, management, and restoration activities in the Chesapeake Bay and the tributaries of the Bay in order to meet and further the original and subsequent goals and commitments of the Chesapeake Bay Program. (b)  Purposes The purposes of this title [amending this section and enacting provisions set out as a note under section 1251 of this title (1) to expand and strengthen cooperative efforts to restore and protect the Chesapeake Bay; and (2) to achieve the goals established in the Chesapeake Bay Agreement. Nutrient Loading Resulting From Dredged Material Disposal Pub. L. 10653, title IV,  457 Aug. 17, 1999 113 Stat. 332  (a)  Study The Secretary shall conduct a study of nutrient loading that occurs as a result of discharges of dredged material into open-water sites in the Chesapeake Bay. (b)  Report Not later than 18 months after the date of enactment of this Act [ Aug. 17, 1999 Executive Documents  Ex. Ord. No. 13508. Chesapeake Bay Protection and Restoration Ex. Ord. No. 13508, May 12, 2009 By the authority vested in me as President by the Constitution and the laws of the United States of America and in furtherance of the purposes of the Clean Water Act of 1972, as amended ( 33 U.S.C. 1251 et seq  PART 1Preamble The Chesapeake Bay is a national treasure constituting the largest estuary in the United States and one of the largest and most biologically productive estuaries in the world. The Federal Government has nationally significant assets in the Chesapeake Bay and its watershed in the form of public lands, facilities, military installations, parks, forests, wildlife refuges, monuments, and museums. Despite significant efforts by Federal, State, and local governments and other interested parties, water pollution in the Chesapeake Bay prevents the attainment of existing State water quality standards and the fishable and swimmable goals of the Clean Water Act. At the current level and scope of pollution control within the Chesapeake Bays watershed, restoration of the Chesapeake Bay is not expected for many years. The pollutants that are largely responsible for pollution of the Chesapeake Bay are nutrients, in the form of nitrogen and phosphorus, and sediment. These pollutants come from many sources, including sewage treatment plants, city streets, development sites, agricultural operations, and deposition from the air onto the waters of the Chesapeake Bay and the lands of the watershed. Restoration of the health of the Chesapeake Bay will require a renewed commitment to controlling pollution from all sources as well as protecting and restoring habitat and living resources, conserving lands, and improving management of natural resources, all of which contribute to improved water quality and ecosystem health. The Federal Government should lead this effort. Executive departments and agencies (agencies), working in collaboration, can use their expertise and resources to contribute significantly to improving the health of the Chesapeake Bay. Progress in restoring the Chesapeake Bay also will depend on the support of State and local governments, the enterprise of the private sector, and the stewardship provided to the Chesapeake Bay by all the people who make this region their home.  PART 2Shared Federal Leadership, Planning, and Accountability Sec Federal Leadership Committee Sec Reports on Key Challenges to Protecting and Restoring the Chesapeake Bay (a) define the next generation of tools and actions to restore water quality in the Chesapeake Bay and describe the changes to be made to regulations, programs, and policies to implement these actions; (b) target resources to better protect the Chesapeake Bay and its tributary waters, including resources under the Food Security Act of 1985 as amended, the Clean Water Act, and other laws; (c) strengthen storm water management practices at Federal facilities and on Federal lands within the Chesapeake Bay watershed and develop storm water best practices guidance; (d) assess the impacts of a changing climate on the Chesapeake Bay and develop a strategy for adapting natural resource programs and public infrastructure to the impacts of a changing climate on water quality and living resources of the Chesapeake Bay watershed; (e) expand public access to waters and open spaces of the Chesapeake Bay and its tributaries from Federal lands and conserve landscapes and ecosystems of the Chesapeake Bay watershed; (f) strengthen scientific support for decisionmaking to restore the Chesapeake Bay and its watershed, including expanded environmental research and monitoring and observing systems; and (g) develop focused and coordinated habitat and research activities that protect and restore living resources and water quality of the Chesapeake Bay and its watershed. The EPA shall be the lead agency for subsection (a) of this section and the development of the storm water best practices guide under subsection (c). The USDA shall be the lead agency for subsection (b). The DOD shall lead on storm water management practices at Federal facilities and on Federal lands under subsection (c). The DOI and the DOC shall share the lead on subsections (d), (f), and (g), and the DOI shall be lead on subsection (e). The lead agencies shall provide final reports to the Committee within 180 days of the date of this order. Sec Strategy for Protecting and Restoring the Chesapeake Bay (a) define environmental goals for the Chesapeake Bay and describe milestones for making progress toward attainment of these goals; (b) identify key measureable indicators of environmental condition and changes that are critical to effective Federal leadership; (c) describe the specific programs and strategies to be implemented, including the programs and strategies described in draft reports developed under section 202 of this order; (d) identify the mechanisms that will assure that governmental and other activities, including data collection and distribution, are coordinated and effective, relying on existing mechanisms where appropriate; and (e) describe a process for the implementation of adaptive management principles, including a periodic evaluation of protection and restoration activities. The Committee shall review the draft reports submitted by lead agencies under section 202 of this order and, in consultation with relevant State agencies, suggest appropriate revisions to the agency that provided the draft report. It shall then integrate these reports into a coordinated strategy for restoration and protection of the Chesapeake Bay consistent with the requirements of this order. Together with the final reports prepared by the lead agencies, the draft strategy shall be published for public review and comment within 180 days of the date of this order and a final strategy shall be published within 1 year. To the extent practicable and authorized under their existing authorities, agencies may begin implementing core elements of restoration and protection programs and strategies, in consultation with the Committee, as soon as possible and prior to release of a final strategy. Sec Collaboration with State Partners Sec Annual Action Plan and Progress Report Sec Strengthen Accountability  PART 3Restore Chesapeake Bay Water Quality Sec Water Pollution Control Strategies (a) establish a clear path to meeting, as expeditiously as practicable, water quality and environmental restoration goals for the Chesapeake Bay; (b) are based on sound science and reflect adaptive management principles; (c) are performance oriented and publicly accountable; (d) apply innovative and cost-effective pollution control measures; (e) can be replicated in efforts to protect other bodies of water, where appropriate; and (f) build on the strengths and expertise of Federal, State, and local governments, the private sector, and citizen organizations. Sec Elements of EPA Reports (a) using Clean Water Act tools, including strengthening existing permit programs and extending coverage where appropriate; (b) establishing new, minimum standards of performance where appropriate, including: (i) establishing a schedule for the implementation of key actions in cooperation with States, local governments, and others; (ii) constructing watershed-based frameworks that assign pollution reduction responsibilities to pollution sources and maximize the reliability and cost-effectiveness of pollution reduction programs; and (iii) implementing a compliance and enforcement strategy.  PART 4Agricultural Practices To Protect the Chesapeake Bay Sec  PART 5Reduce Water Pollution From Federal Lands and Facilities Sec Sec  PART 6Protect Chesapeake Bay as the Climate Changes Sec (a) the impact of sea level rise on the aquatic ecosystem of the Chesapeake Bay, including nutrient and sediment load contributions from stream banks and shorelines; (b) the impacts of increasing temperature, acidity, and salinity levels of waters in the Chesapeake Bay; (c) the impacts of changing rainfall levels and changes in rainfall intensity on water quality and aquatic life; (d) potential impacts of climate change on fish, wildlife, and their habitats in the Chesapeake Bay and its watershed; and (e) potential impacts of more severe storms on Chesapeake Bay resources.  PART 7Expand Public Access to the Chesapeake Bay and Conserve Landscapes and Ecosystems Sec (i) a list and description of existing sites on agency lands and facilities where public access to the Chesapeake Bay or its tributary waters is offered; (ii) a description of options for expanding public access at these agency sites; (iii) a description of agency sites where new opportunities for public access might be provided; (iv) a description of safety and national security issues related to expanded public access to Department of Defense installations; (v) a description of landscapes and ecosystems in the Chesapeake Bay watershed that merit recognition for their historical, cultural, ecological, or scientific values; and (vi) options for conserving these landscapes and ecosystems. (b) In developing the report addressing expanded public access on agency lands to the waters of the Chesapeake Bay and options for conserving landscapes and ecosystems in the Chesapeake Bay, as required in subsection 202(e) of this order, the Secretary of the Interior shall coordinate any recommendations with State and local agencies in the watershed and programs such as the Captain John Smith Chesapeake National Historic Trail, the Chesapeake Bay Gateways and Watertrails Network, and the Star-Spangled Banner National Historic Trail.  PART 8Monitoring and Decision Support for Ecosystem Management Sec (a) the health of fish and wildlife in the Chesapeake Bay watershed; (b) factors affecting changes in water quality and habitat conditions; and (c) using adaptive management to plan, monitor, evaluate, and adjust environmental management actions.  PART 9Living Resources Protection and Restoration Sec  PART 10Exceptions Sec (a) during time of war or national emergency; (b) when necessary for reasons of national security; (c) during emergencies posing an unacceptable threat to human health or safety or to the marine environment and admitting of no other feasible solution; or (d) in any case that constitutes a danger to human life or a real threat to vessels, aircraft, platforms, or other man-made structures at sea, such as cases of force majeure  PART 11General Provisions Sec (i) authority granted by law to a department, agency, or the head thereof; or (ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.  Barack Obama.  1268. Great Lakes (a) Findings, purpose, and definitions (1) Findings The Congress finds that (A) the Great Lakes are a valuable national resource, continuously serving the people of the United States and other nations as an important source of food, fresh water, recreation, beauty, and enjoyment; (B) the United States should seek to attain the goals embodied in the Great Lakes Water Quality Agreement of 1978, as amended by the Water Quality Agreement of 1987 and any other agreements and amendments, with particular emphasis on goals related to toxic pollutants; and (C) the Environmental Protection Agency should take the lead in the effort to meet those goals, working with other Federal agencies and State and local authorities. (2) Purpose It is the purpose of this section to achieve the goals embodied in the Great Lakes Water Quality Agreement of 1978, as amended by the Water Quality Agreement of 1987 and any other agreements and amendments, through improved organization and definition of mission on the part of the Agency, funding of State grants for pollution control in the Great Lakes area, and improved accountability for implementation of such agreement. (3) Definitions For purposes of this section, the term (A) Agency means the Environmental Protection Agency; (B) Great Lakes means Lake Ontario, Lake Erie, Lake Huron (including Lake St. Clair), Lake Michigan, and Lake Superior, and the connecting channels (Saint Marys River, Saint Clair River, Detroit River, Niagara River, and Saint Lawrence River to the Canadian Border); (C) Great Lakes System means all the streams, rivers, lakes, and other bodies of water within the drainage basin of the Great Lakes; (D) Program Office means the Great Lakes National Program Office established by this section; (E) Research Office means the Great Lakes Research Office established by subsection (d); (F) area of concern means a geographic area located within the Great Lakes, in which beneficial uses are impaired and which has been officially designated as such under Annex 2 of the Great Lakes Water Quality Agreement; (G) Great Lakes States means the States of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin; (H) Great Lakes Water Quality Agreement means the bilateral agreement, between the United States and Canada which was signed in 1978 and amended by the Protocol of 1987; (I) Lakewide Management Plan means a written document which embodies a systematic and comprehensive ecosystem approach to restoring and protecting the beneficial uses of the open waters of each of the Great Lakes, in accordance with article VI and Annex 2 of the Great Lakes Water Quality Agreement; (J) Remedial Action Plan means a written document which embodies a systematic and comprehensive ecosystem approach to restoring and protecting the beneficial uses of areas of concern, in accordance with article VI and Annex 2 of the Great Lakes Water Quality Agreement; (K) site characterization means a process for monitoring and evaluating the nature and extent of sediment contamination in accordance with the Environmental Protection Agencys guidance for the assessment of contaminated sediment in an area of concern located wholly or partially within the United States; and (L) potentially responsible party means an individual or entity that may be liable under any Federal or State authority that is being used or may be used to facilitate the cleanup and protection of the Great Lakes. (b) Great Lakes National Program Office The Great Lakes National Program Office (previously established by the Administrator) is hereby established within the Agency. The Program Office shall be headed by a Director who, by reason of management experience and technical expertise relating to the Great Lakes, is highly qualified to direct the development of programs and plans on a variety of Great Lakes issues. The Great Lakes National Program Office shall be located in a Great Lakes State. (c) Great Lakes management (1) Functions The Program Office shall (A) in cooperation with appropriate Federal, State, tribal, and international agencies, and in accordance with section 1251(e) of this title 1 1 (B) establish a Great Lakes system-wide surveillance network to monitor the water quality of the Great Lakes, with specific emphasis on the monitoring of toxic pollutants; (C) serve as the liaison with, and provide information to, the Canadian members of the International Joint Commission and the Canadian counterpart to the Agency; (D) coordinate actions of the Agency (including actions by headquarters and regional offices thereof) aimed at improving Great Lakes water quality; and (E) coordinate actions of the Agency with the actions of other Federal agencies and State and local authorities, so as to ensure the input of those agencies and authorities in developing water quality strategies and obtain the support of those agencies and authorities in achieving the objectives of such agreement. (2) Great Lakes water quality guidance (A) By June 30, 1991 (B) By June 30, 1992 (C) Within two years after such Great Lakes guidance is published, the Great Lakes States shall adopt water quality standards, antidegradation policies, and implementation procedures for waters within the Great Lakes System which are consistent with such guidance. If a Great Lakes State fails to adopt such standards, policies, and procedures, the Administrator shall promulgate them not later than the end of such two-year period. When reviewing any Great Lakes States water quality plan, the agency shall consider the extent to which the State has complied with the Great Lakes guidance issued pursuant to this section. (3) Remedial Action Plans (A) For each area of concern for which the United States has agreed to draft a Remedial Action Plan, the Program Office shall ensure that the Great Lakes State in which such area of concern is located (i) submits a Remedial Action Plan to the Program Office by June 30, 1991 (ii) submits such Remedial Action Plan to the International Joint Commission by January 1, 1992 (iii) includes such Remedial Action Plans within the States water quality plan by January 1, 1993 (B) For each area of concern for which Canada has agreed to draft a Remedial Action Plan, the Program Office shall, pursuant to subparagraph (c)(1)(C) of this section, work with Canada to assure the submission of such Remedial Action Plans to the International Joint Commission by June 30, 1991 January 1, 1993 (C) For any area of concern designated as such subsequent to November 16, 1990 (D) The Program Office shall compile formal comments on individual Remedial Action Plans made by the International Joint Commission pursuant to section 4(d) of Annex 2 of the Great Lakes Water Quality Agreement and, upon request by a member of the public, shall make such comments available for inspection and copying. The Program Office shall also make available, upon request, formal comments made by the Environmental Protection Agency on individual Remedial Action Plans. (E)  Report Not later than 1 year after November 27, 2002 (i) this paragraph; and (ii) the Great Lakes Water Quality Agreement. (4) Lakewide Management Plans The Administrator, in consultation with the Program Office shall (A) by January 1, 1992 (B) by January 1, 1993 (C) by January 1, 1994 Nothing in this subparagraph 2 2 (5) Spills of oil and hazardous materials The Program Office, in consultation with the Coast Guard, shall identify areas within the Great Lakes which are likely to experience numerous or voluminous spills of oil or other hazardous materials from land based facilities, vessels, or other sources and, in consultation with the Great Lakes States, shall identify weaknesses in Federal and State programs and systems to prevent and respond to such spills. This information shall be included on at least a biennial basis in the report required by this section. (6) 5-year plan and program The Program Office shall develop, in consultation with the States, a five-year plan and program for reducing the amount of nutrients introduced into the Great Lakes. Such program shall incorporate any management program for reducing nutrient runoff from nonpoint sources established under section 1329 of this title (7) Great Lakes Restoration Initiative (A) Establishment There is established in the Agency a Great Lakes Restoration Initiative (referred to in this paragraph as the Initiative) to carry out programs and projects for Great Lakes protection and restoration. (B) Focus areas In carrying out the Initiative, the Administrator shall prioritize programs and projects, to be carried out in coordination with non-Federal partners, that address the priority areas described in the Initiative Action Plan, including (i) the remediation of toxic substances and areas of concern; (ii) the prevention and control of invasive species and the impacts of invasive species; (iii) the protection and restoration of nearshore health and the prevention and mitigation of nonpoint source pollution; (iv) habitat and wildlife protection and restoration, including wetlands restoration and preservation; and (v) accountability, monitoring, evaluation, communication, and partnership activities. (C) Projects (i) In general In carrying out the Initiative, the Administrator shall collaborate with other Federal partners, including the Great Lakes Interagency Task Force established by Executive Order No. 13340 (69 Fed. Reg. 29043), to select the best combination of programs and projects for Great Lakes protection and restoration using appropriate principles and criteria, including whether a program or project provides (I) the ability to achieve strategic and measurable environmental outcomes that implement the Initiative Action Plan and the Great Lakes Water Quality Agreement; (II) the feasibility of (aa) prompt implementation; (bb) timely achievement of results; and (cc) resource leveraging; and (III) the opportunity to improve interagency, intergovernmental, and interorganizational coordination and collaboration to reduce duplication and streamline efforts. (ii) Outreach In selecting the best combination of programs and projects for Great Lakes protection and restoration under clause (i), the Administrator shall consult with the Great Lakes States and Indian tribes and solicit input from other non-Federal stakeholders. (iii) Harmful algal bloom coordinator The Administrator shall designate a point person from an appropriate Federal partner to coordinate, with Federal partners and Great Lakes States, Indian tribes, and other non-Federal stakeholders, projects and activities under the Initiative involving harmful algal blooms in the Great Lakes. (D) Implementation of projects (i) In general Subject to subparagraph (J)(ii), funds made available to carry out the Initiative shall be used to strategically implement (I) Federal projects; (II) projects carried out in coordination with States, Indian tribes, municipalities, institutions of higher education, and other organizations; and (III) operations and activities of the Program Office, including remediation of sediment contamination in areas of concern. (ii) Transfer of funds With amounts made available for the Initiative each fiscal year, the Administrator may (I) transfer not more than the total amount appropriated under subparagraph (J)(i) for the fiscal year to the head of any Federal department or agency, with the concurrence of the department or agency head, to carry out activities to support the Initiative and the Great Lakes Water Quality Agreement; and (II) enter into an interagency agreement with the head of any Federal department or agency to carry out activities described in subclause (I). (iii) Agreements with non-Federal entities (I) In general The Administrator, or the head of any other Federal department or agency receiving funds under clause (ii)(I), may make a grant to, or otherwise enter into an agreement with, a qualified non-Federal entity, as determined by the Administrator or the applicable head of the other Federal department or agency receiving funds, for planning, research, monitoring, outreach, or implementation of a project selected under subparagraph (C), to support the Initiative Action Plan or the Great Lakes Water Quality Agreement. (II) Qualified non-Federal entity For purposes of this clause, a qualified non-Federal entity may include a governmental entity, nonprofit organization, institution, or individual. (E) Scope (i) In general Projects may be carried out under the Initiative on multiple levels, including (I) locally; (II) Great Lakes-wide; or (III) Great Lakes basin-wide. (ii) Limitation No funds made available to carry out the Initiative may be used for any water infrastructure activity (other than a green infrastructure project that improves habitat and other ecosystem functions in the Great Lakes) for which financial assistance is received (I) from a State water pollution control revolving fund established under subchapter VI; (II) from a State drinking water revolving loan fund established under section 300j12 of title 42 (III) pursuant to the Water Infrastructure Finance and Innovation Act of 2014 ( 33 U.S.C. 3901 (F) Activities by other Federal agencies Each relevant Federal department or agency shall, to the maximum extent practicable (i) maintain the base level of funding for the Great Lakes activities of that department or agency without regard to funding under the Initiative; and (ii) identify new activities and projects to support the environmental goals of the Initiative. (G) Revision of Initiative Action Plan (i) In general Not less often than once every 5 years, the Administrator, in conjunction with the Great Lakes Interagency Task Force, shall review, and revise as appropriate, the Initiative Action Plan to guide the activities of the Initiative in addressing the restoration and protection of the Great Lakes system. (ii) Outreach In reviewing and revising the Initiative Action Plan under clause (i), the Administrator shall consult with the Great Lakes States and Indian tribes and solicit input from other non-Federal stakeholders. (H) Monitoring and reporting The Administrator shall (i) establish and maintain a process for monitoring and periodically reporting to the public on the progress made in implementing the Initiative Action Plan; (ii) make information about each project carried out under the Initiative Action Plan available on a public website; and (iii) provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a yearly detailed description of the progress of the Initiative and amounts transferred to participating Federal departments and agencies under subparagraph (D)(ii). (I) Initiative Action Plan defined In this paragraph, the term Initiative Action Plan means the comprehensive, multiyear action plan for the restoration of the Great Lakes, first developed pursuant to the Joint Explanatory Statement of the Conference Report accompanying the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010 ( Public Law 11188 (J) Funding (i) In general There are authorized to be appropriated to carry out this paragraph (I) $300,000,000 for each of fiscal years 2017 through 2021; (II) $375,000,000 for fiscal year 2022; (III) $400,000,000 for fiscal year 2023; (IV) $425,000,000 for fiscal year 2024; (V) $450,000,000 for fiscal year 2025; and (VI) $475,000,000 for fiscal year 2026. (ii) Limitation Nothing in this paragraph creates, expands, or amends the authority of the Administrator to implement programs or projects under (I) this section; (II) the Initiative Action Plan; or (III) the Great Lakes Water Quality Agreement. (8) Administrators responsibility The Administrator shall ensure that the Program Office enters into agreements with the various organizational elements of the Agency involved in Great Lakes activities and the appropriate State agencies specifically delineating (A) the duties and responsibilities of each such element in the Agency with respect to the Great Lakes; (B) the time periods for carrying out such duties and responsibilities; and (C) the resources to be committed to such duties and responsibilities. (9) Budget item The Administrator shall, in the Agencys annual budget submission to Congress, include a funding request for the Program Office as a separate budget line item. (10) Confined disposal facilities (A) The Administrator, in consultation with the Assistant Secretary of the Army for Civil Works, shall develop and implement, within one year of November 16, 1990 (B) The plan shall provide for monitoring of such facilities, including (i) water quality at the site and in the area of the site; (ii) sediment quality at the site and in the area of the site; (iii) the diversity, productivity, and stability of aquatic organisms at the site and in the area of the site; and (iv) such other conditions as the Administrator deems appropriate. (C) The plan shall identify the anticipated use and management of the site over the following twenty-year period including the expected termination of dumping at the site, the anticipated need for site management, including pollution control, following the termination of the use of the site. (D) The plan shall identify a schedule for review and revision of the plan which shall not be less frequent than five years after adoption of the plan and every five years thereafter. (11) Remediation of sediment contamination in areas of concern (A) In general In accordance with this paragraph, the Administrator, acting through the Program Office, may carry out projects that meet the requirements of subparagraph (B). (B) Eligible projects A project meets the requirements of this subparagraph if the project is to be carried out in an area of concern located wholly or partially in the United States and the project (i) monitors or evaluates contaminated sediment; (ii) subject to subparagraph (D), implements a plan to remediate contaminated sediment, including activities to restore aquatic habitat that are carried out in conjunction with a project for the remediation of contaminated sediment; or (iii) prevents further or renewed contamination of sediment. (C) Priority In selecting projects to carry out under this paragraph, the Administrator shall give priority to a project that (i) constitutes remedial action for contaminated sediment; (ii) (I) has been identified in a Remedial Action Plan submitted under paragraph (3); and (II) is ready to be implemented; (iii) will use an innovative approach, technology, or technique that may provide greater environmental benefits, or equivalent environmental benefits at a reduced cost; or (iv) includes remediation to be commenced not later than 1 year after the date of receipt of funds for the project. (D) Limitations The Administrator may not carry out a project under this paragraph for remediation of contaminated sediments located in an area of concern (i) if an evaluation of remedial alternatives for the area of concern has not been conducted, including a review of the short-term and long-term effects of the alternatives on human health and the environment; (ii) if the Administrator determines that the area of concern is likely to suffer significant further or renewed contamination from existing sources of pollutants causing sediment contamination following completion of the project; (iii) unless each non-Federal sponsor for the project has entered into a written project agreement with the Administrator under which the party agrees to carry out its responsibilities and requirements for the project; or (iv) unless the Administrator provides assurance that the Agency has conducted a reasonable inquiry to identify potentially responsible parties connected with the site. (E) Non-Federal share (i) In general The non-Federal share of the cost of a project carried out under this paragraph shall be at least 35 percent. (ii) In-kind contributions (I) In general The non-Federal share of the cost of a project carried out under this paragraph may include the value of an in-kind contribution provided by a non-Federal sponsor. (II) Credit A project agreement described in subparagraph (D)(iii) may provide, with respect to a project, that the Administrator shall credit toward the non-Federal share of the cost of the project the value of an in-kind contribution made by the non-Federal sponsor, if the Administrator determines that the material or service provided as the in-kind contribution is integral to the project. (III) Work performed before project agreement In any case in which a non-Federal sponsor is to receive credit under subclause (II) for the cost of work carried out by the non-Federal sponsor and such work has not been carried out by the non-Federal sponsor as of October 8, 2008 (IV) Limitation Credit authorized under this clause for a project carried out under this paragraph (aa) shall not exceed the non-Federal share of the cost of the project; and (bb) shall not exceed the actual and reasonable costs of the materials and services provided by the non-Federal sponsor, as determined by the Administrator. (V) Inclusion of certain contributions In this subparagraph, the term in-kind contribution may include the costs of planning (including data collection), design, construction, and materials that are provided by the non-Federal sponsor for implementation of a project under this paragraph. (iii) Treatment of credit between projects Any credit provided under this subparagraph towards the non-Federal share of the cost of a project carried out under this paragraph may be applied towards the non-Federal share of the cost of any other project carried out under this paragraph by the same non-Federal sponsor for a site within the same area of concern. (iv) Non-Federal share The non-Federal share of the cost of a project carried out under this paragraph (I) may include monies paid pursuant to, or the value of any in-kind contribution performed under, an administrative order on consent or judicial consent decree; but (II) may not include any funds paid pursuant to, or the value of any in-kind contribution performed under, a unilateral administrative order or court order. (v) Operation and maintenance The non-Federal share of the cost of the operation and maintenance of a project carried out under this paragraph shall be 100 percent. (F) Site characterization (i) In general The Administrator, in consultation with any affected State or unit of local government, shall carry out at Federal expense the site characterization of a project under this paragraph for the remediation of contaminated sediment. (ii) Limitation For purposes of clause (i), the Administrator may carry out one site assessment per discrete site within a project at Federal expense. (G) Coordination In carrying out projects under this paragraph, the Administrator shall coordinate with the Secretary of the Army, and with the Governors of States in which the projects are located, to ensure that Federal and State assistance for remediation in areas of concern is used as efficiently as practicable. (H) Authorization of appropriations (i) In general In addition to other amounts authorized under this section, there is authorized to be appropriated to carry out this paragraph $50,000,000 for each of fiscal years 2004 through 2010. (ii) Availability Funds made available under clause (i) shall remain available until expended. (iii) Allocation of funds Not more than 20 percent of the funds appropriated pursuant to clause (i) for a fiscal year may be used to carry out subparagraph (F). (12) Public information program (A) In general The Administrator, acting through the Program Office and in coordination with States, Indian tribes, local governments, and other entities, may carry out a public information program to provide information relating to the remediation of contaminated sediment to the public in areas of concern that are located wholly or partially in the United States. (B) Authorization of appropriations There is authorized to be appropriated to carry out this paragraph $1,000,000 for each of fiscal years 2004 through 2010. (d) Great Lakes research (1) Establishment of Research Office There is established within the National Oceanic and Atmospheric Administration the Great Lakes Research Office. (2) Identification of issues The Research Office shall identify issues relating to the Great Lakes resources on which research is needed. The Research Office shall submit a report to Congress on such issues before the end of each fiscal year which shall identify any changes in the Great Lakes system 3 3 (3) Inventory The Research Office shall identify and inventory Federal, State, university, and tribal environmental research programs (and, to the extent feasible, those of private organizations and other nations) relating to the Great Lakes system, 3 (4) Research exchange The Research Office shall establish a Great Lakes research exchange for the purpose of facilitating the rapid identification, acquisition, retrieval, dissemination, and use of information concerning research projects which are ongoing or completed and which affect the Great Lakes System. (5) Research program The Research Office shall develop, in cooperation with the Coordination Office, a comprehensive environmental research program and data base for the Great Lakes system. 3 (6) Monitoring The Research Office shall conduct, through the Great Lakes Environmental Research Laboratory, the National Sea Grant College program, other Federal laboratories, and the private sector, appropriate research and monitoring activities which address priority issues and current needs relating to the Great Lakes. (7) Location The Research Office shall be located in a Great Lakes State. (e) Research and management coordination (1) Joint plan Before October 1 of each year, the Program Office and the Research Office shall prepare a joint research plan for the fiscal year which begins in the following calendar year. (2) Contents of plan Each plan prepared under paragraph (1) shall (A) identify all proposed research dedicated to activities conducted under the Great Lakes Water Quality Agreement of 1978, as amended by the Water Quality Agreement of 1987 and any other agreements and amendments,; 1 (B) include the Agencys assessment of priorities for research needed to fulfill the terms of such Agreement; and (C) identify all proposed research that may be used to develop a comprehensive environmental data base for the Great Lakes System and establish priorities for development of such data base. (3) Health research report (A) Not later than September 30, 1994 (B) There is authorized to be appropriated to the Administrator to carry out this section not to exceed $3,000,000 for each of fiscal years 1992, 1993, and 1994. (f) Interagency cooperation The head of each department, agency, or other instrumentality of the Federal Government which is engaged in, is concerned with, or has authority over programs relating to research, monitoring, and planning to maintain, enhance, preserve, or rehabilitate the environmental quality and natural resources of the Great Lakes, including the Chief of Engineers of the Army, the Chief of the Soil Conservation Service, the Commandant of the Coast Guard, the Director of the Fish and Wildlife Service, and the Administrator of the National Oceanic and Atmospheric Administration, shall submit an annual report to the Administrator with respect to the activities of that agency or office affecting compliance with the Great Lakes Water Quality Agreement of 1978, as amended by the Water Quality Agreement of 1987 and any other agreements and amendments,. 1 (g) Relationship to existing Federal and State laws and international treaties Nothing in this section shall be construed (1) to affect the jurisdiction, powers, or prerogatives of any department, agency, or officer of the Federal Government or of any State government, or of any tribe, nor any powers, jurisdiction, or prerogatives of any international body created by treaty with authority relating to the Great Lakes; or (2) to affect any other Federal or State authority that is being used or may be used to facilitate the cleanup and protection of the Great Lakes. (h) Authorizations of Great Lakes appropriations There are authorized to be appropriated to the Administrator to carry out this section not to exceed (1) $11,000,000 per fiscal year for the fiscal years 1987, 1988, 1989, and 1990, and $25,000,000 for fiscal year 1991; (2) such sums as are necessary for each of fiscal years 1992 through 2003; and (3) $25,000,000 for each of fiscal years 2004 through 2008. ( June 30, 1948, ch. 758 Pub. L. 1004, title I,  104 Feb. 4, 1987 101 Stat. 11 Pub. L. 100688, title I,  1008 Nov. 18, 1988 102 Stat. 4151 Pub. L. 101596, title I Nov. 16, 1990 104 Stat. 30003004 Pub. L. 107303, title I Nov. 27, 2002 116 Stat. 23552358 Pub. L. 110365 Oct. 8, 2008 122 Stat. 4021 Pub. L. 113188, title VII,  701 Nov. 26, 2014 128 Stat. 2019 Pub. L. 114113, div. G, title IV,  426 Dec. 18, 2015 129 Stat. 2581 Pub. L. 114322, title IV,  5005 Dec. 16, 2016 130 Stat. 1889 Pub. L. 116294,  2 Jan. 5, 2021 134 Stat. 4899  Editorial Notes  References in Text Executive Order No. 13340, referred to in subsec. (c)(7)(C)(i), is Ex. Ord. No. 13340, May 18, 2004 section 1268 of this title The Water Infrastructure Finance and Innovation Act of 2014, referred to in subsec. (c)(7)(E)(ii)(III), is subtitle C ( 50215035) of title V of Pub. L. 113121 June 10, 2014 128 Stat. 1332 section 3901 of this title The Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010, referred to in subsec. (c)(7)(I), is Pub. L. 11188, div. A Oct. 30, 2009 123 Stat. 2904 Codification November 16, 1990 Pub. L. 101596, title I Amendments 2021Subsec. (c)(7)(J)(i). Pub. L. 116294 2016Subsec. (c)(7)(B), (C). Pub. L. 114322,  5005(1) Subsec. (c)(7)(D)(i). Pub. L. 114322,  5005(2)(A) (I) Federal projects; and (II) projects carried out in coordination with States, Indian tribes, municipalities, institutions of higher education, and other organizations. Subsec. (c)(7)(D)(ii)(I). Pub. L. 114322,  5005(2)(B) Subsec. (c)(7)(D)(iii). Pub. L. 114322,  5005(2)(C) Subsec. (c)(7)(E) to (J). Pub. L. 114322,  5005(3) 2015Subsec. (c)(7). Pub. L. 114113 2014Subsec. (c)(10) to (13). Pub. L. 113188 2008Subsec. (a)(3)(K), (L). Pub. L. 110365,  2 Subsec. (c)(12)(B)(ii). Pub. L. 110365,  3(a) Subsec. (c)(12)(D). Pub. L. 110365,  3(b)(1) Subsec. (c)(12)(D)(iii), (iv). Pub. L. 110365,  3(b)(2) Subsec. (c)(12)(E)(ii). Pub. L. 110365,  3(c) Subsec. (c)(12)(E)(iii). Pub. L. 110365,  3(d)(2) Subsec. (c)(12)(E)(iv). Pub. L. 110365,  3(d)(1) Subsec. (c)(12)(E)(v). Pub. L. 110365,  3(d)(1) Subsec. (c)(12)(F). Pub. L. 110365,  3(e) Subsec. (c)(12)(H)(i). Pub. L. 110365,  3(f)(1) Subsec. (c)(12)(H)(iii). Pub. L. 110365,  3(f)(2) Subsec. (c)(13)(B). Pub. L. 110365,  3(g) 2002Subsec. (c)(3)(E). Pub. L. 107303,  102 Subsec. (c)(12), (13). Pub. L. 107303,  103 Subsec. (g). Pub. L. 107303,  104 Subsec. (h). Pub. L. 107303,  105 (1) 40 percent shall be used by the Great Lakes National Program Office on demonstration projects on the feasibility of controlling and removing toxic pollutants; (2) 7 percent shall be used by the Great Lakes National Program Office for the program of nutrient monitoring; and (3) 30 percent or $3,300,000, whichever is the lesser, shall be transferred to the National Oceanic and Atmospheric Administration for use by the Great Lakes Research Office. 1990Subsec. (a)(3)(F) to (J). Pub. L. 101596,  103 Subsec. (c)(2) to (11). Pub. L. 101596 Subsec. (e)(3). Pub. L. 101596,  106 Subsec. (h). Pub. L. 101596,  105 1988Subsecs. (a)(1)(B), (2), (c)(1)(A), (6)(A), (D), (e)(2)(A), (f). Pub. L. 100688 Statutory Notes and Related Subsidiaries  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 section 542 of Title 6 Notification Requirements Pub. L. 114113, div. G, title IV,  425 Dec. 18, 2015 129 Stat. 2580  (a)  Definitions In this section: (1)  Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2)  Affected state The term affected State means any of the Great Lakes States (as defined in section 118(a)(3) of the Federal Water Pollution Control Act ( 33 U.S.C. 1268(a)(3) (3)  Discharge The term discharge means a discharge as defined in section 502 of the Federal Water Pollution Control Act ( 33 U.S.C. 1362 (4)  Great lakes The term Great Lakes means any of the waters as defined in section 118(a)(3) of the Federal Water Pollution Control Act ( 33 U.S.C. 1268(a)(3) (5)  Treatment works The term treatment works has the meaning given the term in section 212 of the Federal Water Pollution Control Act ( 33 U.S.C. 1292 (b)  Requirements. (1)  In general The Administrator shall work with affected States having publicly owned treatment works that discharge to the Great Lakes to create public notice requirements for a combined sewer overflow discharge to the Great Lakes. (2)  Notice requirements The notice requirements referred to in paragraph (1) shall provide for (i) the method of the notice; (ii) the contents of the notice, in accordance with paragraph (3); and (iii) requirements for public availability of the notice. (3)  Minimum requirements. (A)  In general The contents of the notice under paragraph (1) shall include (i) the dates and times of the applicable discharge; (ii) the volume of the discharge; and (iii) a description of any public access areas impacted by the discharge. (B)  Consistency The minimum requirements under this paragraph shall be consistent for all affected States. (4)  Additional requirements The Administrator shall work with the affected States to include (A) follow-up notice requirements that provide a description of (i) each applicable discharge; (ii) the cause of the discharge; and (iii) plans to prevent a reoccurrence of a combined sewer overflow discharge to the Great Lakes consistent with section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 (B) annual publication requirements that list each treatment works from which the Administrator or the affected State receive a follow-up notice. (5)  Timing. (A) The notice and publication requirements described in this subsection shall be implemented by not later than 2 years after the date of enactment of this Act [ Dec. 18, 2015 (B) The Administrator of the EPA may extend the implementation deadline for individual communities if the Administrator determines the community needs additional time to comply in order to avoid undue economic hardship. (6)  State action Nothing in this subsection prohibits an affected State from establishing a State notice requirement in the event of a discharge that is more stringent than the requirements described in this subsection. Funds Contributed by a Non-Federal Sponsor Pub. L. 108447, div. I, title III Dec. 8, 2004 118 Stat. 3332 The Administrator [of the Environmental Protection Agency] may hereafter receive and use funds contributed by a non-Federal sponsor as its share of the cost of a project to carry out a project under paragraph (c)(12) [now (c)(11)] of section 118 of the Federal Water Pollution Control Act [ 33 U.S.C. 1268(c)(11) Great Lakes Remedial Action Plans and Sediment Remediation Pub. L. 101640, title IV,  401 Nov. 28, 1990 104 Stat. 4644 Pub. L. 104303, title V,  515 Oct. 12, 1996 110 Stat. 3763 Pub. L. 10653, title V,  505 Aug. 17, 1999 113 Stat. 338 Pub. L. 106541, title III,  344 Dec. 11, 2000 114 Stat. 2613 Pub. L. 110114, title V,  5012 Nov. 8, 2007 121 Stat. 1195  (a)  Great Lakes Remedial Action Plans. (1)  In general The Secretary may provide technical, planning, and engineering assistance to State and local governments and nongovernmental entities designated by a State or local government in the development and implementation of remedial action plans for Areas of Concern in the Great Lakes identified under the Great Lakes Water Quality Agreement of 1978. (2)  Non-federal share. (A)  In general Non-Federal interests shall contribute, in cash or by providing in-kind contributions, 35 percent of costs of activities for which assistance is provided under paragraph (1). (B)  Contributions by entities Nonprofit public or private entities may contribute all or a portion of the non-Federal share. (b)  Sediment Remediation Projects. (1)  In general The Secretary, in consultation with the Administrator of the Environmental Protection Agency (acting through the Great Lakes National Program Office), may conduct pilot- and full-scale projects of promising technologies to remediate contaminated sediments in freshwater coastal regions in the Great Lakes basin. The Secretary shall conduct not fewer than 3 full-scale projects under this subsection. (2)  Site selection for projects In selecting the sites for the technology projects, the Secretary shall give priority consideration to Saginaw Bay, Michigan, Sheboygan Harbor, Wisconsin, Grand Calumet River, Indiana, Ashtabula River, Ohio, Buffalo River, New York, and Duluth-Superior Harbor, Minnesota and Wisconsin. (3)  Non-federal share Non-Federal interests shall contribute 35 percent of costs of projects under this subsection. Such costs may be paid in cash or by providing in-kind contributions. (c)  Authorization of Appropriations There is authorized to be appropriated to the Secretary to carry out this section $10,000,000 for each of fiscal years 2001 through 2012. Executive Documents  Ex. Ord. No. 13340. Establishment of Great Lakes Interagency Task Force and Promotion of a Regional Collaboration of National Significance for the Great Lakes Ex. Ord. No. 13340, May 18, 2004 By the authority vested in me as President by the Constitution and the laws of the United States of America, and to help establish a regional collaboration of national significance for the Great Lakes, it is hereby ordered as follows: Section Policy Sec Definitions (a) Great Lakes means Lake Ontario, Lake Erie, Lake Huron (including Lake Saint Clair), Lake Michigan, and Lake Superior, and the connecting channels (Saint Marys River, Saint Clair River, Detroit River, Niagara River, and Saint Lawrence River to the Canadian Border). (b) Great Lakes system means all the streams, rivers, lakes, and other bodies of water within the drainage basin of the Great Lakes. Sec Great Lakes Interagency Task Force (a) Task Force Purpose. To further the policy described in section 1 of this order, there is established, within the Environmental Protection Agency for administrative purposes, the Great Lakes Interagency Task Force (Task Force) to: (i) Help convene and establish a process for collaboration among the members of the Task Force and the members of the Working Group that is established in paragraph b(ii) of this section, with the Great Lakes States, local communities, tribes, regional bodies, and other interests in the Great Lakes region regarding policies, strategies, plans, programs, projects, activities, and priorities for the Great Lakes system. (ii) Collaborate with Canada and its provinces and with bi-national bodies involved in the Great Lakes region regarding policies, strategies, projects, and priorities for the Great Lakes system. (iii) Coordinate the development of consistent Federal policies, strategies, projects, and priorities for addressing the restoration and protection of the Great Lakes system and assisting in the appropriate management of the Great Lakes system. (iv) Develop outcome-based goals for the Great Lakes system relying upon, among other things, existing data and science-based indicators of water quality and related environmental factors. These goals shall focus on outcomes such as cleaner water, sustainable fisheries, and biodiversity of the Great Lakes system and ensure that Federal policies, strategies, projects, and priorities support measurable results. (v) Exchange information regarding policies, strategies, projects, and activities of the agencies represented on the Task Force related to the Great Lakes system. (vi) Work to coordinate government action associated with the Great Lakes system. (vii) Ensure coordinated Federal scientific and other research associated with the Great Lakes system. (viii) Ensure coordinated government development and implementation of the Great Lakes portion of the Global Earth Observation System of Systems. (ix) Provide assistance and support to agencies represented on the Task Force in their activities related to the Great Lakes system. (x) Submit a report to the President by May 31, 2005 (b) Membership and Operation. (i) The Task Force shall consist exclusively of the following officers of the United States: the Administrator of the Environmental Protection Agency (who shall chair the Task Force), the Secretary of State, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Housing and Urban Development, the Secretary of Transportation, the Secretary of Homeland Security, the Secretary of the Army, and the Chairman of the Council on Environmental Quality. A member of the Task Force may designate, to perform the Task Force functions of the member, any person who is part of the members department, agency, or office and who is either an officer of the United States appointed by the President or a full-time employee serving in a position with pay equal to or greater than the minimum rate payable for GS15 of the General Schedule. The Task Force shall report to the President through the Chairman of the Council on Environmental Quality. (ii) The Task Force shall establish a Great Lakes Regional Working Group (Working Group) composed of the appropriate regional administrator or director with programmatic responsibility for the Great Lakes system for each agency represented on the Task Force including: the Great Lakes National Program Office of the Environmental Protection Agency; the United States Fish and Wildlife Service, National Park Service, and United States Geological Survey within the Department of the Interior; the Natural Resources Conservation Service and the Forest Service of the Department of Agriculture; the National Oceanic and Atmospheric Administration of the Department of Commerce; the Department of Housing and Urban Development; the Department of Transportation; the Coast Guard within the Department of Homeland Security; and the Army Corps of Engineers within the Department of the Army. The Working Group will coordinate and make recommendations on how to implement the policies, strategies, projects, and priorities of the Task Force. (c) Management Principles for Regional Collaboration of National Significance. To further the policy described in section 1, the Task Force shall recognize and apply key principles and foster conditions to ensure successful collaboration. To that end, the Environmental Protection Agency will coordinate the development of a set of principles of successful collaboration. Sec Great Lakes National Program Office Sec Preservation of Authority Sec Judicial Review  George W. Bush.  1268a. Great Lakes restoration activities report (a) For purposes of this section the following definitions apply: (1) The terms Great Lakes and Great Lakes State have the same meanings as such terms have in section 1962d22 of title 42 (2) The term Great Lakes restoration activities means any Federal or State activity primarily or entirely within the Great Lakes watershed that seeks to improve the overall health of the Great Lakes ecosystem. (b) Hereafter, not later than 45 days after submission of the budget of the President to Congress, the Director of the Office of Management and Budget, in coordination with the Governor of each Great Lakes State and the Great Lakes Interagency Task Force, shall submit to the appropriate authorizing and appropriating committees of the Senate and the House of Representatives a financial report, certified by the Secretary of each agency that has budget authority for Great Lakes restoration activities, containing (1) an interagency budget crosscut report that (A) displays the budget proposed, including any planned interagency or intra-agency transfer, for each of the Federal agencies that carries out Great Lakes restoration activities in the upcoming fiscal year, separately reporting the amount of funding to be provided under existing laws pertaining to the Great Lakes ecosystem; and (B) identifies all expenditures in each of the 5 prior fiscal years by the Federal Government and State governments for Great Lakes restoration activities; (2) a detailed accounting of all funds received and obligated by all Federal agencies and, to the extent available, State agencies using Federal funds, for Great Lakes restoration activities during the current and previous fiscal years; (3) a budget for the proposed projects (including a description of the project, authorization level, and project status) to be carried out in the upcoming fiscal year with the Federal portion of funds for activities; and (4) a listing of all projects to be undertaken in the upcoming fiscal year with the Federal portion of funds for activities. ( Pub. L. 11376, div. E, title VII,  738 Jan. 17, 2014 128 Stat. 238  Editorial Notes Codification Section was enacted as part of the Financial Services and General Government Appropriations Act, 2014, and also as part of the Consolidated Appropriations Act, 2014, and not as part of the Federal Water Pollution Control Act which comprises this chapter.  1269. Long Island Sound (a) Office of Management Conference of the Long Island Sound Study The Administrator shall continue the Management Conference of the Long Island Sound Study (hereinafter referred to as the Conference) as established pursuant to section 1330 of this title (b) Administration and staffing of Office The Office shall be headed by a Director, who shall be detailed by the Administrator, following consultation with the Administrators of EPA regions I and II, from among the employees of the Agency who are in civil service. The Administrator shall delegate to the Director such authority and detail such additional staff as may be necessary to carry out the duties of the Director under this section. (c) Duties of Office The Office shall assist the conference study in carrying out its goals. Specifically, the Office shall (1) assist and support the implementation of the Comprehensive Conservation and Management Plan for Long Island Sound developed pursuant to section 1330 of this title (2) conduct or commission studies deemed necessary for strengthened implementation of the Comprehensive Conservation and Management Plan including, but not limited to (A) population growth and the adequacy of wastewater treatment facilities; (B) the use of biological methods for nutrient removal in sewage treatment plants; (C) contaminated sediments, and dredging activities; (D) nonpoint source pollution abatement and land use activities in the Long Island Sound watershed; (E) wetland protection and restoration; (F) atmospheric deposition of acidic and other pollutants into Long Island Sound; (G) water quality requirements to sustain fish, shellfish, and wildlife populations, and the use of indicator species to assess environmental quality; (H) State water quality programs, for their adequacy pursuant to implementation of the Comprehensive Conservation and Management Plan; (I) options for long-term financing of wastewater treatment projects and water pollution control programs; (J) environmental vulnerabilities of the Long Island Sound watershed, including (i) the identification and assessment of such vulnerabilities in the watershed; (ii) the development and implementation of adaptation strategies to reduce such vulnerabilities; and (iii) the identification and assessment of the effects of sea level rise on water quality, habitat, and infrastructure; and 1 1 (3) coordinate the grant, research and planning programs authorized under this section; (4) develop and implement strategies to increase public education and awareness with respect to the ecological health and water quality conditions of Long Island Sound; (5) provide administrative and technical support to the conference study; (6) collect and make available to the public (including on a publicly accessible website) publications, and other forms of information the conference study determines to be appropriate, relating to the environmental quality of Long Island Sound; (7) monitor the progress made toward meeting the identified goals, actions, and schedules of the Comprehensive Conservation and Management Plan, including through the implementation and support of a monitoring system for the ecological health and water quality conditions of Long Island Sound; and (8) convene conferences and meetings for legislators from State governments and political subdivisions thereof for the purpose of making recommendations for coordinating legislative efforts to facilitate the environmental restoration of Long Island Sound and the implementation of the Comprehensive Conservation and Management Plan. (d) Grants (1) The Administrator is authorized to make grants for projects and studies which will help implement the Long Island Sound Comprehensive Conservation and Management Plan. Special emphasis shall be given to implementation, research and planning, enforcement, and citizen involvement and education. (2) State, interstate, and regional water pollution control agencies, and other public or nonprofit private agencies, institutions, and organizations held to be eligible for grants pursuant to this subsection. (3) Citizen involvement and citizen education grants under this subsection shall not exceed 95 per centum of the costs of such work. All other grants under this subsection shall not exceed 60 percent of the research, studies, or work. All grants shall be made on the condition that the non-Federal share of such costs are provided from non-Federal sources. (e) Assistance to distressed communities (1) Eligible communities For the purposes of this subsection, a distressed community is any community that meets affordability criteria established by the State in which the community is located, if such criteria are developed after public review and comment. (2) Priority In making assistance available under this section for the upgrading of wastewater treatment facilities, the Administrator may give priority to a distressed community. (f) Report (1) In general Not later than 2 years after the date of enactment of this Act, and biennially thereafter, the Director of the Office, in consultation with the Governor of each Long Island Sound State, shall submit to Congress a report that (A) summarizes and assesses the progress made by the Office and the Long Island Sound States in implementing the Long Island Sound Comprehensive Conservation and Management Plan, including an assessment of the progress made toward meeting the performance goals and milestones contained in the Plan; (B) assesses the key ecological attributes that reflect the health of the ecosystem of the Long Island Sound watershed; (C) describes any substantive modifications to the Long Island Sound Comprehensive Conservation and Management Plan made during the 2-year period preceding the date of submission of the report; (D) provides specific recommendations to improve progress in restoring and protecting the Long Island Sound watershed, including, as appropriate, proposed modifications to the Long Island Sound Comprehensive Conservation and Management Plan; (E) identifies priority actions for implementation of the Long Island Sound Comprehensive Conservation and Management Plan for the 2-year period following the date of submission of the report; and (F) describes the means by which Federal funding and actions will be coordinated with the actions of the Long Island Sound States and other entities. (2) Public availability The Administrator shall make the report described in paragraph (1) available to the public, including on a publicly accessible website. (g) Federal entities (1) Coordination The Administrator shall coordinate the actions of all Federal departments and agencies that affect water quality in the Long Island Sound watershed in order to improve the water quality and living resources of the watershed. (2) Methods In carrying out this section, the Administrator, acting through the Director of the Office, may (A) enter into interagency agreements; and (B) make intergovernmental personnel appointments. (4) Consistency with comprehensive conservation and management plan To the maximum extent practicable, the head of each Federal department or agency that owns or occupies real property, or carries out activities, within the Long Island Sound watershed shall ensure that the property and all activities carried out by the department or agency are consistent with the Long Island Sound Comprehensive Conservation and Management Plan (including any related subsequent agreements and plans). (h) Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out this section $40,000,000 for each of fiscal years 2019 through 2023. ( June 30, 1948, ch. 758 Pub. L. 101596, title II,  202 Nov. 16, 1990 104 Stat. 3004 Pub. L. 104303, title V,  583 Oct. 12, 1996 110 Stat. 3791 Pub. L. 106457, title IV Nov. 7, 2000 114 Stat. 1973 Pub. L. 109137,  1 Dec. 22, 2005 119 Stat. 2646 Pub. L. 115270, title IV,  4104(a) Oct. 23, 2018 132 Stat. 3873  Editorial Notes  References in Text The date of enactment of this Act, referred to in subsec. (f)(1), probably means the date of enactment of Pub. L. 115270 Oct. 23, 2018 Amendments 2018Subsec. (c). Pub. L. 115270,  4104(a)(1)(A) Subsec. (c)(2). Pub. L. 115270,  4104(a)(1)(B) Subsec. (c)(4). Pub. L. 115270,  4104(a)(1)(C) Subsec. (c)(5). Pub. L. 115270,  4104(a)(1)(D) Subsec. (c)(6). Pub. L. 115270,  4104(a)(1)(E) Subsec. (c)(7). Pub. L. 115270,  4104(a)(1)(F) Subsec. (d)(3). Pub. L. 115270,  4104(a)(2) Subsecs. (f), (g). Pub. L. 115270,  4104(a)(4) Subsec. (h). Pub. L. 115270,  4104(c)(1) Pub. L. 115270,  4104(a)(3) 2005Subsec. (f). Pub. L. 109137 2000Subsec. (c)(1). Pub. L. 106457,  402 Subsec. (e). Pub. L. 106457,  403(2) Subsec. (f). Pub. L. 106457 1996Subsec. (e). Pub. L. 104303 Statutory Notes and Related Subsidiaries Long Island Sound Stewardship Pub. L. 109359 Oct. 16, 2006 120 Stat. 2049 Pub. L. 115270, title IV,  4104(b) Oct. 23, 2018 132 Stat. 3875  SECTION 1. SHORT TITLE. This Act may be cited as the Long Island Sound Stewardship Act of 2006. SEC. 2. FINDINGS AND PURPOSE. (a)  Findings Congress finds that (1) Long Island Sound is a national treasure of great cultural, environmental, and ecological importance; (2) 8,000,000 people live within the Long Island Sound watershed and 28,000,000 people (approximately 10 percent of the population of the United States) live within 50 miles of Long Island Sound; (3) activities that depend on the environmental health of Long Island Sound contribute more than $5,000,000,000 each year to the regional economy; (4) the portion of the shoreline of Long Island Sound that is accessible to the general public (estimated at less than 20 percent of the total shoreline) is not adequate to serve the needs of the people living in the area; (5) existing shoreline facilities are in many cases overburdened and underfunded; (6) large parcels of open space already in public ownership are strained by the effort to balance the demand for recreation with the needs of sensitive natural resources; (7) approximately 1/3 of the tidal marshes of Long Island Sound have been filled, and much of the remaining marshes have been ditched, diked, or impounded, reducing the ecological value of the marshes; and (8) much of the remaining exemplary natural landscape is vulnerable to further development. (b)  Purpose The purpose of this Act is to establish the Long Island Sound Stewardship Initiative to identify, protect, and enhance upland sites within the Long Island Sound ecosystem with significant ecological, educational, open space, public access, or recreational value through a bi-State network of sites best exemplifying these values. SEC. 3. DEFINITIONS. In this Act, the following definitions apply: (1)  Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2)  Advisory committee The term Advisory Committee means the Long Island Sound Stewardship Advisory Committee established by section 8. (3)  Region The term Region means the Long Island Sound Stewardship Initiative Region established by section 4(a). (4)  State The term State means each of the States of Connecticut and New York. (5)  Stewardship The term stewardship means land acquisition, land conservation agreements, site planning, plan implementation, land and habitat management, public access improvements, site monitoring, and other activities designed to enhance and preserve natural resource-based recreation and ecological function of upland areas. (6)  Stewardship site The term stewardship site means any area of State, local, or tribal government, or privately owned land within the Region that is designated by the Administrator under section 5(a). (7)  Systematic site selection The term systematic site selection means a process of selecting stewardship sites that (A) has explicit goals, methods, and criteria; (B) produces feasible, repeatable, and defensible results; (C) provides for consideration of natural, physical, and biological patterns; (D) addresses replication, connectivity, species viability, location, and public recreation values; (E) uses geographic information systems technology and algorithms to integrate selection criteria; and (F) will result in achieving the goals of stewardship site selection at the lowest cost. (8)  Qualified applicants The term qualified applicant means a non-Federal person that owns title to property located within the borders of the Region. (9)  Threat The term threat means a threat that is likely to destroy or seriously degrade a conservation target or a recreation area. SEC. 4. LONG ISLAND SOUND STEWARDSHIP INITIATIVE REGION. (a)  Establishment There is established in the States of Connecticut and New York the Long Island Sound Stewardship Initiative Region. (b)  Boundaries The Region consists of the immediate coastal upland areas along (1) Long Island Sound between mean high water and the inland boundary, as described on the map entitled Long Island Sound Stewardship Region and dated April 21, 2004 (2) the Peconic Estuary as described on the map entitled Peconic Estuary Program Study Area Boundaries and included in the Comprehensive Conservation and Management Plan for the Peconic Estuary Program and dated November 15, 2001 SEC. 5. DESIGNATION OF STEWARDSHIP SITES. (a)  In General The Administrator may designate a stewardship site in accordance with this Act any area that contributes to accomplishing the purpose of this Act. (b)  Publication of List of Recommended Sites The Administrator shall (1) publish in the Federal Register and make available in general circulation in the States of Connecticut and New York the list of sites recommended by the Advisory Committee; and (2) provide a 90-day period for (A) the submission of public comment on the list; and (B) an opportunity for owners of such sites to decline designation of such sites as stewardship sites. (c)  Opinion Regarding Owners Responsibilities The Administrator may not designate an area as a stewardship site under this Act unless the Administrator provides to the owner of the area, and the owner acknowledges to the Administrator receipt of, a comprehensive opinion in plain English setting forth expressly the responsibility of the owner that arises from such designation. (d)  Designation of Stewardship Sites Not later than 150 days after receiving from the Advisory Committee its list of recommended sites, the Administrator (1) shall review the recommendations of the Advisory Committee; and (2) may designate as a stewardship site any site included in the list. SEC. 6. RECOMMENDATIONS BY ADVISORY COMMITTEE. (a)  In General The Advisory Committee shall (1) in accordance with this section, evaluate applications (A) for designation of areas as stewardship sites; (B) to develop management plans to address threats to stewardship sites; and (C) to act on opportunities to protect and enhance stewardship sites; (2) develop recommended guidelines, criteria, schedules, and due dates for the submission of applications and the evaluation by the Advisory Committee of information to recommend areas for designation as stewardship sites that fulfill terms of a multi-year management plan; (3) recommend to the Administrator a list of sites for designation as stewardship sites that further the purpose of this Act; (4) develop management plans to address threats to stewardship sites; (5) raise awareness of the values of and threats to stewardship sites; (6) recommend that the Administrator award grants to qualified applicants; and (7) recommend to the Administrator ways to leverage additional resources for improved stewardship of the Region. (b)  Identification of Sites. (1)  In general Any qualified applicant may submit an application to the Advisory Committee to have a site recommended to the Administrator for designation as a stewardship site. (2)  Identification The Advisory Committee shall review each application submitted under this subsection to determine whether the site exhibits values that promote the purpose of this Act. (3)  Natural resource-based recreation areas In reviewing an application for recommendation of a recreation area for designation as a stewardship site, the Advisory Committee may use a selection technique that includes consideration of (A) public access; (B) community support; (C) high population density; (D) environmental justice (as defined in section 385.3 of title 33, Code of Federal Regulations (or successor regulations)); (E) open spaces; and (F) cultural, historic, and scenic characteristics. (4)  Natural areas with ecological value In reviewing an application for recommendation of a natural area with ecological value for designation as a stewardship site, the Advisory Committee may use a selection technique that includes consideration of (A) measurable conservation targets for the Region; and (B) prioritizing new sites using systematic site selection, which shall include consideration of (i) ecological uniqueness; (ii) species viability; (iii) habitat heterogeneity; (iv) size; (v) quality; (vi) open spaces; (vii) land cover; (viii) scientific, research, or educational value; and (ix) threats. (5)  Deviation from process The Advisory Committee may accept an application to recommend a site other than as provided in this subsection, if the Advisory Committee (A) determines that the site makes significant ecological or recreational contributions to the Region; and (B) provides to the Administrator the reasons for deviating from the process otherwise described in this subsection. (c)  Submission of List of Recommended Sites. (1)  In general After completion of the site identification process set forth in subsection (b), the Advisory Committee shall submit to the Administrator its list of sites recommended for designation as stewardship sites. (2)  Limitation The Advisory Committee shall not include a site in the list submitted under this subsection unless, prior to submission of the list, the owner of the site is (A) notified of the inclusion of the site in the list; and (B) allowed to decline inclusion of the site in the list. (3)  Public comment In identifying sites for inclusion in the list, the Advisory Committee shall provide an opportunity for submission of, and consider, public comments. SEC. 7. GRANTS AND ASSISTANCE. (a)  In General The Administrator may provide grants, subject to the availability of appropriations, and other assistance for projects to fulfill the purpose of this Act. (b)  Federal Share The Federal share of the cost of an activity carried out using any assistance or grant under this Act shall not exceed 60 percent of the total cost of the activity. SEC. 8. LONG ISLAND SOUND STEWARDSHIP ADVISORY COMMITTEE. (a)  Establishment There is established a committee to be known as the Long Island Sound Stewardship Advisory Committee. (b)  Membership. (1)  In general The Administrator may appoint the members of the Advisory Committee in accordance with this subsection and the guidance in section 320(c) of the Federal Water Pollution Control Act ( 33 U.S.C. 1330(c) (2)  Additional members In addition to the other members appointed under this subsection, the Advisory Committee may include (A) a representative of the Regional Plan Association; (B) a representative of marine trade organizations; and (C) a representative of private landowner interests. (3)  Consideration of interests In appointing members of the Advisory Committee, the Administrator shall consider (A) Federal, State, and local government interests and tribal interests; (B) the interests of nongovernmental organizations; (C) academic interests; (D) private interests including land, agriculture, and business interests; and (E) recreational and commercial fishing interests. (4)  Chairperson In addition to the other members appointed under this subsection, the Administrator may appoint as a member of the Advisory Committee an individual to serve as the Chairperson, who may be the Director of the Long Island Sound Office of the Environmental Protection Agency. (5)  Completion of appointments The Administrator shall complete the appointment of all members of the Advisory Committee by not later than 180 days after the date of enactment of this Act [ Oct. 16, 2006 (A) [sic] Vacancies A vacancy on the Advisory Committee (i) shall be filled not later than 90 days after the vacancy occurs; (ii) shall not affect the powers of the Advisory Committee; and (iii) shall be filled in the same manner as the original appointment was made. (c)  Term. (1)  In general A member of the Advisory Committee shall be appointed for a term of 4 years. (2)  Multiple terms An individual may be appointed as a member of the Advisory Committee for more than 1 term. (d)  Powers The Advisory Committee may hold such hearings, meet and act at such times and places, take such testimony, and receive such evidence as the Advisory Committee considers advisable to carry out this Act. (e)  Meetings. (1)  In general The Advisory Committee shall meet at the call of the Chairperson, but no fewer than 4 times each year. (2)  Initial meeting Not later than 30 days after the date on which all members of the Advisory Committee have been appointed, the Chairperson shall call the initial meeting of the Advisory Committee. (3)  Quorum A majority of the members of the Advisory Committee shall constitute a quorum, but a lesser number of members may hold hearings. (f)  Adaptive Management. (1)  In general The Advisory Committee shall use an adaptive management framework to identify the best policy initiatives and actions through (A) definition of strategic goals; (B) definition of policy options for methods to achieve strategic goals; (C) establishment of measures of success; (D) identification of uncertainties; (E) development of informative models of policy implementation; (F) separation of the landscape into geographic units; (G) monitoring key responses at different spatial and temporal scales; and (H) evaluation of outcomes and incorporation into management strategies. (2)  Application of adaptive management framework The Advisory Committee shall apply the adaptive management framework to the process for making recommendations under subsections (b) through (f) of section 6 to the Administrator regarding sites that should be designated as stewardship sites. (3)  Adaptive management The adaptive management framework required by this subsection shall consist of a scientific process (A) for (i) developing predictive models; (ii) making management policy decisions based upon the model outputs; (iii) revising the management policies as data become available with which to evaluate the policies; and (iv) acknowledging uncertainty, complexity, and variance in the spatial and temporal aspects of natural systems; and (B) that requires that management be viewed as experimental. (g)  Termination of Advisory Committee The Advisory Committee shall terminate on December 31, 2021 SEC. 9. REPORTS. (a)  Administrator The Administrator shall publish and make available to the public on the Internet and in paper form (1) not later than 1 year after the date of enactment of this Act [ Oct. 16, 2006 (A) assesses the role of this Act in protecting the Long Island Sound; (B) establishes in coordination with the Advisory Committee guidelines, criteria, schedules, and due dates for evaluating information to designate stewardship sites; (C) includes information about any grants that are available for the purchase of land or property rights to protect stewardship sites; and (D) accounts for funds received and expended during the previous fiscal year; (2) an update of such report, at least every other year; and (3) information on funding and any new stewardship sites more frequently than every other year. (b)  Advisory Committee. (1)  Report For each of fiscal years 2007 through 2011, the Advisory Committee shall submit to the Administrator and the decisionmaking body of the Long Island Sound Study Management Conference established under section 320 of the Federal Water Pollution Control Act ( 33 U.S.C. 1330 (A) a detailed statement of the findings and conclusions of the Advisory Committee since the last report under this subsection; (B) a description of all sites recommended by the Advisory Committee to the Administrator for designation as stewardship sites; (C) the recommendations of the Advisory Committee for such legislation and administrative actions as the Advisory Committee considers appropriate; and (D) in accordance with paragraph (2), the recommendations of the Advisory Committee for the awarding of grants. (2)  Recommendation for grants. (A)  In general The Advisory Committee shall recommend that the Administrator award grants to qualified applicants to help to secure and improve the open space, public access, or ecological values of stewardship sites, through (i) purchase of the property of a stewardship site; (ii) purchase of relevant property rights to a stewardship site; or (iii) entering into any other binding legal arrangement that ensures that the values of a stewardship site are sustained, including entering into an arrangement with a land manager or property owner to develop or implement a management plan that is necessary for the conservation of natural resources. (B)  Equitable distribution of funds The Advisory Committee shall exert due diligence to ensure that its recommendations result in an equitable distribution of funds between the States. SEC. 10. PRIVATE PROPERTY PROTECTION; NO REGULATORY AUTHORITY. (a)  Access to Private Property Nothing in this Act (1) requires any private property owner to allow public access (including Federal, State, or local government access) to the private property; or (2) modifies the application of any provision of Federal, State, or local law with regard to public access to or use of private property, except as entered into by voluntary agreement of the owner or custodian of the property. (b)  Liability Establishment of the Region does not create any liability, or have any effect on any liability under any other law, of any private property owner with respect to any person injured on the private property. (c)  Recognition of Authority to Control Land Use Nothing in this Act modifies the authority of Federal, State, or local governments to regulate land use. (d)  Participation of Private Property Owners Not Required Nothing in this Act requires the owner of any private property located within the boundaries of the Region to participate in any land conservation, financial or technical assistance, or other programs established under this Act. (e)  Purchase of Land or Interest in Land From Willing Sellers Only Funds appropriated to carry out this Act may be used to purchase land or interests in land only from willing sellers. (f)  Manner of Acquisition All acquisitions of land under this Act shall be made in a voluntary manner and shall not be the result of forced takings. (g)  Effect of Establishment. (1)  In general The boundaries of the Region represent the area within which Federal funds appropriated for the purpose of this Act may be expended. (2)  Regulatory authority The establishment of the Region and the boundaries of the Region do not provide any regulatory authority not in existence immediately before the enactment of this Act [ Oct. 16, 2006 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a)  In General There is authorized to be appropriated to the Administrator $25,000,000 for each of fiscal years 2019 through 2023 to carry out this Act, including for (1) acquisition of land and interests in land; (2) development and implementation of site management plans; (3) site enhancements to reduce threats or promote stewardship; and (4) administrative expenses of the Advisory Committee and the Administrator. (b)  Use of Funds Amounts made available to the Administrator under this section each fiscal year shall be used by the Administrator after reviewing the recommendations included in the annual reports of the Advisory Committee under section 9. (c)  Authorization of Gifts, Devises, and Bequests for System In furtherance of the purpose of this Act, the Administrator may accept and use any gift, devise, or bequest of real or personal property, proceeds therefrom, or interests therein, to carry out this Act. Such acceptance may be subject to the terms of any restrictive or affirmative covenant, or condition of servitude, if such terms are considered by the Administrator to be in accordance with law and compatible with the purpose for which acceptance is sought. (d)  Limitation on Administrative Costs Of the amount available each fiscal year to carry out this Act, not more than 8 percent may be used for administrative costs.  1270. Patrick Leahy Lake Champlain Basin Program (a) Establishment (1) In general There is established a Lake Champlain Management Conference to develop a comprehensive pollution prevention, control, and restoration plan for Lake Champlain. The Administrator shall convene the management conference within ninety days of November 16, 1990 (2) Implementation The Administrator (A) may provide support to the State of Vermont, the State of New York, and the New England Interstate Water Pollution Control Commission for the implementation of the Patrick Leahy Lake Champlain Basin Program; and (B) shall coordinate actions of the Environmental Protection Agency under subparagraph (A) with the actions of other appropriate Federal agencies. (b) Membership The Members of the Management Conference shall be comprised of (1) the Governors of the States of Vermont and New York; (2) each interested Federal agency, not to exceed a total of five members; (3) the Vermont and New York Chairpersons of the Vermont, New York, Quebec Citizens Advisory Committee for the Environmental Management of Lake Champlain; (4) four representatives of the State legislature of Vermont; (5) four representatives of the State legislature of New York; (6) six persons representing local governments having jurisdiction over any land or water within the Lake Champlain basin, as determined appropriate by the Governors; and (7) eight persons representing affected industries, nongovernmental organizations, public and private educational institutions, and the general public, as determined appropriate by the trigovernmental Citizens Advisory Committee for the Environmental Management of Lake Champlain, but not to be current members of the Citizens Advisory Committee. (c) Technical Advisory Committee (1) The Management Conference shall, not later than one hundred and twenty days after November 16, 1990 (2) Such Technical Advisory Committee shall consist of officials of: appropriate departments and agencies of the Federal Government; the State governments of New York and Vermont; and governments of political subdivisions of such States; and public and private research institutions. (d) Research program The Management Conference shall establish a multi-disciplinary environmental research program for Lake Champlain. Such research program shall be planned and conducted jointly with the Lake Champlain Research Consortium. (e) Pollution prevention, control, and restoration plan (1) Not later than three years after November 16, 1990 (2) The Plan developed pursuant to this section shall (A) identify corrective actions and compliance schedules addressing point and nonpoint sources of pollution necessary to restore and maintain the chemical, physical, and biological integrity of water quality, a balanced, indigenous population of shellfish, fish and wildlife, recreational, and economic activities in and on the lake; (B) incorporate environmental management concepts and programs established in State and Federal plans and programs in effect at the time of the development of such plan; (C) clarify the duties of Federal and State agencies in pollution prevention and control activities, and to the extent allowable by law, suggest a timetable for adoption by the appropriate Federal and State agencies to accomplish such duties within a reasonable period of time; (D) describe the methods and schedules for funding of programs, activities, and projects identified in the Plan, including the use of Federal funds and other sources of funds; (E) include a strategy for pollution prevention and control that includes the promotion of pollution prevention and management practices to reduce the amount of pollution generated in the Lake Champlain basin; and (F) be reviewed and revised, as necessary, at least once every 5 years, in consultation with the Administrator and other appropriate Federal agencies. (3) The Administrator, in cooperation with the Management Conference, shall provide for public review and comment on the draft Plan. At a minimum, the Management Conference shall conduct one public meeting to hear comments on the draft plan in the State of New York and one such meeting in the State of Vermont. (4) Not less than one hundred and twenty days after the publication of the Plan required pursuant to this section, the Administrator shall approve such plan if the plan meets the requirements of this section and the Governors of the States of New York and Vermont concur. (5) Upon approval of the plan, such plan shall be deemed to be an approved management program for the purposes of section 1329(h) of this title section 1330 of this title (f) Grant assistance (1) The Administrator may, in consultation with participants in the Patrick Leahy Lake Champlain Basin Program, make grants to State, interstate, and regional water pollution control agencies, and public or nonprofit agencies, institutions, and organizations. (2) Grants under this subsection shall be made for assisting research, surveys, studies, and modeling and technical and supporting work necessary for the development and implementation of the Plan. (3) The amount of grants to any person under this subsection for a fiscal year shall not exceed 75 per centum of the costs of such research, survey, study and work and shall be made available on the condition that non-Federal share of such costs are provided from non-Federal sources. (4) The Administrator may establish such requirements for the administration of grants as he determines to be appropriate. (g) Definitions In this section: (1) Patrick Leahy Lake Champlain Basin Program The term Patrick Leahy Lake Champlain Basin Program means the coordinated efforts among the Federal Government, State governments, and local governments to implement the Plan. (2) Lake Champlain drainage basin The term Lake Champlain drainage basin means all or part of Clinton, Franklin, Hamilton, Warren, Essex, and Washington counties in the State of New York and all or part of Franklin, Grand Isle, Chittenden, Addison, Rutland, Bennington, Lamoille, Orange, Washington, Orleans, and Caledonia counties in Vermont, that contain all of the streams, rivers, lakes, and other bodies of water, including wetlands, that drain into Lake Champlain. (3) Plan The term Plan means the plan developed under subsection (e). (h) No effect on certain authority Nothing in this section (1) affects the jurisdiction or powers of (A) any department or agency of the Federal Government or any State government; or (B) any international organization or entity related to Lake Champlain created by treaty or memorandum to which the United States is a signatory; (2) provides new regulatory authority for the Environmental Protection Agency; or (3) affects section 304 of the Great Lakes Critical Programs Act of 1990 ( Public Law 101596 33 U.S.C. 1270 (i) Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out this section $35,000,000 for each of fiscal years 2023 through 2027, to remain available until expended. ( June 30, 1948, ch. 758 Pub. L. 101596, title III,  303 Nov. 16, 1990 104 Stat. 3006 Pub. L. 107303, title II,  202 Nov. 27, 2002 116 Stat. 2358 Pub. L. 117328, div. O, title IV,  404(a) Dec. 29, 2022 136 Stat. 5228  Editorial Notes Amendments 2022 Pub. L. 117328,  404(a)(1) Subsec. (g)(1). Pub. L. 117328,  404(a)(3) Subsec. (i). Pub. L. 117328,  404(a)(4) (1) $2,000,000 for each of fiscal years 1991, 1992, 1993, 1994, and 1995; (2) such sums as are necessary for each of fiscal years 1996 through 2003; and (3) $11,000,000 for each of fiscal years 2004 through 2008. 2002 Pub. L. 107303,  202(1) Subsec. (a). Pub. L. 107303,  202(1) Subsec. (d). Pub. L. 107303,  202(3) Subsec. (e)(1). Pub. L. 107303,  202(4)(A) Subsec. (e)(2)(F). Pub. L. 107303,  202(4)(B) Subsec. (f)(1). Pub. L. 107303,  202(5)(A) Subsec. (f)(2). Pub. L. 107303,  202(5)(B) Subsec. (g). Pub. L. 107303,  202(6)(A) Subsec. (g)(2). Pub. L. 107303,  202(6)(B) Subsec. (g)(3). Pub. L. 107303,  202(6)(C) Subsec. (h). Pub. L. 107303,  202(7) (1) any department or agency of the Federal Government or any State government; or (2) any international organization or entity related to Lake Champlain created by treaty or memorandum to which the United States is a signatory. Subsec. (i). Pub. L. 107303,  202(8) Statutory Notes and Related Subsidiaries  Change of Name Pub. L. 117328, div. O, title IV,  404(c) Dec. 29, 2022 136 Stat. 5229 Any reference in law, regulation, map, document, paper, or other record of the United States to the Lake Champlain Basin Program shall be deemed to be a reference to the Patrick Leahy Lake Champlain Basin Program. Federal Program Coordination Pub. L. 101596, title III,  304 Nov. 16, 1990 104 Stat. 3008 Pub. L. 104127, title III,  336(a)(2)(F) Apr. 4, 1996 110 Stat. 1005 Pub. L. 115334, title II,  2301(d)(2)(F) Dec. 20, 2018 132 Stat. 4555  (a)  Designation of Lake Champlain as a Priority Area Under the Environmental Quality Incentives Program. (1)  In general Notwithstanding any other provision of law, the Lake Champlain basin, as defined under section 120(h) of the Federal Water Pollution Control Act [ 33 U.S.C. 1270(h) 16 U.S.C. 3839aa (2)  Technical assistance reimbursement To carry out the purposes of this subsection, the technical assistance reimbursement from the Agricultural Stabilization and Conservation Service authorized under the Soil Conservation and Domestic Allotment Act [ 16 U.S.C. 590a (3)  Comprehensive agricultural monitoring The Secretary, in consultation with the Management Conference and appropriate State and Federal agencies, shall develop a comprehensive agricultural monitoring and evaluation network for all major drainages within the Lake Champlain basin. (4)  Allocation of funds In allocating funds under this subsection, the Secretary of Agriculture shall consult with the Management Conference established under section 120 of the Federal Water Pollution Control Act and to the extent allowable by law, allocate funds to those agricultural enterprises located at sites that the Management Conference determines to be priority sites, on the basis of a concern for ensuring implementation of nonpoint source pollution controls throughout the Lake Champlain basin. (b)  Cooperation of the United States Geological Survey of the Department of the Interior For the purpose of enhancing and expanding basic data collection and monitoring in operation in the Lake Champlain basin, as defined under section 120 of the Federal Water Pollution Control Act [ 33 U.S.C. 1270 (1) in cooperation with appropriate universities and private research institutions, and the appropriate officials of the appropriate departments and agencies of the States of New York and Vermont, develop an integrated geographic information system of the Lake Champlain basin; (2) convert all partial recording sites in the Lake Champlain basin to continuous monitoring stations with full gauging capabilities and status; and (3) establish such additional continuous monitoring station sites in the Lake Champlain basin as are necessary to carry out basic data collection and monitoring, as defined by the Secretary of the Interior, including groundwater mapping, and water quality and sediment data collection. (c)  Cooperation of the United States Fish and Wildlife Service of the Department of the Interior. (1)  Resource conservation program The Secretary of the Interior, acting through the United States Fish and Wildlife Service, in cooperation with the Lake Champlain Fish and Wildlife Management Cooperative and the Management Conference established pursuant to this subsection shall (A) establish and implement a fisheries resources restoration, development and conservation program, including dedicating a level of hatchery production within the Lake Champlain basin at or above the level that existed immediately preceding the date of enactment of this Act [ Nov. 16, 1990 (B) conduct a wildlife species and habitat assessment survey in the Lake Champlain basin, including (i) a survey of Federal threatened and endangered species, listed or proposed for listing under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 (ii) a survey of wildlife habitats such as islands, wetlands, and riparian areas; and (iii) a survey of migratory bird populations breeding, migrating and wintering within the Lake Champlain basin. (2) To accomplish the purposes of paragraph (1), the Director of the United States Fish and Wildlife Service is authorized to carry out activities related to (A) controlling sea lampreys and other nonindigenous aquatic animal nuisances; (B) improving the health of fishery resources; (C) conducting investigations about and assessing the status of fishery resources, and disseminating that information to all interested parties; and (D) conducting and periodically updating a survey of the fishery resources and their habitats and food chains in the Lake Champlain basin. (d)  Authorizations (1) There is authorized to be appropriated to the Department of Agriculture $2,000,000 for each of fiscal years 1991, 1992, 1993, 1994, and 1995 to carry out subsection (a) of this section. (2) There is authorized to be appropriated to the Department of [the] Interior $1,000,000 for each of fiscal years 1991, 1992, 1993, 1994, and 1995 to carry out subsections (b) and (c) of this section.  1271. Sediment survey and monitoring (a) Survey (1) In general The Administrator, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and the Secretary, shall conduct a comprehensive national survey of data regarding aquatic sediment quality in the United States. The Administrator shall compile all existing information on the quantity, chemical and physical composition, and geographic location of pollutants in aquatic sediment, including the probable source of such pollutants and identification of those sediments which are contaminated pursuant to section 501(b)(4). 1 1 (2) Report Not later than 24 months after October 31, 1992 (b) Monitoring (1) In general The Administrator, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and the Secretary, shall conduct a comprehensive and continuing program to assess aquatic sediment quality. The program conducted pursuant to this subsection shall, at a minimum (A) identify the location of pollutants in aquatic sediment; (B) identify the extent of pollutants in sediment and those sediments which are contaminated pursuant to section 501(b)(4); 1 (C) establish methods and protocols for monitoring the physical, chemical, and biological effects of pollutants in aquatic sediment and of contaminated sediment; (D) develop a system for the management, storage, and dissemination of data concerning aquatic sediment quality; (E) provide an assessment of aquatic sediment quality trends over time; (F) identify locations where pollutants in sediment may pose a threat to the quality of drinking water supplies, fisheries resources, and marine habitats; and (G) establish a clearing house for information on technology, methods, and practices available for the remediation, decontamination, and control of sediment contamination. (2) Report The Administrator shall submit to Congress a report on the findings of the monitoring under paragraph (1) on the date that is 2 years after the date specified in subsection (a)(2) and biennially thereafter. ( Pub. L. 102580, title V,  503 Oct. 31, 1992 106 Stat. 4865  Editorial Notes  References in Text Section 501(b)(4), referred to in subsecs. (a)(1) and (b)(1)(B), means section 501(b)(4) of Pub. L. 102580 Codification Section was enacted as part of the Water Resources Development Act of 1992 and also as part of the National Contaminated Sediment Assessment and Management Act, and not as part of the Federal Water Pollution Control Act which comprises this chapter. Statutory Notes and Related Subsidiaries Availability of Contaminated Sediments Information Pub. L. 102580, title III,  327 Oct. 31, 1992 106 Stat. 4851 Oct. 31, 1992 National Contaminated Sediment Assessment and Management; Short Title; Definitions; Task Force Pub. L. 102580, title V Oct. 31, 1992 106 Stat. 4864  SEC. 501. SHORT TITLE AND DEFINITIONS. (a)  Short Title This title [enacting this section, amending sections 1412 to 1416, 1420, and 1421 of this title, and enacting provisions set out below] may be cited as the National Contaminated Sediment Assessment and Management Act. (b)  Definitions For the purposes of sections 502 and 503 of this title [enacting this section and provisions set out below] (1) the term aquatic sediment means sediment underlying the navigable waters of the United States; (2) the term navigable waters has the same meaning as in section 502(7) of the Federal Water Pollution Control Act ( 33 U.S.C. 1362(7) (3) the term pollutant has the same meaning as in section 502(6) of the Federal Water Pollution Control Act ( 33 U.S.C. 1362(6) (4) the term contaminated sediment means aquatic sediment which (A) contains chemical substances in excess of appropriate geochemical, toxicological or sediment quality criteria or measures; or (B) is otherwise considered by the Administrator to pose a threat to human health or the environment; and (5) the term Administrator means the Administrator of the Environmental Protection Agency. SEC. 502. NATIONAL CONTAMINATED SEDIMENT TASK FORCE. (a)  Establishment There is established a National Contaminated Sediment Task Force (hereinafter referred to in this section as the Task Force). The Task Force shall (1) advise the Administrator and the Secretary in the implementation of this title; (2) review and comment on reports concerning aquatic sediment quality and the extent and seriousness of aquatic sediment contamination throughout the Nation; (3) review and comment on programs for the research and development of aquatic sediment restoration methods, practices, and technologies; (4) review and comment on the selection of pollutants for development of aquatic sediment criteria and the schedule for the development of such criteria; (5) advise appropriate officials in the development of guidelines for restoration of contaminated sediment; (6) make recommendations to appropriate officials concerning practices and measures (A) to prevent the contamination of aquatic sediments; and (B) to control sources of sediment contamination; and (7) review and assess the means and methods for locating and constructing permanent, cost-effective long-term disposal sites for the disposal of dredged material that is not suitable for ocean dumping (as determined under the Marine Protection, Research, and Sanctuaries Act of 1972 ( 33 U.S.C. 1401 16 U.S.C. 1431 33 U.S.C. 2801 (b)  Membership. (1)  In general The membership of the Task Force shall include 1 representative of each of the following: (A) The Administrator. (B) The Secretary. (C) The National Oceanic and Atmospheric Administration. (D) The United States Fish and Wildlife Service. (E) The Geological Survey [now United States Geological Survey]. (F) The Department of Agriculture. (2)  Additional members Additional members of the Task Force shall be jointly selected by the Administrator and the Secretary, and shall include (A) not more than 3 representatives of States; (B) not more than 3 representatives of ports, agriculture, and manufacturing; and (C) not more than 3 representatives of public interest organizations with a demonstrated interest in aquatic sediment contamination. (3)  Cochairmen The Administrator and the Secretary shall serve as cochairmen of the Task Force. (4)  Clerical and technical assistance Such clerical and technical assistance as may be necessary to discharge the duties of the Task Force shall be provided by the personnel of the Environmental Protection Agency and the Army Corps of Engineers. (5)  Compensation for additional members The additional members of the Task Force selected under paragraph (2) shall, while attending meetings or conferences of the Task Force, be compensated at a rate to be fixed by the cochairmen, but not to exceed the daily equivalent of the base rate of pay in effect for grade GS15 of the General Schedule under section 5332 of title 5 section 5703(b) of title 5 (c)  Report Within 2 years after the date of the enactment of this Act [ Oct. 31, 1992 Authorization of Appropriations Pub. L. 102580, title V,  509(b) Oct. 31, 1992 106 Stat. 4870 There is authorized to be appropriated to the Administrator to carry out sections 502 and 503 [enacting this section and provisions set out above] such sums as may be necessary.  Secretary Defined Secretary means the Secretary of the Army, see section 3 of Pub. L. 102580 section 2201 of this title  1271a. Research and development program (a) In general In coordination with other Federal, State, and local officials, the Administrator of the Environmental Protection Agency may conduct research on the development and use of innovative approaches, technologies, and techniques for the remediation of sediment contamination in areas of concern that are located wholly or partially in the United States. (b) Authorization of appropriations (1) In general In addition to any amounts authorized under other provisions of law, there is authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2004 through 2010. (2) Availability Funds appropriated under paragraph (1) shall remain available until expended. ( Pub. L. 107303, title I,  106 Nov. 27, 2002 116 Stat. 2358 Pub. L. 110365,  4 Oct. 8, 2008 122 Stat. 4023  Editorial Notes Codification Section was enacted as part of the Great Lakes Legacy Act of 2002, and also as part of the Great Lakes and Lake Champlain Act of 2002, and not as part of the Federal Water Pollution Control Act which comprises this chapter. Amendments 2008Subsec. (b)(1). Pub. L. 110365  1272. Environmental dredging (a) Operation and maintenance of navigation projects Whenever necessary to meet the requirements of the Federal Water Pollution Control Act [ 33 U.S.C. 1251 (b) Nonproject specific (1) In general The Secretary may remove and remediate contaminated sediments from the navigable waters of the United States for the purpose of environmental enhancement and water quality improvement if such removal and remediation is requested by a non-Federal sponsor and the sponsor agrees to pay 35 percent of the cost of such removal and remediation. (2) Maximum amount The Secretary may not expend more than $50,000,000 in a fiscal year to carry out this subsection. (c) Joint plan requirement The Secretary may only remove and remediate contaminated sediments under subsection (b) in accordance with a joint plan developed by the Secretary and interested Federal, State, and local government officials. Such plan must include an opportunity for public comment, a description of the work to be undertaken, the method to be used for dredged material disposal, the roles and responsibilities of the Secretary and non-Federal sponsors, and identification of sources of funding. (d) Disposal costs Costs of disposal of contaminated sediments removed under this section shall be a 1 1 (e) Limitation on statutory construction Nothing in this section shall be construed to affect the rights and responsibilities of any person under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 [ 42 U.S.C. 9601 (f) Priority work In carrying out this section, the Secretary shall give priority to work in the following areas: (1) Brooklyn Waterfront, New York. (2) Buffalo Harbor and River, New York. (3) Ashtabula River, Ohio. (4) Mahoning River, Ohio. (5) Lower Fox River, Wisconsin. (6) Passaic River and Newark Bay, New Jersey. (7) Snake Creek, Bixby, Oklahoma. (8) Willamette River, Oregon. (g) Nonprofit entities Notwithstanding section 1962d5b of title 42 ( Pub. L. 101640, title III,  312 Nov. 28, 1990 104 Stat. 4639 Pub. L. 104303, title II,  205 Oct. 12, 1996 110 Stat. 3679 Pub. L. 10653, title II,  224 Aug. 17, 1999 113 Stat. 297 Pub. L. 106541, title II,  210(a) Dec. 11, 2000 114 Stat. 2592  Editorial Notes  References in Text The Federal Water Pollution Control Act, referred to in subsec. (a), is act June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 816 section 1251 of this title The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, referred to in subsec. (e), is Pub. L. 96510 Dec. 11, 1980 94 Stat. 2767 section 9601 of Title 42 Codification Section was formerly set out as a note under section 1252 of this title Section was enacted as part of the Water Resources Development Act of 1990, and not as part of the Federal Water Pollution Control Act which comprises this chapter. Amendments 2000Subsec. (g). Pub. L. 106541 1999Subsec. (b)(1). Pub. L. 10653,  224(1)(A) Subsec. (b)(2). Pub. L. 10653,  224(1)(B) Subsec. (d). Pub. L. 10653,  224(2) Subsec. (f)(6) to (8). Pub. L. 10653,  224(3) 1996Subsec. (a). Pub. L. 104303,  205(1) Subsec. (b)(1). Pub. L. 104303,  205(1) Subsec. (b)(2). Pub. L. 104303,  205(2)(B) Subsec. (c). Pub. L. 104303,  205(1) Subsec. (f). Pub. L. 104303,  205(3) November 28, 1990  1273. Lake Pontchartrain Basin (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 section 1330 of this title 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 (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 Pub. L. 106457, title V,  502 Nov. 7, 2000 114 Stat. 1973 Pub. L. 109392,  1 Dec. 12, 2006 120 Stat. 2703 Pub. L. 112237,  1 Dec. 28, 2012 126 Stat. 1628 Pub. L. 117263, div. H, title LXXXV,  8501(c) Dec. 23, 2022 136 Stat. 3856  Editorial Notes Prior Provisions Another section 121 of act June 30, 1948 section 1274 of this title Amendments 2022Subsec. (c)(7). Pub. L. 117263,  8501(c)(1)(A) Subsec. (d)(1). Pub. L. 117263,  8501(c)(1)(B) section 1330 of this title section 1330 of this title Subsec. (e)(1). Pub. L. 117263,  8501(c)(2) Subsec. (f)(3). Pub. L. 117263,  8501(c)(3) 2012Subsec. (d). Pub. L. 112237,  1(1) Subsec. (f)(1). Pub. L. 112237,  1(2) 2006Subsec. (f)(1). Pub. L. 109392 Statutory Notes and Related Subsidiaries Management Conference Pub. L. 110114, title V,  5084 Nov. 8, 2007 121 Stat. 1228 For purposes of carrying out section 121 of the Federal Water Pollution Control Act ( 33 U.S.C. 1273 February 25, 2002 33 U.S.C. 1330  1274. Watershed pilot projects (a) In general The Administrator, in coordination with the States, may provide technical assistance and grants to a municipality or municipal entity to carry out pilot projects relating to the following areas: (1) Watershed management of wet weather discharges The management of municipal combined sewer overflows, sanitary sewer overflows, and stormwater discharges, on an integrated watershed or subwatershed basis for the purpose of demonstrating the effectiveness of a unified wet weather approach. (2) Stormwater best management practices The control of pollutants from municipal separate storm sewer systems for the purpose of demonstrating and determining controls that are cost-effective and that use innovative technologies to manage, reduce, treat, recapture, or reuse municipal stormwater, including techniques that utilize infiltration, evapotranspiration, and reuse of stormwater onsite. (3) Watershed partnerships Efforts of municipalities and property owners to demonstrate cooperative ways to address nonpoint sources of pollution to reduce adverse impacts on water quality. (4) Integrated water resource plan The development of an integrated water resource plan for the coordinated management and protection of surface water, ground water, and stormwater resources on a watershed or subwatershed basis to meet the objectives, goals, and policies of this chapter. (5) Municipality-wide stormwater management planning The development of a municipality-wide plan that identifies the most effective placement of stormwater technologies and management approaches, to reduce water quality impairments from stormwater on a municipality-wide basis. (6) Increased resilience of treatment works Efforts to assess future risks and vulnerabilities of publicly owned treatment works to manmade or natural disasters, including extreme weather events and sea-level rise, and to carry out measures, on a systemwide or area-wide basis, to increase the resiliency of publicly owned treatment works. (b) Administration The Administrator, in coordination with the States, shall provide municipalities participating in a pilot project under this section the ability to engage in innovative practices, including the ability to unify separate wet weather control efforts under a single permit. (c) Report to Congress Not later than October 1, 2015 ( June 30, 1948, ch. 758 Pub. L. 106554,  1(a)(4) [div. B, title I,  112(b)] Dec. 21, 2000 114 Stat. 2763 Pub. L. 109392,  2 Dec. 12, 2006 120 Stat. 2703 Pub. L. 113121, title V,  5011 June 10, 2014 128 Stat. 1327  Editorial Notes Amendments 2014 Pub. L. 113121,  5011(1) Subsec. (a). Pub. L. 113121,  5011(2)(A) Subsec. (a)(2). Pub. L. 113121,  5011(2)(B) Subsec. (a)(3) to (6). Pub. L. 113121,  5011(2)(C) Subsecs. (c), (d). Pub. L. 113121,  5011(3) October 1, 2015 December 21, 2000  1275. Columbia River Basin Restoration (a) Definitions In this section, the following definitions apply: (1) Columbia River Basin The term Columbia River Basin means the entire United States portion of the Columbia River watershed. (2) Estuary Partnership The term Estuary Partnership means the Lower Columbia Estuary Partnership, an entity created by the States of Oregon and Washington and the Environmental Protection Agency under section 1330 of this title (3) Estuary Plan (A) In general The term Estuary Plan means the Estuary Partnership Comprehensive Conservation and Management Plan adopted by the Environmental Protection Agency and the Governors of Oregon and Washington on October 20, 1999 section 1330 of this title (B) Inclusion The term Estuary Plan includes any amendments to the plan. (4) Lower Columbia River Estuary The term Lower Columbia River Estuary means the mainstem Columbia River from the Bonneville Dam to the Pacific Ocean and tidally influenced portions of tributaries to the Columbia River in that region. (5) Middle and Upper Columbia River Basin The term Middle and Upper Columbia River Basin means the region consisting of the United States portion of the Columbia River Basin above Bonneville Dam. (6) Program The term Program means the Columbia River Basin Restoration Program established under subsection (b)(1)(A). (b) Columbia River Basin Restoration Program (1) Establishment (A) In general The Administrator shall establish within the Environmental Protection Agency a Columbia River Basin Restoration Program. (B) Effect (i) The establishment of the Program does not modify any legal or regulatory authority or program in effect as of December 16, 2016 (ii) This section does not create any new regulatory authority. (2) Scope of Program The Program shall consist of a collaborative stakeholder-based program for environmental protection and restoration activities throughout the Columbia River Basin. (3) Duties The Administrator shall (A) assess trends in water quality, including trends that affect uses of the water of the Columbia River Basin; (B) collect, characterize, and assess data on water quality to identify possible causes of environmental problems; and (C) provide grants in accordance with subsection (d) for projects that assist in (i) eliminating or reducing pollution; (ii) cleaning up contaminated sites; (iii) improving water quality; (iv) monitoring to evaluate trends; (v) reducing runoff; (vi) protecting habitat; or (vii) promoting citizen engagement or knowledge. (c) Stakeholder Working Group (1) Establishment The Administrator shall establish a Columbia River Basin Restoration Working Group (referred to in this subsection as the Working Group). (2) Membership (A) In general Membership in the Working Group shall be on a voluntary basis and any person invited by the Administrator under this subsection may decline membership. (B) Invited representatives The Administrator shall invite, at a minimum, representatives of (i) each State located in whole or in part in the Columbia River Basin; (ii) the Governors of each State located in whole or in part in the Columbia River Basin; (iii) each federally recognized Indian tribe in the Columbia River Basin; (iv) local governments in the Columbia River Basin; (v) industries operating in the Columbia River Basin that affect or could affect water quality; (vi) electric, water, and wastewater utilities operating in the Columba 1 1 (vii) private landowners in the Columbia River Basin; (viii) soil and water conservation districts in the Columbia River Basin; (ix) nongovernmental organizations that have a presence in the Columbia River Basin; (x) the general public in the Columbia River Basin; and (xi) the Estuary Partnership. (3) Geographic representation The Working Group shall include representatives from (A) each State located in whole or in part in the Columbia River Basin; and (B) each of the lower, middle, and upper basins of the Columbia River. (4) Duties and responsibilities The Working Group shall (A) recommend and prioritize projects and actions; and (B) review the progress and effectiveness of projects and actions implemented. (5) Lower Columbia River Estuary (A) Estuary Partnership The Estuary Partnership shall perform the duties and fulfill the responsibilities of the Working Group described in paragraph (4) as those duties and responsibilities relate to the Lower Columbia River Estuary for such time as the Estuary Partnership is the management conference for the Lower Columbia River National Estuary Program under section 1330 of this title (B) Designation If the Estuary Partnership ceases to be the management conference for the Lower Columbia River National Estuary Program under section 1330 of this title (C) Incorporation If the Estuary Partnership is removed from the National Estuary Program, the duties and responsibilities for the lower 146 miles of the Columbia River pursuant to this section shall be incorporated into the duties of the Working Group. (d) Grants (1) In general The Administrator shall establish a voluntary, competitive Columbia River Basin program to provide grants to State governments, tribal governments, regional water pollution control agencies and entities, local government entities, nongovernmental entities, or soil and water conservation districts to develop or implement projects authorized under this section for the purpose of environmental protection and restoration activities throughout the Columbia River Basin. (2) Federal share (A) In general Except as provided in subparagraph (B), the Federal share of the cost of any project or activity carried out using funds from a grant provided to any person (including a State, tribal, or local government or interstate or regional agency) under this subsection for a fiscal year (i) shall not exceed 75 percent of the total cost of the project or activity; and (ii) shall be made on condition that the non-Federal share of such total cost shall be provided from non-Federal sources. (B) Exceptions With respect to cost-sharing for a grant provided under this subsection (i) a tribal government may use Federal funds for the non-Federal share; and (ii) the Administrator may increase the Federal share under such circumstances as the Administrator determines to be appropriate. (3) Allocation In making grants using funds appropriated to carry out this section, the Administrator shall (A) provide not less than 25 percent of the funds to make grants for projects, programs, and studies in the Lower Columbia River Estuary; (B) provide not less than 25 percent of the funds to make grants for projects, programs, and studies in the Middle and Upper Columbia River Basin, including the Snake River Basin; and (C) retain not more than 5 percent of the funds for the Environmental Protection Agency for purposes of implementing this section. (4) Reporting (A) In general Each grant recipient under this subsection shall submit to the Administrator reports on progress being made in achieving the purposes of this section. (B) Requirements The Administrator shall establish requirements and timelines for recipients of grants under this subsection to report on progress made in achieving the purposes of this section. (5) Relationship to other funding (A) In general Nothing in this subsection limits the eligibility of the Estuary Partnership to receive funding under section 1330(g) of this title (B) Limitation None of the funds made available under this subsection may be used for the administration of a management conference under section 1330 of this title (6) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $30,000,000 for each of fiscal years 2020 and 2021. (e) Annual budget plan The President, as part of the annual budget submission of the President to Congress under section 1105(a) of title 31 (1) the amounts obligated for the preceding fiscal year for protection and restoration projects, programs, and studies relating to the Columbia River Basin; (2) the estimated budget for the current fiscal year for protection and restoration projects, programs, and studies relating to the Columbia River Basin; and (3) the proposed budget for protection and restoration projects, programs, and studies relating to the Columbia River Basin. ( June 30, 1948, ch. 758 Pub. L. 114322, title IV,  5010 Dec. 16, 2016 130 Stat. 1898 Pub. L. 115270, title IV,  4105 Oct. 23, 2018 132 Stat. 3875  Editorial Notes Amendments 2018Subsec. (d)(6). Pub. L. 115270  1276. Enhanced aquifer use and recharge (a) In general Subject to the availability of appropriations, the Administrator shall provide funding to carry out groundwater research on enhanced aquifer use and recharge in support of sole-source aquifers, of which (1) not less than 50 percent shall be used to provide 1 grant to a State, unit of local government, or Indian Tribe to carry out activities that would directly support that research; and (2) the remainder shall be provided to 1 appropriate research center. (b) Coordination As a condition of accepting funds under subsection (a), the State, unit of local government, or Indian Tribe and the appropriate research center that receive funds under that subsection shall establish a formal research relationship for the purpose of coordinating efforts under this section. (c) Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out this section $5,000,000 for each of fiscal years 2022 through 2026. ( June 30, 1948, ch. 758 Pub. L. 11758, div. E, title II,  50222 Nov. 15, 2021 135 Stat. 1181  1276a. San Francisco Bay restoration grant program (a) Definitions In this section: (1) Estuary Partnership The term Estuary Partnership means the San Francisco Estuary Partnership, designated as the management conference for the San Francisco Bay under section 1330 of this title (2) San Francisco Bay Plan The term San Francisco Bay Plan means (A) until the date of the completion of the plan developed by the Director under subsection (d), the comprehensive conservation and management plan approved under section 1330 of this title (B) on and after the date of the completion of the plan developed by the Director under subsection (d), the plan developed by the Director under subsection (d). (b) Program Office (1) Establishment The Administrator shall establish in the Environmental Protection Agency a San Francisco Bay Program Office. The Office shall be located at the headquarters of Region 9 of the Environmental Protection Agency. (2) Appointment of Director The Administrator shall appoint a Director of the Office, who shall have management experience and technical expertise relating to the San Francisco Bay and be highly qualified to direct the development and implementation of projects, activities, and studies necessary to implement the San Francisco Bay Plan. (3) Delegation of authority; staffing The Administrator shall delegate to the Director such authority and provide such staff as may be necessary to carry out this section. (c) Annual priority list (1) In general After providing public notice, the Director shall annually compile a priority list, consistent with the San Francisco Bay Plan, identifying and prioritizing the projects, activities, and studies to be carried out with amounts made available under subsection (e). (2) Inclusions The annual priority list compiled under paragraph (1) shall include the following: (A) Projects, activities, and studies, including restoration projects and habitat improvement for fish, waterfowl, and wildlife, that advance the goals and objectives of the San Francisco Bay Plan, for (i) water quality improvement, including the reduction of marine litter; (ii) wetland, riverine, and estuary restoration and protection; (iii) nearshore and endangered species recovery; and (iv) adaptation to climate change. (B) Information on the projects, activities, and studies specified under subparagraph (A), including (i) the identity of each entity receiving assistance pursuant to subsection (e); and (ii) a description of the communities to be served. (C) The criteria and methods established by the Director for identification of projects, activities, and studies to be included on the annual priority list. (3) Consultation In compiling the annual priority list under paragraph (1), the Director shall consult with, and consider the recommendations of (A) the Estuary Partnership; (B) the State of California and affected local governments in the San Francisco Bay estuary watershed; (C) the San Francisco Bay Restoration Authority; and (D) any other relevant stakeholder involved with the protection and restoration of the San Francisco Bay estuary that the Director determines to be appropriate. (d) San Francisco Bay Plan (1) In general Not later than 5 years after December 23, 2022 section 1330 of this title (2) Revision of San Francisco Bay Plan Not less often than once every 5 years after the date of the completion of the plan described in paragraph (1), the Director shall review, and revise as appropriate, the San Francisco Bay Plan. (3) Outreach In carrying out this subsection, the Director shall consult with the Estuary Partnership and Indian tribes and solicit input from other non-Federal stakeholders. (e) Grant program (1) In general The Director may provide funding through cooperative agreements, grants, or other means to State and local agencies, special districts, and public or nonprofit agencies, institutions, and organizations, including the Estuary Partnership, for projects, activities, and studies identified on the annual priority list compiled under subsection (c). (2) Maximum amount of grants; non-Federal share (A) Maximum amount of grants Amounts provided to any entity under this section for a fiscal year shall not exceed an amount equal to 75 percent of the total cost of any projects, activities, and studies that are to be carried out using those amounts. (B) Non-Federal share Not less than 25 percent of the cost of any project, activity, or study carried out using amounts provided under this section shall be provided from non-Federal sources. (f) Funding (1) Administrative expenses Of the amount made available to carry out this section for a fiscal year, the Director may not use more than 5 percent to pay administrative expenses incurred in carrying out this section. (2) Prohibition No amounts made available under this section may be used for the administration of a management conference under section 1330 of this title ( June 30, 1948, ch. 758 Pub. L. 117263, div. H, title LXXXV,  8501(a) Dec. 23, 2022 136 Stat. 3845  1276b. Puget Sound (a) Definitions In this section: (1) Coastal Nonpoint Pollution Control Program The term Coastal Nonpoint Pollution Control Program means the State of Washingtons Coastal Nonpoint Pollution Control Program approved under section 1455b of title 16 (2) Director The term Director means the Director of the Program Office. (3) Federal Action Plan The term Federal Action Plan means the plan developed under subsection (c)(3)(B). (4) International Joint Commission The term International Joint Commission means the International Joint Commission established by the Treaty relating to the boundary waters and questions arising along the boundary between the United States and Canada, signed at Washington January 11, 1909 May 5, 1910 36 Stat. 2448 (5) Pacific Salmon Commission The term Pacific Salmon Commission means the Pacific Salmon Commission established by the United States and Canada under the Treaty concerning Pacific salmon, with annexes and memorandum of understanding, signed at Ottawa January 28, 1985 March 18, 1985 (6) Program Office The term Program Office means the Puget Sound Recovery National Program Office established by subsection (b). (7) Puget Sound Action Agenda; Action Agenda The term Puget Sound Action Agenda orAction Agenda means the most recent plan developed by the Puget Sound National Estuary Program Management Conference, in consultation with the Puget Sound Tribal Management Conference, and approved by the Administrator as the comprehensive conservation and management plan for the Puget Sound under section 1330 of this title (8) Puget Sound Federal Leadership Task Force The term Puget Sound Federal Leadership Task Force means the Puget Sound Federal Leadership Task Force established under subsection (c). (9) Puget Sound Federal Task Force The term Puget Sound Federal Task Force means the Puget Sound Federal Task Force established in 2016 under a memorandum of understanding among 9 Federal agencies. (10) Puget Sound National Estuary Program Management Conference The term Puget Sound National Estuary Program Management Conference means the management conference for the Puget Sound convened pursuant to section 1330 of this title (11) Puget Sound Partnership The term Puget Sound Partnership means the State agency created under the laws of the State of Washington (section 90.71.210 of the Revised Code of Washington), or its successor agency that has been designated by the Administrator as the lead entity to support the Puget Sound National Estuary Program Management Conference. (12) Puget Sound region (A) In general The term Puget Sound region means the land and waters in the northwest corner of the State of Washington from the Canadian border to the north to the Pacific Ocean on the west, including Hood Canal and the Strait of Juan de Fuca. (B) Inclusion The term Puget Sound region includes all watersheds that drain into the Puget Sound. (13) Puget Sound Tribal Management Conference The term Puget Sound Tribal Management Conference means the 20 treaty Indian tribes of western Washington and the Northwest Indian Fisheries Commission. (14) Salish Sea The term Salish Sea means the network of coastal waterways on the west coast of North America that includes the Puget Sound, the Strait of Georgia, and the Strait of Juan de Fuca. (15) Salmon Recovery Plans The term Salmon Recovery Plans means the recovery plans for salmon and steelhead species approved by the Secretary of the Interior under section 4(f) of the Endangered Species Act of 1973 [ 16 U.S.C. 1533(f) (16) State Advisory Committee The term State Advisory Committee means the advisory committee established by subsection (d). (17) Treaty Rights at Risk Initiative The term Treaty Rights at Risk Initiative means the report from the treaty Indian tribes of western Washington entitled Treaty Rights At Risk: Ongoing Habitat Loss, the Decline of the Salmon Resource, and Recommendations for Change and dated July 14, 2011 (b) Puget Sound Recovery National Program Office (1) Establishment There is established in the Environmental Protection Agency a Puget Sound Recovery National Program Office, to be located in the State of Washington. (2) Director (A) In general There shall be a Director of the Program Office, who shall have leadership and project management experience and shall be highly qualified to (i) direct the integration of multiple project planning efforts and programs from different agencies and jurisdictions; and (ii) align numerous, and possibly competing, priorities to accomplish visible and measurable outcomes under the Action Agenda. (B) Position The position of Director of the Program Office shall be a career reserved position, as such term is defined in section 3132 of title 5 (3) Delegation of authority; staffing Using amounts made available to carry out this section, the Administrator shall delegate to the Director such authority and provide such staff as may be necessary to carry out this section. (4) Duties The Director shall (A) coordinate and manage the timely execution of the requirements of this section, including the formation and meetings of the Puget Sound Federal Leadership Task Force; (B) coordinate activities related to the restoration and protection of the Puget Sound across the Environmental Protection Agency; (C) coordinate and align the activities of the Administrator with the Action Agenda, Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program; (D) promote the efficient use of Environmental Protection Agency resources in pursuit of the restoration and protection of the Puget Sound; (E) serve on the Puget Sound Federal Leadership Task Force and collaborate with, help coordinate, and implement activities with other Federal agencies that have responsibilities involving the restoration and protection of the Puget Sound; (F) provide or procure such other advice, technical assistance, research, assessments, monitoring, or other support as is determined by the Director to be necessary or prudent to most efficiently and effectively fulfill the objectives and priorities of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program, consistent with the best available science, to ensure the health of the Puget Sound ecosystem; (G) track the progress of the Environmental Protection Agency toward meeting the agencys specified objectives and priorities within the Action Agenda and the Federal Action Plan; (H) implement the recommendations of the Comptroller General set forth in the report entitled Puget Sound Restoration: Additional Actions Could Improve Assessments of Progress and dated July 19, 2018 (I) serve as liaison and coordinate activities for the restoration and protection of the Salish Sea with Canadian authorities, the Pacific Salmon Commission, and the International Joint Commission; and (J) carry out such additional duties as the Director determines necessary and appropriate. (c) Puget Sound Federal Leadership Task Force (1) Establishment There is established a Puget Sound Federal Leadership Task Force. (2) Membership (A) Composition The Puget Sound Federal Leadership Task Force shall be composed of the following members: (i) The following individuals appointed by the Secretary of Agriculture: (I) A representative of the National Forest Service. (II) A representative of the Natural Resources Conservation Service. (ii) A representative of the National Oceanic and Atmospheric Administration appointed by the Secretary of Commerce. (iii) The following individuals appointed by the Secretary of Defense: (I) A representative of the Corps of Engineers. (II) A representative of the Joint Base Lewis-McChord. (III) A representative of the Commander, Navy Region Northwest. (iv) The Director of the Program Office. (v) The following individuals appointed by the Secretary of Homeland Security: (I) A representative of the Coast Guard. (II) A representative of the Federal Emergency Management Agency. (vi) The following individuals appointed by the Secretary of the Interior: (I) A representative of the Bureau of Indian Affairs. (II) A representative of the United States Fish and Wildlife Service. (III) A representative of the United States Geological Survey. (IV) A representative of the National Park Service. (vii) The following individuals appointed by the Secretary of Transportation: (I) A representative of the Federal Highway Administration. (II) A representative of the Federal Transit Administration. (viii) Representatives of such other Federal agencies, programs, and initiatives as the other members of the Puget Sound Federal Leadership Task Force determines necessary. (B) Qualifications Members appointed under this paragraph shall have experience and expertise in matters of restoration and protection of large watersheds and bodies of water, or related experience that will benefit the restoration and protection of the Puget Sound. (C) Co-chairs (i) In general The following members of the Puget Sound Federal Leadership Task Force shall serve as Co-Chairs of the Puget Sound Federal Leadership Task Force: (I) The representative of the National Oceanic and Atmospheric Administration. (II) The Director of the Program Office. (III) The representative of the Corps of Engineers. (ii) Leadership The Co-Chairs shall ensure the Puget Sound Federal Leadership Task Force completes its duties through robust discussion of all relevant issues. The Co-Chairs shall share leadership responsibilities equally. (3) Duties (A) General duties The Puget Sound Federal Leadership Task Force shall (i) uphold Federal trust responsibilities to restore and protect resources crucial to Tribal treaty rights, including by carrying out government-to-government consultation with Indian tribes when requested by such tribes; (ii) provide a venue for dialogue and coordination across all Federal agencies represented by a member of the Puget Sound Federal Leadership Task Force to align Federal resources for the purposes of carrying out the requirements of this section and all other Federal laws that contribute to the restoration and protection of the Puget Sound, including by (I) enabling and encouraging such agencies to act consistently with the objectives and priorities of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program; (II) facilitating the coordination of Federal activities that impact such restoration and protection; (III) facilitating the delivery of feedback given by such agencies to the Puget Sound Partnership during the development of the Action Agenda; (IV) facilitating the resolution of interagency conflicts associated with such restoration and protection among such agencies; (V) providing a forum for exchanging information among such agencies regarding activities being conducted, including obstacles or efficiencies found, during restoration and protection activities; and (VI) promoting the efficient use of government resources in pursuit of such restoration and protection through coordination and collaboration, including by ensuring that the Federal efforts relating to the science necessary for such restoration and protection are consistent, and not duplicative, across the Federal Government; (iii) catalyze public leaders at all levels to work together toward shared goals by demonstrating interagency best practices coming from such agencies; (iv) provide advice and support on scientific and technical issues and act as a forum for the exchange of scientific information about the Puget Sound; (v) identify and inventory Federal environmental research and monitoring programs related to the Puget Sound, and provide such inventory to the Puget Sound National Estuary Program Management Conference; (vi) ensure that Puget Sound restoration and protection activities are as consistent as practicable with ongoing restoration and protection and related efforts in the Salish Sea that are being conducted by Canadian authorities, the Pacific Salmon Commission, and the International Joint Commission; (vii) ensure that Puget Sound restoration and protection activities are consistent with national security interests; (viii) establish any working groups or committees necessary to assist the Puget Sound Federal Leadership Task Force in its duties, including relating to public policy and scientific issues; and (ix) raise national awareness of the significance of the Puget Sound. (B) Puget Sound Federal Action Plan (i) In general Not later than 5 years after December 23, 2022 (ii) Revision of Puget Sound Federal Action Plan Not less often than once every 5 years after the date of approval of the Federal Action Plan under clause (i), the Puget Sound Federal Leadership Task Force shall review, and revise as appropriate, the Federal Action Plan. (C) Feedback by Federal agencies In facilitating feedback under subparagraph (A)(ii)(III), the Puget Sound Federal Leadership Task Force shall request Federal agencies to consider, at a minimum, possible Federal actions within the Puget Sound region designed to (i) further the goals, targets, and actions of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program; (ii) as applicable, implement and enforce this chapter, the Endangered Species Act of 1973 [ 16 U.S.C. 1531 (iii) prevent the introduction and spread of invasive species; (iv) protect marine and wildlife habitats; (v) protect, restore, and conserve forests, wetlands, riparian zones, and nearshore waters; (vi) promote resilience to climate change and ocean acidification effects; (vii) restore fisheries so that they are sustainable and productive; (viii) preserve biodiversity; (ix) restore and protect ecosystem services that provide clean water, filter toxic chemicals, and increase ecosystem resilience; and (x) improve water quality, including by preventing and managing stormwater runoff, incorporating erosion control techniques and trash capture devices, using sustainable stormwater practices, and mitigating and minimizing nonpoint source pollution, including marine litter. (4) Participation of State Advisory Committee and Puget Sound Tribal Management Conference The Puget Sound Federal Leadership Task Force shall carry out its duties with input from, and in collaboration with, the State Advisory Committee and the Puget Sound Tribal Management Conference, including by seeking advice and recommendations on the actions, progress, and issues pertaining to the restoration and protection of the Puget Sound. (5) Meetings (A) Initial meeting The Puget Sound Federal Leadership Task Force shall meet not later than 180 days after December 23, 2022 (i) to determine if all Federal agencies are properly represented; (ii) to establish the bylaws of the Puget Sound Federal Leadership Task Force; (iii) to establish necessary working groups or committees; and (iv) to determine subsequent meeting times, dates, and logistics. (B) Subsequent meetings After the initial meeting, the Puget Sound Federal Leadership Task Force shall meet, at a minimum, twice per year to carry out the duties of the Puget Sound Federal Leadership Task Force. (C) Working group meetings A meeting of any established working group or committee of the Puget Sound Federal Leadership Task Force shall not be considered a biannual meeting for purposes of subparagraph (B). (D) Joint meetings The Puget Sound Federal Leadership Task Force (i) shall offer to meet jointly with the Puget Sound National Estuary Program Management Conference and the Puget Sound Tribal Management Conference, at a minimum, once per year; and (ii) may consider such a joint meeting to be a biannual meeting of the Puget Sound Federal Leadership Task Force for purposes of subparagraph (B). (E) Quorum A simple majority of the members of the Puget Sound Federal Leadership Task Force shall constitute a quorum. (F) Voting For the Puget Sound Federal Leadership Task Force to take an official action, a quorum shall be present, and at least a two-thirds majority of the members present shall vote in the affirmative. (6) Puget Sound Federal Leadership Task Force procedures and advice (A) Advisors The Puget Sound Federal Leadership Task Force may seek advice and input from any interested, knowledgeable, or affected party as the Puget Sound Federal Leadership Task Force determines necessary to perform its duties. (B) Compensation A member of the Puget Sound Federal Leadership Task Force shall receive no additional compensation for service as a member on the Puget Sound Federal Leadership Task Force. (C) Travel expenses Travel expenses incurred by a member of the Puget Sound Federal Leadership Task Force in the performance of service on the Puget Sound Federal Leadership Task Force may be paid by the agency that the member represents. (7) Puget Sound Federal Task Force (A) In general On December 23, 2022 (B) Use of previous work The Puget Sound Federal Leadership Task Force shall, to the extent practicable, use the work product produced, relied upon, and analyzed by the Puget Sound Federal Task Force in order to avoid duplicating the efforts of the Puget Sound Federal Task Force. (d) State Advisory Committee (1) Establishment There is established a State Advisory Committee. (2) Membership The State Advisory Committee shall consist of up to seven members designated by the governing body of the Puget Sound Partnership, in consultation with the Governor of Washington, who will represent Washington State agencies that have significant roles and responsibilities related to the restoration and protection of the Puget Sound. (e) Puget Sound Federal Leadership Task Force biennial report on Puget Sound restoration and protection activities (1) In general Not later than 1 year after December 23, 2022 (2) Contents The report submitted under paragraph (1) shall include a description of the following: (A) The roles and progress of each State, local government entity, and Federal agency that has jurisdiction in the Puget Sound region relating to meeting the identified objectives and priorities of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program. (B) If available, the roles and progress of Tribal governments that have jurisdiction in the Puget Sound region relating to meeting the identified objectives and priorities of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program. (C) A summary of specific recommendations concerning implementation of the Action Agenda and the Federal Action Plan, including challenges, barriers, and anticipated milestones, targets, and timelines. (D) A summary of progress made by Federal agencies toward the priorities identified in the Federal Action Plan. (f) Tribal rights and consultation (1) Preservation of tribal treaty rights Nothing in this section affects, or is intended to affect, any right reserved by treaty between the United States and one or more Indian tribes. (2) Consultation Nothing in this section affects any authorization or obligation of a Federal agency to consult with an Indian tribe under any other provision of law. (g) Consistency (1) In general Actions authorized or implemented under this section shall be consistent with (A) the Salmon Recovery Plans; (B) the Coastal Nonpoint Pollution Control Program; and (C) the water quality standards of the State of Washington approved by the Administrator under section 1313 of this title (2) Federal actions All Federal agencies represented on the Puget Sound Federal Leadership Task Force shall act consistently with the protection of Tribal, treaty-reserved rights and, to the greatest extent practicable given such agencies existing obligations under Federal law, act consistently with the objectives and priorities of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program, when (A) conducting Federal agency activities within or outside the Puget Sound that affect any land or water use or natural resources of the Puget Sound region, including activities performed by a contractor for the benefit of a Federal agency; (B) interpreting and enforcing regulations that impact the restoration and protection of the Puget Sound; (C) issuing Federal licenses or permits that impact the restoration and protection of the Puget Sound; and (D) granting Federal assistance to State, local, and Tribal governments for activities related to the restoration and protection of the Puget Sound. ( June 30, 1948, ch. 758 Pub. L. 117263, div. H, title LXXXV,  8501(b) Dec. 23, 2022 136 Stat. 3847  Editorial Notes  References in Text The Endangered Species Act of 1973, referred to in subsec. (c)(3)(C)(ii), is Pub. L. 93205 Dec. 28, 1973 87 Stat. 884 section 1531 of Title 16 SUBCHAPTER II GRANTS FOR CONSTRUCTION OF TREATMENT WORKS  1281. Congressional declaration of purpose (a) Development and implementation of waste treatment management plans and practices It is the purpose of this subchapter to require and to assist the development and implementation of waste treatment management plans and practices which will achieve the goals of this chapter. (b) Application of technology: confined disposal of pollutants; consideration of advanced techniques Waste treatment management plans and practices shall provide for the application of the best practicable waste treatment technology before any discharge into receiving waters, including reclaiming and recycling of water, and confined disposal of pollutants so they will not migrate to cause water or other environmental pollution and shall provide for consideration of advanced waste treatment techniques. (c) Waste treatment management area and scope To the extent practicable, waste treatment management shall be on an areawide basis and provide control or treatment of all point and nonpoint sources of pollution, including in place or accumulated pollution sources. (d) Waste treatment management construction of revenue producing facilities The Administrator shall encourage waste treatment management which results in the construction of revenue producing facilities providing for (1) the recycling of potential sewage pollutants through the production of agriculture, silviculture, or aquaculture products, or any combination thereof; (2) the confined and contained disposal of pollutants not recycled; (3) the reclamation of wastewater; and (4) the ultimate disposal of sludge in a manner that will not result in environmental hazards. (e) Waste treatment management integration of facilities The Administrator shall encourage waste treatment management which results in integrating facilities for sewage treatment and recycling with facilities to treat, dispose of, or utilize other industrial and municipal wastes, including but not limited to solid waste and waste heat and thermal discharges. Such integrated facilities shall be designed and operated to produce revenues in excess of capital and operation and maintenance costs and such revenues shall be used by the designated regional management agency to aid in financing other environmental improvement programs. (f) Waste treatment management open space and recreational considerations The Administrator shall encourage waste treatment management which combines open space and recreational considerations with such management. (g) Grants to construct publicly owned treatment works (1) The Administrator is authorized to make grants to any State, municipality, or intermunicipal or interstate agency for the construction of publicly owned treatment works. On and after October 1, 1984 October 1, 1984 section 1292(2) of this title 1 1 section 1285 of this title (2) The Administrator shall not make grants from funds authorized for any fiscal year beginning after June 30, 1974 (A) alternative waste management techniques have been studied and evaluated and the works proposed for grant assistance will provide for the application of the best practicable waste treatment technology over the life of the works consistent with the purposes of this subchapter; and (B) as appropriate, the works proposed for grant assistance will take into account and allow to the extent practicable the application of technology at a later date which will provide for the reclaiming or recycling of water or otherwise eliminate the discharge of pollutants. (3) The Administrator shall not approve any grant after July 1, 1973 (4) The Administrator is authorized to make grants to applicants for treatment works grants under this section for such sewer system evaluation studies as may be necessary to carry out the requirements of paragraph (3) of this subsection. Such grants shall be made in accordance with rules and regulations promulgated by the Administrator. Initial rules and regulations shall be promulgated under this paragraph not later than 120 days after October 18, 1972 (5) The Administrator shall not make grants from funds authorized for any fiscal year beginning after September 30, 1978 (6) The Administrator shall not make grants from funds authorized for any fiscal year beginning after September 30, 1978 (h) Grants to construct privately owned treatment works A grant may be made under this section to construct a privately owned treatment works serving one or more principal residences or small commercial establishments constructed prior to, and inhabited on, December 27, 1977 (1) a public body otherwise eligible for a grant under subsection (g) has applied on behalf of a number of such units and certified that public ownership of such works is not feasible; (2) such public body has entered into an agreement with the Administrator which guarantees that such treatment works will be properly operated and maintained and will comply with all other requirements of section 1284 of this title (3) the total cost and environmental impact of providing waste treatment services to such residences or commercial establishments will be less than the cost of providing a system of collection and central treatment of such wastes. (i) Waste treatment management methods, processes, and techniques to reduce energy requirements The Administrator shall encourage waste treatment management methods, processes, and techniques which will reduce total energy requirements. (j) Grants for treatment works utilizing processes and techniques of guidelines under section 1314(d)(3) of this title The Administrator is authorized to make a grant for any treatment works utilizing processes and techniques meeting the guidelines promulgated under section 1314(d)(3) of this title (k) Limitation on use of grants for publicly owned treatment works No grant made after November 15, 1981 May 15, 1980 November 15, 1981 (l) Grants for facility plans, or plans, specifications, and estimates for proposed project for construction of treatment works; limitations, allotments, advances, etc. (1) After December 29, 1981 section 1282(a) of this title (2) (A) Each State shall use a portion of the funds allotted to such State each fiscal year, but not to exceed 10 per centum of such funds, to advance to potential grant applicants under this subchapter the costs of facility planning or the preparation of plans, specifications, and estimates. (B) Such an advance shall be limited to the allowance for such costs which the Administrator establishes under paragraph (1) of this subsection, and shall be provided only to a potential grant applicant which is a small community and which in the judgment of the State would otherwise be unable to prepare a request for a grant for construction costs under this section. (C) In the event a grant for construction costs is made under this section for a project for which an advance has been made under this paragraph, the Administrator shall reduce the amount of such grant by the allowance established under paragraph (1) of this subsection. In the event no such grant is made, the State is authorized to seek repayment of such advance on such terms and conditions as it may determine. (m) Grants for State of California projects (1) Notwithstanding any other provisions of this subchapter, the Administrator is authorized to make a grant from any funds otherwise allotted to the State of California under section 1285 of this title (2) Notwithstanding any other provision of this chapter, the Administrator shall make a grant from any funds otherwise allotted to the State of California to the city of Eureka, California, in connection with project numbered C062772, for the purchase of one hundred and thirty-nine acres of property as environmental mitigation for siting of the proposed treatment plant. (3) Notwithstanding any other provision of this chapter, the Administrator shall make a grant from any funds otherwise allotted to the State of California to the city of San Diego, California, in connection with that citys aquaculture sewage process (total resources recovery system) as an innovative and alternative waste treatment process. (n) Water quality problems; funds, scope, etc. (1) On and after October 1, 1984 section 1285 of this title (2) Beginning fiscal year 1983, the Administrator shall have available $200,000,000 per fiscal year in addition to those funds authorized in section 1287 of this title (o) Capital financing plan The Administrator shall encourage and assist applicants for grant assistance under this subchapter to develop and file with the Administrator a capital financing plan which, at a minimum (1) projects the future requirements for waste treatment services within the applicants jurisdiction for a period of no less than ten years; (2) projects the nature, extent, timing, and costs of future expansion and reconstruction of treatment works which will be necessary to satisfy the applicants projected future requirements for waste treatment services; and (3) sets forth with specificity the manner in which the applicant intends to finance such future expansion and reconstruction. (p) Time limit on resolving certain disputes In any case in which a dispute arises with respect to the awarding of a contract for construction of treatment works by a grantee of funds under this subchapter and a party to such dispute files an appeal with the Administrator under this subchapter for resolution of such dispute, the Administrator shall make a final decision on such appeal within 90 days of the filing of such appeal. ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 833 Pub. L. 95217 Dec. 27, 1977 91 Stat. 1569 Pub. L. 96483 Oct. 21, 1980 94 Stat. 2361 Pub. L. 97117 Dec. 29, 1981 95 Stat. 16231626 Pub. L. 1004, title II,  201 Feb. 4, 1987 101 Stat. 15  Editorial Notes Amendments 1987Subsec. (g)(1). Pub. L. 1004,  316(c) October 1, 1984 Subsec. (p). Pub. L. 1004,  201 1981Subsec. (g)(1). Pub. L. 97117,  2(a) Oct. 1, 1984 section 1292(2) of this title section 1285 of this title Subsec. (k). Pub. L. 97117,  10(c) Nov. 15, 1981 Subsec. ( l Pub. L. 97117,  3(a) l Subsec. (m). Pub. L. 97117,  4 Subsec. (n). Pub. L. 97117,  5 Subsec. ( o Pub. L. 97117,  6 o 1980Subsec. (h). Pub. L. 96483,  2(d) Subsec. (k). Pub. L. 96483,  3 1977Subsec. (g)(5). Pub. L. 95217,  12 Subsec. (g)(6). Pub. L. 95217,  13 Subsec. (h). Pub. L. 95217,  14 Subsec. (i). Pub. L. 95217,  15 Subsec. (j). Pub. L. 95217,  16 Statutory Notes and Related Subsidiaries Effective Date of 1980 Amendment Pub. L. 96483,  2(g) Oct. 21, 1980 94 Stat. 2361 The amendments made by this section [amending sections 1281, 1284, and 1293 of this title, enacting provisions set out as notes under section 1284 of this title section 1284 of this title December 27, 1977 Environmental Protection Agency State and Tribal Assistance Grants Pub. L. 105174, title III May 1, 1998 112 Stat. 92 Notwithstanding any other provision of law, eligible recipients of the funds appropriated to the Environmental Protection Agency in the State and Tribal Assistance Grants account since fiscal year 1997 and hereafter for multi-media or single media grants, other than Performance Partnership Grants authorized pursuant to Public Law 104134 Public Law 10565 Privatization of Infrastructure Assets Pub. L. 104303, title V,  586 Oct. 12, 1996 110 Stat. 3791  (a)  In General Notwithstanding the provisions of title II of the Federal Water Pollution Control Act ( 33 U.S.C. 1281 5 U.S.C. 601 33 U.S.C. 1251 (1) ownership of the asset remains with the entity that received the grant; and (2) the Administrator of the Environmental Protection Agency determines that the lease or concession furthers the purposes of such Act and approves the lease or concession. (b)  Limitation The Administrator shall not approve a total of more than 5 leases and concessions under this section. Grants to States To Administer Completion and Closeout of Construction Grants Program Pub. L. 104204, title III Sept. 26, 1996 110 Stat. 2912 That notwithstanding any other provision of law, beginning in fiscal year 1997 the Administrator may make grants to States, from funds available for obligation in the State under title II of the Federal Water Pollution Control Act [ 33 U.S.C. 1281 Wastewater Assistance to Colonias Pub. L. 104182, title III,  307 Aug. 6, 1996 110 Stat. 1688 Pub. L. 117263, div. H, title LXXXV,  8503 Dec. 23, 2022 136 Stat. 3856  (a)  Definitions As used in this section: (1)  Border state The term border State means Arizona, California, New Mexico, and Texas. (2)  Covered entity The term covered entity means each of the following: (A) A border State. (B) A local government with jurisdiction over an eligible community. (3)  Eligible community The term eligible community means a low-income community with economic hardship that (A) is commonly referred to as a colonia; (B) is located along the United States-Mexico border (generally in an unincorporated area); and (C) lacks basic sanitation facilities such as household plumbing or a proper sewage disposal system. (4)  Treatment works The term treatment works has the meaning provided in section 212(2) of the Federal Water Pollution Control Act ( 33 U.S.C. 1292(2) (b)  Grants for Wastewater Assistance The Administrator of the Environmental Protection Agency and the heads of other appropriate Federal agencies are authorized to award grants to a covered entity to provide assistance to eligible communities for the planning, design, and construction or improvement of sewers, treatment works, and appropriate connections for wastewater treatment. (c)  Use of Funds Each grant awarded pursuant to subsection (b) shall be used to provide assistance to one or more eligible communities with respect to which the residents are subject to a significant health risk (as determined by the Administrator or the head of the Federal agency making the grant) attributable to the lack of access to an adequate and affordable treatment works for wastewater. (d)  Cost Sharing The amount of a grant awarded pursuant to this section may not be less than 80 percent of the costs of carrying out the project that is the subject of the grant. (e)  Authorization of Appropriations There are authorized to be appropriated to carry out this section $100,000,000 for each of the fiscal years 2023 through 2027. Grants to Indian Tribes for Pollution Prevention, Control and Abatement Pub. L. 10565, title III Oct. 27, 1997 111 Stat. 1373 $745,000,000 for grants to States, federally recognized tribes, and air pollution control agencies for multi-media or single media pollution prevention, control and abatement and related activities pursuant to the provisions set forth under this heading in Public Law 104134 42 U.S.C. 7403 Pub. L. 10565, title III Oct. 27, 1997 111 Stat. 1374 That, hereafter from funds appropriated under this heading [ Environmental Protection Agency state and tribal assistance grants Provided further Similar provisions were contained in the following prior appropriation acts: Pub. L. 104204, title III Sept. 26, 1996 110 Stat. 2912 Pub. L. 104134, title I,  101(e) [title III] Apr. 26, 1996 110 Stat. 1321257 Pub. L. 104140,  1(a) May 2, 1996 110 Stat. 1327 Pub. L. 103327, title III Sept. 28, 1994 108 Stat. 2320 Pub. L. 103124, title III Oct. 28, 1993 107 Stat. 1293 Pub. L. 102389, title III Oct. 6, 1992 106 Stat. 1597 Pub. L. 102139, title III Oct. 28, 1991 105 Stat. 762 Pub. L. 101507, title III Nov. 5, 1990 104 Stat. 1372 Pub. L. 104134, title I,  101(e) [title III] Apr. 26, 1996 110 Stat. 1321257 Pub. L. 104140,  1(a) May 2, 1996 110 Stat. 1327 That beginning in fiscal year 1996 and each fiscal year thereafter, and notwithstanding any other provision of law, the Administrator is authorized to make grants annually from funds appropriated under this heading [ Environmental Protection Agency state and tribal assistance grants State Management of Construction Grant Activities Pub. L. 104134, title I,  101(e) [title III] Apr. 26, 1996 110 Stat. 1321257 Pub. L. 104140,  1(a) May 2, 1996 110 Stat. 1327 That of the funds appropriated in the Construction Grants and Water Infrastructure/State Revolving Funds accounts since the appropriation for the fiscal year ending September 30, 1992 Grants to Trust Territory of the Pacific Islands, American Samoa, Guam, Northern Mariana Islands, and Virgin Islands; Waiver of Collector Sewers Limitation Pub. L. 99396,  12(b) Aug. 27, 1986 100 Stat. 841 In awarding grants to the Trust Territory of the Pacific Islands, American Samoa, Guam, the Northern Mariana Islands and the Virgin Islands under section 201(g)(1) of the Clean Water Act ( 33 U.S.C. 1251 section 1681 of Title 48 Environmental Financing Authority Pub. L. 92500,  12 Oct. 18, 1972 86 Stat. 899 Pub. L. 97258,  4(b) Sept. 13, 1982 96 Stat. 1067  (a) [Short Title] This section may be cited as the Environmental Financing Act of 1972. (b) [Establishment] There is hereby created a body corporate to be known as the Environmental Financing Authority, which shall have succession until dissolved by Act of Congress. The Authority shall be subject to the general supervision and direction of the Secretary of the Treasury. The Authority shall be an instrumentality of the United States Government and shall maintain such offices as may be necessary or appropriate in the conduct of its business. (c) [Congressional Declaration of Purpose] The purpose of this section is to assure that inability to borrow necessary funds on reasonable terms does not prevent any State or local public body from carrying out any project for construction of waste treatment works determined eligible for assistance pursuant to subsection (e) of this section. (d) [Board of Directors] (1) The Authority shall have a Board of Directors consisting of five persons, one of whom shall be the Secretary of the Treasury or his designee as Chairman of the Board, and four of whom shall be appointed by the President from among the officers or employees of the Authority or of any department or agency of the United States Government. (2) The Board of Directors shall meet at the call of its Chairman. The Board shall determine the general policies which shall govern the operations of the Authority. The Chairman of the Board shall select and effect the appointment of qualified persons to fill the offices as may be provided for in the bylaws, with such executive functions, powers, and duties as may be prescribed by the bylaws or by the Board of Directors, and such persons shall be the executive officers of the Authority and shall discharge all such executive functions, powers, and duties. The members of the Board, as such, shall not receive compensation for their services. (e) [Purchase of State and Local Obligations] (1) Until July 1, 1975 (2) No commitment shall be entered into, and no purchase shall be made, unless the Administrator of the Environmental Protection Agency (A) has certified that the public body is unable to obtain on reasonable terms sufficient credit to finance its actual needs; (B) has approved the project as eligible under the Federal Water Pollution Control Act [this chapter], and (C) has agreed to guarantee timely payment of principal and interest on the obligation. The Administrator is authorized to guarantee such timely payments and to issue regulations as he deems necessary and proper to protect such guarantees. Appropriations are hereby authorized to be made to the Administrator in such sums as are necessary to make payments under such guarantees, and such payments are authorized to be made from such appropriations. (3) No purchase shall be made of obligations issued to finance projects, the permanent financing of which occurred prior to the enactment of this section [ Oct. 18, 1972 (4) Any purchase by the Authority shall be upon such terms and conditions as to yield a return at a rate determined by the Secretary of the Treasury taking into consideration (A) the current average yield on outstanding marketable obligations of the United States of comparable maturity or in its stead whenever the Authority has sufficient of its own long-term obligations outstanding, the current average yield on outstanding obligations of the Authority of comparable maturity; and (B) the market yields on municipal bonds. (5) The Authority is authorized to charge fees for its commitments and other services adequate to cover all expenses and to provide for the accumulation of reasonable contingency reserves and such fees shall be included in the aggregate project costs. (f) [Initial Capital] To provide initial capital to the Authority the Secretary of the Treasury is authorized to advance the funds necessary for this purpose. Each such advance shall be upon such terms and conditions as to yield a return at a rate not less than a rate determined by the Secretary of the Treasury taking into consideration the current average yield on outstanding marketable obligations of the United States of comparable maturities. Interest payments on such advances may be deferred, at the discretion of the Secretary, but any such deferred payments shall themselves bear interest at the rate specified in this section. There is authorized to be appropriated not to exceed $100,000,000, which shall be available for the purposes of this subsection. (g) [Issuance of Obligations] (1) The Authority is authorized, with the approval of the Secretary of the Treasury, to issue and have outstanding obligations having such maturities and bearing such rate or rates of interest as may be determined by the Authority. Such obligations may be redeemable at the option of the Authority before maturity in such manner as may be stipulated therein. (2) As authorized in appropriation Acts, and such authorizations may be without fiscal year limitations, the Secretary of the Treasury may in his discretion purchase or agree to purchase any obligations issued pursuant to paragraph (1) of this subsection, and for such purpose the Secretary of the Treasury is authorized to use as a public debt transaction the proceeds of the sale of any securities hereafter issued under chapter 31 of title 31, as now or hereafter in force, and the purposes for which securities may be issued under chapter 31 of title 31, as now or hereafter in force, are extended to include such purchases. Each purchase of obligations by the Secretary of the Treasury under this subsection shall be upon such terms and conditions as to yield a return at a rate not less than a rate determined by the Secretary of the Treasury, taking into consideration the current average yield on outstanding marketable obligations of the United States of comparable maturities. The Secretary of the Treasury may sell, upon such terms and conditions and at such price or prices as he shall determine, any of the obligations acquired by him under this paragraph. All purchases and sales by the Secretary of the Treasury of such obligations under this paragraph shall be treated as public debt transactions of the United States. (As amended Pub. L. 97258,  4(b) Sept. 13, 1982 96 Stat. 1067 (h) [Interest Differential] The Secretary of the Treasury is authorized and directed to make annual payments to the Authority in such amounts as are necessary to equal the amount by which the dollar amount of interest expense accrued by the Authority on account of its obligations exceeds the dollar amount of interest income accrued by the Authority on account of obligations purchased by it pursuant to subsection (e) of this section. (i) [Powers] The Authority shall have power (1) to sue and be sued, complain and defend, in its corporate name; (2) to adopt, alter, and use a corporate seal, which shall be judicially noticed; (3) to adopt, amend, and repeal bylaws, rules, and regulations as may be necessary for the conduct of its business; (4) to conduct its business, carry on its operations, and have offices and exercise the powers granted by this section in any State without regard to any qualification or similar statute in any State; (5) to lease, purchase, or otherwise acquire, own, hold, improve, use, or otherwise deal in and with any property, real, personal, or mixed, or any interest therein, wherever situated; (6) to accept gifts or donations of services, or of property, real, personal, or mixed, tangible or intangible, in aid of any of the purposes of the Authority; (7) to sell, convey, mortgage, pledge, lease, exchange, and otherwise dispose of its property and assets; (8) to appoint such officers, attorneys, employees, and agents as may be required, to define their duties, to fix and to pay such compensation for their services as may be determined, subject to the civil service and classification laws, to require bonds for them and pay the premium thereof; and (9) to enter into contracts, to execute instruments, to incur liabilities, and to do all things as are necessary or incidental to the proper management of its affairs and the proper conduct of its business. (j) [Tax Exemption, Exemptions] The Authority, its property, its franchise, capital, reserves, surplus, security holdings, and other funds, and its income shall be exempt from all taxation now or hereafter imposed by the United States or by any State or local taxing authority; except that (A) any real property and any tangible personal property of the Authority shall be subject to Federal, State, and local taxation to the same extent according to its value as other such property is taxed, and (B) any and all obligations issued by the Authority shall be subject both as to principal and interest to Federal, State, and local taxation to the same extent as the obligations of private corporations are taxed. (k) [Nature of Obligations] All obligations issued by the Authority shall be lawful investments, and may be accepted as security for all fiduciary, trust, and public funds, the investment or deposit of which shall be under authority or control of the United States or of any officer or officers thereof. All obligations issued by the Authority pursuant to this section shall be deemed to be exempt securities within the meaning of laws administered by the Securities and Exchange Commission, to the same extent as securities which are issued by the United States. (l) [Preparation of Obligations by Secretary of the Treasury] In order to furnish obligations for delivery by the Authority, the Secretary of the Treasury is authorized to prepare such obligations in such form as the Authority may approve, such obligations when prepared to be held in the Treasury subject to delivery upon order by the Authority. The engraved plates, dies, bed pieces, and so forth, executed in connection therewith, shall remain in the custody of the Secretary of the Treasury. The Authority shall reimburse the Secretary of the Treasury for any expenditures made in the preparation, custody, and delivery of such obligations. (m) [Annual Report to Congress] The Authority shall, as soon as practicable after the end of each fiscal year, transmit to the President and the Congress an annual report of its operations and activities. (n) [Subsec. (n) amended section 24 of Title 12 (o) [Financial Controls] The budget and audit provisions of chapter 91 of title 31 shall be applicable to the Environmental Financing Authority in the same manner as they are applied to the wholly owned Government corporations. (As amended Pub. L. 97258,  4(b) Sept. 13, 1982 96 Stat. 1067 (p) [Subsec. (p) amended section 711 of former Title 31, Money and Finance, and is not set out herein.]   1281a. Total treatment system funding Notwithstanding any other provision of law, in any case where the Administrator of the Environmental Protection Agency finds that the total of all grants made under section 201 of the Federal Water Pollution Control Act [ 33 U.S.C. 1281 33 U.S.C. 1251 (1) such sewage collection system was constructed as part of the same total treatment system as the treatment works for which such section 201 [ 33 U.S.C. 1281 (2) an application for assistance for the construction of such sewage collection system was filed in accordance with section 3102 of title 42 section 3102 of title 42 section 3102 of title 42 The total of all grants for sewage collection systems made under this section shall not exceed $2,800,000. ( Pub. L. 95217,  78 Dec. 27, 1977 91 Stat. 1611  Editorial Notes  References in Text That Act, meaning the Federal Water Pollution Control Act, referred to in text, is act June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 816 section 1251 of this title Section 3102 of title 42 section 5316 of Title 42 Jan. 1, 1975 Codification Section was enacted as part of the Clean Water Act of 1977, Pub. L. 95217  1281b. Availability of Farmers Home Administration funds for non-Federal share  Notwithstanding any other provision of law, Federal assistance made available by the Farmers Home Administration to any political subdivision of a State may be used to provide the non-Federal share of the cost of any construction project carried out under section 1281 of this title ( Pub. L. 1004, title II,  202(f) Feb. 4, 1987 101 Stat. 16  Editorial Notes Codification Section was enacted as part of the Water Quality Act of 1987, and not as part of the Federal Water Pollution Control Act which comprises this chapter.  1282. Federal share (a) Amount of grants for treatment works (1) The amount of any grant for treatment works made under this chapter from funds authorized for any fiscal year beginning after June 30, 1971 October 1, 1984 October 1, 1984 October 21, 1980 section 1285 of this title October 18, 1972 June 30, 1971 October 1, 1984 October 1, 1990 October 1, 1984 October 1, 1984 (2) The amount of any grant made after September 30, 1978 October 1, 1981 section 1281(g)(5) of this title September 30, 1981 section 1281(g)(5) of this title (3) In addition to any grant made pursuant to paragraph (2) of this subsection, the Administrator is authorized to make a grant to fund all of the costs of the modification or replacement of any facilities constructed with a grant made pursuant to paragraph (2) if the Administrator finds that such facilities have not met design performance specifications unless such failure is attributable to negligence on the part of any person and if such failure has significantly increased capital or operating and maintenance expenditures. In addition, the Administrator is authorized to make a grant to fund all of the costs of the modification or replacement of biodisc equipment (rotating biological contactors) in any publicly owned treatment works if the Administrator finds that such equipment has failed to meet design performance specifications, unless such failure is attributable to negligence on the part of any person, and if such failure has significantly increased capital or operating and maintenance expenditures. (4) For the purposes of this section, the term eligible treatment works means those treatment works in each State which meet the requirements of section 1281(g)(5) of this title (b) Amount of grants for construction of treatment works not commenced prior to July 1, 1971 The amount of the grant for any project approved by the Administrator after January 1, 1971 July 1, 1971 July 1, 1971 June 30, 1971 (1) a sewage collection system that is a part of the same total waste treatment system as the treatment works for which such grant was approved is under construction or is to be constructed for use in conjunction with such treatment works, and if the cost of such sewage collection system exceeds the cost of such treatment works, and (2) the State water pollution control agency or other appropriate State authority certifies that the quantity of available ground water will be insufficient, inadequate, or unsuitable for public use, including the ecological preservation and recreational use of surface water bodies, unless effluents from publicly-owned treatment works after adequate treatment are returned to the ground water consistent with acceptable technological standards. (c) Availability of sums allotted to Puerto Rico Notwithstanding any other provision of law, sums allotted to the Commonwealth of Puerto Rico under section 1285 of this title October 1, 1981 ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 834 Pub. L. 95217,  17 Dec. 27, 1977 91 Stat. 1571 Pub. L. 96483,  9 Oct. 21, 1980 94 Stat. 2362 Pub. L. 97117 Dec. 29, 1981 95 Stat. 1625 Pub. L. 97357, title V,  501 Oct. 19, 1982 96 Stat. 1712 Pub. L. 1004, title II,  202(a) Feb. 4, 1987 101 Stat. 15  Editorial Notes Amendments 1987Subsec. (a)(1). Pub. L. 1004,  202(a) October 1, 1990 Pub. L. 1004,  202(b) October 1, 1984 Pub. L. 1004,  202(c) October 1, 1984 Subsec. (a)(3). Pub. L. 1004,  202(d) 1982Subsec. (c). Pub. L. 97357 1981Subsec. (a)(1). Pub. L. 97117,  7 October 30, 1984 June 30, 1971 October 1, 1984 Oct. 1, 1984 Subsec. (a)(2). Pub. L. 97117,  8(a) Sept. 30, 1981 section 1281(g)(5) of this title Subsec. (a)(4). Pub. L. 97117,  8(b) September 30, 1979 September 30, 1980 September 30, 1981 1980Subsec. (a)(1). Pub. L. 96483,  9(a) Subsec. (a)(2). Pub. L. 96483,  9(b) 1977Subsec. (a). Pub. L. 95217 Statutory Notes and Related Subsidiaries Promulgation of Federal Shares Act July 9, 1956, ch. 518,  4 70 Stat. 507 July 9, 1956 act June 30, 1948, ch. 758 62 Stat. 1155 June 30, 1948  1283. Plans, specifications, estimates, and payments (a) Submission; contractual nature of approval by Administrator; agreement on eligible costs; single grant (1) Each applicant for a grant shall submit to the Administrator for his approval, plans, specifications, and estimates for each proposed project for the construction of treatment works for which a grant is applied for under section 1281(g)(1) of this title section 1285 of this title (2)  Agreement on eligible costs. (A)  Limitation on modifications Before taking final action on any plans, specifications, and estimates submitted under this subsection after the 60th day following February 4, 1987 (B)  Limitation on effect Eligibility determinations under this paragraph shall not preclude the Administrator from auditing a project pursuant to section 1361 of this title section 1342 of this title (3) In the case of a treatment works that has an estimated total cost of $8,000,000 or less (as determined by the Administrator), and the population of the applicant municipality is twenty-five thousand or less (according to the most recent United States census), upon completion of an approved facility plan, a single grant may be awarded for the combined Federal share of the cost of preparing construction plans and specifications, and the building and erection of the treatment works. (b) Periodic payments The Administrator shall, from time to time as the work progresses, make payments to the recipient of a grant for costs of construction incurred on a project. These payments shall at no time exceed the Federal share of the cost of construction incurred to the date of the voucher covering such payment plus the Federal share of the value of the materials which have been stockpiled in the vicinity of such construction in conformity to plans and specifications for the project. (c) Final payments After completion of a project and approval of the final voucher by the Administrator, he shall pay out of the appropriate sums the unpaid balance of the Federal share payable on account of such project. (d) Projects eligible Nothing in this chapter shall be construed to require, or to authorize the Administrator to require, that grants under this chapter for construction of treatment works be made only for projects which are operable units usable for sewage collection, transportation, storage, waste treatment, or for similar purposes without additional construction. (e) Technical and legal assistance in administration and enforcement of contracts; intervention in civil actions At the request of a grantee under this subchapter, the Administrator is authorized to provide technical and legal assistance in the administration and enforcement of any contract in connection with treatment works assisted under this subchapter, and to intervene in any civil action involving the enforcement of such a contract. (f) Design/build projects (1) Agreement Consistent with State law, an applicant who proposes to construct waste water treatment works may enter into an agreement with the Administrator under this subsection providing for the preparation of construction plans and specifications and the erection of such treatment works, in lieu of proceeding under the other provisions of this section. (2) Limitation on projects Agreements under this subsection shall be limited to projects under an approved facility plan which projects are (A) treatment works that have an estimated total cost of $8,000,000 or less; and (B) any of the following types of waste water treatment systems: aerated lagoons, trickling filters, stabilization ponds, land application systems, sand filters, and subsurface disposal systems. (3) Required terms An agreement entered into under this subsection shall (A) set forth an amount agreed to as the maximum Federal contribution to the project, based upon a competitively bid document of basic design data and applicable standard construction specifications and a determination of the federally eligible costs of the project at the applicable Federal share under section 1282 of this title (B) set forth dates for the start and completion of construction of the treatment works by the applicant and a schedule of payments of the Federal contribution to the project; (C) contain assurances by the applicant that (i) engineering and management assistance will be provided to manage the project; (ii) the proposed treatment works will be an operable unit and will meet all the requirements of this subchapter; and (iii) not later than 1 year after the date specified as the date of completion of construction of the treatment works, the treatment works will be operating so as to meet the requirements of any applicable permit for such treatment works under section 1342 of this title (D) require the applicant to obtain a bond from the contractor in an amount determined necessary by the Administrator to protect the Federal interest in the project; and (E) contain such other terms and conditions as are necessary to assure compliance with this subchapter (except as provided in paragraph (4) of this subsection). (4) Limitation on application Subsections (a), (b), and (c) of this section shall not apply to grants made pursuant to this subsection. (5) Reservation to assure compliance The Administrator shall reserve a portion of the grant to assure contract compliance until final project approval as defined by the Administrator. If the amount agreed to under paragraph (3)(A) exceeds the cost of designing and constructing the treatment works, the Administrator shall reallot the amount of the excess to the State in which such treatment works are located for the fiscal year in which such audit is completed. (6) Limitation on obligations The Administrator shall not obligate more than 20 percent of the amount allotted to a State for a fiscal year under section 1285 of this title (7) Allowance The Administrator shall determine an allowance for facilities planning for projects constructed under this subsection in accordance with section 1281( l (8) Limitation on Federal contributions In no event shall the Federal contribution for the cost of preparing construction plans and specifications and the building and erection of treatment works pursuant to this subsection exceed the amount agreed upon under paragraph (3). (9) Recovery action In any case in which the recipient of a grant made pursuant to this subsection does not comply with the terms of the agreement entered into under paragraph (3), the Administrator is authorized to take such action as may be necessary to recover the amount of the Federal contribution to the project. (10) Prevention of double benefits A recipient of a grant made pursuant to this subsection shall not be eligible for any other grants under this subchapter for the same project. ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 835 Pub. L. 93243,  2 Jan. 2, 1974 87 Stat. 1069 Pub. L. 95217 Dec. 27, 1977 91 Stat. 1571 Pub. L. 96483,  6 Oct. 21, 1980 94 Stat. 2362 Pub. L. 97117,  9 Dec. 29, 1981 95 Stat. 1626 Pub. L. 1004, title II Feb. 4, 1987 101 Stat. 16  Editorial Notes Amendments 1987Subsec. (a). Pub. L. 1004,  203 Subsec. (f). Pub. L. 1004,  204 1981Subsec. (a). Pub. L. 97117 1980Subsec. (a). Pub. L. 96483 1977Subsec. (a). Pub. L. 95217,  18 Subsec. (e). Pub. L. 95217,  19 1974Subsec. (d). Pub. L. 93243  1284. Limitations and conditions (a) Determinations by Administrator Before approving grants for any project for any treatment works under section 1281(g)(1) of this title (1) that any required areawide waste treatment management plan under section 1288 of this title (2) that (A) the State in which the project is to be located (i) is implementing any required plan under section 1313(e) of this title section 1315(b) of this title (3) that such works have been certified by the appropriate State water pollution control agency as entitled to priority over such other works in the State in accordance with any applicable State plan under section 1313(e) of this title section 1313(e)(3)(H) of this title section 1314(d)(3) of this title section 1283(a) of this title section 1314(d)(3) of this title 1 1 (4) that the applicant proposing to construct such works agrees to pay the non-Federal costs of such works and has made adequate provisions satisfactory to the Administrator for assuring proper and efficient operation, including the employment of trained management and operations personnel, and the maintenance of such works in accordance with a plan of operation approved by the State water pollution control agency or, as appropriate, the interstate agency, after construction thereof; (5) that the size and capacity of such works relate directly to the needs to be served by such works, including sufficient reserve capacity. The amount of reserve capacity provided shall be approved by the Administrator on the basis of a comparison of the cost of constructing such reserves as a part of the works to be funded and the anticipated cost of providing expanded capacity at a date when such capacity will be required, after taking into account, in accordance with regulations promulgated by the Administrator, efforts to reduce total flow of sewage and unnecessary water consumption. The amount of reserve capacity eligible for a grant under this subchapter shall be determined by the Administrator taking into account the projected population and associated commercial and industrial establishments within the jurisdiction of the applicant to be served by such treatment works as identified in an approved facilities plan, an areawide plan under section 1288 of this title section 1288 of this title October 1, 1984 October 1, 1990 (6) that no specification for bids in connection with such works shall be written in such a manner as to contain proprietary, exclusionary, or discriminatory requirements other than those based upon performance, unless such requirements are necessary to test or demonstrate a specific thing or to provide for necessary interchangeability of parts and equipment. When in the judgment of the grantee, it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a brand name or equal description may be used as a means to define the performance or other salient requirements of a procurement, and in doing so the grantee need not establish the existence of any source other than the brand or source so named. (b) Additional determinations; issuance of guidelines; approval by Administrator; system of charges (1) Notwithstanding any other provision of this subchapter, the Administrator shall not approve any grant for any treatment works under section 1281(g)(1) of this title March 1, 1973 December 27, 1977 (2) The Administrator shall, within one hundred and eighty days after October 18, 1972 (3) Approval by the Administrator of a grant to an interstate agency established by interstate compact for any treatment works shall satisfy any other requirement that such works be authorized by Act of Congress. (4) A system of charges which meets the requirement of clause (A) of paragraph (1) of this subsection may be based on something other than metering the sewage or water supply flow of residential recipients of waste treatment services, including ad valorem taxes. If the system of charges is based on something other than metering the Administrator shall require (A) the applicant to establish a system by which the necessary funds will be available for the proper operation and maintenance of the treatment works; and (B) the applicant to establish a procedure under which the residential user will be notified as to that portion of his total payment which will be allocated to the cost of the waste treatment services. (c) Applicability of reserve capacity restrictions to primary, secondary, or advanced waste treatment facilities or related interceptors The next to the last sentence of paragraph (5) of subsection (a) of this section shall not apply in any case where a primary, secondary, or advanced waste treatment facility or its related interceptors has received a grant for erection, building, acquisition, alteration, remodeling, improvement, or extension before October 1, 1984 December 29, 1981 (d) Engineering requirements; certification by owner and operator; contractual assurances, etc. (1) A grant for the construction of treatment works under this subchapter shall provide that the engineer or engineering firm supervising construction or providing architect engineering services during construction shall continue its relationship to the grant applicant for a period of one year after the completion of construction and initial operation of such treatment works. During such period such engineer or engineering firm shall supervise operation of the treatment works, train operating personnel, and prepare curricula and training material for operating personnel. Costs associated with the implementation of this paragraph shall be eligible for Federal assistance in accordance with this subchapter. (2) On the date one year after the completion of construction and initial operation of such treatment works, the owner and operator of such treatment works shall certify to the Administrator whether or not such treatment works meet the design specifications and effluent limitations contained in the grant agreement and permit pursuant to section 1342 of this title (3) Nothing in this section shall be construed to prohibit a grantee under this subchapter from requiring more assurances, guarantees, or indemnity or other contractual requirements from any party to a contract pertaining to a project assisted under this subchapter, than those provided under this subsection. ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 835 Pub. L. 95217 Dec. 27, 1977 91 Stat. 1572 Pub. L. 96483,  2(a) Oct. 21, 1980 94 Stat. 2360 Pub. L. 97117 Dec. 29, 1981 95 Stat. 1626 Pub. L. 1004, title II,  205(a) Feb. 4, 1987 101 Stat. 18  Editorial Notes Amendments 1987Subsec. (a)(1). Pub. L. 1004,  205(a) section 1288 of this title Subsec. (a)(2). Pub. L. 1004,  205(b) section 1313(e) of this title Subsec. (b)(1). Pub. L. 1004,  205(c) 1981Subsec. (a)(5). Pub. L. 97117,  10(a) Oct. 1, 1984 Oct. 1, 1990 Subsec. (a)(6). Pub. L. 97117,  11 Subsec. (c). Pub. L. 97117,  10(b) Subsec. (d). Pub. L. 97117,  12 1980Subsec. (b)(1). Pub. L. 96483,  2(a) Subsec. (b)(3) to (6). Pub. L. 96483,  2(b) 1977Subsec. (a)(3). Pub. L. 95217,  20 section 1313(e)(3)(H) of this title section 1314(d)(3) of this title section 1283(a) of this title section 1314(d)(3) of this title Subsec. (a)(5). Pub. L. 95217,  21 section 1288 of this title section 1288 of this title Subsec. (b)(1). Pub. L. 95217 Dec. 27, 1977 Subsec. (b)(3). Pub. L. 95217 Dec. 27, 1977 Subsec. (b)(5), (6). Pub. L. 95217 Statutory Notes and Related Subsidiaries Effective Date of 1987 Amendment Pub. L. 1004, title II,  205(d) Feb. 4, 1987 101 Stat. 18 This section [amending this section] shall take effect on the date of the enactment of this Act [ Feb. 4, 1987 Effective Date of 1980 Amendment Amendment by Pub. L. 96483 Dec. 27, 1977 section 2(g) of Pub. L. 96483 section 1281 of this title Elimination of Inapplicable Conditions or Requirements From Certain Grants Pub. L. 96483,  2(c) Oct. 21, 1980 94 Stat. 2361 The Administrator of the Environmental Protection Agency shall take such action as may be necessary to remove from any grant made under section 201(g)(1) of the Federal Water Pollution Control Act [ section 1281(g)(1) of this title March 1, 1973 Oct. 21, 1980 Section 2(c) of Pub. L. 96483 Dec. 27, 1977 section 2(g) of Pub. L. 96483 section 1281 of this title Cost Recovery; Suspension of Grant Requirements That Industrial Users Make Payments Pub. L. 95217,  75 Dec. 27, 1977 91 Stat. 1609 Pub. L. 96148,  1 Dec. 16, 1979 93 Stat. 1088 Pub. L. 96483,  2(f) Oct. 21, 1980 94 Stat. 2361 Dec. 27, 1977  1285. Allotment of grant funds (a) Funds for fiscal years during period June 30, 1972 September 30, 1977 Sums authorized to be appropriated pursuant to section 1287 of this title June 30, 1972 September 30, 1977 October 18, 1972 June 30, 1973 June 30, 1974 June 30, 1975 June 30, 1972 June 30, 1975 section 1375(b) of this title October 18, 1972 (b) Availability and use of funds allotted for fiscal years during period June 30, 1972 September 30, 1977 (1) Any sums allotted to a State under subsection (a) shall be available for obligation under section 1283 of this title (2) Any sums which have been obligated under section 1283 of this title (c) Funds for fiscal years during period October 1, 1977 September 30, 1981 (1) Sums authorized to be appropriated pursuant to section 1287 of this title October 1, 1977 September 30, 1981 December 27, 1977 September 30, 1978 September 30, 1979 September 30, 1980 September 30, 1981 (2) Sums authorized to be appropriated pursuant to section 1287 of this title December 29, 1981 September 30, 1982 September 30, 1983 September 30, 1984 September 30, 1985 September 30, 1986     States: Fiscal years 1983 through 1985 1  Alabama .011398 Alaska .006101 Arizona .006885 Arkansas .006668 California .072901 Colorado .008154 Connecticut .012487 Delaware .004965 District of Columbia .004965 Florida .034407 Georgia .017234 Hawaii .007895 Idaho .004965 Illinois .046101 Indiana .024566 Iowa .013796 Kansas .009201 Kentucky .012973 Louisiana .011205 Maine .007788 Maryland .024653 Massachusetts .034608 Michigan .043829 Minnesota .018735 Mississippi .009184 Missouri .028257 Montana .004965 Nebraska .005214 Nevada .004965 New Hampshire .010186 New Jersey .041654 New Mexico .004965 New York .113097 North Carolina .018396 North Dakota .004965 Ohio .057383 Oklahoma .008235 Oregon .011515 Pennsylvania .040377 Rhode Island .006750 South Carolina .010442 South Dakota .004965 Tennessee .014807 Texas .038726 Utah .005371 Vermont .004965 Virginia .020861 Washington .017726 West Virginia .015890 Wisconsin .027557 Wyoming .004965 Samoa .000915 Guam .000662 Northern Marianas .000425 Puerto Rico .013295 Pacific Trust Territories .001305 Virgin Islands .000531 United States totals .999996 1 (3)  Fiscal years 19871990 Sums authorized to be appropriated pursuant to section 1287 of this title February 4, 1987     States:   Alabama .011309 Alaska .006053 Arizona .006831 Arkansas .006616 California .072333 Colorado .008090 Connecticut .012390 Delaware .004965 District of Columbia .004965 Florida .034139 Georgia .017100 Hawaii .007833 Idaho .004965 Illinois .045741 Indiana .024374 Iowa .013688 Kansas .009129 Kentucky .012872 Louisiana .011118 Maine .007829 Maryland .024461 Massachusetts .034338 Michigan .043487 Minnesota .018589 Mississippi .009112 Missouri .028037 Montana .004965 Nebraska .005173 Nevada .004965 New Hampshire .010107 New Jersey .041329 New Mexico .004965 New York .111632 North Carolina .018253 North Dakota .004965 Ohio .056936 Oklahoma .008171 Oregon .011425 Pennsylvania .040062 Rhode Island .006791 South Carolina .010361 South Dakota .004965 Tennessee .014692 Texas .046226 Utah .005329 Vermont .004965 Virginia .020698 Washington .017588 West Virginia .015766 Wisconsin .027342 Wyoming .004965 American Samoa .000908 Guam .000657 Northern Marianas .000422 Puerto Rico .013191 Pacific Trust Territories .001295 Virgin Islands .000527 (d) Availability and use of funds; reallotment Sums allotted to the States for a fiscal year shall remain available for obligation for the fiscal year for which authorized and for the period of the next succeeding twelve months. The amount of any allotment not obligated by the end of such twenty-four-month period shall be immediately reallotted by the Administrator on the basis of the same ratio as applicable to sums allotted for the then current fiscal year, except that none of the funds reallotted by the Administrator for fiscal year 1978 and for fiscal years thereafter shall be allotted to any State which failed to obligate any of the funds being reallotted. Any sum made available to a State by reallotment under this subsection shall be in addition to any funds otherwise allotted to such State for grants under this subchapter during any fiscal year. (e) Minimum allotment; additional appropriations; ratio of amount available For the fiscal years 1978, 1979, 1980, 1981, 1982, 1983, 1984, 1985, 1986, 1987, 1988, 1989, and 1990, no State shall receive less than one-half of 1 per centum of the total allotment under subsection (c) of this section, except that in the case of Guam, Virgin Islands, American Samoa, and the Trust Territories not more than thirty-three one-hundredths of 1 per centum in the aggregate shall be allotted to all four of these jurisdictions. For the purpose of carrying out this subsection there are authorized to be appropriated, subject to such amounts as are provided in appropriation Acts, not to exceed $75,000,000 for each of fiscal years 1978, 1979, 1980, 1981, 1982, 1983, 1984, 1985, 1986, 1987, 1988, 1989, and 1990. If for any fiscal year the amount appropriated under authority of this subsection is less than the amount necessary to carry out this subsection, the amount each State receives under this subsection for such year shall bear the same ratio to the amount such State would have received under this subsection in such year if the amount necessary to carry it out had been appropriated as the amount appropriated for such year bears to the amount necessary to carry out this subsection for such year. (f) Omitted (g) Reservation of funds; State management assistance (1) The Administrator is authorized to reserve each fiscal year not to exceed 2 per centum of the amount authorized under section 1287 of this title October 1, 1977 October 1, 1981 October 1, 1994 2 2 (2) The Administrator is authorized to grant to any State from amounts reserved to such State under this subsection, the reasonable costs of administering any aspects of sections 1281, 1283, 1284, and 1292 of this title the responsibility for administration of which the Administrator has delegated to such State. The Administrator may increase such grant to take into account the reasonable costs of administering an approved program under section 1342 or 1344 of this title, administering a state-wide waste treatment management planning program under section 1288(b)(4) of this title (h) Alternate systems for small communities The Administrator shall set aside from funds authorized for each fiscal year beginning on or after October 1, 1978 (i) Set-aside for innovative and alternative projects Not less than 12 of 1 percent of funds allotted to a State for each of the fiscal years ending September 30, 1979 September 30, 1990 section 1282(a)(2) of this title September 30, 1979 September 30, 1980 September 30, 1981 section 1282(a)(2) of this title September 30, 1982 September 30, 1990 section 1282(a)(2) of this title (j) Water quality management plan; reservation of funds for nonpoint source management (1) The Administrator shall reserve each fiscal year not to exceed 1 per centum of the sums allotted and available for obligation to each State under this section for each fiscal year beginning on or after October 1, 1981 (2) Such sums shall be used by the Administrator to make grants to the States to carry out water quality management planning, including, but not limited to (A) identifying most cost effective and locally acceptable facility and non-point measures to meet and maintain water quality standards; (B) developing an implementation plan to obtain State and local financial and regulatory commitments to implement measures developed under subparagraph (A); (C) determining the nature, extent, and causes of water quality problems in various areas of the State and interstate region, and reporting on these annually; and (D) determining those publicly owned treatment works which should be constructed with assistance under this subchapter, in which areas and in what sequence, taking into account the relative degree of effluent reduction attained, the relative contributions to water quality of other point or nonpoint sources, and the consideration of alternatives to such construction, and implementing section 1313(e) of this title (3) In carrying out planning with grants made under paragraph (2) of this subsection, a State shall develop jointly with local, regional, and interstate entities, a plan for carrying out the program and give funding priority to such entities and designated or undesignated public comprehensive planning organizations to carry out the purposes of this subsection. In giving such priority, the State shall allocate at least 40 percent of the amount granted to such State for a fiscal year under paragraph (2) of this subsection to regional public comprehensive planning organizations in such State and appropriate interstate organizations for the development and implementation of the plan described in this paragraph. In any fiscal year for which the Governor, in consultation with such organizations and with the approval of the Administrator, determines that allocation of at least 40 percent of such amount to such organizations will not result in significant participation by such organizations in water quality management planning and not significantly assist in development and implementation of the plan described in this paragraph and achieving the goals of this chapter, the allocation to such organization may be less than 40 percent of such amount. (4) All activities undertaken under this subsection shall be in coordination with other related provisions of this chapter. (5)  Nonpoint source reservation In addition to the sums reserved under paragraph (1), the Administrator shall reserve each fiscal year for each State 1 percent of the sums allotted and available for obligation to such State under this section for each fiscal year beginning on or after October 1, 1986 section 1329 of this title (k) New York City Convention Center The Administrator shall allot to the State of New York from sums authorized to be appropriated for the fiscal year ending September 30, 1982 (l) Marine estuary reservation (1) Reservation of funds (A) General rule Prior to making allotments among the States under subsection (c) of this section, the Administrator shall reserve funds from sums appropriated pursuant to section 1287 of this title September 30, 1986 (B) Fiscal years 1987 and 1988 For each of fiscal years 1987 and 1988 the reservation shall be 1 percent of the sums appropriated pursuant to section 1287 of this title (C) Fiscal years 1989 and 1990 For each of fiscal years 1989 and 1990 the reservation shall be 112 percent of the funds appropriated pursuant to section 1287 of this title (2) Use of funds Of the sums reserved under this subsection, two-thirds shall be available to address water quality problems of marine bays and estuaries subject to lower levels of water quality due to the impacts of discharges from combined storm water and sanitary sewer overflows from adjacent urban complexes, and one-third shall be available for the implementation of section 1330 of this title (3) Period of availability Sums reserved under this subsection shall be subject to the period of availability for obligation established by subsection (d) of this section. (4) Treatment of certain body of water For purposes of this section and section 1281(n) of this title (m) Discretionary deposits into State water pollution control revolving funds (1) From construction grant allotments In addition to any amounts deposited in a water pollution control revolving fund established by a State under subchapter VI, upon request of the Governor of such State, the Administrator shall make available to the State for deposit, as capitalization grants, in such fund in any fiscal year beginning after September 30, 1986 (2) Notice requirement The Governor of a State may make a request under paragraph (1) for a deposit into the water pollution control revolving fund of such State (A) in fiscal year 1987 only if no later than 90 days after February 4, 1987 (B) in each fiscal year thereafter only if 90 days before the first day of such fiscal year, the State provides notice of its intent to make such deposit. (3) Exception Sums reserved under section 1285(j) of this title ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 837 Pub. L. 93243,  1 Jan. 2, 1974 87 Stat. 1069 Pub. L. 95217 Dec. 27, 1977 91 Stat. 1574 Pub. L. 96483,  11 Oct. 21, 1980 94 Stat. 2363 Pub. L. 97117 Dec. 29, 1981 95 Stat. 1625 Pub. L. 1004, title II Feb. 4, 1987 101 Stat. 1921 Pub. L. 105362, title V,  501(d)(2)(C) Nov. 10, 1998 112 Stat. 3284 Pub. L. 107303, title III,  302(b)(1) Nov. 27, 2002 116 Stat. 2361  Editorial Notes Codification Subsec. (f) provided that sums made available for obligation between Jan. 1, 1975 Mar. 1, 1975 Sept. 30, 1978 Amendments 2002Subsec. (a). Pub. L. 107303 Pub. L. 105362,  501(d)(2)(C) 1998Subsec. (a). Pub. L. 105362,  501(d)(2)(C) section 1375 of this title section 1375(b) of this title Pub. L. 107303 1987Subsec. (c)(2). Pub. L. 1004,  206(a)(1) September 30, 1985 September 30, 1986 September 30, 1985 Subsec. (c)(3). Pub. L. 1004,  206(a)(2) Subsec. (e). Pub. L. 1004,  206(b) Subsec. (g)(1). Pub. L. 1004,  206(c) October 1, 1994 October 1, 1985 Subsec. (h). Pub. L. 1004,  207 Subsec. (i). Pub. L. 1004,  208 September 30, 1979 September 30, 1980 September 30, 1981 September 30, 1982 September 30, 1983 September 30, 1984 September 30, 1985 section 1282(a)(2) of this title September 30, 1979 September 30, 1980 September 30, 1981 section 1282(a)(2) of this title September 30, 1981 section 1282(a)(2) of this title Subsec. (j)(3). Pub. L. 1004,  209 Subsec. (j)(5). Pub. L. 1004,  316(d) Subsec. ( l Pub. L. 1004,  210 l Subsec. (m). Pub. L. 1004,  212(b) 1981Subsec. (c). Pub. L. 97117,  13(a) Subsec. (e). Pub. L. 97117,  13(b) Subsec. (g)(1). Pub. L. 97117,  14 October 1, 1981 October 1, 1985 October 1, 1977 Subsec. (i). Pub. L. 97117,  8(c) September 30, 1981 September 30, 1982 September 30, 1983 September 30, 1984 September 30, 1985 September 30, 1981 Sept. 30, 1981 section 1282(a)(2) of this title Subsecs. (j), (k). Pub. L. 97117 1980Subsec. (g)(1). Pub. L. 96483 section 1287 of this title 1977Subsec. (a). Pub. L. 95217,  25(a) June 30, 1972 September 30, 1977 June 30, 1972 Subsecs. (c) to (f). Pub. L. 95217,  25(b) Subsecs. (g) to (i). Pub. L. 95217 1974Subsec. (a). Pub. L. 93243 June 30, 1975 June 30, 1972 June 30, 1975 June 30, 1974 Statutory Notes and Related Subsidiaries  Change of Name Committee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 10414 section 21 of Title 2 Effective Date of 2002 Amendment Amendment by Pub. L. 107303 Nov. 10, 1998 33 U.S.C. 1251 Nov. 27, 2002 Pub. L. 105362 section 302(b) of Pub. L. 107303 section 1254 of this title Availability of Allotted Sums in Subsequent Years; Reallotment of Unobligated Sums Pub. L. 96483,  7 Oct. 21, 1980 94 Stat. 2362 Notwithstanding section 205(d) of the Federal Water Pollution Control Act ( 33 U.S.C. 1285 September 30, 1980 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  1286. Reimbursement and advanced construction (a) Publicly owned treatment works construction initiated after June 30, 1966 July 1, 1973 Any publicly owned treatment works in a State on which construction was initiated after June 30, 1966 July 1, 1973 section 1158 of this title section 1158 of this title section 1158(f) of this title October 18, 1972 (b) Publicly owned treatment works construction initiated between June 30, 1956 June 30, 1966 Any publicly owned treatment works constructed with or eligible for Federal financial assistance under this Act in a State between June 30, 1956 June 30, 1966 section 1158 of this title October 18, 1972 section 1158 of this title (c) Application for reimbursement No publicly owned treatment works shall receive any payment or reimbursement under subsection (a) or (b) of this section unless an application for such assistance is filed with the Administrator within the one year period which begins on October 18, 1972 (d) Allocation of funds The Administrator shall allocate to each qualified project under subsection (a) of this section each fiscal year for which funds are appropriated under subsection (e) of this section an amount which bears the same ratio to the unpaid balance of the reimbursement due such project as the total of such funds for such year bears to the total unpaid balance of reimbursement due all such approved projects on the date of enactment of such appropriation. The Administrator shall allocate to each qualified project under subsection (b) of this section each fiscal year for which funds are appropriated under subsection (e) of this section an amount which bears the same ratio to the unpaid balance of the reimbursement due such project as the total of such funds for such year bears to the total unpaid balance of reimbursement due all such approved projects on the date of enactment of such appropriation. (e) Authorization of appropriations There is authorized to be appropriated to carry out subsection (a) of this section not to exceed $2,600,000,000 and, to carry out subsection (b) of this section, not to exceed $750,000,000. The authorizations contained in this subsection shall be the sole source of funds for reimbursements authorized by this section. (f) Additional funds (1) In any case where a substantial portion of the funds allotted to a State for the current fiscal year under this subchapter have been obligated under section 1281(g) of this title (A) to the extent that such payment would exceed such States allotment of the amount appropriated for such fiscal year; and (B) unless such payment is for a project which, on the basis of an approved funding priority list of such State, is eligible to receive such payment based on the allotment and appropriation for such fiscal year. To the extent that sufficient funds are not appropriated to pay the full Federal share with respect to a project for which obligations under the provisions of this subsection have been made, the Administrator shall reduce the Federal share to such amount less than 75 per centum as such appropriations do provide. (2) In determining the allotment for any fiscal year under this subchapter, any treatment works project constructed in accordance with this section and without the aid of Federal funds shall not be considered completed until an application under the provisions of this subsection with respect to such project has been approved by the Administrator, or the availability of funds from which this project is eligible for reimbursement has expired, whichever first occurs. ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 838 Pub. L. 93207,  1(2) Dec. 28, 1973 87 Stat. 906 Pub. L. 95217,  29(a) Dec. 27, 1977 91 Stat. 1576 Pub. L. 96483,  5 Oct. 21, 1980 94 Stat. 2361  Editorial Notes  References in Text Section 1158 of this title act June 30, 1948, ch. 758 62 Stat. 1158 June 30, 1948 Oct. 18, 1972 Pub. L. 92500 86 Stat. 816 section 1158 of this title This Act, referred to in subsec. (b), means act June 30, 1948, ch. 758 62 Stat. 1155 June 30, 1948 Oct. 18, 1972 Pub. L. 92500 86 Stat. 816 Act June 30, 1948, ch. 758 Oct. 18, 1972 Pub. L. 92500 86 Stat. 816 Amendments 1980Subsec. (f)(1). Pub. L. 96483 section 1281(g) of this title section 1283 of this title 1977Subsec. (a). Pub. L. 95217 July 1, 1973 July 1, 1972 1973Subsec. (e). Pub. L. 93207 Statutory Notes and Related Subsidiaries Application for Assistance for Publicly Owned Treatment Works Where Grants Were Made Before July 2, 1972 July 1, 1973 Pub. L. 95217,  29(b) Dec. 27, 1977 91 Stat. 1576 July 1, 1972 July 1, 1973 Dec. 27, 1977 Application for Assistance Pub. L. 93207,  2 Dec. 28, 1973 87 Stat. 906 Jan. 31, 1974 Allocation of Construction Grants Appropriated for the Year Ending June 30, 1973 Pub. L. 93207,  3 Dec. 28, 1973 87 Stat. 906 Funds available for reimbursement under Public Law 92399 June 30, 1973 86 Stat. 838 Public Law 92399 January 31, 1974  1287. Authorization of appropriations  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 June 30, 1974 June 30, 1975 September 30, 1977 September 30, 1978 September 30, 1979 September 30, 1980 September 30, 1981 September 30, 1982 September 30, 1983 September 30, 1984 September 30, 1985 September 30, 1986 September 30, 1987 September 30, 1988 September 30, 1989 September 30, 1990 ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 839 Pub. L. 93207,  1(3) Dec. 28, 1973 87 Stat. 906 Pub. L. 95217,  30 Dec. 27, 1977 91 Stat. 1576 Pub. L. 9735, title XVIII,  1801(a) Aug. 13, 1981 95 Stat. 764 Pub. L. 97117,  17 Dec. 29, 1981 95 Stat. 1630 Pub. L. 1004, title II,  211 Feb. 4, 1987 101 Stat. 21  Editorial Notes Amendments 1987 Pub. L. 1004 September 30, 1986 September 30, 1987 September 30, 1988 September 30, 1989 September 30, 1990 1981 Pub. L. 97117 September 30, 1982 September 30, 1983 September 30, 1984 September 30, 1985 September 30, 1982 Pub. L. 9735 Sept. 30, 1981 Sept. 30, 1982 Sept. 30, 1981 1977 Pub. L. 95217 September 30, 1977 September 30, 1978 September 30, 1979 September 30, 1980 September 30, 1981 September 30, 1982 1973 Pub. L. 93207 section 1286(e) of this title Statutory Notes and Related Subsidiaries Additional Authorization of Appropriations Pub. L. 94369, title III,  301 July 22, 1976 90 Stat. 1011 Sept. 30, 1977  1288. Areawide waste treatment management (a) Identification and designation of areas having substantial water quality control problems For the purpose of encouraging and facilitating the development and implementation of areawide waste treatment management plans (1) The Administrator, within ninety days after October 18, 1972 (2) The Governor of each State, within sixty days after publication of the guidelines issued pursuant to paragraph (1) of this subsection, shall identify each area within the State which, as a result of urban-industrial concentrations or other factors, has substantial water quality control problems. Not later than one hundred and twenty days following such identification and after consultation with appropriate elected and other officials of local governments having jurisdiction in such areas, the Governor shall designate (A) the boundaries of each such area, and (B) a single representative organization, including elected officials from local governments or their designees, capable of developing effective areawide waste treatment management plans for such area. The Governor may in the same manner at any later time identify any additional area (or modify an existing area) for which he determines areawide waste treatment management to be appropriate, designate the boundaries of such area, and designate an organization capable of developing effective areawide waste treatment management plans for such area. (3) With respect to any area which, pursuant to the guidelines published under paragraph (1) of this subsection, is located in two or more States, the Governors of the respective States shall consult and cooperate in carrying out the provisions of paragraph (2), with a view toward designating the boundaries of the interstate area having common water quality control problems and for which areawide waste treatment management plans would be most effective, and toward designating, within one hundred and eighty days after publication of guidelines issued pursuant to paragraph (1) of this subsection, of a single representative organization capable of developing effective areawide waste treatment management plans for such area. (4) If a Governor does not act, either by designating or determining not to make a designation under paragraph (2) of this subsection, within the time required by such paragraph, or if, in the case of an interstate area, the Governors of the States involved do not designate a planning organization within the time required by paragraph (3) of this subsection, the chief elected officials of local governments within an area may by agreement designate (A) the boundaries for such an area, and (B) a single representative organization including elected officials from such local governments, or their designees, capable of developing an areawide waste treatment management plan for such area. (5) Existing regional agencies may be designated under paragraphs (2), (3), and (4) of this subsection. (6) The State shall act as a planning agency for all portions of such State which are not designated under paragraphs (2), (3), or (4) of this subsection. (7) Designations under this subsection shall be subject to the approval of the Administrator. (b) Planning process (1) (A) Not later than one year after the date of designation of any organization under subsection (a) of this section such organization shall have in operation a continuing areawide waste treatment management planning process consistent with section 1281 of this title (B) For any agency designated after 1975 under subsection (a) of this section and for all portions of a State for which the State is required to act as the planning agency in accordance with subsection (a)(6), the initial plan prepared in accordance with such process shall be certified by the Governor and submitted to the Administrator not later than three years after the receipt of the initial grant award authorized under subsection (f) of this section. (2) Any plan prepared under such process shall include, but not be limited to (A) the identification of treatment works necessary to meet the anticipated municipal and industrial waste treatment needs of the area over a twenty-year period, annually updated (including an analysis of alternative waste treatment systems), including any requirements for the acquisition of land for treatment purposes; the necessary waste water collection and urban storm water runoff systems; and a program to provide the necessary financial arrangements for the development of such treatment works, and an identification of open space and recreation opportunities that can be expected to result from improved water quality, including consideration of potential use of lands associated with treatment works and increased access to water-based recreation; (B) the establishment of construction priorities for such treatment works and time schedules for the initiation and completion of all treatment works; (C) the establishment of a regulatory program to (i) implement the waste treatment management requirements of section 1281(c) of this title (ii) regulate the location, modification, and construction of any facilities within such area which may result in any discharge in such area, and (iii) assure that any industrial or commercial wastes discharged into any treatment works in such area meet applicable pretreatment requirements; (D) the identification of those agencies necessary to construct, operate, and maintain all facilities required by the plan and otherwise to carry out the plan; (E) the identification of the measures necessary to carry out the plan (including financing), the period of time necessary to carry out the plan, the costs of carrying out the plan within such time, and the economic, social, and environmental impact of carrying out the plan within such time; (F) a process to (i) identify, if appropriate, agriculturally and silviculturally related nonpoint sources of pollution, including return flows from irrigated agriculture, and their cumulative effects, runoff from manure disposal areas, and from land used for livestock and crop production, and (ii) set forth procedures and methods (including land use requirements) to control to the extent feasible such sources; (G) a process to (i) identify, if appropriate, mine-related sources of pollution including new, current, and abandoned surface and underground mine runoff, and (ii) set forth procedures and methods (including land use requirements) to control to the extent feasible such sources; (H) a process to (i) identify construction activity related sources of pollution, and (ii) set forth procedures and methods (including land use requirements) to control to the extent feasible such sources; (I) a process to (i) identify, if appropriate, salt water intrusion into rivers, lakes, and estuaries resulting from reduction of fresh water flow from any cause, including irrigation, obstruction, ground water extraction, and diversion, and (ii) set forth procedures and methods to control such intrusion to the extent feasible where such procedures and methods are otherwise a part of the waste treatment management plan; (J) a process to control the disposition of all residual waste generated in such area which could affect water quality; and (K) a process to control the disposal of pollutants on land or in subsurface excavations within such area to protect ground and surface water quality. (3) Areawide waste treatment management plans shall be certified annually by the Governor or his designee (or Governors or their designees, where more than one State is involved) as being consistent with applicable basin plans and such areawide waste treatment management plans shall be submitted to the Administrator for his approval. (4) (A) Whenever the Governor of any State determines (and notifies the Administrator) that consistency with a statewide regulatory program under section 1313 of this title (B) Any program submitted under subparagraph (A) of this paragraph which, in whole or in part, is to control the discharge or other placement of dredged or fill material into the navigable waters shall include the following: (i) A consultation process which includes the State agency with primary jurisdiction over fish and wildlife resources. (ii) A process to identify and manage the discharge or other placement of dredged or fill material which adversely affects navigable waters, which shall complement and be coordinated with a State program under section 1344 of this title (iii) A process to assure that any activity conducted pursuant to a best management practice will comply with the guidelines established under section 1344(b)(1) of this title (iv) A process to assure that any activity conducted pursuant to a best management practice can be terminated or modified for cause including, but not limited to, the following: (I) violation of any condition of the best management practice; (II) change in any activity that requires either a temporary or permanent reduction or elimination of the discharge pursuant to the best management practice. (v) A process to assure continued coordination with Federal and Federal-State water-related planning and reviewing processes, including the National Wetlands Inventory. (C) If the Governor of a State obtains approval from the Administrator of a statewide regulatory program which meets the requirements of subparagraph (B) of this paragraph and if such State is administering a permit program under section 1344 of this title (D) (i) Whenever the Administrator determines after public hearing that a State is not administering a program approved under this section in accordance with the requirements of this section, the Administrator shall so notify the State, and if appropriate corrective action is not taken within a reasonable time, not to exceed ninety days, the Administrator shall withdraw approval of such program. The Administrator shall not withdraw approval of any such program unless he shall first have notified the State, and made public, in writing, the reasons for such withdrawal. (ii) In the case of a State with a program submitted and approved under this paragraph, the Administrator shall withdraw approval of such program under this subparagraph only for a substantial failure of the State to administer its program in accordance with the requirements of this paragraph. (c) Regional operating agencies (1) The Governor of each State, in consultation with the planning agency designated under subsection (a) of this section, at the time a plan is submitted to the Administrator, shall designate one or more waste treatment management agencies (which may be an existing or newly created local, regional, or State agency or political subdivision) for each area designated under subsection (a) of this section and submit such designations to the Administrator. (2) The Administrator shall accept any such designation, unless, within 120 days of such designation, he finds that the designated management agency (or agencies) does not have adequate authority (A) to carry out appropriate portions of an areawide waste treatment management plan developed under subsection (b) of this section; (B) to manage effectively waste treatment works and related facilities serving such area in conformance with any plan required by subsection (b) of this section; (C) directly or by contract, to design and construct new works, and to operate and maintain new and existing works as required by any plan developed pursuant to subsection (b) of this section; (D) to accept and utilize grants, or other funds from any source, for waste treatment management purposes; (E) to raise revenues, including the assessment of waste treatment charges; (F) to incur short- and long-term indebtedness; (G) to assure in implementation of an areawide waste treatment management plan that each participating community pays its proportionate share of treatment costs; (H) to refuse to receive any wastes from any municipality or subdivision thereof, which does not comply with any provisions of an approved plan under this section applicable to such area; and (I) to accept for treatment industrial wastes. (d) Conformity of works with area plan After a waste treatment management agency having the authority required by subsection (c) has been designated under such subsection for an area and a plan for such area has been approved under subsection (b) of this section, the Administrator shall not make any grant for construction of a publicly owned treatment works under section 1281(g)(1) of this title (e) Permits not to conflict with approved plans No permit under section 1342 of this title (f) Grants (1) The Administrator shall make grants to any agency designated under subsection (a) of this section for payment of the reasonable costs of developing and operating a continuing areawide waste treatment management planning process under subsection (b) of this section. (2) For the two-year period beginning on the date the first grant is made under paragraph (1) of this subsection to an agency, if such first grant is made before October 1, 1977 (3) Each applicant for a grant under this subsection shall submit to the Administrator for his approval each proposal for which a grant is applied for under this subsection. The Administrator shall act upon such proposal as soon as practicable after it has been submitted, and his approval of that proposal shall be deemed a contractual obligation of the United States for the payment of its contribution to such proposal, subject to such amounts as are provided in appropriation Acts. There is authorized to be appropriated to carry out this subsection not to exceed $50,000,000 for the fiscal year ending June 30, 1973 June 30, 1974 June 30, 1975 September 30, 1977 September 30, 1978 September 30, 1979 September 30, 1980 September 30, 1981 September 30, 1982 (g) Technical assistance by Administrator The Administrator is authorized, upon request of the Governor or the designated planning agency, and without reimbursement, to consult with, and provide technical assistance to, any agency designated under subsection (a) of this section in the development of areawide waste treatment management plans under subsection (b) of this section. (h) Technical assistance by Secretary of the Army (1) The Secretary of the Army, acting through the Chief of Engineers, in cooperation with the Administrator is authorized and directed, upon request of the Governor or the designated planning organization, to consult with, and provide technical assistance to, any agency designed 1 1 (2) There is authorized to be appropriated to the Secretary of the Army, to carry out this subsection, not to exceed $50,000,000 per fiscal year for the fiscal years ending June 30, 1973 June 30, 1974 (i) State best management practices program (1) The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall, upon request of the Governor of a State, and without reimbursement, provide technical assistance to such State in developing a statewide program for submission to the Administrator under subsection (b)(4)(B) of this section and in implementing such program after its approval. (2) There is authorized to be appropriated to the Secretary of the Interior $6,000,000 to complete the National Wetlands Inventory of the United States, by December 31, 1981 (j) Agricultural cost sharing (1) The Secretary of Agriculture, with the concurrence of the Administrator, and acting through the Soil Conservation Service and such other agencies of the Department of Agriculture as the Secretary may designate, is authorized and directed to establish and administer a program to enter into contracts, subject to such amounts as are provided in advance by appropriation acts, of not less than five years nor more than ten years with owners and operators having control of rural land for the purpose of installing and maintaining measures incorporating best management practices to control nonpoint source pollution for improved water quality in those States or areas for which the Administrator has approved a plan under subsection (b) of this section where the practices to which the contracts apply are certified by the management agency designated under subsection (c)(1) of this section to be consistent with such plans and will result in improved water quality. Such contracts may be entered into during the period ending not later than September 31, 1988 (i) to effectuate a plan approved by a soil conservation district, where one exists, under this section for his farm, ranch, or other land substantially in accordance with the schedule outlined therein unless any requirement thereof is waived or modified by the Secretary; (ii) to forfeit all rights to further payments or grants under the contract and refund to the United States all payments and grants received thereunder, with interest, upon his violation of the contract at any stage during the time he has control of the land if the Secretary, after considering the recommendations of the soil conservation district, where one exists, and the Administrator, determines that such violation is of such a nature as to warrant termination of the contract, or to make refunds or accept such payment adjustments as the Secretary may deem appropriate if he determines that the violation by the owner or operator does not warrant termination of the contract; (iii) upon transfer of his right and interest in the farm, ranch, or other land during the contract period to forfeit all rights to further payments or grants under the contract and refund to the United States all payments or grants received thereunder, with interest, unless the transferee of any such land agrees with the Secretary to assume all obligations of the contract; (iv) not to adopt any practice specified by the Secretary on the advice of the Administrator in the contract as a practice which would tend to defeat the purposes of the contract; (v) to such additional provisions as the Secretary determines are desirable and includes in the contract to effectuate the purposes of the program or to facilitate the practical administration of the program. (2) In return for such agreement by the landowner or operator the Secretary shall agree to provide technical assistance and share the cost of carrying out those conservation practices and measures set forth in the contract for which he determines that cost sharing is appropriate and in the public interest and which are approved for cost sharing by the agency designated to implement the plan developed under subsection (b) of this section. The portion of such cost (including labor) to be shared shall be that part which the Secretary determines is necessary and appropriate to effectuate the installation of the water quality management practices and measures under the contract, but not to exceed 50 per centum of the total cost of the measures set forth in the contract; except the Secretary may increase the matching cost share where he determines that (1) the main benefits to be derived from the measures are related to improving offsite water quality, and (2) the matching share requirement would place a burden on the landowner which would probably prevent him from participating in the program. (3) The Secretary may terminate any contract with a landowner or operator by mutual agreement with the owner or operator if the Secretary determines that such termination would be in the public interest, and may agree to such modification of contracts previously entered into as he may determine to be desirable to carry out the purposes of the program or facilitate the practical administration thereof or to accomplish equitable treatment with respect to other conservation, land use, or water quality programs. (4) In providing assistance under this subsection the Secretary will give priority to those areas and sources that have the most significant effect upon water quality. Additional investigations or plans may be made, where necessary, to supplement approved water quality management plans, in order to determine priorities. (5) The Secretary shall, where practicable, enter into agreements with soil conservation districts, State soil and water conservation agencies, or State water quality agencies to administer all or part of the program established in this subsection under regulations developed by the Secretary. Such agreements shall provide for the submission of such reports as the Secretary deems necessary, and for payment by the United States of such portion of the costs incurred in the administration of the program as the Secretary may deem appropriate. (6) The contracts under this subsection shall be entered into only in areas where the management agency designated under subsection (c)(1) of this section assures an adequate level of participation by owners and operators having control of rural land in such areas. Within such areas the local soil conservation district, where one exists, together with the Secretary of Agriculture, will determine the priority of assistance among individual land owners and operators to assure that the most critical water quality problems are addressed. (7) The Secretary, in consultation with the Administrator and subject to section 1314(k) of this title September 30, 1978 (8) This program shall not be used to authorize or finance projects that would otherwise be eligible for assistance under the terms of Public Law 83566 16 U.S.C. 1001 (9) There are hereby authorized to be appropriated to the Secretary of Agriculture $200,000,000 for fiscal year 1979, $400,000,000 for fiscal year 1980, $100,000,000 for fiscal year 1981, $100,000,000 for fiscal year 1982, and such sums as may be necessary for fiscal years 1983 through 1990, to carry out this subsection. The program authorized under this subsection shall be in addition to, and not in substitution of, other programs in such area authorized by this or any other public law. ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 839 Pub. L. 95217 Dec. 27, 1977 91 Stat. 1566 Pub. L. 96483,  1(d) Oct. 21, 1980 94 Stat. 2360 Pub. L. 1004, title I,  101(d) Feb. 4, 1987 101 Stat. 9  Editorial Notes  References in Text Public Law 83566 act Aug. 4, 1954, ch. 656 68 Stat. 666 section 1001 of Title 16 Amendments 1987Subsec. (f)(3). Pub. L. 1004,  101(d) Subsec. (j)(9). Pub. L. 1004,  101(e) 1980Subsec. (f)(3). Pub. L. 96483,  1(d) Sept. 30, 1981 Subsec. (j)(9). Pub. L. 96483,  1(e) 1977Subsec. (b)(1). Pub. L. 95217,  31(a) Subsec. (b)(2)(A). Pub. L. 95217,  32 Subsec. (b)(2)(F). Pub. L. 95217,  33(a) Subsec. (b)(4). Pub. L. 95217,  34(a) Subsec. (f)(2). Pub. L. 95217,  31(b) October 1, 1977 June 30, 1973 June 30, 1974 June 30, 1975 Subsec. (f)(3). Pub. L. 95217 June 30, 1975 September 30, 1977 September 30, 1978 September 30, 1979 September 30, 1980 June 30, 1975 Subsec. (i). Pub. L. 95217,  34(b) Subsec. (j). Pub. L. 95217,  35 Executive Documents  Transfer of Functions Enforcement functions of Secretary or other official in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of that Department, relating to compliance with this chapter with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas were transferred to the Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, until the first anniversary of the date of initial operation of the Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979,  102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373 July 1, 1979 section 3012(b) of Pub. L. 102486 section 719e of Title 15 section 720d(f) of Title 15  1289. Basin planning (a) Preparation of Level B plans The President, acting through the Water Resources Council, shall, as soon as practicable, prepare a Level B plan under the Water Resources Planning Act [ 42 U.S.C. 1962 January 1, 1980 section 1288 of this title (b) Reporting requirements The President, acting through the Water Resources Council, shall report annually to Congress on progress being made in carrying out this section. The first such report shall be submitted not later than January 31, 1973 (c) Authorization of appropriations There is authorized to be appropriated to carry out this section not to exceed $200,000,000. ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 843  Editorial Notes  References in Text The Water Resources Planning Act, referred to in subsec. (a), is Pub. L. 8980 July 22, 1965 79 Stat. 244 section 1962 of Title 42  1290. Annual survey  The Administrator shall annually make a survey to determine the efficiency of the operation and maintenance of treatment works constructed with grants made under this chapter, as compared to the efficiency planned at the time the grant was made. The results of such annual survey shall be included in the report required under section 1375(a) of this title ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 843 Pub. L. 105362, title V,  501(d)(2)(D) Nov. 10, 1998 112 Stat. 3284 Pub. L. 107303, title III,  302(b)(1) Nov. 27, 2002 116 Stat. 2361  Editorial Notes Amendments 2002 Pub. L. 107303 Pub. L. 105362,  501(d)(2)(D) 1998 Pub. L. 105362,  501(d)(2)(D) section 1375(a) of this title Pub. L. 107303 Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by Pub. L. 107303 Nov. 10, 1998 33 U.S.C. 1251 Nov. 27, 2002 Pub. L. 105362 section 302(b) of Pub. L. 107303 section 1254 of this title  1291. Sewage collection systems (a) Existing and new systems No grant shall be made for a sewage collection system under this subchapter unless such grant (1) is for replacement or major rehabilitation of an existing collection system and is necessary to the total integrity and performance of the waste treatment works servicing such community, or (2) is for a new collection system in an existing community with sufficient existing or planned capacity adequately to treat such collected sewage and is consistent with section 1281 of this title (b) Use of population density as test If the Administrator uses population density as a test for determining the eligibility of a collector sewer for assistance it shall be only for the purpose of evaluating alternatives and determining the needs for such system in relation to ground or surface water quality impact. (c) Pollutant discharges from separate storm sewer systems No grant shall be made under this subchapter from funds authorized for any fiscal year during the period beginning October 1, 1977 September 30, 1990 ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 843 Pub. L. 95217,  36 Dec. 27, 1977 91 Stat. 1581 Pub. L. 97117,  2(b) Dec. 29, 1981 95 Stat. 1623 Pub. L. 1004, title II,  206(d) Feb. 4, 1987 101 Stat. 20  Editorial Notes Amendments 1987Subsec. (c). Pub. L. 1004 1981Subsec. (c). Pub. L. 97117 September 30, 1985 September 30, 1982 1977 Pub. L. 95217  1292. Definitions As used in this subchapter (1) The term construction means any one or more of the following: preliminary planning to determine the feasibility of treatment works, engineering, architectural, legal, fiscal, or economic investigations or studies, surveys, designs, plans, working drawings, specifications, procedures, field testing of innovative or alternative waste water treatment processes and techniques meeting guidelines promulgated under section 1314(d)(3) of this title (2) (A) The term treatment works means any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature to implement section 1281 of this title (B) In addition to the definition contained in subparagraph (A) of this paragraph, treatment works means any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste, including storm water runoff, or industrial waste, including waste in combined storm water and sanitary sewer systems. Any application for construction grants which includes wholly or in part such methods or systems shall, in accordance with guidelines published by the Administrator pursuant to subparagraph (C) of this paragraph, contain adequate data and analysis demonstrating such proposal to be, over the life of such works, the most cost efficient alternative to comply with sections 1311 or 1312 of this title, or the requirements of section 1281 of this title (C) For the purposes of subparagraph (B) of this paragraph, the Administrator shall, within one hundred and eighty days after October 18, 1972 (3) The term replacement as used in this subchapter means those expenditures for obtaining and installing equipment, accessories, or appurtenances during the useful life of the treatment works necessary to maintain the capacity and performance for which such works are designed and constructed. ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 844 Pub. L. 95217,  37 Dec. 27, 1977 91 Stat. 1581 Pub. L. 97117,  8(d) Dec. 29, 1981 95 Stat. 1626 Pub. L. 113121, title V,  5012(a) June 10, 2014 128 Stat. 1328  Editorial Notes Amendments 2014Par. (2)(A). Pub. L. 113121 1981Par. (1). Pub. L. 97117 section 1314(d)(3) of this title 1977Par. (2)(A). Pub. L. 95217 Statutory Notes and Related Subsidiaries Effective Date of 2014 Amendment Pub. L. 113121, title V,  5012(c) June 10, 2014 128 Stat. 1328 The amendments made by this section [amending this section and section 1362 of this title October 1, 2014  1293. Loan guarantees (a) State or local obligations issued exclusively to Federal Financing Bank for publicly owned treatment works; determination of eligibility of project by Administrator Subject to the conditions of this section and to such terms and conditions as the Administrator determines to be necessary to carry out the purposes of this subchapter, the Administrator is authorized to guarantee, and to make commitments to guarantee, the principal and interest (including interest accruing between the date of default and the date of the payment in full of the guarantee) of any loan, obligation, or participation therein of any State, municipality, or intermunicipal or interstate agency issued directly and exclusively to the Federal Financing Bank to finance that part of the cost of any grant-eligible project for the construction of publicly owned treatment works not paid for with Federal financial assistance under this subchapter (other than this section), which project the Administrator has determined to be eligible for such financial assistance under this subchapter, including, but not limited to, projects eligible for reimbursement under section 1286 of this title (b) Conditions for issuance No guarantee, or commitment to make a guarantee, may be made pursuant to this section (1) unless the Administrator certifies that the issuing body is unable to obtain on reasonable terms sufficient credit to finance its actual needs without such guarantee; and (2) unless the Administrator determines that there is a reasonable assurance of repayment of the loan, obligation, or participation therein. A determination of whether financing is available at reasonable rates shall be made by the Secretary of the Treasury with relationship to the current average yield on outstanding marketable obligations of municipalities of comparable maturity. (c) Fees for application investigation and issuance of commitment guarantee The Administrator is authorized to charge reasonable fees for the investigation of an application for a guarantee and for the issuance of a commitment to make a guarantee. (d) Commitment for repayment The Administrator, in determining whether there is a reasonable assurance of repayment, may require a commitment which would apply to such repayment. Such commitment may include, but not be limited to, any funds received by such grantee from the amounts appropriated under section 1286 of this title ( June 30, 1948, ch. 758 Pub. L. 94558 Oct. 19, 1976 90 Stat. 2639 Pub. L. 96483,  2(e) Oct. 21, 1980 94 Stat. 2361  Editorial Notes Amendments 1980Subsec. (d). Pub. L. 96483 section 1284(b)(3) of this title Statutory Notes and Related Subsidiaries Effective Date of 1980 Amendment Amendment by Pub. L. 96483 Dec. 27, 1977 section 2(g) of Pub. L. 96483 section 1281 of this title  1293a. Contained spoil disposal facilities (a) Construction, operation, and maintenance; period; conditions; requirements The Secretary of the Army, acting through the Chief of Engineers, is authorized to construct, operate, and maintain, subject to the provisions of subsection (c), contained spoil disposal facilities of sufficient capacity for a period not to exceed ten years, to meet the requirements of this section. Before establishing each such facility, the Secretary of the Army shall obtain the concurrence of appropriate local governments and shall consider the views and recommendations of the Administrator of the Environmental Protection Agency and shall comply with requirements of section 1171 of this title 42 U.S.C. 4321 Section 401 of this title (b) Time for establishment; consideration of area needs; requirements The Secretary of the Army, acting through the Chief of Engineers, shall establish the contained spoil disposal facilities authorized in subsection (a) at the earliest practicable date, taking into consideration the views and recommendations of the Administrator of the Environmental Protection Agency as to those areas which, in the Administrators judgment, are most urgently in need of such facilities and pursuant to the requirements of the National Environmental Policy Act of 1969 [ 42 U.S.C. 4321 33 U.S.C. 1251 (c) Written agreement requirement; terms of agreement Prior to construction of any such facility, the appropriate State or States, interstate agency, municipality, or other appropriate political subdivision of the State shall agree in writing to (1) furnish all lands, easements, and rights-of-way necessary for the construction, operation, and maintenance of the facility; (2) contribute to the United States 25 per centum of the construction costs, such amount to be payable either in cash prior to construction, in installments during construction, or in installments, with interest at a rate to be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction is initiated, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations, which are neither due or callable for redemption for fifteen years from date of issue; (3) hold and save the United States free from damages due to construction, operation, and maintenance of the facility; and (4) except as provided in subsection (f), maintain the facility after completion of its use for disposal purposes in a manner satisfactory to the Secretary of the Army. (d) Waiver of construction costs contribution from non-Federal interests; findings of participation in waste treatment facilities for general geographical area and compliance with water quality standards; waiver of payments in event of written agreement before occurrence of findings The requirement for appropriate non-Federal interest or interests to furnish an agreement to contribute 25 per centum of the construction costs as set forth in subsection (c) shall be waived by the Secretary of the Army upon a finding by the Administrator of the Environmental Protection Agency that for the area to which such construction applies, the State or States involved, interstate agency, municipality, and other appropriate political subdivision of the State and industrial concerns are participating in and in compliance with an approved plan for the general geographical area of the dredging activity for construction, modification, expansion, or rehabilitation of waste treatment facilities and the Administrator has found that applicable water quality standards are not being violated. In the event such findings occur after the appropriate non-Federal interest or interests have entered into the agreement required by subsection (c), any payments due after the date of such findings as part of the required local contribution of 25 per centum of the construction costs shall be waived by the Secretary of the Army. (e) Federal payment of costs for disposal of dredged spoil from project Notwithstanding any other provision of law, all costs of disposal of dredged spoil from the project for the Great Lakes connecting channels, Michigan, shall be borne by the United States. (f) Title to lands, easements, and rights-of-way; retention by non-Federal interests; conveyance of facilities; agreement of transferee The participating non-Federal interest or interests shall retain title to all lands, easements, and rights-of-way furnished by it pursuant to subsection (c). A spoil disposal facility owned by a non-Federal interest or interests may be conveyed to another party only after completion of the facilitys use for disposal purposes and after the transferee agrees in writing to use or maintain the facility in a manner which the Secretary of the Army determines to be satisfactory. (g) Federal licenses or permits; charges; remission of charge Any spoil disposal facilities constructed under the provisions of this section shall be made available to Federal licensees or permittees upon payment of an appropriate charge for such use. Twenty-five per centum of such charge shall be remitted to the participating non-Federal interest or interests except for those excused from contributing to the construction costs under subsections (d) and (e). (h) Provisions applicable to Great Lakes and their connecting channels This section, other than subsection (i), shall be applicable only to the Great Lakes and their connecting channels. (i) Research, study, and experimentation program relating to dredged spoil extended to navigable waters, etc.; cooperative program; scope of program; utilization of facilities and personnel of Federal agency The Chief of Engineers, under the direction of the Secretary of the Army, is hereby authorized to extend to all navigable waters, connecting channels, tributary streams, other waters of the United States and waters contiguous to the United States, a comprehensive program of research, study, and experimentation relating to dredged spoil. This program shall be carried out in cooperation with other Federal and State agencies, and shall include, but not be limited to, investigations on the characteristics of dredged spoil, and alternative methods of its disposal. To the extent that such study shall include the effects of such dredge spoil on water quality, the facilities and personnel of the Environmental Protection Agency shall be utilized. (j) Period for depositing dredged materials The Secretary of the Army, acting through the Chief of Engineers, is authorized to continue to deposit dredged materials into a contained spoil disposal facility constructed under this section until the Secretary determines that such facility is no longer needed for such purpose or that such facility is completely full. (k) Study and monitoring program (1) Study The Secretary of the Army, acting through the Chief of Engineers, shall conduct a study of the materials disposed of in contained spoil disposal facilities constructed under this section for the purpose of determining whether or not toxic pollutants are present in such facilities and for the purpose of determining the concentration levels of each of such pollutants in such facilities. (2) Report Not later than 1 year after November 17, 1988 (3) Inspection and monitoring program The Secretary shall conduct a program to inspect and monitor contained spoil disposal facilities constructed under this section for the purpose of determining whether or not toxic pollutants are leaking from such facilities. (4) Toxic pollutant defined For purposes of this subsection, the term toxic pollutant means those toxic pollutants referred to in section 1311(b)(2)(C) and 1311(b)(2)(D) of this title and such other pollutants as the Secretary, in consultation with the Administrator of the Environmental Protection Agency, determines are appropriate based on their effects on human health and the environment. ( Pub. L. 91611, title I,  123 Dec. 31, 1970 84 Stat. 1823 Pub. L. 93251, title I,  23 Mar. 7, 1974 88 Stat. 20 Pub. L. 100676,  24 Nov. 17, 1988 102 Stat. 4027  Editorial Notes  References in Text Section 1171 of this title The National Environmental Policy Act of 1969, referred to in subsecs. (a) and (b), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 The Federal Water Pollution Control Act, referred to in subsec. (b), is act June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 816 section 1251 of this title Codification Section was formerly classified to section 1165a of this title Section was not enacted as a part of the Federal Water Pollution Control Act which comprises this chapter. Amendments 1988Subsec. (j). Pub. L. 100676,  24(a) Subsec. (k). Pub. L. 100676,  24(b) 1974Subsec. (d). Pub. L. 93251 Statutory Notes and Related Subsidiaries Great Lakes Confined Disposal Facilities Pub. L. 104303, title V,  513 Oct. 12, 1996 110 Stat. 3762 Oct. 12, 1996  1294. Public information and education on recycling and reuse of wastewater, use of land treatment, and reduction of wastewater volume  The Administrator shall develop and operate within one year of December 27, 1977 ( June 30, 1948, ch. 758 Pub. L. 95217,  38 Dec. 27, 1977 91 Stat. 1581  1295. Requirements for American materials  Notwithstanding any other provision of law, no grant for which application is made after February 1, 1978 ( June 30, 1948, ch. 758 Pub. L. 95217,  39 Dec. 27, 1977 91 Stat. 1581  1296. Determination of priority of projects  Notwithstanding any other provision of this chapter, the determination of the priority to be given each category of projects for construction of publicly owned treatment works within each State shall be made solely by that State, except that if the Administrator, after a public hearing, determines that a specific project will not result in compliance with the enforceable requirements of this chapter, such project shall be removed from the States priority list and such State shall submit a revised priority list. These categories shall include, but not be limited to (A) secondary treatment, (B) more stringent treatment, (C) infiltration-in-flow correction, (D) major sewer system rehabilitation, (E) new collector sewers and appurtenances, (F) new interceptors and appurtenances, and (G) correction of combined sewer overflows. Not less than 25 per centum of funds allocated to a State in any fiscal year under this subchapter for construction of publicly owned treatment works in such State shall be obligated for those types of projects referred to in clauses (D), (E), (F), and (G) of this section, if such projects are on such States priority list for that year and are otherwise eligible for funding in that fiscal year. It is the policy of Congress that projects for wastewater treatment and management undertaken with Federal financial assistance under this chapter by any State, municipality, or intermunicipal or interstate agency shall be projects which, in the estimation of the State, are designed to achieve optimum water quality management, consistent with the public health and water quality goals and requirements of this chapter. ( June 30, 1948, ch. 758 Pub. L. 95217,  40 Dec. 27, 1977 91 Stat. 1582 Pub. L. 97117,  18 Dec. 29, 1981 95 Stat. 1630  Editorial Notes Amendments 1981 Pub. L. 97117  1297. Guidelines for cost-effectiveness analysis  Any guidelines for cost-effectiveness analysis published by the Administrator under this subchapter shall provide for the identification and selection of cost effective alternatives to comply with the objectives and goals of this chapter and sections 1281(b), 1281(d), 1281(g)(2)(A), and 1311(b)(2)(B) of this title. ( June 30, 1948, ch. 758 Pub. L. 95217,  41 Dec. 27, 1977 91 Stat. 1582  1298. Cost effectiveness (a) Congressional statement of policy It is the policy of Congress that a project for waste treatment and management undertaken with Federal financial assistance under this chapter by any State, municipality, or intermunicipal or interstate agency shall be considered as an overall waste treatment system for waste treatment and management, and shall be that system which constitutes the most economical and cost-effective combination of devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature to implement section 1281 of this title (b) Determination by Administrator as prerequisite to approval of grant In accordance with the policy set forth in subsection (a) of this section, before the Administrator approves any grant to any State, municipality, or intermunicipal or interstate agency for the erection, building, acquisition, alteration, remodeling, improvement, or extension of any treatment works the Administrator shall determine that the facilities plan of which such treatment works are a part constitutes the most economical and cost-effective combination of treatment works over the life of the project to meet the requirements of this chapter, including, but not limited to, consideration of construction costs, operation, maintenance, and replacement costs. (c) Value engineering review In furtherance of the policy set forth in subsection (a) of this section, the Administrator shall require value engineering review in connection with any treatment works, prior to approval of any grant for the erection, building, acquisition, alteration, remodeling, improvement, or extension of such treatment works, in any case in which the cost of such erection, building, acquisition, alteration, remodeling, improvement, or extension is projected to be in excess of $10,000,000. For purposes of this subsection, the term value engineering review means a specialized cost control technique which uses a systematic and creative approach to identify and to focus on unnecessarily high cost in a project in order to arrive at a cost saving without sacrificing the reliability or efficiency of the project. (d) Projects affected This section applies to projects for waste treatment and management for which no treatment works including a facilities plan for such project have received Federal financial assistance for the preparation of construction plans and specifications under this chapter before December 29, 1981 ( June 30, 1948, ch. 758 Pub. L. 97117,  19 Dec. 29, 1981 95 Stat. 1630  1299. State certification of projects  Whenever the Governor of a State which has been delegated sufficient authority to administer the construction grant program under this subchapter in that State certifies to the Administrator that a grant application meets applicable requirements of Federal and State law for assistance under this subchapter, the Administrator shall approve or disapprove such application within 45 days of the date of receipt of such application. If the Administrator does not approve or disapprove such application within 45 days of receipt, the application shall be deemed approved. If the Administrator disapproves such application the Administrator shall state in writing the reasons for such disapproval. Any grant approved or deemed approved under this section shall be subject to amounts provided in appropriation Acts. ( June 30, 1948, ch. 758 Pub. L. 97117,  20 Dec. 29, 1981 95 Stat. 1631  1300. Pilot program for alternative water source projects (a) Policy Nothing in this section shall be construed to affect the application of section 1251(g) of this title section 1251(g) of this title (b) Definitions In this section: (1) Alternative water source project The term alternative water source project means a project designed to provide municipal, industrial, and agricultural water supplies in an environmentally sustainable manner by conserving, managing, reclaiming, or reusing water, wastewater, or stormwater or by treating wastewater or stormwater for groundwater recharge, potable reuse, or other purposes. Such term does not include water treatment or distribution facilities. (2) Critical water supply needs The term critical water supply needs means existing or reasonably anticipated future water supply needs that cannot be met by existing water supplies, as identified in a comprehensive statewide or regional water supply plan or assessment projected over a planning period of at least 20 years. (c) Establishment The Administrator may establish a pilot program to make grants to State, interstate, and intrastate water resource development agencies (including water management districts and water supply authorities), local government agencies, private utilities, and nonprofit entities for alternative water source projects to meet critical water supply needs. (d) Eligible entity The Administrator may make grants under this section to an entity only if the entity has authority under State law to develop or provide water for municipal, industrial, and agricultural uses in an area of the State that is experiencing critical water supply needs. (e) Selection of projects (1) Limitation A project that has received construction funds under the reclamation and reuse program conducted under the Reclamation Projects Authorization and Adjustment Act of 1992 ( 43 U.S.C. 390h (2) Geographical distribution Alternative water source projects selected by the Administrator under this section shall reflect a variety of geographical and environmental conditions. (f) Uses of grants Amounts from grants received under this section may be used for engineering, design, construction, and final testing of alternative water source projects designed to meet critical water supply needs. Such amounts may not be used for planning, feasibility studies or for operation, maintenance, replacement, repair, or rehabilitation. (g) Cost sharing The Federal share of the eligible costs of an alternative water source project carried out using assistance made available under this section shall not exceed 50 percent. (h) Reports On or before September 30, 2004 (i) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2022 through 2026, to remain available until expended. (2) Limitation on use of funds Of the amounts made available for grants under paragraph (1), not more than 2 percent may be used to pay the administrative costs of the Administrator. ( June 30, 1948, ch. 758 Pub. L. 106457, title VI,  602 Nov. 7, 2000 114 Stat. 1975 Pub. L. 11758, div. E, title II,  50203 Nov. 15, 2021 135 Stat. 1159  Editorial Notes  References in Text The Reclamation Projects Authorization and Adjustment Act of 1992, referred to in subsec. (e)(1), is Pub. L. 102575 Oct. 30, 1992 106 Stat. 4600 section 371 of Title 43 Amendments 2021Subsec. (b). Pub. L. 11758,  50203(6) Pub. L. 11758,  50203(1) Subsec. (c). Pub. L. 11758,  50203(6) Subsec. (d). Pub. L. 11758,  50203(6) Subsec. (d)(1). Pub. L. 11758,  50203(2)(A) Subsec. (d)(2), (3). Pub. L. 11758,  50203(2)(B) Subsec. (e). Pub. L. 11758,  50203(6) Pub. L. 11758,  50203(3) Subsec. (i). Pub. L. 11758,  50203(6) Pub. L. 11758,  50203(4)(A) Subsec. (i)(1). Pub. L. 11758,  50203(4)(B) Subsec. (j). Pub. L. 11758,  50203(6) Pub. L. 11758,  50203(5)  1301. Sewer overflow and stormwater reuse municipal grants (a) In general (1) Grants to States The Administrator may make grants to States for the purpose of providing grants to a municipality or municipal entity for planning, design, and construction of (A) treatment works to intercept, transport, control, treat, or reuse municipal combined sewer overflows, sanitary sewer overflows, or stormwater; (B) notification systems to inform the public of combined sewer or sanitary overflows that result in sewage being released into rivers and other waters; and (C) any other measures to manage, reduce, treat, or recapture stormwater or subsurface drainage water eligible for assistance under section 1383(c) of this title (2) Direct municipal grants Subject to subsection (g), the Administrator may make a direct grant to a municipality or municipal entity for the purposes described in paragraph (1). (b) Prioritization In selecting from among municipalities applying for grants under subsection (a), a State or the Administrator shall give priority to an applicant that (1) is a municipality that is a financially distressed community under subsection (c); (2) has implemented or is complying with an implementation schedule for the nine minimum controls specified in the CSO control policy referred to in section 1342(q)(1) of this title (3) is requesting a grant for a project that is on a States intended use plan pursuant to section 1386(c) of this title (4) is an Alaska Native Village. (c) Financially distressed community (1) Definition In subsection (b), the term financially distressed community means a community that meets affordability criteria established by the State in which the community is located, if such criteria are developed after public review and comment. (2) Consideration of impact on water and sewer rates In determining if a community is a distressed community for the purposes of subsection (b), the State shall consider, among other factors, the extent to which the rate of growth of a communitys tax base has been historically slow such that implementing a plan described in subsection (b)(2) would result in a significant increase in any water or sewer rate charged by the communitys publicly owned wastewater treatment facility. (3) Information to assist States The Administrator may publish information to assist States in establishing affordability criteria under paragraph (1). (d) Cost-sharing (1) In general The Federal share of the cost of activities carried out using amounts from a grant made under subsection (a) shall be not less than 55 percent of the cost. (2) Rural and financially distressed communities To the maximum extent practicable, the Administrator shall work with States to prevent the non-Federal share requirements under this subsection from being passed on to rural communities and financially distressed communities (as those terms are defined in subsection (f)(2)(B)(i)). (3) Types of non-Federal share The applicable non-Federal share of the cost under this subsection may include, in any amount, public and private funds and in-kind services, and may include, notwithstanding section 1383(h) of this title (e) Administrative requirements A project that receives assistance under this section shall be carried out subject to the same requirements as a project that receives assistance from a State water pollution control revolving fund under subchapter VI of this chapter, except to the extent that the Governor of the State in which the project is located determines that a requirement of subchapter VI of this chapter is inconsistent with the purposes of this section. For the purposes of this subsection, a Governor may not determine that the requirements of subchapter VI of this chapter relating to the application of section 1372 of this title (f) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $280,000,000 for each of fiscal years 2022 through 2026. (2) Minimum allocations (A) Green projects To the extent there are sufficient eligible project applications, the Administrator shall ensure that a State uses not less than 20 percent of the amount of the grants made to the State under subsection (a) in a fiscal year to carry out projects to intercept, transport, control, treat, or reuse municipal combined sewer overflows, sanitary sewer overflows, or stormwater through the use of green infrastructure, water and energy efficiency improvements, and other environmentally innovative activities. (B) Rural or financially distressed community allocation (i) Definitions In this subparagraph: (I) Financially distressed community The term financially distressed community has the meaning given the term in subsection (c)(1). (II) Rural community The term rural community means a city, town, or unincorporated area that has a population of not more than 10,000 inhabitants. (ii) Allocation (I) In general To the extent there are sufficient eligible project applications, the Administrator shall ensure that a State uses not less than 25 percent of the amount of the grants made to the State under subsection (a) in a fiscal year to carry out projects in rural communities or financially distressed communities for the purpose of planning, design, and construction of (aa) treatment works to intercept, transport, control, treat, or reuse municipal sewer overflows, sanitary sewer overflows, or stormwater; or (bb) any other measures to manage, reduce, treat, or recapture stormwater or subsurface drainage water eligible for assistance under section 603(c). (II) Rural communities Of the funds allocated under subclause (I) for the purposes described in that subclause, to the extent there are sufficient eligible project applications, the Administrator shall ensure that a State uses not less than 60 percent to carry out projects in rural communities. (g) Allocation of funds (1) Fiscal year 2019 Subject to subsection (h), the Administrator shall use the amounts appropriated to carry out this section for fiscal year 2019 for making grants to municipalities and municipal entities under subsection (a)(2) in accordance with the criteria set forth in subsection (b). (2) Fiscal year 2020 and thereafter Subject to subsection (h), the Administrator shall use the amounts appropriated to carry out this section for fiscal year 2020 and each fiscal year thereafter for making grants to States under subsection (a)(1) in accordance with a formula to be established by the Administrator, after providing notice and an opportunity for public comment, that allocates to each State a proportional share of such amounts based on the total needs of the State for municipal combined sewer overflow controls, sanitary sewer overflow controls, and stormwater identified in the most recent detailed estimate and comprehensive study submitted pursuant to section 1375 of this title (h) Administrative expenses Of the amounts appropriated to carry out this section for each fiscal year (1) the Administrator may retain an amount not to exceed 1 percent for the reasonable and necessary costs of administering this section; and (2) the Administrator, or a State, may retain an amount not to exceed 4 percent of any grant made to a municipality or municipal entity under subsection (a), for the reasonable and necessary costs of administering the grant. (i) Reports (1) Periodic reports (A) In general Not later than December 31, 2003 (i) recommended funding levels for grants under this section; and (ii) a description of the extent to which States pass costs associated with the non-Federal share requirements under subsection (d) to local communities, with a focus on rural communities and financially distressed communities (as those terms are defined in subsection (f)(2)(B)(i)). (B) Requirement The funding levels recommended under subparagraph (A)(i) shall be sufficient to ensure the continued expeditious implementation of municipal combined sewer overflow and sanitary sewer overflow controls nationwide. (2) Use of funds Not later than 2 years after November 15, 2021 ( June 30, 1948, ch. 758 Pub. L. 106554,  1(a)(4) [div. B, title I,  112(c)] Dec. 21, 2000 114 Stat. 2763 Pub. L. 115270, title IV,  4106 Oct. 23, 2018 132 Stat. 3875 Pub. L. 11758, div. E, title II,  50204 Nov. 15, 2021 135 Stat. 1160  Editorial Notes Amendments 2021Subsec. (a)(1)(B), (C). Pub. L. 11758,  50204(1) Subsec. (d). Pub. L. 11758,  50204(2) Subsec. (f)(1). Pub. L. 11758,  50204(3)(A) Subsec. (f)(2). Pub. L. 11758,  50204(3)(B) Subsec. (i). Pub. L. 11758,  50204(4)(B) Subsec. (i)(1). Pub. L. 11758,  50204(A) 2018 Pub. L. 115270,  4106(1) Subsec. (a). Pub. L. 115270,  4106(2) Subsec. (e). Pub. L. 115270,  4106(3) Subsec. (f). Pub. L. 115270,  4106(4) Subsec. (g). Pub. L. 115270,  4106(5) Statutory Notes and Related Subsidiaries Information on CSOS and SSOS Pub. L. 106554,  1(a)(4) [div. B, title I,  112(d)] Dec. 21, 2000 114 Stat. 2763  (1)  Report to congress Not later than 3 years after the date of enactment of this Act [ Dec. 21, 2000 (A) the extent of the human health and environmental impacts caused by municipal combined sewer overflows and sanitary sewer overflows, including the location of discharges causing such impacts, the volume of pollutants discharged, and the constituents discharged; (B) the resources spent by municipalities to address these impacts; and (C) an evaluation of the technologies used by municipalities to address these impacts. (2)  Technology clearinghouse After transmitting a report under paragraph (1), the Administrator shall maintain a clearinghouse of cost-effective and efficient technologies for addressing human health and environmental impacts due to municipal combined sewer overflows and sanitary sewer overflows.  1302. Wastewater efficiency grant pilot program (a) Establishment Subject to the availability of appropriations, the Administrator shall establish a wastewater efficiency grant pilot program (referred to in this section as the pilot program) to award grants to owners or operators of publicly owned treatment works to carry out projects that create or improve waste-to-energy systems. (b) Selection (1) Applications To be eligible to receive a grant under the pilot program, an owner or operator of a treatment works shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. (2) Number of recipients The Administrator shall select not more than 15 recipients of grants under the pilot program from applications submitted under paragraph (1). (c) Use of funds (1) In general Subject to paragraph (2), a recipient of a grant under the pilot program may use grant funds for (A) sludge collection; (B) installation of anaerobic digesters; (C) methane capture; (D) methane transfer; (E) facility upgrades and retrofits necessary to create or improve waste-to-energy systems; and (F) other new and emerging, but proven, technologies that transform waste to energy. (2) Limitation A grant to a recipient under the pilot program shall be not more than $4,000,000. (d) Reports (1) Report to the Administrator Not later than 2 years after receiving a grant under the pilot program and each year thereafter for which amounts are made available for the pilot program under subsection (e), the recipient of the grant shall submit to the Administrator a report describing the impact of that project on the communities within 3 miles of the treatment works. (2) Report to Congress Not later than 1 year after first awarding grants under the pilot program and each year thereafter for which amounts are made available for the pilot program under subsection (e), the Administrator shall submit to Congress a report describing (A) the applications received by the Administrator for grants under the pilot program; and (B) the projects for which grants were awarded under the pilot program. (e) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out the pilot program $20,000,000 for each of fiscal years 2022 through 2026, to remain available until expended. (2) Limitation on use of funds Of the amounts made available for grants under paragraph (1), not more than 2 percent may be used to pay the administrative costs of the Administrator. ( June 30, 1948, ch. 758 Pub. L. 11758, div. E, title II,  50202 Nov. 15, 2021 135 Stat. 1158  1302a. Clean water infrastructure resiliency and sustainability program (a) Definitions In this section: (1) Eligible entity The term eligible entity means (A) a municipality; or (B) an intermunicipal, interstate, or State agency. (2) Natural hazard The term natural hazard means a hazard caused by natural forces, including extreme weather events, sea-level rise, and extreme drought conditions. (3) Program The term program means the clean water infrastructure resilience and sustainability program established under subsection (b). (b) Establishment Subject to the availability of appropriations, the Administrator shall establish a clean water infrastructure resilience and sustainability program under which the Administrator shall award grants to eligible entities for the purpose of increasing the resilience of publicly owned treatment works to a natural hazard or cybersecurity vulnerabilities. (c) Use of funds An eligible entity that receives a grant under the program shall use the grant funds for planning, designing, or constructing projects (on a system-wide or area-wide basis) that increase the resilience of a publicly owned treatment works to a natural hazard or cybersecurity vulnerabilities through (1) the conservation of water; (2) the enhancement of water use efficiency; (3) the enhancement of wastewater and stormwater management by increasing watershed preservation and protection, including through the use of (A) natural and engineered green infrastructure; and (B) reclamation and reuse of wastewater and stormwater, such as aquifer recharge zones; (4) the modification or relocation of an existing publicly owned treatment works, conveyance, or discharge system component that is at risk of being significantly impaired or damaged by a natural hazard; (5) the development and implementation of projects to increase the resilience of publicly owned treatment works to a natural hazard or cybersecurity vulnerabilities, as applicable; or (6) the enhancement of energy efficiency or the use and generation of recovered or renewable energy in the management, treatment, or conveyance of wastewater or stormwater. (d) Application To be eligible to receive a grant under the program, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require, including (1) a proposal of the project to be planned, designed, or constructed using funds under the program; (2) an identification of the natural hazard risk of the area where the proposed project is to be located or potential cybersecurity vulnerability, as applicable, to be addressed by the proposed project; (3) documentation prepared by a Federal, State, regional, or local government agency of the natural hazard risk of the area where the proposed project is to be located or potential cybersecurity vulnerability, as applicable, of the area where the proposed project is to be located; (4) a description of any recent natural hazard risk of the area where the proposed project is to be located or potential cybersecurity vulnerabilities that have affected the publicly owned treatment works; (5) a description of how the proposed project would improve the performance of the publicly owned treatment works under an anticipated natural hazard or natural hazard risk of the area where the proposed project is to be located or a potential cybersecurity vulnerability, as applicable; and (6) an explanation of how the proposed project is expected to enhance the resilience of the publicly owned treatment works to a natural hazard risk of the area where the proposed project is to be located or a potential cybersecurity vulnerability, as applicable. (e) Grant amount and other Federal requirements (1) Cost share Except as provided in paragraph (2), a grant under the program shall not exceed 75 percent of the total cost of the proposed project. (2) Exception (A) In general Except as provided in subparagraph (B), a grant under the program shall not exceed 90 percent of the total cost of the proposed project if the project serves a community that (i) has a population of fewer than 10,000 individuals; or (ii) meets the affordability criteria established by the State in which the community is located under section 1383(i)(2) of this title (B) Waiver At the discretion of the Administrator, a grant for a project described in subparagraph (A) may cover 100 percent of the total cost of the proposed project. (3) Requirements The requirements of section 1388 of this title (f) Report Not later than 2 years after November 15, 2021 (g) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2022 through 2026. (2) Limitation on use of funds Of the amounts made available for grants under paragraph (1), not more than 2 percent may be used to pay the administrative costs of the Administrator. ( June 30, 1948, ch. 758 Pub. L. 11758, div. E, title II,  50205 Nov. 15, 2021 135 Stat. 1162  1302b. Small and medium publicly owned treatment works circuit rider program (a) Establishment Subject to the availability of appropriations, not later than 180 days after November 15, 2021 section 1382(b)(13) of this title (b) Limitation A grant provided under the circuit rider program shall be in an amount that is not more than $75,000. (c) Prioritization In selecting recipients of grants under the circuit rider program, the Administrator shall give priority to qualified nonprofit entities, as determined by the Administrator, that would serve a community that (1) has a history, for not less than the 10 years prior to the award of the grant, of unresolved wastewater issues, stormwater issues, or a combination of wastewater and stormwater issues; (2) is considered financially distressed; (3) faces the cumulative burden of stormwater and wastewater overflow issues; or (4) has previously failed to access Federal technical assistance due to cost-sharing requirements. (d) Communication Each qualified nonprofit entity that receives funding under this section shall, before using that funding to undertake activities to carry out this section, consult with the State in which the assistance is to be expended or otherwise made available. (e) Report Not later than 2 years after the date on which the Administrator establishes the circuit rider program, and every 2 years thereafter, the Administrator shall submit to Congress a report describing (1) each recipient of a grant under the circuit rider program; and (2) a summary of the activities carried out under the circuit rider program. (f) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $10,000,000 for the period of fiscal years 2022 through 2026. (2) Limitation on use of funds Of the amounts made available for grants under paragraph (1), not more than 2 percent may be used to pay the administrative costs of the Administrator. ( June 30, 1948, ch. 758 Pub. L. 11758, div. E, title II,  50206 Nov. 15, 2021 135 Stat. 1164  1302c. Small publicly owned treatment works efficiency grant program (a) Establishment Subject to the availability of appropriations, not later than 180 days after November 15, 2021 (b) Eligible entities The Administrator may award a grant under the efficiency grant program to (1) an owner or operator of a small publicly owned treatment works that serves (A) a population of not more than 10,000 people; or (B) a disadvantaged community; or (2) a nonprofit organization that seeks to assist a small publicly owned treatment works described in paragraph (1) to carry out the activities described in subsection (a). (c) Report Not later than 2 years after the date on which the Administrator establishes the efficiency grant program, and every 2 years thereafter, the Administrator shall submit to Congress a report describing (1) each recipient of a grant under the efficiency grant program; and (2) a summary of the activities carried out under the efficiency grant program. (d) Use of funds (1) Small systems Of the amounts made available for grants under this section, to the extent that there are sufficient applications, not less than 15 percent shall be used for grants to publicly owned treatment works that serve fewer than 3,300 people. (2) Limitation on use of funds Of the amounts made available for grants under this section, not more than 2 percent may be used to pay the administrative costs of the Administrator. ( June 30, 1948, ch. 758 Pub. L. 11758, div. E, title II,  50207 Nov. 15, 2021 135 Stat. 1165  1302d. Grants for construction and refurbishing of individual household decentralized wastewater systems for individuals with low or moderate income (a) Definition of eligible individual In this section, the term eligible individual means a member of a low-income or moderate-income household, the members of which have a combined income (for the most recent 12-month period for which information is available) equal to not more than 50 percent of the median nonmetropolitan household income for the State or territory in which the household is located, according to the most recent decennial census. (b) Grant program (1) In general Subject to the availability of appropriations, the Administrator shall establish a program under which the Administrator shall provide grants to private nonprofit organizations for the purpose of improving general welfare by providing assistance to eligible individuals (A) for the construction, repair, or replacement of an individual household decentralized wastewater treatment system; or (B) for the installation of a larger decentralized wastewater system designed to provide treatment for 2 or more households in which eligible individuals reside, if (i) site conditions at the households are unsuitable for the installation of an individually owned decentralized wastewater system; (ii) multiple examples of unsuitable site conditions exist in close geographic proximity to each other; and (iii) a larger decentralized wastewater system could be cost-effectively installed. (2) Application To be eligible to receive a grant under this subsection, a private nonprofit organization shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator determines to be appropriate. (3) Priority In awarding grants under this subsection, the Administrator shall give priority to applicants that have substantial expertise and experience in promoting the safe and effective use of individual household decentralized wastewater systems. (4) Administrative expenses A private nonprofit organization may use amounts provided under this subsection to pay the administrative expenses associated with the provision of the services described in paragraph (1), as the Administrator determines to be appropriate. (c) Grants (1) In general Subject to paragraph (2), a private nonprofit organization shall use a grant provided under subsection (b) for the services described in paragraph (1) of that subsection. (2) Application To be eligible to receive the services described in subsection (b)(1), an eligible individual shall submit to the private nonprofit organization serving the area in which the individual household decentralized wastewater system of the eligible individuals is, or is proposed to be, located an application at such time, in such manner, and containing such information as the private nonprofit organization determines to be appropriate. (3) Priority In awarding grants under this subsection, a private nonprofit organization shall give priority to any eligible individual who does not have access to a sanitary sewage disposal system. (d) Report Not later than 2 years after November 15, 2021 (e) Authorization of appropriations (1) In general There is authorized to be appropriated to the Administrator to carry out this section $50,000,000 for each of fiscal years 2022 through 2026. (2) Limitation on use of funds Of the amounts made available for grants under paragraph (1), not more than 2 percent may be used to pay the administrative costs of the Administrator. ( June 30, 1948, ch. 758 Pub. L. 11758, div. E, title II,  50208 Nov. 15, 2021 135 Stat. 1166  1302e. Connection to publicly owned treatment works (a) Definitions In this section: (1) Eligible entity The term eligible entity means (A) an owner or operator of a publicly owned treatment works that assists or is seeking to assist low-income or moderate-income individuals with connecting the household of the individual to the publicly owned treatment works; or (B) a nonprofit entity that assists low-income or moderate-income individuals with the costs associated with connecting the household of the individual to a publicly owned treatment works. (2) Program The term program means the competitive grant program established under subsection (b). (3) Qualified individual The term qualified individual has the meaning given the term eligible individual in section 1383(j) of this title (b) Establishment Subject to the availability of appropriations, the Administrator shall establish a competitive grant program with the purpose of improving general welfare, under which the Administrator awards grants to eligible entities to provide funds to assist qualified individuals in covering the costs incurred by the qualified individual in connecting the household of the qualified individual to a publicly owned treatment works. (c) Application (1) In general An eligible entity seeking a grant under the program shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may by regulation require. (2) Requirement Not later than 90 days after the date on which the Administrator receives an application from an eligible entity under paragraph (1), the Administrator shall notify the eligible entity of whether the Administrator will award a grant to the eligible entity under the program. (d) Selection criteria In selecting recipients of grants under the program, the Administrator shall use the following criteria: (1) Whether the eligible entity seeking a grant provides services to, or works directly with, qualified individuals. (2) Whether the eligible entity seeking a grant (A) has an existing program to assist in covering the costs incurred in connecting a household to a publicly owned treatment works; or (B) seeks to create a program described in subparagraph (A). (e) Requirements (1) Voluntary connection Before providing funds to a qualified individual for the costs described in subsection (b), an eligible entity shall ensure that (A) the qualified individual has connected to the publicly owned treatment works voluntarily; and (B) if the eligible entity is not the owner or operator of the publicly owned treatment works to which the qualified individual has connected, the publicly owned treatment works to which the qualified individual has connected has agreed to the connection. (2) Reimbursements from publicly owned treatment works An eligible entity that is an owner or operator of a publicly owned treatment works may reimburse a qualified individual that has already incurred the costs described in subsection (b) by (A) reducing the amount otherwise owed by the qualified individual to the owner or operator for wastewater or other services provided by the owner or operator; or (B) providing a direct payment to the qualified individual. (f) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out the program $40,000,000 for each of fiscal years 2022 through 2026. (2) Limitations on use of funds (A) Small systems Of the amounts made available for grants under paragraph (1), to the extent that there are sufficient applications, not less than 15 percent shall be used to make grants to (i) eligible entities described in subsection (a)(1)(A) that are owners and operators of publicly owned treatment works that serve fewer than 3,300 people; and (ii) eligible entities described in subsection (a)(1)(B) that provide the assistance described in that subsection in areas that are served by publicly owned treatment works that serve fewer than 3,300 people. (B) Administrative costs Of the amounts made available for grants under paragraph (1), not more than 2 percent may be used to pay the administrative costs of the Administrator. ( June 30, 1948, ch. 758 Pub. L. 11758, div. E, title II,  50209 Nov. 15, 2021 135 Stat. 1167  1302f. Stormwater infrastructure technology (a) Definitions In this section: (1) Center The term center means a center of excellence for stormwater control infrastructure established under subsection (b)(1). (2) Eligible entity The term eligible entity means (A) a State, Tribal, or local government; or (B) a local, regional, or other public entity that manages stormwater or wastewater resources or other related water infrastructure. (3) Eligible institution The term eligible institution means an institution of higher education, a research institution, or a nonprofit organization (A) that has demonstrated excellence in researching and developing new and emerging stormwater control infrastructure technologies; and (B) with respect to a nonprofit organization, the core mission of which includes water management, as determined by the Administrator. (b) Centers of excellence for stormwater control infrastructure technologies (1) Establishment of centers (A) In general Subject to the availability of appropriations, the Administrator shall provide grants, on a competitive basis, to eligible institutions to establish and maintain not less than 3, and not more than 5, centers of excellence for new and emerging stormwater control infrastructure technologies, to be located in various regions throughout the United States. (B) General operation Each center shall (i) conduct research on new and emerging stormwater control infrastructure technologies that are relevant to the geographical region in which the center is located, including stormwater and sewer overflow reduction, other approaches to water resource enhancement, alternative funding approaches, and other environmental, economic, and social benefits, with the goal of improving the effectiveness, cost efficiency, and protection of public safety and water quality; (ii) maintain a listing of (I) stormwater control infrastructure needs; and (II) an analysis of new and emerging stormwater control infrastructure technologies that are available; (iii) analyze whether additional financial programs for the implementation of new and emerging, but proven, stormwater control infrastructure technologies would be useful; (iv) provide information regarding research conducted under clause (i) to the national electronic clearinghouse center for publication on the Internet website established under paragraph (3)(B)(i) to provide to the Federal Government and State, Tribal, and local governments and the private sector information regarding new and emerging, but proven, stormwater control infrastructure technologies; (v) provide technical assistance to State, Tribal, and local governments to assist with the design, construction, operation, and maintenance of stormwater control infrastructure projects that use innovative technologies; (vi) collaborate with institutions of higher education and private and public organizations, including community-based public-private partnerships and other stakeholders, in the geographical region in which the center is located; and (vii) coordinate with the other centers to avoid duplication of efforts. (2) Application To be eligible to receive a grant under this subsection, an eligible institution shall prepare and submit to the Administrator an application at such time, in such form, and containing such information as the Administrator may require. (3) National electronic clearinghouse center Of the centers established under paragraph (1)(A), 1 shall (A) be designated as the national electronic clearinghouse center; and (B) in addition to the other functions of that center (i) develop, operate, and maintain an Internet website and a public database that contains information relating to new and emerging, but proven, stormwater control infrastructure technologies; and (ii) post to the website information from all centers. (4) Authorization of appropriations (A) In general There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2022 through 2026. (B) Limitation on use of funds Of the amounts made available for grants under subparagraph (A), not more than 2 percent may be used to pay the administrative costs of the Administrator. (c) Stormwater control infrastructure project grants (1) Grant authority Subject to the availability of appropriations, the Administrator shall provide grants, on a competitive basis, to eligible entities to carry out stormwater control infrastructure projects that incorporate new and emerging, but proven, stormwater control technologies in accordance with this subsection. (2) Stormwater control infrastructure projects (A) Planning and development grants The Administrator may make planning and development grants under this subsection for the following projects: (i) Planning and designing stormwater control infrastructure projects that incorporate new and emerging, but proven, stormwater control technologies, including engineering surveys, landscape plans, maps, long-term operations and maintenance plans, and implementation plans. (ii) Identifying and developing standards necessary to accommodate stormwater control infrastructure projects, including those projects that incorporate new and emerging, but proven, stormwater control technologies. (iii) Identifying and developing fee structures to provide financial support for design, installation, and operations and maintenance of stormwater control infrastructure, including new and emerging, but proven, stormwater control infrastructure technologies. (iv) Developing approaches for community-based public-private partnerships for the financing and construction of stormwater control infrastructure technologies, including feasibility studies, stakeholder outreach, and needs assessments. (v) Developing and delivering training and educational materials regarding new and emerging, but proven, stormwater control infrastructure technologies for distribution to (I) individuals and entities with applicable technical knowledge; and (II) the public. (B) Implementation grants The Administrator may make implementation grants under this subsection for the following projects: (i) Installing new and emerging, but proven, stormwater control infrastructure technologies. (ii) Protecting or restoring interconnected networks of natural areas that protect water quality. (iii) Monitoring and evaluating the environmental, economic, or social benefits of stormwater control infrastructure technologies that incorporate new and emerging, but proven, stormwater control technology. (iv) Implementing a best practices standard for stormwater control infrastructure programs. (3) Application Except as otherwise provided in this section, to be eligible to receive a grant under this subsection, an eligible entity shall prepare and submit to the Administrator an application at such time, in such form, and containing such information as the Administrator may require, including, as applicable (A) a description of the stormwater control infrastructure project that incorporates new and emerging, but proven, technologies; (B) a plan for monitoring the impacts and pollutant load reductions associated with the stormwater control infrastructure project on the water quality and quantity; (C) an evaluation of other environmental, economic, and social benefits of the stormwater control infrastructure project; and (D) a plan for the long-term operation and maintenance of the stormwater control infrastructure project and a tracking system, such as asset management practices. (4) Priority In making grants under this subsection, the Administrator shall give priority to applications submitted on behalf of (A) a community that (i) has municipal combined storm and sanitary sewers in the collection system of the community; or (ii) is a small, rural, or disadvantaged community, as determined by the Administrator; or (B) an eligible entity that will use not less than 15 percent of the grant to provide service to a small, rural, or disadvantaged community, as determined by the Administrator. (5) Maximum amounts (A) Planning and development grants (i) Single grant The amount of a single planning and development grant provided under this subsection shall be not more than $200,000. (ii) Aggregate amount The total amount of all planning and development grants provided under this subsection for a fiscal year shall be not more than 13 of the total amount made available to carry out this subsection. (B) Implementation grants (i) Single grant The amount of a single implementation grant provided under this subsection shall be not more than $2,000,000. (ii) Aggregate amount The total amount of all implementation grants provided under this subsection for a fiscal year shall be not more than 23 of the total amount made available to carry out this subsection. (6) Federal share (A) In general Except as provided in subparagraph (C), the Federal share of a grant provided under this subsection shall not exceed 80 percent of the total project cost. (B) Credit for implementation grants The Administrator shall credit toward the non-Federal share of the cost of an implementation project carried out under this subsection the cost of planning, design, and construction work completed for the project using funds other than funds provided under this section. (C) Exception The Administrator may waive the Federal share limitation under subparagraph (A) for an eligible entity that has adequately demonstrated financial need. (d) Report to Congress Not later than 2 years after the date on which the Administrator first awards a grant under this section, the Administrator shall submit to Congress a report that includes, with respect to the period covered by the report (1) a description of all grants provided under this section; (2) a detailed description of (A) the projects supported by those grants; and (B) the outcomes of those projects; (3) a description of the improvements in technology, environmental benefits, resources conserved, efficiencies, and other benefits of the projects funded under this section; (4) recommendations for improvements to promote and support new and emerging, but proven, stormwater control infrastructure, including research into new and emerging technologies, for the centers, grants, and activities under this section; and (5) a description of existing challenges concerning the use of new and emerging, but proven, stormwater control infrastructure. (e) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section (except for subsection (b)) $10,000,000 for each of fiscal years 2022 through 2026. (2) Limitation on use of funds Of the amounts made available for grants under paragraph (1), not more than 2 percent may be used to pay the administrative costs of the Administrator. ( Pub. L. 11758, div. E, title II,  50217 Nov. 15, 2021 135 Stat. 1175  Editorial Notes Codification Section was enacted as part of the Drinking Water and Wastewater Infrastructure Act of 2021 and also as part of the Infrastructure Investment and Jobs Act, and not as part of the Federal Water Pollution Control Act which comprises this chapter. Statutory Notes and Related Subsidiaries  Administrator Defined Administrator means the Administrator of the Environmental Protection Agency, see section 50002 of Pub. L. 11758 section 300j18a of Title 42 SUBCHAPTER III STANDARDS AND ENFORCEMENT  1311. Effluent limitations (a) Illegality of pollutant discharges except in compliance with law Except as in compliance with this section and sections 1312, 1316, 1317, 1328, 1342, and 1344 of this title, the discharge of any pollutant by any person shall be unlawful. (b) Timetable for achievement of objectives In order to carry out the objective of this chapter there shall be achieved (1) (A) not later than July 1, 1977 section 1314(b) of this title section 1317 of this title (B) for publicly owned treatment works in existence on July 1, 1977 section 1283 of this title June 30, 1974 section 1314(d)(1) of this title (C) not later than July 1, 1977 section 1370 of this title (2) (A) for pollutants identified in subparagraphs (C), (D), and (F) of this paragraph, effluent limitations for categories and classes of point sources, other than publicly owned treatment works, which (i) shall require application of the best available technology economically achievable for such category or class, which will result in reasonable further progress toward the national goal of eliminating the discharge of all pollutants, as determined in accordance with regulations issued by the Administrator pursuant to section 1314(b)(2) of this title section 1325 of this title section 1314(b)(2) of this title section 1317 of this title (B) Repealed. Pub. L. 97117,  21(b) Dec. 29, 1981 95 Stat. 1632 (C) with respect to all toxic pollutants referred to in table 1 of Committee Print Numbered 9530 of the Committee on Public Works and Transportation of the House of Representatives compliance with effluent limitations in accordance with subparagraph (A) of this paragraph as expeditiously as practicable but in no case later than three years after the date such limitations are promulgated under section 1314(b) of this title March 31, 1989 (D) for all toxic pollutants listed under paragraph (1) of subsection (a) of section 1317 of this title section 1314(b) of this title March 31, 1989 (E) as expeditiously as practicable but in no case later than three years after the date such limitations are promulgated under section 1314(b) of this title March 31, 1989 section 1314(a)(4) of this title section 1314(b)(4) of this title (F) for all pollutants (other than those subject to subparagraphs (C), (D), or (E) of this paragraph) compliance with effluent limitations in accordance with subparagraph (A) of this paragraph as expeditiously as practicable but in no case later than 3 years after the date such limitations are established, and in no case later than March 31, 1989 (3) (A) for effluent limitations under paragraph (1)(A)(i) of this subsection promulgated after January 1, 1982 section 1314(b) of this title March 31, 1989 (B) for any effluent limitation in accordance with paragraph (1)(A)(i), (2)(A)(i), or (2)(E) of this subsection established only on the basis of section 1342(a)(1) of this title February 4, 1987 March 31, 1989 (c) Modification of timetable The Administrator may modify the requirements of subsection (b)(2)(A) of this section with respect to any point source for which a permit application is filed after July 1, 1977 (d) Review and revision of effluent limitations Any effluent limitation required by paragraph (2) of subsection (b) of this section shall be reviewed at least every five years and, if appropriate, revised pursuant to the procedure established under such paragraph. (e) All point discharge source application of effluent limitations Effluent limitations established pursuant to this section or section 1312 of this title (f) Illegality of discharge of radiological, chemical, or biological warfare agents, high-level radioactive waste, or medical waste Notwithstanding any other provisions of this chapter it shall be unlawful to discharge any radiological, chemical, or biological warfare agent, any high-level radioactive waste, or any medical waste, into the navigable waters. (g) Modifications for certain nonconventional pollutants (1) General authority The Administrator, with the concurrence of the State, may modify the requirements of subsection (b)(2)(A) of this section with respect to the discharge from any point source of ammonia, chlorine, color, iron, and total phenols (4AAP) (when determined by the Administrator to be a pollutant covered by subsection (b)(2)(F)) and any other pollutant which the Administrator lists under paragraph (4) of this subsection. (2) Requirements for granting modifications A modification under this subsection shall be granted only upon a showing by the owner or operator of a point source satisfactory to the Administrator that (A) such modified requirements will result at a minimum in compliance with the requirements of subsection (b)(1)(A) or (C) of this section, whichever is applicable; (B) such modified requirements will not result in any additional requirements on any other point or nonpoint source; and (C) such modification will not interfere with the attainment or maintenance of that water quality which shall assure protection of public water supplies, and the protection and propagation of a balanced population of shellfish, fish, and wildlife, and allow recreational activities, in and on the water and such modification will not result in the discharge of pollutants in quantities which may reasonably be anticipated to pose an unacceptable risk to human health or the environment because of bioaccumulation, persistency in the environment, acute toxicity, chronic toxicity (including carcinogenicity, mutagenicity or teratogenicity), or synergistic propensities. (3) Limitation on authority to apply for subsection (c) modification If an owner or operator of a point source applies for a modification under this subsection with respect to the discharge of any pollutant, such owner or operator shall be eligible to apply for modification under subsection (c) of this section with respect to such pollutant only during the same time period as he is eligible to apply for a modification under this subsection. (4) Procedures for listing additional pollutants (A) General authority Upon petition of any person, the Administrator may add any pollutant to the list of pollutants for which modification under this section is authorized (except for pollutants identified pursuant to section 1314(a)(4) of this title section 1317(a) of this title (B) Requirements for listing (i) Sufficient information The person petitioning for listing of an additional pollutant under this subsection shall submit to the Administrator sufficient information to make the determinations required by this subparagraph. (ii) Toxic criteria determination The Administrator shall determine whether or not the pollutant meets the criteria for listing as a toxic pollutant under section 1317(a) of this title (iii) Listing as toxic pollutant If the Administrator determines that the pollutant meets the criteria for listing as a toxic pollutant under section 1317(a) of this title section 1317(a) of this title (iv) Nonconventional criteria determination If the Administrator determines that the pollutant does not meet the criteria for listing as a toxic pollutant under such section and determines that adequate test methods and sufficient data are available to make the determinations required by paragraph (2) of this subsection with respect to the pollutant, the Administrator shall add the pollutant to the list of pollutants specified in paragraph (1) of this subsection for which modifications are authorized under this subsection. (C) Requirements for filing of petitions A petition for listing of a pollutant under this paragraph (i) must be filed not later than 270 days after the date of promulgation of an applicable effluent guideline under section 1314 of this title (ii) may be filed before promulgation of such guideline; and (iii) may be filed with an application for a modification under paragraph (1) with respect to the discharge of such pollutant. (D) Deadline for approval of petition A decision to add a pollutant to the list of pollutants for which modifications under this subsection are authorized must be made within 270 days after the date of promulgation of an applicable effluent guideline under section 1314 of this title (E) Burden of proof The burden of proof for making the determinations under subparagraph (B) shall be on the petitioner. (5) Removal of pollutants The Administrator may remove any pollutant from the list of pollutants for which modifications are authorized under this subsection if the Administrator determines that adequate test methods and sufficient data are no longer available for determining whether or not modifications may be granted with respect to such pollutant under paragraph (2) of this subsection. (h) Modification of secondary treatment requirements The Administrator, with the concurrence of the State, may issue a permit under section 1342 of this title (1) there is an applicable water quality standard specific to the pollutant for which the modification is requested, which has been identified under section 1314(a)(6) of this title (2) the discharge of pollutants in accordance with such modified requirements will not interfere, alone or in combination with pollutants from other sources, with the attainment or maintenance of that water quality which assures protection of public water supplies and the protection and propagation of a balanced, indigenous population of shellfish, fish, and wildlife, and allows recreational activities, in and on the water; (3) the applicant has established a system for monitoring the impact of such discharge on a representative sample of aquatic biota, to the extent practicable, and the scope of such monitoring is limited to include only those scientific investigations which are necessary to study the effects of the proposed discharge; (4) such modified requirements will not result in any additional requirements on any other point or nonpoint source; (5) all applicable pretreatment requirements for sources introducing waste into such treatment works will be enforced; (6) in the case of any treatment works serving a population of 50,000 or more, with respect to any toxic pollutant introduced into such works by an industrial discharger for which pollutant there is no applicable pretreatment requirement in effect, sources introducing waste into such works are in compliance with all applicable pretreatment requirements, the applicant will enforce such requirements, and the applicant has in effect a pretreatment program which, in combination with the treatment of discharges from such works, removes the same amount of such pollutant as would be removed if such works were to apply secondary treatment to discharges and if such works had no pretreatment program with respect to such pollutant; (7) to the extent practicable, the applicant has established a schedule of activities designed to eliminate the entrance of toxic pollutants from nonindustrial sources into such treatment works; (8) there will be no new or substantially increased discharges from the point source of the pollutant to which the modification applies above that volume of discharge specified in the permit; (9) the applicant at the time such modification becomes effective will be discharging effluent which has received at least primary or equivalent treatment and which meets the criteria established under section 1314(a)(1) of this title For the purposes of this subsection the phrase the discharge of any pollutant into marine waters refers to a discharge into deep waters of the territorial sea or the waters of the contiguous zone, or into saline estuarine waters where there is strong tidal movement and other hydrological and geological characteristics which the Administrator determines necessary to allow compliance with paragraph (2) of this subsection, and section 1251(a)(2) of this title (i) Municipal time extensions (1) Where construction is required in order for a planned or existing publicly owned treatment works to achieve limitations under subsection (b)(1)(B) or (b)(1)(C) of this section, but (A) construction cannot be completed within the time required in such subsection, or (B) the United States has failed to make financial assistance under this chapter available in time to achieve such limitations by the time specified in such subsection, the owner or operator of such treatment works may request the Administrator (or if appropriate the State) to issue a permit pursuant to section 1342 of this title February 4, 1987 July 1, 1988 section 1281 of this title section 1317 of this title (2) (A) Where a point source (other than a publicly owned treatment works) will not achieve the requirements of subsections (b)(1)(A) and (b)(1)(C) of this section and (i) if a permit issued prior to July 1, 1977 (ii) if such point source (other than a publicly owned treatment works) had before July 1, 1977 (iii) if either an application made before July 1, 1977 July 1, 1977 and such publicly owned treatment works is presently unable to accept such discharge without construction, and in the case of a discharge to an existing publicly owned treatment works, such treatment works has an extension pursuant to paragraph (1) of this subsection, the owner or operator of such point source may request the Administrator (or if appropriate the State) to issue or modify such a permit pursuant to such section 1342 of this title December 27, 1977 (B) No time modification granted by the Administrator (or if appropriate the State) pursuant to paragraph (2)(A) of this subsection shall extend beyond the earliest date practicable for compliance or beyond the date of any extension granted to the appropriate publicly owned treatment works pursuant to paragraph (1) of this subsection, but in no event shall it extend beyond July 1, 1988 July 1, 1988 section 1284 of this title (j) Modification procedures (1) Any application filed under this section for a modification of the provisions of (A) subsection (b)(1)(B) under subsection (h) of this section shall be filed not later that 1 1 December 29, 1981 December 31, 1982 February 4, 1987 (B) subsection (b)(2)(A) as it applies to pollutants identified in subsection (b)(2)(F) shall be filed not later than 270 days after the date of promulgation of an applicable effluent guideline under section 1314 of this title December 27, 1977 (2) Subject to paragraph (3) of this section, any application for a modification filed under subsection (g) of this section shall not operate to stay any requirement under this chapter, unless in the judgment of the Administrator such a stay or the modification sought will not result in the discharge of pollutants in quantities which may reasonably be anticipated to pose an unacceptable risk to human health or the environment because of bioaccumulation, persistency in the environment, acute toxicity, chronic toxicity (including carcinogenicity, mutagenicity, or teratogenicity), or synergistic propensities, and that there is a substantial likelihood that the applicant will succeed on the merits of such application. In the case of an application filed under subsection (g) of this section, the Administrator may condition any stay granted under this paragraph on requiring the filing of a bond or other appropriate security to assure timely compliance with the requirements from which a modification is sought. (3)  Compliance requirements under subsection (A)  Effect of filing An application for a modification under subsection (g) and a petition for listing of a pollutant as a pollutant for which modifications are authorized under such subsection shall not stay the requirement that the person seeking such modification or listing comply with effluent limitations under this chapter for all pollutants not the subject of such application or petition. (B)  Effect of disapproval Disapproval of an application for a modification under subsection (g) shall not stay the requirement that the person seeking such modification comply with all applicable effluent limitations under this chapter. (4)  Deadline for subsection decision An application for a modification with respect to a pollutant filed under subsection (g) must be approved or disapproved not later than 365 days after the date of such filing; except that in any case in which a petition for listing such pollutant as a pollutant for which modifications are authorized under such subsection is approved, such application must be approved or disapproved not later than 365 days after the date of approval of such petition. (5)  Extension of application deadline. (A)  In general In the 180-day period beginning on October 31, 1994 (B)  Application An application under this paragraph shall include a commitment by the applicant to implement a waste water reclamation program that, at a minimum, will (i) achieve a system capacity of 45,000,000 gallons of reclaimed waste water per day by January 1, 2010 (ii) result in a reduction in the quantity of suspended solids discharged by the applicant into the marine environment during the period of the modification. (C)  Additional conditions The Administrator may not grant a modification pursuant to an application submitted under this paragraph unless the Administrator determines that such modification will result in removal of not less than 58 percent of the biological oxygen demand (on an annual average) and not less than 80 percent of total suspended solids (on a monthly average) in the discharge to which the application applies. (D)  Preliminary decision deadline The Administrator shall announce a preliminary decision on an application submitted under this paragraph not later than 1 year after the date the application is submitted. (k) Innovative technology In the case of any facility subject to a permit under section 1342 of this title section 1342 of this title (l) Toxic pollutants Other than as provided in subsection (n) of this section, the Administrator may not modify any requirement of this section as it applies to any specific pollutant which is on the toxic pollutant list under section 1317(a)(1) of this title (m) Modification of effluent limitation requirements for point sources (1) The Administrator, with the concurrence of the State, may issue a permit under section 1342 of this title section 1343 of this title (A) the facility for which modification is sought is covered at the time of the enactment of this subsection by National Pollutant Discharge Elimination System permit number CA0005894 or CA0005282; (B) the energy and environmental costs of meeting such requirements of subsections (b)(1)(A) and (b)(2)(E) and section 1343 of this title (C) the applicant has established a system for monitoring the impact of such discharges on a representative sample of aquatic biota; (D) such modified requirements will not result in any additional requirements on any other point or nonpoint source; (E) there will be no new or substantially increased discharges from the point source of the pollutant to which the modification applies above that volume of discharge specified in the permit; (F) the discharge is into waters where there is strong tidal movement and other hydrological and geological characteristics which are necessary to allow compliance with this subsection and section 1251(a)(2) of this title (G) the applicant accepts as a condition to the permit a contractural 2 2 (H) the facts and circumstances present a unique situation which, if relief is granted, will not establish a precedent or the relaxation of the requirements of this chapter applicable to similarly situated discharges; and (I) no owner or operator of a facility comparable to that of the applicant situated in the United States has demonstrated that it would be put at a competitive disadvantage to the applicant (or the parent company or any subsidiary thereof) as a result of the issuance of a permit under this subsection. (2) The effluent limitations established under a permit issued under paragraph (1) shall be sufficient to implement the applicable State water quality standards, to assure the protection of public water supplies and protection and propagation of a balanced, indigenous population of shellfish, fish, fauna, wildlife, and other aquatic organisms, and to allow recreational activities in and on the water. In setting such limitations, the Administrator shall take into account any seasonal variations and the need for an adequate margin of safety, considering the lack of essential knowledge concerning the relationship between effluent limitations and water quality and the lack of essential knowledge of the effects of discharges on beneficial uses of the receiving waters. (3) A permit under this subsection may be issued for a period not to exceed five years, and such a permit may be renewed for one additional period not to exceed five years upon a demonstration by the applicant and a finding by the Administrator at the time of application for any such renewal that the provisions of this subsection are met. (4) The Administrator may terminate a permit issued under this subsection if the Administrator determines that there has been a decline in ambient water quality of the receiving waters during the period of the permit even if a direct cause and effect relationship cannot be shown: Provided (n) Fundamentally different factors (1) General rule The Administrator, with the concurrence of the State, may establish an alternative requirement under subsection (b)(2) or section 1317(b) of this title (A) the facility is fundamentally different with respect to the factors (other than cost) specified in section 1314(b) or 1314(g) of this title and considered by the Administrator in establishing such national effluent limitation guidelines or categorical pretreatment standards; (B) the application (i) is based solely on information and supporting data submitted to the Administrator during the rulemaking for establishment of the applicable national effluent limitation guidelines or categorical pretreatment standard specifically raising the factors that are fundamentally different for such facility; or (ii) is based on information and supporting data referred to in clause (i) and information and supporting data the applicant did not have a reasonable opportunity to submit during such rulemaking; (C) the alternative requirement is no less stringent than justified by the fundamental difference; and (D) the alternative requirement will not result in a non-water quality environmental impact which is markedly more adverse than the impact considered by the Administrator in establishing such national effluent limitation guideline or categorical pretreatment standard. (2) Time limit for applications An application for an alternative requirement which modifies the requirements of an effluent limitation or pretreatment standard under this subsection must be submitted to the Administrator within 180 days after the date on which such limitation or standard is established or revised, as the case may be. (3) Time limit for decision The Administrator shall approve or deny by final agency action an application submitted under this subsection within 180 days after the date such application is filed with the Administrator. (4) Submission of information The Administrator may allow an applicant under this subsection to submit information and supporting data until the earlier of the date the application is approved or denied or the last day that the Administrator has to approve or deny such application. (5) Treatment of pending applications For the purposes of this subsection, an application for an alternative requirement based on fundamentally different factors which is pending on February 4, 1987 February 4, 1987 (6) Effect of submission of application An application for an alternative requirement under this subsection shall not stay the applicants obligation to comply with the effluent limitation guideline or categorical pretreatment standard which is the subject of the application. (7) Effect of denial If an application for an alternative requirement which modifies the requirements of an effluent limitation or pretreatment standard under this subsection is denied by the Administrator, the applicant must comply with such limitation or standard as established or revised, as the case may be. (8) Reports By January 1, 1997 section 1317(b) of this title February 4, 1987 (o) Application fees The Administrator shall prescribe and collect from each applicant fees reflecting the reasonable administrative costs incurred in reviewing and processing applications for modifications submitted to the Administrator pursuant to subsections (c), (g), (i), (k), (m), and (n) of this section, section 1314(d)(4) of this title section 1326(a) of this title (p) Modified permit for coal remining operations (1) In general Subject to paragraphs (2) through (4) of this subsection, the Administrator, or the State in any case which the State has an approved permit program under section 1342(b) of this title section 1342 of this title (2) Limitations The Administrator or the State may only issue a permit pursuant to paragraph (1) if the applicant demonstrates to the satisfaction of the Administrator or the State, as the case may be, that the coal remining operation will result in the potential for improved water quality from the remining operation but in no event shall such a permit allow the pH level of any discharge, and in no event shall such a permit allow the discharges of iron and manganese, to exceed the levels being discharged from the remined area before the coal remining operation begins. No discharge from, or affected by, the remining operation shall exceed State water quality standards established under section 1313 of this title (3) Definitions For purposes of this subsection (A) Coal remining operation The term coal remining operation means a coal mining operation which begins after February 4, 1987 August 3, 1977 (B) Remined area The term remined area means only that area of any coal remining operation on which coal mining was conducted before August 3, 1977 (C) Pre-existing discharge The term pre-existing discharge means any discharge at the time of permit application under this subsection. (4) Applicability of strip mining laws Nothing in this subsection shall affect the application of the Surface Mining Control and Reclamation Act of 1977 [ 30 U.S.C. 1201 ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 844 Pub. L. 95217 Dec. 27, 1977 91 Stat. 15821586 Pub. L. 97117 Dec. 29, 1981 95 Stat. 1631 Pub. L. 97440 Jan. 8, 1983 96 Stat. 2289 Pub. L. 1004, title III Feb. 4, 1987 101 Stat. 2937 Pub. L. 100688, title III,  3202(b) Nov. 18, 1988 102 Stat. 4154 Pub. L. 103431,  2 Oct. 31, 1994 108 Stat. 4396 Pub. L. 10466, title II,  2021(b) Dec. 21, 1995 109 Stat. 727  Editorial Notes  References in Text The Surface Mining Control and Reclamation Act of 1977, referred to in subsec. (p)(4), is Pub. L. 9587 Aug. 3, 1977 91 Stat. 445 section 1201 of Title 30 Amendments 1995Subsec. (n)(8). Pub. L. 10466 January 1, 1997 February 4, 1987 1994Subsec. (j)(1)(A). Pub. L. 103431,  2(1) Subsec. (j)(5). Pub. L. 103431,  2(2) 1988Subsec. (f). Pub. L. 100688 1987Subsec. (b)(2)(C). Pub. L. 1004,  301(a) July 1, 1984 section 1314(b) of this title March 31, 1989 Subsec. (b)(2)(D). Pub. L. 1004,  301(b) section 1314(b) of this title March 31, 1989 Subsec. (b)(2)(E). Pub. L. 1004,  301(c) section 1314(b) of this title March 31, 1989 July 1, 1984 Subsec. (b)(2)(F). Pub. L. 1004,  301(d) March 31, 1989 July 1, 1984 July 1, 1987 Subsec. (b)(3). Pub. L. 1004,  301(e) Subsec. (g)(1). Pub. L. 1004,  302(a) section 1314(a)(4) of this title section 1317(a) of this title Subsec. (g)(2). Pub. L. 1004,  302(a) Subsec. (g)(3). Pub. L. 1004,  302(a) Subsec. (g)(4), (5). Pub. L. 1004,  302(b) Subsec. (h). Pub. L. 1004,  303(d)(2) Subsec. (h)(2). Pub. L. 1004,  303(a) Subsec. (h)(3). Pub. L. 1004,  303(b)(1) Subsec. (h)(6) to (9). Pub. L. 1004,  303(c) Subsec. (i)(1). Pub. L. 1004,  304(a) February 4, 1987 December 27, 1977 Subsec. (j)(1)(A). Pub. L. 1004,  303(f) December 31, 1982 February 4, 1987 Subsec. (j)(2). Pub. L. 1004,  302(c)(1) Subsec. (j)(3), (4). Pub. L. 1004,  302(c)(2) Subsec. (k). Pub. L. 1004,  305 July 1, 1987 Subsec. ( l Pub. L. 1004,  306(b) Subsecs. (n), ( o Pub. L. 1004,  306(a) o Subsec. (p). Pub. L. 1004,  307 1983Subsec. (m). Pub. L. 97440 1981Subsec. (b)(2)(B). Pub. L. 97117,  21(b) July 1, 1983 section 1281(g)(2)(A) of this title Subsec. (h). Pub. L. 97117,  22(a) Subsec. (i)(1), (2)(B). Pub. L. 97117,  21(a) July 1, 1988 July 1, 1983 July 1, 1983 July 1, 1988 July 1, 1983 July 1, 1988 Pub. L. 97117 Subsec. (j)(1)(A). Pub. L. 97117,  22(d) December 29, 1981 December 27, 1977 1977Subsec. (b)(2)(A). Pub. L. 95217,  42(b) July 1, 1983 Subsec. (b)(2)(C) to (F). Pub. L. 95217,  42(a) Subsec. (g). Pub. L. 95217,  43 Subsec. (h). Pub. L. 95217,  44 Subsec. (i). Pub. L. 95217,  45 Subsec. (j). Pub. L. 95217,  46 Subsec. (k). Pub. L. 95217,  47 Subsec. ( l Pub. L. 95217,  53(c) l Statutory Notes and Related Subsidiaries  Change of Name Committee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 10414 section 21 of Title 2 Effective Date of 1987 Amendment Pub. L. 1004, title III,  302(e) Feb. 4, 1987 101 Stat. 32  (1)  General rule Except as provided in paragraph (2), the amendments made by this section [amending this section] shall apply to all requests for modifications under section 301(g) of the Federal Water Pollution Control Act [ 33 U.S.C. 1311(g) Feb. 4, 1987 (2)  Exception The amendments made by this section shall not affect any application for a modification with respect to the discharge of ammonia, chlorine, color, iron, or total phenols (4AAP) under section 301(g) of the Federal Water Pollution Control Act pending on the date of the enactment of this Act; except that the Administrator must approve or disapprove such application not later than 365 days after the date of such enactment. Pub. L. 1004, title III,  303(b)(2) Feb. 4, 1987 101 Stat. 33 The amendment made by subsection (b) [amending this section] shall only apply to modifications and renewals of modifications which are tentatively or finally approved after the date of the enactment of this Act [ Feb. 4, 1987 Pub. L. 1004, title III,  303(g) Feb. 4, 1987 101 Stat. 34 The amendments made by subsections (a), (c), (d), and (e) of this section [amending this section] shall not apply to an application for a permit under section 301(h) of the Federal Water Pollution Control Act [ 33 U.S.C. 1311(h) Feb. 4, 1987 Pub. L. 1004, title III,  304(b) Feb. 4, 1987 101 Stat. 34 The amendment made by subsection (a) [amending this section] shall not apply to those treatment works which are subject to a compliance schedule established before the date of the enactment of this Act [ Feb. 4, 1987 Effective Date of 1981 Amendment Pub. L. 97117,  22(e) Dec. 29, 1981 95 Stat. 1632 The amendments made by this section [amending this section] shall take effect on the date of enactment of this Act [ Dec. 29, 1981 33 U.S.C. 1311(h) 33 U.S.C. 1311(b)(1)(B) Regulations Pub. L. 1004, title III,  301(f) Feb. 4, 1987 101 Stat. 30  The Administrator shall promulgate final regulations establishing effluent limitations in accordance with sections 301(b)(2)(A) and 307(b)(1) of the Federal Water Pollution Control Act [ 33 U.S.C. 1311(b)(2)(A)     Category Date by which the final regulation shall be promulgated  Organic chemicals and plastics and synthetic fibers December 31, 1986 Pesticides December 31, 1986 Phosphate Fertilizer Effluent Limitation Amendment by section 306(a), (b) of Pub. L. 1004 section 1342(a)(1)(B) of this title section 1314 of this title section 1342(a)(1)(B) of this title section 306(c) of Pub. L. 1004 section 1342 of this title Discharges From Point Sources in United States Virgin Islands Attributable to Manufacture of Rum; Exemption From Federal Water Pollution Control Requirements; Conditions Pub. L. 9867, title II,  214(g) Aug. 5, 1983 97 Stat. 393 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095  Any discharge from a point source in the United States Virgin Islands in existence on the date of the enactment of this subsection [ Aug. 5, 1983 26 U.S.C. 7652(c)(3) 33 U.S.C. 1311 (1) such discharge occurs at least one thousand five hundred feet into the territorial sea from the line of ordinary low water from that portion of the coast which is in direct contact with the sea, and (2) the Governor of the United States Virgin Islands determines that such discharge will not interfere with the attainment or maintenance of that water quality which shall assure protection of public water supplies, and the protection and propagation of a balanced population of shellfish, fish, and wildlife, and allow recreational activities, in and on the water and will not result in the discharge of pollutants in quantities which may reasonably be anticipated to pose an unacceptable risk to human health or the environment because of bioaccumulation, persistency in the environment, acute toxicity, chronic toxicity (including carcinogenicity, mutagenicity, or teratogenicity), or synergistic propensities. Certain Municipal Compliance Deadlines Unaffected; Exception Pub. L. 97117,  21(a) Dec. 29, 1981 95 Stat. 1631 The amendment made by this subsection [amending this section] shall not be interpreted or applied to extend the date for compliance with section 301(b)(1)(B) or (C) of the Federal Water Pollution Control Act [ 33 U.S.C. 1311(b)(1)(B) Dec. 29, 1981 Pub. L. 97117 section 1251 of this title July 1, 1983 Executive Documents  Territorial Sea and Contiguous Zone of United States For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No. 7219, respectively, set out as notes under section 1331 of Title 43  1312. Water quality related effluent limitations (a) Establishment Whenever, in the judgment of the Administrator or as identified under section 1314( l section 1311(b)(2) of this title (b) Modifications of effluent limitations (1) Notice and hearing Prior to establishment of any effluent limitation pursuant to subsection (a) of this section, the Administrator shall publish such proposed limitation and within 90 days of such publication hold a public hearing. (2) Permits (A) No reasonable relationship The Administrator, with the concurrence of the State, may issue a permit which modifies the effluent limitations required by subsection (a) of this section for pollutants other than toxic pollutants if the applicant demonstrates at such hearing that (whether or not technology or other alternative control strategies are available) there is no reasonable relationship between the economic and social costs and the benefits to be obtained (including attainment of the objective of this chapter) from achieving such limitation. (B) Reasonable progress The Administrator, with the concurrence of the State, may issue a permit which modifies the effluent limitations required by subsection (a) of this section for toxic pollutants for a single period not to exceed 5 years if the applicant demonstrates to the satisfaction of the Administrator that such modified requirements (i) will represent the maximum degree of control within the economic capability of the owner and operator of the source, and (ii) will result in reasonable further progress beyond the requirements of section 1311(b)(2) of this title (c) Delay in application of other limitations The establishment of effluent limitations under this section shall not operate to delay the application of any effluent limitation established under section 1311 of this title ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 846 Pub. L. 1004, title III,  308(e) Feb. 4, 1987 101 Stat. 39  Editorial Notes Amendments 1987Subsec. (a). Pub. L. 1004,  308(e)(2) l Subsec. (b). Pub. L. 1004,  308(e)(1) (1) Prior to establishment of any effluent limitation pursuant to subsection (a) of this section, the Administrator shall issue notice of intent to establish such limitation and within ninety days of such notice hold a public hearing to determine the relationship of the economic and social costs of achieving any such limitation or limitations, including any economic or social dislocation in the affected community or communities, to the social and economic benefits to be obtained (including the attainment of the objective of this chapter) and to determine whether or not such effluent limitations can be implemented with available technology or other alternative control strategies. (2) If a person affected by such limitation demonstrates at such hearing that (whether or not such technology or other alternative control strategies are available) there is no reasonable relationship between the economic and social costs and the benefits to be obtained (including attainment of the objective of this chapter), such limitation shall not become effective and the Administrator shall adjust such limitation as it applies to such person.  1313. Water quality standards and implementation plans (a) Existing water quality standards (1) In order to carry out the purpose of this chapter, any water quality standard applicable to interstate waters which was adopted by any State and submitted to, and approved by, or is awaiting approval by, the Administrator pursuant to this Act as in effect immediately prior to October 18, 1972 October 18, 1972 October 18, 1972 (2) Any State which, before October 18, 1972 October 18, 1972 October 18, 1972 (3) (A) Any State which prior to October 18, 1972 October 18, 1972 (B) If the Administrator determines that any such standards are consistent with the applicable requirements of this Act as in effect immediately prior to October 18, 1972 (C) If the Administrator determines that any such standards are not consistent with the applicable requirements of this Act as in effect immediately prior to October 18, 1972 (b) Proposed regulations (1) The Administrator shall promptly prepare and publish proposed regulations setting forth water quality standards for a State in accordance with the applicable requirements of this Act as in effect immediately prior to October 18, 1972 (A) the State fails to submit water quality standards within the times prescribed in subsection (a) of this section. (B) a water quality standard submitted by such State under subsection (a) of this section is determined by the Administrator not to be consistent with the applicable requirements of subsection (a) of this section. (2) The Administrator shall promulgate any water quality standard published in a proposed regulation not later than one hundred and ninety days after the date he publishes any such proposed standard, unless prior to such promulgation, such State has adopted a water quality standard which the Administrator determines to be in accordance with subsection (a) of this section. (c) Review; revised standards; publication (1) The Governor of a State or the State water pollution control agency of such State shall from time to time (but at least once each three year period beginning with October 18, 1972 (2) (A) Whenever the State revises or adopts a new standard, such revised or new standard shall be submitted to the Administrator. Such revised or new water quality standard shall consist of the designated uses of the navigable waters involved and the water quality criteria for such waters based upon such uses. Such standards shall be such as to protect the public health or welfare, enhance the quality of water and serve the purposes of this chapter. Such standards shall be established taking into consideration their use and value for public water supplies, propagation of fish and wildlife, recreational purposes, and agricultural, industrial, and other purposes, and also taking into consideration their use and value for navigation. (B) Whenever a State reviews water quality standards pursuant to paragraph (1) of this subsection, or revises or adopts new standards pursuant to this paragraph, such State shall adopt criteria for all toxic pollutants listed pursuant to section 1317(a)(1) of this title section 1314(a) of this title section 1314(a)(8) of this title (3) If the Administrator, within sixty days after the date of submission of the revised or new standard, determines that such standard meets the requirements of this chapter, such standard shall thereafter be the water quality standard for the applicable waters of that State. If the Administrator determines that any such revised or new standard is not consistent with the applicable requirements of this chapter, he shall not later than the ninetieth day after the date of submission of such standard notify the State and specify the changes to meet such requirements. If such changes are not adopted by the State within ninety days after the date of notification, the Administrator shall promulgate such standard pursuant to paragraph (4) of this subsection. (4) The Administrator shall promptly prepare and publish proposed regulations setting forth a revised or new water quality standard for the navigable waters involved (A) if a revised or new water quality standard submitted by such State under paragraph (3) of this subsection for such waters is determined by the Administrator not to be consistent with the applicable requirements of this chapter, or (B) in any case where the Administrator determines that a revised or new standard is necessary to meet the requirements of this chapter. The Administrator shall promulgate any revised or new standard under this paragraph not later than ninety days after he publishes such proposed standards, unless prior to such promulgation, such State has adopted a revised or new water quality standard which the Administrator determines to be in accordance with this chapter. (d) Identification of areas with insufficient controls; maximum daily load; certain effluent limitations revision (1) (A) Each State shall identify those waters within its boundaries for which the effluent limitations required by section 1311(b)(1)(A) and section 1311(b)(1)(B) of this title (B) Each State shall identify those waters or parts thereof within its boundaries for which controls on thermal discharges under section 1311 of this title (C) Each State shall establish for the waters identified in paragraph (1)(A) of this subsection, and in accordance with the priority ranking, the total maximum daily load, for those pollutants which the Administrator identifies under section 1314(a)(2) of this title (D) Each State shall estimate for the waters identified in paragraph (1)(B) of this subsection the total maximum daily thermal load required to assure protection and propagation of a balanced, indigenous population of shellfish, fish, and wildlife. Such estimates shall take into account the normal water temperatures, flow rates, seasonal variations, existing sources of heat input, and the dissipative capacity of the identified waters or parts thereof. Such estimates shall include a calculation of the maximum heat input that can be made into each such part and shall include a margin of safety which takes into account any lack of knowledge concerning the development of thermal water quality criteria for such protection and propagation in the identified waters or parts thereof. (2) Each State shall submit to the Administrator from time to time, with the first such submission not later than one hundred and eighty days after the date of publication of the first identification of pollutants under section 1314(a)(2)(D) of this title (3) For the specific purpose of developing information, each State shall identify all waters within its boundaries which it has not identified under paragraph (1)(A) and (1)(B) of this subsection and estimate for such waters the total maximum daily load with seasonal variations and margins of safety, for those pollutants which the Administrator identifies under section 1314(a)(2) of this title (4)  Limitations on revision of certain effluent limitations. (A)  Standard not attained For waters identified under paragraph (1)(A) where the applicable water quality standard has not yet been attained, any effluent limitation based on a total maximum daily load or other waste load allocation established under this section may be revised only if (i) the cumulative effect of all such revised effluent limitations based on such total maximum daily load or waste load allocation will assure the attainment of such water quality standard, or (ii) the designated use which is not being attained is removed in accordance with regulations established under this section. (B)  Standard attained For waters identified under paragraph (1)(A) where the quality of such waters equals or exceeds levels necessary to protect the designated use for such waters or otherwise required by applicable water quality standards, any effluent limitation based on a total maximum daily load or other waste load allocation established under this section, or any water quality standard established under this section, or any other permitting standard may be revised only if such revision is subject to and consistent with the antidegradation policy established under this section. (e) Continuing planning process (1) Each State shall have a continuing planning process approved under paragraph (2) of this subsection which is consistent with this chapter. (2) Each State shall submit not later than 120 days after October 18, 1972 (3) The Administrator shall approve any continuing planning process submitted to him under this section which will result in plans for all navigable waters within such State, which include, but are not limited to, the following: (A) effluent limitations and schedules of compliance at least as stringent as those required by section 1311(b)(1), section 1311(b)(2), section 1316, and section 1317 of this title (B) the incorporation of all elements of any applicable area-wide waste management plans under section 1288 of this title section 1289 of this title (C) total maximum daily load for pollutants in accordance with subsection (d) of this section; (D) procedures for revision; (E) adequate authority for intergovernmental cooperation; (F) adequate implementation, including schedules of compliance, for revised or new water quality standards, under subsection (c) of this section; (G) controls over the disposition of all residual waste from any water treatment processing; (H) an inventory and ranking, in order of priority, of needs for construction of waste treatment works required to meet the applicable requirements of sections 1311 and 1312 of this title. (f) Earlier compliance Nothing in this section shall be construed to affect any effluent limitation, or schedule of compliance required by any State to be implemented prior to the dates set forth in sections 1311(b)(1) and 1311(b)(2) of this title nor to preclude any State from requiring compliance with any effluent limitation or schedule of compliance at dates earlier than such dates. (g) Heat standards Water quality standards relating to heat shall be consistent with the requirements of section 1326 of this title (h) Thermal water quality standards For the purposes of this chapter the term water quality standards includes thermal water quality standards. (i) Coastal recreation water quality criteria (1) Adoption by States (A) Initial criteria and standards Not later than 42 months after October 10, 2000 section 1314(a) of this title (B) New or revised criteria and standards Not later than 36 months after the date of publication by the Administrator of new or revised water quality criteria under section 1314(a)(9) of this title (2) Failure of States to adopt (A) In general If a State fails to adopt water quality criteria and standards in accordance with paragraph (1)(A) that are as protective of human health as the criteria for pathogens and pathogen indicators for coastal recreation waters published by the Administrator, the Administrator shall promptly propose regulations for the State setting forth revised or new water quality standards for pathogens and pathogen indicators described in paragraph (1)(A) for coastal recreation waters of the State. (B) Exception If the Administrator proposes regulations for a State described in subparagraph (A) under subsection (c)(4)(B), the Administrator shall publish any revised or new standard under this subsection not later than 42 months after October 10, 2000 (3) Applicability Except as expressly provided by this subsection, the requirements and procedures of subsection (c) apply to this subsection, including the requirement in subsection (c)(2)(A) that the criteria protect public health and welfare. ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 846 Pub. L. 1004, title III,  308(d) Feb. 4, 1987 101 Stat. 39 Pub. L. 106284,  2 Oct. 10, 2000 114 Stat. 870  Editorial Notes  References in Text This Act, referred to in subsecs. (a)(1), (2), (3)(B), (C) and (b)(1), means act June 30, 1948, ch. 758 62 Stat. 1155 June 30, 1948 Oct. 18, 1972 Pub. L. 92500 86 Stat. 816 Act June 30, 1948, ch. 758 Oct. 18, 1972 Pub. L. 92500 86 Stat. 816 Amendments 2000Subsec. (i). Pub. L. 106284 1987Subsec. (c)(2). Pub. L. 1004,  308(d) Subsec. (d)(4). Pub. L. 1004,  404(b)  1313a. Revised water quality standards  The review, revision, and adoption or promulgation of revised or new water quality standards pursuant to section 303(c) of the Federal Water Pollution Control Act [ 33 U.S.C. 1313(c) December 29, 1981 33 U.S.C. 1281 ( Pub. L. 97117,  24 Dec. 29, 1981 95 Stat. 1632  Editorial Notes  References in Text The Federal Water Pollution Control Act, referred to in text, is act June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 816 section 1251 of this title Codification Section was enacted as part of the Municipal Wastewater Treatment Construction Grant Amendments of 1981, and not as part of the Federal Water Pollution Control Act which comprises this chapter.  1314. Information and guidelines (a) Criteria development and publication (1) The Administrator, after consultation with appropriate Federal and State agencies and other interested persons, shall develop and publish, within one year after October 18, 1972 (2) The Administrator, after consultation with appropriate Federal and State agencies and other interested persons, shall develop and publish, within one year after October 18, 1972 section 1313 of this title (3) Such criteria and information and revisions thereof shall be issued to the States and shall be published in the Federal Register and otherwise made available to the public. (4) The Administrator shall, within 90 days after December 27, 1977 (5) (A) The Administrator, to the extent practicable before consideration of any request under section 1311(g) of this title December 27, 1977 (B) The Administrator, to the extent practicable before consideration of any application under section 1311(h) of this title December 27, 1977 (6) The Administrator shall, within three months after December 27, 1977 section 1311(h) of this title (7)  Guidance to states The Administrator, after consultation with appropriate State agencies and on the basis of criteria and information published under paragraphs (1) and (2) of this subsection, shall develop and publish, within 9 months after February 4, 1987 l (8)  Information on water quality criteria The Administrator, after consultation with appropriate State agencies and within 2 years after February 4, 1987 (9)  Revised criteria for coastal recreation waters. (A)  In general Not later than 5 years after October 10, 2000 section 1254(v) of this title (B)  Reviews Not later than the date that is 5 years after the date of publication of water quality criteria under this paragraph, and at least once every 5 years thereafter, the Administrator shall review and, as necessary, revise the water quality criteria. (b) Effluent limitation guidelines For the purpose of adopting or revising effluent limitations under this chapter the Administrator shall, after consultation with appropriate Federal and State agencies and other interested persons, publish within one year of October 18, 1972 (1) (A) identify, in terms of amounts of constituents and chemical, physical, and biological characteristics of pollutants, the degree of effluent reduction attainable through the application of the best practicable control technology currently available for classes and categories of point sources (other than publicly owned treatment works); and (B) specify factors to be taken into account in determining the control measures and practices to be applicable to point sources (other than publicly owned treatment works) within such categories or classes. Factors relating to the assessment of best practicable control technology currently available to comply with subsection (b)(1) of section 1311 of this title (2) (A) identify, in terms of amounts of constituents and chemical, physical, and biological characteristics of pollutants, the degree of effluent reduction attainable through the application of the best control measures and practices achievable including treatment techniques, process and procedure innovations, operating methods, and other alternatives for classes and categories of point sources (other than publicly owned treatment works); and (B) specify factors to be taken into account in determining the best measures and practices available to comply with subsection (b)(2) of section 1311 of this title (3) identify control measures and practices available to eliminate the discharge of pollutants from categories and classes of point sources, taking into account the cost of achieving such elimination of the discharge of pollutants; and (4) (A) identify, in terms of amounts of constituents and chemical, physical, and biological characteristics of pollutants, the degree of effluent reduction attainable through the application of the best conventional pollutant control technology (including measures and practices) for classes and categories of point sources (other than publicly owned treatment works); and (B) specify factors to be taken into account in determining the best conventional pollutant control technology measures and practices to comply with section 1311(b)(2)(E) of this title (c) Pollution discharge elimination procedures The Administrator, after consultation, with appropriate Federal and State agencies and other interested persons, shall issue to the States and appropriate water pollution control agencies within 270 days after October 18, 1972 section 1316 of this title (d) Secondary treatment information; alternative waste treatment management techniques; innovative and alternative wastewater treatment processes; facilities deemed equivalent of secondary treatment (1) The Administrator, after consultation with appropriate Federal and State agencies and other interested persons, shall publish within sixty days after October 18, 1972 (2) The Administrator, after consultation with appropriate Federal and State agencies and other interested persons, shall publish within nine months after October 18, 1972 section 1281 of this title (3) The Administrator, after consultation with appropriate Federal and State agencies and other interested persons, shall promulgate within one hundred and eighty days after December 27, 1977 section 1281(g)(5) of this title (4) For the purposes of this subsection, such biological treatment facilities as oxidation ponds, lagoons, and ditches and trickling filters shall be deemed the equivalent of secondary treatment. The Administrator shall provide guidance under paragraph (1) of this subsection on design criteria for such facilities, taking into account pollutant removal efficiencies and, consistent with the objectives of this chapter, assuring that water quality will not be adversely affected by deeming such facilities as the equivalent of secondary treatment. (e) Best management practices for industry The Administrator, after consultation with appropriate Federal and State agencies and other interested persons, may publish regulations, supplemental to any effluent limitations specified under subsections (b) and (c) of this section for a class or category of point sources, for any specific pollutant which the Administrator is charged with a duty to regulate as a toxic or hazardous pollutant under section 1317(a)(1) or 1321 of this title, to control plant site runoff, spillage or leaks, sludge or waste disposal, and drainage from raw material storage which the Administrator determines are associated with or ancillary to the industrial manufacturing or treatment process within such class or category of point sources and may contribute significant amounts of such pollutants to navigable waters. Any applicable controls established under this subsection shall be included as a requirement for the purposes of section 1311, 1312, 1316, 1317, or 1343 of this title, as the case may be, in any permit issued to a point source pursuant to section 1342 of this title (f) Identification and evaluation of nonpoint sources of pollution; processes, procedures, and methods to control pollution The Administrator, after consultation with appropriate Federal and State agencies and other interested persons, shall issue to appropriate Federal agencies, the States, water pollution control agencies, and agencies designated under section 1288 of this title October 18, 1972 (A) agricultural and silvicultural activities, including runoff from fields and crop and forest lands; (B) mining activities, including runoff and siltation from new, currently operating, and abandoned surface and underground mines; (C) all construction activity, including runoff from the facilities resulting from such construction; (D) the disposal of pollutants in wells or in subsurface excavations; (E) salt water intrusion resulting from reductions of fresh water flow from any cause, including extraction of ground water, irrigation, obstruction, and diversion; and (F) changes in the movement, flow, or circulation of any navigable waters or ground waters, including changes caused by the construction of dams, levees, channels, causeways, or flow diversion facilities. Such information and revisions thereof shall be published in the Federal Register and otherwise made available to the public. (g) Guidelines for pretreatment of pollutants (1) For the purpose of assisting States in carrying out programs under section 1342 of this title October 18, 1972 (2) When publishing guidelines under this subsection, the Administrator shall designate the category or categories of treatment works to which the guidelines shall apply. (h) Test procedures guidelines The Administrator shall, within one hundred and eighty days from October 18, 1972 section 1341 of this title section 1342 of this title (i) Guidelines for monitoring, reporting, enforcement, funding, personnel, and manpower The Administrator shall (1) within sixty days after October 18, 1972 section 1342 of this title October 18, 1972 section 1342 of this title (A) monitoring requirements; (B) reporting requirements (including procedures to make information available to the public); (C) enforcement provisions; and (D) funding, personnel qualifications, and manpower requirements (including a requirement that no board or body which approves permit applications or portions thereof shall include, as a member, any person who receives, or has during the previous two years received, a significant portion of his income directly or indirectly from permit holders or applicants for a permit). (j) Lake restoration guidance manual The Administrator shall, within 1 year after February 4, 1987 (k) Agreements with Secretaries of Agriculture, Army, and the Interior to provide maximum utilization of programs to achieve and maintain water quality; transfer of funds; authorization of appropriations (1) The Administrator shall enter into agreements with the Secretary of Agriculture, the Secretary of the Army, and the Secretary of the Interior, and the heads of such other departments, agencies, and instrumentalities of the United States as the Administrator determines, to provide for the maximum utilization of other Federal laws and programs for the purpose of achieving and maintaining water quality through appropriate implementation of plans approved under section 1288 of this title section 1329 of this title (2) The Administrator is authorized to transfer to the Secretary of Agriculture, the Secretary of the Army, and the Secretary of the Interior and the heads of such other departments, agencies, and instrumentalities of the United States as the Administrator determines, any funds appropriated under paragraph (3) of this subsection to supplement funds otherwise appropriated to programs authorized pursuant to any agreement under paragraph (1). (3) There is authorized to be appropriated to carry out the provisions of this subsection, $100,000,000 per fiscal year for the fiscal years 1979 through 1983 and such sums as may be necessary for fiscal years 1984 through 1990. (l) Individual control strategies for toxic pollutants (1) State list of navigable waters and development of strategies Not later than 2 years after February 4, 1987 (A) a list of those waters within the State which after the application of effluent limitations required under section 1311(b)(2) of this title section 1313(c)(2)(B) of this title (B) a list of all navigable waters in such State for which the State does not expect the applicable standard under section 1313 of this title section 1317(a) of this title (C) for each segment of the navigable waters included on such lists, a determination of the specific point sources discharging any such toxic pollutant which is believed to be preventing or impairing such water quality and the amount of each such toxic pollutant discharged by each such source; and (D) for each such segment, an individual control strategy which the State determines will produce a reduction in the discharge of toxic pollutants from point sources identified by the State under this paragraph through the establishment of effluent limitations under section 1342 of this title section 1313(c)(2)(B) of this title (2) Approval or disapproval Not later than 120 days after the last day of the 2-year period referred to in paragraph (1), the Administrator shall approve or disapprove the control strategies submitted under paragraph (1) by any State. (3) Administrators action If a State fails to submit control strategies in accordance with paragraph (1) or the Administrator does not approve the control strategies submitted by such State in accordance with paragraph (1), then, not later than 1 year after the last day of the period referred to in paragraph (2), the Administrator, in cooperation with such State and after notice and opportunity for public comment, shall implement the requirements of paragraph (1) in such State. In the implementation of such requirements, the Administrator shall, at a minimum, consider for listing under this subsection any navigable waters for which any person submits a petition to the Administrator for listing not later than 120 days after such last day. (m) Schedule for review of guidelines (1) Publication Within 12 months after February 4, 1987 (A) establish a schedule for the annual review and revision of promulgated effluent guidelines, in accordance with subsection (b) of this section; (B) identify categories of sources discharging toxic or nonconventional pollutants for which guidelines under subsection (b)(2) of this section and section 1316 of this title (C) establish a schedule for promulgation of effluent guidelines for categories identified in subparagraph (B), under which promulgation of such guidelines shall be no later than 4 years after February 4, 1987 (2) Public review The Administrator shall provide for public review and comment on the plan prior to final publication. ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 850 Pub. L. 95217 Dec. 27, 1977 91 Stat. 1587 Pub. L. 97117,  23 Dec. 29, 1981 95 Stat. 1632 Pub. L. 1004, title I,  101(f) Feb. 4, 1987 101 Stat. 9 Pub. L. 106284,  3(b) Oct. 10, 2000 114 Stat. 871  Editorial Notes Codification Pub. L. 95217,  50 Dec. 27, 1977 91 Stat. 1588 Pub. L. 95217 Amendments 2000Subsec. (a)(9). Pub. L. 106284 1987Subsec. (a)(7), (8). Pub. L. 1004,  308(c) Subsec. (j). Pub. L. 1004,  315(c) Subsec. (k)(1). Pub. L. 1004,  316(e) section 1329 of this title Subsec. (k)(3). Pub. L. 1004,  101(f) Subsec. ( l Pub. L. 1004,  308(a) l Subsec. (m). Pub. L. 1004,  308(f) 1981Subsec. (d)(4). Pub. L. 97117 1977Subsec. (a)(4) to (6). Pub. L. 95217,  48(a) Subsec. (b)(4). Pub. L. 95217,  48(b) Subsec. (d)(3). Pub. L. 95217,  49 Subsecs. (e) to (i). Pub. L. 95217,  50 Subsec. (j). Pub. L. 95217 October 18, 1972 Subsec. (k). Pub. L. 95217 October 18, 1972 Statutory Notes and Related Subsidiaries Review of Effluent Guidelines Promulgated Prior to December 27, 1977 Pub. L. 95217,  73 Dec. 27, 1977 91 Stat. 1609 Dec. 27, 1977 33 U.S.C. 1314(a)(4) July 1, 1980 33 U.S.C. 1314(b)(4) Executive Documents  Transfer of Functions Enforcement functions of Secretary or other official in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of that Department, relating to compliance with this chapter with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas were transferred to the Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, until the first anniversary of the date of initial operation of the Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979,  102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373 July 1, 1979 section 3012(b) of Pub. L. 102486 section 719e of Title 15 section 720d(f) of Title 15  Contiguous Zone of United States For extension of contiguous zone of United States, see Proc. No. 7219, set out as a note under section 1331 of Title 43  1314a. Wastewater technology clearinghouse (a) In general (1) In general The Administrator of the Environmental Protection Agency shall (A) for each of the programs described in paragraph (2), update the information for those programs to include information on cost-effective and alternative wastewater recycling and treatment technologies, including onsite and decentralized systems; and (B) disseminate to units of local government and nonprofit organizations seeking Federal funds for wastewater technology information on the cost effectiveness of alternative wastewater treatment and recycling technologies, including onsite and decentralized systems. (2) Programs described The programs referred to in paragraph (1)(A) are programs that provide technical assistance for wastewater management, including (A) programs for nonpoint source management under section 1329 of this title (B) the permit program for the disposal of sewer sludge under section 1345 of this title (b) Report to Congress Not later than 1 year after October 23, 2018 (1) the type and amount of information provided under subsection (a) to units of local government and nonprofit organizations regarding alternative wastewater treatment and recycling technologies; (2) the States and regions that have made greatest use of alternative wastewater treatment and recycling technologies; and (3) the actions taken by the Administrator to assist States in the deployment of alternative wastewater treatment and recycling technologies, including onsite and decentralized systems. ( Pub. L. 115270, title IV,  4102 Oct. 23, 2018 132 Stat. 3871  Editorial Notes Codification Section was enacted as part of the Americas Water Infrastructure Act of 2018, and not as part of the Federal Water Pollution Control Act which comprises this chapter.  1315. State reports on water quality (a) Omitted. (b) (1) Each State shall prepare and submit to the Administrator by April 1, 1975 April 1, 1976 (A) a description of the water quality of all navigable waters in such State during the preceding year, with appropriate supplemental descriptions as shall be required to take into account seasonal, tidal, and other variations, correlated with the quality of water required by the objective of this chapter (as identified by the Administrator pursuant to criteria published under section 1314(a) of this title (B) an analysis of the extent to which all navigable waters of such State provide for the protection and propagation of a balanced population of shellfish, fish, and wildlife, and allow recreational activities in and on the water; (C) an analysis of the extent to which the elimination of the discharge of pollutants and a level of water quality which provides for the protection and propagation of a balanced population of shellfish, fish, and wildlife and allows recreational activities in and on the water, have been or will be achieved by the requirements of this chapter, together with recommendations as to additional action necessary to achieve such objectives and for what waters such additional action is necessary; (D) an estimate of (i) the environmental impact, (ii) the economic and social costs necessary to achieve the objective of this chapter in such State, (iii) the economic and social benefits of such achievement, and (iv) an estimate of the date of such achievement; and (E) a description of the nature and extent of nonpoint sources of pollutants, and recommendations as to the programs which must be undertaken to control each category of such sources, including an estimate of the costs of implementing such programs. (2) The Administrator shall transmit such State reports, together with an analysis thereof, to Congress on or before October 1, 1975 October 1, 1976 ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 853 Pub. L. 95217,  52 Dec. 27, 1977 91 Stat. 1589  Editorial Notes Codification Subsec. (a) authorized the Administrator, in cooperation with the States and Federal agencies, to prepare a report describing the specific quality, during 1973, of all navigable waters and waters of the contiguous zone, including an inventory of all point sources of discharge of pollutants into these waters, and identifying those navigable waters capable of supporting fish and wildlife populations and allowing recreational activities, those which could reasonably be expected to attain this level by 1977 or 1983, and those which could attain this level sooner, and submit this report to Congress on or before Jan. 1, 1974 Amendments 1977Subsec. (b)(1). Pub. L. 95217,  52(1) April 1, 1975 April 1, 1976 January 1, 1975 Subsec. (b)(2). Pub. L. 95217,  52(2) October 1, 1975 October 1, 1976 October 1, 1975  1316. National standards of performance (a) Definitions For purposes of this section: (1) The term standard of performance means a standard for the control of the discharge of pollutants which reflects the greatest degree of effluent reduction which the Administrator determines to be achievable through application of the best available demonstrated control technology, processes, operating methods, or other alternatives, including, where practicable, a standard permitting no discharge of pollutants. (2) The term new source means any source, the construction of which is commenced after the publication of proposed regulations prescribing a standard of performance under this section which will be applicable to such source, if such standard is thereafter promulgated in accordance with this section. (3) The term source means any building, structure, facility, or installation from which there is or may be the discharge of pollutants. (4) The term owner or operator means any person who owns, leases, operates, controls, or supervises a source. (5) The term construction means any placement, assembly, or installation of facilities or equipment (including contractual obligations to purchase such facilities or equipment) at the premises where such equipment will be used, including preparation work at such premises. (b) Categories of sources; Federal standards of performance for new sources (1) (A) The Administrator shall, within ninety days after October 18, 1972 pulp and paper mills; paperboard, builders paper and board mills; meat product and rendering processing; dairy product processing; grain mills; canned and preserved fruits and vegetables processing; canned and preserved seafood processing; sugar processing; textile mills; cement manufacturing; feedlots; electroplating; organic chemicals manufacturing; inorganic chemicals manufacturing; plastic and synthetic materials manufacturing; soap and detergent manufacturing; fertilizer manufacturing; petroleum refining; iron and steel manufacturing; nonferrous metals manufacturing; phosphate manufacturing; steam electric powerplants; ferroalloy manufacturing; leather tanning and finishing; glass and asbestos manufacturing; rubber processing; and timber products processing. (B) As soon as practicable, but in no case more than one year, after a category of sources is included in a list under subparagraph (A) of this paragraph, the Administrator shall propose and publish regulations establishing Federal standards of performance for new sources within such category. The Administrator shall afford interested persons an opportunity for written comment on such proposed regulations. After considering such comments, he shall promulgate, within one hundred and twenty days after publication of such proposed regulations, such standards with such adjustments as he deems appropriate. The Administrator shall, from time to time, as technology and alternatives change, revise such standards following the procedure required by this subsection for promulgation of such standards. Standards of performance, or revisions thereof, shall become effective upon promulgation. In establishing or revising Federal standards of performance for new sources under this section, the Administrator shall take into consideration the cost of achieving such effluent reduction, and any non-water quality, environmental impact and energy requirements. (2) The Administrator may distinguish among classes, types, and sizes within categories of new sources for the purpose of establishing such standards and shall consider the type of process employed (including whether batch or continuous). (3) The provisions of this section shall apply to any new source owned or operated by the United States. (c) State enforcement of standards of performance Each State may develop and submit to the Administrator a procedure under State law for applying and enforcing standards of performance for new sources located in such State. If the Administrator finds that the procedure and the law of any State require the application and enforcement of standards of performance to at least the same extent as required by this section, such State is authorized to apply and enforce such standards of performance (except with respect to new sources owned or operated by the United States). (d) Protection from more stringent standards Notwithstanding any other provision of this chapter, any point source the construction of which is commenced after October 18, 1972 (e) Illegality of operation of new sources in violation of applicable standards of performance After the effective date of standards of performance promulgated under this section, it shall be unlawful for any owner or operator of any new source to operate such source in violation of any standard of performance applicable to such source. ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 854  Statutory Notes and Related Subsidiaries Discharges From Point Sources in United States Virgin Islands Attributable to Manufacture of Rum; Exemption; Conditions Discharges from point sources in the United States Virgin Islands in existence on Aug. 5, 1983 section 214(g) of Pub. L. 9867 section 1311 of this title  1317. Toxic and pretreatment effluent standards (a) Toxic pollutant list; revision; hearing; promulgation of standards; effective date; consultation (1) On and after December 27, 1977 December 27, 1977 (2) Each toxic pollutant listed in accordance with paragraph (1) of this subsection shall be subject to effluent limitations resulting from the application of the best available technology economically achievable for the applicable category or class of point sources established in accordance with sections 1311(b)(2)(A) and 1314(b)(2) of this title. The Administrator, in his discretion, may publish in the Federal Register a proposed effluent standard (which may include a prohibition) establishing requirements for a toxic pollutant which, if an effluent limitation is applicable to a class or category of point sources, shall be applicable to such category or class only if such standard imposes more stringent requirements. Such published effluent standard (or prohibition) shall take into account the toxicity of the pollutant, its persistence, degradability, the usual or potential presence of the affected organisms in any waters, the importance of the affected organisms and the nature and extent of the effect of the toxic pollutant on such organisms, and the extent to which effective control is being or may be achieved under other regulatory authority. The Administrator shall allow a period of not less than sixty days following publication of any such proposed effluent standard (or prohibition) for written comment by interested persons on such proposed standard. In addition, if within thirty days of publication of any such proposed effluent standard (or prohibition) any interested person so requests, the Administrator shall hold a public hearing in connection therewith. Such a public hearing shall provide an opportunity for oral and written presentations, such cross-examination as the Administrator determines is appropriate on disputed issues of material fact, and the transcription of a verbatim record which shall be available to the public. After consideration of such comments and any information and material presented at any public hearing held on such proposed standard or prohibition, the Administrator shall promulgate such standard (or prohibition) with such modification as the Administrator finds are justified. Such promulgation by the Administrator shall be made within two hundred and seventy days after publication of proposed standard (or prohibition). Such standard (or prohibition) shall be final except that if, on judicial review, such standard was not based on substantial evidence, the Administrator shall promulgate a revised standard. Effluent limitations shall be established in accordance with sections 1311(b)(2)(A) and 1314(b)(2) of this title for every toxic pollutant referred to in table 1 of Committee Print Numbered 9530 of the Committee on Public Works and Transportation of the House of Representatives as soon as practicable after December 27, 1977 July 1, 1980 (3) Each such effluent standard (or prohibition) shall be reviewed and, if appropriate, revised at least every three years. (4) Any effluent standard promulgated under this section shall be at that level which the Administrator determines provides an ample margin of safety. (5) When proposing or promulgating any effluent standard (or prohibition) under this section, the Administrator shall designate the category or categories of sources to which the effluent standard (or prohibition) shall apply. Any disposal of dredged material may be included in such a category of sources after consultation with the Secretary of the Army. (6) Any effluent standard (or prohibition) established pursuant to this section shall take effect on such date or dates as specified in the order promulgating such standard, but in no case, more than one year from the date of such promulgation. If the Administrator determines that compliance within one year from the date of promulgation is technologically infeasible for a category of sources, the Administrator may establish the effective date of the effluent standard (or prohibition) for such category at the earliest date upon which compliance can be feasibly attained by sources within such category, but in no event more than three years after the date of such promulgation. (7) Prior to publishing any regulations pursuant to this section the Administrator shall, to the maximum extent practicable within the time provided, consult with appropriate advisory committees, States, independent experts, and Federal departments and agencies. (b) Pretreatment standards; hearing; promulgation; compliance period; revision; application to State and local laws (1) The Administrator shall, within one hundred and eighty days after October 18, 1972 section 1292 of this title section 1292 of this title section 1345 of this title (2) The Administrator shall, from time to time, as control technology, processes, operating methods, or other alternatives change, revise such standards following the procedure established by this subsection for promulgation of such standards. (3) When proposing or promulgating any pretreatment standard under this section, the Administrator shall designate the category or categories of sources to which such standard shall apply. (4) Nothing in this subsection shall affect any pretreatment requirement established by any State or local law not in conflict with any pretreatment standard established under this subsection. (c) New sources of pollutants into publicly owned treatment works In order to insure that any source introducing pollutants into a publicly owned treatment works, which source would be a new source subject to section 1316 of this title section 1316 of this title (d) Operation in violation of standards unlawful After the effective date of any effluent standard or prohibition or pretreatment standard promulgated under this section, it shall be unlawful for any owner or operator of any source to operate any source in violation of any such effluent standard or prohibition or pretreatment standard. (e) Compliance date extension for innovative pretreatment systems In the case of any existing facility that proposes to comply with the pretreatment standards of subsection (b) of this section by applying an innovative system that meets the requirements of section 1311(k) of this title (1) if the Administrator determines that the innovative system has the potential for industrywide application, and (2) if the Administrator (or the State in consultation with the Administrator, in any case in which the State has a pretreatment program approved by the Administrator) (A) determines that the proposed extension will not cause the publicly owned treatment works to be in violation of its permit under section 1342 of this title section 1345 of this title (B) concurs with the proposed extension. ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 856 Pub. L. 95217 Dec. 27, 1977 91 Stat. 15891591 Pub. L. 1004, title III,  309(a) Feb. 4, 1987 101 Stat. 41  Editorial Notes Amendments 1987Subsec. (e). Pub. L. 1004 1977Subsec. (a)(1). Pub. L. 95217,  53(a) December 27, 1977 December 27, 1977 October 18, 1972 Subsec. (a)(2). Pub. L. 95217,  53(a) Subsec. (a)(3). Pub. L. 95217,  53(a) Subsec. (a)(6). Pub. L. 95217,  53(b) Subsec. (b)(1). Pub. L. 95217,  54(a) section 1345 of this title Statutory Notes and Related Subsidiaries  Change of Name Committee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 10414 section 21 of Title 2 Increase in EPA Employees Pub. L. 1004, title III,  309(b) Feb. 4, 1987 101 Stat. 41 The Administrator shall take such actions as may be necessary to increase the number of employees of the Environmental Protection Agency in order to effectively implement pretreatment requirements under section 307 of the Federal Water Pollution Control Act [ 33 U.S.C. 1317  1318. Records and reports; inspections (a) Maintenance; monitoring equipment; entry; access to information Whenever required to carry out the objective of this chapter, including but not limited to (1) developing or assisting in the development of any effluent limitation, or other limitation, prohibition, or effluent standard, pretreatment standard, or standard of performance under this chapter; (2) determining whether any person is in violation of any such effluent limitation, or other limitation, prohibition or effluent standard, pretreatment standard, or standard of performance; (3) any requirement established under this section; or (4) carrying out sections 1315, 1321, 1342, 1344 (relating to State permit programs), 1345, and 1364 of this title (A) the Administrator shall require the owner or operator of any point source to (i) establish and maintain such records, (ii) make such reports, (iii) install, use, and maintain such monitoring equipment or methods (including where appropriate, biological monitoring methods), (iv) sample such effluents (in accordance with such methods, at such locations, at such intervals, and in such manner as the Administrator shall prescribe), and (v) provide such other information as he may reasonably require; and (B) the Administrator or his authorized representative (including an authorized contractor acting as a representative of the Administrator), upon presentation of his credentials (i) shall have a right of entry to, upon, or through any premises in which an effluent source is located or in which any records required to be maintained under clause (A) of this subsection are located, and (ii) may at reasonable times have access to and copy any records, inspect any monitoring equipment or method required under clause (A), and sample any effluents which the owner or operator of such source is required to sample under such clause. (b) Availability to public; trade secrets exception; penalty for disclosure of confidential information Any records, reports, or information obtained under this section (1) shall, in the case of effluent data, be related to any applicable effluent limitations, toxic, pretreatment, or new source performance standards, and (2) shall be available to the public, except that upon a showing satisfactory to the Administrator by any person that records, reports, or information, or particular part thereof (other than effluent data), to which the Administrator has access under this section, if made public would divulge methods or processes entitled to protection as trade secrets of such person, the Administrator shall consider such record, report, or information, or particular portion thereof confidential in accordance with the purposes of section 1905 of title 18 (c) Application of State law Each State may develop and submit to the Administrator procedures under State law for inspection, monitoring, and entry with respect to point sources located in such State. If the Administrator finds that the procedures and the law of any State relating to inspection, monitoring, and entry are applicable to at least the same extent as those required by this section, such State is authorized to apply and enforce its procedures for inspection, monitoring, and entry with respect to point sources located in such State (except with respect to point sources owned or operated by the United States). (d) Access by Congress Notwithstanding any limitation contained in this section or any other provision of law, all information reported to or otherwise obtained by the Administrator (or any representative of the Administrator) under this chapter shall be made available, upon written request of any duly authorized committee of Congress, to such committee. ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 858 Pub. L. 95217,  67(c)(1) Dec. 27, 1977 91 Stat. 1606 Pub. L. 1004, title III,  310 Feb. 4, 1987 101 Stat. 41  Editorial Notes Amendments 1987Subsec. (a). Pub. L. 1004,  406(d)(1) Subsec. (a)(B). Pub. L. 1004,  310(a)(2) Subsec. (b). Pub. L. 1004,  310(a)(1) Subsec. (d). Pub. L. 1004,  310(b) 1977Subsec. (a)(4). Pub. L. 95217  1319. Enforcement (a) State enforcement; compliance orders (1) Whenever, on the basis of any information available to him, the Administrator finds that any person is in violation of any condition or limitation which implements section 1311, 1312, 1316, 1317, 1318, 1328, or 1345 of this title in a permit issued by a State under an approved permit program under section 1342 or 1344 of this title he shall proceed under his authority in paragraph (3) of this subsection or he shall notify the person in alleged violation and such State of such finding. If beyond the thirtieth day after the Administrators notification the State has not commenced appropriate enforcement action, the Administrator shall issue an order requiring such person to comply with such condition or limitation or shall bring a civil action in accordance with subsection (b) of this section. (2) Whenever, on the basis of information available to him, the Administrator finds that violations of permit conditions or limitations as set forth in paragraph (1) of this subsection are so widespread that such violations appear to result from a failure of the State to enforce such permit conditions or limitations effectively, he shall so notify the State. If the Administrator finds such failure extends beyond the thirtieth day after such notice, he shall give public notice of such finding. During the period beginning with such public notice and ending when such State satisfies the Administrator that it will enforce such conditions and limitations (hereafter referred to in this section as the period of federally assumed enforcement), except where an extension has been granted under paragraph (5)(B) of this subsection, the Administrator shall enforce any permit condition or limitation with respect to any person (A) by issuing an order to comply with such condition or limitation, or (B) by bringing a civil action under subsection (b) of this section. (3) Whenever on the basis of any information available to him the Administrator finds that any person is in violation of section 1311, 1312, 1316, 1317, 1318, 1322(p), 1328, or 1345 of this title, or is in violation of any permit condition or limitation implementing any of such sections in a permit issued under section 1342 of this title section 1344 of this title (4) A copy of any order issued under this subsection shall be sent immediately by the Administrator to the State in which the violation occurs and other affected States. In any case in which an order under this subsection (or notice to a violator under paragraph (1) of this subsection) is issued to a corporation, a copy of such order (or notice) shall be served on any appropriate corporate officers. An order issued under this subsection relating to a violation of section 1318 of this title (5) (A) Any order issued under this subsection shall be by personal service, shall state with reasonable specificity the nature of the violation, and shall specify a time for compliance not to exceed thirty days in the case of a violation of an interim compliance schedule or operation and maintenance requirement and not to exceed a time the Administrator determines to be reasonable in the case of a violation of a final deadline, taking into account the seriousness of the violation and any good faith efforts to comply with applicable requirements. (B) The Administrator may, if he determines (i) that any person who is a violator of, or any person who is otherwise not in compliance with, the time requirements under this chapter or in any permit issued under this chapter, has acted in good faith, and has made a commitment (in the form of contracts or other securities) of necessary resources to achieve compliance by the earliest possible date after July 1, 1977 April 1, 1979 section 1342 of this title December 31, 1974 section 1311(b)(1)(A) of this title April 1, 1979 (6) Whenever, on the basis of information available to him, the Administrator finds (A) that any person is in violation of section 1311(b)(1)(A) or (C) of this title, (B) that such person cannot meet the requirements for a time extension under section 1311(i)(2) of this title July 1, 1983 (b) Civil actions The Administrator is authorized to commence a civil action for appropriate relief, including a permanent or temporary injunction, for any violation for which he is authorized to issue a compliance order under subsection (a) of this section. Any action under this subsection may be brought in the district court of the United States for the district in which the defendant is located or resides or is doing business, and such court shall have jurisdiction to restrain such violation and to require compliance. Notice of the commencement of such action shall be given immediately to the appropriate State. (c) Criminal penalties (1) Negligent violations Any person who (A) negligently violates section 1311, 1312, 1316, 1317, 1318, 1321(b)(3), 1322(p), 1328, or 1345 of this title, or any permit condition or limitation implementing any of such sections in a permit issued under section 1342 of this title section 1344 of this title (B) negligently introduces into a sewer system or into a publicly owned treatment works any pollutant or hazardous substance which such person knew or reasonably should have known could cause personal injury or property damage or, other than in compliance with all applicable Federal, State, or local requirements or permits, which causes such treatment works to violate any effluent limitation or condition in any permit issued to the treatment works under section 1342 of this title shall be punished by a fine of not less than $2,500 nor more than $25,000 per day of violation, or by imprisonment for not more than 1 year, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment shall be by a fine of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or by both. (2) Knowing violations Any person who (A) knowingly violates section 1311, 1312, 1316, 1317, 1318, 1321(b)(3), 1322(p), 1328, or 1345 of this title, or any permit condition or limitation implementing any of such sections in a permit issued under section 1342 of this title section 1344 of this title (B) knowingly introduces into a sewer system or into a publicly owned treatment works any pollutant or hazardous substance which such person knew or reasonably should have known could cause personal injury or property damage or, other than in compliance with all applicable Federal, State, or local requirements or permits, which causes such treatment works to violate any effluent limitation or condition in a permit issued to the treatment works under section 1342 of this title shall be punished by a fine of not less than $5,000 nor more than $50,000 per day of violation, or by imprisonment for not more than 3 years, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment shall be by a fine of not more than $100,000 per day of violation, or by imprisonment of not more than 6 years, or by both. (3) Knowing endangerment (A) General rule Any person who knowingly violates section 1311, 1312, 1313, 1316, 1317, 1318, 1321(b)(3), 1322(p), 1328, or 1345 of this title, or any permit condition or limitation implementing any of such sections in a permit issued under section 1342 of this title section 1344 of this title (B) Additional provisions For the purpose of subparagraph (A) of this paragraph (i) in determining whether a defendant who is an individual knew that his conduct placed another person in imminent danger of death or serious bodily injury (I) the person is responsible only for actual awareness or actual belief that he possessed; and (II) knowledge possessed by a person other than the defendant but not by the defendant himself may not be attributed to the defendant; except that in proving the defendants possession of actual knowledge, circumstantial evidence may be used, including evidence that the defendant took affirmative steps to shield himself from relevant information; (ii) it is an affirmative defense to prosecution that the conduct charged was consented to by the person endangered and that the danger and conduct charged were reasonably foreseeable hazards of (I) an occupation, a business, or a profession; or (II) medical treatment or medical or scientific experimentation conducted by professionally approved methods and such other person had been made aware of the risks involved prior to giving consent; and such defense may be established under this subparagraph by a preponderance of the evidence; (iii) the term organization means a legal entity, other than a government, established or organized for any purpose, and such term includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of persons; and (iv) the term serious bodily injury means bodily injury which involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. (4) False statements Any person who knowingly makes any false material statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter or who knowingly falsifies, tampers with, or renders inaccurate any monitoring device or method required to be maintained under this chapter, shall upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than 2 years, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment shall be by a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or by both. (5) Treatment of single operational upset For purposes of this subsection, a single operational upset which leads to simultaneous violations of more than one pollutant parameter shall be treated as a single violation. (6) Responsible corporate officer as person For the purpose of this subsection, the term person means, in addition to the definition contained in section 1362(5) of this title (7) Hazardous substance defined For the purpose of this subsection, the term hazardous substance means (A) any substance designated pursuant to section 1321(b)(2)(A) of this title section 9602 of title 42 42 U.S.C. 6921 42 U.S.C. 6901 section 1317(a) of this title section 2606 of title 15 (d) Civil penalties; factors considered in determining amount Any person who violates section 1311, 1312, 1316, 1317, 1318, 1322(p), 1328,, 1 1 section 1342 of this title section 1344 of this title (e) State liability for judgments and expenses Whenever a municipality is a party to a civil action brought by the United States under this section, the State in which such municipality is located shall be joined as a party. Such State shall be liable for payment of any judgment, or any expenses incurred as a result of complying with any judgment, entered against the municipality in such action to the extent that the laws of that State prevent the municipality from raising revenues needed to comply with such judgment. (f) Wrongful introduction of pollutant into treatment works Whenever, on the basis of any information available to him, the Administrator finds that an owner or operator of any source is introducing a pollutant into a treatment works in violation of subsection (d) of section 1317 of this title (g) Administrative penalties (1) Violations Whenever on the basis of any information available (A) the Administrator finds that any person has violated section 1311, 1312, 1316, 1317, 1318, 1322(p), 1328, or 1345 of this title, or has violated any permit condition or limitation implementing any of such sections in a permit issued under section 1342 of this title section 1344 of this title (B) the Secretary of the Army (hereinafter in this subsection referred to as the Secretary) finds that any person has violated any permit condition or limitation in a permit issued under section 1344 of this title the Administrator or Secretary, as the case may be, may, after consultation with the State in which the violation occurs, assess a class I civil penalty or a class II civil penalty under this subsection. (2) Classes of penalties (A) Class I The amount of a class I civil penalty under paragraph (1) may not exceed $10,000 per violation, except that the maximum amount of any class I civil penalty under this subparagraph shall not exceed $25,000. Before issuing an order assessing a civil penalty under this subparagraph, the Administrator or the Secretary, as the case may be, shall give to the person to be assessed such penalty written notice of the Administrators or Secretarys proposal to issue such order and the opportunity to request, within 30 days of the date the notice is received by such person, a hearing on the proposed order. Such hearing shall not be subject to section 554 or 556 of title 5, but shall provide a reasonable opportunity to be heard and to present evidence. (B) Class II The amount of a class II civil penalty under paragraph (1) may not exceed $10,000 per day for each day during which the violation continues; except that the maximum amount of any class II civil penalty under this subparagraph shall not exceed $125,000. Except as otherwise provided in this subsection, a class II civil penalty shall be assessed and collected in the same manner, and subject to the same provisions, as in the case of civil penalties assessed and collected after notice and opportunity for a hearing on the record in accordance with section 554 of title 5 (3) Determining amount In determining the amount of any penalty assessed under this subsection, the Administrator or the Secretary, as the case may be, shall take into account the nature, circumstances, extent and gravity of the violation, or violations, and, with respect to the violator, ability to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violation, and such other matters as justice may require. For purposes of this subsection, a single operational upset which leads to simultaneous violations of more than one pollutant parameter shall be treated as a single violation. (4) Rights of interested persons (A) Public notice Before issuing an order assessing a civil penalty under this subsection the Administrator or Secretary, as the case may be, shall provide public notice of and reasonable opportunity to comment on the proposed issuance of such order. (B) Presentation of evidence Any person who comments on a proposed assessment of a penalty under this subsection shall be given notice of any hearing held under this subsection and of the order assessing such penalty. In any hearing held under this subsection, such person shall have a reasonable opportunity to be heard and to present evidence. (C) Rights of interested persons to a hearing If no hearing is held under paragraph (2) before issuance of an order assessing a penalty under this subsection, any person who commented on the proposed assessment may petition, within 30 days after the issuance of such order, the Administrator or Secretary, as the case may be, to set aside such order and to provide a hearing on the penalty. If the evidence presented by the petitioner in support of the petition is material and was not considered in the issuance of the order, the Administrator or Secretary shall immediately set aside such order and provide a hearing in accordance with paragraph (2)(A) in the case of a class I civil penalty and paragraph (2)(B) in the case of a class II civil penalty. If the Administrator or Secretary denies a hearing under this subparagraph, the Administrator or Secretary shall provide to the petitioner, and publish in the Federal Register, notice of and the reasons for such denial. (5) Finality of order An order issued under this subsection shall become final 30 days after its issuance unless a petition for judicial review is filed under paragraph (8) or a hearing is requested under paragraph (4)(C). If such a hearing is denied, such order shall become final 30 days after such denial. (6) Effect of order (A) Limitation on actions under other sections Action taken by the Administrator or the Secretary, as the case may be, under this subsection shall not affect or limit the Administrators or Secretarys authority to enforce any provision of this chapter; except that any violation (i) with respect to which the Administrator or the Secretary has commenced and is diligently prosecuting an action under this subsection, (ii) with respect to which a State has commenced and is diligently prosecuting an action under a State law comparable to this subsection, or (iii) for which the Administrator, the Secretary, or the State has issued a final order not subject to further judicial review and the violator has paid a penalty assessed under this subsection, or such comparable State law, as the case may be, shall not be the subject of a civil penalty action under subsection (d) of this section or section 1321(b) of this title section 1365 of this title (B) Applicability of limitation with respect to citizen suits The limitations contained in subparagraph (A) on civil penalty actions under section 1365 of this title (i) a civil action under section 1365(a)(1) of this title (ii) notice of an alleged violation of section 1365(a)(1) of this title section 1365(b)(1)(A) of this title section 1365(a)(1) of this title (7) Effect of action on compliance No action by the Administrator or the Secretary under this subsection shall affect any persons obligation to comply with any section of this chapter or with the terms and conditions of any permit issued pursuant to section 1342 or 1344 of this title. (8) Judicial review Any person against whom a civil penalty is assessed under this subsection or who commented on the proposed assessment of such penalty in accordance with paragraph (4) may obtain review of such assessment (A) in the case of assessment of a class I civil penalty, in the United States District Court for the District of Columbia or in the district in which the violation is alleged to have occurred, or (B) in the case of assessment of a class II civil penalty, in United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which such person resides or transacts business, by filing a notice of appeal in such court within the 30-day period beginning on the date the civil penalty order is issued and by simultaneously sending a copy of such notice by certified mail to the Administrator or the Secretary, as the case may be, and the Attorney General. The Administrator or the Secretary shall promptly file in such court a certified copy of the record on which the order was issued. Such court shall not set aside or remand such order unless there is not substantial evidence in the record, taken as a whole, to support the finding of a violation or unless the Administrators or Secretarys assessment of the penalty constitutes an abuse of discretion and shall not impose additional civil penalties for the same violation unless the Administrators or Secretarys assessment of the penalty constitutes an abuse of discretion. (9) Collection If any person fails to pay an assessment of a civil penalty (A) after the order making the assessment has become final, or (B) after a court in an action brought under paragraph (8) has entered a final judgment in favor of the Administrator or the Secretary, as the case may be, the Administrator or the Secretary shall request the Attorney General to bring a civil action in an appropriate district court to recover the amount assessed (plus interest at currently prevailing rates from the date of the final order or the date of the final judgment, as the case may be). In such an action, the validity, amount, and appropriateness of such penalty shall not be subject to review. Any person who fails to pay on a timely basis the amount of an assessment of a civil penalty as described in the first sentence of this paragraph shall be required to pay, in addition to such amount and interest, attorneys fees and costs for collection proceedings and a quarterly nonpayment penalty for each quarter during which such failure to pay persists. Such nonpayment penalty shall be in an amount equal to 20 percent of the aggregate amount of such persons penalties and nonpayment penalties which are unpaid as of the beginning of such quarter. (10) Subpoenas The Administrator or Secretary, as the case may be, may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, or documents in connection with hearings under this subsection. In case of contumacy or refusal to obey a subpoena issued pursuant to this paragraph and served upon any person, the district court of the United States for any district in which such person is found, resides, or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the administrative law judge or to appear and produce documents before the administrative law judge, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof. (11) Protection of existing procedures Nothing in this subsection shall change the procedures existing on the day before February 4, 1987 (h) Implementation of integrated plans (1) In general In conjunction with an enforcement action under subsection (a) or (b) relating to municipal discharges, the Administrator shall inform a municipality of the opportunity to develop an integrated plan, as defined in section 1342(s) of this title (2) Modification Any municipality under an administrative order under subsection (a) or settlement agreement (including a judicial consent decree) under subsection (b) that has developed an integrated plan consistent with section 1342(s) of this title ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 859 Pub. L. 95217 Dec. 27, 1977 91 Stat. 1591 Pub. L. 1004, title III Feb. 4, 1987 101 Stat. 42 Pub. L. 101380, title IV,  4301(c) Aug. 18, 1990 104 Stat. 537 Pub. L. 115282, title IX,  903(c)(2) Dec. 4, 2018 132 Stat. 4356 Pub. L. 115436,  3(b) Jan. 14, 2019 132 Stat. 5560  Editorial Notes  References in Text The Solid Waste Disposal Act, referred to in subsec. (c)(7), is title II of Pub. L. 89272 Oct. 20, 1965 79 Stat. 997 Pub. L. 94580,  2 Oct. 21, 1976 90 Stat. 2795 section 6901 of Title 42 Amendments 2019Subsec. (h). Pub. L. 115436 2018Subsec. (a)(3). Pub. L. 115282,  903(c)(2)(A) Subsec. (c)(1)(A), (2)(A), (3)(A). Pub. L. 115282,  903(c)(2)(B) Subsec. (d). Pub. L. 115282,  903(c)(2)(C) Subsec. (g)(1)(A). Pub. L. 115282,  903(c)(2)(D) 1990Subsec. (c)(1)(A), (2)(A), (3)(A). Pub. L. 101380 1987Subsec. (c). Pub. L. 1004,  312 Subsec. (d). Pub. L. 1004,  313(a)(1) Pub. L. 1004,  313(b)(1) Pub. L. 1004,  313(c) Subsec. (g). Pub. L. 1004,  314(a) 1977Subsec. (a)(1). Pub. L. 95217 Subsec. (a)(2). Pub. L. 95217,  56(a) Subsec. (a)(3). Pub. L. 95217 section 1344 of this title section 1342 of this title Subsec. (a)(4). Pub. L. 95217,  56(b) Subsec. (a)(5), (6). Pub. L. 95217,  56(c) Subsec. (c)(1). Pub. L. 95217,  67(c)(2)(C) section 1344 of this title Subsec. (d). Pub. L. 95217 section 1344 of this title section 1342 of this title Subsec. (f). Pub. L. 95217,  54(b) Statutory Notes and Related Subsidiaries Effective Date of 1990 Amendment Amendment by Pub. L. 101380 Aug. 18, 1990 section 1020 of Pub. L. 101380 section 2701 of this title Savings Provision Pub. L. 1004, title III,  313(a)(2) Feb. 4, 1987 101 Stat. 45 No State shall be required before July 1, 1988 33 U.S.C. 1342 Deposit of Certain Penalties Into Oil Spill Liability Trust Fund Penalties paid pursuant to subsection (c) of this section and sections 1321 and 1501 et seq. of this title to be deposited in the Oil Spill Liability Trust Fund created under section 9509 of Title 26 section 4304 of Pub. L. 101380 section 9509 of Title 26 Increased Penalties Not Required Under State Programs Pub. L. 1004, title III,  313(b)(2) Feb. 4, 1987 101 Stat. 45 The Federal Water Pollution Control Act [ 33 U.S.C. 1251 33 U.S.C. 1319(d) Actions by Surgeon General Relating to Interstate Pollution Act July 9, 1956, ch. 518,  5 70 Stat. 507 act June 30, 1948, ch. 758 62 Stat. 1155 July 9, 1956 June 30, 1948 July 9, 1956 June 30, 1948 July 9, 1956  1320. International pollution abatement (a) Hearing; participation by foreign nations Whenever the Administrator, upon receipts of reports, surveys, or studies from any duly constituted international agency, has reason to believe that pollution is occurring which endangers the health or welfare of persons in a foreign country, and the Secretary of State requests him to abate such pollution, he shall give formal notification thereof to the State water pollution control agency of the State or States in which such discharge or discharges originate and to the appropriate interstate agency, if any. He shall also promptly call such a hearing, if he believes that such pollution is occurring in sufficient quantity to warrant such action, and if such foreign country has given the United States essentially the same rights with respect to the prevention and control of pollution occurring in that country as is given that country by this subsection. The Administrator, through the Secretary of State, shall invite the foreign country which may be adversely affected by the pollution to attend and participate in the hearing, and the representative of such country shall, for the purpose of the hearing and any further proceeding resulting from such hearing, have all the rights of a State water pollution control agency. Nothing in this subsection shall be construed to modify, amend, repeal, or otherwise affect the provisions of the 1909 Boundary Waters Treaty between Canada and the United States or the Water Utilization Treaty of 1944 between Mexico and the United States ( 59 Stat. 1219 (b) Functions and responsibilities of Administrator not affected The calling of a hearing under this section shall not be construed by the courts, the Administrator, or any person as limiting, modifying, or otherwise affecting the functions and responsibilities of the Administrator under this section to establish and enforce water quality requirements under this chapter. (c) Hearing board; composition; findings of fact; recommendations; implementation of boards decision The Administrator shall publish in the Federal Register a notice of a public hearing before a hearing board of five or more persons appointed by the Administrator. A majority of the members of the board and the chairman who shall be designated by the Administrator shall not be officers or employees of Federal, State, or local governments. On the basis of the evidence presented at such hearing, the board shall within sixty days after completion of the hearing make findings of fact as to whether or not such pollution is occurring and shall thereupon by decision, incorporating its findings therein, make such recommendations to abate the pollution as may be appropriate and shall transmit such decision and the record of the hearings to the Administrator. All such decisions shall be public. Upon receipt of such decision, the Administrator shall promptly implement the boards decision in accordance with the provisions of this chapter. (d) Report by alleged polluter In connection with any hearing called under this subsection, the board is authorized to require any person whose alleged activities result in discharges causing or contributing to pollution to file with it in such forms as it may prescribe, a report based on existing data, furnishing such information as may reasonably be required as to the character, kind, and quantity of such discharges and the use of facilities or other means to prevent or reduce such discharges by the person filing such a report. Such report shall be made under oath or otherwise, as the board may prescribe, and shall be filed with the board within such reasonable period as it may prescribe, unless additional time is granted by it. Upon a showing satisfactory to the board by the person filing such report that such report or portion thereof (other than effluent data), to which the Administrator has access under this section, if made public would divulge trade secrets or secret processes of such person, the board shall consider such report or portion thereof confidential for the purposes of section 1905 of title 18 (e) Compensation of board members Board members, other than officers or employees of Federal, State, or local governments, shall be for each day (including travel-time) during which they are performing board business, entitled to receive compensation at a rate fixed by the Administrator but not in excess of the maximum rate of pay for grade GS18, as provided in the General Schedule under section 5332 of title 5 (f) Enforcement proceedings When any such recommendation adopted by the Administrator involves the institution of enforcement proceedings against any person to obtain the abatement of pollution subject to such recommendation, the Administrator shall institute such proceedings if he believes that the evidence warrants such proceedings. The district court of the United States shall consider and determine de novo all relevant issues, but shall receive in evidence the record of the proceedings before the conference or hearing board. The court shall have jurisdiction to enter such judgment and orders enforcing such judgment as it deems appropriate or to remand such proceedings to the Administrator for such further action as it may direct. ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 860  Statutory Notes and Related Subsidiaries References in Other Laws to GS16, 17, or 18 Pay Rates References in laws to the rates of pay for GS16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I,  101(c)(1)] of Pub. L. 101509 section 5376 of Title 5  1321. Oil and hazardous substance liability (a) Definitions For the purpose of this section, the term (1) oil means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil; (2) discharge includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping, but excludes (A) discharges in compliance with a permit under section 1342 of this title section 1342 of this title 1 1 section 1342 of this title (3) vessel means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water other than a public vessel; (4) public vessel means a vessel owned or bareboat-chartered and operated by the United States, or by a State or political subdivision thereof, or by a foreign nation, except when such vessel is engaged in commerce; (5) United States means the States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands; (6) owner or operator means (A) in the case of a vessel, any person owning, operating, or chartering by demise, such vessel, and (B) in the case of an onshore facility, and an offshore facility, any person owning or operating such onshore facility or offshore facility, and (C) in the case of any abandoned offshore facility, the person who owned or operated such facility immediately prior to such abandonment; (7) person includes an individual, firm, corporation, association, and a partnership; (8) remove or removal refers to containment and removal of the oil or hazardous substances from the water and shorelines or the taking of such other actions as may be necessary to prevent, minimize, or mitigate damage to the public health or welfare, including, but not limited to, fish, shellfish, wildlife, and public and private property, shorelines, and beaches; (9) contiguous zone means the entire zone established or to be established by the United States under article 24 of the Convention on the Territorial Sea and the Contiguous Zone; (10) onshore facility means any facility (including, but not limited to, motor vehicles and rolling stock) of any kind located in, on, or under, any land within the United States other than submerged land; (11) offshore facility means any facility of any kind located in, on, or under, any of the navigable waters of the United States, any facility of any kind which is subject to the jurisdiction of the United States and is located in, on, or under any other waters, other than a vessel or a public vessel, and, for the purposes of applying subsections (b), (c), (e), and ( o 2 2 (12) act of God means an act occasioned by an unanticipated grave natural disaster; (13) barrel means 42 United States gallons at 60 degrees Fahrenheit; (14) hazardous substance means any substance designated pursuant to subsection (b)(2) of this section; (15) inland oil barge means a non-self-propelled vessel carrying oil in bulk as cargo and certificated to operate only in the inland waters of the United States, while operating in such waters; (16) inland waters of the United States means those waters of the United States lying inside the baseline from which the territorial sea is measured and those waters outside such baseline which are a part of the Gulf Intracoastal Waterway; (17) otherwise subject to the jurisdiction of the United States means subject to the jurisdiction of the United States by virtue of United States citizenship, United States vessel documentation or numbering, or as provided for by international agreement to which the United States is a party; (18) Area Committee means an Area Committee established under subsection (j); (19) Area Contingency Plan means an Area Contingency Plan prepared under subsection (j); (20) Coast Guard District Response Group means a Coast Guard District Response Group established under subsection (j); (21) Federal On-Scene Coordinator means a Federal On-Scene Coordinator designated in the National Contingency Plan; (22) National Contingency Plan means the National Contingency Plan prepared and published under subsection (d); (23) National Response Unit means the National Response Unit established under subsection (j); (24) worst case discharge means (A) in the case of a vessel, a discharge in adverse weather conditions of its entire cargo; and (B) in the case of an offshore facility or onshore facility, the largest foreseeable discharge in adverse weather conditions; (25) removal costs means (A) the costs of removal of oil or a hazardous substance that are incurred after it is discharged; and (B) in any case in which there is a substantial threat of a discharge of oil or a hazardous substance, the costs to prevent, minimize, or mitigate that threat; (26) nontank vessel means a self-propelled vessel that (A) is at least 400 gross tons as measured under section 14302 of title 46 (B) is not a tank vessel; (C) carries oil of any kind as fuel for main propulsion; and (D) operates on the navigable waters of the United States, as defined in section 2101(23) of that title; (27) the term best available science means science that (A) maximizes the quality, objectivity, and integrity of information, including statistical information; (B) uses peer-reviewed and publicly available data; and (C) clearly documents and communicates risks and uncertainties in the scientific basis for such projects; (28) the term Chairperson means the Chairperson of the Council; (29) the term coastal political subdivision means any local political jurisdiction that is immediately below the State level of government, including a county, parish, or borough, with a coastline that is contiguous with any portion of the United States Gulf of Mexico; (30) the term Comprehensive Plan means the comprehensive plan developed by the Council pursuant to subsection (t); (31) the term Council means the Gulf Coast Ecosystem Restoration Council established pursuant to subsection (t); (32) the term Deepwater Horizon oil spill means the blowout and explosion of the mobile offshore drilling unit Deepwater Horizon April 20, 2010 (33) the term Gulf Coast region means (A) in the Gulf Coast States, the coastal zones (as that term is defined in section 1453 of title 16 1 1 (B) any adjacent land, water, and watersheds, that are within 25 miles of the coastal zones described in subparagraph (A) of the Gulf Coast States; and (C) all Federal waters in the Gulf of Mexico; (34) the term Gulf Coast State means any of the States of Alabama, Florida, Louisiana, Mississippi, and Texas; and (35) the term Trust Fund means the Gulf Coast Restoration Trust Fund established pursuant to section 1602 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012. (b) Congressional declaration of policy against discharges of oil or hazardous substances; designation of hazardous substances; study of higher standard of care incentives and report to Congress; liability; penalties; civil actions: penalty limitations, separate offenses, jurisdiction, mitigation of damages and costs, recovery of removal costs, alternative remedies, and withholding clearance of vessels (1) The Congress hereby declares that it is the policy of the United States that there should be no discharges of oil or hazardous substances into or upon the navigable waters of the United States, adjoining shorelines, or into or upon the waters of the contiguous zone, or in connection with activities under the Outer Continental Shelf Lands Act [ 43 U.S.C. 1331 33 U.S.C. 1501 16 U.S.C. 1801 (2) (A) The Administrator shall develop, promulgate, and revise as may be appropriate, regulations designating as hazardous substances, other than oil as defined in this section, such elements and compounds which, when discharged in any quantity into or upon the navigable waters of the United States or adjoining shorelines or the waters of the contiguous zone or in connection with activities under the Outer Continental Shelf Lands Act [ 43 U.S.C. 1331 33 U.S.C. 1501 16 U.S.C. 1801 (B) The Administrator shall within 18 months after the date of enactment of this paragraph, conduct a study and report to the Congress on methods, mechanisms, and procedures to create incentives to achieve a higher standard of care in all aspects of the management and movement of hazardous substances on the part of owners, operators, or persons in charge of onshore facilities, offshore facilities, or vessels. The Administrator shall include in such study (1) limits of liability, (2) liability for third party damages, (3) penalties and fees, (4) spill prevention plans, (5) current practices in the insurance and banking industries, and (6) whether the penalty enacted in subclause (bb) of clause (iii) of subparagraph (B) of subsection (b)(2) of section 311 of Public Law 92500 (3) The discharge of oil or hazardous substances (i) into or upon the navigable waters of the United States, adjoining shorelines, or into or upon the waters of the contiguous zone, or (ii) in connection with activities under the Outer Continental Shelf Lands Act [ 43 U.S.C. 1331 33 U.S.C. 1501 16 U.S.C. 1801 (4) The President shall by regulation determine for the purposes of this section those quantities of oil and any hazardous substances the discharge of which may be harmful to the public health or welfare or the environment of the United States, including but not limited to fish, shellfish, wildlife, and public and private property, shorelines, and beaches. (5) Any person in charge of a vessel or of an onshore facility or an offshore facility shall, as soon as he has knowledge of any discharge of oil or a hazardous substance from such vessel or facility in violation of paragraph (3) of this subsection, immediately notify the appropriate agency of the United States Government of such discharge. The Federal agency shall immediately notify the appropriate State agency of any State which is, or may reasonably be expected to be, affected by the discharge of oil or a hazardous substance. Any such person (A) in charge of a vessel from which oil or a hazardous substance is discharged in violation of paragraph (3)(i) of this subsection, or (B) in charge of a vessel from which oil or a hazardous substance is discharged in violation of paragraph (3)(ii) of this subsection and who is otherwise subject to the jurisdiction of the United States at the time of the discharge, or (C) in charge of an onshore facility or an offshore facility, who fails to notify immediately such agency of such discharge shall, upon conviction, be fined in accordance with title 18, or imprisoned for not more than 5 years, or both. Notification received pursuant to this paragraph shall not be used against any such natural person in any criminal case, except a prosecution for perjury or for giving a false statement. (6)  Administrative penalties. (A)  Violations Any owner, operator, or person in charge of any vessel, onshore facility, or offshore facility (i) from which oil or a hazardous substance is discharged in violation of paragraph (3), or (ii) who fails or refuses to comply with any regulation issued under subsection (j) to which that owner, operator, or person in charge is subject, may be assessed a class I or class II civil penalty by the Secretary of the department in which the Coast Guard is operating, the Secretary of Transportation, or the Administrator. (B)  Classes of penalties. (i)  Class i The amount of a class I civil penalty under subparagraph (A) may not exceed $10,000 per violation, except that the maximum amount of any class I civil penalty under this subparagraph shall not exceed $25,000. Before assessing a civil penalty under this clause, the Administrator or Secretary, as the case may be, shall give to the person to be assessed such penalty written notice of the Administrators or Secretarys proposal to assess the penalty and the opportunity to request, within 30 days of the date the notice is received by such person, a hearing on the proposed penalty. Such hearing shall not be subject to section 554 or 556 of title 5, but shall provide a reasonable opportunity to be heard and to present evidence. (ii)  Class ii The amount of a class II civil penalty under subparagraph (A) may not exceed $10,000 per day for each day during which the violation continues; except that the maximum amount of any class II civil penalty under this subparagraph shall not exceed $125,000. Except as otherwise provided in this subsection, a class II civil penalty shall be assessed and collected in the same manner, and subject to the same provisions, as in the case of civil penalties assessed and collected after notice and opportunity for a hearing on the record in accordance with section 554 of title 5 (C)  Rights of interested persons. (i)  Public notice Before issuing an order assessing a class II civil penalty under this paragraph the Administrator or Secretary, as the case may be, shall provide public notice of and reasonable opportunity to comment on the proposed issuance of such order. (ii)  Presentation of evidence Any person who comments on a proposed assessment of a class II civil penalty under this paragraph shall be given notice of any hearing held under this paragraph and of the order assessing such penalty. In any hearing held under this paragraph, such person shall have a reasonable opportunity to be heard and to present evidence. (iii)  Rights of interested persons to a hearing If no hearing is held under subparagraph (B) before issuance of an order assessing a class II civil penalty under this paragraph, any person who commented on the proposed assessment may petition, within 30 days after the issuance of such order, the Administrator or Secretary, as the case may be, to set aside such order and to provide a hearing on the penalty. If the evidence presented by the petitioner in support of the petition is material and was not considered in the issuance of the order, the Administrator or Secretary shall immediately set aside such order and provide a hearing in accordance with subparagraph (B)(ii). If the Administrator or Secretary denies a hearing under this clause, the Administrator or Secretary shall provide to the petitioner, and publish in the Federal Register, notice of and the reasons for such denial. (D)  Finality of order An order assessing a class II civil penalty under this paragraph shall become final 30 days after its issuance unless a petition for judicial review is filed under subparagraph (G) or a hearing is requested under subparagraph (C)(iii). If such a hearing is denied, such order shall become final 30 days after such denial. (E)  Effect of order Action taken by the Administrator or Secretary, as the case may be, under this paragraph shall not affect or limit the Administrators or Secretarys authority to enforce any provision of this chapter; except that any violation (i) with respect to which the Administrator or Secretary has commenced and is diligently prosecuting an action to assess a class II civil penalty under this paragraph, or (ii) for which the Administrator or Secretary has issued a final order assessing a class II civil penalty not subject to further judicial review and the violator has paid a penalty assessed under this paragraph, shall not be the subject of a civil penalty action under section 1319(d), 1319(g), or 1365 of this title or under paragraph (7). (F)  Effect of action on compliance No action by the Administrator or Secretary under this paragraph shall affect any persons obligation to comply with any section of this chapter. (G)  Judicial review Any person against whom a civil penalty is assessed under this paragraph or who commented on the proposed assessment of such penalty in accordance with subparagraph (C) may obtain review of such assessment (i) in the case of assessment of a class I civil penalty, in the United States District Court for the District of Columbia or in the district in which the violation is alleged to have occurred, or (ii) in the case of assessment of a class II civil penalty, in United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which such person resides or transacts business, by filing a notice of appeal in such court within the 30-day period beginning on the date the civil penalty order is issued and by simultaneously sending a copy of such notice by certified mail to the Administrator or Secretary, as the case may be, and the Attorney General. The Administrator or Secretary shall promptly file in such court a certified copy of the record on which the order was issued. Such court shall not set aside or remand such order unless there is not substantial evidence in the record, taken as a whole, to support the finding of a violation or unless the Administrators or Secretarys assessment of the penalty constitutes an abuse of discretion and shall not impose additional civil penalties for the same violation unless the Administrators or Secretarys assessment of the penalty constitutes an abuse of discretion. (H)  Collection If any person fails to pay an assessment of a civil penalty (i) after the assessment has become final, or (ii) after a court in an action brought under subparagraph (G) has entered a final judgment in favor of the Administrator or Secretary, as the case may be, the Administrator or Secretary shall request the Attorney General to bring a civil action in an appropriate district court to recover the amount assessed (plus interest at currently prevailing rates from the date of the final order or the date of the final judgment, as the case may be). In such an action, the validity, amount, and appropriateness of such penalty shall not be subject to review. Any person who fails to pay on a timely basis the amount of an assessment of a civil penalty as described in the first sentence of this subparagraph shall be required to pay, in addition to such amount and interest, attorneys fees and costs for collection proceedings and a quarterly nonpayment penalty for each quarter during which such failure to pay persists. Such nonpayment penalty shall be in an amount equal to 20 percent of the aggregate amount of such persons penalties and nonpayment penalties which are unpaid as of the beginning of such quarter. (I)  Subpoenas The Administrator or Secretary, as the case may be, may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, or documents in connection with hearings under this paragraph. In case of contumacy or refusal to obey a subpoena issued pursuant to this subparagraph and served upon any person, the district court of the United States for any district in which such person is found, resides, or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the administrative law judge or to appear and produce documents before the administrative law judge, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof. (7)  Civil penalty action. (A)  Discharge, generally Any person who is the owner, operator, or person in charge of any vessel, onshore facility, or offshore facility from which oil or a hazardous substance is discharged in violation of paragraph (3), shall be subject to a civil penalty in an amount up to $25,000 per day of violation or an amount up to $1,000 per barrel of oil or unit of reportable quantity of hazardous substances discharged. (B)  Failure to remove or comply Any person described in subparagraph (A) who, without sufficient cause (i) fails to properly carry out removal of the discharge under an order of the President pursuant to subsection (c); or (ii) fails to comply with an order pursuant to subsection (e)(1)(B); shall be subject to a civil penalty in an amount up to $25,000 per day of violation or an amount up to 3 times the costs incurred by the Oil Spill Liability Trust Fund as a result of such failure. (C)  Failure to comply with regulation Any person who fails or refuses to comply with any regulation issued under subsection (j) shall be subject to a civil penalty in an amount up to $25,000 per day of violation. (D)  Gross negligence In any case in which a violation of paragraph (3) was the result of gross negligence or willful misconduct of a person described in subparagraph (A), the person shall be subject to a civil penalty of not less than $100,000, and not more than $3,000 per barrel of oil or unit of reportable quantity of hazardous substance discharged. (E)  Jurisdiction An action to impose a civil penalty under this paragraph may be brought in the district court of the United States for the district in which the defendant is located, resides, or is doing business, and such court shall have jurisdiction to assess such penalty. (F)  Limitation A person is not liable for a civil penalty under this paragraph for a discharge if the person has been assessed a civil penalty under paragraph (6) for the discharge. (8)  Determination of amount In determining the amount of a civil penalty under paragraphs (6) and (7), the Administrator, Secretary, or the court, as the case may be, shall consider the seriousness of the violation or violations, the economic benefit to the violator, if any, resulting from the violation, the degree of culpability involved, any other penalty for the same incident, any history of prior violations, the nature, extent, and degree of success of any efforts of the violator to minimize or mitigate the effects of the discharge, the economic impact of the penalty on the violator, and any other matters as justice may require. (9)  Mitigation of damage In addition to establishing a penalty for the discharge of oil or a hazardous substance, the Administrator or the Secretary of the department in which the Coast Guard is operating may act to mitigate the damage to the public health or welfare caused by such discharge. The cost of such mitigation shall be deemed a cost incurred under subsection (c) of this section for the removal of such substance by the United States Government. (10)  Recovery of removal costs Any costs of removal incurred in connection with a discharge excluded by subsection (a)(2)(C) of this section shall be recoverable from the owner or operator of the source of the discharge in an action brought under section 1319(b) of this title (11)  Limitation Civil penalties shall not be assessed under both this section and section 1319 of this title (12)  Withholding clearance If any owner, operator, or person in charge of a vessel is liable for a civil penalty under this subsection, or if reasonable cause exists to believe that the owner, operator, or person in charge may be subject to a civil penalty under this subsection, the Secretary of the Treasury, upon the request of the Secretary of the department in which the Coast Guard is operating or the Administrator, shall with respect to such vessel refuse or revoke (A) the clearance required by section 60105 of title 46 (B) a permit to proceed under section 4367 of the Revised Statutes of the United States (46 U.S.C. App. 313); 2 (C) a permit to depart required under section 1443 2 as applicable. Clearance or a permit refused or revoked under this paragraph may be granted upon the filing of a bond or other surety satisfactory to the Secretary of the department in which the Coast Guard is operating or the Administrator. (c) Federal removal authority (1) General removal requirement (A) The President shall, in accordance with the National Contingency Plan and any appropriate Area Contingency Plan, ensure effective and immediate removal of a discharge, and mitigation or prevention of a substantial threat of a discharge, of oil or a hazardous substance (i) into or on the navigable waters; (ii) on the adjoining shorelines to the navigable waters; (iii) into or on the waters of the exclusive economic zone; or (iv) that may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States. (B) In carrying out this paragraph, the President may (i) remove or arrange for the removal of a discharge, and mitigate or prevent a substantial threat of a discharge, at any time; (ii) direct or monitor all Federal, State, and private actions to remove a discharge; and (iii) remove and, if necessary, destroy a vessel discharging, or threatening to discharge, by whatever means are available. (2) Discharge posing substantial threat to public health or welfare (A) If a discharge, or a substantial threat of a discharge, of oil or a hazardous substance from a vessel, offshore facility, or onshore facility is of such a size or character as to be a substantial threat to the public health or welfare of the United States (including but not limited to fish, shellfish, wildlife, other natural resources, and the public and private beaches and shorelines of the United States), the President shall direct all Federal, State, and private actions to remove the discharge or to mitigate or prevent the threat of the discharge. (B) In carrying out this paragraph, the President may, without regard to any other provision of law governing contracting procedures or employment of personnel by the Federal Government (i) remove or arrange for the removal of the discharge, or mitigate or prevent the substantial threat of the discharge; and (ii) remove and, if necessary, destroy a vessel discharging, or threatening to discharge, by whatever means are available. (3) Actions in accordance with National Contingency Plan (A) Each Federal agency, State, owner or operator, or other person participating in efforts under this subsection shall act in accordance with the National Contingency Plan or as directed by the President. (B) An owner or operator participating in efforts under this subsection shall act in accordance with the National Contingency Plan and the applicable response plan required under subsection (j), or as directed by the President, except that the owner or operator may deviate from the applicable response plan if the President or the Federal On-Scene Coordinator determines that deviation from the response plan would provide for a more expeditious or effective response to the spill or mitigation of its environmental effects. (C) In any case in which the President or the Federal On-Scene Coordinator authorizes a deviation from the salvor as part of a deviation under subparagraph (B) from the applicable response plan required under subsection (j), the Commandant of the Coast Guard shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the deviation and the reasons for such deviation not less than 3 days after such deviation is authorized. (4) Exemption from liability (A) A person is not liable for removal costs or damages which result from actions taken or omitted to be taken in the course of rendering care, assistance, or advice consistent with the National Contingency Plan or as otherwise directed by the President relating to a discharge or a substantial threat of a discharge of oil or a hazardous substance. (B) Subparagraph (A) does not apply (i) to a responsible party; (ii) to a response under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 (iii) with respect to personal injury or wrongful death; or (iv) if the person is grossly negligent or engages in willful misconduct. (C) A responsible party is liable for any removal costs and damages that another person is relieved of under subparagraph (A). (5) Obligation and liability of owner or operator not affected Nothing in this subsection affects (A) the obligation of an owner or operator to respond immediately to a discharge, or the threat of a discharge, of oil; or (B) the liability of a responsible party under the Oil Pollution Act of 1990 [ 33 U.S.C. 2701 (6) Responsible party defined For purposes of this subsection, the term responsible party has the meaning given that term under section 1001 of the Oil Pollution Act of 1990 [ 33 U.S.C. 2701 (d) National Contingency Plan (1) Preparation by President The President shall prepare and publish a National Contingency Plan for removal of oil and hazardous substances pursuant to this section. (2) Contents The National Contingency Plan shall provide for efficient, coordinated, and effective action to minimize damage from oil and hazardous substance discharges, including containment, dispersal, and removal of oil and hazardous substances, and shall include, but not be limited to, the following: (A) Assignment of duties and responsibilities among Federal departments and agencies in coordination with State and local agencies and port authorities including, but not limited to, water pollution control and conservation and trusteeship of natural resources (including conservation of fish and wildlife). (B) Identification, procurement, maintenance, and storage of equipment and supplies. (C) Establishment or designation of Coast Guard strike teams, consisting of (i) personnel who shall be trained, prepared, and available to provide necessary services to carry out the National Contingency Plan; (ii) adequate oil and hazardous substance pollution control equipment and material; and (iii) a detailed oil and hazardous substance pollution and prevention plan, including measures to protect fisheries and wildlife. (D) A system of surveillance and notice designed to safeguard against as well as ensure earliest possible notice of discharges of oil and hazardous substances and imminent threats of such discharges to the appropriate State and Federal agencies. (E) Establishment of a national center to provide coordination and direction for operations in carrying out the Plan. (F) Procedures and techniques to be employed in identifying, containing, dispersing, and removing oil and hazardous substances. (G) A schedule, prepared in cooperation with the States, identifying (i) dispersants, other chemicals, and other spill mitigating devices and substances, if any, that may be used in carrying out the Plan, (ii) the waters in which such dispersants, other chemicals, and other spill mitigating devices and substances may be used, and (iii) the quantities of such dispersant, other chemicals, or other spill mitigating device or substance which can be used safely in such waters, which schedule shall provide in the case of any dispersant, chemical, spill mitigating device or substance, or waters not specifically identified in such schedule that the President, or his delegate, may, on a case-by-case basis, identify the dispersants, other chemicals, and other spill mitigating devices and substances which may be used, the waters in which they may be used, and the quantities which can be used safely in such waters. (H) A system whereby the State or States affected by a discharge of oil or hazardous substance may act where necessary to remove such discharge and such State or States may be reimbursed in accordance with the Oil Pollution Act of 1990 [ 33 U.S.C. 2701 (I) Establishment of criteria and procedures to ensure immediate and effective Federal identification of, and response to, a discharge, or the threat of a discharge, that results in a substantial threat to the public health or welfare of the United States, as required under subsection (c)(2). (J) Establishment of procedures and standards for removing a worst case discharge of oil, and for mitigating or preventing a substantial threat of such a discharge. (K) Designation of the Federal official who shall be the Federal On-Scene Coordinator for each area for which an Area Contingency Plan is required to be prepared under subsection (j). (L) Establishment of procedures for the coordination of activities of (i) Coast Guard strike teams established under subparagraph (C); (ii) Federal On-Scene Coordinators designated under subparagraph (K); (iii) District Response Groups established under subsection (j); and (iv) Area Committees established under subsection (j). (M) A fish and wildlife response plan, developed in consultation with the United States Fish and Wildlife Service, the National Oceanic and Atmospheric Administration, and other interested parties (including State fish and wildlife conservation officials), for the immediate and effective protection, rescue, and rehabilitation of, and the minimization of risk of damage to, fish and wildlife resources and their habitat that are harmed or that may be jeopardized by a discharge. (3) Revisions and amendments The President may, from time to time, as the President deems advisable, revise or otherwise amend the National Contingency Plan. (4) Actions in accordance with National Contingency Plan After publication of the National Contingency Plan, the removal of oil and hazardous substances and actions to minimize damage from oil and hazardous substance discharges shall, to the greatest extent possible, be in accordance with the National Contingency Plan. (e) Civil enforcement (1) Orders protecting public health In addition to any action taken by a State or local government, when the President determines that there may be an imminent and substantial threat to the public health or welfare of the United States, including fish, shellfish, and wildlife, public and private property, shorelines, beaches, habitat, and other living and nonliving natural resources under the jurisdiction or control of the United States, because of an actual or threatened discharge of oil or a hazardous substance from a vessel or facility in violation of subsection (b), the President may (A) require the Attorney General to secure any relief from any person, including the owner or operator of the vessel or facility, as may be necessary to abate such endangerment; or (B) after notice to the affected State, take any other action under this section, including issuing administrative orders, that may be necessary to protect the public health and welfare. (2) Jurisdiction of district courts The district courts of the United States shall have jurisdiction to grant any relief under this subsection that the public interest and the equities of the case may require. (f) Liability for actual costs of removal (1) Except where an owner or operator can prove that a discharge was caused solely by (A) an act of God, (B) an act of war, (C) negligence on the part of the United States Government, or (D) an act or omission of a third party without regard to whether any such act or omission was or was not negligent, or any combination of the foregoing clauses, such owner or operator of any vessel from which oil or a hazardous substance is discharged in violation of subsection (b)(3) of this section shall, notwithstanding any other provision of law, be liable to the United States Government for the actual costs incurred under subsection (c) for the removal of such oil or substance by the United States Government in an amount not to exceed, in the case of an inland oil barge $125 per gross ton of such barge, or $125,000, whichever is greater, and in the case of any other vessel, $150 per gross ton of such vessel (or, for a vessel carrying oil or hazardous substances as cargo, $250,000), whichever is greater, except that where the United States can show that such discharge was the result of willful negligence or willful misconduct within the privity and knowledge of the owner, such owner or operator shall be liable to the United States Government for the full amount of such costs. Such costs shall constitute a maritime lien on such vessel which may be recovered in an action in rem in the district court of the United States for any district within which any vessel may be found. The United States may also bring an action against the owner or operator of such vessel in any court of competent jurisdiction to recover such costs. (2) Except where an owner or operator of an onshore facility can prove that a discharge was caused solely by (A) an act of God, (B) an act of war, (C) negligence on the part of the United States Government, or (D) an act or omission of a third party without regard to whether any such act or omission was or was not negligent, or any combination of the foregoing clauses, such owner or operator of any such facility from which oil or a hazardous substance is discharged in violation of subsection (b)(3) of this section shall be liable to the United States Government for the actual costs incurred under subsection (c) for the removal of such oil or substance by the United States Government in an amount not to exceed $50,000,000, except that where the United States can show that such discharge was the result of willful negligence or willful misconduct within the privity and knowledge of the owner, such owner or operator shall be liable to the United States Government for the full amount of such costs. The United States may bring an action against the owner or operator of such facility in any court of competent jurisdiction to recover such costs. The Administrator is authorized, by regulation, after consultation with the Secretary of Commerce and the Small Business Administration, to establish reasonable and equitable classifications of those onshore facilities having a total fixed storage capacity of 1,000 barrels or less which he determines because of size, type, and location do not present a substantial risk of the discharge of oil or a hazardous substance in violation of subsection (b)(3) of this section, and apply with respect to such classifications differing limits of liability which may be less than the amount contained in this paragraph. (3) Except where an owner or operator of an offshore facility can prove that a discharge was caused solely by (A) an act of God, (B) an act of war, (C) negligence on the part of the United States Government, or (D) an act or omission of a third party without regard to whether any such act or omission was or was not negligent, or any combination of the foregoing clauses, such owner or operator of any such facility from which oil or a hazardous substance is discharged in violation of subsection (b)(3) of this section shall, notwithstanding any other provision of law, be liable to the United States Government for the actual costs incurred under subsection (c) for the removal of such oil or substance by the United States Government in an amount not to exceed $50,000,000, except that where the United States can show that such discharge was the result of willful negligence or willful misconduct within the privity and knowledge of the owner, such owner or operator shall be liable to the United States Government for the full amount of such costs. The United States may bring an action against the owner or operator of such a facility in any court of competent jurisdiction to recover such costs. (4) The costs of removal of oil or a hazardous substance for which the owner or operator of a vessel or onshore or offshore facility is liable under subsection (f) of this section shall include any costs or expenses incurred by the Federal Government or any State government in the restoration or replacement of natural resources damaged or destroyed as a result of a discharge of oil or a hazardous substance in violation of subsection (b) of this section. (5) The President, or the authorized representative of any State, shall act on behalf of the public as trustee of the natural resources to recover for the costs of replacing or restoring such resources. Sums recovered shall be used to restore, rehabilitate, or acquire the equivalent of such natural resources by the appropriate agencies of the Federal Government, or the State government. (g) Third party liability Where the owner or operator of a vessel (other than an inland oil barge) carrying oil or hazardous substances as cargo or an onshore or offshore facility which handles or stores oil or hazardous substances in bulk, from which oil or a hazardous substance is discharged in violation of subsection (b) of this section, alleges that such discharge was caused solely by an act or omission of a third party, such owner or operator shall pay to the United States Government the actual costs incurred under subsection (c) for removal of such oil or substance and shall be entitled by subrogation to all rights of the United States Government to recover such costs from such third party under this subsection. In any case where an owner or operator of a vessel, of an onshore facility, or of an offshore facility, from which oil or a hazardous substance is discharged in violation of subsection (b)(3) of this section, proves that such discharge of oil or hazardous substance was caused solely by an act or omission of a third party, or was caused solely by such an act or omission in combination with an act of God, an act of war, or negligence on the part of the United States Government, such third party shall, notwithstanding any other provision of law, be liable to the United States Government for the actual costs incurred under subsection (c) for removal of such oil or substance by the United States Government, except where such third party can prove that such discharge was caused solely by (A) an act of God, (B) an act of war, (C) negligence on the part of the United States Government, or (D) an act or omission of another party without regard to whether such act or omission was or was not negligent, or any combination of the foregoing clauses. If such third party was the owner or operator of a vessel which caused the discharge of oil or a hazardous substance in violation of subsection (b)(3) of this section, the liability of such third party under this subsection shall not exceed, in the case of an inland oil barge $125 per gross ton of such barge, or $125,000, whichever is greater, and in the case of any other vessel, $150 per gross ton of such vessel (or, for a vessel carrying oil or hazardous substances as cargo, $250,000), whichever is greater. In any other case the liability of such third party shall not exceed the limitation which would have been applicable to the owner or operator of the vessel or the onshore or offshore facility from which the discharge actually occurred if such owner or operator were liable. If the United States can show that the discharge of oil or a hazardous substance in violation of subsection (b)(3) of this section was the result of willful negligence or willful misconduct within the privity and knowledge of such third party, such third party shall be liable to the United States Government for the full amount of such removal costs. The United States may bring an action against the third party in any court of competent jurisdiction to recover such removal costs. (h) Rights against third parties who caused or contributed to discharge The liabilities established by this section shall in no way affect any rights which (1) the owner or operator of a vessel or of an onshore facility or an offshore facility may have against any third party whose acts may in any way have caused or contributed to such discharge, or (2) The 3 3 (i) Recovery of removal costs In any case where an owner or operator of a vessel or an onshore facility or an offshore facility from which oil or a hazardous substance is discharged in violation of subsection (b)(3) of this section acts to remove such oil or substance in accordance with regulations promulgated pursuant to this section, such owner or operator shall be entitled to recover the reasonable costs incurred in such removal upon establishing, in a suit which may be brought against the United States Government in the United States Court of Federal Claims, that such discharge was caused solely by (A) an act of God, (B) an act of war, (C) negligence on the part of the United States Government, or (D) an act or omission of a third party without regard to whether such act or omission was or was not negligent, or of any combination of the foregoing causes. (j) National Response System (1) In general Consistent with the National Contingency Plan required by subsection (c)(2) 2 October 18, 1972 (2) National Response Unit The Secretary of the department in which the Coast Guard is operating shall establish a National Response Unit at Elizabeth City, North Carolina. The Secretary, acting through the National Response Unit (A) shall compile and maintain a comprehensive computer list of spill removal resources, personnel, and equipment that is available worldwide and within the areas designated by the President pursuant to paragraph (4), and of information regarding previous spills, including data from universities, research institutions, State governments, and other nations, as appropriate, which shall be disseminated as appropriate to response groups and area committees, and which shall be available to Federal and State agencies and the public; (B) shall provide technical assistance, equipment, and other resources requested by a Federal On-Scene Coordinator; (C) shall coordinate use of private and public personnel and equipment to remove a worst case discharge, and to mitigate or prevent a substantial threat of such a discharge, from a vessel, offshore facility, or onshore facility operating in or near an area designated by the President pursuant to paragraph (4); (D) may provide technical assistance in the preparation of Area Contingency Plans required under paragraph (4); (E) shall administer Coast Guard strike teams established under the National Contingency Plan; (F) shall maintain on file all Area Contingency Plans approved by the President under this subsection; and (G) shall review each of those plans that affects its responsibilities under this subsection. (3) Coast Guard District Response Groups (A) The Secretary of the department in which the Coast Guard is operating shall establish in each Coast Guard district a Coast Guard District Response Group. (B) Each Coast Guard District Response Group shall consist of (i) the Coast Guard personnel and equipment, including firefighting equipment, of each port within the district; (ii) additional prepositioned equipment; and (iii) a district response advisory staff. (C) Coast Guard district response groups (i) shall provide technical assistance, equipment, and other resources when required by a Federal On-Scene Coordinator; (ii) shall maintain all Coast Guard response equipment within its district; (iii) may provide technical assistance in the preparation of Area Contingency Plans required under paragraph (4); and (iv) shall review each of those plans that affect its area of geographic responsibility. (4) Area Committees and Area Contingency Plans (A) There is established for each area designated by the President an Area Committee comprised of members appointed by the President from qualified (i) personnel of Federal, State, and local agencies; and (ii) members of federally recognized Indian tribes, where applicable. (B) Each Area Committee, under the direction of the Federal On-Scene Coordinator for its area, shall (i) prepare for its area the Area Contingency Plan required under subparagraph (C); (ii) work with State, local, and tribal officials to enhance the contingency planning of those officials and to assure preplanning of joint response efforts, including appropriate procedures for mechanical recovery, dispersal, shoreline cleanup, protection of sensitive environmental areas, and protection, rescue, and rehabilitation of fisheries and wildlife, including advance planning with respect to the closing and reopening of fishing areas following a discharge; and (iii) work with State, local, and tribal officials to expedite decisions for the use of dispersants and other mitigating substances and devices. (C) Each Area Committee shall prepare and submit to the President for approval an Area Contingency Plan for its area. The Area Contingency Plan shall (i) when implemented in conjunction with the National Contingency Plan, be adequate to remove a worst case discharge, and to mitigate or prevent a substantial threat of such a discharge, from a vessel, offshore facility, or onshore facility operating in or near the area; (ii) describe the area covered by the plan, including the areas of special economic or environmental importance that might be damaged by a discharge; (iii) describe in detail the responsibilities of an owner or operator and of Federal, State, and local agencies in removing a discharge, and in mitigating or preventing a substantial threat of a discharge; (iv) list the equipment (including firefighting equipment), dispersants or other mitigating substances and devices, and personnel available to an owner or operator, Federal, State, and local agencies, and tribal governments, to ensure an effective and immediate removal of a discharge, and to ensure mitigation or prevention of a substantial threat of a discharge; (v) compile a list of local scientists, both inside and outside Federal Government service, with expertise in the environmental effects of spills of the types of oil typically transported in the area, who may be contacted to provide information or, where appropriate, participate in meetings of the scientific support team convened in response to a spill, and describe the procedures to be followed for obtaining an expedited decision regarding the use of dispersants; (vi) describe in detail how the plan is integrated into other Area Contingency Plans and vessel, offshore facility, and onshore facility response plans approved under this subsection, and into operating procedures of the National Response Unit; (vii) include a framework for advance planning and decisionmaking with respect to the closing and reopening of fishing areas following a discharge, including protocols and standards for the closing and reopening of fishing areas; (viii) include any other information the President requires; and (ix) be updated periodically by the Area Committee. (D) The President shall (i) review and approve Area Contingency Plans under this paragraph; and (ii) periodically review Area Contingency Plans so approved. (5) Tank vessel, nontank vessel, and facility response plans (A) (i) The President shall issue regulations which require an owner or operator of a tank vessel or facility described in subparagraph (C) to prepare and submit to the President a plan for responding, to the maximum extent practicable, to a worst case discharge, and to a substantial threat of such a discharge, of oil or a hazardous substance. (ii) The President shall also issue regulations which require an owner or operator of a nontank vessel to prepare and submit to the President a plan for responding, to the maximum extent practicable, to a worst case discharge, and to a substantial threat of such a discharge, of oil. (B) The Secretary of the Department in which the Coast Guard is operating may issue regulations which require an owner or operator of a tank vessel, a nontank vessel, or a facility described in subparagraph (C) that transfers noxious liquid substances in bulk to or from a vessel to prepare and submit to the Secretary a plan for responding, to the maximum extent practicable, to a worst case discharge, and to a substantial threat of such a discharge, of a noxious liquid substance that is not designated as a hazardous substance or regulated as oil in any other law or regulation. For purposes of this paragraph, the term noxious liquid substance has the same meaning when that term is used in the MARPOL Protocol described in section 1901(a)(3) 2 (C) The tank vessels, nontank vessels, and facilities referred to in subparagraphs (A) and (B) are the following: (i) A tank vessel, as defined under section 2101 of title 46 (ii) A nontank vessel. (iii) An offshore facility. (iv) An onshore facility that, because of its location, could reasonably be expected to cause substantial harm to the environment by discharging into or on the navigable waters, adjoining shorelines, or the exclusive economic zone. (D) A response plan required under this paragraph shall (i) be consistent with the requirements of the National Contingency Plan and Area Contingency Plans; (ii) identify the qualified individual having full authority to implement removal actions, and require immediate communications between that individual and the appropriate Federal official and the persons providing personnel and equipment pursuant to clause (iii); (iii) identify, and ensure by contract or other means approved by the President the availability of, private personnel and equipment necessary to remove to the maximum extent practicable a worst case discharge (including a discharge resulting from fire or explosion), and to mitigate or prevent a substantial threat of such a discharge; (iv) describe the training, equipment testing, periodic unannounced drills, and response actions of persons on the vessel or at the facility, to be carried out under the plan to ensure the safety of the vessel or facility and to mitigate or prevent the discharge, or the substantial threat of a discharge; (v) be updated periodically; and (vi) be resubmitted for approval of each significant change. (E) With respect to any response plan submitted under this paragraph for an onshore facility that, because of its location, could reasonably be expected to cause significant and substantial harm to the environment by discharging into or on the navigable waters or adjoining shorelines or the exclusive economic zone, and with respect to each response plan submitted under this paragraph for a tank vessel, nontank vessel, or offshore facility, the President shall (i) promptly review such response plan; (ii) require amendments to any plan that does not meet the requirements of this paragraph; (iii) approve any plan that meets the requirements of this paragraph; (iv) review each plan periodically thereafter; and (v) in the case of a plan for a nontank vessel, consider any applicable State-mandated response plan in effect on August 9, 2004 (F) A tank vessel, nontank vessel, offshore facility, or onshore facility required to prepare a response plan under this subsection may not handle, store, or transport oil unless (i) in the case of a tank vessel, nontank vessel, offshore facility, or onshore facility for which a response plan is reviewed by the President under subparagraph (E), the plan has been approved by the President; and (ii) the vessel or facility is operating in compliance with the plan. (G) Notwithstanding subparagraph (E), the President may authorize a tank vessel, nontank vessel, offshore facility, or onshore facility to operate without a response plan approved under this paragraph, until not later than 2 years after the date of the submission to the President of a plan for the tank vessel, nontank vessel, or facility, if the owner or operator certifies that the owner or operator has ensured by contract or other means approved by the President the availability of private personnel and equipment necessary to respond, to the maximum extent practicable, to a worst case discharge or a substantial threat of such a discharge. (H) The owner or operator of a tank vessel, nontank vessel, offshore facility, or onshore facility may not claim as a defense to liability under title I of the Oil Pollution Act of 1990 [ 33 U.S.C. 2701 (I) The Secretary shall maintain, in the Vessel Identification System established under chapter 125 of title 46, the dates of approval and review of a response plan under this paragraph for each tank vessel and nontank vessel that is a vessel of the United States. (6) Equipment requirements and inspection The President may require (A) periodic inspection of containment booms, skimmers, vessels, and other major equipment used to remove discharges; and (B) vessels operating on navigable waters and carrying oil or a hazardous substance in bulk as cargo, and nontank vessels carrying oil of any kind as fuel for main propulsion, to carry appropriate removal equipment that employs the best technology economically feasible and that is compatible with the safe operation of the vessel. (7) Area drills The President shall periodically conduct drills of removal capability, without prior notice, in areas for which Area Contingency Plans are required under this subsection and under relevant tank vessel, nontank vessel, and facility response plans. The drills may include participation by Federal, State, and local agencies, the owners and operators of vessels and facilities in the area, and private industry. The President may publish annual reports on these drills, including assessments of the effectiveness of the plans and a list of amendments made to improve plans. (8) United States Government not liable The United States Government is not liable for any damages arising from its actions or omissions relating to any response plan required by this section. (9) Western Alaska oil spill planning criteria program (A) Definitions In this paragraph: (i) Alternative planning criteria The term alternative planning criteria means criteria submitted under section 155.1065 or 155.5067 of title 33, Code of Federal Regulations (as in effect on December 23, 2022 (ii) Prince William Sound Captain of the Port Zone The term Prince William Sound Captain of the Port Zone means the area described in section 3.8515(b) of title 33, Code of Federal Regulations (or successor regulations). (iii) Secretary The term Secretary means the Secretary of the department in which the Coast Guard is operating. (iv) Vessel response plan The term vessel response plan means a plan required to be submitted by the owner or operator of a tank vessel or a nontank vessel under regulations issued by the President under paragraph (5). (v) Western Alaska Captain of the Port Zone The term Western Alaska Captain of the Port Zone means the area described in section 3.8515(a) of title 33, Code of Federal Regulations (as in effect on December 23, 2022 (B) Requirement Except as provided in subparagraph (I), for any part of the area of responsibility of the Western Alaska Captain of the Port Zone or the Prince William Sound Captain of the Port Zone for which the Secretary has determined that the national planning criteria established pursuant to this subsection are inappropriate for a vessel operating in such area, a vessel response plan with respect to a discharge of oil for such a vessel shall comply with the Western Alaska oil spill planning criteria established under subparagraph (D)(i). (C) Relation to national planning criteria The Western Alaska oil spill planning criteria established under subparagraph (D)(i) shall, with respect to a discharge of oil from a vessel described in subparagraph (B), apply in lieu of any alternative planning criteria accepted for vessels operating, prior to the date on which the Western Alaska oil spill planning criteria are established, in any part of the area of responsibility of the Western Alaska Captain of the Port Zone or the Prince William Sound Captain of the Port Zone for which the Secretary has determined that the national planning criteria established pursuant to this subsection are inappropriate for a vessel operating in such area. (D) Establishment of Western Alaska oil spill planning criteria (i) In general The President, acting through the Commandant, in consultation with the Western Alaska Oil Spill Criteria Program Manager selected under section 323 of title 14 (I) Western Alaska oil spill planning criteria for a worst case discharge of oil, and a substantial threat of such a discharge, within any part of the area of responsibility of the Western Alaska Captain of the Port Zone or Prince William Sound Captain of the Port Zone for which the Secretary has determined that the national planning criteria established pursuant to this subsection are inappropriate for a vessel operating in such area; and (II) standardized submission, review, approval, and compliance verification processes for the Western Alaska oil spill planning criteria established under this clause, including the quantity and frequency of drills and on-site verifications of vessel response plans approved pursuant to such planning criteria. (ii) Development of subregions (I) Development After establishing the Western Alaska oil spill planning criteria under clause (i), and if necessary to adequately reflect the needs and capabilities of various locations within the Western Alaska Captain of the Port Zone, the President, acting through the Commandant, and in consultation with the Western Alaska Oil Spill Criteria Program Manager selected under section 323 of title 14 (II) Limitation Any planning criteria for a subregion developed under this clause may not be less stringent than the Western Alaska oil spill planning criteria established under clause (i). (iii) Assessment (I) In general Prior to developing a subregion, the President, acting through the Commandant, shall conduct an assessment on any potential impacts to the entire Western Alaska Captain of the Port Zone to include quantity and availability of response resources in the proposed subregion and in surrounding areas and any changes or impacts to surrounding areas resulting in the development of a subregion with different standards. (II) Consultation In conducting an assessment under this clause, the President, acting through the Commandant, shall consult with State and local governments, Tribes (as defined in section 323 of title 14 (III) Submission The President, acting through the Commandant, shall submit the results of an assessment conducted under this clause to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (E) Inclusions (i) Requirements The Western Alaska oil spill planning criteria established under subparagraph (D)(i) shall include planning criteria for the following: (I) Mechanical oil spill response resources that are required to be located within any part of the area of responsibility of the Western Alaska Captain of the Port Zone or the Prince William Sound Captain of the Port Zone for which the Secretary has determined that the national planning criteria established pursuant to this subsection are inappropriate for a vessel operating in such area. (II) Response times for mobilization of oil spill response resources and arrival on the scene of a worst case discharge of oil, or substantial threat of such a discharge, occurring within such part of such area. (III) Pre-identified vessels for oil spill response that are capable of operating in the ocean environment. (IV) Ensuring the availability of at least 1 oil spill removal organization that is classified by the Coast Guard and that (aa) is capable of responding in all operating environments in such part of such area; (bb) controls oil spill response resources of dedicated and nondedicated resources within such part of such area, through ownership, contracts, agreements, or other means approved by the President, sufficient (AA) to mobilize and sustain a response to a worst case discharge of oil; and (BB) to contain, recover, and temporarily store discharged oil; (cc) has pre-positioned oil spill response resources in strategic locations throughout such part of such area in a manner that ensures the ability to support response personnel, marine operations, air cargo, or other related logistics infrastructure; (dd) has temporary storage capability using both dedicated and non-dedicated assets located within such part of such area; (ee) has non-mechanical oil spill response resources capable of responding to a discharge of persistent oil and a discharge of nonpersistent oil, whether the discharged oil was carried by a vessel as fuel or cargo; and (ff) has wildlife response resources for primary, secondary, and tertiary responses to support carcass collection, sampling, deterrence, rescue, and rehabilitation of birds, sea turtles, marine mammals, fishery resources, and other wildlife. (V) With respect to tank barges carrying nonpersistent oil in bulk as cargo, oil spill response resources that are required to be carried on board. (VI) Specifying a minimum length of time that approval of a vessel response plan under this paragraph is valid. (VII) Managing wildlife protection and rehabilitation, including identified wildlife protection and rehabilitation resources in that area. (ii) Additional considerations The Western Alaska oil spill planning criteria established under subparagraph (D)(i) may include planning criteria for the following: (I) Vessel routing measures consistent with international routing measure deviation protocols. (II) Maintenance of real-time continuous vessel tracking, monitoring, and engagement protocols with the ability to detect and address vessel operation anomalies. (F) Requirement for approval The President may approve a vessel response plan for a vessel under this paragraph only if the owner or operator of the vessel demonstrates the availability of the oil spill response resources required to be included in the vessel response plan under the Western Alaska oil spill planning criteria established under subparagraph (D)(i). (G) Periodic audits The Secretary shall conduct periodic audits to ensure compliance of vessel response plans and oil spill removal organizations within the Western Alaska Captain of the Port Zone and the Prince William Sound Captain of the Port Zone with the Western Alaska oil spill planning criteria established under subparagraph (D)(i). (H) Review of determination Not less frequently than once every 5 years, the Secretary shall review each determination of the Secretary under subparagraph (B) that the national planning criteria established pursuant to this subsection are inappropriate for a vessel operating in the area of responsibility of the Western Alaska Captain of the Port Zone and the Prince William Sound Captain of the Port Zone. (I) Vessels in Cook Inlet Unless otherwise authorized by the Secretary, a vessel may only operate in Cook Inlet, Alaska, under a vessel response plan approved under paragraph (5) that meets the requirements of the national planning criteria established pursuant to this subsection. (J) Savings provisions Nothing in this paragraph affects (i) the requirements under this subsection applicable to vessel response plans for vessels operating within the area of responsibility of the Western Alaska Captain of the Port Zone, within Cook Inlet, Alaska; (ii) the requirements under this subsection applicable to vessel response plans for vessels operating within the area of responsibility of the Prince William Sound Captain of the Port Zone that are subject to section 5005 of the Oil Pollution Act of 1990 ( 33 U.S.C. 2735 (iii) the authority of a Federal On-Scene Coordinator to use any available resources when responding to an oil spill. (k) Repealed. Pub. L. 101380, title II,  2002(b)(2) Aug. 18, 1990 104 Stat. 507 (l) Administration The President is authorized to delegate the administration of this section to the heads of those Federal departments, agencies, and instrumentalities which he determines to be appropriate. Each such department, agency, and instrumentality, in order to avoid duplication of effort, shall, whenever appropriate, utilize the personnel, services, and facilities of other Federal departments, agencies, and instrumentalities. (m) Administrative provisions (1) For vessels Anyone authorized by the President to enforce the provisions of this section with respect to any vessel may, except as to public vessels (A) board and inspect any vessel upon the navigable waters of the United States or the waters of the contiguous zone, (B) with or without a warrant, arrest any person who in the presence or view of the authorized person violates the provisions of this section or any regulation issued thereunder, and (C) execute any warrant or other process issued by an officer or court of competent jurisdiction. (2) For facilities (A) Recordkeeping Whenever required to carry out the purposes of this section, the Administrator, the Secretary of Transportation, or the Secretary of the Department in which the Coast Guard is operating shall require the owner or operator of a facility to which this section applies to establish and maintain such records, make such reports, install, use, and maintain such monitoring equipment and methods, and provide such other information as the Administrator or Secretary, as the case may be, may require to carry out the objectives of this section. (B) Entry and inspection Whenever required to carry out the purposes of this section, the Administrator, the Secretary of Transportation, or the Secretary of the Department in which the Coast Guard is operating or an authorized representative of the Administrator or Secretary, upon presentation of appropriate credentials, may (i) enter and inspect any facility to which this section applies, including any facility at which any records are required to be maintained under subparagraph (A); and (ii) at reasonable times, have access to and copy any records, take samples, and inspect any monitoring equipment or methods required under subparagraph (A). (C) Arrests and execution of warrants Anyone authorized by the Administrator or the Secretary of the department in which the Coast Guard is operating to enforce the provisions of this section with respect to any facility may (i) with or without a warrant, arrest any person who violates the provisions of this section or any regulation issued thereunder in the presence or view of the person so authorized; and (ii) execute any warrant or process issued by an officer or court of competent jurisdiction. (D) Public access Any records, reports, or information obtained under this paragraph shall be subject to the same public access and disclosure requirements which are applicable to records, reports, and information obtained pursuant to section 1318 of this title (n) Jurisdiction The several district courts of the United States are invested with jurisdiction for any actions, other than actions pursuant to subsection (i)( l 2 (o) Obligation for damages unaffected; local authority not preempted; existing Federal authority not modified or affected (1) Nothing in this section shall affect or modify in any way the obligations of any owner or operator of any vessel, or of any owner or operator of any onshore facility or offshore facility to any person or agency under any provision of law for damages to any publicly owned or privately owned property resulting from a discharge of any oil or hazardous substance or from the removal of any such oil or hazardous substance. (2) Nothing in this section shall be construed as preempting any State or political subdivision thereof from imposing any requirement or liability with respect to the discharge of oil or hazardous substance into any waters within such State, or with respect to any removal activities related to such discharge. (3) Nothing in this section shall be construed as affecting or modifying any other existing authority of any Federal department, agency, or instrumentality, relative to onshore or offshore facilities under this chapter or any other provision of law, or to affect any State or local law not in conflict with this section. (p) Repealed. Pub. L. 101380, title II,  2002(b)(4) Aug. 18, 1990 104 Stat. 507 (q) Establishment of maximum limit of liability with respect to onshore or offshore facilities The President is authorized to establish, with respect to any class or category of onshore or offshore facilities, a maximum limit of liability under subsections (f)(2) and (3) of this section of less than $50,000,000, but not less than $8,000,000. (r) Liability limitations not to limit liability under other legislation Nothing in this section shall be construed to impose, or authorize the imposition of, any limitation on liability under the Outer Continental Shelf Lands Act [ 43 U.S.C. 1331 33 U.S.C. 1501 (s) Oil Spill Liability Trust Fund The Oil Spill Liability Trust Fund established under section 9509 of title 26 l (t) Gulf Coast restoration and recovery (1) State allocation and expenditures (A) In general Of the total amounts made available in any fiscal year from the Trust Fund, 35 percent shall be available, in accordance with the requirements of this section, to the Gulf Coast States in equal shares for expenditure for ecological and economic restoration of the Gulf Coast region in accordance with this subsection. (B) Use of funds (i) Eligible activities in the Gulf Coast region Subject to clause (iii), amounts provided to the Gulf Coast States under this subsection may only be used to carry out 1 or more of the following activities in the Gulf Coast region: (I) Restoration and protection of the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast region. (II) Mitigation of damage to fish, wildlife, and natural resources. (III) Implementation of a federally approved marine, coastal, or comprehensive conservation management plan, including fisheries monitoring. (IV) Workforce development and job creation. (V) Improvements to or on State parks located in coastal areas affected by the Deepwater Horizon oil spill. (VI) Infrastructure projects benefitting the economy or ecological resources, including port infrastructure. (VII) Coastal flood protection and related infrastructure. (VIII) Planning assistance. (IX) Administrative costs of complying with this subsection. (ii) Activities to promote tourism and seafood in the Gulf Coast region Amounts provided to the Gulf Coast States under this subsection may be used to carry out 1 or more of the following activities: (I) Promotion of tourism in the Gulf Coast Region, including recreational fishing. (II) Promotion of the consumption of seafood harvested from the Gulf Coast Region. (iii) Limitation (I) In general Of the amounts received by a Gulf Coast State under this subsection, not more than 3 percent may be used for administrative costs eligible under clause (i)(IX). (II) Claims for compensation Activities funded under this subsection may not be included in any claim for compensation paid out by the Oil Spill Liability Trust Fund after July 6, 2012 (C) Coastal political subdivisions (i) Distribution In the case of a State where the coastal zone includes the entire State (I) 75 percent of funding shall be provided directly to the 8 disproportionately affected counties impacted by the Deepwater Horizon oil spill; and (II) 25 percent shall be provided directly to nondisproportionately impacted counties within the State. (ii) Nondisproportionately impacted counties The total amounts made available to coastal political subdivisions in the State of Florida under clause (i)(II) shall be distributed according to the following weighted formula: (I) 34 percent based on the weighted average of the population of the county. (II) 33 percent based on the weighted average of the county per capita sales tax collections estimated for fiscal year 2012. (III) 33 percent based on the inverse proportion of the weighted average distance from the Deepwater Horizon oil rig to each of the nearest and farthest points of the shoreline. (D) Louisiana (i) In general Of the total amounts made available to the State of Louisiana under this paragraph: (I) 70 percent shall be provided directly to the State in accordance with this subsection. (II) 30 percent shall be provided directly to parishes in the coastal zone (as defined in section 1453 of title 16 (aa) 40 percent based on the weighted average of miles of the parish shoreline oiled. (bb) 40 percent based on the weighted average of the population of the parish. (cc) 20 percent based on the weighted average of the land mass of the parish. (ii) Conditions (I) Land use plan As a condition of receiving amounts allocated under this paragraph, the chief executive of the eligible parish shall certify to the Governor of the State that the parish has completed a comprehensive land use plan. (II) Other conditions A coastal political subdivision receiving funding under this paragraph shall meet all of the conditions in subparagraph (E). (E) Conditions As a condition of receiving amounts from the Trust Fund, a Gulf Coast State, including the entities described in subparagraph (F), or a coastal political subdivision shall (i) agree to meet such conditions, including audit requirements, as the Secretary of the Treasury determines necessary to ensure that amounts disbursed from the Trust Fund will be used in accordance with this subsection; (ii) certify in such form and in such manner as the Secretary of the Treasury determines necessary that the project or program for which the Gulf Coast State or coastal political subdivision is requesting amounts (I) is designed to restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, coastal wetlands, or economy of the Gulf Coast; (II) carries out 1 or more of the activities described in clauses (i) and (ii) of subparagraph (B); (III) was selected based on meaningful input from the public, including broad-based participation from individuals, businesses, and nonprofit organizations; and (IV) in the case of a natural resource protection or restoration project, is based on the best available science; (iii) certify that the project or program and the awarding of a contract for the expenditure of amounts received under this paragraph are consistent with the standard procurement rules and regulations governing a comparable project or program in that State, including all applicable competitive bidding and audit requirements; and (iv) develop and submit a multiyear implementation plan for the use of such amounts, which may include milestones, projected completion of each activity, and a mechanism to evaluate the success of each activity in helping to restore and protect the Gulf Coast region impacted by the Deepwater Horizon oil spill. (F) Approval by State entity, task force, or agency The following Gulf Coast State entities, task forces, or agencies shall carry out the duties of a Gulf Coast State pursuant to this paragraph: (i) Alabama (I) In general In the State of Alabama, the Alabama Gulf Coast Recovery Council, which shall be comprised of only the following: (aa) The Governor of Alabama, who shall also serve as Chairperson and preside over the meetings of the Alabama Gulf Coast Recovery Council. (bb) The Director of the Alabama State Port Authority, who shall also serve as Vice Chairperson and preside over the meetings of the Alabama Gulf Coast Recovery Council in the absence of the Chairperson. (cc) The Chairman of the Baldwin County Commission. (dd) The President of the Mobile County Commission. (ee) The Mayor of the city of Bayou La Batre. (ff) The Mayor of the town of Dauphin Island. (gg) The Mayor of the city of Fairhope. (hh) The Mayor of the city of Gulf Shores. (ii) The Mayor of the city of Mobile. (jj) The Mayor of the city of Orange Beach. (II) Vote Each member of the Alabama Gulf Coast Recovery Council shall be entitled to 1 vote. (III) Majority vote All decisions of the Alabama Gulf Coast Recovery Council shall be made by majority vote. (IV) Limitation on administrative expenses Administrative duties for the Alabama Gulf Coast Recovery Council may only be performed by public officials and employees that are subject to the ethics laws of the State of Alabama. (ii) Louisiana In the State of Louisiana, the Coastal Protection and Restoration Authority of Louisiana. (iii) Mississippi In the State of Mississippi, the Mississippi Department of Environmental Quality. (iv) Texas In the State of Texas, the Office of the Governor or an appointee of the Office of the Governor. (G) Compliance with eligible activities If the Secretary of the Treasury determines that an expenditure by a Gulf Coast State or coastal political subdivision of amounts made available under this subsection does not meet one of the activities described in clauses (i) and (ii) of subparagraph (B), the Secretary shall make no additional amounts from the Trust Fund available to that Gulf Coast State or coastal political subdivision until such time as an amount equal to the amount expended for the unauthorized use (i) has been deposited by the Gulf Coast State or coastal political subdivision in the Trust Fund; or (ii) has been authorized by the Secretary of the Treasury for expenditure by the Gulf Coast State or coastal political subdivision for a project or program that meets the requirements of this subsection. (H) Compliance with conditions If the Secretary of the Treasury determines that a Gulf Coast State or coastal political subdivision does not meet the requirements of this paragraph, including the conditions of subparagraph (E), where applicable, the Secretary of the Treasury shall make no amounts from the Trust Fund available to that Gulf Coast State or coastal political subdivision until all conditions of this paragraph are met. (I) Public input In meeting any condition of this paragraph, a Gulf Coast State may use an appropriate procedure for public consultation in that Gulf Coast State, including consulting with one or more established task forces or other entities, to develop recommendations for proposed projects and programs that would restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, coastal wetlands, and economy of the Gulf Coast. (J) Previously approved projects and programs A Gulf Coast State or coastal political subdivision shall be considered to have met the conditions of subparagraph (E) for a specific project or program if, before July 6, 2012 (i) the Gulf Coast State or coastal political subdivision has established conditions for carrying out projects and programs that are substantively the same as the conditions described in subparagraph (E); and (ii) the applicable project or program carries out 1 or more of the activities described in clauses (i) and (ii) of subparagraph (B). (K) Local preference In awarding contracts to carry out a project or program under this paragraph, a Gulf Coast State or coastal political subdivision may give a preference to individuals and companies that reside in, are headquartered in, or are principally engaged in business in the State of project execution. (L) Unused funds Funds allocated to a State or coastal political subdivision under this paragraph shall remain in the Trust Fund until such time as the State or coastal political subdivision develops and submits a plan identifying uses for those funds in accordance with subparagraph (E)(iv). (M) Judicial review If the Secretary of the Treasury determines that a Gulf Coast State or coastal political subdivision does not meet the requirements of this paragraph, including the conditions of subparagraph (E), the Gulf Coast State or coastal political subdivision may obtain expedited judicial review within 90 days after that decision in a district court of the United States, of appropriate jurisdiction and venue, that is located within the State seeking the review. (N) Cost-sharing (i) In general A Gulf Coast State or coastal political subdivision may use, in whole or in part, amounts made available under this paragraph to that Gulf Coast State or coastal political subdivision to satisfy the non-Federal share of the cost of any project or program authorized by Federal law that is an eligible activity described in clauses (i) and (ii) of subparagraph (B). (ii) Effect on other funds The use of funds made available from the Trust Fund to satisfy the non-Federal share of the cost of a project or program that meets the requirements of clause (i) shall not affect the priority in which other Federal funds are allocated or awarded. (2) Council establishment and allocation (A) In general Of the total amount made available in any fiscal year from the Trust Fund, 30 percent shall be disbursed to the Council to carry out the Comprehensive Plan. (B) Council expenditures (i) In general In accordance with this paragraph, the Council shall expend funds made available from the Trust Fund to undertake projects and programs, using the best available science, that would restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, coastal wetlands, and economy of the Gulf Coast. (ii) Allocation and expenditure procedures The Secretary of the Treasury shall develop such conditions, including audit requirements, as the Secretary of the Treasury determines necessary to ensure that amounts disbursed from the Trust Fund to the Council to implement the Comprehensive Plan will be used in accordance with this paragraph. (iii) Administrative expenses Of the amounts received by the Council under this paragraph, not more than 3 percent may be used for administrative expenses, including staff. (C) Gulf Coast Ecosystem Restoration Council (i) Establishment There is established as an independent entity in the Federal Government a council to be known as the Gulf Coast Ecosystem Restoration Council. (ii) Membership The Council shall consist of the following members, or in the case of a Federal agency, a designee at the level of the Assistant Secretary or the equivalent: (I) The Secretary of the Interior. (II) The Secretary of the Army. (III) The Secretary of Commerce. (IV) The Administrator of the Environmental Protection Agency. (V) The Secretary of Agriculture. (VI) The head of the department in which the Coast Guard is operating. (VII) The Governor of the State of Alabama. (VIII) The Governor of the State of Florida. (IX) The Governor of the State of Louisiana. (X) The Governor of the State of Mississippi. (XI) The Governor of the State of Texas. (iii) Alternate A Governor appointed to the Council by the President may designate an alternate to represent the Governor on the Council and vote on behalf of the Governor. (iv) Chairperson From among the Federal agency members of the Council, the representatives of States on the Council shall select, and the President shall appoint, 1 Federal member to serve as Chairperson of the Council. (v) Presidential appointment All Council members shall be appointed by the President. (vi) Council actions (I) In general The following actions by the Council shall require the affirmative vote of the Chairperson and a majority of the State members to be effective: (aa) Approval of a Comprehensive Plan and future revisions to a Comprehensive Plan. (bb) Approval of State plans pursuant to paragraph (3)(B)(iv). (cc) Approval of reports to Congress pursuant to clause (vii)(VII). (dd) Approval of transfers pursuant to subparagraph (E)(ii)(I). (ee) Other significant actions determined by the Council. (II) Quorum A majority of State members shall be required to be present for the Council to take any significant action. (III) Affirmative vote requirement considered met For approval of State plans pursuant to paragraph (3)(B)(iv), the certification by a State member of the Council that the plan satisfies all requirements of clauses (i) and (ii) of paragraph (3)(B), when joined by an affirmative vote of the Federal Chairperson of the Council, shall be considered to satisfy the requirements for affirmative votes under subclause (I). (IV) Public transparency Appropriate actions of the Council, including significant actions and associated deliberations, shall be made available to the public via electronic means prior to any vote. (vii) Duties of Council The Council shall (I) develop the Comprehensive Plan and future revisions to the Comprehensive Plan; (II) identify as soon as practicable the projects that (aa) have been authorized prior to July 6, 2012 (bb) if implemented quickly, would restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, barrier islands, dunes, and coastal wetlands of the Gulf Coast region; (III) establish such other 1 or more advisory committees as may be necessary to assist the Council, including a scientific advisory committee and a committee to advise the Council on public policy issues; (IV) collect and consider scientific and other research associated with restoration of the Gulf Coast ecosystem, including research, observation, and monitoring carried out pursuant to sections 1604 and 1605 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012; (V) develop standard terms to include in contracts for projects and programs awarded pursuant to the Comprehensive Plan that provide a preference to individuals and companies that reside in, are headquartered in, or are principally engaged in business in a Gulf Coast State; (VI) prepare an integrated financial plan and recommendations for coordinated budget requests for the amounts proposed to be expended by the Federal agencies represented on the Council for projects and programs in the Gulf Coast States; and (VII) submit to Congress an annual report that (aa) summarizes the policies, strategies, plans, and activities for addressing the restoration and protection of the Gulf Coast region; (bb) describes the projects and programs being implemented to restore and protect the Gulf Coast region, including (AA) a list of each project and program; (BB) an identification of the funding provided to projects and programs identified in subitem (AA); (CC) an identification of each recipient for funding identified in subitem (BB); and (DD) a description of the length of time and funding needed to complete the objectives of each project and program identified in subitem (AA); (cc) makes such recommendations to Congress for modifications of existing laws as the Council determines necessary to implement the Comprehensive Plan; (dd) reports on the progress on implementation of each project or program (AA) after 3 years of ongoing activity of the project or program, if applicable; and (BB) on completion of the project or program; (ee) includes the information required to be submitted under section 1605(c)(4) of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012; and (ff) submits the reports required under item (dd) to (AA) the Committee on Science, Space, and Technology, the Committee on Natural Resources, the Committee on Transportation and Infrastructure, and the Committee on Appropriations of the House of Representatives; and (BB) the Committee on Environment and Public Works, the Committee on Commerce, Science, and Transportation, the Committee on Energy and Natural Resources, and the Committee on Appropriations of the Senate. (viii) Application of chapter 10 of title 5 The Council, or any other advisory committee established under this subparagraph, shall not be considered an advisory committee under chapter 10 of title 5. (ix) Sunset The authority for the Council, and any other advisory committee established under this subparagraph, shall terminate on the date all funds in the Trust Fund have been expended. (D) Comprehensive plan (i) Proposed plan (I) In general Not later than 180 days after July 6, 2012 (II) Inclusions The proposed plan described in subclause (I) shall include and incorporate the findings and information prepared by the Presidents Gulf Coast Restoration Task Force. (ii) Publication (I) Initial plan Not later than 1 year after July 6, 2012 (II) Cooperation with Gulf Coast Restoration Task Force The Council shall develop the initial Comprehensive Plan in close coordination with the Presidents Gulf Coast Restoration Task Force. (III) Considerations In developing the initial Comprehensive Plan and subsequent updates, the Council shall consider all relevant findings, reports, or research prepared or funded under section 1604 or 1605 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012. (IV) Contents The initial Comprehensive Plan shall include (aa) such provisions as are necessary to fully incorporate in the Comprehensive Plan the strategy, projects, and programs recommended by the Presidents Gulf Coast Restoration Task Force; (bb) a list of any project or program authorized prior to July 6, 2012 (cc) a description of the manner in which amounts from the Trust Fund projected to be made available to the Council for the succeeding 10 years will be allocated; and (dd) subject to available funding in accordance with clause (iii), a prioritized list of specific projects and programs to be funded and carried out during the 3-year period immediately following the date of publication of the initial Comprehensive Plan, including a table that illustrates the distribution of projects and programs by the Gulf Coast State. (V) Plan updates The Council shall update (aa) the Comprehensive Plan every 5 years in a manner comparable to the manner established in this subparagraph for each 5-year period for which amounts are expected to be made available to the Gulf Coast States from the Trust Fund; and (bb) the 3-year list of projects and programs described in subclause (IV)(dd) annually. (iii) Restoration priorities Except for projects and programs described in clause (ii)(IV)(bb), in selecting projects and programs to include on the 3-year list described in clause (ii)(IV)(dd), based on the best available science, the Council shall give highest priority to projects that address 1 or more of the following criteria: (I) Projects that are projected to make the greatest contribution to restoring and protecting the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast region, without regard to geographic location within the Gulf Coast region. (II) Large-scale projects and programs that are projected to substantially contribute to restoring and protecting the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast ecosystem. (III) Projects contained in existing Gulf Coast State comprehensive plans for the restoration and protection of natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast region. (IV) Projects that restore long-term resiliency of the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands most impacted by the Deepwater Horizon oil spill. (E) Implementation (i) In general The Council, acting through the Federal agencies represented on the Council and Gulf Coast States, shall expend funds made available from the Trust Fund to carry out projects and programs adopted in the Comprehensive Plan. (ii) Administrative responsibility (I) In general Primary authority and responsibility for each project and program included in the Comprehensive Plan shall be assigned by the Council to a Gulf Coast State represented on the Council or a Federal agency. (II) Transfer of amounts Amounts necessary to carry out each project or program included in the Comprehensive Plan shall be transferred by the Secretary of the Treasury from the Trust Fund to that Federal agency or Gulf Coast State as the project or program is implemented, subject to such conditions as the Secretary of the Treasury, in consultation with the Secretary of the Interior and the Secretary of Commerce, established pursuant to section 1602 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012. (III) Limitation on transfers (aa) Grants to nongovernmental entities In the case of funds transferred to a Federal or State agency under subclause (II), the agency shall not make 1 or more grants or cooperative agreements to a nongovernmental entity if the total amount provided to the entity would equal or exceed 10 percent of the total amount provided to the agency for that particular project or program, unless the 1 or more grants have been reported in accordance with item (bb). (bb) Reporting of grantees At least 30 days prior to making a grant or entering into a cooperative agreement described in item (aa), the name of each grantee, including the amount and purpose of each grant or cooperative agreement, shall be published in the Federal Register and delivered to the congressional committees listed in subparagraph (C)(vii)(VII)(ff). (cc) Annual reporting of grantees Annually, the name of each grantee, including the amount and purposes of each grant or cooperative agreement, shall be published in the Federal Register and delivered to Congress as part of the report submitted pursuant to subparagraph (C)(vii)(VII). (IV) Project and program limitation The Council, a Federal agency, or a State may not carry out a project or program funded under this paragraph outside of the Gulf Coast region. (F) Coordination The Council and the Federal members of the Council may develop memoranda of understanding establishing integrated funding and implementation plans among the member agencies and authorities. (3) Oil spill restoration impact allocation (A) In general (i) Disbursement Of the total amount made available from the Trust Fund, 30 percent shall be disbursed pursuant to the formula in clause (ii) to the Gulf Coast States on the approval of the plan described in subparagraph (B)(i). (ii) Formula Subject to subparagraph (B), for each Gulf Coast State, the amount disbursed under this paragraph shall be based on a formula established by the Council by regulation that is based on a weighted average of the following criteria: (I) 40 percent based on the proportionate number of miles of shoreline in each Gulf Coast State that experienced oiling on or before April 10, 2011 (II) 40 percent based on the inverse proportion of the average distance from the mobile offshore drilling unit Deepwater Horizon (III) 20 percent based on the average population in the 2010 decennial census of coastal counties bordering the Gulf of Mexico within each Gulf Coast State. (iii) Minimum allocation The amount disbursed to a Gulf Coast State for each fiscal year under clause (ii) shall be at least 5 percent of the total amounts made available under this paragraph. (B) Disbursement of funds (i) In general The Council shall disburse amounts to the respective Gulf Coast States in accordance with the formula developed under subparagraph (A) for projects, programs, and activities that will improve the ecosystems or economy of the Gulf Coast region, subject to the condition that each Gulf Coast State submits a plan for the expenditure of amounts disbursed under this paragraph that meets the following criteria: (I) All projects, programs, and activities included in the plan are eligible activities pursuant to clauses (i) and (ii) of paragraph (1)(B). (II) The projects, programs, and activities included in the plan contribute to the overall economic and ecological recovery of the Gulf Coast. (III) The plan takes into consideration the Comprehensive Plan and is consistent with the goals and objectives of the Plan, as described in paragraph (2)(B)(i). (ii) Funding (I) In general Except as provided in subclause (II), the plan described in clause (i) may use not more than 25 percent of the funding made available for infrastructure projects eligible under subclauses (VI) and (VII) of paragraph (1)(B)(i). (II) Exception The plan described in clause (i) may propose to use more than 25 percent of the funding made available for infrastructure projects eligible under subclauses (VI) and (VII) of paragraph (1)(B)(i) if the plan certifies that (aa) ecosystem restoration needs in the State will be addressed by the projects in the proposed plan; and (bb) additional investment in infrastructure is required to mitigate the impacts of the Deepwater Horizon Oil Spill to the ecosystem or economy. (iii) Development The plan described in clause (i) shall be developed by (I) in the State of Alabama, the Alabama Gulf Coast Recovery Council established under paragraph (1)(F)(i); (II) in the State of Florida, a consortia 4 4 (III) in the State of Louisiana, the Coastal Protection and Restoration Authority of Louisiana; (IV) in the State of Mississippi, the Office of the Governor or an appointee of the Office of the Governor; and (V) in the State of Texas, the Office of the Governor or an appointee of the Office of the Governor. (iv) Approval Not later than 60 days after the date on which a plan is submitted under clause (i), the Council shall approve or disapprove the plan based on the conditions of clause (i). (C) Disapproval If the Council disapproves a plan pursuant to subparagraph (B)(iv), the Council shall (i) provide the reasons for disapproval in writing; and (ii) consult with the State to address any identified deficiencies with the State plan. (D) Failure to submit adequate plan If a State fails to submit an adequate plan under this paragraph, any funds made available under this paragraph shall remain in the Trust Fund until such date as a plan is submitted and approved pursuant to this paragraph. (E) Judicial review If the Council fails to approve or take action within 60 days on a plan, as described in subparagraph (B)(iv), the State may obtain expedited judicial review within 90 days of that decision in a district court of the United States, of appropriate jurisdiction and venue, that is located within the State seeking the review. (F) Cost-sharing (i) In general A Gulf Coast State or coastal political subdivision may use, in whole or in part, amounts made available to that Gulf Coast State or coastal political subdivision under this paragraph to satisfy the non-Federal share of any project or program that (I) is authorized by other Federal law; and (II) is an eligible activity described in clause (i) or (ii) of paragraph (1)(B). (ii) Effect on other funds The use of funds made available from the Trust Fund under this paragraph to satisfy the non-Federal share of the cost of a project or program described in clause (i) shall not affect the priority in which other Federal funds are allocated or awarded. (4) Authorization of interest transfers Of the total amount made available for any fiscal year from the Trust Fund that is equal to the interest earned by the Trust Fund and proceeds from investments made by the Trust Fund in the preceding fiscal year (A) 50 percent shall be divided equally between (i) the Gulf Coast Ecosystem Restoration Science, Observation, Monitoring, and Technology program authorized in section 1604 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012; and (ii) the centers of excellence research grants authorized in section 1605 of that Act; and (B) 50 percent shall be made available to the Gulf Coast Ecosystem Restoration Council to carry out the Comprehensive Plan pursuant to paragraph (2). ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 862 Pub. L. 93207,  1(4) Dec. 28, 1973 87 Stat. 906 Pub. L. 95217 Dec. 27, 1977 91 Stat. 15931596 Pub. L. 95576,  1(b) Nov. 2, 1978 92 Stat. 2467 Pub. L. 96478,  13(b) Oct. 21, 1980 94 Stat. 2303 Pub. L. 96483,  8 Oct. 21, 1980 94 Stat. 2362 Pub. L. 96561, title II,  238(b) Dec. 22, 1980 94 Stat. 3300 Pub. L. 97164, title I,  161(5) Apr. 2, 1982 96 Stat. 49 Pub. L. 1004, title V,  502(b) Feb. 4, 1987 101 Stat. 75 Pub. L. 101380, title II,  2002(b) Aug. 18, 1990 104 Stat. 507 Pub. L. 102388, title III,  349 Oct. 6, 1992 106 Stat. 1554 Pub. L. 102572, title IX,  902(b)(1) Oct. 29, 1992 106 Stat. 4516 Pub. L. 104208, div. A, title I,  101(a) [title II,  211(b)] Sept. 30, 1996 110 Stat. 3009 Pub. L. 104324, title XI Oct. 19, 1996 110 Stat. 3992 Pub. L. 105383, title IV,  411 Nov. 13, 1998 112 Stat. 3432 Pub. L. 108293, title VII,  701(a) Aug. 9, 2004 118 Stat. 1067 Pub. L. 109241, title VI,  608 July 11, 2006 120 Stat. 558 Pub. L. 11290,  10 Jan. 3, 2012 125 Stat. 1912 Pub. L. 112141, div. A, title I,  1603 July 6, 2012 126 Stat. 589 Pub. L. 113281, title III,  313 Dec. 18, 2014 128 Stat. 3048 Pub. L. 11591, div. C, title XXXV,  3508(b)(2) Dec. 12, 2017 131 Stat. 1916 Pub. L. 115232, div. C, title XXXV,  3541(b)(5) Aug. 13, 2018 132 Stat. 2323 Pub. L. 117263, div. K, title CXIII Dec. 23, 2022 136 Stat. 4078 Pub. L. 117286,  4(a)(201) Dec. 27, 2022 136 Stat. 4328  Editorial Notes  References in Text Section 1001 of the Oil Pollution Act, referred to in subsec. (a)(11), probably means section 1001 of Pub. L. 101380 section 2701 of this title The Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012, referred to in subsecs. (a)(35) and (t)(2)(C)(vii)(IV), (VII)(ee), (D)(ii)(III), (IV)(bb), (E)(ii)(II), (4)(A), is subtitle F ( 16011608) of title I of div. A of Pub. L. 112141 July 6, 2012 126 Stat. 588 The Outer Continental Shelf Lands Act, referred to in subsecs. (b)(1), (2)(A), (3) and (r), is act Aug. 7, 1953, ch. 345 67 Stat. 462 section 1301 of Title 43 The Deepwater Port Act of 1974, referred to in subsecs. (b)(1), (2)(A), (3) and (r), is Pub. L. 93627 Jan. 3, 1975 88 Stat. 2126 section 1501 of this title The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (b)(1), (2)(A), (3), is Pub. L. 94265 Apr. 13, 1976 90 Stat. 331 section 1801 of Title 16 The date of enactment of this paragraph, referred to in subsec. (b)(2)(B), probably means the date of enactment of Pub. L. 95576 Nov. 2, 1978 The penalty enacted in subclause (bb) of clause (iii) of subparagraph (B) of subsection (b)(2) of section 311 of Public Law 92500 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 864 section 1(b)(3) of Pub. L. 95576 a penalty determined by the number of units discharged multiplied by the amount established for such unit under clause (iv) of this subparagraph, but such penalty shall not be more than $5,000,000 in the case of a discharge from a vessel and $500,000 in the case of a discharge from an onshore or offshore facility. Section 4367 of the Revised Statutes of the United States (46 U.S.C. App. 313), referred to in subsec. (b)(12)(B), was repealed by Pub. L. 103182, title VI,  690(a)(21) Dec. 8, 1993 107 Stat. 2223 Section 1443 of title 19 Pub. L. 103182, title VI,  690(b)(6) Dec. 8, 1993 107 Stat. 2223 The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, referred to in subsec. (c)(4)(B)(ii), is Pub. L. 96510 Dec. 11, 1980 94 Stat. 2767 section 9601 of Title 42 The Oil Pollution Act of 1990, referred to in subsecs. (c)(5)(B), (d)(2)(H), and (j)(5)(H), is Pub. L. 101380 Aug. 18, 1990 104 Stat. 484 section 2701 of this title Subsection (c)(2) of this section, referred to in subsec. (j)(1), was generally amended by Pub. L. 101380, title IV,  4201(a) Aug. 18, 1990 104 Stat. 523 Par. (3) of section 1901(a) of this title Pub. L. 110280,  3(1) July 21, 2008 122 Stat. 2611 Subsection (i)( l Pub. L. 101380, title II Aug. 18, 1990 104 Stat. 507 Codification In subsec. (b)(12)(A),  section 60105 of title 46 Pub. L. 109304,  18(c) Oct. 6, 2006 120 Stat. 1709 section 60105 of Title 46 Amendments 2022Subsec. (c)(3)(C). Pub. L. 117263,  11306 Subsec. (j)(9). Pub. L. 117263,  11309(b)(1) Subsec. (t)(2)(C)(viii). Pub. L. 117286 2018Subsec. (a)(26)(D). Pub. L. 115232 2017Subsec. (a)(11). Pub. L. 11591 o 2014Subsec. (j)(4)(A). Pub. L. 113281,  313(1) Subsec. (j)(4)(B)(ii). Pub. L. 113281,  313(2) Subsec. (j)(4)(B)(iii). Pub. L. 113281,  313(3) Subsec. (j)(4)(C)(iv). Pub. L. 113281,  313(4)(A) Subsec. (j)(4)(C)(vii) to (ix). Pub. L. 113281,  313(4)(B) 2012Subsec. (a)(27) to (35). Pub. L. 112141,  1603(1) Subsec. (b)(6)(A). Pub. L. 11290,  10(b) Subsec. (m)(2)(A), (B). Pub. L. 11290,  10(a) Subsec. (s). Pub. L. 112141,  1603(2) Subsec. (t). Pub. L. 112141,  1603(3) 2006Subsec. (a)(26). Pub. L. 109241,  608 section 14302 of title 46 (A) is a vessel of the United States; or (B) operates on the navigable waters of the United States. Subsec. (j)(5)(A)(ii), (B), (F), and (G). Pub. L. 109241,  901(i)(1) Subsec. (j)(5)(H). Pub. L. 109241,  901(i)(2) Pub. L. 108293,  701(b)(9) 2004Subsec. (a)(26). Pub. L. 108293,  701(a) Subsec. (j)(5). Pub. L. 108293,  701(b)(1) Subsec. (j)(5)(A). Pub. L. 108293,  701(b)(2) Subsec. (j)(5)(B). Pub. L. 108293,  701(d)(2) Pub. L. 108293,  701(b)(3) Subsec. (j)(5)(C). Pub. L. 108293,  701(d)(1) Subsec. (j)(5)(D). Pub. L. 108293,  701(d)(1) Pub. L. 108293,  701(b)(5) Subsec. (j)(5)(E). Pub. L. 108293,  701(d)(1) Pub. L. 108293,  701(b)(6) Subsec. (j)(5)(F). Pub. L. 108293,  701(d)(1) Pub. L. 108293,  701(b)(7) Subsec. (j)(5)(G). Pub. L. 108293,  701(d)(1) Pub. L. 108293,  701(b)(8) Subsec. (j)(5)(H). Pub. L. 108293,  701(d)(1) Pub. L. 108293,  701(b)(9) Pub. L. 109241,  901(i)(2) Subsec. (j)(5)(I). Pub. L. 108293,  701(d)(1) Subsec. (j)(6). Pub. L. 108293,  701(b)(10) August 18, 1990 Subsec. (j)(6)(B). Pub. L. 108293,  701(b)(11) Subsec. (j)(7). Pub. L. 108293,  701(b)(12) 1998Subsec. (a)(2). Pub. L. 105383,  411(b) Subsec. (a)(8). Pub. L. 105383,  411(a)(1) Subsec. (a)(25). Pub. L. 105383,  411(a)(2) Subsec. (c)(4)(A). Pub. L. 105383,  411(a)(3) 1996Subsec. (b)(1), (2)(A), (3). Pub. L. 104208 Subsec. (c)(3)(B). Pub. L. 104324,  1144 Subsec. (j)(2)(A). Pub. L. 104324,  1143(1) Subsec. (j)(4)(C)(v). Pub. L. 104324,  1143(2) 1992Subsec. (b)(12). Pub. L. 102388 Subsec. (i). Pub. L. 102572 1990Subsec. (a)(8). Pub. L. 101380,  4201(b)(1)[(c)(1)] Subsec. (a)(16). Pub. L. 101380,  4201(b)(2)[(c)(2)] Subsec. (a)(17). Pub. L. 101380,  4201(b)(3)[(c)(3)] Subsec. (a)(18) to (24). Pub. L. 101380,  4201(b)(4)[(c)(4)] Subsec. (b)(4). Pub. L. 101380,  4204 Subsec. (b)(5). Pub. L. 101380,  4301(a) Subsec. (b)(6) to (11). Pub. L. 101380,  4301(b) Subsec. (c). Pub. L. 101380,  4201(a) October 18, 1972 Subsec. (d). Pub. L. 101380,  4201(b) Subsec. (e). Pub. L. 101380,  4306 Subsec. (i). Pub. L. 101380,  2002(b)(1) (2) The provisions of this subsection shall not apply in any case where liability is established pursuant to the Outer Continental Shelf Lands Act, or the Deepwater Port Act of 1974. (3) Any amount paid in accordance with a judgment of the United States Claims Court pursuant to this section shall be paid from the funds established pursuant to subsection (k). Subsec. (j). Pub. L. 101380,  4202(a) Subsec. (k). Pub. L. 101380,  2002(b)(2) l Subsec. ( l Pub. L. 101380,  2002(b)(3) Subsec. (m). Pub. L. 101380,  4305 Subsec. ( o Pub. L. 101380,  4202(c) Subsec. (p). Pub. L. 101380,  2002(b)(4) Subsec. (s). Pub. L. 101380,  2002(b)(5) 1987Subsec. (a)(5). Pub. L. 1004 1982Subsec. (i)(1), (3). Pub. L. 97164 1980Subsec. (b)(1), (2)(A), (3). Pub. L. 96561 Subsec. (b)(3)(A). Pub. L. 96478 Subsec. (c)(1). Pub. L. 96561 Subsec. (k). Pub. L. 96483 1978Subsec. (a)(2). Pub. L. 95576,  1(b)(1) Subsec. (a)(17). Pub. L. 95576,  1(b)(2) Subsec. (b)(2)(B). Pub. L. 95576,  1(b)(3) Nov. 2, 1978 Oct. 18, 1972 Subsec. (b)(3). Pub. L. 95576,  1(b)(4) Subsec. (b)(4). Pub. L. 95576,  1(b)(5) October 18, 1972 Subsec. (b)(5). Pub. L. 95576,  1(b)(6) Subsec. (b)(6)(A) to (E). Pub. L. 95576,  1(b)(7) 1977Subsec. (a)(11). Pub. L. 95217,  58(k) Subsec. (a)(15), (16). Pub. L. 95217,  58(d)(1) Subsec. (b)(1). Pub. L. 95217,  58(a)(1) Subsec. (b)(2)(A). Pub. L. 95217,  58(a)(2) Subsec. (b)(2)(B)(v). Pub. L. 95217,  57 Subsec. (b)(3). Pub. L. 95217,  58(a)(3) Subsec. (b)(4). Pub. L. 95217,  58(a)(5) Subsec. (b)(5). Pub. L. 95217,  58(a)(6) Subsec. (b)(6). Pub. L. 95217,  58(a)(7) Subsec. (c)(1). Pub. L. 95217,  58(b) Subsec. (c)(2)(D). Pub. L. 95217,  58(e) Subsec. (d). Pub. L. 95217,  58(c)(2) Subsec. (f)(1). Pub. L. 95217,  58(d)(2) Subsec. (f)(2), (3). Pub. L. 95217,  58(d)(5) Subsec. (f)(4), (5). Pub. L. 95217,  58(g) Subsec. (g). Pub. L. 95217,  58(d)(3) Subsec. (i)(2). Pub. L. 95217,  58(m) Subsec. (j)(2). Pub. L. 95217,  58(c)(3) Subsec. (k). Pub. L. 95217,  58 l Subsec. (p)(1). Pub. L. 95217,  58(d)(4) Subsecs. (q), (r). Pub. L. 95217,  58(i) 1973Subsec. (f). Pub. L. 93207,  1(4)(A) Subsecs. (g), (i). Pub. L. 93207,  1(4)(C) Statutory Notes and Related Subsidiaries Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of Title 23 Effective Date of 2006 Amendment Pub. L. 109241, title IX,  901(i)(2) July 11, 2006 120 Stat. 564 Aug. 9, 2004 Effective Date of 1996 Amendment Pub. L. 104208, div. A, title I,  101(a) [title II,  211(b)] Sept. 30, 1996 110 Stat. 3009 Oct. 11, 1996 Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of Title 28 Effective Date of 1990 Amendment Amendment by Pub. L. 101380 Aug. 18, 1990 section 1020 of Pub. L. 101380 section 2701 of this title Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of Title 28 Effective Date of 1980 Amendments Pub. L. 96561, title II,  238(b) Dec. 22, 1980 94 Stat. 3300 Dec. 22, 1980 Amendment by Pub. L. 96478 Oct. 2, 1983 section 14(a) of Pub. L. 96478 section 1901 of this title Effective Date of 1977 Amendment Pub. L. 95217,  58(h) Dec. 27, 1977 91 Stat. 1596 The amendments made by paragraphs (5) and (6) of subsection (d) of this section [amending this section] shall take effect 180 days after the date of enactment of the Clean Water Act of 1977 [ Dec. 27, 1977 Rule of Construction Nothing in amendment made by section 11309(b)(1) of Pub. L. 117263 section 11003 of Pub. L. 117263 section 245 of Title 6  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 section 542 of Title 6 Limited Indemnity Provisions in Standby Oil Spill Response Contracts Pub. L. 117263, div. K, title CXIII,  11307 Dec. 23, 2022 136 Stat. 4078  (a)  In General Subject to subsections (b) and (c), a contract with the Coast Guard for the containment or removal of a discharge entered into by the President under section 311(c) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(c) November 17, 1998 (b)  Requirements. (1)  Source of funds The provision required under subsection (a) shall include a provision that the obligation to indemnify is limited to funds available in the Oil Spill Liability Trust Fund established by section 9509(a) of the Internal Revenue Code of 1986 [ 26 U.S.C. 9509(a) (2)  Uncompensated removal A claim for indemnity under a contract described in subsection (a) shall be made as a claim for uncompensated removal costs under section 1012(a)(4) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2712(a)(4) (3)  Limitation The total indemnity for a claim under a contract described in subsection (a) may not be more than $50,000 per incident. (c)  Applicability of Exemptions Notwithstanding subsection (a), the United States shall not be obligated to indemnify a contractor for any act or omission of the contractor carried out pursuant to a contract entered into under this section where such act or omission is grossly negligent or which constitutes willful misconduct. Establishment of Western Alaska Oil Spill Planning Criteria Pub. L. 117263, div. K, title CXIII,  11309(b)(2) Dec. 23, 2022 136 Stat. 4085  (A)  Deadline Not later than 2 years after the date of enactment of this Act [ Dec. 23, 2022 33 U.S.C. 1321(j) (B)  Consultation In establishing the Western Alaska oil spill planning criteria described in subparagraph (A), the President shall consult with the Federal agencies, State and local governments, Tribes (as defined in section 323 of title 14 (C)  Congressional report Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the status of implementation of paragraph (9) of section 311(j) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j) [Nothing in amendment made by Pub. L. 117263 section 11003 of Pub. L. 117263 section 245 of Title 6 [For definition of Secretary as used in section 11309(b)(2) of Pub. L. 117263 section 11002 of Pub. L. 117263 section 106 of Title 14  Termination of United States District Court for the District of the Canal Zone For termination of the United States District Court for the District of the Canal Zone at end of the transition period, being the 30-month period beginning Oct. 1, 1979 Mar. 31, 1982 Pub. L. 9670, title II Sept. 27, 1979 93 Stat. 493 Coast Guard Response Plan Requirements Pub. L. 117263, div. K, title CXIII,  11315 Dec. 23, 2022 136 Stat. 4087  (a)  In General Subject to the availability of appropriations, the Commandant [of the Coast Guard] shall develop and carry out a program (1) to increase collection and improve the quality of incident data on oil spill location and response capability by periodically evaluating the data, documentation, and analysis of (A) Coast Guard-approved vessel response plans, including vessel response plan audits and assessments; (B) oil spill response drills conducted under section 311(j)(7) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j)(7) (C) responses to oil spill incidents that require mobilization of contracted response resources; (2) to improve the effectiveness of vessel response plans by (A) systematically reviewing the capacity of an oil spill response organization identified in a vessel response plan to provide the specific response resources, such as private personnel, equipment, other vessels identified in such vessel response plan; and (B) approving a vessel response plan only after confirming the identified oil spill response organization has the capacity to provide such response resources; (3) to update, not less frequently than annually, information contained in the Coast Guard Response Resource Inventory and other Coast Guard tools used to document the availability and status of oil spill response equipment, so as to ensure that such information remains current; and (4) subject to section 552 of title 5 (b)  Policy Not later than 1 year after the date of enactment of this Act [ Dec. 23, 2022 (1) to establish processes to maintain the program under subsection (a) and support Coast Guard oil spill prevention and response activities, including by incorporating oil spill incident data from after-action oil spill reports and data ascertained from vessel response plan exercises and audits into (A) review and approval process standards and metrics; (B) alternative planning criteria review processes; (C) Area Contingency Plan development; (D) risk assessments developed under section 70001 of title 46 (E) processes and standards which mitigate the impact of military personnel rotations in Coast Guard field units on knowledge and awareness of vessel response plan requirements, including knowledge relating to the evaluation of proposed alternatives to national planning requirements; and (F) processes and standards which evaluate the consequences of reporting inaccurate data in vessel response plans submitted to the Commandant pursuant to part 300 of title 40, Code of Federal Regulations, and submitted for storage in the Marine Information for Safety and Law Enforcement database pursuant to section 300.300 of such title (or any successor regulation); (2) to standardize and develop tools, training, and other relevant guidance that may be shared with vessel owners and operators to assist with accurately calculating and measuring the performance and viability of proposed alternatives to national planning criteria requirements and Area Contingency Plans administered by the Coast Guard; (3) to improve training of Coast Guard personnel to ensure continuity of planning activities under this section, including by identifying ways in which civilian staffing may improve the continuity of operations; and (4) to increase Federal Government engagement with State, local, and Tribal governments and stakeholders so as to strengthen coordination and efficiency of oil spill responses. (c)  Periodic Updates Not less frequently than every 5 years, the Commandant shall update the processes established under subsection (b)(1) to incorporate relevant analyses of (1) incident data on oil spill location and response quality; (2) oil spill risk assessments; (3) oil spill response effectiveness and the effects of such response on the environment; (4) oil spill response drills conducted under section 311(j)(7) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j)(7) (5) marine casualties reported to the Coast Guard; and (6) near miss incidents documented by a vessel traffic service center (as such terms are defined in sections 70001(m) of title 46, United States Code). (d)  Report. (1)  In general Not later than 1 year after the date of enactment of this Act, and annually thereafter for 5 years, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the status of ongoing and planned efforts to improve the effectiveness and oversight of the program established under subsection (a) and vessel response plan approvals. (2)  Public availability The Commandant shall publish the briefing required under paragraph (1) on a publicly accessible website of the Coast Guard. [Nothing in amendment made by Pub. L. 117263 section 11003 of Pub. L. 117263 section 245 of Title 6 Pub. L. 115282, title VIII,  823(a) Dec. 4, 2018 132 Stat. 4311  (1)  In general For purposes of the Oil Pollution Act of 1990 ( 33 U.S.C. 2701 33 U.S.C. 1321 (A) equipment required to be available for response under the plan has been tested and proven capable of operating in the environmental conditions expected in the area in which it is intended to be operated; and (B) the operators of such equipment have conducted training on the equipment within the area covered by such Captain of the Port Zone. (2)  Post-approval requirements In approving a vessel response plan under paragraph (1), the Commandant shall (A) require that the oil spill removal organization identified in the vessel response plan conduct regular exercises and drills using the response resources identified in the plan in the area covered by the Captain of the Port Zone that includes the Arctic; and (B) allow such oil spill removal organization to take credit for a response to an actual spill or release in the area covered by such Captain of the Port Zone, instead of conducting an exercise or drill required under subparagraph (A), if the oil spill removal organization (i) documents which exercise or drill requirements were met during the response; and (ii) submits a request for credit to, and receives approval from, the Commandant. Pub. L. 113281, title III,  317 Dec. 18, 2014 128 Stat. 3050  (a)  Vessel Response Plan Contents The Secretary of the department in which the Coast Guard is operating shall require that each vessel response plan prepared for a mobile offshore drilling unit includes information from the facility response plan prepared for the mobile offshore drilling unit regarding the planned response to a worst case discharge, and to a threat of such a discharge. (b)  Definitions In this section: (1)  Mobile offshore drilling unit The term mobile offshore drilling unit has the meaning given that term in section 1001 of the Oil Pollution Act of 1990 ( 33 U.S.C. 2701 (2)  Response plan The term response plan means a response plan prepared under section 311(j) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j) (3)  Worst case discharge The term worst case discharge has the meaning given that term under section 311(a) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(a) (c)  Rule of Construction Nothing in this section shall be construed to require the Coast Guard to review or approve a facility response plan for a mobile offshore drilling unit. Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Pub. L. 112141, div. A, title I July 6, 2012 126 Stat. 588  SEC. 1601. SHORT TITLE. This subtitle may be cited as the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012. SEC. 1602. GULF COAST RESTORATION TRUST FUND. (a)  Establishment There is established in the Treasury of the United States a trust fund to be known as the Gulf Coast Restoration Trust Fund (referred to in this section as the Trust Fund), consisting of such amounts as are deposited in the Trust Fund under this Act [probably means this subtitle] or any other provision of law. (b)  Transfers The Secretary of the Treasury shall deposit in the Trust Fund an amount equal to 80 percent of all administrative and civil penalties paid by responsible parties after the date of enactment of this Act [ July 6, 2012 Deepwater Horizon 33 U.S.C. 1321 (c)  Expenditures Amounts in the Trust Fund, including interest earned on advances to the Trust Fund and proceeds from investment under subsection (d), shall (1) be available for expenditure, without further appropriation, solely for the purpose and eligible activities of this subtitle and the amendments made by this subtitle [amending this section]; and (2) remain available until expended, without fiscal year limitation. (d)  Investment Amounts in the Trust Fund shall be invested in accordance with section 9702 of title 31 (e)  Administration Not later than 180 days after the date of enactment of this Act, after providing notice and an opportunity for public comment, the Secretary of the Treasury, in consultation with the Secretary of the Interior and the Secretary of Commerce, shall establish such procedures as the Secretary determines to be necessary to deposit amounts in, and expend amounts from, the Trust Fund pursuant to this subtitle, including (1) procedures to assess whether the programs and activities carried out under this subtitle and the amendments made by this subtitle achieve compliance with applicable requirements, including procedures by which the Secretary of the Treasury may determine whether an expenditure by a Gulf Coast State or coastal political subdivision (as those terms are defined in section 311 of the Federal Water Pollution Control Act ( 33 U.S.C. 1321 (2) auditing requirements to ensure that amounts in the Trust Fund are expended as intended; and (3) procedures for identification and allocation of funds available to the Secretary under other provisions of law that may be necessary to pay the administrative expenses directly attributable to the management of the Trust Fund. (f)  Sunset The authority for the Trust Fund shall terminate on the date all funds in the Trust Fund have been expended. SEC. 1603. GULF COAST NATURAL RESOURCES RESTORATION AND ECONOMIC RECOVERY.  [Amended this section.] SEC. 1604. GULF COAST ECOSYSTEM RESTORATION SCIENCE, OBSERVATION, MONITORING, AND TECHNOLOGY PROGRAM. (a)  Definitions In this section: (1)  Administrator The term Administrator means the Administrator of the National Oceanic and Atmospheric Administration. (2)  Commission The term Commission means the Gulf States Marine Fisheries Commission. (3)  Director The term Director means the Director of the United States Fish and Wildlife Service. (4)  Program The term program means the Gulf Coast Ecosystem Restoration Science, Observation, Monitoring, and Technology program established under this section. (b)  Establishment of Program. (1)  In general Not later than 180 days after the date of enactment of this Act [ July 6, 2012 (2)  Expenditure of funds For each fiscal year, amounts made available to carry out this subsection may be expended for, with respect to the Gulf of Mexico (A) marine and estuarine research; (B) marine and estuarine ecosystem monitoring and ocean observation; (C) data collection and stock assessments; (D) pilot programs for (i) fishery independent data; and (ii) reduction of exploitation of spawning aggregations; and (E) cooperative research. (3)  Cooperation with the commission For each fiscal year, amounts made available to carry out this subsection may be transferred to the Commission to establish a fisheries monitoring and research program, with respect to the Gulf of Mexico. (4)  Consultation The Administrator and the Director shall consult with the Regional Gulf of Mexico Fishery Management Council and the Commission in carrying out the program. (c)  Species Included The research, monitoring, assessment, and programs eligible for amounts made available under the program shall include all marine, estuarine, aquaculture, and fish species in State and Federal waters of the Gulf of Mexico. (d)  Research Priorities In distributing funding under this subsection, priority shall be given to integrated, long-term projects that (1) build on, or are coordinated with, related research activities; and (2) address current or anticipated marine ecosystem, fishery, or wildlife management information needs. (e)  Duplication In carrying out this section, the Administrator, in consultation with the Director, shall seek to avoid duplication of other research and monitoring activities. (f)  Coordination With Other Programs The Administrator, in consultation with the Director, shall develop a plan for the coordination of projects and activities between the program and other existing Federal and State science and technology programs in the States of Alabama, Florida, Louisiana, Mississippi, and Texas, as well as between the centers of excellence. (g)  Limitation on Expenditures. (1)  In general Not more than 3 percent of funds provided in subsection (h) shall be used for administrative expenses. (2)  NOAA The funds provided in subsection (h) may not be used (A) for any existing or planned research led by the National Oceanic and Atmospheric Administration, unless agreed to in writing by the grant recipient; (B) to implement existing regulations or initiate new regulations promulgated or proposed by the National Oceanic and Atmospheric Administration; or (C) to develop or approve a new limited access privilege program (as that term is used in section 303A of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1853a (h)  Funding Of the total amount made available for each fiscal year for the Gulf Coast Restoration Trust Fund established under section 1602, 2.5 percent shall be available to carry out the program. (i)  Sunset The program shall cease operations when all funds in the Gulf Coast Restoration Trust Fund established under section 1602 have been expended. SEC. 1605. CENTERS OF EXCELLENCE RESEARCH GRANTS. (a)  In General Of the total amount made available for each fiscal year from the Gulf Coast Restoration Trust Fund established under section 1602, 2.5 percent shall be made available to the Gulf Coast States (as defined in section 311(a) of the Federal Water Pollution Control Act [ 33 U.S.C. 1321(a) (b)  Approval by State Entity, Task Force, or Agency The duties of a Gulf Coast State under this section shall be carried out by the applicable Gulf Coast State entities, task forces, or agencies listed in section 311(t)(1)(F) of the Federal Water Pollution Control Act (as added by section 1603 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012), and for the State of Florida, a consortium of public and private research institutions within the State, which shall include the Florida Department of Environmental Protection and the Florida Fish and Wildlife Conservation Commission, for that Gulf Coast State. (c)  Grants. (1)  In general A Gulf Coast State shall use the amounts made available to carry out this section to award competitive grants to nongovernmental entities and consortia in the Gulf Coast region (including public and private institutions of higher education) for the establishment of centers of excellence as described in subsection (d). (2)  Application To be eligible to receive a grant under this subsection, an entity or consortium described in paragraph (1) shall submit to a Gulf Coast State an application at such time, in such manner, and containing such information as the Gulf Coast State determines to be appropriate. (3)  Priority In awarding grants under this subsection, a Gulf Coast State shall give priority to entities and consortia that demonstrate the ability to establish the broadest cross-section of participants with interest and expertise in any discipline described in subsection (d) on which the proposal of the center of excellence will be focused. (4)  Reporting. (A)  In general Each Gulf Coast State shall provide annually to the Gulf Coast Ecosystem Restoration Council established under section 311(t)(2)(C) of the Federal Water Pollution Control Act [ 31 U.S.C. 1321(t)(2)(C) (B)  Inclusion The Gulf Coast Ecosystem Restoration Council shall include the information received under subparagraph (A) in the annual report to Congress of the Council required under section 311(t)(2)(C)(vii)(VII) of the Federal Water Pollution Control Act (as added by section 1603 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012). (d)  Disciplines Each center of excellence shall focus on science, technology, and monitoring in at least 1 of the following disciplines: (1) Coastal and deltaic sustainability, restoration and protection, including solutions and technology that allow citizens to live in a safe and sustainable manner in a coastal delta in the Gulf Coast Region. (2) Coastal fisheries and wildlife ecosystem research and monitoring in the Gulf Coast Region. (3) Offshore energy development, including research and technology to improve the sustainable and safe development of energy resources in the Gulf of Mexico. (4) Sustainable and resilient growth, economic and commercial development in the Gulf Coast Region. (5) Comprehensive observation, monitoring, and mapping of the Gulf of Mexico. SEC. 1606. EFFECT. (a)  Definition of Deepwater Horizon Oil Spill In this section, the term Deepwater Horizon oil spill has the meaning given the term in section 311(a) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(a) (b)  Effect and Application Nothing in this subtitle or any amendment made by this subtitle (1) supersedes or otherwise affects any other provision of Federal law, including, in particular, laws providing recovery for injury to natural resources under the Oil Pollution Act of 1990 ( 33 U.S.C. 2701 (2) applies to any fine collected under section 311 of the Federal Water Pollution Control Act ( 33 U.S.C. 1321 (c)  Use of Funds Funds made available under this subtitle may be used only for eligible activities specifically authorized by this subtitle and the amendments made by this subtitle. SEC. 1607. RESTORATION AND PROTECTION ACTIVITY LIMITATIONS. (a)  Willing Seller Funds made available under this subtitle may only be used to acquire land or interests in land by purchase, exchange, or donation from a willing seller. (b)  Acquisition of Federal Land None of the funds made available under this subtitle may be used to acquire land in fee title by the Federal Government unless (1) the land is acquired by exchange or donation; or (2) the acquisition is necessary for the restoration and protection of the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast region and has the concurrence of the Governor of the State in which the acquisition will take place. SEC. 1608. INSPECTOR GENERAL. The Office of the Inspector General of the Department of the Treasury shall have authority to conduct, supervise, and coordinate audits and investigations of projects, programs, and activities funded under this subtitle and the amendments made by this subtitle. Rulemakings Pub. L. 111281, title VII,  701(a) Oct. 15, 2010 124 Stat. 2980  (a)  Status Report. (1)  In general Not later than 90 days after the date of enactment of this Act [ Oct. 15, 2010 33 U.S.C. 1321 (2)  Information required The Secretary shall include in the report required in paragraph (1) (A) a detailed explanation with respect to each such rulemaking as to (i) what steps have been completed; (ii) what areas remain to be addressed; and (iii) the cause of any delays; and (B) the date by which a final rule may reasonably be expected to be issued. (b)  Final Rules The Secretary shall issue a final rule in each pending rulemaking described in subsection (a) as soon as practicable, but in no event later than 18 months after the date of enactment of this Act. Implementation Date for Vessel Response Plans for Nontank Vessels Pub. L. 108293, title VII,  701(c) Aug. 9, 2004 118 Stat. 1068 No later than one year after the date of enactment of this Act [ Aug. 9, 2004 33 U.S.C. 1321(j)(9) Report on Oil Spill Responder Immunity Pub. L. 107295, title IV,  440 Nov. 25, 2002 116 Stat. 2130  (a)  Report to Congress Not later than January 1, 2004 (b)  Definitions In this section (1) the term Federal On-Scene Coordinator has the meaning given that term in section 311 of the Federal Water Pollution Control Act ( 33 U.S.C. 1321 (2) the term incidental take has the meaning given that term in the Inter-Agency Memorandum; (3) the term Inter-Agency Memorandum means the Inter-Agency Memorandum of Agreement Regarding Oil Spill Planning and Response Activities under the Federal Water Pollution Control Acts National Oil and Hazardous Substances Pollution Contingency Plan and the Endangered Species Act [of 1973, 16 U.S.C. 1531 July 22, 2001 (4) the terms National Contingency Plan, removal, and responsible party have the meanings given those terms under section 1001 of the Oil Pollution Act of 1990 ( 33 U.S.C. 2701 (5) the term private responder means a nongovernmental entity or individual that is carrying out an oil spill removal activity at the direction of a Federal agency or a responsible party. Oil Spill Liability Under Oil Pollution Act of 1990 Pub. L. 101380, title II,  2002(a) Aug. 18, 1990 104 Stat. 507 Subsections (f), (g), (h), and (i) of section 311 of the Federal Water Pollution Control Act ( 33 U.S.C. 1321 33 U.S.C. 2702 Transfer of Moneys to Oil Spill Liability Trust Fund Pub. L. 101380, title II,  2002(b)(2) Aug. 18, 1990 104 Stat. 507 Subsection (k) [of this section] is repealed. Any amounts remaining in the revolving fund established under that subsection shall be deposited in the [Oil Spill Liability Trust] Fund. The Fund shall assume all liability incurred by the revolving fund established under that subsection. Revision of National Contingency Plan Pub. L. 101380, title IV,  4201(c)[(d)] Aug. 18, 1990 104 Stat. 527 Not later than one year after the date of the enactment of this Act [ Aug. 18, 1990 33 U.S.C. 1321(c)(2) [For delegation of functions of President under section 4201(c) of Pub. L. 101380 Jan. 23, 1987 section 9615 of Title 42 Implementation of National Planning and Response System Pub. L. 101380, title IV,  4202(b) Aug. 18, 1990 104 Stat. 531  (1)  Area committees and contingency plans (A) Not later than 6 months after the date of the enactment of this Act [ Aug. 18, 1990 33 U.S.C. 1321(j)(4) (B) Not later than 18 months after the date of the enactment of this Act, each Area Committee established under that section shall submit to the President the Area Contingency Plan required under that section. (C) Not later than 24 months after the date of the enactment of this Act, the President shall (i) promptly review each plan; (ii) require amendments to any plan that does not meet the requirements of section 311(j)(4) of the Federal Water Pollution Control Act; and (iii) approve each plan that meets the requirements of that section. (2)  National response unit Not later than one year after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall establish a National Response Unit in accordance with section 311(j)(2) of the Federal Water Pollution Control Act, as amended by this Act. (3)  Coast guard district response groups Not later than 1 year after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall establish Coast Guard District Response Groups in accordance with section 311(j)(3) of the Federal Water Pollution Control Act, as amended by this Act. (4)  Tank vessel and facility response plans; transition provision; effective date of prohibition (A) Not later than 24 months after the date of the enactment of this Act, the President shall issue regulations for tank vessel and facility response plans under section 311(j)(5) of the Federal Water Pollution Control Act, as amended by this Act. (B) During the period beginning 30 months after the date of the enactment of this paragraph [ Aug. 18, 1990 (C) Subparagraph (E) of section 311(j)(5) of the Federal Water Pollution Control Act, as amended by this Act, shall take effect 36 months after the date of the enactment of this Act. Deposit of Certain Penalties Into Oil Spill Liability Trust Fund Penalties paid pursuant to this section and sections 1319(c) and 1501 et seq. of this title to be deposited in the Oil Spill Liability Trust Fund created under section 9509 of Title 26 section 4304 of Pub. L. 101380 section 9509 of Title 26 Allowable Delay in Establishing Financial Responsibility for Increase in Amounts Under 1977 Amendment Pub. L. 95217,  58(j) Dec. 27, 1977 91 Stat. 1596 No vessel subject to the increased amounts which result from the amendments made by subsections (d)(2), (d)(3), and (d)(4) of this section [amending this section] shall be required to establish any evidence of financial responsibility under section 311(p) of the Federal Water Pollution Control Act [subsec. (p) of this section] for such increased amounts before October 1, 1978 Executive Documents  Transfer of Functions Enforcement functions of Administrator or other official of the Environmental Protection Agency under this section relating to spill prevention, containment and countermeasure plans with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas were transferred to the Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, until the first anniversary of the date of initial operation of the Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979,  102(a), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373 July 1, 1979 section 3012(b) of Pub. L. 102486 section 719e of Title 15 section 720d(f) of Title 15  Delegation of Functions For delegation of certain functions of President under this section, see Ex. Ord. No. 12580, Jan. 23, 1987 section 9615 of Title 42  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  Territorial Sea and Contiguous Zone of United States For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No. 7219, respectively, set out as notes under section 1331 of Title 43  Executive Order No. 11735 Ex. Ord. No. 11735, Aug. 3, 1973 May 5, 1983 Oct. 18, 1991  Executive Order No. 12418 Ex. Ord. No. 12418, May 5, 1983 Oct. 18, 1991  Ex. Ord. No. 12777. Implementation of This Section and Oil Pollution Act of 1990 Ex. Ord. No. 12777, Oct. 18, 1991 Feb. 28, 2003 Mar. 15, 2013 By the authority vested in me as President by the Constitution and the laws of the United States of America, including Section 311 of the Federal Water Pollution Control Act, (FWPCA) ( 33 U.S.C. 1321 Public Law 101380 Section 301 of Title 3 Section National Contingency Plan, Area Committees, and Area Contingency Plans section 9615 of Title 42 (b) The functions vested in the President by Section 311(j)(4) of FWPCA, and Section 4202(b)(1) of OPA [set out as a note above], respecting the designation of Areas, the appointment of Area Committee members, the requiring of information to be included in Area Contingency Plans, and the review and approval of Area Contingency Plans are delegated to the Administrator of the Environmental Protection Agency (Administrator) for the inland zone and the Secretary of the Department in which the Coast Guard is operating for the coastal zone (inland and coastal zones are defined in the NCP). Sec National Response System (b)(1) The functions vested in the President by Section 311(j)(1)(C) of FWPCA, respecting the establishment of procedures, methods, and equipment and other requirements for equipment to prevent and to contain discharges of oil and hazardous substances from non-transportation-related onshore facilities, are delegated to the Administrator. (2) The functions vested in the President by Section 311(j)(1)(C) of FWPCA, respecting the establishment of procedures, methods, and equipment and other requirements for equipment to prevent and to contain discharges of oil and hazardous substances from vessels and transportation-related onshore facilities and deepwater ports subject to the Deepwater Ports [Port] Act of 1974 (DPA) [ 33 U.S.C. 1501 (3) The functions vested in the President by Section 311(j)(1)(C) of FWPCA, respecting the establishment of procedures, methods, and equipment and other requirements for equipment to prevent and to contain discharges of oil and hazardous substances from offshore facilities, including associated pipelines, other than deepwater ports subject to the DPA, are delegated to the Secretary of the Interior. (c) The functions vested in the President by Section 311(j)(1)(D) of FWPCA, respecting the inspection of vessels carrying cargoes of oil and hazardous substances and the inspection of such cargoes, are delegated to the Secretary of the Department in which the Coast Guard is operating. (d)(1) The functions vested in the President by Section 311(j)(5) of FWPCA and Section 4202(b)(4) of OPA [set out as a note above], respecting the issuance of regulations requiring the owners or operators of non-transportation-related onshore facilities to prepare and submit response plans, the approval of means to ensure the availability of private personnel and equipment, the review and approval of such response plans, and the authorization of non-transportation-related onshore facilities to operate without approved response plans, are delegated to the Administrator. (2) The functions vested in the President by Section 311(j)(5) of FWPCA and Section 4202(b)(4) of OPA, respecting the issuance of regulations requiring the owners or operators of tank vessels, transportation-related onshore facilities and deepwater ports subject to the DPA, to prepare and submit response plans, the approval of means to ensure the availability of private personnel and equipment, the review and approval of such response plans, and the authorization of tank vessels, transportation-related onshore facilities and deepwater ports subject to the DPA to operate without approved response plans, are delegated to the Secretary of Transportation and the Secretary of the Department in which the Coast Guard is operating. (3) The functions vested in the President by Section 311(j)(5) of FWPCA and Section 4202(b)(4) of OPA, respecting the issuance of regulations requiring the owners or operators of offshore facilities, including associated pipelines, other than deepwater ports subject to the DPA, to prepare and submit response plans, the approval of means to ensure the availability of private personnel and equipment, the review and approval of such response plans, and the authorization of offshore facilities, including associated pipelines, other than deepwater ports subject to the DPA, to operate without approved response plans, are delegated to the Secretary of the Interior. (e)(1) The functions vested in the President by Section 311(j)(6)(A) of FWPCA, respecting the requirements for periodic inspections of containment booms and equipment used to remove discharges at non-transportation-related onshore facilities, are delegated to the Administrator. (2) The functions vested in the President by Section 311(j)(6)(A) of FWPCA, respecting the requirements for periodic inspections of containment booms and equipment used to remove discharges on vessels, and at transportation-related onshore facilities and deepwater ports subject to the DPA, are delegated to the Secretary of the Department in which the Coast Guard is operating. (3) The functions vested in the President by Section 311(j)(6)(A) of FWPCA, respecting the requirements for periodic inspections of containment booms and equipment used to remove discharges at offshore facilities, including associated pipelines, other than deepwater ports subject to the DPA, are delegated to the Secretary of the Interior. (f) The functions vested in the President by Section 311(j)(6)(B) of FWPCA, respecting requirements for vessels to carry appropriate removal equipment, are delegated to the Secretary of the Department in which the Coast Guard is operating. (g)(1) The functions vested in the President by Section 311(j)(7) of FWPCA, respecting periodic drills of removal capability under relevant response plans for onshore and offshore facilities located in the inland zone, and the publishing of annual reports on those drills, are delegated to the Administrator. (2) The functions vested in the President by Section 311(j)(7) of FWPCA, respecting periodic drills of removal capability under relevant response plans for tank vessels, and for onshore and offshore facilities located in the coastal zone, and the publishing of annual reports on those drills, are delegated to the Secretary of the Department in which the Coast Guard is operating. (h) No provision of Section 2 of this order, including, but not limited to, any delegation or assignment of any function hereunder, shall in any way affect, or be construed or interpreted to affect the authority of any Department or agency, or the head of any Department or agency under any provision of law other than Section 311(j) of FWPCA or Section 4202(b)(4) of OPA. (i) The functions vested in the President by Section 311(j) of FWPCA or Section 4202(b)(4) of OPA which have been delegated or assigned by Section 2 of this order may be redelegated to the head of any Executive department or agency with his or her consent. Sec Removal 33 U.S.C. 2711 Sec Liability Limit Adjustment (A) the adjustment of the limits of liability listed in section 1004(a) of OPA for vessels, onshore facilities, and deepwater ports subject to the DPA, to reflect significant increases in the Consumer Price Index; (B) the establishment of limits of liability under section 1004(d)(1), with respect to classes or categories of marine transportation-related onshore facilities, and the adjustment of any such limits of liability established under section 1004(d)(1), and of any limits of liability established under section 1004(d)(2) with respect to deepwater ports subject to the DPA, to reflect significant increases in the Consumer Price Index; and (C) the reporting to Congress on the desirability of adjusting limits of liability, with respect to vessels, marine transportation-related onshore facilities, and deepwater ports subject to the DPA. (2) The Administrator and the Secretary of Transportation will provide necessary regulatory analysis support to ensure timely regulatory Consumer Price Index adjustments by the Secretary of the department in which the Coast Guard is operating of the limits of liability listed in section 1004(a) of OPA for onshore facilities under subparagraph (a)(1)(A) of this section. (b) The following functions vested in the President by section 1004(d) of OPA are delegated to the Administrator, acting in consultation with the Secretary of the department in which the Coast Guard is operating, the Secretary of Transportation, the Secretary of the Interior, the Secretary of Energy, and the Attorney General: (1) the establishment of limits of liability under section 1004(d)(1), with respect to classes or categories of non-transportation-related onshore facilities, and the adjustment of any such limits of liability established under section 1004(d)(1) by the Administrator to reflect significant increases in the Consumer Price Index; and (2) the reporting to Congress on the desirability of adjusting limits of liability with respect to non-transportation-related onshore facilities. (c) The following functions vested in the President by section 1004(d) of OPA are delegated to the Secretary of Transportation, acting in consultation with the Secretary of the department in which the Coast Guard is operating, the Administrator, the Secretary of the Interior, and the Attorney General: (1) the establishment of limits of liability under section 1004(d)(1), with respect to classes or categories of non-marine transportation-related onshore facilities, and the adjustment of any such limits of liability established under section 1004(d)(1) by the Secretary of Transportation to reflect significant increases in the Consumer Price Index; and (2) the reporting to Congress on the desirability of adjusting limits of liability, with respect to non-marine transportation-related onshore facilities. (d) The following functions vested in the President by section 1004(d) of OPA are delegated to the Secretary of the Interior, acting in consultation with the Secretary of the department in which the Coast Guard is operating, the Administrator, the Secretary of Transportation, and the Attorney General: (1) the adjustment of limits of liability to reflect significant increases in the Consumer Price Index with respect to offshore facilities, including associated pipelines, other than deepwater ports subject to the DPA; and (2) the reporting to Congress on the desirability of adjusting limits of liability with respect to offshore facilities, including associated pipelines, other than deepwater ports subject to the DPA. Sec Financial Responsibility 33 U.S.C. 2716(e) (2) The functions vested in the President by Section 1016(e) of OPA, respecting (in the case of deepwater ports) the issuance of regulations concerning financial responsibility, the determination of acceptable methods of financial responsibility, and the specification of necessary or unacceptable terms, conditions, or defenses, are delegated to the Secretary of the Department in which the Coast Guard is operating. (b)(1) The functions vested in the President by Section 4303 of OPA [ 33 U.S.C. 2716a (2) The functions vested in the President by Section 4303 of OPA, respecting (in cases involving offshore facilities other than deepwater ports) the assessment of civil penalties, the compromising, modification or remission, with or without condition, and the referral for collection of such imposed penalties, and requests to the Attorney General to secure necessary judicial relief, are delegated to the Secretary of the Interior. (3) The functions vested in the President by Section 4303 of OPA, respecting (in cases involving deepwater ports) the assessment of civil penalties, the compromising, modification or remission, with or without condition, and the referral for collection of such imposed penalties, and requests to the Attorney General to secure necessary judicial relief, are delegated to the Secretary of the Department in which the Coast Guard is operating. Sec Enforcement (b) The functions vested in the President by Section 311(e) of FWPCA, respecting determinations of imminent and substantial threat, requesting the Attorney General to secure judicial relief, and other action including issuing administrative orders, are delegated to the Administrator for the inland zone and to the Secretary of the Department in which the Coast Guard is operating for the coastal zone. Sec Management of the Oil Spill Liability Trust Fund and Claims 33 U.S.C. 2712(a)(1) (B) The functions vested in the President by Section 6002(b) of the OPA [ 33 U.S.C. 2752(b) 33 U.S.C. 2706 (2) The functions vested in the President by Section 1012(a)(2) of OPA [ 33 U.S.C. 2712(a)(2) (3) The functions vested in the President by Section 1012(a)(5) of OPA, respecting the payment of costs and expenses of departments and agencies having responsibility for the implementation, administration, and enforcement of the Oil Pollution Act of 1990 and subsections (b), (c), (d), (j) and ( l (b) The functions vested in the President by Section 1012(c) of OPA, respecting designation of Federal officials who may obligate money, are delegated to each head of the departments and agencies to whom functions have been delegated under section 7(a) of this order for the purpose of carrying out such functions. (c)(1) The functions vested in the President by Section 1012(d) and (e) of OPA, respecting the obligation of the Trust Fund on the request of a Governor or pursuant to an agreement with a State, entrance into agreements with States, agreement upon terms and conditions, and the promulgation of regulations concerning such obligation and entrance into such agreement, are delegated to the Secretary of the Department in which the Coast Guard is operating, in consultation with the Administrator. (2) The functions vested in the President by Section 1013(e) of OPA [ 33 U.S.C. 2713(e) (3) The functions vested in the President by Section 1012(a) of OPA, respecting the payment of costs, damages, and claims, delegated herein to the Secretary of the Department in which the Coast Guard is operating, include, inter alia (d)(1) The Coast Guard is designated the appropriate agency for the purpose of receiving the notice of discharge of oil or hazardous substances required by Section 311(b)(5) of FWPCA, and the Secretary of the Department in which the Coast Guard is operating is authorized to issue regulations implementing this designation. (2) The functions vested in the President by Section 1014 of OPA [ 33 U.S.C. 2714 Sec Miscellaneous (b) The functions vested in the President by Section 311(d)(2)(G) of FWPCA, respecting schedules of dispersant, chemical, and other spill mitigating devices or substances, are delegated to the Administrator. (c) The functions vested in the President by Section 1006(b)(3) and (4) of OPA [ 33 U.S.C. 2706(b)(3) (d) The function vested in the President by Section 3004 of OPA [ 104 Stat. 508 (e) The functions vested in the President by Section 4113 of OPA [ 104 Stat. 516 (f) The function vested in the President by Section 5002(c)(2)(D) of OPA [ 33 U.S.C. 2732(c)(2)(D) (g) The functions vested in the President by Section 5002( o (h) The function vested in the President by Section 7001(a)(3) of OPA [ 33 U.S.C. 2761(a)(3) (i) Executive Order No. 11735 of August 3, 1973 February 26, 1979 May 5, 1983 August 24, 1990 Sec Consultation Sec Litigation section 2701 of this title (b) Notwithstanding any other provision of this order, the authority under the Oil Pollution Act of 1990 to require the Attorney General to commence litigation is retained by the President. (c) Notwithstanding any other provision of this order, the Secretaries of the Departments of Transportation, Commerce, Interior, Agriculture, the Secretary of the Department in which the Coast Guard is operating, and/or the Administrator of the Environmental Protection Agency may request that the Attorney General commence litigation under the Oil Pollution Act of 1990. (d) The Attorney General, in his discretion, is authorized to require that, with respect to a particular oil spill, an agency refrain from taking administrative enforcement action without first consulting with the Attorney General.  Ex. Ord. No. 13626. Gulf Coast Ecosystem Restoration Ex. Ord. No. 13626, Sept. 10, 2012 By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 311 of the Federal Water Pollution Control Act (FWPCA) ( 33 U.S.C. 1321 33 U.S.C. 2706 section 301 of title 3 Section Policy October 5, 2010 April 20, 2010 Since the implementation of Executive Order 13554, the Federal Governments Gulf Coast ecosystem restoration planning efforts have advanced significantly. The Task Forces Gulf of Mexico Regional Ecosystem Restoration Strategy (Strategy), created with input from Federal, State, tribal, and local governments, and thousands of involved citizens and organizations across the region, serves as a comprehensive restoration plan for addressing ecological concerns in the Gulf of Mexico. In light of the release of the Strategy, the ongoing work of the Natural Resource Damage Trustee Council (Trustee Council) under the Oil Pollution Act, and the recent passage of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 (RESTORE Act) (title I, subtitle F of Public Law 112141 Sec Termination of the Gulf Coast Ecosystem Restoration Task Force Sec The Gulf Coast Restoration Trust Fund and the Gulf Coast Ecosystem Restoration Council (a) Gulf Coast Restoration Trust Fund Public Law 112141 33 U.S.C. 1321 (b) Gulf Coast Ecosystem Restoration Council (c) Federal members of the Gulf Restoration Council and Trustee Council, as well as all Federal entities involved in Gulf Coast restoration, shall work closely with one another to advance their common goals, reduce duplication, and maximize consistency among their efforts. All Federal members are directed to consult with each other and with all non-federal members in carrying out their duties on the Gulf Restoration Council. Sec Ongoing Role of the Natural Resource Damage Assessment Trustee Council 33 U.S.C. 2706 (b) Section 7(e) of Executive Order 13554 provides that nothing in that order shall interfere with the statutory responsibilities and authority of the Trustee Council or the individual trustees to carry out their statutory responsibilities to assess natural resource damages and implement restoration actions under 33 U.S.C. 2706 Sec Designating Trustees for Natural Resource Damage Assessment October 18, 1991 section 2706(b)(2) of title 33 The Administrator of EPA is hereby directed to revise Subpart G of the National Oil and Hazardous Substances Pollution Contingency Plan to reflect the designations for the Deepwater Horizon Oil Spill discussed in this section. Sec General Provisions (i) the authority granted by law to a department or agency, or the head thereof; or (ii) the functions of the Trustee Council, or those of the Director of the Office of Management and Budget, relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) Executive Order 13554 of October 5, 2010  Barack Obama.  1321a. Prevention of small oil spills (a) Prevention and education program The Under Secretary of Commerce for Oceans and Atmosphere, in consultation with the Secretary of the Department in which the Coast Guard is operating and other appropriate agencies, shall establish an oil spill prevention and education program for small vessels. The program shall provide for assessment, outreach, and training and voluntary compliance activities to prevent and improve the effective response to oil spills from vessels and facilities not required to prepare a vessel response plan under the Federal Water Pollution Control Act ( 33 U.S.C. 1251 section 1126 of this title (1) regional assessments to quantify the source, incidence and volume of small oil spills, focusing initially on regions in the country where, in the past 10 years, the incidence of such spills is estimated to be the highest; (2) voluntary, incentive-based clean marina programs that encourage marina operators, recreational boaters, and small commercial vessel operators to engage in environmentally sound operating and maintenance procedures and best management practices to prevent or reduce pollution from oil spills and other sources; (3) cooperative oil spill prevention education programs that promote public understanding of the impacts of spilled oil and provide useful information and techniques to minimize pollution, including methods to remove oil and reduce oil contamination of bilge water, prevent accidental spills during maintenance and refueling and properly cleanup and dispose of oil and hazardous substances; and (4) support for programs, including outreach and education to address derelict vessels and the threat of such vessels sinking and discharging oil and other hazardous substances, including outreach and education to involve efforts to the owners of such vessels. (b) Authorization of appropriations There are authorized to be appropriated to the Under Secretary of Commerce for Oceans and Atmosphere to carry out this section, $10,000,000 for each of fiscal years 2010 through 2014. ( Pub. L. 111281, title VII,  705 Oct. 15, 2010 124 Stat. 2982  Editorial Notes  References in Text The Federal Water Pollution Control Act, referred to in subsec. (a), is act June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 816 section 1251 of this title Codification Section was enacted as part of the Coast Guard Authorization Act of 2010, and not as part of the Federal Water Pollution Control Act which comprises this chapter.  1321b. Improved coordination with tribal governments (a) In general Within 6 months after October 15, 2010 (b) Inclusion of tribal government The Secretary of the Department in which the Coast Guard is operating shall ensure that, as soon as practicable after identifying an oil spill that is likely to have a significant impact on natural or cultural resources owned or directly utilized by a federally recognized Indian tribe, the Coast Guard will (1) ensure that representatives of the tribal government of the affected tribes are included as part of the incident command system established by the Coast Guard to respond to the spill; (2) share information about the oil spill with the tribal government of the affected tribe; and (3) to the extent practicable, involve tribal governments in deciding how to respond to the spill. (c) Cooperative arrangements The Coast Guard may enter into memoranda of agreement and associated protocols with Indian tribal governments in order to establish cooperative arrangements for oil pollution prevention, preparedness, and response. Such memoranda may be entered into prior to the development of the tribal consultation and coordination policy to provide Indian tribes grant and contract assistance. Such memoranda of agreement and associated protocols with Indian tribal governments may include (1) arrangements for the assistance of the tribal government to participate in the development of the National Contingency Plan and local Area Contingency Plans to the extent they affect tribal lands, cultural and natural resources; (2) arrangements for the assistance of the tribal government to develop the capacity to implement the National Contingency Plan and local Area Contingency Plans to the extent they affect tribal lands, cultural and natural resources; (3) provisions on coordination in the event of a spill, including agreements that representatives of the tribal government will be included as part of the regional response team co-chaired by the Coast Guard and the Environmental Protection Agency to establish policies for responding to oil spills; (4) arrangements for the Coast Guard to provide training of tribal incident commanders and spill responders for oil spill preparedness and response; (5) demonstration projects to assist tribal governments in building the capacity to protect tribal treaty rights and trust assets from oil spills; and (6) such additional measures the Coast Guard determines to be necessary for oil pollution prevention, preparedness, and response. (d) Funding for tribal participation Subject to the availability of appropriations, the Commandant of the Coast Guard shall provide assistance to participating tribal governments in order to facilitate the implementation of cooperative arrangements under subsection (c) and ensure the participation of tribal governments in such arrangements. There are authorized to be appropriated to the Commandant $500,000 for each of fiscal years 2010 through 2014 to be used to carry out this section. ( Pub. L. 111281, title VII,  706 Oct. 15, 2010 124 Stat. 2983  Editorial Notes Codification Section was enacted as part of the Coast Guard Authorization Act of 2010, and not as part of the Federal Water Pollution Control Act which comprises this chapter.  1321c. International efforts on enforcement  The Secretary of the department in which the Coast Guard is operating, in consultation with the heads of other appropriate Federal agencies, shall ensure that the Coast Guard pursues stronger enforcement in the International Maritime Organization of agreements related to oil discharges, including joint enforcement operations, training, and stronger compliance mechanisms. ( Pub. L. 111281, title VII,  709 Oct. 15, 2010 124 Stat. 2986  Editorial Notes Codification Section was enacted as part of the Coast Guard Authorization Act of 2010, and not as part of the Federal Water Pollution Control Act which comprises this chapter.  1322. Marine sanitation devices; discharges incidental to the normal operation of vessels (a) Definitions In this section, the term (1) new vessel includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on the navigable waters, the construction of which is initiated after promulgation of standards and regulations under this section; (2) existing vessel includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on the navigable waters, the construction of which is initiated before promulgation of standards and regulations under this section; (3) public vessel means a vessel owned or bareboat chartered and operated by the United States, by a State or political subdivision thereof, or by a foreign nation, except when such vessel is engaged in commerce; (4) United States includes the States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Canal Zone, and the Trust Territory of the Pacific Islands; (5) marine sanitation device includes any equipment for installation on board a vessel which is designed to receive, retain, treat, or discharge sewage, and any process to treat such sewage; (6) sewage means human body wastes and the wastes from toilets and other receptacles intended to receive or retain body wastes except that, with respect to commercial vessels on the Great Lakes, such term shall include graywater; (7) manufacturer means any person engaged in the manufacturing, assembling, or importation of marine sanitation devices, marine pollution control device equipment, or vessels subject to standards and regulations promulgated under this section; (8) person means an individual, partnership, firm, corporation, association, or agency of the United States, but does not include an individual on board a public vessel; (9) discharge includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping; (10) commercial vessels means those vessels used in the business of transporting property for compensation or hire, or in transporting property in the business of the owner, lessee, or operator of the vessel; (11) graywater means galley, bath, and shower water; (12) discharge incidental to the normal operation of a vessel (A) means a discharge, including (i) graywater, bilge water, cooling water, weather deck runoff, ballast water, oil water separator effluent, and any other pollutant discharge from the operation of a marine propulsion system, shipboard maneuvering system, crew habitability system, or installed major equipment, such as an aircraft carrier elevator or a catapult, or from a protective, preservative, or absorptive application to the hull of the vessel; and (ii) a discharge in connection with the testing, maintenance, and repair of a system described in clause (i) whenever the vessel is waterborne; and (B) does not include (i) a discharge of rubbish, trash, garbage, or other such material discharged overboard; (ii) an air emission resulting from the operation of a vessel propulsion system, motor driven equipment, or incinerator; or (iii) a discharge that is not covered by part 122.3 of title 40, Code of Federal Regulations (as in effect on February 10, 1996 (13) marine pollution control device means, except as provided in subsection (p), any equipment or management practice, for installation or use on board a vessel of the Armed Forces, that is (A) designed to receive, retain, treat, control, or discharge a discharge incidental to the normal operation of a vessel; and (B) determined by the Administrator and the Secretary of Defense to be the most effective equipment or management practice to reduce the environmental impacts of the discharge consistent with the considerations set forth in subsection (n)(2)(B); and (14) vessel of the Armed Forces means (A) any vessel owned or operated by the Department of Defense, other than a time or voyage chartered vessel; and (B) any vessel owned or operated by the Department of Transportation that is designated by the Secretary of the department in which the Coast Guard is operating as a vessel equivalent to a vessel described in subparagraph (A). (b) Federal standards of performance (1) As soon as possible, after October 18, 1972 section 1254(j) of this title (2) Any existing vessel equipped with a marine sanitation device on the date of promulgation of initial standards and regulations under this section, which device is in compliance with such initial standards and regulations, shall be deemed in compliance with this section until such time as the device is replaced or is found not to be in compliance with such initial standards and regulations. (c) Initial standards; effective dates; revision; waiver (1) (A) Initial standards and regulations under this section shall become effective for new vessels two years after promulgation; and for existing vessels five years after promulgation. Revisions of standards and regulations shall be effective upon promulgation, unless another effective date is specified, except that no revision shall take effect before the effective date of the standard or regulation being revised. (B) The Administrator shall, with respect to commercial vessels on the Great Lakes, establish standards which require at a minimum the equivalent of secondary treatment as defined under section 1314(d) of this title (2) The Secretary of the department in which the Coast Guard is operating with regard to his regulatory authority established by this section, after consultation with the Administrator, may distinguish among classes, type, and sizes of vessels as well as between new and existing vessels, and may waive applicability of standards and regulations as necessary or appropriate for such classes, types, and sizes of vessels (including existing vessels equipped with marine sanitation devices on the date of promulgation of the initial standards required by this section), and, upon application, for individual vessels. (d) Vessels owned and operated by the United States The provisions of this section and the standards and regulations promulgated hereunder apply to vessels owned and operated by the United States unless the Secretary of Defense finds that compliance would not be in the interest of national security. With respect to vessels owned and operated by the Department of Defense, regulations under the last sentence of subsection (b)(1) of this section and certifications under subsection (g)(2) of this section shall be promulgated and issued by the Secretary of Defense. (e) Pre-promulgation consultation Before the standards and regulations under this section are promulgated, the Administrator and the Secretary of the department in which the Coast Guard is operating shall consult with the Secretary of State; the Secretary of Health and Human Services; the Secretary of Defense; the Secretary of the Treasury; the Secretary of Commerce; other interested Federal agencies; and the States and industries interested; and otherwise comply with the requirements of section 553 of title 5 (f) Regulation by States or political subdivisions thereof; complete prohibition upon discharge of sewage (1) (A) Except as provided in subparagraph (B), after the effective date of the initial standards and regulations promulgated under this section, no State or political subdivision thereof shall adopt or enforce any statute or regulation of such State or political subdivision with respect to the design, manufacture, or installation or use of any marine sanitation device on any vessel subject to the provisions of this section. (B) A State may adopt and enforce a statute or regulation with respect to the design, manufacture, or installation or use of any marine sanitation device on a houseboat, if such statute or regulation is more stringent than the standards and regulations promulgated under this section. For purposes of this paragraph, the term houseboat means a vessel which, for a period of time determined by the State in which the vessel is located, is used primarily as a residence and is not used primarily as a means of transportation. (2) If, after promulgation of the initial standards and regulations and prior to their effective date, a vessel is equipped with a marine sanitation device in compliance with such standards and regulations and the installation and operation of such device is in accordance with such standards and regulations, such standards and regulations shall, for the purposes of paragraph (1) of this subsection, become effective with respect to such vessel on the date of such compliance. (3) After the effective date of the initial standards and regulations promulgated under this section, if any State determines that the protection and enhancement of the quality of some or all of the waters within such State require greater environmental protection, such State may completely prohibit the discharge from all vessels of any sewage, whether treated or not, into such waters, except that no such prohibition shall apply until the Administrator determines that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for such water to which such prohibition would apply. Upon application of the State, the Administrator shall make such determination within 90 days of the date of such application. (4) (A) If the Administrator determines upon application by a State that the protection and enhancement of the quality of specified waters within such State requires such a prohibition, he shall by regulation completely prohibit the discharge from a vessel of any sewage (whether treated or not) into such waters. (B) Upon application by a State, the Administrator shall, by regulation, establish a drinking water intake zone in any waters within such State and prohibit the discharge of sewage from vessels within that zone. (g) Sales limited to certified devices; certification of test device; recordkeeping; reports (1) No manufacturer of a marine sanitation device or marine pollution control device equipment shall sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States for sale or resale any marine sanitation device or marine pollution control device equipment manufactured after the effective date of the standards and regulations promulgated under this section unless such device or equipment is in all material respects substantially the same as a test device or equipment certified under this subsection. (2) Upon application of the manufacturer, the Secretary of the department in which the Coast Guard is operating shall so certify a marine sanitation device or marine pollution control device equipment if he determines, in accordance with the provisions of this paragraph, that it meets the appropriate standards and regulations promulgated under this section. The Secretary of the department in which the Coast Guard is operating shall test or require such testing of the device or equipment in accordance with procedures set forth by the Administrator as to standards of performance and for such other purposes as may be appropriate. If the Secretary of the department in which the Coast Guard is operating determines that the device or equipment is satisfactory from the standpoint of safety and any other requirements of maritime law or regulation, and after consideration of the design, installation, operation, material, or other appropriate factors, he shall certify the device or equipment. Any device or equipment manufactured by such manufacturer which is in all material respects substantially the same as the certified test device or equipment shall be deemed to be in conformity with the appropriate standards and regulations established under this section. (3) Every manufacturer shall establish and maintain such records, make such reports, and provide such information as the Administrator or the Secretary of the department in which the Coast Guard is operating may reasonably require to enable him to determine whether such manufacturer has acted or is acting in compliance with this section and regulations issued thereunder and shall, upon request of an officer or employee duly designated by the Administrator or the Secretary of the department in which the Coast Guard is operating, permit such officer or employee at reasonable times to have access to and copy such records. All information reported to or otherwise obtained by the Administrator or the Secretary of the Department in which the Coast Guard is operating or their representatives pursuant to this subsection which contains or relates to a trade secret or other matter referred to in section 1905 of title 18 (h) Sale and resale of properly equipped vessels; operability of certified marine sanitation devices (1) In general Subject to paragraph (2), after the effective date of standards and regulations promulgated under this section, it shall be unlawful (A) for the manufacturer of any vessel subject to such standards and regulations to manufacture for sale, to sell or offer for sale, or to distribute for sale or resale any such vessel unless it is equipped with a marine sanitation device and marine pollution control device equipment which is in all material respects substantially the same as the appropriate test device certified pursuant to this section; (B) for any person, prior to the sale or delivery of a vessel subject to such standards and regulations to the ultimate purchaser, wrongfully to remove or render inoperative any certified marine sanitation device or element of design of such device or any certified marine pollution control device equipment or element of design of such equipment installed in such vessel; (C) for any person to fail or refuse to permit access to or copying of records or to fail to make reports or provide information required under this section; and (D) for a vessel subject to such standards and regulations to operate on the navigable waters of the United States, if such vessel is not equipped with an operable marine sanitation device certified pursuant to this section. (2) Effect of subsection Nothing in this subsection requires certification of a marine pollution control device for use on any vessel of the Armed Forces. (i) Jurisdiction to restrain violations; contempts The district courts of the United States shall have jurisdictions to restrain violations of subsection (g)(1) of this section and subsections (h)(1) through (3) of this section. Actions to restrain such violations shall be brought by, and in, the name of the United States. In case of contumacy or refusal to obey a subpena served upon any person under this subsection, the district court of the United States for any district in which such person is found or resides or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony or to appear and produce documents, and any failure to obey such order of the court may be punished by such court as a contempt thereof. (j) Penalties Any person who violates subsection (g)(1), clause (1) or (2) of subsection (h), or subsection (n)(8) shall be liable to a civil penalty of not more than $5,000 for each violation. Any person who violates clause (4) of subsection (h) of this section or any regulation issued pursuant to this section shall be liable to a civil penalty of not more than $2,000 for each violation. Each violation shall be a separate offense. The Secretary of the department in which the Coast Guard is operating may assess and compromise any such penalty. No penalty shall be assessed until the person charged shall have been given notice and an opportunity for a hearing on such charge. In determining the amount of the penalty, or the amount agreed upon in compromise, the gravity of the violation, and the demonstrated good faith of the person charged in attempting to achieve rapid compliance, after notification of a violation, shall be considered by said Secretary. (k) Enforcement authority (1) Administrator This section shall be enforced by the Administrator, to the extent provided in section 1319 of this title (2) Secretary (A) In general This section shall be enforced by the Secretary of the department in which the Coast Guard is operating, who may use, by agreement, with or without reimbursement, law enforcement officers or other personnel and facilities of the Administrator, other Federal agencies, or the States to carry out the provisions of this section. (B) Inspections For purposes of ensuring compliance with this section, the Secretary (i) may carry out an inspection (including the taking of ballast water samples) of any vessel at any time; and (ii) shall (I) establish procedures for (aa) reporting violations of this section; and (bb) accumulating evidence regarding those violations; and (II) use appropriate and practicable measures of detection and environmental monitoring of vessels. (C) Detention The Secretary may detain a vessel if the Secretary (i) has reasonable cause to believe that the vessel (I) has failed to comply with an applicable requirement of this section; or (II) is being operated in violation of such a requirement; and (ii) the Secretary provides to the owner or operator of the vessel a notice of the intent to detain. (3) States (A) In general This section may be enforced by a State or political subdivision of a State (including the attorney general of a State), including by filing a civil action in an appropriate Federal district court to enforce any violation of subsection (p). (B) Jurisdiction The appropriate Federal district court shall have jurisdiction with respect to a civil action filed pursuant to subparagraph (A), without regard to the amount in controversy or the citizenship of the parties (i) to enforce the requirements of this section; and (ii) to apply appropriate civil penalties under this section or section 1319(d) of this title (l) Boarding and inspection of vessels; execution of warrants and other process Anyone authorized by the Secretary of the department in which the Coast Guard is operating to enforce the provisions of this section may, except as to public vessels, (1) board and inspect any vessel upon the navigable waters of the United States and (2) execute any warrant or other process issued by an officer or court of competent jurisdiction. (m) Enforcement in United States possessions In the case of Guam and the Trust Territory of the Pacific Islands, actions arising under this section may be brought in the district court of Guam, and in the case of the Virgin Islands such actions may be brought in the district court of the Virgin Islands. In the case of American Samoa and the Trust Territory of the Pacific Islands, such actions may be brought in the District Court of the United States for the District of Hawaii and such court shall have jurisdiction of such actions. In the case of the Canal Zone, such actions may be brought in the District Court for the District of the Canal Zone. (n) Uniform national discharge standards for vessels of Armed Forces (1) Applicability This subsection shall apply to vessels of the Armed Forces and discharges, other than sewage, incidental to the normal operation of a vessel of the Armed Forces, unless the Secretary of Defense finds that compliance with this subsection would not be in the national security interests of the United States. (2) Determination of discharges required to be controlled by marine pollution control devices (A) In general The Administrator and the Secretary of Defense, after consultation with the Secretary of the department in which the Coast Guard is operating, the Secretary of Commerce, and interested States, shall jointly determine the discharges incidental to the normal operation of a vessel of the Armed Forces for which it is reasonable and practicable to require use of a marine pollution control device to mitigate adverse impacts on the marine environment. Notwithstanding subsection (a)(1) of section 553 of title 5 (B) Considerations In making a determination under subparagraph (A), the Administrator and the Secretary of Defense shall take into consideration (i) the nature of the discharge; (ii) the environmental effects of the discharge; (iii) the practicability of using the marine pollution control device; (iv) the effect that installation or use of the marine pollution control device would have on the operation or operational capability of the vessel; (v) applicable United States law; (vi) applicable international standards; and (vii) the economic costs of the installation and use of the marine pollution control device. (3) Performance standards for marine pollution control devices (A) In general For each discharge for which a marine pollution control device is determined to be required under paragraph (2), the Administrator and the Secretary of Defense, in consultation with the Secretary of the department in which the Coast Guard is operating, the Secretary of State, the Secretary of Commerce, other interested Federal agencies, and interested States, shall jointly promulgate Federal standards of performance for each marine pollution control device required with respect to the discharge. Notwithstanding subsection (a)(1) of section 553 of title 5 (B) Considerations In promulgating standards under this paragraph, the Administrator and the Secretary of Defense shall take into consideration the matters set forth in paragraph (2)(B). (C) Classes, types, and sizes of vessels The standards promulgated under this paragraph may (i) distinguish among classes, types, and sizes of vessels; (ii) distinguish between new and existing vessels; and (iii) provide for a waiver of the applicability of the standards as necessary or appropriate to a particular class, type, age, or size of vessel. (4) Regulations for use of marine pollution control devices The Secretary of Defense, after consultation with the Administrator and the Secretary of the department in which the Coast Guard is operating, shall promulgate such regulations governing the design, construction, installation, and use of marine pollution control devices on board vessels of the Armed Forces as are necessary to achieve the standards promulgated under paragraph (3). (5) Deadlines; effective date (A) Determinations The Administrator and the Secretary of Defense shall (i) make the initial determinations under paragraph (2) not later than 2 years after February 10, 1996 (ii) every 5 years (I) review the determinations; and (II) if necessary, revise the determinations based on significant new information. (B) Standards The Administrator and the Secretary of Defense shall (i) promulgate standards of performance for a marine pollution control device under paragraph (3) not later than 2 years after the date of a determination under paragraph (2) that the marine pollution control device is required; and (ii) every 5 years (I) review the standards; and (II) if necessary, revise the standards, consistent with paragraph (3)(B) and based on significant new information. (C) Regulations The Secretary of Defense shall promulgate regulations with respect to a marine pollution control device under paragraph (4) as soon as practicable after the Administrator and the Secretary of Defense promulgate standards with respect to the device under paragraph (3), but not later than 1 year after the Administrator and the Secretary of Defense promulgate the standards. The regulations promulgated by the Secretary of Defense under paragraph (4) shall become effective upon promulgation unless another effective date is specified in the regulations. (D) Petition for review The Governor of any State may submit a petition requesting that the Secretary of Defense and the Administrator review a determination under paragraph (2) or a standard under paragraph (3), if there is significant new information, not considered previously, that could reasonably result in a change to the particular determination or standard after consideration of the matters set forth in paragraph (2)(B). The petition shall be accompanied by the scientific and technical information on which the petition is based. The Administrator and the Secretary of Defense shall grant or deny the petition not later than 2 years after the date of receipt of the petition. (6) Effect on other laws (A) Prohibition on regulation by States or political subdivisions of States Beginning on the effective date of (i) a determination under paragraph (2) that it is not reasonable and practicable to require use of a marine pollution control device regarding a particular discharge incidental to the normal operation of a vessel of the Armed Forces; or (ii) regulations promulgated by the Secretary of Defense under paragraph (4); except as provided in paragraph (7), neither a State nor a political subdivision of a State may adopt or enforce any statute or regulation of the State or political subdivision with respect to the discharge or the design, construction, installation, or use of any marine pollution control device required to control discharges from a vessel of the Armed Forces. (B) Federal laws This subsection shall not affect the application of section 1321 of this title (7) Establishment of State no-discharge zones (A) State prohibition (i) In general After the effective date of (I) a determination under paragraph (2) that it is not reasonable and practicable to require use of a marine pollution control device regarding a particular discharge incidental to the normal operation of a vessel of the Armed Forces; or (II) regulations promulgated by the Secretary of Defense under paragraph (4); if a State determines that the protection and enhancement of the quality of some or all of the waters within the State require greater environmental protection, the State may prohibit 1 or more discharges incidental to the normal operation of a vessel, whether treated or not treated, into the waters. No prohibition shall apply until the Administrator makes the determinations described in subclauses (II) and (III) of subparagraph (B)(i). (ii) Documentation To the extent that a prohibition under this paragraph would apply to vessels of the Armed Forces and not to other types of vessels, the State shall document the technical or environmental basis for the distinction. (B) Prohibition by the Administrator (i) In general Upon application of a State, the Administrator shall by regulation prohibit the discharge from a vessel of 1 or more discharges incidental to the normal operation of a vessel, whether treated or not treated, into the waters covered by the application if the Administrator determines that (I) the protection and enhancement of the quality of the specified waters within the State require a prohibition of the discharge into the waters; (II) adequate facilities for the safe and sanitary removal of the discharge incidental to the normal operation of a vessel are reasonably available for the waters to which the prohibition would apply; and (III) the prohibition will not have the effect of discriminating against a vessel of the Armed Forces by reason of the ownership or operation by the Federal Government, or the military function, of the vessel. (ii) Approval or disapproval The Administrator shall approve or disapprove an application submitted under clause (i) not later than 90 days after the date on which the application is submitted to the Administrator. Notwithstanding clause (i)(II), the Administrator shall not disapprove an application for the sole reason that there are not adequate facilities to remove any discharge incidental to the normal operation of a vessel from vessels of the Armed Forces. (C) Applicability to foreign flagged vessels A prohibition under this paragraph (i) shall not impose any design, construction, manning, or equipment standard on a foreign flagged vessel engaged in innocent passage unless the prohibition implements a generally accepted international rule or standard; and (ii) that relates to the prevention, reduction, and control of pollution shall not apply to a foreign flagged vessel engaged in transit passage unless the prohibition implements an applicable international regulation regarding the discharge of oil, oily waste, or any other noxious substance into the waters. (8) Prohibition relating to vessels of the Armed Forces After the effective date of the regulations promulgated by the Secretary of Defense under paragraph (4), it shall be unlawful for any vessel of the Armed Forces subject to the regulations to (A) operate in the navigable waters of the United States or the waters of the contiguous zone, if the vessel is not equipped with any required marine pollution control device meeting standards established under this subsection; or (B) discharge overboard any discharge incidental to the normal operation of a vessel in waters with respect to which a prohibition on the discharge has been established under paragraph (7). (9) Enforcement This subsection shall be enforceable, as provided in subsections (j) and (k), against any agency of the United States responsible for vessels of the Armed Forces notwithstanding any immunity asserted by the agency. (o) Management practices for recreational vessels (1) Applicability This subsection applies to any discharge, other than a discharge of sewage, from a recreational vessel that is (A) incidental to the normal operation of the vessel; and (B) exempt from permitting requirements under section 1342(r) of this title (2) Determination of discharges subject to management practices (A) Determination (i) In general The Administrator, in consultation with the Secretary of the department in which the Coast Guard is operating, the Secretary of Commerce, and interested States, shall determine the discharges incidental to the normal operation of a recreational vessel for which it is reasonable and practicable to develop management practices to mitigate adverse impacts on the waters of the United States. (ii) Promulgation The Administrator shall promulgate the determinations under clause (i) in accordance with section 553 of title 5 (iii) Management practices The Administrator shall develop management practices for recreational vessels in any case in which the Administrator determines that the use of those practices is reasonable and practicable. (B) Considerations In making a determination under subparagraph (A), the Administrator shall consider (i) the nature of the discharge; (ii) the environmental effects of the discharge; (iii) the practicability of using a management practice; (iv) the effect that the use of a management practice would have on the operation, operational capability, or safety of the vessel; (v) applicable Federal and State law; (vi) applicable international standards; and (vii) the economic costs of the use of the management practice. (C) Timing The Administrator shall (i) make the initial determinations under subparagraph (A) not later than 1 year after July 29, 2008 (ii) every 5 years thereafter (I) review the determinations; and (II) if necessary, revise the determinations based on any new information available to the Administrator. (3) Performance standards for management practices (A) In general For each discharge for which a management practice is developed under paragraph (2), the Administrator, in consultation with the Secretary of the department in which the Coast Guard is operating, the Secretary of Commerce, other interested Federal agencies, and interested States, shall promulgate, in accordance with section 553 of title 5 (B) Considerations In promulgating standards under this paragraph, the Administrator shall take into account the considerations described in paragraph (2)(B). (C) Classes, types, and sizes of vessels The standards promulgated under this paragraph may (i) distinguish among classes, types, and sizes of vessels; (ii) distinguish between new and existing vessels; and (iii) provide for a waiver of the applicability of the standards as necessary or appropriate to a particular class, type, age, or size of vessel. (D) Timing The Administrator shall (i) promulgate standards of performance for a management practice under subparagraph (A) not later than 1 year after the date of a determination under paragraph (2) that the management practice is reasonable and practicable; and (ii) every 5 years thereafter (I) review the standards; and (II) if necessary, revise the standards, in accordance with subparagraph (B) and based on any new information available to the Administrator. (4) Regulations for the use of management practices (A) In general The Secretary of the department in which the Coast Guard is operating shall promulgate such regulations governing the design, construction, installation, and use of management practices for recreational vessels as are necessary to meet the standards of performance promulgated under paragraph (3). (B) Regulations (i) In general The Secretary shall promulgate the regulations under this paragraph as soon as practicable after the Administrator promulgates standards with respect to the practice under paragraph (3), but not later than 1 year after the date on which the Administrator promulgates the standards. (ii) Effective date The regulations promulgated by the Secretary under this paragraph shall be effective upon promulgation unless another effective date is specified in the regulations. (iii) Consideration of time In determining the effective date of a regulation promulgated under this paragraph, the Secretary shall consider the period of time necessary to communicate the existence of the regulation to persons affected by the regulation. (5) Effect of other laws This subsection shall not affect the application of section 1321 of this title (6) Prohibition relating to recreational vessels After the effective date of the regulations promulgated by the Secretary of the department in which the Coast Guard is operating under paragraph (4), the owner or operator of a recreational vessel shall neither operate in nor discharge any discharge incidental to the normal operation of the vessel into, the waters of the United States or the waters of the contiguous zone, if the owner or operator of the vessel is not using any applicable management practice meeting standards established under this subsection. (p) Uniform national standards for discharges incidental to normal operation of vessels (1) Definitions In this subsection: (A) Aquatic nuisance species The term aquatic nuisance species means a nonindigenous species that threatens (i) the diversity or abundance of a native species; (ii) the ecological stability of (I) waters of the United States; or (II) waters of the contiguous zone; or (iii) a commercial, agricultural, aquacultural, or recreational activity that is dependent on (I) waters of the United States; or (II) waters of the contiguous zone. (B) Ballast water (i) In general The term ballast water means any water, suspended matter, and other materials taken onboard a vessel (I) to control or maintain trim, draught, stability, or stresses of the vessel, regardless of the means by which any such water or suspended matter is carried; or (II) during the cleaning, maintenance, or other operation of a ballast tank or ballast water management system of the vessel. (ii) Exclusion The term ballast water does not include any substance that is added to the water described in clause (i) that is directly related to the operation of a properly functioning ballast water management system. (C) Ballast water discharge standard The term ballast water discharge standard means (i) the numerical ballast water discharge standard established by section 151.1511 or 151.2030 of title 33, Code of Federal Regulations (or successor regulations); or (ii) if a standard referred to in clause (i) is superseded by a numerical standard of performance under this subsection, that superseding standard. (D) Ballast water exchange The term ballast water exchange means the replacement of water in a ballast water tank using 1 of the following methods: (i) Flow-through exchange, in which ballast water is flushed out by pumping in midocean water at the bottom of the tank if practicable, and continuously overflowing the tank from the top, until 3 full volumes of water have been changed to minimize the number of original organisms remaining in the tank. (ii) Empty and refill exchange, in which ballast water taken on in ports, estuarine waters, or territorial waters is pumped out until the pump loses suction, after which the ballast tank is refilled with midocean water. (E) Ballast water management system The term ballast water management system means any marine pollution control device (including all ballast water treatment equipment, ballast tanks, pipes, pumps, and all associated control and monitoring equipment) that processes ballast water (i) to kill, render nonviable, or remove organisms; or (ii) to avoid the uptake or discharge of organisms. (F) Best available technology economically achievable The term best available technology economically achievable means (i) best available technology economically achievable (within the meaning of section 1311(b)(2)(A) of this title (ii) best available technology (within the meaning of section 1314(b)(2)(B) of this title (iii) best available technology, as determined in accordance with section 125.3(d)(3) of title 40, Code of Federal Regulations (or successor regulations). (G) Best conventional pollutant control technology The term best conventional pollutant control technology means (i) best conventional pollutant control technology (within the meaning of section 1311(b)(2)(E) of this title (ii) best conventional pollutant control technology (within the meaning of section 1314(b)(4) of this title (iii) best conventional pollutant control technology, as determined in accordance with section 125.3(d)(2) of title 40, Code of Federal Regulations (or successor regulations). (H) Best management practice (i) In general The term best management practice means a schedule of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of (I) the waters of the United States; or (II) the waters of the contiguous zone. (ii) Inclusions The term best management practice includes any treatment requirement, operating procedure, or practice to control (I) vessel runoff; (II) spillage or leaks; (III) sludge or waste disposal; or (IV) drainage from raw material storage. (I) Best practicable control technology currently available The term best practicable control technology currently available means (i) best practicable control technology currently available (within the meaning of section 1311(b)(1)(A) of this title (ii) best practicable control technology currently available (within the meaning of section 1314(b)(1) of this title (iii) best practicable control technology currently available, as determined in accordance with section 125.3(d)(1) of title 40, Code of Federal Regulations (or successor regulations). (J) Captain of the Port Zone The term Captain of the Port Zone means a Captain of the Port Zone established by the Secretary pursuant to sections 92, 93, and 633 1 1 (K) Empty ballast tank The term empty ballast tank means a tank that (i) has previously held ballast water that has been drained to the limit of the functional or operational capabilities of the tank (such as loss of suction); (ii) is recorded as empty on a vessel log; and (iii) contains unpumpable residual ballast water and sediment. (L) Great Lakes Commission The term Great Lakes Commission means the Great Lakes Commission established by article IV A of the Great Lakes Compact 2 2 July 24, 1968 Public Law 90419 82 Stat. 414 (M) Great Lakes State The term Great Lakes State means any of the States of (i) Illinois; (ii) Indiana; (iii) Michigan; (iv) Minnesota; (v) New York; (vi) Ohio; (vii) Pennsylvania; and (viii) Wisconsin. (N) Great Lakes System The term Great Lakes System has the meaning given the term in section 1268(a)(3) of this title (O) Internal waters The term internal waters has the meaning given the term in section 2.24 of title 33, Code of Federal Regulations (or a successor regulation). (P) Marine pollution control device The term marine pollution control device means any equipment or management practice (or combination of equipment and a management practice), for installation or use onboard a vessel, that is (i) designed to receive, retain, treat, control, or discharge a discharge incidental to the normal operation of a vessel; and (ii) determined by the Administrator and the Secretary to be the most effective equipment or management practice (or combination of equipment and a management practice) to reduce the environmental impacts of the discharge, consistent with the factors for consideration described in paragraphs (4) and (5). (Q) Nonindigenous species The term nonindigenous species means an organism of a species that enters an ecosystem beyond the historic range of the species. (R) Organism The term organism includes (i) an animal, including fish and fish eggs and larvae; (ii) a plant; (iii) a pathogen; (iv) a microbe; (v) a virus; (vi) a prokaryote (including any archean or bacterium); (vii) a fungus; and (viii) a protist. (S) Pacific Region (i) In general The term Pacific Region means any Federal or State water (I) adjacent to the State of Alaska, California, Hawaii, Oregon, or Washington; and (II) extending from shore. (ii) Inclusion The term Pacific Region includes the entire exclusive economic zone (as defined in section 2701 of this title (T) Port or place of destination The term port or place of destination means a port or place to which a vessel is bound to anchor or moor. (U) Render nonviable The term render nonviable, with respect to an organism in ballast water, means the action of a ballast water management system that renders the organism permanently incapable of reproduction following treatment. (V) Saltwater flush (i) In general The term saltwater flush means (I) (aa) the addition of as much midocean water into each empty ballast tank of a vessel as is safe for the vessel and crew; and (bb) the mixing of the flushwater with residual ballast water and sediment through the motion of the vessel; and (II) the discharge of that mixed water, such that the resultant residual water remaining in the tank (aa) has the highest salinity possible; and (bb) is at least 30 parts per thousand. (ii) Multiple sequences For purposes of clause (i), a saltwater flush may require more than 1 fill-mix-empty sequence, particularly if only small quantities of water can be safely taken onboard a vessel at 1 time. (W) Secretary The term Secretary means the Secretary of the department in which the Coast Guard is operating. (X) Small Vessel General Permit The term Small Vessel General Permit means the permit that is the subject of the notice of final permit issuance entitled Final National Pollutant Discharge Elimination System (NPDES) Small Vessel General Permit for Discharges Incidental to the Normal Operation of Vessels Less Than 79 Feet (79 Fed. Reg. 53702 ( September 10, 2014 (Y) Small vessel or fishing vessel The term small vessel or fishing vessel means a vessel that is (i) less than 79 feet in length; or (ii) a fishing vessel, fish processing vessel, or fish tender vessel (as those terms are defined in section 2101 of title 46 (Z) Vessel General Permit The term Vessel General Permit means the permit that is the subject of the notice of final permit issuance entitled Final National Pollutant Discharge Elimination System (NPDES) General Permit for Discharges Incidental to the Normal Operation of a Vessel (78 Fed. Reg. 21938 ( April 12, 2013 (2) Applicability (A) In general Except as provided in subparagraph (B), this subsection applies to (i) any discharge incidental to the normal operation of a vessel; and (ii) any discharge incidental to the normal operation of a vessel (such as most graywater) that is commingled with sewage, subject to the conditions that (I) nothing in this subsection prevents a State from regulating sewage discharges; and (II) any such commingled discharge shall comply with all applicable requirements of (aa) this subsection; and (bb) any law applicable to discharges of sewage. (B) Exclusion This subsection does not apply to any discharge incidental to the normal operation of a vessel (i) from (I) a vessel of the Armed Forces subject to subsection (n); (II) a recreational vessel subject to subsection ( o (III) a small vessel or fishing vessel, except that this subsection shall apply to any discharge of ballast water from a small vessel or fishing vessel; or (IV) a floating craft that is permanently moored to a pier, including a floating casino, hotel, restaurant, or bar; (ii) of ballast water from a vessel (I) that continuously takes on and discharges ballast water in a flow-through system, if the Administrator determines that system cannot materially contribute to the spread or introduction of an aquatic nuisance species into waters of the United States; (II) in the National Defense Reserve Fleet that is scheduled for disposal, if the vessel does not have an operable ballast water management system; (III) that discharges ballast water consisting solely of water taken onboard from a public or commercial source that, at the time the water is taken onboard, meets the applicable requirements or permit requirements of the Safe Drinking Water Act ( 42 U.S.C. 300f (IV) that carries all permanent ballast water in sealed tanks that are not subject to discharge; or (V) that only discharges ballast water into a reception facility; or (iii) that results from, or contains material derived from, an activity other than the normal operation of the vessel, such as material resulting from an industrial or manufacturing process onboard the vessel. (3) Continuation in effect of existing requirements (A) Vessel general permit Notwithstanding the expiration date of the Vessel General Permit or any other provision of law, all provisions of the Vessel General Permit shall remain in force and effect, and shall not be modified, until the applicable date described in subparagraph (C). (B) Nonindigenous Aquatic Nuisance Prevention and Control Act regulations Notwithstanding section 903(a)(2)(A) of the Vessel Incidental Discharge Act of 2018, all regulations promulgated by the Secretary pursuant to section 1101 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4711 December 4, 2018 December 4, 2018 (C) Repeal on existence of final, effective, and enforceable requirements Effective beginning on the date on which the requirements promulgated by the Secretary under subparagraphs (A), (B), and (C) of paragraph (5) with respect to every discharge incidental to the normal operation of a vessel that is subject to regulation under this subsection are final, effective, and enforceable, the requirements of the Vessel General Permit and the regulations described in subparagraph (B) shall have no force or effect. (4) National standards of performance for marine pollution control devices and water quality orders (A) Establishment (i) In general Not later than 2 years after December 4, 2018 (ii) Concurrence with Secretary (I) Request The Administrator shall submit to the Secretary a request for written concurrence with respect to a proposed standard of performance under clause (i). (II) Effect of failure to concur A failure by the Secretary to concur with the Administrator under clause (i) by the date that is 60 days after the date on which the Administrator submits a request for concurrence under subclause (I) shall not prevent the Administrator from promulgating the relevant standard of performance in accordance with the deadline under clause (i), subject to the condition that the Administrator shall include in the administrative record of the promulgation (aa) documentation of the request submitted under subclause (I); and (bb) the response of the Administrator to any written objections received from the Secretary relating to the proposed standard of performance during the 60-day period beginning on the date of submission of the request. (iii) Consultation with Governors (I) In general The Administrator, in promulgating a standard of performance under clause (i), shall develop the standard of performance (aa) in consultation with interested Governors; and (bb) in accordance with the deadlines under that clause. (II) Process The Administrator shall develop a process for soliciting input from interested Governors, including information sharing relevant to such process, to allow interested Governors to inform the development of standards of performance under clause (i). (III) Objection by governors (aa) Submission An interested Governor that objects to a proposed standard of performance under clause (i) may submit to the Administrator in writing a detailed objection to the proposed standard of performance, describing the scientific, technical, or operational factors that form the basis of the objection. (bb) Response Before finalizing a standard of performance under clause (i) that is subject to an objection under item (aa) from 1 or more interested Governors, the Administrator shall provide a written response to each interested Governor that submitted an objection under that item that details the scientific, technical, or operational factors that form the basis for that standard of performance. (cc) Judicial review A response of the Administrator under item (bb) shall not be subject to judicial review. (iv) Procedure The Administrator shall promulgate the standards of performance under this subparagraph in accordance with (I) this paragraph; and (II)  section 553 of title 5 (B) Stringency (i) In general Subject to clause (iii), the standards of performance promulgated under this paragraph shall require (I) with respect to conventional pollutants, toxic pollutants, and nonconventional pollutants (including aquatic nuisance species), the application of the best practicable control technology currently available; (II) with respect to conventional pollutants, the application of the best conventional pollutant control technology; and (III) with respect to toxic pollutants and nonconventional pollutants (including aquatic nuisance species), the application of the best available technology economically achievable for categories and classes of vessels, which shall result in reasonable progress toward the national goal of eliminating discharges of all pollutants. (ii) Best management practices The Administrator shall require the use of best management practices to control or abate any discharge incidental to the normal operation of a vessel if (I) numeric standards of performance are infeasible under clause (i); or (II) the best management practices are reasonably necessary (aa) to achieve the standards of performance; or (bb) to carry out the purpose and intent of this subsection. (iii) Minimum requirements Subject to subparagraph (D)(ii)(II), the combination of any equipment or best management practice comprising a marine pollution control device shall not be less stringent than the following provisions of the Vessel General Permit: (I) All requirements contained in parts 2.1 and 2.2 (relating to effluent limits and related requirements), including with respect to waters subject to Federal protection, in whole or in part, for conservation purposes. (II) All requirements contained in part 5 (relating to vessel class-specific requirements) that concern effluent limits and authorized discharges (within the meaning of that part), including with respect to waters subject to Federal protection, in whole or in part, for conservation purposes. (C) Classes, types, and sizes of vessels The standards promulgated under this paragraph may distinguish (i) among classes, types, and sizes of vessels; and (ii) between new vessels and existing vessels. (D) Review and revision (i) In general Not less frequently than once every 5 years, the Administrator, in consultation with the Secretary, shall (I) review the standards of performance in effect under this paragraph; and (II) if appropriate, revise those standards of performance (aa) in accordance with subparagraphs (A) through (C); and (bb) as necessary to establish requirements for any discharge that is subject to regulation under this subsection. (ii) Maintaining protectiveness (I) In general Except as provided in subclause (II), the Administrator shall not revise a standard of performance under this subsection to be less stringent than an applicable existing requirement. (II) Exceptions The Administrator may revise a standard of performance to be less stringent than an applicable existing requirement (aa) if information becomes available that (AA) was not reasonably available when the Administrator promulgated the initial standard of performance or comparable requirement of the Vessel General Permit, as applicable (including the subsequent scarcity or unavailability of materials used to control the relevant discharge); and (BB) would have justified the application of a less-stringent standard of performance at the time of promulgation; or (bb) if the Administrator determines that a material technical mistake or misinterpretation of law occurred when promulgating the existing standard of performance or comparable requirement of the Vessel General Permit, as applicable. (E) Best management practices for aquatic nuisance species emergencies and further protection of water quality (i) In general Notwithstanding any other provision of this subsection, the Administrator, in concurrence with the Secretary (subject to clause (ii)), and in consultation with States, may require, by order, the use of an emergency best management practice for any region or category of vessels in any case in which the Administrator determines that such a best management practice (I) is necessary to reduce the reasonably foreseeable risk of introduction or establishment of an aquatic nuisance species; or (II) will mitigate the adverse effects of a discharge that contributes to a violation of a water quality requirement under section 1313 of this title (ii) Concurrence with Secretary (I) Request The Administrator shall submit to the Secretary a request for written concurrence with respect to an order under clause (i). (II) Effect of failure to concur A failure by the Secretary to concur with the Administrator under clause (i) by the date that is 60 days after the date on which the Administrator submits a request for concurrence under subclause (I) shall not prevent the Administrator from issuing the relevant order, subject to the condition that the Administrator shall include in the administrative record of the issuance (aa) documentation of the request submitted under subclause (I); and (bb) the response of the Administrator to any written objections received from the Secretary relating to the proposed order during the 60-day period beginning on the date of submission of the request. (iii) Duration An order issued by the Administrator under clause (i) shall expire not later than the date that is 4 years after the date of issuance. (iv) Extensions The Administrator may reissue an order under clause (i) for such subsequent periods of not longer than 4 years as the Administrator determines to be appropriate. (5) Implementation, compliance, and enforcement requirements (A) Establishment (i) In general As soon as practicable, but not later than 2 years, after the date on which the Administrator promulgates any new or revised standard of performance under paragraph (4) with respect to a discharge, the Secretary, in consultation with States, shall promulgate the regulations required under this paragraph with respect to that discharge. (ii) Minimum requirements Subject to subparagraph (C)(ii)(II), the regulations promulgated under this paragraph shall not be less stringent with respect to ensuring, monitoring, and enforcing compliance than (I) the requirements contained in part 3 of the Vessel General Permit (relating to corrective actions); (II) the requirements contained in part 4 of the Vessel General Permit (relating to inspections, monitoring, reporting, and recordkeeping), including with respect to waters subject to Federal protection, in whole or in part, for conservation purposes; (III) the requirements contained in part 5 of the Vessel General Permit (relating to vessel class-specific requirements) regarding monitoring, inspection, and educational and training requirements (within the meaning of that part), including with respect to waters subject to Federal protection, in whole or in part, for conservation purposes; and (IV) any comparable, existing requirements promulgated under the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4701 16 U.S.C. 4711 December 4, 2018 (iii) Coordination with States The Secretary, in coordination with the Governors of the States, shall develop, publish, and periodically update inspection, monitoring, data management, and enforcement procedures for the enforcement by States of Federal standards and requirements under this subsection. (iv) Effective date In determining the effective date of a regulation promulgated under this paragraph, the Secretary shall take into consideration the period of time necessary (I) to communicate to affected persons the applicability of the regulation; and (II) for affected persons reasonably to comply with the regulation. (v) Procedure The Secretary shall promulgate the regulations under this subparagraph in accordance with (I) this paragraph; and (II)  section 553 of title 5 (B) Implementation regulations for marine pollution control devices The Secretary shall promulgate such regulations governing the design, construction, testing, approval, installation, and use of marine pollution control devices as are necessary to ensure compliance with the standards of performance promulgated under paragraph (4). (C) Compliance assurance (i) In general The Secretary shall promulgate requirements (including requirements for vessel owners and operators with respect to inspections, monitoring, reporting, sampling, and recordkeeping) to ensure, monitor, and enforce compliance with (I) the standards of performance promulgated by the Administrator under paragraph (4); and (II) the implementation regulations promulgated by the Secretary under subparagraph (B). (ii) Maintaining protectiveness (I) In general Except as provided in subclause (II), the Secretary shall not revise a requirement under this subparagraph or subparagraph (B) to be less stringent with respect to ensuring, monitoring, or enforcing compliance than an applicable existing requirement. (II) Exceptions The Secretary may revise a requirement under this subparagraph or subparagraph (B) to be less stringent than an applicable existing requirement (aa) in accordance with this subparagraph or subparagraph (B), as applicable; (bb) if information becomes available that (AA) the Administrator determines was not reasonably available when the Administrator promulgated the existing requirement of the Vessel General Permit, or that the Secretary determines was not reasonably available when the Secretary promulgated the existing requirement under the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4701 (BB) would have justified the application of a less-stringent requirement at the time of promulgation; or (cc) if the Administrator determines that a material technical mistake or misinterpretation of law occurred when promulgating an existing requirement of the Vessel General Permit, or if the Secretary determines that a material mistake or misinterpretation of law occurred when promulgating an existing requirement under the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4701 (D) Data availability Beginning not later than 1 year after December 4, 2018 (6) Additional provisions regarding ballast water (A) In general In addition to the other applicable requirements of this subsection, the requirements of this paragraph shall apply with respect to any discharge incidental to the normal operation of a vessel that is a discharge of ballast water. (B) Empty ballast tanks (i) Requirements Except as provided in clause (ii), the owner or operator of a vessel with empty ballast tanks bound for a port or place of destination subject to the jurisdiction of the United States shall, prior to arriving at that port or place of destination, conduct a ballast water exchange or saltwater flush (I) not less than 200 nautical miles from any shore for a voyage originating outside the United States or Canadian exclusive economic zone; or (II) not less than 50 nautical miles from any shore for a voyage originating within the United States or Canadian exclusive economic zone. (ii) Exceptions Clause (i) shall not apply (I) if the unpumpable residual waters and sediments of an empty ballast tank were subject to treatment, in compliance with applicable requirements, through a type-approved ballast water management system approved by the Secretary; (II) except as otherwise required under this subsection, if the unpumpable residual waters and sediments of an empty ballast tank were sourced within (aa) the same port or place of destination; or (bb) contiguous portions of a single Captain of the Port Zone; (III) if complying with an applicable requirement of clause (i) (aa) would compromise the safety of the vessel; or (bb) is otherwise prohibited by any Federal, Canadian, or international law (including regulations) pertaining to vessel safety; (IV) if design limitations of the vessel prevent a ballast water exchange or saltwater flush from being conducted in accordance with clause (i); or (V) if the vessel is operating exclusively within the internal waters of the United States or Canada. (C) Period of use of installed ballast water management systems (i) In general Except as provided in clause (ii), a vessel shall be deemed to be in compliance with a standard of performance for a marine pollution control device that is a ballast water management system if the ballast water management system (I) is maintained in proper working condition, as determined by the Secretary; (II) is maintained and used in accordance with manufacturer specifications; (III) continues to meet the ballast water discharge standard applicable to the vessel at the time of installation, as determined by the Secretary; and (IV) has in effect a valid type-approval certificate issued by the Secretary. (ii) Limitation Clause (i) shall cease to apply with respect to any vessel on, as applicable (I) the expiration of the service life, as determined by the Secretary, of (aa) the ballast water management system; or (bb) the vessel; (II) the completion of a major conversion (as defined in section 2101 of title 46 (III) a determination by the Secretary that there are other type-approved systems for the vessel or category of vessels, with respect to the use of which the environmental, health, and economic benefits would exceed the costs. (D) Review of ballast water management system type-approval testing methods (i) Definition of live; living Notwithstanding any other provision of law (including regulations), for purposes of section 151.1511 of title 33, and part 162 of title 46, Code of Federal Regulations (or successor regulations), the terms live and living shall not (I) include an organism that has been rendered nonviable; or (II) preclude the consideration of any method of measuring the concentration of organisms in ballast water that are capable of reproduction. (ii) Draft policy Not later than 180 days after December 4, 2018 (I) render nonviable organisms in ballast water; and (II) may be used in addition to the methods established under subpart 162.060 of title 46, Code of Federal Regulations (or successor regulations) (aa) to measure the concentration of organisms in ballast water that are capable of reproduction; (bb) to certify the performance of each ballast water management system under this subsection; and (cc) to certify laboratories to evaluate applicable treatment technologies. (iii) Public comment The Secretary shall provide a period of not more than 60 days for public comment regarding the draft policy letter published under clause (ii). (iv) Final policy (I) In general Not later than 1 year after December 4, 2018 (II) Method of evaluation The ballast water management systems under subclause (I) shall be evaluated by measuring the concentration of organisms in ballast water that are capable of reproduction based on the best available science that may be used in addition to the methods established under subpart 162.060 of title 46, Code of Federal Regulations (or successor regulations). (III) Revisions The Secretary shall revise the final policy letter under subclause (I) in any case in which the Secretary, in coordination with the Administrator, determines that additional testing methods are capable of measuring the concentration of organisms in ballast water that have not been rendered nonviable. (v) Factors for consideration In developing a policy letter under this subparagraph, the Secretary, in coordination with the Administrator (I) shall take into consideration a testing method that uses organism grow-out and most probable number statistical analysis to determine the concentration of organisms in ballast water that are capable of reproduction; and (II) shall not take into consideration a testing method that relies on a staining method that measures the concentration of (aa) organisms greater than or equal to 10 micrometers; and (bb) organisms less than or equal to 50 micrometers. (E) Intergovernmental response framework (i) In general The Secretary, in consultation with the Administrator and acting in coordination with, or through, the Aquatic Nuisance Species Task Force established by section 1201(a) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4721(a) (ii) Ballast discharge risk response The Administrator, in coordination with the Secretary and taking into consideration information from the National Ballast Information Clearinghouse developed under section 1102(f) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4712(f) (I) identifying and tracking populations of aquatic invasive species; (II) evaluating the risk of any aquatic nuisance species population tracked under subclause (I) establishing and spreading in waters of the United States or waters of the contiguous zone; and (III) establishing emergency best management practices that may be deployed rapidly, in a local or regional manner, to respond to emerging aquatic nuisance species threats. (7) Petitions by Governors for review (A) In general The Governor of a State (or a designee) may submit to the Administrator or the Secretary a petition (i) to issue an order under paragraph (4)(E); or (ii) to review any standard of performance, regulation, or policy promulgated under paragraph (4), (5), or (6), respectively, if there exists new information that could reasonably result in a change to (I) the standard of performance, regulation, or policy; or (II) a determination on which the standard of performance, regulation, or policy was based. (B) Inclusion A petition under subparagraph (A) shall include a description of any applicable scientific or technical information that forms the basis of the petition. (C) Determination (i) Timing The Administrator or the Secretary, as applicable, shall grant or deny (I) a petition under subparagraph (A)(i) by not later than the date that is 180 days after the date on which the petition is submitted; and (II) a petition under subparagraph (A)(ii) by not later than the date that is 1 year after the date on which the petition is submitted. (ii) Effect of grant If the Administrator or the Secretary determines under clause (i) to grant a petition (I) in the case of a petition under subparagraph (A)(i), the Administrator shall immediately issue the relevant order under paragraph (4)(E); or (II) in the case of a petition under subparagraph (A)(ii), the Administrator or Secretary shall publish in the Federal Register, by not later than 30 days after the date of that determination, a notice of proposed rulemaking to revise the relevant standard, requirement, regulation, or policy under paragraph (4), (5), or (6), as applicable. (iii) Notice of denial If the Administrator or the Secretary determines under clause (i) to deny a petition, the Administrator or Secretary shall publish in the Federal Register, by not later than 30 days after the date of that determination, a detailed explanation of the scientific, technical, or operational factors that form the basis of the determination. (iv) Review A determination by the Administrator or the Secretary under clause (i) to deny a petition shall be (I) considered to be a final agency action; and (II) subject to judicial review in accordance with section 1369 of this title (v) Exceptions (I) Venue Notwithstanding section 1369(b) of this title (II) Deadline for filing Notwithstanding section 1369(b) of this title (8) Prohibition (A) In general It shall be unlawful for any person to violate (i) a provision of the Vessel General Permit in force and effect under paragraph (3)(A); (ii) a regulation promulgated pursuant to section 1101 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4711 December 4, 2018 (iii) an applicable requirement or regulation under this subsection. (B) Compliance with regulations Effective beginning on the effective date of a regulation promulgated under paragraph (4), (5), (6), or (10), as applicable, it shall be unlawful for the owner or operator of a vessel subject to the regulation (i) to discharge any discharge incidental to the normal operation of the vessel into waters of the United States or waters of the contiguous zone, except in compliance with the regulation; or (ii) to operate in waters of the United States or waters of the contiguous zone, if the vessel is not equipped with a required marine pollution control device that complies with the requirements established under this subsection, unless (I) the owner or operator of the vessel denotes in an entry in the official logbook of the vessel that the equipment was not operational; and (II) either (aa) the applicable discharge was avoided; or (bb) an alternate compliance option approved by the Secretary as meeting the applicable standard was employed. (C) Affirmative defense No person shall be found to be in violation of this paragraph if (i) the violation was in the interest of ensuring the safety of life at sea, as determined by the Secretary; and (ii) the applicable emergency circumstance was not the result of negligence or malfeasance on the part of (I) the owner or operator of the vessel; (II) the master of the vessel; or (III) the person in charge of the vessel. (D) Treatment Each day of continuing violation of an applicable requirement of this subsection shall constitute a separate offense. (E) In rem liability A vessel operated in violation of this subsection is liable in rem for any civil penalty assessed for the violation. (F) Revocation of clearance The Secretary shall withhold or revoke the clearance of a vessel required under section 60105 of title 46 (9) Effect on other laws (A) State authority (i) In general Except as provided in clauses (ii) through (v) and paragraph (10), effective beginning on the date on which the requirements promulgated by the Secretary under subparagraphs (A), (B), and (C) of paragraph (5) with respect to every discharge incidental to the normal operation of a vessel that is subject to regulation under this subsection are final, effective, and enforceable, no State, political subdivision of a State, or interstate agency may adopt or enforce any law, regulation, or other requirement of the State, political subdivision, or interstate agency with respect to any such discharge. (ii) Identical or lesser State laws Clause (i) shall not apply to any law, regulation, or other requirement of a State, political subdivision of a State, or interstate agency in effect on or after December 4, 2018 (I) that is identical to a Federal requirement under this subsection applicable to the relevant discharge; or (II) compliance with which would be achieved concurrently in achieving compliance with a Federal requirement under this subsection applicable to the relevant discharge. (iii) State enforcement of Federal requirements A State may enforce any standard of performance or other Federal requirement of this subsection in accordance with subsection (k) or other applicable Federal authority. (iv) Exception for certain fees (I) In general Subject to subclauses (II) and (III), a State that assesses any fee pursuant to any State or Federal law relating to the regulation of a discharge incidental to the normal operation of a vessel before December 4, 2018 (II) Maximum amount (aa) In general Except as provided in item (bb), a State may assess a fee for activities under this clause equal to not more than $1,000 against the owner or operator of a vessel that (AA) has operated outside of that State; and (BB) arrives at a port or place of destination in the State (excluding movement entirely within a single port or place of destination). (bb) Vessels engaged in coastwise trade A State may assess against the owner or operator of a vessel registered in accordance with applicable Federal law and lawfully engaged in the coastwise trade not more than $5,000 in fees under this clause per vessel during a calendar year. (III) Adjustment for inflation (aa) In general A State may adjust the amount of a fee authorized under this clause not more frequently than once every 5 years to reflect the percentage by which the Consumer Price Index for All Urban Consumers published by the Department of Labor for the month of October immediately preceding the date of adjustment exceeds the Consumer Price Index for All Urban Consumers published by the Department of Labor for the month of October that immediately precedes the date that is 5 years before the date of adjustment. (bb) Effect of subclause Nothing in this subclause prevents a State from adjusting a fee in effect before December 4, 2018 (cc) Applicability This subclause applies only to increases in fees to amounts greater than the applicable maximum amount under subclause (II). (v) Alaska graywater Clause (i) shall not apply with respect to any discharge of graywater (as defined in section 1414 of the Consolidated Appropriations Act, 2001 ( Public Law 106554 114 Stat. 2763 section 2101 of title 46 (vi) Preservation of authority Nothing in this subsection preempts any State law, public initiative, referendum, regulation, requirement, or other State action, except as expressly provided in this subsection. (B) Established regimes Except as expressly provided in this subsection, nothing in this subsection affects the applicability to a vessel of any other provision of Federal law, including (i) this section; (ii)  section 1321 of this title (iii) the Act to Prevent Pollution from Ships ( 33 U.S.C. 1901 (iv) title X of the Coast Guard Authorization Act of 2010 ( 33 U.S.C. 3801 (C) Permitting Effective beginning on December 4, 2018 (i) the Small Vessel General Permit is repealed; and (ii) the Administrator, or a State in the case of a permit program approved under section 1342 of this title (I) any discharge that is subject to regulation under this subsection; (II) any discharge incidental to the normal operation of a vessel from a small vessel or fishing vessel, regardless of whether that discharge is subject to regulation under this subsection; or (III) any discharge described in paragraph (2)(B)(ii). (D) No effect on civil or criminal actions Nothing in this subsection, or any standard, regulation, or requirement established under this subsection, modifies or otherwise affects, preempts, or displaces (i) any cause of action; or (ii) any provision of Federal or State law establishing a remedy for civil relief or criminal penalty. (E) No effect on certain secretarial authority Nothing in this subsection affects the authority of the Secretary of Commerce or the Secretary of the Interior to administer any land or waters under the administrative control of the Secretary of Commerce or the Secretary of the Interior, respectively. (F) No limitation on State inspection authority Nothing in this subsection limits the authority of a State to inspect a vessel pursuant to paragraph (5)(A)(iii) in order to monitor compliance with an applicable requirement of this section. (10) Additional regional requirements (A) Minimum Great Lakes System requirements (i) In general Except as provided in clause (ii), the owner or operator of a vessel entering the St. Lawrence Seaway through the mouth of the St. Lawrence River shall conduct a complete ballast water exchange or saltwater flush (I) not less than 200 nautical miles from any shore for a voyage originating outside the United States or Canadian exclusive economic zone; or (II) not less than 50 nautical miles from any shore for a voyage originating within the United States or Canadian exclusive economic zone. (ii) Exceptions Clause (i) shall not apply to a vessel if (I) complying with an applicable requirement of clause (i) (aa) would compromise the safety of the vessel; or (bb) is otherwise prohibited by any Federal, Canadian, or international law (including regulations) pertaining to vessel safety; (II) design limitations of the vessel prevent a ballast water exchange from being conducted in accordance with an applicable requirement of clause (i); (III) the vessel (aa) is certified by the Secretary as having no residual ballast water or sediments onboard; or (bb) retains all ballast water while in waters subject to the requirement; or (IV) empty ballast tanks on the vessel are sealed and certified by the Secretary in a manner that ensures that (aa) no discharge or uptake occurs; and (bb) any subsequent discharge of ballast water is subject to the requirement. (B) Enhanced Great Lakes System requirements (i) Petitions by Governors for proposed enhanced standards and requirements (I) In general The Governor of a Great Lakes State (or a State employee designee) may submit a petition in accordance with subclause (II) to propose that other Governors of Great Lakes States endorse an enhanced standard of performance or other requirement with respect to any discharge that (aa) is subject to regulation under this subsection; and (bb) occurs within the Great Lakes System. (II) Submission A Governor shall submit a petition under subclause (I), in writing, to (aa) the Executive Director of the Great Lakes Commission, in such manner as may be prescribed by the Great Lakes Commission; (bb) the Governor of each other Great Lakes State; and (cc) the Director of the Great Lakes National Program Office established by section 1268(b) of this title (III) Preliminary assessment by Great Lakes Commission (aa) In general After the date of receipt of a petition under subclause (II)(aa), the Great Lakes Commission (acting through the Great Lakes Panel on Aquatic Nuisance Species, to the maximum extent practicable) may develop a preliminary assessment regarding each enhanced standard of performance or other requirement described in the petition. (bb) Provisions The preliminary assessment developed by the Great Lakes Commission under item (aa) (AA) may be developed in consultation with relevant experts and stakeholders; (BB) may be narrative in nature; (CC) may include the preliminary views, if any, of the Great Lakes Commission on the propriety of the proposed enhanced standard of performance or other requirement; (DD) shall be submitted, in writing, to the Governor of each Great Lakes State and the Director of the Great Lakes National Program Office and published on the internet website of the Great Lakes National Program Office; and (EE) except as provided in clause (iii), shall not be taken into consideration, or provide a basis for review, by the Administrator or the Secretary for purposes of that clause. (ii) Proposed enhanced standards and requirements (I) Publication in Federal Register (aa) Request by Governor Not earlier than the date that is 90 days after the date on which the Executive Director of the Great Lakes Commission receives from a Governor of a Great Lakes State a petition under clause (i)(II)(aa), the Governor may request the Director of the Great Lakes National Program Office to publish, for a period requested by the Governor of not less than 30 days, and the Director shall so publish, in the Federal Register for public comment (AA) a copy of the petition; and (BB) if applicable as of the date of publication, any preliminary assessment of the Great Lakes Commission developed under clause (i)(III) relating to the petition. (bb) Review of public comments On receipt of a written request of a Governor of a Great Lakes State, the Director of the Great Lakes National Program Office shall make available all public comments received in response to the notice under item (aa). (cc) No response required Notwithstanding any other provision of law, a Governor of a Great Lakes State or the Director of the Great Lakes National Program Office shall not be required to provide a response to any comment received in response to the publication of a petition or preliminary assessment under item (aa). (dd) Purpose Any public comments received in response to the publication of a petition or preliminary assessment under item (aa) shall be used solely for the purpose of providing information and feedback to the Governor of each Great Lakes State regarding the decision to endorse the proposed standard or requirement. (ee) Effect of petition A proposed standard or requirement developed under subclause (II) may differ from the proposed standard or requirement described in a petition published under item (aa). (II) Coordination to develop proposed standard or requirement After the expiration of the public comment period for the petition under subclause (I), any interested Governor of a Great Lakes State may work in coordination with the Great Lakes Commission to develop a proposed standard of performance or other requirement applicable to a discharge referred to in the petition. (III) Requirements A proposed standard of performance or other requirement under subclause (II) (aa) shall be developed (AA) in consultation with representatives from the Federal and provincial governments of Canada; (BB) after notice and opportunity for public comment on the petition published under subclause (I); and (CC) taking into consideration the preliminary assessment, if any, of the Great Lakes Commission under clause (i)(III); (bb) shall be specifically endorsed in writing by (AA) the Governor of each Great Lakes State, if the proposed standard or requirement would impose any additional equipment requirement on a vessel; or (BB) not fewer than 5 Governors of Great Lakes States, if the proposed standard or requirement would not impose any additional equipment requirement on a vessel; and (cc) in the case of a proposed requirement to prohibit 1 or more types of discharge regulated under this subsection, whether treated or not treated, into waters within the Great Lakes System, shall not apply outside the waters of the Great Lakes States of the Governors endorsing the proposed requirement under item (bb). (iii) Promulgation by Administrator and Secretary (I) Submission (aa) In general The Governors endorsing a proposed standard or requirement under clause (ii)(III)(bb) may jointly submit to the Administrator and the Secretary for approval each proposed standard of performance or other requirement developed and endorsed pursuant to clause (ii). (bb) Inclusion Each submission under item (aa) shall include an explanation regarding why the applicable standard of performance or other requirement is (AA) at least as stringent as a comparable standard of performance or other requirement under this subsection; (BB) in accordance with maritime safety; and (CC) in accordance with applicable maritime and navigation laws and regulations. (cc) Withdrawal (AA) In general The Governor of any Great Lakes State that endorses a proposed standard or requirement under clause (ii)(III)(bb) may withdraw the endorsement by not later than the date that is 90 days after the date on which the Administrator and the Secretary receive the proposed standard or requirement. (BB) Effect on Federal review If, after the withdrawal of an endorsement under subitem (AA), the proposed standard or requirement does not have the applicable number of endorsements under clause (ii)(III)(bb), the Administrator and the Secretary shall terminate the review under this clause. (dd) Dissenting opinions The Governor of a Great Lakes State that does not endorse a proposed standard or requirement under clause (ii)(III)(bb) may submit to the Administrator and the Secretary any dissenting opinions of the Governor. (II) Joint notice On receipt of a proposed standard of performance or other requirement under subclause (I), the Administrator and the Secretary shall publish in the Federal Register a joint notice that, at minimum (aa) states that the proposed standard or requirement is publicly available; and (bb) provides an opportunity for public comment regarding the proposed standard or requirement during the 90-day period beginning on the date of receipt by the Administrator and the Secretary of the proposed standard or requirement. (III) Review (aa) In general As soon as practicable after the date of publication of a joint notice under subclause (II) (AA) the Administrator shall commence a review of each proposed standard of performance or other requirement covered by the notice to determine whether that standard or requirement is at least as stringent as comparable standards and requirements under this subsection; and (BB) the Secretary shall commence a review of each proposed standard of performance or other requirement covered by the notice to determine whether that standard or requirement is in accordance with maritime safety and applicable maritime and navigation laws and regulations. (bb) Consultation In carrying out item (aa), the Administrator and the Secretary (AA) shall consult with the Governor of each Great Lakes State and representatives from the Federal and provincial governments of Canada; (BB) shall take into consideration any relevant data or public comments received under subclause (II)(bb); and (CC) shall not take into consideration any preliminary assessment by the Great Lakes Commission under clause (i)(III), or any dissenting opinion under subclause (I)(dd), except to the extent that such an assessment or opinion is relevant to the criteria for the applicable determination under item (aa). (IV) Approval or disapproval Not later than 180 days after the date of receipt of each proposed standard of performance or other requirement under subclause (I), the Administrator and the Secretary shall (aa) determine, as applicable, whether each proposed standard or other requirement satisfies the criteria under subclause (III)(aa); (bb) approve each proposed standard or other requirement, unless the Administrator or the Secretary, as applicable, determines under item (aa) that the proposed standard or other requirement does not satisfy the criteria under subclause (III)(aa); and (cc) submit to the Governor of each Great Lakes State, and publish in the Federal Register, a notice of the determination under item (aa). (V) Action on disapproval (aa) Rationale and recommendations If the Administrator and the Secretary disapprove a proposed standard of performance or other requirement under subclause (IV)(bb), the notices under subclause (IV)(cc) shall include (AA) a description of the reasons why the standard or requirement is, as applicable, less stringent than a comparable standard or requirement under this subsection, inconsistent with maritime safety, or inconsistent with applicable maritime and navigation laws and regulations; and (BB) any recommendations regarding changes the Governors of the Great Lakes States could make to conform the disapproved portion of the standard or requirement to the requirements of this subparagraph. (bb) Review Disapproval of a proposed standard or requirement by the Administrator and the Secretary under this subparagraph shall be considered to be a final agency action subject to judicial review under section 1369 of this title (VI) Action on approval On approval by the Administrator and the Secretary of a proposed standard of performance or other requirement under subclause (IV)(bb) (aa) the Administrator shall establish, by regulation, the proposed standard or requirement within the Great Lakes System in lieu of any comparable standard or other requirement promulgated under paragraph (4); and (bb) the Secretary shall establish, by regulation, any requirements necessary to implement, ensure compliance with, and enforce the standard or requirement under item (aa), or to apply the proposed requirement, within the Great Lakes System in lieu of any comparable requirement promulgated under paragraph (5). (VII) No judicial review for certain actions An action or inaction of a Governor of a Great Lakes State or the Great Lakes Commission under this subparagraph shall not be subject to judicial review. (VIII) Great Lakes Compact Nothing in this subsection limits, alters, or amends the Great Lakes Compact 2 July 24, 1968 Public Law 90419 82 Stat. 414 (IX) Authorization of appropriations There is authorized to be appropriated to the Great Lakes Commission $5,000,000, to be available until expended. (C) Minimum Pacific Region requirements (i) Definition of commercial vessel In this subparagraph, the term commercial vessel means a vessel operating between (I) 2 ports or places of destination within the Pacific Region; or (II) a port or place of destination within the Pacific Region and a port or place of destination on the Pacific Coast of Canada or Mexico north of parallel 20 degrees north latitude, inclusive of the Gulf of California. (ii) Ballast water exchange (I) In general Except as provided in subclause (II) and clause (iv), the owner or operator of a commercial vessel shall conduct a complete ballast water exchange in waters more than 50 nautical miles from shore. (II) Exemptions Subclause (I) shall not apply to a commercial vessel (aa) using, in compliance with applicable requirements, a type-approved ballast water management system approved by the Secretary; or (bb) voyaging (AA) between or to a port or place of destination in the State of Washington, if the ballast water to be discharged from the commercial vessel originated solely from waters located between the parallel 46 degrees north latitude, including the internal waters of the Columbia River, and the internal waters of Canada south of parallel 50 degrees north latitude, including the waters of the Strait of Georgia and the Strait of Juan de Fuca; (BB) between ports or places of destination in the State of Oregon, if the ballast water to be discharged from the commercial vessel originated solely from waters located between the parallel 40 degrees north latitude and the parallel 50 degrees north latitude; (CC) between ports or places of destination in the State of California within the San Francisco Bay area east of the Golden Gate Bridge, including the Port of Stockton and the Port of Sacramento, if the ballast water to be discharged from the commercial vessel originated solely from ports or places within that area; (DD) between the Port of Los Angeles, the Port of Long Beach, and the El Segundo offshore marine oil terminal, if the ballast water to be discharged from the commercial vessel originated solely from the Port of Los Angeles, the Port of Long Beach, or the El Segundo offshore marine oil terminal; (EE) between a port or place of destination in the State of Alaska within a single Captain of the Port Zone; (FF) between ports or places of destination in different counties of the State of Hawaii, if the vessel may conduct a complete ballast water exchange in waters that are more than 10 nautical miles from shore and at least 200 meters deep; or (GG) between ports or places of destination within the same county of the State of Hawaii, if the vessel does not transit outside State marine waters during the voyage. (iii) Low-salinity ballast water (I) In general Except as provided in subclause (II) and clause (iv), the owner or operator of a commercial vessel that transports ballast water sourced from waters with a measured salinity of less than 18 parts per thousand and voyages to a Pacific Region port or place of destination with a measured salinity of less than 18 parts per thousand shall conduct a complete ballast water exchange (aa) not less than 50 nautical miles from shore, if the ballast water was sourced from a Pacific Region port or place of destination; or (bb) more than 200 nautical miles from shore, if the ballast water was not sourced from a Pacific Region port or place of destination. (II) Exception Subclause (I) shall not apply to a commercial vessel voyaging to a port or place of destination in the Pacific Region that is using, in compliance with applicable requirements, a type-approved ballast water management system approved by the Secretary to achieve standards of performance of (aa) less than 1 organism per 10 cubic meters, if that organism (AA) is living, or has not been rendered nonviable; and (BB) is 50 or more micrometers in minimum dimension; (bb) less than 1 organism per 10 milliliters, if that organism (AA) is living, or has not been rendered nonviable; and (BB) is more than 10, but less than 50, micrometers in minimum dimension; (cc) concentrations of indicator microbes that are less than (AA) 1 colony-forming unit of toxicogenic Vibrio cholera (serotypes O1 and O139) per 100 milliliters or less than 1 colony-forming unit of that microbe per gram of wet weight of zoological samples; (BB) 126 colony-forming units of escherichia coli per 100 milliliters; and (CC) 33 colony-forming units of intestinal enterococci per 100 milliliters; and (dd) concentrations of such additional indicator microbes and viruses as may be specified in the standards of performance established by the Administrator under paragraph (4). (iv) General exceptions The requirements of clauses (ii) and (iii) shall not apply to a commercial vessel if (I) complying with the requirement would compromise the safety of the commercial vessel; (II) design limitations of the commercial vessel prevent a ballast water exchange from being conducted in accordance with clause (ii) or (iii), as applicable; (III) the commercial vessel (aa) is certified by the Secretary as having no residual ballast water or sediments onboard; or (bb) retains all ballast water while in waters subject to those requirements; or (IV) empty ballast tanks on the commercial vessel are sealed and certified by the Secretary in a manner that ensures that (aa) no discharge or uptake occurs; and (bb) any subsequent discharge of ballast water is subject to those requirements. (D) Establishment of State no-discharge zones (i) State prohibition Subject to clause (ii), after the effective date of regulations promulgated by the Secretary under paragraph (5), if any State determines that the protection and enhancement of the quality of some or all of the waters within the State require greater environmental protection, the State may prohibit 1 or more types of discharge regulated under this subsection, whether treated or not treated, into such waters. (ii) Applicability A prohibition by a State under clause (i) shall not apply until the date on which the Administrator makes the applicable determinations described in clause (iii). (iii) Prohibition by Administrator (I) Determination On application of a State, the Administrator, in concurrence with the Secretary (subject to subclause (II)), shall, by regulation, prohibit the discharge from a vessel of 1 or more discharges subject to regulation under this subsection, whether treated or not treated, into the waters covered by the application if the Administrator determines that (aa) prohibition of the discharge would protect and enhance the quality of the specified waters within the State; (bb) adequate facilities for the safe and sanitary removal and treatment of the discharge are reasonably available for the water and all vessels to which the prohibition would apply; (cc) the discharge can be safely collected and stored until a vessel reaches a discharge facility or other location; and (dd) in the case of an application for the prohibition of discharges of ballast water in a port (or in any other location where cargo, passengers, or fuel are loaded and unloaded) (AA) the adequate facilities described in item (bb) are reasonably available for commercial vessels, after considering, at a minimum, water depth, dock size, pumpout facility capacity and flow rate, availability of year-round operations, proximity to navigation routes, and the ratio of pumpout facilities to the population and discharge capacity of commercial vessels operating in those waters; and (BB) the prohibition will not unreasonably interfere with the safe loading and unloading of cargo, passengers, or fuel. (II) Concurrence with Secretary (aa) Request The Administrator shall submit to the Secretary a request for written concurrence with respect to a prohibition under subclause (I). (bb) Effect of failure to concur A failure by the Secretary to concur with the Administrator under subclause (I) by the date that is 60 days after the date on which the Administrator submits a request for concurrence under item (aa) shall not prevent the Administrator from prohibiting the relevant discharge in accordance with subclause (III), subject to the condition that the Administrator shall include in the administrative record of the promulgation (AA) documentation of the request submitted under item (aa); and (BB) the response of the Administrator to any written objections received from the Secretary relating to the proposed standard of performance during the 60-day period beginning on the date of submission of the request. (III) Timing The Administrator shall approve or disapprove an application submitted under subclause (I) by not later than 90 days after the date on which the application is submitted to the Administrator. (E) Maintenance in effect of more-stringent standards In any case in which a requirement established under this paragraph is more stringent or environmentally protective than a comparable requirement established under paragraph (4), (5), or (6), the more-stringent or more-protective requirement shall control. ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 871 Pub. L. 95217,  59 Dec. 27, 1977 91 Stat. 1596 Pub. L. 9688, title V,  509(b) Oct. 17, 1979 93 Stat. 695 Pub. L. 1004, title III,  311 Feb. 4, 1987 101 Stat. 42 Pub. L. 104106, div. A, title III,  325(b) Feb. 10, 1996 110 Stat. 254259 Pub. L. 110288,  4 July 29, 2008 122 Stat. 2650 Pub. L. 115282, title IX,  903(a)(1) Dec. 4, 2018 132 Stat. 4324  Editorial Notes  References in Text For definition of Canal Zone, referred to in subsecs. (a)(4) and (m), see section 3602(b) of Title 22 Sections 92, 93, and 633 of title 14, referred to in subsec. (p)(1)(J), were redesignated sections 501, 504, and 503, respectively, of title 14 by Pub. L. 115282, title I,  105(b) Dec. 4, 2018 132 Stat. 4200 section 123(b)(1) of Pub. L. 115282 Pub. L. 115282 section 101 of Title 14 The Act of July 24, 1968 Pub. L. 90419 July 24, 1968 82 Stat. 414 The Safe Drinking Water Act, referred to in subsec. (p)(2)(B)(ii)(III), is title XIV of act July 1, 1944 Dec. 16, 1974 Pub. L. 93523,  2(a) 88 Stat. 1660 section 201 of Title 42 Section 903(a)(2)(A) of the Vessel Incidental Discharge Act of 2018, referred to in subsec. (p)(3)(B), is section 903(a)(2)(A) of title IX of Pub. L. 115282 Dec. 4, 2018 132 Stat. 4354 section 4711 of Title 16 section 1342 of this title The Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990, referred to in subsec. (p)(3)(B), (5)(A)(ii)(IV), (C)(ii)(II)(bb)(AA), (cc), is title I of Pub. L. 101646 Nov. 29, 1990 104 Stat. 4761 December 4, 2018 section 4711 of Title 16 Pub. L. 115282, title IX,  903(a)(2)(A)(i) Dec. 4, 2018 132 Stat. 4354 section 4701 of Title 16 Section 1414 of the Consolidated Appropriations Act, 2001 ( Public Law 106554 114 Stat. 2763 section 1(a)(4) of Pub. L. 106554 Dec. 21, 2000 114 Stat. 2763 section 1901 of this title The Act to Prevent Pollution from Ships, referred to in subsec. (p)(9)(B)(iii), is Pub. L. 96478 Oct. 21, 1980 94 Stat. 2297 section 1901 of this title The Coast Guard Authorization Act of 2010, referred to in subsec. (p)(9)(B)(iv), is Pub. L. 111281 Oct. 15, 2010 124 Stat. 2905 Amendments 2018 Pub. L. 115282,  903(b)(1) Subsec. (a). Pub. L. 115282,  903(b)(1) Subsec. (a)(7). Pub. L. 115282,  903(b)(2)(A) Subsec. (a)(13). Pub. L. 115282,  903(b)(2)(B) Subsec. (g)(1). Pub. L. 115282,  903(b)(3)(A) Subsec. (g)(2). Pub. L. 115282,  903(b)(3)(A) Subsec. (h). Pub. L. 115282,  903(b)(4)(D) Subsec. (h)(1). Pub. L. 115282,  903(b)(4)(C) Pub. L. 115282,  903(b)(4)(A) Subsec. (h)(2). Pub. L. 115282,  903(b)(4)(E) Pub. L. 115282,  903(b)(4)(B) Subsec. (h)(3), (4). Pub. L. 115282,  903(b)(4)(C) Subsec. (k). Pub. L. 115282,  903(c) Subsec. (p). Pub. L. 115282,  903(a)(1) 2008Subsec. ( o Pub. L. 110288 o 1996Subsec. (a)(8). Pub. L. 104106,  325(c)(1)(A) Subsec. (a)(12) to (14). Pub. L. 104106,  325(c)(1)(B) Subsec. (j). Pub. L. 104106,  325(c)(2) Subsec. (n). Pub. L. 104106,  325(b) 1987Subsec. (f)(1). Pub. L. 1004,  311(a) Subsec. (k). Pub. L. 1004,  311(b) 1977Subsec. (a)(6). Pub. L. 95217,  59(a) Subsec. (a)(10), (11). Pub. L. 95217,  59(b) Subsec. (b)(1). Pub. L. 95217,  59(c) Subsec. (c)(1). Pub. L. 95217,  59(d) Subsec. (f)(4). Pub. L. 95217,  59(e) Statutory Notes and Related Subsidiaries  Change of Name Secretary of Health and Human Services substituted for Secretary of Health, Education, and Welfare in subsec. (e) pursuant to section 509(b) of Pub. L. 9688 section 3508(b) of Title 20  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 section 542 of Title 6  Termination of United States District Court for the District of the Canal Zone For termination of the United States District Court for the District of the Canal Zone at end of the transition period, being the 30-month period beginning Oct. 1, 1979 Mar. 31, 1982 Pub. L. 9670, title II Sept. 27, 1979 93 Stat. 493 Purposes of 2018 Amendment; Findings Pub. L. 115282, title IX,  902 Dec. 4, 2018 132 Stat. 4322  (a)  Purposes The purposes of this title [see Short Title of 2018 Amendment note set out under section 1251 of this title (1) to provide for the establishment of uniform, environmentally sound standards and requirements for the management of discharges incidental to the normal operation of a vessel; (2) to charge the Environmental Protection Agency with primary responsibility for establishing standards relating to the discharge of pollutants from vessels; (3) to charge the Coast Guard with primary responsibility for prescribing, administering, and enforcing regulations, consistent with the discharge standards established by the Environmental Protection Agency, for the design, construction, installation, and operation of the equipment and management practices required onboard vessels; and (4) to preserve the flexibility of States, political subdivisions, and certain regions with respect to the administration and enforcement of standards relating to the discharge of pollutants from vessels engaged in maritime commerce and transportation. (b)  Findings Congress finds that (1) the Environmental Protection Agency is the principal Federal authority charged under the Federal Water Pollution Control Act ( 33 U.S.C. 1251 (2) the Coast Guard is the principal Federal authority charged with administering, enforcing, and prescribing regulations relating to the discharge of pollutants from vessels; and (3) during the period of 1973 to 2010 (A) the Environmental Protection Agency promulgated regulations exempting certain discharges incidental to the normal operation of vessels from otherwise applicable permitting requirements of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 (B) Congress enacted laws on numerous occasions governing the regulation of discharges incidental to the normal operation of vessels, including (i) the Act to Prevent Pollution from Ships ( 33 U.S.C. 1901 (ii) the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4701 (iii) the National Invasive Species Act of 1996 ( 16 U.S.C. 4701 Public Law 104332 section 4701 of this title (iv) section 415 of the Coast Guard Authorization Act of 1998 ( Public Law 105383 112 Stat. 3434 33 U.S.C. 1901 Public Law 108293 (v) title XIV of division B of Appendix D of the Consolidated Appropriations Act, 2001 ( Public Law 106554 114 Stat. 2763 33 U.S.C. 1901 (vi) section 204 of the Maritime Transportation Security Act of 2002 ([former] 33 U.S.C. 1902a (vii) title X of the Coast Guard Authorization Act of 2010 ( 33 U.S.C. 3801 Purpose of 1996 Amendment Pub. L. 104106, div. A, title III,  325(a) Feb. 10, 1996 110 Stat. 254  The purposes of this section [amending this section and section 1362 of this title (1) enhance the operational flexibility of vessels of the Armed Forces domestically and internationally; (2) stimulate the development of innovative vessel pollution control technology; and (3) advance the development by the United States Navy of environmentally sound ships. Cooperation in National Discharge Standards Development Pub. L. 104106, div. A, title III,  325(d) Feb. 10, 1996 110 Stat. 259  The Administrator of the Environmental Protection Agency and the Secretary of Defense may, by mutual agreement, with or without reimbursement, provide for the use of information, reports, personnel, or other resources of the Environmental Protection Agency or the Department of Defense to carry out section 312(n) of the Federal Water Pollution Control Act [ 33 U.S.C. 1322(n) (1) to determine (A) the nature and environmental effect of discharges incidental to the normal operation of a vessel of the Armed Forces; (B) the practicability of using marine pollution control devices on vessels of the Armed Forces; and (C) the effect that installation or use of marine pollution control devices on vessels of the Armed Forces would have on the operation or operational capability of the vessels; and (2) to establish performance standards for marine pollution control devices on vessels of the Armed Forces. Clean Vessels Pub. L. 102587, title V Nov. 4, 1992 106 Stat. 5086 Pub. L. 10959, title X,  10131 Aug. 10, 2005 119 Stat. 1931  SEC. 5601. SHORT TITLE. This subtitle may be cited as the Clean Vessel Act of 1992. SEC. 5602. FINDINGS; PURPOSE. (a)  Findings The Congress finds the following: (1) The discharge of untreated sewage by vessels is prohibited under Federal law in all areas within the navigable waters of the United States. (2) The discharge of treated sewage by vessels is prohibited under either Federal or State law in many of the United States bodies of water where recreational boaters operate. (3) There is currently an inadequate number of pumpout stations for type III marine sanitation devices where recreational vessels normally operate. (4) Sewage discharged by recreational vessels because of an inadequate number of pumpout stations is a substantial contributor to localized degradation of water quality in the United States. (b)  Purpose The purpose of this subtitle is to provide funds to States for the construction, renovation, operation, and maintenance of pumpout stations and waste reception facilities. SEC. 5603. DETERMINATION AND PLAN REGARDING STATE MARINE SANITATION DEVICE PUMPOUT STATION NEEDS. (a)  Survey Within 3 months after the notification under section 5605(b), each coastal State shall conduct a survey to determine (1) the number and location of all operational pumpout stations and waste reception facilities at public and private marinas, mooring areas, docks, and other boating access facilities within the coastal zone of the State; and (2) the number of recreational vessels in the coastal waters of the State with type III marine sanitation devices or portable toilets, and the areas of those coastal waters where those vessels congregate. (b)  Plan Within 6 months after the notification under section 5605(b), and based on the survey conducted under subsection (a), each coastal State shall (1) develop and submit to the Secretary of the Interior a plan for any construction or renovation of pumpout stations and waste reception facilities that are necessary to ensure that, based on the guidance issued under section 5605(a), there are pumpout stations and waste reception facilities in the State that are adequate and reasonably available to meet the needs of recreational vessels using the coastal waters of the State; and (2) submit to the Secretary of the Interior with that plan a list of all stations and facilities in the coastal zone of the State which are operational on the date of submittal. (c)  Plan Approval. (1)  In general Not later than 60 days after a plan is submitted by a State under subsection (b), the Secretary of the Interior shall approve or disapprove the plan, based on (A) the adequacy of the survey conducted by the State under subsection (a); and (B) the ability of the plan, based on the guidance issued under section 5605(a), to meet the construction and renovation needs of the recreational vessels identified in the survey. (2)  Notification of state; modification The Secretary of the Interior shall promptly notify the affected Governor of the approval or disapproval of a plan. If a plan is disapproved, the Secretary of the Interior shall recommend necessary modifications and return the plan to the affected Governor. (3)  Resubmittal Not later than 60 days after receiving a plan returned by the Secretary of the Interior, the Governor shall make the appropriate changes and resubmit the plan. (d)  Indication of Stations and Facilities on NOAA Charts. (1)  In general The Under Secretary of Commerce for Oceans and Atmosphere shall indicate, on charts published by the National Oceanic and Atmospheric Administration for the use of operators of recreational vessels, the locations of pumpout stations and waste reception facilities. (2)  Notification of NOAA. (A)  Lists of stations and facilities The Secretary of the Interior shall transmit to the Under Secretary of Commerce for Oceans and Atmosphere each list of operational stations and facilities submitted by a State under subsection (b)(2), by not later than 30 days after the date of receipt of that list. (B)  Completion of project The Director of the United States Fish and Wildlife Service shall notify the Under Secretary of the location of each station or facility at which a construction or renovation project is completed by a State with amounts made available under the Act of August 9, 1950 16 U.S.C. 777a 16 U.S.C. 777 SEC. 5604. FUNDING. (a)  Transfer  [Amended section 777c of Title 16 (b)  Access Increase  [Amended section 777g of Title 16 (c)  Grant Program. (1)  Matching grants The Secretary of the Interior may obligate an amount not to exceed the amount made available under section 4(b)(2) of the Act of August 9, 1950 16 U.S.C. 777c(b)(2) 16 U.S.C. 777c(b)(3) (A) coastal States to pay not more than 75 percent of the cost to a coastal State of (i) conducting a survey under section 5603(a); (ii) developing and submitting a plan and accompanying list under section 5603(b); (iii) constructing and renovating pumpout stations and waste reception facilities; and (iv) conducting a program to educate recreational boaters about the problem of human body waste discharges from vessels and inform them of the location of pumpout stations and waste reception facilities. (B) inland States, which can demonstrate to the Secretary of the Interior that there are an inadequate number of pumpout stations and waste reception facilities to meet the needs of recreational vessels in the waters of that State, to pay 75 percent of the cost to that State of (i) constructing and renovating pumpout stations and waste reception facilities in the inland State; and (ii) conducting a program to educate recreational boaters about the problem of human body waste discharges from vessels and inform them of the location of pumpout stations and waste reception facilities. (2)  Priority In awarding grants under this subsection, the Secretary of the Interior shall give priority consideration to grant applications that (A) provide for public/private partnership efforts to develop and operate pumpout stations and waste reception facilities; and (B) propose innovative ways to increase the availability and use of pumpout stations and waste reception facilities. (d)  Disclaimer Nothing in this subtitle shall be interpreted to preclude a State from carrying out the provisions of this subtitle with funds other than those described in this section. SEC. 5605. GUIDANCE AND NOTIFICATION. (a)  Issuance of Guidance Not later than 3 months after the date of the enactment of this subtitle [ Nov. 4, 1992 (1) guidance regarding the types of pumpout stations and waste reception facilities that may be appropriate for construction, renovation, operation, or maintenance with amounts available under the Act of August 9, 1950 16 U.S.C. 777a 16 U.S.C. 777 (2) guidance defining what constitutes adequate and reasonably available pumpout stations and waste reception facilities in boating areas; (3) guidance on appropriate methods for disposal of vessel sewage from pumpout stations and waste reception facilities; (4) guidance on appropriate connector fittings to facilitate the sanitary and expeditious discharge of sewage from vessels; (5) guidance on the waters most likely to be affected by the discharge of sewage from vessels; and (6) other information that is considered necessary to promote the establishment of pumpout facilities to reduce sewage discharges from vessels and to protect United States waters. (b)  Notification Not later than one month after the guidance issued under subsection (a) is finalized, the Secretary of the Interior shall provide notification in writing to the fish and wildlife, water pollution control, and coastal zone management authorities of each State, of (1) the availability of amounts under the Act of August 9, 1950 16 U.S.C. 777a 16 U.S.C. 777 (2) the guidance developed under subsection (a). SEC. 5606. EFFECT ON STATE FUNDING ELIGIBILITY. This subtitle shall not be construed or applied to jeopardize any funds available to a coastal State under the Act of August 9, 1950 16 U.S.C. 777a 16 U.S.C. 777 SEC. 5607. APPLICABILITY. The requirements of section 5603 shall not apply to a coastal State if within six months after the date of enactment of this subtitle [ Nov. 4, 1992 (1) the State has developed and is implementing a plan that will ensure that there will be pumpout stations and waste reception facilities adequate to meet the needs of recreational vessels in the coastal waters of the State; or (2) existing pumpout stations and waste reception facilities in the coastal waters of the State are adequate to meet those needs. SEC. 5608. DEFINITIONS. For the purposes of this subtitle the term: (1) coastal State (A) means a State of the United States in, or bordering on the Atlantic, Pacific, or Arctic Ocean; the Gulf of Mexico; Long Island Sound; or one or more of the Great Lakes; (B) includes Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa; and (C) does not include a State for which the ratio of the number of recreational vessels in the State numbered under chapter 123 of title 46, United States Code, to number of miles of shoreline (as that term is defined in section 926.2(d) of title 15, Code of Federal Regulations, as in effect on January 1, 1991 (2) coastal waters means (A) in the Great Lakes area, the waters within the territorial jurisdiction of the United States consisting of the Great Lakes, their connecting waters, harbors, roadsteads, and estuary-type areas such as bays, shallows, and marshes; and (B) in other areas, those waters, adjacent to the shorelines, which contain a measurable percentage of sea water, including sounds, bay, lagoons, bayous, ponds, and estuaries. (3) coastal zone has the same meaning that term has in section 304(1) of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1453(1) (4) inland State means a State which is not a coastal state; (5) type III marine sanitation device means any equipment for installation on board a vessel which is specifically designed to receive, retain, and discharge human body wastes; (6) pumpout station means a facility that pumps or receives human body wastes out of type III marine sanitation devices installed on board vessels; (7) recreational vessel means a vessel (A) manufactured for operation, or operated, primarily for pleasure; or (B) leased, rented, or chartered to another for the latters pleasure; and (8) waste reception facility means a facility specifically designed to receive wastes from portable toilets carried on vessels, and does not include lavatories. 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  Contiguous Zone of United States For extension of contiguous zone of United States, see Proc. No. 7219, set out as a note under section 1331 of Title 43  1323. Federal facilities pollution control (a) Compliance with pollution control requirements by Federal entities Each department, agency, or instrumentality of the executive, legislative, and judicial branches of the Federal Government (1) having jurisdiction over any property or facility, or (2) engaged in any activity resulting, or which may result, in the discharge or runoff of pollutants, and each officer, agent, or employee thereof in the performance of his official duties, shall be subject to, and comply with, all Federal, State, interstate, and local requirements, administrative authority, and process and sanctions respecting the control and abatement of water pollution in the same manner, and to the same extent as any nongovernmental entity including the payment of reasonable service charges. The preceding sentence shall apply (A) to any requirement whether substantive or procedural (including any recordkeeping or reporting requirement, any requirement respecting permits and any other requirement, whatsoever), (B) to the exercise of any Federal, State, or local administrative authority, and (C) to any process and sanction, whether enforced in Federal, State, or local courts or in any other manner. This subsection shall apply notwithstanding any immunity of such agencies, officers, agents, or employees under any law or rule of law. Nothing in this section shall be construed to prevent any department, agency, or instrumentality of the Federal Government, or any officer, agent, or employee thereof in the performance of his official duties, from removing to the appropriate Federal district court any proceeding to which the department, agency, or instrumentality or officer, agent, or employee thereof is subject pursuant to this section, and any such proceeding may be removed in accordance with section 1441 et seq. of title 28. No officer, agent, or employee of the United States shall be personally liable for any civil penalty arising from the performance of his official duties, for which he is not otherwise liable, and the United States shall be liable only for those civil penalties arising under Federal law or imposed by a State or local court to enforce an order or the process of such court. The President may exempt any effluent source of any department, agency, or instrumentality in the executive branch from compliance with any such a requirement if he determines it to be in the paramount interest of the United States to do so; except that no exemption may be granted from the requirements of section 1316 or 1317 of this title. No such exemptions shall be granted due to lack of appropriation unless the President shall have specifically requested such appropriation as a part of the budgetary process and the Congress shall have failed to make available such requested appropriation. Any exemption shall be for a period not in excess of one year, but additional exemptions may be granted for periods of not to exceed one year upon the Presidents making a new determination. The President shall report each January to the Congress all exemptions from the requirements of this section granted during the preceding calendar year, together with his reason for granting such exemption. In addition to any such exemption of a particular effluent source, the President may, if he determines it to be in the paramount interest of the United States to do so, issue regulations exempting from compliance with the requirements of this section any weaponry, equipment, aircraft, vessels, vehicles, or other classes or categories of property, and access to such property, which are owned or operated by the Armed Forces of the United States (including the Coast Guard) or by the National Guard of any State and which are uniquely military in nature. The President shall reconsider the need for such regulations at three-year intervals. (b) Cooperation with Federal entities and limitation on facility construction (1) The Administrator shall coordinate with the head of each department, agency, or instrumentality of the Federal Government having jurisdiction over any property or facility utilizing federally owned wastewater facilities to develop a program of cooperation for utilizing wastewater control systems utilizing those innovative treatment processes and techniques for which guidelines have been promulgated under section 1314(d)(3) of this title (2) Construction shall not be initiated for facilities for treatment of wastewater at any Federal property or facility after September 30, 1979 section 1342 of this title (c) Reasonable service charges (1) In general For the purposes of this chapter, reasonable service charges described in subsection (a) include any reasonable nondiscriminatory fee, charge, or assessment that is (A) based on some fair approximation of the proportionate contribution of the property or facility to stormwater pollution (in terms of quantities of pollutants, or volume or rate of stormwater discharge or runoff from the property or facility); and (B) used to pay or reimburse the costs associated with any stormwater management program (whether associated with a separate storm sewer system or a sewer system that manages a combination of stormwater and sanitary waste), including the full range of programmatic and structural costs attributable to collecting stormwater, reducing pollutants in stormwater, and reducing the volume and rate of stormwater discharge, regardless of whether that reasonable fee, charge, or assessment is denominated a tax. (2) Limitation on accounts (A) Limitation The payment or reimbursement of any fee, charge, or assessment described in paragraph (1) shall not be made using funds from any permanent authorization account in the Treasury. (B) Reimbursement or payment obligation of Federal Government Each department, agency, or instrumentality of the executive, legislative, and judicial branches of the Federal Government, as described in subsection (a), shall not be obligated to pay or reimburse any fee, charge, or assessment described in paragraph (1), except to the extent and in an amount provided in advance by any appropriations Act to pay or reimburse the fee, charge, or assessment. ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 875 Pub. L. 95217 Dec. 27, 1977 91 Stat. 1597 Pub. L. 111378,  1 Jan. 4, 2011 124 Stat. 4128  Editorial Notes Amendments 2011Subsec. (c). Pub. L. 111378 1977Subsec. (a). Pub. L. 95217 Subsec. (b). Pub. L. 95217,  60 Statutory Notes and Related Subsidiaries  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 section 542 of Title 6 Marine Guidance Systems Pub. L. 105383, title IV,  425(b) Nov. 13, 1998 112 Stat. 3441 The Secretary of Transportation shall, within 12 months after the date of the enactment of this Act [ Nov. 13, 1998 Executive Documents Federal Compliance With Pollution Control Standards For provisions relating to the responsibility of the head of each Executive agency for compliance with applicable pollution control standards, see Ex. Ord. No. 12088, Oct. 13, 1978 section 4321 of Title 42  Executive Order No. 11258 Ex. Ord. No. 11258, Nov. 17, 1965 July 2, 1966  Executive Order No. 11288 Ex. Ord. No. 11288, July 2, 1966 Feb. 4, 1970  1324. Clean lakes (a) Establishment and scope of program (1) State program requirements Each State on a biennial basis shall prepare and submit to the Administrator for his approval (A) an identification and classification according to eutrophic condition of all publicly owned lakes in such State; (B) a description of procedures, processes, and methods (including land use requirements), to control sources of pollution of such lakes; (C) a description of methods and procedures, in conjunction with appropriate Federal agencies, to restore the quality of such lakes; (D) methods and procedures to mitigate the harmful effects of high acidity, including innovative methods of neutralizing and restoring buffering capacity of lakes and methods of removing from lakes toxic metals and other toxic substances mobilized by high acidity; (E) a list and description of those publicly owned lakes in such State for which uses are known to be impaired, including those lakes which are known not to meet applicable water quality standards or which require implementation of control programs to maintain compliance with applicable standards and those lakes in which water quality has deteriorated as a result of high acidity that may reasonably be due to acid deposition; and (F) an assessment of the status and trends of water quality in lakes in such State, including but not limited to, the nature and extent of pollution loading from point and nonpoint sources and the extent to which the use of lakes is impaired as a result of such pollution, particularly with respect to toxic pollution. (2) Submission as part of 1315(b)(1) report The information required under paragraph (1) shall be included in the report required under section 1315(b)(1) of this title April 1, 1988 (3) Report of Administrator Not later than 180 days after receipt from the States of the biennial information required under paragraph (1), the Administrator shall submit to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the status of water quality in lakes in the United States, including the effectiveness of the methods and procedures described in paragraph (1)(D). (4) Eligibility requirement Beginning after April 1, 1988 (b) Financial assistance to States The Administrator shall provide financial assistance to States in order to carry out methods and procedures approved by him under subsection (a) of this section. The Administrator shall provide financial assistance to States to prepare the identification and classification surveys required in subsection (a)(1) of this section. (c) Maximum amount of grant; authorization of appropriations (1) The amount granted to any State for any fiscal year under subsection (b) of this section shall not exceed 70 per centum of the funds expended by such State in such year for carrying out approved methods and procedures under subsection (a) of this section. (2) There is authorized to be appropriated $50,000,000 for each of fiscal years 2001 through 2005 for grants to States under subsection (b) of this section which such sums shall remain available until expended. The Administrator shall provide for an equitable distribution of such sums to the States with approved methods and procedures under subsection (a) of this section. (d) Demonstration program (1) General requirements The Administrator is authorized and directed to establish and conduct at locations throughout the Nation a lake water quality demonstration program. The program shall, at a minimum (A) develop cost effective technologies for the control of pollutants to preserve or enhance lake water quality while optimizing multiple lakes uses; (B) control nonpoint sources of pollution which are contributing to the degradation of water quality in lakes; (C) evaluate the feasibility of implementing regional consolidated pollution control strategies; (D) demonstrate environmentally preferred techniques for the removal and disposal of contaminated lake sediments; (E) develop improved methods for the removal of silt, stumps, aquatic growth, and other obstructions which impair the quality of lakes; (F) construct and evaluate silt traps and other devices or equipment to prevent or abate the deposit of sediment in lakes; and (G) demonstrate the costs and benefits of utilizing dredged material from lakes in the reclamation of despoiled land. (2) Geographical requirements Demonstration projects authorized by this subsection shall be undertaken to reflect a variety of geographical and environmental conditions. As a priority, the Administrator shall undertake demonstration projects at Lake Champlain, New York and Vermont; Lake Houston, Texas; Beaver Lake, Arkansas; Greenwood Lake and Belcher Creek, New Jersey; Deal Lake, New Jersey; Alcyon Lake, New Jersey; Gortons Pond, Rhode Island; Lake Washington, Rhode Island; Lake Bomoseen, Vermont; Sauk Lake, Minnesota; Otsego Lake, New York; Oneida Lake, New York; Raystown Lake, Pennsylvania; Swan Lake, Itasca County, Minnesota; Walker Lake, Nevada; Lake Tahoe, California and Nevada; Ten Mile Lakes, Oregon; Woahink Lake, Oregon; Highland Lake, Connecticut; Lily Lake, New Jersey; Strawbridge Lake, New Jersey; Baboosic Lake, New Hampshire; French Pond, New Hampshire; Dillon Reservoir, Ohio; Tohopekaliga Lake, Florida; Lake Apopka, Florida; Lake George, New York; Lake Wallenpaupack, Pennsylvania; Lake Allatoona, Georgia; and Lake Worth, Texas. (3) Reports Notwithstanding section 3003 of the Federal Reports Elimination and Sunset Act of 1995 ( 31 U.S.C. 1113 109 Stat. 734736 January 1, 1997 (4) Authorization of appropriations (A) In general There is authorized to be appropriated to carry out this subsection not to exceed $40,000,000 for fiscal years beginning after September 30, 1986 (B) Special authorizations (i) Amount There is authorized to be appropriated to carry out subsection (b) with respect to subsection (a)(1)(D) not to exceed $25,000,000 for fiscal years beginning after September 30, 1986 (ii) Distribution of funds The Administrator shall provide for an equitable distribution of sums appropriated pursuant to this subparagraph among States carrying out approved methods and procedures. Such distribution shall be based on the relative needs of each such State for the mitigation of the harmful effects on lakes and other surface waters of high acidity that may reasonably be due to acid deposition or acid mine drainage. (iii) Grants as additional assistance The amount of any grant to a State under this subparagraph shall be in addition to, and not in lieu of, any other Federal financial assistance. ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 875 Pub. L. 95217 Dec. 27, 1977 91 Stat. 1567 Pub. L. 96483,  1(f) Oct. 21, 1980 94 Stat. 2360 Pub. L. 1004, title I,  101(g) Feb. 4, 1987 101 Stat. 9 Pub. L. 101596, title III,  302 Nov. 16, 1990 104 Stat. 3006 Pub. L. 10466, title II,  2021(c) Dec. 21, 1995 109 Stat. 727 Pub. L. 105362, title V,  501(b) Nov. 10, 1998 112 Stat. 3283 Pub. L. 106457, title VII Nov. 7, 2000 114 Stat. 1976 Pub. L. 107303, title III,  302(b)(1) Nov. 27, 2002 116 Stat. 2361  Editorial Notes  References in Text Section 3003 of the Federal Reports Elimination and Sunset Act of 1995, referred to in subsec. (d)(3), is section 3003 of Pub. L. 10466 section 1113 of Title 31 Amendments 2002Subsec. (a)(3), (4). Pub. L. 107303 Pub. L. 105362,  501(b) 2000Subsec. (c)(2). Pub. L. 106457,  701 June 30, 1973 Subsec. (d)(2). Pub. L. 106457,  702(1) Subsec. (d)(3). Pub. L. 106457,  702(2) 31 U.S.C. 1113 109 Stat. 734736 Subsec. (d)(4)(B)(i). Pub. L. 106457,  702(3) 1998Subsec. (a)(3), (4). Pub. L. 105362,  501(b) Pub. L. 107303 1995Subsec. (d)(3). Pub. L. 10466 January 1, 1997 1990Subsec. (d)(2). Pub. L. 101596 1987Subsec. (a). Pub. L. 1004,  315(a) (1) an identification and classification according to eutrophic condition of all publicly owned fresh water lakes in such State; (2) procedures, processes, and methods (including land use requirements), to control sources of pollution of such lakes; and (3) methods and procedures, in conjunction with appropriate Federal agencies, to restore the quality of such lakes. Subsec. (b). Pub. L. 1004,  315(d)(1) Subsec. (c)(1). Pub. L. 1004,  315(d)(2) Subsec. (c)(2). Pub. L. 1004 Subsec. (d). Pub. L. 1004,  315(b) 1980Subsec. (c)(2). Pub. L. 96483 1977Subsec. (b). Pub. L. 95217,  62(a) Subsec. (c)(2). Pub. L. 95217,  4(f) Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by Pub. L. 107303 Nov. 10, 1998 33 U.S.C. 1251 Nov. 27, 2002 Pub. L. 105362 section 302(b) of Pub. L. 107303 section 1254 of this title  1325. National Study Commission (a) Establishment There is established a National Study Commission, which shall make a full and complete investigation and study of all of the technological aspects of achieving, and all aspects of the total economic, social, and environmental effects of achieving or not achieving, the effluent limitations and goals set forth for 1983 in section 1311(b)(2) of this title (b) Membership; chairman Such Commission shall be composed of fifteen members, including five members of the Senate, who are members of the Environment and Public Works committee, appointed by the President of the Senate, five members of the House, who are members of the Public Works and Transportation committee, appointed by the Speaker of the House, and five members of the public appointed by the President. The Chairman of such Commission shall be elected from among its members. (c) Contract authority In the conduct of such study, the Commission is authorized to contract with the National Academy of Sciences and the National Academy of Engineering (acting through the National Research Council), the National Institute of Ecology, Brookings Institution, and other nongovernmental entities, for the investigation of matters within their competence. (d) Cooperation of departments, agencies, and instrumentalities of executive branch The heads of the departments, agencies and instrumentalities of the executive branch of the Federal Government shall cooperate with the Commission in carrying out the requirements of this section, and shall furnish to the Commission such information as the Commission deems necessary to carry out this section. (e) Report to Congress A report shall be submitted to the Congress of the results of such investigation and study, together with recommendations, not later than three years after October 18, 1972 (f) Compensation and allowances The members of the Commission who are not officers or employees of the United States, while attending conferences or meetings of the Commission or while otherwise serving at the request of the Chairman shall be entitled to receive compensation at a rate not in excess of the maximum rate of pay for Grade GS18, as provided in the General Schedule under section 5332 of title 5 (g) Appointment of personnel In addition to authority to appoint personnel subject to the provisions of title 5 governing appointments in the competitive service, and to pay such personnel in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, the Commission shall have authority to enter into contracts with private or public organizations who shall furnish the Commission with such administrative and technical personnel as may be necessary to carry out the purpose of this section. Personnel furnished by such organizations under this subsection are not, and shall not be considered to be, Federal employees for any purposes, but in the performance of their duties shall be guided by the standards which apply to employees of the legislative branches under rules 41 and 43 1 1 (h) Authorization of appropriation There is authorized to be appropriated, for use in carrying out this section, not to exceed $17,250,000. ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 875 Pub. L. 93207,  1(5) Dec. 28, 1973 87 Stat. 906 Pub. L. 93592,  5 Jan. 2, 1975 88 Stat. 1925 Pub. L. 94238 Mar. 23, 1976 90 Stat. 250 Oct. 8, 1974 Feb. 4, 1977  Editorial Notes  References in Text Travel expenses, including per diem in lieu of subsistence as authorized by law, referred to subsec. (f), probably refers to the allowances authorized by section 5703 of Title 5 The General Schedule, referred to in subsec. (g), is set out under section 5332 of Title 5 The Rules of the House of Representatives for the One Hundred Sixth Congress were adopted and amended generally by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999 Jan. 3, 2001 Amendments 1976Subsec. (h). Pub. L. 94238 1975Subsec. (h). Pub. L. 93592 1973Subsecs. (g), (h). Pub. L. 93207 Statutory Notes and Related Subsidiaries  Change of Name Committee on Public Works of Senate abolished and replaced by Committee on Environment and Public Works of Senate, effective Feb. 11, 1977 Feb. 4, 1977 Committee on Public Works of House of Representatives changed to Committee on Public Works and Transportation of House of Representatives, effective Jan. 3, 1975 section 1(a) of Pub. L. 10414 section 21 of Title 2 References in Other Laws to GS16, 17, or 18 Pay Rates References in laws to the rates of pay for GS16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I,  101(c)(1)] of Pub. L. 101509 section 5376 of Title 5  1326. Thermal discharges (a) Effluent limitations that will assure protection and propagation of balanced, indigenous population of shellfish, fish, and wildlife With respect to any point source otherwise subject to the provisions of section 1311 of this title section 1316 of this title (b) Cooling water intake structures Any standard established pursuant to section 1311 of this title section 1316 of this title (c) Period of protection from more stringent effluent limitations following discharge point source modification commenced after October 18, 1972 Notwithstanding any other provision of this chapter, any point source of a discharge having a thermal component, the modification of which point source is commenced after October 18, 1972 section 1311 of this title section 1313 of this title ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 876 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095  Editorial Notes Amendments 1986Subsec. (c). Pub. L. 99514  1327. Omitted  Editorial Notes Codification Section, act June 30, 1948, ch. 758, title III,  317 Oct. 18, 1972 Pub. L. 92500,  2 86 Stat. 877 Oct. 18, 1972  1328. Aquaculture (a) Authority to permit discharge of specific pollutants The Administrator is authorized, after public hearings, to permit the discharge of a specific pollutant or pollutants under controlled conditions associated with an approved aquaculture project under Federal or State supervision pursuant to section 1342 of this title (b) Procedures and guidelines The Administrator shall by regulation establish any procedures and guidelines which the Administrator deems necessary to carry out this section. Such regulations shall require the application to such discharge of each criterion, factor, procedure, and requirement applicable to a permit issued under section 1342 of this title (c) State administration Each State desiring to administer its own permit program within its jurisdiction for discharge of a specific pollutant or pollutants under controlled conditions associated with an approved aquaculture project may do so if upon submission of such program the Administrator determines such program is adequate to carry out the objective of this chapter. ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 877 Pub. L. 95217,  63 Dec. 27, 1977 91 Stat. 1599  Editorial Notes Amendments 1977Subsec. (a). Pub. L. 95217 section 1342 of this title Subsec. (b). Pub. L. 95217 January 1, 1974 section 1342 of this title Subsec. (c). Pub. L. 95217  1329. Nonpoint source management programs (a) State assessment reports (1) Contents The Governor of each State shall, after notice and opportunity for public comment, prepare and submit to the Administrator for approval, a report which (A) identifies those navigable waters within the State which, without additional action to control nonpoint sources of pollution, cannot reasonably be expected to attain or maintain applicable water quality standards or the goals and requirements of this chapter; (B) identifies those categories and subcategories of nonpoint sources or, where appropriate, particular nonpoint sources which add significant pollution to each portion of the navigable waters identified under subparagraph (A) in amounts which contribute to such portion not meeting such water quality standards or such goals and requirements; (C) describes the process, including intergovernmental coordination and public participation, for identifying best management practices and measures to control each category and subcategory of nonpoint sources and, where appropriate, particular nonpoint sources identified under subparagraph (B) and to reduce, to the maximum extent practicable, the level of pollution resulting from such category, subcategory, or source; and (D) identifies and describes State and local programs for controlling pollution added from nonpoint sources to, and improving the quality of, each such portion of the navigable waters, including but not limited to those programs which are receiving Federal assistance under subsections (h) and (i). (2) Information used in preparation In developing the report required by this section, the State (A) may rely upon information developed pursuant to sections 1288, 1313(e), 1314(f), 1315(b), and 1324 of this title, and other information as appropriate, and (B) may utilize appropriate elements of the waste treatment management plans developed pursuant to sections 1288(b) and 1313 of this title, to the extent such elements are consistent with and fulfill the requirements of this section. (b) State management programs (1) In general The Governor of each State, for that State or in combination with adjacent States, shall, after notice and opportunity for public comment, prepare and submit to the Administrator for approval a management program which such State proposes to implement in the first four fiscal years beginning after the date of submission of such management program for controlling pollution added from nonpoint sources to the navigable waters within the State and improving the quality of such waters. (2) Specific contents Each management program proposed for implementation under this subsection shall include each of the following: (A) An identification of the best management practices and measures which will be undertaken to reduce pollutant loadings resulting from each category, subcategory, or particular nonpoint source designated under paragraph (1)(B), taking into account the impact of the practice on ground water quality. (B) An identification of programs (including, as appropriate, nonregulatory or regulatory programs for enforcement, technical assistance, financial assistance, education, training, technology transfer, and demonstration projects) to achieve implementation of the best management practices by the categories, subcategories, and particular nonpoint sources designated under subparagraph (A). (C) A schedule containing annual milestones for (i) utilization of the program implementation methods identified in subparagraph (B), and (ii) implementation of the best management practices identified in subparagraph (A) by the categories, subcategories, or particular nonpoint sources designated under paragraph (1)(B). Such schedule shall provide for utilization of the best management practices at the earliest practicable date. (D) A certification of the attorney general of the State or States (or the chief attorney of any State water pollution control agency which has independent legal counsel) that the laws of the State or States, as the case may be, provide adequate authority to implement such management program or, if there is not such adequate authority, a list of such additional authorities as will be necessary to implement such management program. A schedule and commitment by the State or States to seek such additional authorities as expeditiously as practicable. (E) Sources of Federal and other assistance and funding (other than assistance provided under subsections (h) and (i)) which will be available in each of such fiscal years for supporting implementation of such practices and measures and the purposes for which such assistance will be used in each of such fiscal years. (F) An identification of Federal financial assistance programs and Federal development projects for which the State will review individual assistance applications or development projects for their effect on water quality pursuant to the procedures set forth in Executive Order 12372 as in effect on September 17, 1983 (3) Utilization of local and private experts In developing and implementing a management program under this subsection, a State shall, to the maximum extent practicable, involve local public and private agencies and organizations which have expertise in control of nonpoint sources of pollution. (4) Development on watershed basis A State shall, to the maximum extent practicable, develop and implement a management program under this subsection on a watershed-by-watershed basis within such State. (c) Administrative provisions (1) Cooperation requirement Any report required by subsection (a) and any management program and report required by subsection (b) shall be developed in cooperation with local, substate regional, and interstate entities which are actively planning for the implementation of nonpoint source pollution controls and have either been certified by the Administrator in accordance with section 1288 of this title section 1285(j) of this title (2) Time period for submission of reports and management programs Each report and management program shall be submitted to the Administrator during the 18-month period beginning on February 4, 1987 (d) Approval or disapproval of reports and management programs (1) Deadline Subject to paragraph (2), not later than 180 days after the date of submission to the Administrator of any report or management program under this section (other than subsections (h), (i), and (k)), the Administrator shall either approve or disapprove such report or management program, as the case may be. The Administrator may approve a portion of a management program under this subsection. If the Administrator does not disapprove a report, management program, or portion of a management program in such 180-day period, such report, management program, or portion shall be deemed approved for purposes of this section. (2) Procedure for disapproval If, after notice and opportunity for public comment and consultation with appropriate Federal and State agencies and other interested persons, the Administrator determines that (A) the proposed management program or any portion thereof does not meet the requirements of subsection (b)(2) of this section or is not likely to satisfy, in whole or in part, the goals and requirements of this chapter; (B) adequate authority does not exist, or adequate resources are not available, to implement such program or portion; (C) the schedule for implementing such program or portion is not sufficiently expeditious; or (D) the practices and measures proposed in such program or portion are not adequate to reduce the level of pollution in navigable waters in the State resulting from nonpoint sources and to improve the quality of navigable waters in the State; the Administrator shall within 6 months of the receipt of the proposed program notify the State of any revisions or modifications necessary to obtain approval. The State shall thereupon have an additional 3 months to submit its revised management program and the Administrator shall approve or disapprove such revised program within three months of receipt. (3) Failure of State to submit report If a Governor of a State does not submit the report required by subsection (a) within the period specified by subsection (c)(2), the Administrator shall, within 30 months after February 4, 1987 (e) Local management programs; technical assistance If a State fails to submit a management program under subsection (b) or the Administrator does not approve such a management program, a local public agency or organization which has expertise in, and authority to, control water pollution resulting from nonpoint sources in any area of such State which the Administrator determines is of sufficient geographic size may, with approval of such State, request the Administrator to provide, and the Administrator shall provide, technical assistance to such agency or organization in developing for such area a management program which is described in subsection (b) and can be approved pursuant to subsection (d). After development of such management program, such agency or organization shall submit such management program to the Administrator for approval. If the Administrator approves such management program, such agency or organization shall be eligible to receive financial assistance under subsection (h) for implementation of such management program as if such agency or organization were a State for which a report submitted under subsection (a) and a management program submitted under subsection (b) were approved under this section. Such financial assistance shall be subject to the same terms and conditions as assistance provided to a State under subsection (h). (f) Technical assistance for States Upon request of a State, the Administrator may provide technical assistance to such State in developing a management program approved under subsection (b) for those portions of the navigable waters requested by such State. (g) Interstate management conference (1) Convening of conference; notification; purpose If any portion of the navigable waters in any State which is implementing a management program approved under this section is not meeting applicable water quality standards or the goals and requirements of this chapter as a result, in whole or in part, of pollution from nonpoint sources in another State, such State may petition the Administrator to convene, and the Administrator shall convene, a management conference of all States which contribute significant pollution resulting from nonpoint sources to such portion. If, on the basis of information available, the Administrator determines that a State is not meeting applicable water quality standards or the goals and requirements of this chapter as a result, in whole or in part, of significant pollution from nonpoint sources in another State, the Administrator shall notify such States. The Administrator may convene a management conference under this paragraph not later than 180 days after giving such notification, whether or not the State which is not meeting such standards requests such conference. The purpose of such conference shall be to develop an agreement among such States to reduce the level of pollution in such portion resulting from nonpoint sources and to improve the water quality of such portion. Nothing in such agreement shall supersede or abrogate rights to quantities of water which have been established by interstate water compacts, Supreme Court decrees, or State water laws. This subsection shall not apply to any pollution which is subject to the Colorado River Basin Salinity Control Act [ 43 U.S.C. 1571 section 1365 of this title (2) State management program requirement To the extent that the States reach agreement through such conference, the management programs of the States which are parties to such agreements and which contribute significant pollution to the navigable waters or portions thereof not meeting applicable water quality standards or goals and requirements of this chapter will be revised to reflect such agreement. Such management programs shall be consistent with Federal and State law. (h) Grant program (1) Grants for implementation of management programs Upon application of a State for which a report submitted under subsection (a) and a management program submitted under subsection (b) is approved under this section, the Administrator shall make grants, subject to such terms and conditions as the Administrator considers appropriate, under this subsection to such State for the purpose of assisting the State in implementing such management program. Funds reserved pursuant to section 1285(j)(5) of this title (2) Applications An application for a grant under this subsection in any fiscal year shall be in such form and shall contain such other information as the Administrator may require, including an identification and description of the best management practices and measures which the State proposes to assist, encourage, or require in such year with the Federal assistance to be provided under the grant. (3) Federal share The Federal share of the cost of each management program implemented with Federal assistance under this subsection in any fiscal year shall not exceed 60 percent of the cost incurred by the State in implementing such management program and shall be made on condition that the non-Federal share is provided from non-Federal sources. (4) Limitation on grant amounts Notwithstanding any other provision of this subsection, not more than 15 percent of the amount appropriated to carry out this subsection may be used to make grants to any one State, including any grants to any local public agency or organization with authority to control pollution from nonpoint sources in any area of such State. (5) Priority for effective mechanisms For each fiscal year beginning after September 30, 1987 (A) control particularly difficult or serious nonpoint source pollution problems, including, but not limited to, problems resulting from mining activities; (B) implement innovative methods or practices for controlling nonpoint sources of pollution, including regulatory programs where the Administrator deems appropriate; (C) control interstate nonpoint source pollution problems; or (D) carry out ground water quality protection activities which the Administrator determines are part of a comprehensive nonpoint source pollution control program, including research, planning, ground water assessments, demonstration programs, enforcement, technical assistance, education, and training to protect ground water quality from nonpoint sources of pollution. (6) Availability for obligation The funds granted to each State pursuant to this subsection in a fiscal year shall remain available for obligation by such State for the fiscal year for which appropriated. The amount of any such funds not obligated by the end of such fiscal year shall be available to the Administrator for granting to other States under this subsection in the next fiscal year. (7) Limitation on use of funds States may use funds from grants made pursuant to this section for financial assistance to persons only to the extent that such assistance is related to the costs of demonstration projects. (8) Satisfactory progress No grant may be made under this subsection in any fiscal year to a State which in the preceding fiscal year received a grant under this subsection unless the Administrator determines that such State made satisfactory progress in such preceding fiscal year in meeting the schedule specified by such State under subsection (b)(2). (9) Maintenance of effort No grant may be made to a State under this subsection in any fiscal year unless such State enters into such agreements with the Administrator as the Administrator may require to ensure that such State will maintain its aggregate expenditures from all other sources for programs for controlling pollution added to the navigable waters in such State from nonpoint sources and improving the quality of such waters at or above the average level of such expenditures in its two fiscal years preceding February 4, 1987 (10) Request for information The Administrator may request such information, data, and reports as he considers necessary to make the determination of continuing eligibility for grants under this section. (11) Reporting and other requirements Each State shall report to the Administrator on an annual basis concerning (A) its progress in meeting the schedule of milestones submitted pursuant to subsection (b)(2)(C) of this section, and (B) to the extent that appropriate information is available, reductions in nonpoint source pollutant loading and improvements in water quality for those navigable waters or watersheds within the State which were identified pursuant to subsection (a)(1)(A) of this section resulting from implementation of the management program. (12) Limitation on administrative costs For purposes of this subsection, administrative costs in the form of salaries, overhead, or indirect costs for services provided and charged against activities and programs carried out with a grant under this subsection shall not exceed in any fiscal year 10 percent of the amount of the grant in such year, except that costs of implementing enforcement and regulatory activities, education, training, technical assistance, demonstration projects, and technology transfer programs shall not be subject to this limitation. (i) Grants for protecting groundwater quality (1) Eligible applicants and activities Upon application of a State for which a report submitted under subsection (a) and a plan submitted under subsection (b) is approved under this section, the Administrator shall make grants under this subsection to such State for the purpose of assisting such State in carrying out groundwater quality protection activities which the Administrator determines will advance the State toward implementation of a comprehensive nonpoint source pollution control program. Such activities shall include, but not be limited to, research, planning, groundwater assessments, demonstration programs, enforcement, technical assistance, education and training to protect the quality of groundwater and to prevent contamination of groundwater from nonpoint sources of pollution. (2) Applications An application for a grant under this subsection shall be in such form and shall contain such information as the Administrator may require. (3) Federal share; maximum amount The Federal share of the cost of assisting a State in carrying out groundwater protection activities in any fiscal year under this subsection shall be 50 percent of the costs incurred by the State in carrying out such activities, except that the maximum amount of Federal assistance which any State may receive under this subsection in any fiscal year shall not exceed $150,000. (4) Report The Administrator shall include in each report transmitted under subsection (m) a report on the activities and programs implemented under this subsection during the preceding fiscal year. (j) Authorization of appropriations There is authorized to be appropriated to carry out subsections (h) and (i) $200,000,000 for each of fiscal years 2023 through 2027; except that for each of such fiscal years not to exceed $7,500,000 may be made available to carry out subsection (i). Sums appropriated pursuant to this subsection shall remain available until expended. (k) Consistency of other programs and projects with management programs The Administrator shall transmit to the Office of Management and Budget and the appropriate Federal departments and agencies a list of those assistance programs and development projects identified by each State under subsection (b)(2)(F) for which individual assistance applications and projects will be reviewed pursuant to the procedures set forth in Executive Order 12372 as in effect on September 17, 1983 September 17, 1983 (l) Collection of information The Administrator shall collect and make available, through publications and other appropriate means, information pertaining to management practices and implementation methods, including, but not limited to, (1) information concerning the costs and relative efficiencies of best management practices for reducing nonpoint source pollution; and (2) available data concerning the relationship between water quality and implementation of various management practices to control nonpoint sources of pollution. (m) Reports of Administrator (1) Annual reports Not later than January 1, 1988 (2) Final report Not later than January 1, 1990 (A) describe the management programs being implemented by the States by types and amount of affected navigable waters, categories and subcategories of nonpoint sources, and types of best management practices being implemented; (B) describe the experiences of the States in adhering to schedules and implementing best management practices; (C) describe the amount and purpose of grants awarded pursuant to subsections (h) and (i) of this section; (D) identify, to the extent that information is available, the progress made in reducing pollutant loads and improving water quality in the navigable waters; (E) indicate what further actions need to be taken to attain and maintain in those navigable waters (i) applicable water quality standards, and (ii) the goals and requirements of this chapter; (F) include recommendations of the Administrator concerning future programs (including enforcement programs) for controlling pollution from nonpoint sources; and (G) identify the activities and programs of departments, agencies, and instrumentalities of the United States which are inconsistent with the management programs submitted by the States and recommend modifications so that such activities and programs are consistent with and assist the States in implementation of such management programs. (n) Set aside for administrative personnel Not less than 5 percent of the funds appropriated pursuant to subsection (j) for any fiscal year shall be available to the Administrator to maintain personnel levels at the Environmental Protection Agency at levels which are adequate to carry out this section in such year. ( June 30, 1948, ch. 758 Pub. L. 1004, title III,  316(a) Feb. 4, 1987 101 Stat. 52 Pub. L. 105362, title V,  501(c) Nov. 10, 1998 112 Stat. 3283 Pub. L. 107303, title III,  302(b)(1) Nov. 27, 2002 116 Stat. 2361 Pub. L. 117263, div. H, title LXXXV,  8502 Dec. 23, 2022 136 Stat. 3856  Editorial Notes  References in Text Executive Order 12372, referred to in subsecs. (b)(2)(F) and (k), is Ex. Ord. No. 12372, July 14, 1982 section 6506 of Title 31 The Colorado River Basin Salinity Control Act, referred to in subsec. (g)(1), is Pub. L. 93320 June 24, 1974 88 Stat. 266 section 1571 of Title 43 Amendments 2022Subsec. (j). Pub. L. 117263 2002Subsecs. (i)(4), (m), (n). Pub. L. 107303 Pub. L. 105362,  501(c) 1998Subsec. (i)(4). Pub. L. 105362,  501(c)(1) Pub. L. 107303 Subsecs. (m), (n). Pub. L. 105362,  501(c)(2) Pub. L. 107303 Statutory Notes and Related Subsidiaries  Change of Name Committee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 10414 section 21 of Title 2 Effective Date of 2002 Amendment Amendment by Pub. L. 107303 Nov. 10, 1998 33 U.S.C. 1251 Nov. 27, 2002 Pub. L. 105362 section 302(b) of Pub. L. 107303 section 1254 of this title  1330. National estuary program (a) Management conference (1) Nomination of estuaries The Governor of any State may nominate to the Administrator an estuary lying in whole or in part within the State as an estuary of national significance and request a management conference to develop a comprehensive management plan for the estuary. The nomination shall document the need for the conference, the likelihood of success, and information relating to the factors in paragraph (2). (2) Convening of conference (A) In general In any case where the Administrator determines, on his own initiative or upon nomination of a State under paragraph (1), that the attainment or maintenance of that water quality in an estuary which assures protection of public water supplies and the protection and propagation of a balanced, indigenous population of shellfish, fish, and wildlife, and allows recreational activities, in and on the water, requires the control of point and nonpoint sources of pollution to supplement existing controls of pollution in more than one State, the Administrator shall select such estuary and convene a management conference. (B) Priority consideration The Administrator shall give priority consideration under this section to Long Island Sound, New York and Connecticut; Narragansett Bay, Rhode Island; Buzzards Bay, Massachusetts; Massachusetts Bay, Massachusetts (including Cape Cod Bay and Boston Harbor); Puget Sound, Washington; New York-New Jersey Harbor, New York and New Jersey; Delaware Bay, Delaware and New Jersey; Delaware Inland Bays, Delaware; Albemarle Sound, North Carolina; Sarasota Bay, Florida; San Francisco Bay, California; Santa Monica Bay, California; Galveston Bay, Texas; Barataria-Terrebonne Bay estuary complex, Louisiana; Indian River Lagoon, Florida; Lake Pontchartrain Basin, Louisiana and Mississippi; Peconic Bay, New York; Casco Bay, Maine; Tampa Bay, Florida; Coastal Bend, Texas; San Juan Bay, Puerto Rico; Tillamook Bay, Oregon; Piscataqua Region, New Hampshire; Barnegat Bay, New Jersey; Maryland Coastal Bays, Maryland; Charlotte Harbor, Florida; Mobile Bay, Alabama; Morro Bay, California; and Lower Columbia River, Oregon and Washington. (3) Boundary dispute exception In any case in which a boundary between two States passes through an estuary and such boundary is disputed and is the subject of an action in any court, the Administrator shall not convene a management conference with respect to such estuary before a final adjudication has been made of such dispute. (b) Purposes of conference The purposes of any management conference convened with respect to an estuary under this subsection shall be to (1) assess trends in water quality, natural resources, and uses of the estuary; (2) collect, characterize, and assess data on toxics, nutrients, and natural resources within the estuarine zone to identify the causes of environmental problems; (3) develop the relationship between the inplace loads and point and nonpoint loadings of pollutants to the estuarine zone and the potential uses of the zone, water quality, and natural resources; (4) develop a comprehensive conservation and management plan that (A) recommends priority corrective actions and compliance schedules addressing point and nonpoint sources of pollution to restore and maintain the chemical, physical, and biological integrity of the estuary, including restoration and maintenance of water quality, a balanced indigenous population of shellfish, fish and wildlife, and recreational activities in the estuary, and assure that the designated uses of the estuary are protected; (B) addresses the effects of recurring extreme weather events on the estuary, including the identification and assessment of vulnerabilities in the estuary and the development and implementation of adaptation strategies; and (C) increases public education and awareness of the ecological health and water quality conditions of the estuary; (5) develop plans for the coordinated implementation of the plan by the States as well as Federal and local agencies participating in the conference; (6) monitor the effectiveness of actions taken pursuant to the plan; and (7) review all Federal financial assistance programs and Federal development projects in accordance with the requirements of Executive Order 12372, as in effect on September 17, 1983 For purposes of paragraph (7), such programs and projects shall not be limited to the assistance programs and development projects subject to Executive Order 12372, but may include any programs listed in the most recent Catalog of Federal Domestic Assistance which may have an effect on the purposes and objectives of the plan developed under this section. (c) Members of conference The members of a management conference convened under this section shall include, at a minimum, the Administrator and representatives of (1) each State and foreign nation located in whole or in part in the estuarine zone of the estuary for which the conference is convened; (2) international, interstate, or regional agencies or entities having jurisdiction over all or a significant part of the estuary; (3) each interested Federal agency, as determined appropriate by the Administrator; (4) local governments having jurisdiction over any land or water within the estuarine zone, as determined appropriate by the Administrator; and (5) affected industries, public and private educational institutions, nonprofit organizations, and the general public, as determined appropriate by the Administrator. (d) Utilization of existing data In developing a conservation and management plan under this section, the management conference shall survey and utilize existing reports, data, and studies relating to the estuary that have been developed by or made available to Federal, interstate, State, and local agencies. (e) Period of conference A management conference convened under this section shall be convened for a period not to exceed 5 years. Such conference may be extended by the Administrator, and if terminated after the initial period, may be reconvened by the Administrator at any time thereafter, as may be necessary to meet the requirements of this section. (f) Approval and implementation of plans (1) Approval Not later than 120 days after the completion of a conservation and management plan and after providing for public review and comment, the Administrator shall approve such plan if the plan meets the requirements of this section and the affected Governor or Governors concur. (2) Implementation Upon approval of a conservation and management plan under this section, such plan shall be implemented. Funds authorized to be appropriated under subchapters II and VI of this chapter and section 1329 of this title (g) Grants (1) Recipients The Administrator is authorized to make grants to State, interstate, and regional water pollution control agencies and entities, State coastal zone management agencies, interstate agencies, other public or nonprofit private agencies, institutions, organizations, and individuals. (2) Purposes Grants under this subsection shall be made to pay for activities necessary for the development and implementation of a comprehensive conservation and management plan under this section. (3) Federal share The Federal share of a grant to any person (including a State, interstate, or regional agency or entity) under this subsection for a fiscal year (A) shall not exceed (i) 75 percent of the annual aggregate costs of the development of a comprehensive conservation and management plan; and (ii) 50 percent of the annual aggregate costs of the implementation of the plan; and (B) shall be made on condition that the non-Federal share of the costs are provided from non-Federal sources. (4) Competitive awards (A) In general Using the amounts made available under subsection (i)(2)(B), the Administrator shall make competitive awards under this paragraph. (B) Application for awards The Administrator shall solicit applications for awards under this paragraph from State, interstate, and regional water pollution control agencies and entities, State coastal zone management agencies, interstate agencies, other public or nonprofit private agencies, institutions, organizations, and individuals. (C) Selection of recipients In selecting award recipients under this paragraph, the Administrator shall select recipients that are best able to address urgent, emerging, and challenging issues that threaten the ecological and economic well-being of the estuaries selected by the Administrator under subsection (a)(2), or that relate to the coastal resiliency of such estuaries. Such issues shall include (i) extensive seagrass habitat losses resulting in significant impacts on fisheries and water quality; (ii) recurring harmful algae blooms; (iii) unusual marine mammal mortalities; (iv) invasive exotic species that may threaten wastewater systems and cause other damage; (v) jellyfish proliferation limiting community access to water during peak tourism seasons; (vi) stormwater runoff; (vii) accelerated land loss; (viii) flooding that may be related to sea level rise, extreme weather, or wetland degradation or loss; and (ix) low dissolved oxygen conditions in estuarine waters and related nutrient management. (h) Grant reporting Any person (including a State, interstate, or regional agency or entity) that receives a grant under subsection (g) shall report to the Administrator not later than 18 months after receipt of such grant and biennially thereafter on the progress being made under this section. (i) Authorization of appropriations (1) In general There is authorized to be appropriated to the Administrator $26,500,000 for each of fiscal years 2017 through 2021, and $50,000,000 for each of fiscal years 2022 through 2026, for (A) expenses relating to the administration of grants or awards by the Administrator under this section, including the award and oversight of grants and awards, except that such expenses may not exceed 5 percent of the amount appropriated under this subsection for a fiscal year; and (B) making grants and awards under subsection (g). (2) Allocations (A) Conservation and management plans Not less than 80 percent of the amount made available under this subsection for a fiscal year shall be used by the Administrator to provide grant assistance for the development, implementation, and monitoring of each of the conservation and management plans eligible for grant assistance under subsection (g)(2). (B) Competitive awards Not less than 15 percent of the amount made available under this subsection for a fiscal year shall be used by the Administrator for making competitive awards described in subsection (g)(4). (j) Research (1) Programs In order to determine the need to convene a management conference under this section or at the request of such a management conference, the Administrator shall coordinate and implement, through the National Marine Pollution Program Office and the National Marine Fisheries Service of the National Oceanic and Atmospheric Administration, as appropriate, for one or more estuarine zones (A) a long-term program of trend assessment monitoring measuring variations in pollutant concentrations, marine ecology, and other physical or biological environmental parameters which may affect estuarine zones, to provide the Administrator the capacity to determine the potential and actual effects of alternative management strategies and measures; (B) a program of ecosystem assessment assisting in the development of (i) baseline studies which determine the state of estuarine zones and the effects of natural and anthropogenic changes, and (ii) predictive models capable of translating information on specific discharges or general pollutant loadings within estuarine zones into a set of probable effects on such zones; (C) a comprehensive water quality sampling program for the continuous monitoring of nutrients, chlorine, acid precipitation dissolved oxygen, and potentially toxic pollutants (including organic chemicals and metals) in estuarine zones, after consultation with interested State, local, interstate, or international agencies and review and analysis of all environmental sampling data presently collected from estuarine zones; and (D) a program of research to identify the movements of nutrients, sediments and pollutants through estuarine zones and the impact of nutrients, sediments, and pollutants on water quality, the ecosystem, and designated or potential uses of the estuarine zones. (2) Reports The Administrator, in cooperation with the Administrator of the National Oceanic and Atmospheric Administration, shall submit to the Congress no less often than biennially a comprehensive report on the activities authorized under this subsection including (A) a listing of priority monitoring and research needs; (B) an assessment of the state and health of the Nations estuarine zones, to the extent evaluated under this subsection; (C) a discussion of pollution problems and trends in pollutant concentrations with a direct or indirect effect on water quality, the ecosystem, and designated or potential uses of each estuarine zone, to the extent evaluated under this subsection; and (D) an evaluation of pollution abatement activities and management measures so far implemented to determine the degree of improvement toward the objectives expressed in subsection (b)(4) of this section. (k) Definitions For purposes of this section, the terms estuary and estuarine zone have the meanings such terms have in section 1254(n)(4) of this title ( June 30, 1948, ch. 758 Pub. L. 1004, title III,  317(b) Feb. 4, 1987 101 Stat. 61 Pub. L. 100202,  101(f) [title II, 201] Dec. 22, 1987 101 Stat. 1329187 Pub. L. 100653, title X,  1004 Nov. 14, 1988 102 Stat. 3836 Pub. L. 100688, title II,  2001 Nov. 18, 1988 102 Stat. 4151 Pub. L. 105362, title V,  501(a)(2) Nov. 10, 1998 112 Stat. 3283 Pub. L. 106457, title III Nov. 7, 2000 114 Stat. 1972 Pub. L. 107303, title III,  302(b)(1) Nov. 27, 2002 116 Stat. 2361 Pub. L. 108399,  1 Oct. 30, 2004 118 Stat. 2253 Pub. L. 114162 May 20, 2016 130 Stat. 409 Pub. L. 116337 Jan. 13, 2021 134 Stat. 5120  Editorial Notes  References in Text Executive Order 12372, referred to in subsec. (b), is Ex. Ord. No. 12372, July 14, 1982 section 6506 of Title 31 Amendments 2021Subsec. (a)(2)(B). Pub. L. 116337,  2 Subsec. (b)(4). Pub. L. 116337,  3 Subsec. (c)(5). Pub. L. 116337,  4 Subsec. (g)(4)(C). Pub. L. 116337,  5(1) Subsec. (g)(4)(C)(vi), (vii). Pub. L. 116337,  5(2) Subsec. (g)(4)(C)(viii). Pub. L. 116337,  5(2) Subsec. (g)(4)(C)(ix). Pub. L. 116337,  5(2) Subsec. (i)(1). Pub. L. 116337,  6 2016Subsec. (g)(4). Pub. L. 114162,  1 Subsec. (i). Pub. L. 114162,  2 2004Subsec. (i). Pub. L. 108399 2002Subsec. (k). Pub. L. 107303 Pub. L. 105362,  501(a)(2) 2000Subsec. (a)(2)(B). Pub. L. 106457,  301 Subsec. (g)(2), (3). Pub. L. 106457,  302 (2) Purposes (3) Federal share Subsec. (i). Pub. L. 106457,  303 1998Subsec. (k). Pub. L. 105362,  501(a)(2) Pub. L. 107303 1988Subsec. (a)(2)(B). Pub. L. 100653,  1004 Pub. L. 100688,  2001(1) Pub. L. 100688,  2001(2) Pub. L. 100688,  2001(3) 1987Subsec. (a)(2)(B). Pub. L. 100202 Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by Pub. L. 107303 Nov. 10, 1998 33 U.S.C. 1251 Nov. 27, 2002 Pub. L. 105362 section 302(b) of Pub. L. 107303 section 1254 of this title Massachusetts Bay Protection; Definition; Findings and Purpose; Funding Sources Pub. L. 100653, title X Nov. 14, 1988 102 Stat. 3835  SEC. 1002. DEFINITION. For purposes of this title [amending section 1330 of this title SEC. 1003. FINDINGS AND PURPOSE. (a)  Findings The Congress finds and declares that (1) Massachusetts Bay comprises a single major estuarine and oceanographic system extending from Cape Ann, Massachusetts south to the northern reaches of Cape Cod, encompassing Boston Harbor, Massachusetts Bay, and Cape Cod Bay; (2) several major riverine systems, including the Charles, Neponset, and Mystic Rivers, drain the watersheds of eastern Massachusetts into the Bay; (3) the shorelines of Massachusetts Bay, first occupied in the middle 1600s, are home to over 4 million people and support a thriving industrial and recreational economy; (4) Massachusetts Bay supports important commercial fisheries, including lobsters, finfish, and shellfisheries, and is home to or frequented by several endangered species and marine mammals; (5) Massachusetts Bay also constitutes an important recreational resource, providing fishing, swimming, and boating opportunities to the region; (6) rapidly expanding coastal populations and pollution pose increasing threats to the long-term health and integrity of Massachusetts Bay; (7) while the cleanup of Boston Harbor will contribute significantly to improving the overall environmental quality of Massachusetts Bay, expanded efforts encompassing the entire ecosystem will be necessary to ensure its long-term health; (8) the concerted efforts of all levels of Government, the private sector, and the public at large will be necessary to protect and enhance the environmental integrity of Massachusetts Bay; and (9) the designation of Massachusetts Bay as an Estuary of National Significance and the development of a comprehensive plan for protecting and restoring the Bay may contribute significantly to its long-term health and environmental integrity. (b)  Purpose The purpose of this title is to protect and enhance the environmental quality of Massachusetts Bay by providing for its designation as an Estuary of National Significance and by providing for the preparation of a comprehensive restoration plan for the Bay. SEC. 1005. FUNDING SOURCES. Within one year of enactment [ Nov. 14, 1988 33 U.S.C. 1330 Purposes and Policies of National Estuary Program Pub. L. 1004, title III,  317(a) Feb. 4, 1987 101 Stat. 61  (1)  Findings Congress finds and declares that (A) the Nations estuaries are of great importance for fish and wildlife resources and recreation and economic opportunity; (B) maintaining the health and ecological integrity of these estuaries is in the national interest; (C) increasing coastal population, development, and other direct and indirect uses of these estuaries threaten their health and ecological integrity; (D) long-term planning and management will contribute to the continued productivity of these areas, and will maximize their utility to the Nation; and (E) better coordination among Federal and State programs affecting estuaries will increase the effectiveness and efficiency of the national effort to protect, preserve, and restore these areas. (2)  Purposes The purposes of this section [enacting this section] are to (A) identify nationally significant estuaries that are threatened by pollution, development, or overuse; (B) promote comprehensive planning for, and conservation and management of, nationally significant estuaries; (C) encourage the preparation of management plans for estuaries of national significance; and (D) enhance the coordination of estuarine research. SUBCHAPTER IV PERMITS AND LICENSES  1341. Certification (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 (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 April 3, 1970 April 3, 1970 April 3, 1973 (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 section 1317 of this title ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 877 Pub. L. 95217 Dec. 27, 1977 91 Stat. 1598  Editorial Notes Amendments 1977Subsec. (a). Pub. L. 95217 section 1313 of this title  1342. National pollutant discharge elimination system (a) Permits for discharge of pollutants (1) Except as provided in sections 1328 and 1344 of this title, the Administrator may, after opportunity for public hearing issue a permit for the discharge of any pollutant, or combination of pollutants, notwithstanding section 1311(a) of this title (2) The Administrator shall prescribe conditions for such permits to assure compliance with the requirements of paragraph (1) of this subsection, including conditions on data and information collection, reporting, and such other requirements as he deems appropriate. (3) The permit program of the Administrator under paragraph (1) of this subsection, and permits issued thereunder, shall be subject to the same terms, conditions, and requirements as apply to a State permit program and permits issued thereunder under subsection (b) of this section. (4) All permits for discharges into the navigable waters issued pursuant to section 407 of this title section 407 of this title (5) No permit for a discharge into the navigable waters shall be issued under section 407 of this title October 18, 1972 section 407 of this title October 18, 1972 October 18, 1972 section 1314(i)(2) of this title (b) State permit programs At any time after the promulgation of the guidelines required by subsection (i)(2) of section 1314 of this title (1) To issue permits which (A) apply, and insure compliance with, any applicable requirements of sections 1311, 1312, 1316, 1317, and 1343 of this title; (B) are for fixed terms not exceeding five years; and (C) can be terminated or modified for cause including, but not limited to, the following: (i) violation of any condition of the permit; (ii) obtaining a permit by misrepresentation, or failure to disclose fully all relevant facts; (iii) change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge; (D) control the disposal of pollutants into wells; (2) (A) To issue permits which apply, and insure compliance with, all applicable requirements of section 1318 of this title (B) To inspect, monitor, enter, and require reports to at least the same extent as required in section 1318 of this title (3) To insure that the public, and any other State the waters of which may be affected, receive notice of each application for a permit and to provide an opportunity for public hearing before a ruling on each such application; (4) To insure that the Administrator receives notice of each application (including a copy thereof) for a permit; (5) To insure that any State (other than the permitting State), whose waters may be affected by the issuance of a permit may submit written recommendations to the permitting State (and the Administrator) with respect to any permit application and, if any part of such written recommendations are not accepted by the permitting State, that the permitting State will notify such affected State (and the Administrator) in writing of its failure to so accept such recommendations together with its reasons for so doing; (6) To insure that no permit will be issued if, in the judgment of the Secretary of the Army acting through the Chief of Engineers, after consultation with the Secretary of the department in which the Coast Guard is operating, anchorage and navigation of any of the navigable waters would be substantially impaired thereby; (7) To abate violations of the permit or the permit program, including civil and criminal penalties and other ways and means of enforcement; (8) To insure that any permit for a discharge from a publicly owned treatment works includes conditions to require the identification in terms of character and volume of pollutants of any significant source introducing pollutants subject to pretreatment standards under section 1317(b) of this title section 1316 of this title section 1311 of this title (9) To insure that any industrial user of any publicly owned treatment works will comply with sections 1284(b), 1317, and 1318 of this title. (c) Suspension of Federal program upon submission of State program; withdrawal of approval of State program; return of State program to Administrator (1) Not later than ninety days after the date on which a State has submitted a program (or revision thereof) pursuant to subsection (b) of this section, the Administrator shall suspend the issuance of permits under subsection (a) of this section as to those discharges subject to such program unless he determines that the State permit program does not meet the requirements of subsection (b) of this section or does not conform to the guidelines issued under section 1314(i)(2) of this title (2) Any State permit program under this section shall at all times be in accordance with this section and guidelines promulgated pursuant to section 1314(i)(2) of this title (3) Whenever the Administrator determines after public hearing that a State is not administering a program approved under this section in accordance with requirements of this section, he shall so notify the State and, if appropriate corrective action is not taken within a reasonable time, not to exceed ninety days, the Administrator shall withdraw approval of such program. The Administrator shall not withdraw approval of any such program unless he shall first have notified the State, and made public, in writing, the reasons for such withdrawal. (4)  Limitations on partial permit program returns and withdrawals A State may return to the Administrator administration, and the Administrator may withdraw under paragraph (3) of this subsection approval, of (A) a State partial permit program approved under subsection (n)(3) only if the entire permit program being administered by the State department or agency at the time is returned or withdrawn; and (B) a State partial permit program approved under subsection (n)(4) only if an entire phased component of the permit program being administered by the State at the time is returned or withdrawn. (d) Notification of Administrator (1) Each State shall transmit to the Administrator a copy of each permit application received by such State and provide notice to the Administrator of every action related to the consideration of such permit application, including each permit proposed to be issued by such State. (2) No permit shall issue (A) if the Administrator within ninety days of the date of his notification under subsection (b)(5) of this section objects in writing to the issuance of such permit, or (B) if the Administrator within ninety days of the date of transmittal of the proposed permit by the State objects in writing to the issuance of such permit as being outside the guidelines and requirements of this chapter. Whenever the Administrator objects to the issuance of a permit under this paragraph such written objection shall contain a statement of the reasons for such objection and the effluent limitations and conditions which such permit would include if it were issued by the Administrator. (3) The Administrator may, as to any permit application, waive paragraph (2) of this subsection. (4) In any case where, after December 27, 1977 (e) Waiver of notification requirement In accordance with guidelines promulgated pursuant to subsection (i)(2) of section 1314 of this title (f) Point source categories The Administrator shall promulgate regulations establishing categories of point sources which he determines shall not be subject to the requirements of subsection (d) of this section in any State with a program approved pursuant to subsection (b) of this section. The Administrator may distinguish among classes, types, and sizes within any category of point sources. (g) Other regulations for safe transportation, handling, carriage, storage, and stowage of pollutants Any permit issued under this section for the discharge of pollutants into the navigable waters from a vessel or other floating craft shall be subject to any applicable regulations promulgated by the Secretary of the department in which the Coast Guard is operating, establishing specifications for safe transportation, handling, carriage, storage, and stowage of pollutants. (h) Violation of permit conditions; restriction or prohibition upon introduction of pollutant by source not previously utilizing treatment works In the event any condition of a permit for discharges from a treatment works (as defined in section 1292 of this title section 1319(a) of this title (i) Federal enforcement not limited Nothing in this section shall be construed to limit the authority of the Administrator to take action pursuant to section 1319 of this title (j) Public information A copy of each permit application and each permit issued under this section shall be available to the public. Such permit application or permit, or portion thereof, shall further be available on request for the purpose of reproduction. (k) Compliance with permits Compliance with a permit issued pursuant to this section shall be deemed compliance, for purposes of sections 1319 and 1365 of this title, with sections 1311, 1312, 1316, 1317, and 1343 of this title, except any standard imposed under section 1317 of this title December 31, 1974 section 407 of this title October 18, 1972 section 407 of this title (l) Limitation on permit requirement (1) Agricultural return flows The Administrator shall not require a permit under this section for discharges composed entirely of return flows from irrigated agriculture, nor shall the Administrator directly or indirectly, require any State to require such a permit. (2) Stormwater runoff from oil, gas, and mining operations The Administrator shall not require a permit under this section, nor shall the Administrator directly or indirectly require any State to require a permit, for discharges of stormwater runoff from mining operations or oil and gas exploration, production, processing, or treatment operations or transmission facilities, composed entirely of flows which are from conveyances or systems of conveyances (including but not limited to pipes, conduits, ditches, and channels) used for collecting and conveying precipitation runoff and which are not contaminated by contact with, or do not come into contact with, any overburden, raw material, intermediate products, finished product, byproduct, or waste products located on the site of such operations. (3) Silvicultural activities (A)  NPDES permit requirements for silvicultural activities The Administrator shall not require a permit under this section nor directly or indirectly require any State to require a permit under this section for a discharge from runoff resulting from the conduct of the following silviculture activities conducted in accordance with standard industry practice: nursery operations, site preparation, reforestation and subsequent cultural treatment, thinning, prescribed burning, pest and fire control, harvesting operations, surface drainage, or road construction and maintenance. (B)  Other requirements Nothing in this paragraph exempts a discharge from silvicultural activity from any permitting requirement under section 1344 of this title section 1342 of this title (C) The authorization provided in Section 1 1 2 2 l 2 l 2 (m) Additional pretreatment of conventional pollutants not required To the extent a treatment works (as defined in section 1292 of this title section 1314(a)(4) of this title section 1317(b)(1) of this title (n) Partial permit program (1) State submission The Governor of a State may submit under subsection (b) of this section a permit program for a portion of the discharges into the navigable waters in such State. (2) Minimum coverage A partial permit program under this subsection shall cover, at a minimum, administration of a major category of the discharges into the navigable waters of the State or a major component of the permit program required by subsection (b). (3) Approval of major category partial permit programs The Administrator may approve a partial permit program covering administration of a major category of discharges under this subsection if (A) such program represents a complete permit program and covers all of the discharges under the jurisdiction of a department or agency of the State; and (B) the Administrator determines that the partial program represents a significant and identifiable part of the State program required by subsection (b). (4) Approval of major component partial permit programs The Administrator may approve under this subsection a partial and phased permit program covering administration of a major component (including discharge categories) of a State permit program required by subsection (b) if (A) the Administrator determines that the partial program represents a significant and identifiable part of the State program required by subsection (b); and (B) the State submits, and the Administrator approves, a plan for the State to assume administration by phases of the remainder of the State program required by subsection (b) by a specified date not more than 5 years after submission of the partial program under this subsection and agrees to make all reasonable efforts to assume such administration by such date. (o) Anti-backsliding (1) General prohibition In the case of effluent limitations established on the basis of subsection (a)(1)(B) of this section, a permit may not be renewed, reissued, or modified on the basis of effluent guidelines promulgated under section 1314(b) of this title section 1313(d)(4) of this title (2) Exceptions A permit with respect to which paragraph (1) applies may be renewed, reissued, or modified to contain a less stringent effluent limitation applicable to a pollutant if (A) material and substantial alterations or additions to the permitted facility occurred after permit issuance which justify the application of a less stringent effluent limitation; (B) (i) information is available which was not available at the time of permit issuance (other than revised regulations, guidance, or test methods) and which would have justified the application of a less stringent effluent limitation at the time of permit issuance; or (ii) the Administrator determines that technical mistakes or mistaken interpretations of law were made in issuing the permit under subsection (a)(1)(B); (C) a less stringent effluent limitation is necessary because of events over which the permittee has no control and for which there is no reasonably available remedy; (D) the permittee has received a permit modification under section 1311(c), 1311(g), 1311(h), 1311(i), 1311(k), 1311(n), or 1326(a) of this title; or (E) the permittee has installed the treatment facilities required to meet the effluent limitations in the previous permit and has properly operated and maintained the facilities but has nevertheless been unable to achieve the previous effluent limitations, in which case the limitations in the reviewed, reissued, or modified permit may reflect the level of pollutant control actually achieved (but shall not be less stringent than required by effluent guidelines in effect at the time of permit renewal, reissuance, or modification). Subparagraph (B) shall not apply to any revised waste load allocations or any alternative grounds for translating water quality standards into effluent limitations, except where the cumulative effect of such revised allocations results in a decrease in the amount of pollutants discharged into the concerned waters, and such revised allocations are not the result of a discharger eliminating or substantially reducing its discharge of pollutants due to complying with the requirements of this chapter or for reasons otherwise unrelated to water quality. (3) Limitations In no event may a permit with respect to which paragraph (1) applies be renewed, reissued, or modified to contain an effluent limitation which is less stringent than required by effluent guidelines in effect at the time the permit is renewed, reissued, or modified. In no event may such a permit to discharge into waters be renewed, reissued, or modified to contain a less stringent effluent limitation if the implementation of such limitation would result in a violation of a water quality standard under section 1313 of this title (p) Municipal and industrial stormwater discharges (1) General rule Prior to October 1, 1994 (2) Exceptions Paragraph (1) shall not apply with respect to the following stormwater discharges: (A) A discharge with respect to which a permit has been issued under this section before February 4, 1987 (B) A discharge associated with industrial activity. (C) A discharge from a municipal separate storm sewer system serving a population of 250,000 or more. (D) A discharge from a municipal separate storm sewer system serving a population of 100,000 or more but less than 250,000. (E) A discharge for which the Administrator or the State, as the case may be, determines that the stormwater discharge contributes to a violation of a water quality standard or is a significant contributor of pollutants to waters of the United States. (3) Permit requirements (A) Industrial discharges Permits for discharges associated with industrial activity shall meet all applicable provisions of this section and section 1311 of this title (B) Municipal discharge Permits for discharges from municipal storm sewers (i) may be issued on a system- or jurisdiction-wide basis; (ii) shall include a requirement to effectively prohibit non-stormwater discharges into the storm sewers; and (iii) shall require controls to reduce the discharge of pollutants to the maximum extent practicable, including management practices, control techniques and system, design and engineering methods, and such other provisions as the Administrator or the State determines appropriate for the control of such pollutants. (4) Permit application requirements (A) Industrial and large municipal discharges Not later than 2 years after February 4, 1987 February 4, 1987 February 4, 1987 (B) Other municipal discharges Not later than 4 years after February 4, 1987 February 4, 1987 February 4, 1987 (5) Studies The Administrator, in consultation with the States, shall conduct a study for the purposes of (A) identifying those stormwater discharges or classes of stormwater discharges for which permits are not required pursuant to paragraphs (1) and (2) of this subsection; (B) determining, to the maximum extent practicable, the nature and extent of pollutants in such discharges; and (C) establishing procedures and methods to control stormwater discharges to the extent necessary to mitigate impacts on water quality. Not later than October 1, 1988 October 1, 1989 (6) Regulations Not later than October 1, 1993 (q) Combined sewer overflows (1) Requirement for permits, orders, and decrees Each permit, order, or decree issued pursuant to this chapter after December 21, 2000 April 11, 1994 (2) Water quality and designated use review guidance Not later than July 31, 2001 (3) Report Not later than September 1, 2001 (r) Discharges incidental to the normal operation of recreational vessels No permit shall be required under this chapter by the Administrator (or a State, in the case of a permit program approved under subsection (b)) for the discharge of any graywater, bilge water, cooling water, weather deck runoff, oil water separator effluent, or effluent from properly functioning marine engines, or any other discharge that is incidental to the normal operation of a vessel, if the discharge is from a recreational vessel. (s) Integrated plans (1) Definition of integrated plan In this subsection, the term integrated plan means a plan developed in accordance with the Integrated Municipal Stormwater and Wastewater Planning Approach Framework, issued by the Environmental Protection Agency and dated June 5, 2012 (2) In general The Administrator (or a State, in the case of a permit program approved by the Administrator) shall inform municipalities of the opportunity to develop an integrated plan that may be incorporated into a permit under this section. (3) Scope (A) Scope of permit incorporating integrated plan A permit issued under this section that incorporates an integrated plan may integrate all requirements under this chapter addressed in the integrated plan, including requirements relating to (i) a combined sewer overflow; (ii) a capacity, management, operation, and maintenance program for sanitary sewer collection systems; (iii) a municipal stormwater discharge; (iv) a municipal wastewater discharge; and (v) a water quality-based effluent limitation to implement an applicable wasteload allocation in a total maximum daily load. (B) Inclusions in integrated plan An integrated plan incorporated into a permit issued under this section may include the implementation of (i) projects, including innovative projects, to reclaim, recycle, or reuse water; and (ii) green infrastructure. (4) Compliance schedules (A) In general A permit issued under this section that incorporates an integrated plan may include a schedule of compliance, under which actions taken to meet any applicable water quality-based effluent limitation may be implemented over more than 1 permit term if the schedule of compliance (i) is authorized by State water quality standards; and (ii) meets the requirements of section 122.47 of title 40, Code of Federal Regulations (as in effect on January 14, 2019 (B) Time for compliance For purposes of subparagraph (A)(ii), the requirement of section 122.47 of title 40, Code of Federal Regulations, for compliance by an applicable statutory deadline under this chapter does not prohibit implementation of an applicable water quality-based effluent limitation over more than 1 permit term. (C) Review A schedule of compliance incorporated into a permit issued under this section may be reviewed at the time the permit is renewed to determine whether the schedule should be modified. (5) Existing authorities retained (A) Applicable standards Nothing in this subsection modifies any obligation to comply with applicable technology and water quality-based effluent limitations under this chapter. (B) Flexibility Nothing in this subsection reduces or eliminates any flexibility available under this chapter, including the authority of a State to revise a water quality standard after a use attainability analysis under section 131.10(g) of title 40, Code of Federal Regulations (or a successor regulation), subject to the approval of the Administrator under section 1313(c) of this title (6) Clarification of State authority (A) In general Nothing in section 1311(b)(1)(C) of this title (B) Transition rule In any case in which a discharge is subject to a judicial order or consent decree, as of January 14, 2019 ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 880 Pub. L. 95217 Dec. 27, 1977 91 Stat. 1577 Pub. L. 1004, title IV Feb. 4, 1987 101 Stat. 6567 Pub. L. 10466, title II,  2021(e)(2) Dec. 21, 1995 109 Stat. 727 Pub. L. 102580, title III,  364 Oct. 31, 1992 106 Stat. 4862 Pub. L. 106554,  1(a)(4) [div. B, title I,  112(a)] Dec. 21, 2000 114 Stat. 2763 Pub. L. 110288,  2 July 29, 2008 122 Stat. 2650 Pub. L. 11379, title XII,  12313 Feb. 7, 2014 128 Stat. 992 Pub. L. 115436,  3(a) Jan. 14, 2019 132 Stat. 5558  Editorial Notes Amendments 2019Subsec. (s). Pub. L. 115436 2014Subsec. ( l Pub. L. 11379 2008Subsec. (r). Pub. L. 110288 2000Subsec. (q). Pub. L. 106554 1992Subsec. (p)(1), (6). Pub. L. 102580 October 1, 1994 October 1, 1992 October 1, 1993 October 1, 1992 1987Subsec. (a)(1). Pub. L. 1004,  404(c) Subsec. (c)(1). Pub. L. 1004,  403(b)(2) Subsec. (c)(4). Pub. L. 1004,  403(b)(1) Subsec. ( l Pub. L. 1004,  401 Subsecs. (m) to (p). Pub. L. 1004 1977Subsec. (a)(5). Pub. L. 95217,  50 Subsec. (b). Pub. L. 95217,  50 Subsec. (b)(8). Pub. L. 95217,  54(c)(1) section 1317(b) of this title Subsec. (c)(1), (2). Pub. L. 95217,  50 Subsec. (d)(2). Pub. L. 95217,  65(b) Subsec. (d)(4). Pub. L. 95217,  65(a) Subsec. (e). Pub. L. 95217,  50 Subsec. (h). Pub. L. 95217,  66 section 1319(a) of this title Subsec. ( l Pub. L. 95217,  33(c) l Statutory Notes and Related Subsidiaries  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 section 542 of Title 6 Permit Requirements for Discharges From Certain Vessels Pub. L. 110299 July 31, 2008 122 Stat. 2995 Pub. L. 111215,  1 July 30, 2010 124 Stat. 2347 Pub. L. 112213, title VII,  703 Dec. 20, 2012 126 Stat. 1580 Pub. L. 113281, title VI,  602 Dec. 18, 2014 128 Stat. 3061 Pub. L. 115100,  1 Jan. 3, 2018 131 Stat. 2245 July 31, 2008 Jan. 19, 2018 Pub. L. 115282, title IX,  903(a)(2)(A)(ii) Dec. 4, 2018 132 Stat. 4354 Stormwater Permit Requirements Pub. L. 102240, title I,  1068 Dec. 18, 1991 105 Stat. 2007  (a)  General Rule Notwithstanding the requirements of sections 402(p)(2)(B), (C), and (D) of the Federal Water Pollution Control Act [ 33 U.S.C. 1342(p)(2)(B) (b)  Permit Applications. (1)  Individual applications The Administrator shall require individual permit applications for discharges described in subsection (a) on or before October 1, 1992 (2)  Group applications With respect to group applications for permits for discharges described in subsection (a), the Administrator shall require (A) part I applications on or before September 30, 1991 May 18, 1992 (B) part II applications on or before October 1, 1992 May 17, 1993 (c)  Municipalities With Less Than Population The Administrator shall not require any municipality with a population of less than 100,000 to apply for or obtain a permit for any stormwater discharge associated with an industrial activity other than an airport, powerplant, or uncontrolled sanitary landfill owned or operated by such municipality before October 1, 1992 33 U.S.C. 1342(p)(2)(A) (d)  Uncontrolled Sanitary Landfill Defined For the purposes of this section, the term uncontrolled sanitary landfill means a landfill or open dump, whether in operation or closed, that does not meet the requirements for run-on and run-off controls established pursuant to subtitle D of the Solid Waste Disposal Act [ 42 U.S.C. 6941 (e)  Limitation on Statutory Construction Nothing in this section shall be construed to affect any application or permit requirement, including any deadline, to apply for or obtain a permit for stormwater discharges subject to section 402(p)(2)(A) or (E) of the Federal Water Pollution Control Act [ 33 U.S.C. 1342(p)(2)(A) (f)  Regulations The Administrator shall issue final regulations with respect to general permits for stormwater discharges associated with industrial activity on or before February 1, 1992 Phosphate Fertilizer Effluent Limitation Pub. L. 1004, title III,  306(c) Feb. 4, 1987 101 Stat. 36  (1)  Issuance of permit As soon as possible after the date of the enactment of this Act [ Feb. 4, 1987 33 U.S.C. 1342(a)(1)(B) (A) which were under construction on or before April 8, 1974 (B) for which the Administrator is proposing to revise the applicability of the effluent limitation established under section 301(b) of such Act [ 33 U.S.C. 1311(b) (2)  Limitations on statutory construction Nothing in this section [amending section 1311 of this title (A) to require the Administrator to permit the discharge of gypsum or gypsum waste into the navigable waters, (B) to affect the procedures and standards applicable to the Administrator in issuing permits under section 402(a)(1)(B) of the Federal Water Pollution Control Act [ 33 U.S.C. 1342(a)(1)(B) (C) to affect the authority of any State to deny or condition certification under section 401 of such Act [ 33 U.S.C. 1341 Log Transfer Facilities Pub. L. 1004, title IV,  407 Feb. 4, 1987 101 Stat. 74  (a)  Agreement The Administrator and Secretary of the Army shall enter into an agreement regarding coordination of permitting for log transfer facilities to designate a lead agency and to process permits required under sections 402 and 404 of the Federal Water Pollution Control Act [ 33 U.S.C. 1342 (b)  Applications and Permits Before October Where both of sections 402 and 404 of the Federal Water Pollution Control Act [ 33 U.S.C. 1342 October 22, 1985 October 22, 1985 33 U.S.C. 1311 October 22, 1985 (c)  Log Transfer Facility Defined For the purposes of this section, the term log transfer facility means a facility which is constructed in whole or in part in waters of the United States and which is utilized for the purpose of transferring commercially harvested logs to or from a vessel or log raft, including the formation of a log raft. Allowable Delay in Modifying Existing Approved State Permit Programs To Conform to 1977 Amendment Pub. L. 95217,  54(c)(2) Dec. 27, 1977 91 Stat. 1591 Dec. 27, 1977 section 54(c)(1) of Pub. L. 95217 Dec. 27, 1977 Dec. 27, 1977 Executive Documents  Transfer of Functions Enforcement functions of Administrator or other official of the Environmental Protection Agency under this section relating to compliance with national pollutant discharge elimination system permits with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas were transferred to the Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, until the first anniversary of the date of initial operation of the Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979,  102(a), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373 July 1, 1979 section 3012(b) of Pub. L. 102486 section 719e of Title 15 section 720d(f) of Title 15  1343. Ocean discharge criteria (a) Issuance of permits No permit under section 1342 of this title section 1342 of this title (b) Waiver The requirements of subsection (d) of section 1342 of this title (c) Guidelines for determining degradation of waters (1) The Administrator shall, within one hundred and eighty days after October 18, 1972 (A) the effect of disposal of pollutants on human health or welfare, including but not limited to plankton, fish, shellfish, wildlife, shorelines, and beaches; (B) the effect of disposal of pollutants on marine life including the transfer, concentration, and dispersal of pollutants or their byproducts through biological, physical, and chemical processes; changes in marine ecosystem diversity, productivity, and stability; and species and community population changes; (C) the effect of disposal, of pollutants on esthetic, recreation, and economic values; (D) the persistence and permanence of the effects of disposal of pollutants; (E) the effect of the disposal of varying rates, of particular volumes and concentrations of pollutants; (F) other possible locations and methods of disposal or recycling of pollutants including land-based alternatives; and (G) the effect on alternate uses of the oceans, such as mineral exploitation and scientific study. (2) In any event where insufficient information exists on any proposed discharge to make a reasonable judgment on any of the guidelines established pursuant to this subsection no permit shall be issued under section 1342 of this title ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 883  Statutory Notes and Related Subsidiaries Discharges From Point Sources in United States Virgin Islands Attributable to Manufacture of Rum; Exemption; Conditions Discharges from point sources in the United States Virgin Islands in existence on Aug. 5, 1983 section 214(g) of Pub. L. 9867 section 1311 of this title Executive Documents  Territorial Sea and Contiguous Zone of United States For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No. 7219, respectively, set out as notes under section 1331 of Title 43  1344. Permits for dredged or fill material (a) Discharge into navigable waters at specified disposal sites The Secretary may issue permits, after notice and opportunity for public hearings for the discharge of dredged or fill material into the navigable waters at specified disposal sites. Not later than the fifteenth day after the date an applicant submits all the information required to complete an application for a permit under this subsection, the Secretary shall publish the notice required by this subsection. (b) Specification for disposal sites Subject to subsection (c) of this section, each such disposal site shall be specified for each such permit by the Secretary (1) through the application of guidelines developed by the Administrator, in conjunction with the Secretary, which guidelines shall be based upon criteria comparable to the criteria applicable to the territorial seas, the contiguous zone, and the ocean under section 1343(c) of this title (c) Denial or restriction of use of defined areas as disposal sites The Administrator is authorized to prohibit the specification (including the withdrawal of specification) of any defined area as a disposal site, and he is authorized to deny or restrict the use of any defined area for specification (including the withdrawal of specification) as a disposal site, whenever he determines, after notice and opportunity for public hearings, that the discharge of such materials into such area will have an unacceptable adverse effect on municipal water supplies, shellfish beds and fishery areas (including spawning and breeding areas), wildlife, or recreational areas. Before making such determination, the Administrator shall consult with the Secretary. The Administrator shall set forth in writing and make public his findings and his reasons for making any determination under this subsection. (d) Secretary defined The term Secretary as used in this section means the Secretary of the Army, acting through the Chief of Engineers. (e) General permits on State, regional, or nationwide basis (1) In carrying out his functions relating to the discharge of dredged or fill material under this section, the Secretary may, after notice and opportunity for public hearing, issue general permits on a State, regional, or nationwide basis for any category of activities involving discharges of dredged or fill material if the Secretary determines that the activities in such category are similar in nature, will cause only minimal adverse environmental effects when performed separately, and will have only minimal cumulative adverse effect on the environment. Any general permit issued under this subsection shall (A) be based on the guidelines described in subsection (b)(1) of this section, and (B) set forth the requirements and standards which shall apply to any activity authorized by such general permit. (2) No general permit issued under this subsection shall be for a period of more than five years after the date of its issuance and such general permit may be revoked or modified by the Secretary if, after opportunity for public hearing, the Secretary determines that the activities authorized by such general permit have an adverse impact on the environment or such activities are more appropriately authorized by individual permits. (f) Non-prohibited discharge of dredged or fill material (1) Except as provided in paragraph (2) of this subsection, the discharge of dredged or fill material (A) from normal farming, silviculture, and ranching activities such as plowing, seeding, cultivating, minor drainage, harvesting for the production of food, fiber, and forest products, or upland soil and water conservation practices; (B) for the purpose of maintenance, including emergency reconstruction of recently damaged parts, of currently serviceable structures such as dikes, dams, levees, groins, riprap, breakwaters, causeways, and bridge abutments or approaches, and transportation structures; (C) for the purpose of construction or maintenance of farm or stock ponds or irrigation ditches, or the maintenance of drainage ditches; (D) for the purpose of construction of temporary sedimentation basins on a construction site which does not include placement of fill material into the navigable waters; (E) for the purpose of construction or maintenance of farm roads or forest roads, or temporary roads for moving mining equipment, where such roads are constructed and maintained, in accordance with best management practices, to assure that flow and circulation patterns and chemical and biological characteristics of the navigable waters are not impaired, that the reach of the navigable waters is not reduced, and that any adverse effect on the aquatic environment will be otherwise minimized; (F) resulting from any activity with respect to which a State has an approved program under section 1288(b)(4) of this title is not prohibited by or otherwise subject to regulation under this section or section 1311(a) or 1342 of this title (except for effluent standards or prohibitions under section 1317 of this title (2) Any discharge of dredged or fill material into the navigable waters incidental to any activity having as its purpose bringing an area of the navigable waters into a use to which it was not previously subject, where the flow or circulation of navigable waters may be impaired or the reach of such waters be reduced, shall be required to have a permit under this section. (g) State administration (1) The Governor of any State desiring to administer its own individual and general permit program for the discharge of dredged or fill material into the navigable waters (other than those waters which are presently used, or are susceptible to use in their natural condition or by reasonable improvement as a means to transport interstate or foreign commerce shoreward to their ordinary high water mark, including all waters which are subject to the ebb and flow of the tide shoreward to their mean high water mark, or mean higher high water mark on the west coast, including wetlands adjacent thereto) within its jurisdiction may submit to the Administrator a full and complete description of the program it proposes to establish and administer under State law or under an interstate compact. In addition, such State shall submit a statement from the attorney general (or the attorney for those State agencies which have independent legal counsel), or from the chief legal officer in the case of an interstate agency, that the laws of such State, or the interstate compact, as the case may be, provide adequate authority to carry out the described program. (2) Not later than the tenth day after the date of the receipt of the program and statement submitted by any State under paragraph (1) of this subsection, the Administrator shall provide copies of such program and statement to the Secretary and the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service. (3) Not later than the ninetieth day after the date of the receipt by the Administrator of the program and statement submitted by any State, under paragraph (1) of this subsection, the Secretary and the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall submit any comments with respect to such program and statement to the Administrator in writing. (h) Determination of States authority to issue permits under State program; approval; notification; transfers to State program (1) Not later than the one-hundred-twentieth day after the date of the receipt by the Administrator of a program and statement submitted by any State under paragraph (1) of this subsection, the Administrator shall determine, taking into account any comments submitted by the Secretary and the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, pursuant to subsection (g) of this section, whether such State has the following authority with respect to the issuance of permits pursuant to such program: (A) To issue permits which (i) apply, and assure compliance with, any applicable requirements of this section, including, but not limited to, the guidelines established under subsection (b)(1) of this section, and sections 1317 and 1343 of this title; (ii) are for fixed terms not exceeding five years; and (iii) can be terminated or modified for cause including, but not limited to, the following: (I) violation of any condition of the permit; (II) obtaining a permit by misrepresentation, or failure to disclose fully all relevant facts; (III) change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge. (B) To issue permits which apply, and assure compliance with, all applicable requirements of section 1318 of this title section 1318 of this title (C) To assure that the public, and any other State the waters of which may be affected, receive notice of each application for a permit and to provide an opportunity for public hearing before a ruling on each such application. (D) To assure that the Administrator receives notice of each application (including a copy thereof) for a permit. (E) To assure that any State (other than the permitting State), whose waters may be affected by the issuance of a permit may submit written recommendations to the permitting State (and the Administrator) with respect to any permit application and, if any part of such written recommendations are not accepted by the permitting State, that the permitting State will notify such affected State (and the Administrator) in writing of its failure to so accept such recommendations together with its reasons for so doing. (F) To assure that no permit will be issued if, in the judgment of the Secretary, after consultation with the Secretary of the department in which the Coast Guard is operating, anchorage and navigation of any of the navigable waters would be substantially impaired thereby. (G) To abate violations of the permit or the permit program, including civil and criminal penalties and other ways and means of enforcement. (H) To assure continued coordination with Federal and Federal-State water-related planning and review processes. (2) If, with respect to a State program submitted under subsection (g)(1) of this section, the Administrator determines that such State (A) has the authority set forth in paragraph (1) of this subsection, the Administrator shall approve the program and so notify (i) such State and (ii) the Secretary, who upon subsequent notification from such State that it is administering such program, shall suspend the issuance of permits under subsections (a) and (e) of this section for activities with respect to which a permit may be issued pursuant to such State program; or (B) does not have the authority set forth in paragraph (1) of this subsection, the Administrator shall so notify such State, which notification shall also describe the revisions or modifications necessary so that such State may resubmit such program for a determination by the Administrator under this subsection. (3) If the Administrator fails to make a determination with respect to any program submitted by a State under subsection (g)(1) of this section within one-hundred-twenty days after the date of the receipt of such program, such program shall be deemed approved pursuant to paragraph (2)(A) of this subsection and the Administrator shall so notify such State and the Secretary who, upon subsequent notification from such State that it is administering such program, shall suspend the issuance of permits under subsection (a) and (e) of this section for activities with respect to which a permit may be issued by such State. (4) After the Secretary receives notification from the Administrator under paragraph (2) or (3) of this subsection that a State permit program has been approved, the Secretary shall transfer any applications for permits pending before the Secretary for activities with respect to which a permit may be issued pursuant to such State program to such State for appropriate action. (5) Upon notification from a State with a permit program approved under this subsection that such State intends to administer and enforce the terms and conditions of a general permit issued by the Secretary under subsection (e) of this section with respect to activities in such State to which such general permit applies, the Secretary shall suspend the administration and enforcement of such general permit with respect to such activities. (i) Withdrawal of approval Whenever the Administrator determines after public hearing that a State is not administering a program approved under subsection (h)(2)(A) of this section, in accordance with this section, including, but not limited to, the guidelines established under subsection (b)(1) of this section, the Administrator shall so notify the State, and, if appropriate corrective action is not taken within a reasonable time, not to exceed ninety days after the date of the receipt of such notification, the Administrator shall (1) withdraw approval of such program until the Administrator determines such corrective action has been taken, and (2) notify the Secretary that the Secretary shall resume the program for the issuance of permits under subsections (a) and (e) of this section for activities with respect to which the State was issuing permits and that such authority of the Secretary shall continue in effect until such time as the Administrator makes the determination described in clause (1) of this subsection and such State again has an approved program. (j) Copies of applications for State permits and proposed general permits to be transmitted to Administrator Each State which is administering a permit program pursuant to this section shall transmit to the Administrator (1) a copy of each permit application received by such State and provide notice to the Administrator of every action related to the consideration of such permit application, including each permit proposed to be issued by such State, and (2) a copy of each proposed general permit which such State intends to issue. Not later than the tenth day after the date of the receipt of such permit application or such proposed general permit, the Administrator shall provide copies of such permit application or such proposed general permit to the Secretary and the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service. If the Administrator intends to provide written comments to such State with respect to such permit application or such proposed general permit, he shall so notify such State not later than the thirtieth day after the date of the receipt of such application or such proposed general permit and provide such written comments to such State, after consideration of any comments made in writing with respect to such application or such proposed general permit by the Secretary and the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, not later than the ninetieth day after the date of such receipt. If such State is so notified by the Administrator, it shall not issue the proposed permit until after the receipt of such comments from the Administrator, or after such ninetieth day, whichever first occurs. Such State shall not issue such proposed permit after such ninetieth day if it has received such written comments in which the Administrator objects (A) to the issuance of such proposed permit and such proposed permit is one that has been submitted to the Administrator pursuant to subsection (h)(1)(E), or (B) to the issuance of such proposed permit as being outside the requirements of this section, including, but not limited to, the guidelines developed under subsection (b)(1) of this section unless it modifies such proposed permit in accordance with such comments. Whenever the Administrator objects to the issuance of a permit under the preceding sentence such written objection shall contain a statement of the reasons for such objection and the conditions which such permit would include if it were issued by the Administrator. In any case where the Administrator objects to the issuance of a permit, on request of the State, a public hearing shall be held by the Administrator on such objection. If the State does not resubmit such permit revised to meet such objection within 30 days after completion of the hearing or, if no hearing is requested within 90 days after the date of such objection, the Secretary may issue the permit pursuant to subsection (a) or (e) of this section, as the case may be, for such source in accordance with the guidelines and requirements of this chapter. (k) Waiver In accordance with guidelines promulgated pursuant to subsection (i)(2) of section 1314 of this title (l) Categories of discharges not subject to requirements The Administrator shall promulgate regulations establishing categories of discharges which he determines shall not be subject to the requirements of subsection (j) of this section in any State with a program approved pursuant to subsection (h)(2)(A) of this section. The Administrator may distinguish among classes, types, and sizes within any category of discharges. (m) Comments on permit applications or proposed general permits by Secretary of the Interior acting through Director of United States Fish and Wildlife Service Not later than the ninetieth day after the date on which the Secretary notifies the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service that (1) an application for a permit under subsection (a) of this section has been received by the Secretary, or (2) the Secretary proposes to issue a general permit under subsection (e) of this section, the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall submit any comments with respect to such application or such proposed general permit in writing to the Secretary. (n) Enforcement authority not limited Nothing in this section shall be construed to limit the authority of the Administrator to take action pursuant to section 1319 of this title (o) Public availability of permits and permit applications A copy of each permit application and each permit issued under this section shall be available to the public. Such permit application or portion thereof, shall further be available on request for the purpose of reproduction. (p) Compliance Compliance with a permit issued pursuant to this section, including any activity carried out pursuant to a general permit issued under this section, shall be deemed compliance, for purposes of sections 1319 and 1365 of this title, with sections 1311, 1317, and 1343 of this title. (q) Minimization of duplication, needless paperwork, and delays in issuance; agreements Not later than the one-hundred-eightieth day after December 27, 1977 (r) Federal projects specifically authorized by Congress The discharge of dredged or fill material as part of the construction of a Federal project specifically authorized by Congress, whether prior to or on or after December 27, 1977 section 1317 of this title 42 U.S.C. 4321 (s) Violation of permits (1) Whenever on the basis of any information available to him the Secretary finds that any person is in violation of any condition or limitation set forth in a permit issued by the Secretary under this section, the Secretary shall issue an order requiring such person to comply with such condition or limitation, or the Secretary shall bring a civil action in accordance with paragraph (3) of this subsection. (2) A copy of any order issued under this subsection shall be sent immediately by the Secretary to the State in which the violation occurs and other affected States. Any order issued under this subsection shall be by personal service and shall state with reasonable specificity the nature of the violation, specify a time for compliance, not to exceed thirty days, which the Secretary determines is reasonable, taking into account the seriousness of the violation and any good faith efforts to comply with applicable requirements. In any case in which an order under this subsection is issued to a corporation, a copy of such order shall be served on any appropriate corporate officers. (3) The Secretary is authorized to commence a civil action for appropriate relief, including a permanent or temporary injunction for any violation for which he is authorized to issue a compliance order under paragraph (1) of this subsection. Any action under this paragraph may be brought in the district court of the United States for the district in which the defendant is located or resides or is doing business, and such court shall have jurisdiction to restrain such violation and to require compliance. Notice of the commencement of such acton 1 1 (4) Any person who violates any condition or limitation in a permit issued by the Secretary under this section, and any person who violates any order issued by the Secretary under paragraph (1) of this subsection, shall be subject to a civil penalty not to exceed $25,000 per day for each violation. In determining the amount of a civil penalty the court shall consider the seriousness of the violation or violations, the economic benefit (if any) resulting from the violation, any history of such violations, any good-faith efforts to comply with the applicable requirements, the economic impact of the penalty on the violator, and such other matters as justice may require. (t) Navigable waters within State jurisdiction Nothing in this section shall preclude or deny the right of any State or interstate agency to control the discharge of dredged or fill material in any portion of the navigable waters within the jurisdiction of such State, including any activity of any Federal agency, and each such agency shall comply with such State or interstate requirements both substantive and procedural to control the discharge of dredged or fill material to the same extent that any person is subject to such requirements. This section shall not be construed as affecting or impairing the authority of the Secretary to maintain navigation. ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 884 Pub. L. 95217,  67(a) Dec. 27, 1977 91 Stat. 1600 Pub. L. 1004, title III,  313(d) Feb. 4, 1987 101 Stat. 45  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsec. (r), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 Amendments 1987Subsec. (s). Pub. L. 1004 (A) Any person who willfully or negligently violates any condition or limitation in a permit issued by the Secretary under this section shall be punished by a fine of not less than $2,500 nor more than $25,000 per day of violation, or by imprisonment for not more than one year, or by both. If the conviction is for a violation committed after a first conviction of such person under this paragraph, punishment shall be by a fine of not more than $50,000 per day of violation, or by imprisonment for not more than two years, or by both. (B) For the purposes of this paragraph, the term person shall mean, in addition to the definition contained in section 1362(5) of this title 1977Subsec. (a). Pub. L. 95217,  67(a)(1) Subsecs. (b), (c). Pub. L. 95217,  67(a)(2) Subsecs. (d) to (t). Pub. L. 95217,  67(b) Statutory Notes and Related Subsidiaries  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 section 542 of Title 6 Maintenance Dredging Permits Pub. L. 117263, div. H, title LXXXI,  8126 Dec. 23, 2022 136 Stat. 3715  (a)  In General The Secretary [of the Army] shall, to the maximum extent practicable, prioritize the reissuance of any regional general permit for maintenance dredging under section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 May 1, 2021 (b)  Savings Provision Nothing in this section affects any obligation to comply with the provisions of any Federal or State environmental law, including (1) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (2) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 (3) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 Mitigation and Mitigation Banking Regulations Pub. L. 108136, div. A, title III,  314(b) Nov. 24, 2003 117 Stat. 1431  (1) To ensure opportunities for Federal agency participation in mitigation banking, the Secretary of the Army, acting through the Chief of Engineers, shall issue regulations establishing performance standards and criteria for the use, consistent with section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 (2) Final regulations shall be issued not later than two years after the date of the enactment of this Act [ Nov. 24, 2003 Regulatory Program Pub. L. 106377,  1(a)(2) [title I] Oct. 27, 2000 114 Stat. 1441 For expenses necessary for administration of laws pertaining to regulation of navigable waters and wetlands, $125,000,000, to remain available until expended: Provided March 1, 2001 March 9, 2000 July 21, 1999 section 1(a)(2) of Pub. L. 106377 September 30, 2001 December 31, 2001 Oct. 27, 2000 Public Law 10660 113 Stat. 486 Provided further September 30, 2003 Provided further Provided further Authority To Delegate to State of Washington Functions of the Secretary Relating to Lake Chelan, Washington Pub. L. 95217,  76 Dec. 27, 1977 91 Stat. 1610 The Secretary of the Army, acting through the Chief of Engineers, is authorized to delegate to the State of Washington upon its request all or any part of those functions vested in such Secretary by section 404 of the Federal Water Pollution Control Act [this section] and by sections 9, 10, and 13 of the Act of March 3, 1899 Dredged Material Disposal Pub. L. 114322, title I,  1189 Dec. 16, 2016 130 Stat. 1681 Disposal of dredged material shall not be considered environmentally acceptable for the purposes of identifying the Federal standard (as defined in section 335.7 of title 33, Code of Federal Regulations (or successor regulations)) if the disposal violates applicable State water quality standards approved by the Administrator of the Environmental Protection Agency under section 303 of the Federal Water Pollution Control Act ( 33 U.S.C. 1313 Executive Documents  Transfer of Functions Enforcement functions of Administrator or other official of the Environmental Protection Agency and of Secretary or other official in Department of the Interior relating to review of the Corps of Engineers dredged and fill material permits and such functions of Secretary of the Army, Chief of Engineers, or other official in Corps of Engineers of the United States Army relating to compliance with dredged and fill material permits issued under this section with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas were transferred to the Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, until the first anniversary of the date of initial operation of the Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979,  102(a), (b), (e), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373 July 1, 1979 section 3012(b) of Pub. L. 102486 section 719e of Title 15 section 720d(f) of Title 15  Contiguous Zone of United States For extension of contiguous zone of United States, see Proc. No. 7219, set out as a note under section 1331 of Title 43  1345. Disposal or use of sewage sludge (a) Permit Notwithstanding any other provision of this chapter or of any other law, in any case where the disposal of sewage sludge resulting from the operation of a treatment works as defined in section 1292 of this title section 1342 of this title (b) Issuance of permit; regulations The Administrator shall issue regulations governing the issuance of permits for the disposal of sewage sludge subject to subsection (a) of this section and section 1342 of this title section 1342 of this title (c) State permit program Each State desiring to administer its own permit program for disposal of sewage sludge subject to subsection (a) of this section within its jurisdiction may do so in accordance with section 1342 of this title (d) Regulations (1) Regulations The Administrator, after consultation with appropriate Federal and State agencies and other interested persons, shall develop and publish, within one year after December 27, 1977 (A) identify uses for sludge, including disposal; (B) specify factors to be taken into account in determining the measures and practices applicable to each such use or disposal (including publication of information on costs); (C) identify concentrations of pollutants which interfere with each such use or disposal. The Administrator is authorized to revise any regulation issued under this subsection. (2) Identification and regulation of toxic pollutants (A) On basis of available information (i) Proposed regulations Not later than November 30, 1986 (ii) Final regulations Not later than August 31, 1987 (B) Others (i) Proposed regulations Not later than July 31, 1987 (ii) Final regulations Not later than June 15, 1988 (C) Review From time to time, but not less often than every 2 years, the Administrator shall review the regulations promulgated under this paragraph for the purpose of identifying additional toxic pollutants and promulgating regulations for such pollutants consistent with the requirements of this paragraph. (D) Minimum standards; compliance date The management practices and numerical criteria established under subparagraphs (A), (B), and (C) shall be adequate to protect public health and the environment from any reasonably anticipated adverse effects of each pollutant. Such regulations shall require compliance as expeditiously as practicable but in no case later than 12 months after their publication, unless such regulations require the construction of new pollution control facilities, in which case the regulations shall require compliance as expeditiously as practicable but in no case later than two years from the date of their publication. (3) Alternative standards For purposes of this subsection, if, in the judgment of the Administrator, it is not feasible to prescribe or enforce a numerical limitation for a pollutant identified under paragraph (2), the Administrator may instead promulgate a design, equipment, management practice, or operational standard, or combination thereof, which in the Administrators judgment is adequate to protect public health and the environment from any reasonably anticipated adverse effects of such pollutant. In the event the Administrator promulgates a design or equipment standard under this subsection, the Administrator shall include as part of such standard such requirements as will assure the proper operation and maintenance of any such element of design or equipment. (4) Conditions on permits Prior to the promulgation of the regulations required by paragraph (2), the Administrator shall impose conditions in permits issued to publicly owned treatment works under section 1342 of this title (5) Limitation on statutory construction Nothing in this section is intended to waive more stringent requirements established by this chapter or any other law. (e) Manner of sludge disposal The determination of the manner of disposal or use of sludge is a local determination, except that it shall be unlawful for any person to dispose of sludge from a publicly owned treatment works or any other treatment works treating domestic sewage for any use for which regulations have been established pursuant to subsection (d) of this section, except in accordance with such regulations. (f) Implementation of regulations (1) Through section 1342 permits Any permit issued under section 1342 of this title 42 U.S.C. 6921 42 U.S.C. 300h 16 U.S.C. 1431 33 U.S.C. 1401 42 U.S.C. 7401 December 15, 1986 (2) Through other permits In the case of a treatment works described in paragraph (1) that is not subject to section 1342 of this title (g) Studies and projects (1) Grant program; information gathering The Administrator is authorized to conduct or initiate scientific studies, demonstration projects, and public information and education projects which are designed to promote the safe and beneficial management or use of sewage sludge for such purposes as aiding the restoration of abandoned mine sites, conditioning soil for parks and recreation areas, agricultural and horticultural uses, and other beneficial purposes. For the purposes of carrying out this subsection, the Administrator may make grants to State water pollution control agencies, other public or nonprofit agencies, institutions, organizations, and individuals. In cooperation with other Federal departments and agencies, other public and private agencies, institutions, and organizations, the Administrator is authorized to collect and disseminate information pertaining to the safe and beneficial use of sewage sludge. (2) Authorization of appropriations For the purposes of carrying out the scientific studies, demonstration projects, and public information and education projects authorized in this section, there is authorized to be appropriated for fiscal years beginning after September 30, 1986 ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 884 Pub. L. 95217 Dec. 27, 1977 91 Stat. 1591 Pub. L. 1004, title IV,  406(a) Feb. 4, 1987 101 Stat. 71  Editorial Notes  References in Text The Solid Waste Disposal Act, referred to in subsec. (f)(1), is title II of Pub. L. 89272 Oct. 20, 1965 79 Stat. 997 Pub. L. 94580,  2 Oct. 21, 1976 90 Stat. 2795 section 6901 of Title 42 The Safe Drinking Water Act, referred to in subsec. (f)(1), is title XIV of act July 1, 1944 Dec. 16, 1974 Pub. L. 93523,  2(a) 88 Stat. 1660 section 201 of Title 42 The Marine Protection, Research, and Sanctuaries Act of 1972, referred to in subsec. (f)(1), is Pub. L. 92532 Oct. 23, 1972 86 Stat. 1052 section 1401 of this title The Clean Air Act, referred to in subsec. (f)(1), is act July 14, 1955, ch. 360 69 Stat. 322 section 7401 of Title 42 Amendments 1987Subsec. (d). Pub. L. 1004,  406(a) Pub. L. 1004,  406(f) Subsec. (e). Pub. L. 1004,  406(b) Subsecs. (f), (g). Pub. L. 1004,  406(c) 1977Subsec. (a). Pub. L. 95217,  68(a) section 1342 of this title Subsec. (b). Pub. L. 95217 section 1342 of this title section 1342 of this title Subsec. (c). Pub. L. 95217 section 1342 of this title Subsecs. (d), (e). Pub. L. 95217,  54(d)(3) Statutory Notes and Related Subsidiaries Removal Credits Pub. L. 1004, title IV,  406(e) Feb. 4, 1987 101 Stat. 73  The part of the decision of Natural Resources Defense Council, Inc. v. U.S. Environmental Protection Agency, No. 843530 (3d. Cir. 1986), which addresses section 405(d) of the Federal Water Pollution Control Act [ 33 U.S.C. 1345(d) August 31, 1987 (1) those publicly owned treatment works the owner or operator of which received authority to revise pretreatment requirements under section 307(b)(1) of such Act [ 33 U.S.C. 1317(b)(1) Feb. 4, 1987 (2) those publicly owned treatment works the owner or operator of which has submitted an application for authority to revise pretreatment requirements under such section 307(b)(1) which application is pending on such date of enactment and is approved before August 31, 1987 The Administrator shall not authorize any other removal credits under such Act [ 33 U.S.C. 1251  1346. Coastal recreation water quality monitoring and notification (a) Monitoring and notification (1) In general Not later than 18 months after October 10, 2000 (A) monitoring and assessment (including specifying available methods for monitoring) of coastal recreation waters adjacent to beaches or similar points of access that are used by the public for attainment of applicable water quality standards for pathogens and pathogen indicators; and (B) the prompt notification of the public, local governments, and the Administrator of any exceeding of or likelihood of exceeding applicable water quality standards for coastal recreation waters described in subparagraph (A). (2) Level of protection The performance criteria referred to in paragraph (1) shall provide that the activities described in subparagraphs (A) and (B) of that paragraph shall be carried out as necessary for the protection of public health and safety. (b) Program development and implementation grants (1) In general The Administrator may make grants to States and local governments to develop and implement programs for monitoring and notification for coastal recreation waters adjacent to beaches or similar points of access that are used by the public. (2) Limitations (A) In general The Administrator may award a grant to a State or a local government to implement a monitoring and notification program if (i) the program is consistent with the performance criteria published by the Administrator under subsection (a); (ii) the State or local government prioritizes the use of grant funds for particular coastal recreation waters based on the use of the water and the risk to human health presented by pathogens or pathogen indicators; (iii) the State or local government makes available to the Administrator the factors used to prioritize the use of funds under clause (ii); (iv) the State or local government provides a list of discrete areas of coastal recreation waters that are subject to the program for monitoring and notification for which the grant is provided that specifies any coastal recreation waters for which fiscal constraints will prevent consistency with the performance criteria under subsection (a); and (v) the public is provided an opportunity to review the program through a process that provides for public notice and an opportunity for comment. (B) Grants to local governments The Administrator may make a grant to a local government under this subsection for implementation of a monitoring and notification program only if, after the 1-year period beginning on the date of publication of performance criteria under subsection (a)(1), the Administrator determines that the State is not implementing a program that meets the requirements of this subsection, regardless of whether the State has received a grant under this subsection. (3) Other requirements (A) Report A State recipient of a grant under this subsection shall submit to the Administrator, in such format and at such intervals as the Administrator determines to be appropriate, a report that describes (i) data collected as part of the program for monitoring and notification as described in subsection (c); and (ii) actions taken to notify the public when water quality standards are exceeded. (B) Delegation A State recipient of a grant under this subsection shall identify each local government to which the State has delegated or intends to delegate responsibility for implementing a monitoring and notification program consistent with the performance criteria published under subsection (a) (including any coastal recreation waters for which the authority to implement a monitoring and notification program would be subject to the delegation). (4) Federal share (A) In general The Administrator, through grants awarded under this section, may pay up to 100 percent of the costs of developing and implementing a program for monitoring and notification under this subsection. (B) Non-Federal share The non-Federal share of the costs of developing and implementing a monitoring and notification program may be (i) in an amount not to exceed 50 percent, as determined by the Administrator in consultation with State, tribal, and local government representatives; and (ii) provided in cash or in kind. (c) Content of State and local government programs As a condition of receipt of a grant under subsection (b), a State or local government program for monitoring and notification under this section shall identify (1) lists of coastal recreation waters in the State, including coastal recreation waters adjacent to beaches or similar points of access that are used by the public; (2) in the case of a State program for monitoring and notification, the process by which the State may delegate to local governments responsibility for implementing the monitoring and notification program; (3) the frequency and location of monitoring and assessment of coastal recreation waters based on (A) the periods of recreational use of the waters; (B) the nature and extent of use during certain periods; (C) the proximity of the waters to known point sources and nonpoint sources of pollution; and (D) any effect of storm events on the waters; (4) (A) the methods to be used for detecting levels of pathogens and pathogen indicators that are harmful to human health; and (B) the assessment procedures for identifying short-term increases in pathogens and pathogen indicators that are harmful to human health in coastal recreation waters (including increases in relation to storm events); (5) measures for prompt communication of the occurrence, nature, location, pollutants involved, and extent of any exceeding of, or likelihood of exceeding, applicable water quality standards for pathogens and pathogen indicators to (A) the Administrator, in such form as the Administrator determines to be appropriate; and (B) a designated official of a local government having jurisdiction over land adjoining the coastal recreation waters for which the failure to meet applicable standards is identified; (6) measures for the posting of signs at beaches or similar points of access, or functionally equivalent communication measures that are sufficient to give notice to the public that the coastal recreation waters are not meeting or are not expected to meet applicable water quality standards for pathogens and pathogen indicators; and (7) measures that inform the public of the potential risks associated with water contact activities in the coastal recreation waters that do not meet applicable water quality standards. (d) Federal agency programs Not later than 3 years after October 10, 2000 (1) protects the public health and safety; (2) is consistent with the performance criteria published under subsection (a); (3) includes a completed report on the information specified in subsection (b)(3)(A), to be submitted to the Administrator; and (4) addresses the matters specified in subsection (c). (e) Database The Administrator shall establish, maintain, and make available to the public by electronic and other means a national coastal recreation water pollution occurrence database that provides (1) the data reported to the Administrator under subsections (b)(3)(A)(i) and (d)(3); and (2) other information concerning pathogens and pathogen indicators in coastal recreation waters that (A) is made available to the Administrator by a State or local government, from a coastal water quality monitoring program of the State or local government; and (B) the Administrator determines should be included. (f) Technical assistance for monitoring floatable material The Administrator shall provide technical assistance to States and local governments for the development of assessment and monitoring procedures for floatable material to protect public health and safety in coastal recreation waters. (g) List of waters (1) In general Beginning not later than 18 months after the date of publication of performance criteria under subsection (a), based on information made available to the Administrator, the Administrator shall identify, and maintain a list of, discrete coastal recreation waters adjacent to beaches or similar points of access that are used by the public that (A) specifies any waters described in this paragraph that are subject to a monitoring and notification program consistent with the performance criteria established under subsection (a); and (B) specifies any waters described in this paragraph for which there is no monitoring and notification program (including waters for which fiscal constraints will prevent the State or the Administrator from performing monitoring and notification consistent with the performance criteria established under subsection (a)). (2) Availability The Administrator shall make the list described in paragraph (1) available to the public through (A) publication in the Federal Register; and (B) electronic media. (3) Updates The Administrator shall update the list described in paragraph (1) periodically as new information becomes available. (h) EPA implementation In the case of a State that has no program for monitoring and notification that is consistent with the performance criteria published under subsection (a) after the last day of the 3-year period beginning on the date on which the Administrator lists waters in the State under subsection (g)(1)(B), the Administrator shall conduct a monitoring and notification program for the listed waters based on a priority ranking established by the Administrator using funds appropriated for grants under subsection (i) (1) to conduct monitoring and notification; and (2) for related salaries, expenses, and travel. (i) Authorization of appropriations There is authorized to be appropriated for making grants under subsection (b), including implementation of monitoring and notification programs by the Administrator under subsection (h), $30,000,000 for each of fiscal years 2001 through 2005. ( June 30, 1948, ch. 758 Pub. L. 106284,  4 Oct. 10, 2000 114 Stat. 872 SUBCHAPTER V GENERAL PROVISIONS  1361. Administration (a) Authority of Administrator to prescribe regulations The Administrator is authorized to prescribe such regulations as are necessary to carry out his functions under this chapter. (b) Utilization of other agency officers and employees The Administrator, with the consent of the head of any other agency of the United States, may utilize such officers and employees of such agency as may be found necessary to assist in carrying out the purposes of this chapter. (c) Recordkeeping Each recipient of financial assistance under this chapter shall keep such records as the Administrator shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate effective audit. (d) Audit The Administrator and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access, for the purpose of audit and examination, to any books, documents, papers, and records of the recipients that are pertinent to the grants received under this chapter. For the purpose of carrying out audits and examinations with respect to recipients of Federal assistance under this chapter, the Administrator is authorized to enter into noncompetitive procurement contracts with independent State audit organizations, consistent with chapter 75 of title 31. Such contracts may only be entered into to the extent and in such amounts as may be provided in advance in appropriation Acts. (e) Awards for outstanding technological achievement or innovative processes, methods, or devices in waste treatment and pollution abatement programs (1) It is the purpose of this subsection to authorize a program which will provide official recognition by the United States Government to those industrial organizations and political subdivisions of States which during the preceding year demonstrated an outstanding technological achievement or an innovative process, method, or device in their waste treatment and pollution abatement programs. The Administrator shall, in consultation with the appropriate State water pollution control agencies, establish regulations under which such recognition may be applied for and granted, except that no applicant shall be eligible for an award under this subsection if such applicant is not in total compliance with all applicable water quality requirements under this chapter, or otherwise does not have a satisfactory record with respect to environmental quality. (2) The Administrator shall award a certificate or plaque of suitable design to each industrial organization or political subdivision which qualifies for such recognition under regulations established under this subsection. (3) The President of the United States, the Governor of the appropriate State, the Speaker of the House of Representatives, and the President pro tempore of the Senate shall be notified of the award by the Administrator and the awarding of such recognition shall be published in the Federal Register. (f) Detail of Environmental Protection Agency personnel to State water pollution control agencies Upon the request of a State water pollution control agency, personnel of the Environmental Protection Agency may be detailed to such agency for the purpose of carrying out the provisions of this chapter. ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 885 Pub. L. 1004, title V,  501 Feb. 4, 1987 101 Stat. 75  Editorial Notes Amendments 1987Subsec. (d). Pub. L. 1004 Statutory Notes and Related Subsidiaries Applicability of Spill Prevention, Control, and Countermeasure Rule Pub. L. 113121, title I,  1049 June 10, 2014 128 Stat. 1257 Pub. L. 114322, title IV,  5011 Dec. 16, 2016 130 Stat. 1902  (a)  Definitions In this section: (1)  Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2)  Farm The term farm has the meaning given the term in section 112.2 of title 40, Code of Federal Regulations (or successor regulations). (3)  Gallon The term gallon means a United States gallon. (4)  Oil The term oil has the meaning given the term in section 112.2 of title 40, Code of Federal Regulations (or successor regulations). (5)  Oil discharge The term oil discharge has the meaning given the term discharge in section 112.2 of title 40, Code of Federal Regulations (or successor regulations). (6)  Reportable oil discharge history. (A)  In general Subject to subparagraph (B), the term reportable oil discharge history means a single oil discharge, as described in section 112.1(b) of title 40, Code of Federal Regulations (including successor regulations), that exceeds 1,000 gallons or 2 oil discharges, as described in section 112.1(b) of title 40, Code of Federal Regulations (including successor regulations), that each exceed 42 gallons within any 12-month period (i) in the 3 years prior to the certification date of the Spill Prevention, Control, and Countermeasure plan (as described in section 112.3 of title 40, Code of Federal Regulations (including successor regulations); or (ii) since becoming subject to part 112 of title 40, Code of Federal Regulations, if the facility has been in operation for less than 3 years. (B)  Exclusions The term reportable oil discharge history does not include an oil discharge, as described in section 112.1(b) of title 40, Code of Federal Regulations (including successor regulations), that is the result of a natural disaster, an act of war, or terrorism. (7)  Spill prevention, control, and countermeasure rule The term Spill Prevention, Control, and Countermeasure rule means the regulation, including amendments, promulgated by the Administrator under part 112 of title 40, Code of Federal Regulations (or successor regulations). (b)  Certification In implementing the Spill Prevention, Control, and Countermeasure rule with respect to any farm, the Administrator shall (1) require certification by a professional engineer for a farm with (A) an individual tank with an aboveground storage capacity greater than 10,000 gallons; (B) an aggregate aboveground storage capacity greater than or equal to 20,000 gallons; or (C) a reportable oil discharge history; or (2) allow certification by the owner or operator of the farm (via self-certification) for a farm with (A) an aggregate aboveground storage capacity less than 20,000 gallons and greater than the lesser of (i) 6,000 gallons; and (ii) the adjustment quantity established under subsection (d)(2); and (B) no reportable oil discharge history; and (3) not require compliance with the rule by any farm (A) with an aggregate aboveground storage capacity greater than 2,500 gallons and less than the lesser of (i) 6,000 gallons; and (ii) the adjustment quantity established under subsection (d)(2); and (B) no reportable oil discharge history; and (4) not require compliance with the rule by any farm with an aggregate aboveground storage capacity of less than 2,500 gallons. (c)  Regulation of Aboveground Storage at Farms. (1)  Calculation of aggregate aboveground storage capacity For purposes of subsection (b), the aggregate aboveground storage capacity of a farm excludes (A) all containers on separate parcels that have a capacity that is 1,000 gallons or less; and (B) all containers holding animal feed ingredients approved for use in livestock feed by the Commissioner of Food and Drugs. (2)  Certain farm containers Part 112 of title 40, Code of Federal Regulations (or successor regulations), shall not apply to the following containers located at a farm: (A) Containers on a separate parcel that have (i) an individual capacity of not greater than 1,000 gallons; and (ii) an aggregate capacity of not greater than 2,500 gallons. (B) A container holding animal feed ingredients approved for use in livestock feed by the Food and Drug Administration. (d)  Study. (1)  In general Not later than 1 year after the date of enactment of this Act [ June 10, 2014 (2)  Adjustment Not later than 18 months after the date on which the study described in paragraph (1) is complete, the Administrator, in consultation with the Secretary of Agriculture, shall promulgate a rule to adjust the exemption levels described in paragraphs (2) and (3) of subsection (b) in accordance with the study. Environmental Court Feasibility Study Pub. L. 92500,  9 Oct. 18, 1972 86 Stat. 899 Oct. 18, 1972 Transfer of Public Health Service Officers Pub. L. 89234,  2(b) Oct. 2, 1965 79 Stat. 904  1362. Definitions Except as otherwise specifically provided, when used in this chapter: (1) The term State water pollution control agency means the State agency designated by the Governor having responsibility for enforcing State laws relating to the abatement of pollution. (2) The term interstate agency means an agency of two or more States established by or pursuant to an agreement or compact approved by the Congress, or any other agency of two or more States, having substantial powers or duties pertaining to the control of pollution as determined and approved by the Administrator. (3) The term State means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. (4) The term municipality means a city, town, borough, county, parish, district, association, or other public body created by or pursuant to State law and having jurisdiction over disposal of sewage, industrial wastes, or other wastes, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 1288 of this title (5) The term person means an individual, corporation, partnership, association, State, municipality, commission, or political subdivision of a State, or any interstate body. (6) The term pollutant means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. This term does not mean (A) sewage from vessels or a discharge incidental to the normal operation of a vessel of the Armed Forces within the meaning of section 1322 of this title (7) The term navigable waters means the waters of the United States, including the territorial seas. (8) The term territorial seas means the belt of the seas measured from the line of ordinary low water along that portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters, and extending seaward a distance of three miles. (9) The term contiguous zone means the entire zone established or to be established by the United States under article 24 of the Convention of the Territorial Sea and the Contiguous Zone. (10) The term ocean means any portion of the high seas beyond the contiguous zone. (11) The term effluent limitation means any restriction established by a State or the Administrator on quantities, rates, and concentrations of chemical, physical, biological, and other constituents which are discharged from point sources into navigable waters, the waters of the contiguous zone, or the ocean, including schedules of compliance. (12) The term discharge of a pollutant and the term discharge of pollutants each means (A) any addition of any pollutant to navigable waters from any point source, (B) any addition of any pollutant to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft. (13) The term toxic pollutant means those pollutants, or combinations of pollutants, including disease-causing agents, which after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will, on the basis of information available to the Administrator, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions in reproduction) or physical deformations, in such organisms or their offspring. (14) The term point source means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include agricultural stormwater discharges and return flows from irrigated agriculture. (15) The term biological monitoring shall mean the determination of the effects on aquatic life, including accumulation of pollutants in tissue, in receiving waters due to the discharge of pollutants (A) by techniques and procedures, including sampling of organisms representative of appropriate levels of the food chain appropriate to the volume and the physical, chemical, and biological characteristics of the effluent, and (B) at appropriate frequencies and locations. (16) The term discharge when used without qualification includes a discharge of a pollutant, and a discharge of pollutants. (17) The term schedule of compliance means a schedule of remedial measures including an enforceable sequence of actions or operations leading to compliance with an effluent limitation, other limitation, prohibition, or standard. (18) The term industrial user means those industries identified in the Standard Industrial Classification Manual, Bureau of the Budget, 1967, as amended and supplemented, under the category of Division DManufacturing and such other classes of significant waste producers as, by regulation, the Administrator deems appropriate. (19) The term pollution means the man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water. (20) The term medical waste means isolation wastes; infectious agents; human blood and blood products; pathological wastes; sharps; body parts; contaminated bedding; surgical wastes and potentially contaminated laboratory wastes; dialysis wastes; and such additional medical items as the Administrator shall prescribe by regulation. (21)  Coastal recreation waters. (A)  In general The term coastal recreation waters means (i) the Great Lakes; and (ii) marine coastal waters (including coastal estuaries) that are designated under section 1313(c) of this title (B)  Exclusions The term coastal recreation waters does not include (i) inland waters; or (ii) waters upstream of the mouth of a river or stream having an unimpaired natural connection with the open sea. (22)  Floatable material. (A)  In general The term floatable material means any foreign matter that may float or remain suspended in the water column. (B)  Inclusions The term floatable material includes (i) plastic; (ii) aluminum cans; (iii) wood products; (iv) bottles; and (v) paper products. (23)  Pathogen indicator The term pathogen indicator means a substance that indicates the potential for human infectious disease. (24)  Oil and gas exploration and production The term oil and gas exploration, production, processing, or treatment operations or transmission facilities means all field activities or operations associated with exploration, production, processing, or treatment operations, or transmission facilities, including activities necessary to prepare a site for drilling and for the movement and placement of drilling equipment, whether or not such field activities or operations may be considered to be construction activities. (25)  Recreational vessel. (A)  In general The term recreational vessel means any vessel that is (i) manufactured or used primarily for pleasure; or (ii) leased, rented, or chartered to a person for the pleasure of that person. (B)  Exclusion The term recreational vessel does not include a vessel that is subject to Coast Guard inspection and that (i) is engaged in commercial use; or (ii) carries paying passengers. (26)  Treatment works The term treatment works has the meaning given the term in section 1292 of this title (27)  Green infrastructure The term green infrastructure means the range of measures that use plant or soil systems, permeable pavement or other permeable surfaces or substrates, stormwater harvest and reuse, or landscaping to store, infiltrate, or evapotranspirate stormwater and reduce flows to sewer systems or to surface waters. ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 886 Pub. L. 95217,  33(b) Dec. 27, 1977 91 Stat. 1577 Pub. L. 1004, title V Feb. 4, 1987 101 Stat. 75 Pub. L. 100688, title III,  3202(a) Nov. 18, 1988 102 Stat. 4154 Pub. L. 104106, div. A, title III,  325(c)(3) Feb. 10, 1996 110 Stat. 259 Pub. L. 106284,  5 Oct. 10, 2000 114 Stat. 875 Pub. L. 10958, title III,  323 Aug. 8, 2005 119 Stat. 694 Pub. L. 110288,  3 July 29, 2008 122 Stat. 2650 Pub. L. 113121, title V,  5012(b) June 10, 2014 128 Stat. 1328 Pub. L. 115436,  5(a) Jan. 14, 2019 132 Stat. 5561  Editorial Notes Amendments 2019Par. (27). Pub. L. 115436 2014Par. (26). Pub. L. 113121 2008Par. (25). Pub. L. 110288 2005Par. (24). Pub. L. 10958 2000Pars. (21) to (23). Pub. L. 106284 1996Par. (6)(A). Pub. L. 104106 1988Par. (20). Pub. L. 100688 1987Par. (3). Pub. L. 1004,  502(a) Par. (14). Pub. L. 1004,  503 1977Par. (14). Pub. L. 95217 Statutory Notes and Related Subsidiaries Effective Date of 2014 Amendment Amendment by Pub. L. 113121 Oct. 1, 2014 section 5012(c) of Pub. L. 113121 section 1292 of this title  Definition of Point Source Pub. L. 1004, title V,  507 Feb. 4, 1987 101 Stat. 78 For purposes of the Federal Water Pollution Control Act [ 33 U.S.C. 1251 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  Territorial Sea and Contiguous Zone of United States For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No. 7219, respectively, set out as notes under section 1331 of Title 43  1363. Water Pollution Control Advisory Board (a) Establishment; composition; terms of office (1) There is hereby established in the Environmental Protection Agency a Water Pollution Control Advisory Board, composed of the Administrator or his designee, who shall be Chairman, and nine members appointed by the President, none of whom shall be Federal officers or employees. The appointed members, having due regard for the purposes of this chapter, shall be selected from among representatives of various State, interstate, and local governmental agencies, of public or private interests contributing to, affected by, or concerned with pollution, and of other public and private agencies, organizations, or groups demonstrating an active interest in the field of pollution prevention and control, as well as other individuals who are expert in this field. (2) (A) Each member appointed by the President shall hold office for a term of three years, except that (i) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and (ii) the terms of office of the members first taking office after June 30, 1956 (B) The members of the Board who are not officers or employees of the United States, while attending conferences or meetings of the Board or while serving at the request of the Administrator, shall be entitled to receive compensation at a rate to be fixed by the Administrator, but not exceeding $100 per diem, including travel-time, and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons in the Government service employed intermittently. (b) Functions The Board shall advise, consult with, and make recommendations to the Administrator on matters of policy relating to the activities and functions of the Administrator under this chapter. (c) Clerical and technical assistance Such clerical and technical assistance as may be necessary to discharge the duties of the Board shall be provided from the personnel of the Environmental Protection Agency. ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 887  Editorial Notes  References in Text Travel expenses, including per diem in lieu of subsistence as authorized by law, referred to in subsec. (a)(2)(B), probably means the allowances authorized by section 5703 of Title 5 Statutory Notes and Related Subsidiaries Continuation of Term of Office Pub. L. 8788,  6(c) July 20, 1961 75 Stat. 207 July 20, 1961 section 6(a) of Pub. L. 8788 Terms of Office of Members of Water Pollution Control Advisory Board Act July 9, 1956, ch. 518,  3 70 Stat. 507 July 9, 1956 Termination of Advisory Boards Advisory boards in existence on Jan. 5, 1973 Jan. 5, 1973  1364. Emergency powers (a) Emergency powers Notwithstanding any other provision of this chapter, the Administrator upon receipt of evidence that a pollution source or combination of sources is presenting an imminent and substantial endangerment to the health of persons or to the welfare of persons where such endangerment is to the livelihood of such persons, such as inability to market shellfish, may bring suit on behalf of the United States in the appropriate district court to immediately restrain any person causing or contributing to the alleged pollution to stop the discharge of pollutants causing or contributing to such pollution or to take such other action as may be necessary. (b) Repealed. Pub. L. 96510, title III,  304(a) Dec. 11, 1980 94 Stat. 2809 ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 888 Pub. L. 95217,  69 Dec. 27, 1977 91 Stat. 1607 Pub. L. 96510, title III,  304(a) Dec. 11, 1980 94 Stat. 2809  Editorial Notes Amendments 1980Subsec. (b). Pub. L. 96510 1977 Pub. L. 95217 Statutory Notes and Related Subsidiaries Effective Date of 1980 Amendment Amendment by Pub. L. 96510 Dec. 11, 1980 section 9652 of Title 42  1365. Citizen suits (a) Authorization; jurisdiction Except as provided in subsection (b) of this section and section 1319(g)(6) of this title (1) against any person (including (i) the United States, and (ii) any other governmental instrumentality or agency to the extent permitted by the eleventh amendment to the Constitution) who is alleged to be in violation of (A) an effluent standard or limitation under this chapter or (B) an order issued by the Administrator or a State with respect to such a standard or limitation, or (2) against the Administrator where there is alleged a failure of the Administrator to perform any act or duty under this chapter which is not discretionary with the Administrator. The district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such an effluent standard or limitation, or such an order, or to order the Administrator to perform such act or duty, as the case may be, and to apply any appropriate civil penalties under section 1319(d) of this title (b) Notice No action may be commenced (1) under subsection (a)(1) of this section (A) prior to sixty days after the plaintiff has given notice of the alleged violation (i) to the Administrator, (ii) to the State in which the alleged violation occurs, and (iii) to any alleged violator of the standard, limitation, or order, or (B) if the Administrator or State has commenced and is diligently prosecuting a civil or criminal action in a court of the United States, or a State to require compliance with the standard, limitation, or order, but in any such action in a court of the United States any citizen may intervene as a matter of right. (2) under subsection (a)(2) of this section prior to sixty days after the plaintiff has given notice of such action to the Administrator, except that such action may be brought immediately after such notification in the case of an action under this section respecting a violation of sections 1316 and 1317(a) of this title. Notice under this subsection shall be given in such manner as the Administrator shall prescribe by regulation. (c) Venue; intervention by Administrator; United States interests protected (1) Any action respecting a violation by a discharge source of an effluent standard or limitation or an order respecting such standard or limitation may be brought under this section only in the judicial district in which such source is located. (2) In such action under this section, the Administrator, if not a party, may intervene as a matter of right. (3)  Protection of interests of united states Whenever any action is brought under this section in a court of the United States, the plaintiff shall serve a copy of the complaint on the Attorney General and the Administrator. No consent judgment shall be entered in an action in which the United States is not a party prior to 45 days following the receipt of a copy of the proposed consent judgment by the Attorney General and the Administrator. (d) Litigation costs The court, in issuing any final order in any action brought pursuant to this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any prevailing or substantially prevailing party, whenever the court determines such award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with the Federal Rules of Civil Procedure. (e) Statutory or common law rights not restricted Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any effluent standard or limitation or to seek any other relief (including relief against the Administrator or a State agency). (f) Effluent standard or limitation For purposes of this section, the term effluent standard or limitation under this chapter means (1) effective July 1, 1973 section 1311 of this title section 1316 of this title section 1317 of this title section 1322(p) of this title section 1341 of this title section 1342 of this title section 1323 of this title section 1345(d) of this title (g) Citizen defined For the purposes of this section the term citizen means a person or persons having an interest which is or may be adversely affected. (h) Civil action by State Governors A Governor of a State may commence a civil action under subsection (a), without regard to the limitations of subsection (b) of this section, against the Administrator where there is alleged a failure of the Administrator to enforce an effluent standard or limitation under this chapter the violation of which is occurring in another State and is causing an adverse effect on the public health or welfare in his State, or is causing a violation of any water quality requirement in his State. ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 888 Pub. L. 1004, title III,  314(c) Feb. 4, 1987 101 Stat. 49 Pub. L. 115282, title IX,  903(c)(3) Dec. 4, 2018 132 Stat. 4356  Editorial Notes  References in Text The Federal Rules of Civil Procedure, referred to in subsec. (d), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Amendments 2018Subsec. (f). Pub. L. 115282 section 1322(p) of this title section 1341 of this title section 1342 of this title section 1323 of this title section 1345(d) of this title section 1341 of this title section 1342 of this title section 1323 of this title section 1345(d) of this title 1987Subsec. (a). Pub. L. 1004,  314(c) section 1319(g)(6) of this title Subsec. (c)(3). Pub. L. 1004,  504 Subsec. (d). Pub. L. 1004,  505(c) Subsec. (f). Pub. L. 1004,  406(d)(2)  1366. Appearance  The Administrator shall request the Attorney General to appear and represent the United States in any civil or criminal action instituted under this chapter to which the Administrator is a party. Unless the Attorney General notifies the Administrator within a reasonable time, that he will appear in a civil action, attorneys who are officers or employees of the Environmental Protection Agency shall appear and represent the United States in such action. ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 889  1367. Employee protection (a) Discrimination against persons filing, instituting, or testifying in proceedings under this chapter prohibited No person shall fire, or in any other way discriminate against, or cause to be fired or discriminated against, any employee or any authorized representative of employees by reason of the fact that such employee or representative has filed, instituted, or caused to be filed or instituted any proceeding under this chapter, or has testified or is about to testify in any proceeding resulting from the administration or enforcement of the provisions of this chapter. (b) Application for review; investigation; hearing; review Any employee or a representative of employees who believes that he has been fired or otherwise discriminated against by any person in violation of subsection (a) of this section may, within thirty days after such alleged violation occurs, apply to the Secretary of Labor for a review of such firing or alleged discrimination. A copy of the application shall be sent to such person who shall be the respondent. Upon receipt of such application, the Secretary of Labor shall cause such investigation to be made as he deems appropriate. Such investigation shall provide an opportunity for a public hearing at the request of any party to such review to enable the parties to present information relating to such alleged violation. The parties shall be given written notice of the time and place of the hearing at least five days prior to the hearing. Any such hearing shall be of record and shall be subject to section 554 of title 5 (c) Costs and expenses Whenever an order is issued under this section to abate such violation, at the request of the applicant, a sum equal to the aggregate amount of all costs and expenses (including the attorneys fees), as determined by the Secretary of Labor, to have been reasonably incurred by the applicant for, or in connection with, the institution and prosecution of such proceedings, shall be assessed against the person committing such violation. (d) Deliberate violations by employee acting without direction from his employer or his agent This section shall have no application to any employee who, acting without direction from his employer (or his agent) deliberately violates any prohibition of effluent limitation or other limitation under section 1311 or 1312 of this title, standards of performance under section 1316 of this title section 1317 of this title (e) Investigations of employment reductions The Administrator shall conduct continuing evaluations of potential loss or shifts of employment which may result from the issuance of any effluent limitation or order under this chapter, including, where appropriate, investigating threatened plant closures or reductions in employment allegedly resulting from such limitation or order. Any employee who is discharged or laid-off, threatened with discharge or lay-off, or otherwise discriminated against by any person because of the alleged results of any effluent limitation or order issued under this chapter, or any representative of such employee, may request the Administrator to conduct a full investigation of the matter. The Administrator shall thereupon investigate the matter and, at the request of any party, shall hold public hearings on not less than five days notice, and shall at such hearings require the parties, including the employer involved, to present information relating to the actual or potential effect of such limitation or order on employment and on any alleged discharge, lay-off, or other discrimination and the detailed reasons or justification therefor. Any such hearing shall be of record and shall be subject to section 554 of title 5 ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 890  1368. Federal procurement (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 (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 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 891 Pub. L. 103355, title VIII,  8301(a) Oct. 13, 1994 108 Stat. 3396 Pub. L. 115232, 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 Amendments 2018Subsec. (f)(1). Pub. L. 115232,  836(g)(5)(A) Subsec. (f)(2). Pub. L. 115232,  836(g)(5)(B) section 103 of title 41 1994Subsec. (f). Pub. L. 103355 Statutory Notes and Related Subsidiaries Effective Date of 2018 Amendment Amendment by Pub. L. 115232 Jan. 1, 2020 section 836(h) of Pub. L. 115232 section 453b of Title 6 Effective Date of 1994 Amendment For effective date and applicability of amendment by Pub. L. 103355 section 10001 of Pub. L. 103355 section 8752 of Title 10 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 section 7606 of Title 42  1369. Administrative procedure and judicial review (a) Subpenas (1) For purposes of obtaining information under section 1315 of this title section 1367(e) of this title section 1905 of title 18 (2) The district courts of the United States are authorized, upon application by the Administrator, to issue subpenas for attendance and testimony of witnesses and the production of relevant papers, books, and documents, for purposes of obtaining information under sections 1314(b) and (c) of this title. Any papers, books, documents, or other information or part thereof, obtained by reason of such a subpena shall be subject to the same requirements as are provided in paragraph (1) of this subsection. (b) Review of Administrators actions; selection of court; fees (1) Review of the Administrators action (A) in promulgating any standard of performance under section 1316 of this title section 1316(b)(1)(C) of this title section 1317 of this title section 1342(b) of this title section 1342 of this title l (2) Action of the Administrator with respect to which review could have been obtained under paragraph (1) of this subsection shall not be subject to judicial review in any civil or criminal proceeding for enforcement. (3)  Award of fees In any judicial proceeding under this subsection, the court may award costs of litigation (including reasonable attorney and expert witness fees) to any prevailing or substantially prevailing party whenever it determines that such award is appropriate. (4)  Discharges incidental to normal operation of vessels. (A)  In general Except as provided in subparagraph (B), any interested person may file a petition for review of a final agency action under section 1322(p) of this title (B)  Venue exception Subject to section 1322(p)(7)(C)(v) of this title section 1322(p) of this title (c) Additional evidence In any judicial proceeding brought under subsection (b) of this section in which review is sought of a determination under this chapter required to be made on the record after notice and opportunity for hearing, if any party applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Administrator, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Administrator, in such manner and upon such terms and conditions as the court may deem proper. The Administrator may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken and he shall file such modified or new findings, and his recommendation, if any, for the modification or setting aside of his original determination, with the return of such additional evidence. ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 891 Pub. L. 93207,  1(6) Dec. 28, 1973 87 Stat. 906 Pub. L. 1004, title III,  308(b) Feb. 4, 1987 101 Stat. 39 Pub. L. 100236,  2 Jan. 8, 1988 101 Stat. 1732 Pub. L. 115282, title IX,  903(c)(4) Dec. 4, 2018 132 Stat. 4356  Editorial Notes Amendments 2018Subsec. (b)(4). Pub. L. 115282 1988Subsec. (b)(3), (4). Pub. L. 100236 1987Subsec. (b)(1). Pub. L. 1004 Subsec. (b)(3), (4). Pub. L. 1004,  505(b) 1973Subsec. (b)(1)(C). Pub. L. 93207 Statutory Notes and Related Subsidiaries Effective Date of 1988 Amendment Amendment by Pub. L. 100236 Jan. 8, 1988 section 3 of Pub. L. 100236 section 2112 of Title 28  1370. State authority  Except as expressly provided in this chapter, nothing in this chapter shall (1) preclude or deny the right of any State or political subdivision thereof or interstate agency to adopt or enforce (A) any standard or limitation respecting discharges of pollutants, or (B) any requirement respecting control or abatement of pollution; except that if an effluent limitation, or other limitation, effluent standard, prohibition, pretreatment standard, or standard of performance is in effect under this chapter, such State or political subdivision or interstate agency may not adopt or enforce any effluent limitation, or other limitation, effluent standard, prohibition, pretreatment standard, or standard of performance which is less stringent than the effluent limitation, or other limitation, effluent standard, prohibition, pretreatment standard, or standard of performance under this chapter; or (2) be construed as impairing or in any manner affecting any right or jurisdiction of the States with respect to the waters (including boundary waters) of such States. ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 893  1371. Authority under other laws and regulations (a) Impairment of authority or functions of officials and agencies; treaty provisions This chapter shall not be construed as (1) limiting the authority or functions of any officer or agency of the United States under any other law or regulation not inconsistent with this chapter; (2) affecting or impairing the authority of the Secretary of the Army (A) to maintain navigation or (B) under the Act of March 3, 1899 30 Stat. 1112 section 1344 of this title section 403 of this title (b) Discharges of pollutants into navigable waters Discharges of pollutants into the navigable waters subject to the Rivers and Harbors Act of 1910 ( 36 Stat. 593 33 U.S.C. 421 25 Stat. 209 33 U.S.C. 441451b (c) Action of the Administrator deemed major Federal action; construction of the National Environmental Policy Act of 1969 (1) Except for the provision of Federal financial assistance for the purpose of assisting the construction of publicly owned treatment works as authorized by section 1281 of this title section 1342 of this title section 1316 of this title 83 Stat. 852 42 U.S.C. 4321 (2) Nothing in the National Environmental Policy Act of 1969 ( 83 Stat. 852 (A) authorize any Federal agency authorized to license or permit the conduct of any activity which may result in the discharge of a pollutant into the navigable waters to review any effluent limitation or other requirement established pursuant to this chapter or the adequacy of any certification under section 1341 of this title (B) authorize any such agency to impose, as a condition precedent to the issuance of any license or permit, any effluent limitation other than any such limitation established pursuant to this chapter. (d) Consideration of international water pollution control agreements Notwithstanding this chapter or any other provision of law, the Administrator (1) shall not require any State to consider in the development of the ranking in order of priority of needs for the construction of treatment works (as defined in subchapter II of this chapter), any water pollution control agreement which may have been entered into between the United States and any other nation, and (2) shall not consider any such agreement in the approval of any such priority ranking. ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 893 Pub. L. 93243,  3 Jan. 2, 1974 87 Stat. 1069  Editorial Notes  References in Text Act of March 3, 1899 act Mar. 3, 1899, ch. 425 30 Stat. 1121 section 686 of this title The Rivers and Harbors Act of 1910, referred to in subsec. (b), probably means act June 23, 1910, ch. 359 36 Stat. 593 The Supervisory Harbors Act of 1888, referred to in subsec. (b), probably means act June 29, 1888, ch. 496 25 Stat. 209 The National Environmental Policy Act of 1969, referred to in subsec. (c), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 Amendments 1974Subsec. (d). Pub. L. 93243  1372. Labor standards  The Administrator shall take such action as may be necessary to insure that all laborers and mechanics employed by contractors or subcontractors on treatment works for which grants are made under this chapter shall be paid wages at rates not less than those prevailing for the same type of work on similar construction in the immediate locality, as determined by the Secretary of Labor, in accordance with sections 31413144, 3146, and 3147 of title 40. The Secretary of Labor shall have, with respect to the labor standards specified in this subsection, 1 1 section 3145 of title 40 ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 894  Editorial Notes  References in Text Reorganization Plan Numbered 14 of 1950, referred to in text, is Reorg. Plan No. 14 of 1950, eff. May 24, 1950 64 Stat. 1267 Codification In text, sections 31413144, 3146, and 3147 of title 40 substituted for the Act of March 3, 1931 46 Stat. 1494 section 3145 of title 40 section 2 of the Act of June 13, 1934 48 Stat. 948 40 U.S.C. 276c Pub. L. 107217,  5(c) Aug. 21, 2002 116 Stat. 1303 Statutory Notes and Related Subsidiaries Applicability of Labor Standards to Construction of Treatment Works Pub. L. 11274, div. E, title II Dec. 23, 2011 125 Stat. 1020 For fiscal year 2012 and each fiscal year thereafter, the requirements of section 513 of the Federal Water Pollution Control Act ( 33 U.S.C. 1372 33 U.S.C. 1381 33 U.S.C. 1285(m)  1373. Public health agency coordination  The permitting agency under section 1342 of this title ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 894  1374. Effluent Standards and Water Quality Information Advisory Committee (a) Establishment; membership; term (1) There is established an Effluent Standards and Water Quality Information Advisory Committee, which shall be composed of a Chairman and eight members who shall be appointed by the Administrator within sixty days after October 18, 1972 (2) All members of the Committee shall be selected from the scientific community, qualified by education, training, and experience to provide, assess, and evaluate scientific and technical information on effluent standards and limitations. (3) Members of the Committee shall serve for a term of four years, and may be reappointed. (b) Action on proposed regulations (1) No later than one hundred and eighty days prior to the date on which the Administrator is required to publish any proposed regulations required by section 1314(b) of this title section 1316 of this title section 1317 of this title (2) No later than one hundred and twenty days after receipt of such notice, the Committee shall transmit to the Administrator such scientific and technical information as is in its possession, including that presented at any public hearing, related to the subject matter contained in such notice. (3) Information so transmitted to the Administrator shall constitute a part of the administrative record and comments on any proposed regulations or standards as information to be considered with other comments and information in making any final determinations. (4) In preparing information for transmittal, the Committee shall avail itself of the technical and scientific services of any Federal agency, including the United States Geological Survey and any national environmental laboratories which may be established. (c) Secretary; legal counsel; compensation (1) The Committee shall appoint and prescribe the duties of a Secretary, and such legal counsel as it deems necessary. The Committee shall appoint such other employees as it deems necessary to exercise and fulfill its powers and responsibilities. The compensation of all employees appointed by the Committee shall be fixed in accordance with chapter 51 and subchapter III of chapter 53 of title 5. (2) Members of the Committee shall be entitled to receive compensation at a rate to be fixed by the President but not in excess of the maximum rate of pay for grade GS18, as provided in the General Schedule under section 5332 of title 5 (d) Quorum; special panel Five members of the Committee shall constitute a quorum, and official actions of the Committee shall be taken only on the affirmative vote of at least five members. A special panel composed of one or more members upon order of the Committee shall conduct any hearing authorized by this section and submit the transcript of such hearing to the entire Committee for its action thereon. (e) Rules The Committee is authorized to make such rules as are necessary for the orderly transaction of its business. ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 894  Statutory Notes and Related Subsidiaries Termination of Advisory Committees Advisory committees in existence on Jan. 5, 1973 Jan. 5, 1973 section 1013 of Title 5 References in Other Laws to GS16, 17, or 18 Pay Rates References in laws to the rates of pay for GS16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I,  101(c)(1)] of Pub. L. 101509 section 5376 of Title 5  1375. Reports to Congress; detailed estimates and comprehensive study on costs; State estimates (a) Implementation of chapter objectives; status and progress of programs Within ninety days following the convening of each session of Congress, the Administrator shall submit to the Congress a report, in addition to any other report required by this chapter, on measures taken toward implementing the objective of this chapter, including, but not limited to, (1) the progress and problems associated with developing comprehensive plans under section 1252 of this title section 1288 of this title section 1289 of this title section 1313(e) of this title section 1290 of this title (b) Detailed estimates and comprehensive study on costs; State estimates, survey form (1) The Administrator, in cooperation with the States, including water pollution control agencies and other water pollution control planning agencies, shall make (A) a detailed estimate of the cost of carrying out the provisions of this chapter; (B) a detailed estimate, biennially revised, of the cost of construction of all needed publicly owned treatment works in all of the States and of the cost of construction of all needed publicly owned treatment works in each of the States; (C) a comprehensive study of the economic impact on affected units of government of the cost of installation of treatment facilities; and (D) a comprehensive analysis of the national requirements for and the cost of treating municipal, industrial, and other effluent to attain the water quality objectives as established by this chapter or applicable State law. The Administrator shall submit such detailed estimate and such comprehensive study of such cost to the Congress no later than February 10 of each odd-numbered year. Whenever the Administrator, pursuant to this subsection, requests and receives an estimate of cost from a State, he shall furnish copies of such estimate together with such detailed estimate to Congress. (2) Notwithstanding the second sentence of paragraph (1) of this subsection, the Administrator shall make a preliminary detailed estimate called for by subparagraph (B) of such paragraph and shall submit such preliminary detailed estimate to the Congress no later than September 3, 1974 section 1281(g)(2)(A) of this title section 1313 of this title section 1292(2) of this title January 31, 1974 (c) Status of combined sewer overflows in municipal treatment works operations The Administrator shall submit to the Congress by October 1, 1978 (d) Legislative recommendations on program requiring coordination between water supply and wastewater control plans as condition for construction grants; public hearing The Administrator, in cooperation with the States, including water pollution control agencies, and other water pollution control planning agencies, and water supply and water resources agencies of the States and the United States shall submit to Congress, within two years of December 27, 1977 (e) State revolving fund report (1) In general Not later than February 10, 1990 (2) Contents The report under this subsection shall also include the following: (A) an inventory of the facilities that are in significant noncompliance with the enforceable requirements of this chapter; (B) an estimate of the cost of construction necessary to bring such facilities into compliance with such requirements; (C) an assessment of the availability of sources of funds for financing such needed construction, including an estimate of the amount of funds available for providing assistance for such construction through September 30, 1999 (D) an assessment of the operations, loan portfolio, and loan conditions of such revolving funds; (E) an assessment of the effect on user charges of the assistance provided by such revolving funds compared to the assistance provided with funds appropriated pursuant to section 1287 of this title (F) an assessment of the efficiency of the operation and maintenance of treatment works constructed with assistance provided by such revolving funds compared to the efficiency of the operation and maintenance of treatment works constructed with assistance provided under section 1281 of this title ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 895 Pub. L. 93243,  4 Jan. 2, 1974 87 Stat. 1069 Pub. L. 95217 Dec. 27, 1977 91 Stat. 1608 Pub. L. 1004, title II,  212(c) Feb. 4, 1987 101 Stat. 27 Pub. L. 10466, title II,  2021(d) Dec. 21, 1995 109 Stat. 727 Pub. L. 105362, title V,  501(d)(1) Nov. 10, 1998 112 Stat. 3283 Pub. L. 107303, title III,  302(b)(1) Nov. 27, 2002 116 Stat. 2361  Editorial Notes Amendments 2002Subsecs. (a) to (e). Pub. L. 107303 Pub. L. 105362,  501(d)(1) 1998Subsec. (a). Pub. L. 105362,  501(d)(1)(A) Pub. L. 107303 Subsec. (b). Pub. L. 105362,  501(d) Pub. L. 107303 Subsecs. (c) to (e). Pub. L. 105362,  501(d)(1)(A) Pub. L. 107303 1995Subsecs. (d), (e), (g). Pub. L. 10466 1987Subsec. (g). Pub. L. 1004 1977Subsecs. (c) to (e). Pub. L. 95217 1974Subsec. (b). Pub. L. 93243 Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by Pub. L. 107303 Nov. 10, 1998 33 U.S.C. 1251 Nov. 27, 2002 Pub. L. 105362 section 302(b) of Pub. L. 107303 section 1254 of this title Studies and Reports Pub. L. 1004, title III,  308(g) Feb. 4, 1987 101 Stat. 40 Feb. 4, 1987 Pub. L. 1004, title III,  314(b) Feb. 4, 1987 101 Stat. 49 Dec. 1, 1988 Pub. L. 1004, title IV,  404(c) Feb. 4, 1987 101 Stat. 69 section 1313a of this title section 1342(a)(1)(B) of this title Feb. 4, 1987 Pub. L. 10466, title II,  2021(e)(1) Dec. 21, 1995 109 Stat. 727 Pub. L. 1004, title V,  516 Feb. 4, 1987 101 Stat. 86 Feb. 4, 1987 Pub. L. 1004, title V,  517 Feb. 4, 1987 101 Stat. 86 Feb. 4, 1987 Pub. L. 1004, title V,  518 Feb. 4, 1987 101 Stat. 86 section 1314(h) of this title Feb. 4, 1987 Pub. L. 1004, title V,  519 Feb. 4, 1987 101 Stat. 87 Feb. 4, 1987 Pub. L. 1004, title V,  520 Feb. 4, 1987 101 Stat. 87 Feb. 4, 1987 Pub. L. 1004, title V,  522 Feb. 4, 1987 101 Stat. 88 Feb. 4, 1987 Pub. L. 1004, title V,  523 Feb. 4, 1987 101 Stat. 89 Feb. 4, 1987 Pub. L. 1004, title V,  524 Feb. 4, 1987 101 Stat. 89 Dec. 31, 1987 Pub. L. 1004, title V,  525 Feb. 4, 1987 101 Stat. 89 Detailed Estimates, Comprehensive Study, and Comprehensive Analysis; Report to Congress not Later Than December 31, 1982 Pub. L. 97117,  25 Dec. 29, 1981 95 Stat. 1633 December 31, 1982 section 1375(b) of this title Pub. L. 97117 section 1251 of this title section 2(a) of Pub. L. 97117 section 1281(g)(1) of this title Study and Report to Congress by Secretary of the Interior of Financing Water Pollution Prevention, Control, and Abatement Programs Pub. L. 91224, title I,  109 Apr. 3, 1970 34 Stat. 113 Dec. 31, 1970 Termination of Advisory Boards Advisory boards in existence on Jan. 5, 1973 Jan. 5, 1973  1375a. Report on coastal recreation waters (a) In general Not later than 4 years after October 10, 2000 (1) recommendations concerning the need for additional water quality criteria for pathogens and pathogen indicators and other actions that should be taken to improve the quality of coastal recreation waters; (2) an evaluation of Federal, State, and local efforts to implement this Act, including the amendments made by this Act; and (3) recommendations on improvements to methodologies and techniques for monitoring of coastal recreation waters. (b) Coordination The Administrator of the Environmental Protection Agency may coordinate the report under this section with other reporting requirements under the Federal Water Pollution Control Act ( 33 U.S.C. 1251 ( Pub. L. 106284,  7 Oct. 10, 2000 114 Stat. 876  Editorial Notes  References in Text This Act, referred to in subsec. (a)(2), is Pub. L. 106284 Oct. 10, 2000 114 Stat. 870 section 1251 of this title The Federal Water Pollution Control Act, referred to in subsec. (b), is act June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 816 section 1251 of this title Codification Section was enacted as part of the Beaches Environmental Assessment and Coastal Health Act of 2000, and not as part of the Federal Water Pollution Control Act which comprises this chapter.  1376. Authorization of appropriations  There are authorized to be appropriated to carry out this chapter, other than sections 1254, 1255, 1256(a), 1257, 1258, 1262, 1263, 1264, 1 1 l 1 June 30, 1973 June 30, 1974 June 30, 1975 September 30, 1977 September 30, 1978 September 30, 1979 September 30, 1980 September 30, 1981 September 30, 1982 ( June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 896 Pub. L. 95217,  4(g) Dec. 27, 1977 91 Stat. 1567 Pub. L. 96483,  1(g) Oct. 21, 1980 94 Stat. 2360 Pub. L. 1004, title I,  101(h) Feb. 4, 1987 101 Stat. 9  Editorial Notes  References in Text Section 1264 of this title Section 1321(k) of this title Pub. L. 101380, title II,  2002(b)(2) Aug. 18, 1990 104 Stat. 507 Amendments 1987 Pub. L. 1004 1980 Pub. L. 96483 Sept. 30, 1981 Sept. 30, 1982 1977 Pub. L. 95217 June 30, 1975 September 30, 1977 September 30, 1978 September 30, 1979 September 30, 1980 June 30, 1975 Statutory Notes and Related Subsidiaries Authorization Approval for Funds Appropriated Before December 27, 1977 September 30, 1977 Pub. L. 95217,  3 Dec. 27, 1977 91 Stat. 1566 Dec. 27, 1977 June 30, 1976 September 30, 1976 September 30, 1977  1377. Indian tribes (a) Policy Nothing in this section shall be construed to affect the application of section 1251(g) of this title section 1251(g) of this title section 1251(g) of this title (b) Assessment of sewage treatment needs; report The Administrator, in cooperation with the Director of the Indian Health Service, shall assess the need for sewage treatment works to serve Indian tribes, the degree to which such needs will be met through funds allotted to States under section 1285 of this title section 1296 of this title February 4, 1987 (c) Reservation of funds (1) Fiscal years 19872014 The Administrator shall reserve each of fiscal years 1987 through 2014, before allotments to the States under section 1285(e) of this title section 1287 of this title (2) Fiscal year 2015 and thereafter For fiscal year 2015 and each fiscal year thereafter, the Administrator shall reserve, before allotments to the States under section 1384(a) of this title (3) Use of funds Funds reserved under this subsection shall be available only for grants for projects and activities eligible for assistance under section 1383(c) of this title (A) Indian tribes (as defined in subsection (h)); (B) former Indian reservations in Oklahoma (as determined by the Secretary of the Interior); and (C) Native villages (as defined in section 1602 of title 43 (d) Cooperative agreements In order to ensure the consistent implementation of the requirements of this chapter, an Indian tribe and the State or States in which the lands of such tribe are located may enter into a cooperative agreement, subject to the review and approval of the Administrator, to jointly plan and administer the requirements of this chapter. (e) Treatment as States The Administrator is authorized to treat an Indian tribe as a State for purposes of subchapter II of this chapter and sections 1254, 1256, 1313, 1315, 1318, 1319, 1324, 1329, 1341, 1342, 1344, and 1346 of this title to the degree necessary to carry out the objectives of this section, but only if (1) the Indian tribe has a governing body carrying out substantial governmental duties and powers; (2) the functions to be exercised by the Indian tribe pertain to the management and protection of water resources which are held by an Indian tribe, held by the United States in trust for Indians, held by a member of an Indian tribe if such property interest is subject to a trust restriction on alienation, or otherwise within the borders of an Indian reservation; and (3) the Indian tribe is reasonably expected to be capable, in the Administrators judgment, of carrying out the functions to be exercised in a manner consistent with the terms and purposes of this chapter and of all applicable regulations. Such treatment as a State may include the direct provision of funds reserved under subsection (c) to the governing bodies of Indian tribes, and the determination of priorities by Indian tribes, where not determined by the Administrator in cooperation with the Director of the Indian Health Service. The Administrator, in cooperation with the Director of the Indian Health Service, is authorized to make grants under subchapter II of this chapter in an amount not to exceed 100 percent of the cost of a project. Not later than 18 months after February 4, 1987 (f) Grants for nonpoint source programs The Administrator shall make grants to an Indian tribe under section 1329 of this title section 1329 of this title section 1329 of this title 1 1 (g) Alaska Native organizations No provision of this chapter shall be construed to (1) grant, enlarge, or diminish, or in any way affect the scope of the governmental authority, if any, of any Alaska Native organization, including any federally-recognized tribe, traditional Alaska Native council, or Native council organized pursuant to the Act of June 18, 1934 48 Stat. 987 (2) create or validate any assertion by such organization or any form of governmental authority over lands or persons in Alaska; or (3) in any way affect any assertion that Indian country, as defined in section 1151 of title 18 (h) Definitions For purposes of this section, the term (1) Federal Indian reservation means all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation; and (2) Indian tribe means any Indian tribe, band, group, or community recognized by the Secretary of the Interior and exercising governmental authority over a Federal Indian reservation. ( June 30, 1948, ch. 758 Pub. L. 1004, title V,  506 Feb. 4, 1987 101 Stat. 76 Pub. L. 100581, title II,  207 Nov. 1, 1988 102 Stat. 2940 Pub. L. 106284,  6 Oct. 10, 2000 114 Stat. 876 Pub. L. 113121, title V,  5013 June 10, 2014 128 Stat. 1328  Editorial Notes  References in Text Act of June 18, 1934 48 Stat. 987 act June 18, 1934, ch. 576 48 Stat. 984 section 5101 of Title 25 Prior Provisions A prior section 518 of act June 30, 1948 section 1251 of this title Amendments 2014Subsec. (c). Pub. L. 113121,  5013(1) Subsec. (c)(1). Pub. L. 113121,  5013(2) September 30, 1986 Public Law 92203 2000Subsec. (e). Pub. L. 106284 1988Subsec. (c). Pub. L. 100581 Public Law 92203 Statutory Notes and Related Subsidiaries Grants for Construction of Water Facilities and for Water Quality Protection Pub. L. 10954, title II Aug. 2, 2005 119 Stat. 530 That, notwithstanding this or any other appropriations Act, heretofore and hereafter, after consultation with the House and Senate Committees on Appropriations and for the purpose of making technical corrections, the Administrator is authorized to award grants under this heading [State and Tribal Assistance Grants] to entities and for purposes other than those listed in the joint explanatory statements of the managers accompanying the Agencys appropriations Acts for the construction of drinking water, wastewater and stormwater infrastructure and for water quality protection. Grants to Indian Tribes Provisions stating that for fiscal year 2006 and notwithstanding section 1377(f) of this title section 1329 of this title Pub. L. 10954, title II Aug. 2, 2005 119 Stat. 530 Pub. L. 108447, div. I, title III Dec. 8, 2004 118 Stat. 3330 Pub. L. 108199, div. G, title III Jan. 23, 2004 118 Stat. 406 Pub. L. 1087, div. K, title III Feb. 20, 2003 117 Stat. 512 Pub. L. 10773, title III Nov. 26, 2001 115 Stat. 685 Pub. L. 106377,  1(a)(1) [title III] Oct. 27, 2000 114 Stat. 1441 Pub. L. 10674, title III Oct. 20, 1999 113 Stat. 1083  1377a. Green infrastructure promotion (a) In general The Administrator shall promote the use of green infrastructure in, and coordinate the integration of green infrastructure into, permitting and enforcement under this chapter, planning efforts, research, technical assistance, and funding guidance of the Environmental Protection Agency. (b) Coordination of efforts The Administrator shall ensure that the Office of Water coordinates efforts to increase the use of green infrastructure with (1) other Federal departments and agencies; (2) State, tribal, and local governments; and (3) the private sector. (c) Regional green infrastructure promotion The Administrator shall direct each regional office of the Environmental Protection Agency, as appropriate based on local factors, and consistent with the requirements of this chapter, to promote and integrate the use of green infrastructure within the region, including through (1) outreach and training regarding green infrastructure implementation for State, tribal, and local governments, tribal communities, and the private sector; and (2) the incorporation of green infrastructure into permitting and other regulatory programs, codes, and ordinance development, including the requirements under consent decrees and settlement agreements in enforcement actions. (d) Green infrastructure information-sharing The Administrator shall promote green infrastructure information-sharing, including through an internet website, to share information with, and provide technical assistance to, State, tribal, and local governments, tribal communities, the private sector, and the public, regarding green infrastructure approaches for (1) reducing water pollution; (2) protecting water resources; (3) complying with regulatory requirements; and (4) achieving other environmental, public health, and community goals. ( June 30, 1948, ch. 758 Pub. L. 115436,  5(b)(2) Jan. 14, 2019 132 Stat. 5561  Editorial Notes Prior Provisions A prior section 519 of act June 30, 1948 section 1251 of this title SUBCHAPTER VI STATE WATER POLLUTION CONTROL REVOLVING FUNDS  1381. Grants to States for establishment of revolving funds (a) General authority Subject to the provisions of this subchapter, the Administrator shall make capitalization grants to each State for the purpose of establishing a water pollution control revolving fund to accomplish the objectives, goals, and policies of this chapter by providing assistance for projects and activities identified in section 1383(c) of this title (b) Schedule of grant payments The Administrator and each State shall jointly establish a schedule of payments under which the Administrator will pay to the State the amount of each grant to be made to the State under this subchapter. Such schedule shall be based on the States intended use plan under section 1386(c) of this title (1) such payments shall be made in quarterly installments, and (2) such payments shall be made as expeditiously as possible, but in no event later than the earlier of (A) 8 quarters after the date such funds were obligated by the State, or (B) 12 quarters after the date such funds were allotted to the State. ( June 30, 1948, ch. 758 Pub. L. 1004, title II,  212(a) Feb. 4, 1987 101 Stat. 22 Pub. L. 113121, title V,  5001 June 10, 2014 128 Stat. 1322  Editorial Notes Amendments 2014Subsec. (a). Pub. L. 113121 section 1383(c) of this title section 1292 of this title section 1329 of this title section 1330 of this title Statutory Notes and Related Subsidiaries Effective Date of 2014 Amendment Pub. L. 113121, title V,  5006 June 10, 2014 128 Stat. 1327 This subtitle [subtitle A ( 50015006) of title V of Pub. L. 113121 section 1388 of this title October 1, 2014  1382. Capitalization grant agreements (a) General rule To receive a capitalization grant with funds made available under this subchapter and section 1285(m) of this title (b) Specific requirements The Administrator shall enter into an agreement under this section with a State only after the State has established to the satisfaction of the Administrator that (1) the State will accept grant payments with funds to be made available under this subchapter and section 1285(m) of this title section 1381(b) of this title (2) the State will deposit in the fund from State moneys an amount equal to at least 20 percent of the total amount of all capitalization grants which will be made to the State with funds to be made available under this subchapter and section 1285(m) of this title (3) the State will enter into binding commitments to provide assistance in accordance with the requirements of this subchapter in an amount equal to 120 percent of the amount of each such grant payment within 1 year after the receipt of such grant payment; (4) all funds in the fund will be expended in an expeditious and timely manner; (5) all funds in the fund as a result of capitalization grants under this subchapter and section 1285(m) of this title (6) treatment works eligible under this chapter which will be constructed in whole or in part with assistance made available by a State water pollution control revolving fund authorized under this subchapter, or section 1285(m) of this title (7) in addition to complying with the requirements of this subchapter, the State will commit or expend each quarterly grant payment which it will receive under this subchapter in accordance with laws and procedures applicable to the commitment or expenditure of revenues of the State; (8) in carrying out the requirements of section 1386 of this title (9) the State will require as a condition of making a loan or providing other assistance, as described in section 1383(d) of this title (10) the State will make annual reports to the Administrator on the actual use of funds in accordance with section 1386(d) of this title (11) the State will establish, maintain, invest, and credit the fund with repayments, such that the fund balance will be available in perpetuity for activities under this chapter; (12) any fees charged by the State to recipients of assistance that are considered program income will be used for the purpose of financing the cost of administering the fund or financing projects or activities eligible for assistance from the fund; (13) beginning in fiscal year 2016, the State will require as a condition of providing assistance to a municipality or intermunicipal, interstate, or State agency that the recipient of such assistance certify, in a manner determined by the Governor of the State, that the recipient (A) has studied and evaluated the cost and effectiveness of the processes, materials, techniques, and technologies for carrying out the proposed project or activity for which assistance is sought under this subchapter; and (B) has selected, to the maximum extent practicable, a project or activity that maximizes the potential for efficient water use, reuse, recapture, and conservation, and energy conservation, taking into account (i) the cost of constructing the project or activity; (ii) the cost of operating and maintaining the project or activity over the life of the project or activity; and (iii) the cost of replacing the project or activity; and (14) a contract to be carried out using funds directly made available by a capitalization grant under this subchapter for program management, construction management, feasibility studies, preliminary engineering, design, engineering, surveying, mapping, or architectural related services shall be negotiated in the same manner as a contract for architectural and engineering services is negotiated under chapter 11 of title 40 or an equivalent State qualifications-based requirement (as determined by the Governor of the State). ( June 30, 1948, ch. 758 Pub. L. 1004, title II,  212(a) Feb. 4, 1987 101 Stat. 22 Pub. L. 113121, title V,  5002 June 10, 2014 128 Stat. 1322  Editorial Notes Amendments 2014Subsec. (b)(6). Pub. L. 113121,  5002(1) section 1383(c)(1) of this title section 1285(m) of this title section 1285(m) of this title o Subsec. (b)(9). Pub. L. 113121,  5002(2) Subsec. (b)(11) to (14). Pub. L. 113121,  5002(3) Statutory Notes and Related Subsidiaries Effective Date of 2014 Amendment Amendment by Pub. L. 113121 Oct. 1, 2014 section 5006 of Pub. L. 113121 section 1381 of this title  1383. Water pollution control revolving loan funds (a) Requirements for obligation of grant funds Before a State may receive a capitalization grant with funds made available under this subchapter and section 1285(m) of this title (b) Administration Each State water pollution control revolving fund shall be administered by an instrumentality of the State with such powers and limitations as may be required to operate such fund in accordance with the requirements and objectives of this chapter. (c) Projects and activities eligible for assistance The amounts of funds available to each State water pollution control revolving fund shall be used only for providing financial assistance (1) to any municipality or intermunicipal, interstate, or State agency for construction of publicly owned treatment works (as defined in section 1292 of this title (2) for the implementation of a management program established under section 1329 of this title (3) for development and implementation of a conservation and management plan under section 1330 of this title (4) for the construction, repair, or replacement of decentralized wastewater treatment systems that treat municipal wastewater or domestic sewage; (5) for measures to manage, reduce, treat, or recapture stormwater or subsurface drainage water; (6) to any municipality or intermunicipal, interstate, or State agency for measures to reduce the demand for publicly owned treatment works capacity through water conservation, efficiency, or reuse; (7) for the development and implementation of watershed projects meeting the criteria set forth in section 1274 of this title (8) to any municipality or intermunicipal, interstate, or State agency for measures to reduce the energy consumption needs for publicly owned treatment works; (9) for reusing or recycling wastewater, stormwater, or subsurface drainage water; (10) for measures to increase the security of publicly owned treatment works; (11) to any qualified nonprofit entity, as determined by the Administrator, to provide assistance to owners and operators of small and medium publicly owned treatment works (A) to plan, develop, and obtain financing for eligible projects under this subsection, including planning, design, and associated preconstruction activities; and (B) to assist such treatment works in achieving compliance with this chapter; and (12) to any qualified nonprofit entity, as determined by the Administrator, to provide assistance to an eligible individual (as defined in subsection (j)) (A) for the repair or replacement of existing individual household decentralized wastewater treatment systems; or (B) in a case in which an eligible individual resides in a household that could be cost-effectively connected to an available publicly owned treatment works, for the connection of the applicable household to such treatment works. (d) Types of assistance Except as otherwise limited by State law and provided in subsection (k), a water pollution control revolving fund of a State under this section may be used only (1) to make loans, on the condition that (A) such loans are made at or below market interest rates, including interest free loans, at terms not to exceed the lesser of 30 years and the projected useful life (as determined by the State) of the project to be financed with the proceeds of the loan; (B) annual principal and interest payments will commence not later than 1 year after completion of any project and all loans will be fully amortized upon the expiration of the term of the loan; (C) the recipient of a loan will establish a dedicated source of revenue for repayment of loans; (D) the fund will be credited with all payments of principal and interest on all loans; and (E) for a treatment works proposed for repair, replacement, or expansion, and eligible for assistance under subsection (c)(1), the recipient of a loan shall (i) develop and implement a fiscal sustainability plan that includes (I) an inventory of critical assets that are a part of the treatment works; (II) an evaluation of the condition and performance of inventoried assets or asset groupings; (III) a certification that the recipient has evaluated and will be implementing water and energy conservation efforts as part of the plan; and (IV) a plan for maintaining, repairing, and, as necessary, replacing the treatment works and a plan for funding such activities; or (ii) certify that the recipient has developed and implemented a plan that meets the requirements under clause (i); (2) to buy or refinance the debt obligation of municipalities and intermunicipal and interstate agencies within the State at or below market rates, where such debt obligations were incurred after March 7, 1985 (3) to guarantee, or purchase insurance for, local obligations where such action would improve credit market access or reduce interest rates; (4) as a source of revenue or security for the payment of principal and interest on revenue or general obligation bonds issued by the State if the proceeds of the sale of such bonds will be deposited in the fund; (5) to provide loan guarantees for similar revolving funds established by municipalities or intermunicipal agencies; (6) to earn interest on fund accounts; and (7) for the reasonable costs of administering the fund and conducting activities under this subchapter, except that such amounts shall not exceed 4 percent of all grant awards to such fund under this subchapter, $400,000 per year, or 15 percent per year of the current valuation of the fund, whichever amount is greatest, plus the amount of any fees collected by the State for such purpose regardless of the source. (e) Limitation to prevent double benefits If a State makes, from its water pollution revolving fund, a loan which will finance the cost of facility planning and the preparation of plans, specifications, and estimates for construction of publicly owned treatment works, the State shall ensure that if the recipient of such loan receives a grant under section 1281(g) of this title l (f) Consistency with planning requirements A State may provide financial assistance from its water pollution control revolving fund only with respect to a project which is consistent with plans, if any, developed under sections 1285(j), 1288, 1313(e), 1329, and 1330 of this title. (g) Priority list requirement The State may provide financial assistance from its water pollution control revolving fund only with respect to a project for construction of a treatment works described in subsection (c)(1) if such project is on the States priority list under section 1296 of this title (h) Eligibility of non-Federal share of construction grant projects A State water pollution control revolving fund may provide assistance (other than under subsection (d)(1) of this section) to a municipality or intermunicipal or interstate agency with respect to the non-Federal share of the costs of a treatment works project for which such municipality or agency is receiving assistance from the Administrator under any other authority only if such assistance is necessary to allow such project to proceed. (i) Additional subsidization (1) In general In any case in which a State provides assistance to an eligible recipient under subsection (d), the State may provide additional subsidization (including forgiveness of principal, grants, negative interest loans, other loan forgiveness, and through buying, refinancing, or restructuring debt) (A) in assistance to a municipality or intermunicipal, interstate, or State agency to benefit a municipality that (i) meets the affordability criteria of the State established under paragraph (2); or (ii) does not meet the affordability criteria of the State if the recipient (I) seeks additional subsidization to benefit individual ratepayers in the residential user rate class; (II) demonstrates to the State that such ratepayers will experience a significant hardship from the increase in rates necessary to finance the project or activity for which assistance is sought; and (III) ensures, as part of an assistance agreement between the State and the recipient, that the additional subsidization provided under this paragraph is directed through a user charge rate system (or other appropriate method) to such ratepayers; or (B) to implement a process, material, technique, or technology (i) to address water-efficiency goals; (ii) to address energy-efficiency goals; (iii) to mitigate stormwater runoff; or (iv) to encourage sustainable project planning, design, and construction. (2) Affordability criteria (A) Establishment (i) In general Not later than September 30, 2015 (ii) Contents The criteria under clause (i) shall be based on income and unemployment data, population trends, and other data determined relevant by the State, including whether the project or activity is to be carried out in an economically distressed area, as described in section 3161 of title 42 (B) Existing criteria If a State has previously established, after providing notice and an opportunity for public comment, affordability criteria that meet the requirements of subparagraph (A) (i) the State may use the criteria for the purposes of this subsection; and (ii) those criteria shall be treated as affordability criteria established under this paragraph. (C) Information to assist States The Administrator may publish information to assist States in establishing affordability criteria under subparagraph (A). (3) Limitations (A) In general A State may provide additional subsidization in a fiscal year under this subsection only if the total amount appropriated for making capitalization grants to all States under this subchapter for the fiscal year exceeds $1,000,000,000. (B) Total amount of subsidization (i) In general For each fiscal year, of the amount of the capitalization grant received by the State under this subchapter, the total amount of additional subsidization made available by a State under paragraph (1) (I) may not exceed 30 percent; and (II) to the extent that there are sufficient applications for assistance to communities described in that paragraph, may not be less than 10 percent. (ii) Exclusion A loan from the water pollution control revolving fund of a State with an interest rate equal to or greater than 0 percent shall not be considered additional subsidization for purposes of this subparagraph. (C) Applicability The authority of a State to provide additional subsidization under this subsection shall apply to amounts received by the State in capitalization grants under this subchapter for fiscal years beginning after September 30, 2014 (D) Consideration If the State provides additional subsidization to a municipality or intermunicipal, interstate, or State agency under this subsection that meets the criteria under paragraph (1)(A), the State shall take the criteria set forth in section 1382(b)(5) of this title (j) Definition of eligible individual In subsection (c)(12), the term eligible individual means a member of a household, the members of which have a combined income (for the most recent 12-month period for which information is available) equal to not more than 50 percent of the median nonmetropolitan household income for the State in which the household is located, according to the most recent decennial census. (k) Additional use of funds A State may use an additional 2 percent of the funds annually awarded to each State under this subchapter for nonprofit organizations (as defined in section 1254(w) of this title section 1254(b)(8)(B) of this title ( June 30, 1948, ch. 758 Pub. L. 1004, title II,  212(a) Feb. 4, 1987 101 Stat. 23 Pub. L. 113121, title V,  5003 June 10, 2014 128 Stat. 1323 Pub. L. 114322, title IV,  5012 Dec. 16, 2016 130 Stat. 1902 Pub. L. 115270, title IV,  4107(a) Oct. 23, 2018 132 Stat. 3876 Pub. L. 11758, div. E, title II,  50210(a)(1) Nov. 15, 2021 135 Stat. 1169  Editorial Notes Amendments 2021Subsec. (d). Pub. L. 11758,  50210(a)(1)(A) Subsec. (i)(1). Pub. L. 11758,  50210(a)(1)(B)(i) Subsec. (i)(3)(B). Pub. L. 11758,  50210(a)(1)(B)(ii) Subsec. (k). Pub. L. 11758,  50210(a)(1)(C) 2018Subsec. (c)(12). Pub. L. 115270,  4107(a)(1) Subsec. (j). Pub. L. 115270,  4107(a)(2) 2016Subsec. (i)(1). Pub. L. 114322,  5012(1) Subsec. (i)(1)(A). Pub. L. 114322,  5012(2) 2014Subsec. (c). Pub. L. 113121,  5003(1) section 1292 of this title section 1329 of this title section 1330 of this title Subsec. (d)(1)(A). Pub. L. 113121,  5003(2)(A)(i) Subsec. (d)(1)(B). Pub. L. 113121,  5003(2)(A)(ii) Subsec. (d)(1)(E). Pub. L. 113121,  5003(2)(A)(iii) Subsec. (d)(7). Pub. L. 113121,  5003(2)(B) Subsec. (i). Pub. L. 113121,  5003(3) Statutory Notes and Related Subsidiaries Effective Date of 2014 Amendment Amendment by Pub. L. 113121 Oct. 1, 2014 section 5006 of Pub. L. 113121 section 1381 of this title  1384. Allotment of funds (a) Formula Sums authorized to be appropriated to carry out this section for each of fiscal years 1989 and 1990 shall be allotted by the Administrator in accordance with section 1285(c) of this title (b) Reservation of funds for planning Each State shall reserve each fiscal year 1 percent of the sums allotted to such State under this section for such fiscal year, or $100,000, whichever amount is greater, to carry out planning under sections 1285(j) and 1313(e) of this title. (c) Allotment period (1) Period of availability for grant award Sums allotted to a State under this section for a fiscal year shall be available for obligation by the State during the fiscal year for which sums are authorized and during the following fiscal year. (2) Reallotment of unobligated funds The amount of any allotment not obligated by the State by the last day of the 2-year period of availability established by paragraph (1) shall be immediately reallotted by the Administrator on the basis of the same ratio as is applicable to sums allotted under subchapter II of this chapter for the second fiscal year of such 2-year period. None of the funds reallotted by the Administrator shall be reallotted to any State which has not obligated all sums allotted to such State in the first fiscal year of such 2-year period. ( June 30, 1948, ch. 758 Pub. L. 1004, title II,  212(a) Feb. 4, 1987 101 Stat. 25  Statutory Notes and Related Subsidiaries Use of Capitalization Grant Funds for Construction Grants Pub. L. 101144, title III Nov. 9, 1989 103 Stat. 858 Pub. L. 101302, title II May 25, 1990 104 Stat. 238 That, notwithstanding any other provision of law, sums heretofore, herein or hereafter appropriated under this heading [ Environmental Protection Agency construction grants 33 U.S.C. 1381 33 U.S.C. 1281 September 30, 1992  1385. Corrective action (a) Notification of noncompliance If the Administrator determines that a State has not complied with its agreement with the Administrator under section 1382 of this title (b) Withholding of payments If a State does not take corrective action within 60 days after the date a State receives notification of such action under subsection (a), the Administrator shall withhold additional payments to the State until the Administrator is satisfied that the State has taken the necessary corrective action. (c) Reallotment of withheld payments If the Administrator is not satisfied that adequate corrective actions have been taken by the State within 12 months after the State is notified of such actions under subsection (a), the payments withheld from the State by the Administrator under subsection (b) shall be made available for reallotment in accordance with the most recent formula for allotment of funds under this subchapter. ( June 30, 1948, ch. 758 Pub. L. 1004, title II,  212(a) Feb. 4, 1987 101 Stat. 25  1386. Audits, reports, and fiscal controls; intended use plan (a) Fiscal control and auditing procedures Each State electing to establish a water pollution control revolving fund under this subchapter shall establish fiscal controls and accounting procedures sufficient to assure proper accounting during appropriate accounting periods for (1) payments received by the fund; (2) disbursements made by the fund; and (3) fund balances at the beginning and end of the accounting period. (b) Annual Federal audits The Administrator shall, at least on an annual basis, conduct or require each State to have independently conducted reviews and audits as may be deemed necessary or appropriate by the Administrator to carry out the objectives of this section. Audits of the use of funds deposited in the water pollution revolving fund established by such State shall be conducted in accordance with the auditing procedures of the Government Accountability Office, including chapter 75 of title 31. (c) Intended use plan After providing for public comment and review, each State shall annually prepare a plan identifying the intended uses of the amounts available to its water pollution control revolving fund. Such intended use plan shall include, but not be limited to (1) a list of those projects for construction of publicly owned treatment works on the States priority list developed pursuant to section 1296 of this title (2) a description of the short- and long-term goals and objectives of its water pollution control revolving fund; (3) information on the activities to be supported, including a description of project categories, discharge requirements under subchapters III and IV of this chapter, terms of financial assistance, and communities served; (4) assurances and specific proposals for meeting the requirements of paragraphs (3), (4), (5), and (6) of section 1382(b) of this title (5) the criteria and method established for the distribution of funds. (d) Annual report Beginning the first fiscal year after the receipt of payments under this subchapter, the State shall provide an annual report to the Administrator describing how the State has met the goals and objectives for the previous fiscal year as identified in the plan prepared for the previous fiscal year pursuant to subsection (c), including identification of loan recipients, loan amounts, and loan terms and similar details on other forms of financial assistance provided from the water pollution control revolving fund. (e) Annual Federal oversight review The Administrator shall conduct an annual oversight review of each State plan prepared under subsection (c), each State report prepared under subsection (d), and other such materials as are considered necessary and appropriate in carrying out the purposes of this subchapter. After reasonable notice by the Administrator to the State or the recipient of a loan from a water pollution control revolving fund, the State or loan recipient shall make available to the Administrator such records as the Administrator reasonably requires to review and determine compliance with this subchapter. (f) Applicability of subchapter II provisions Except to the extent provided in this subchapter, the provisions of subchapter II shall not apply to grants under this subchapter. ( June 30, 1948, ch. 758 Pub. L. 1004, title II,  212(a) Feb. 4, 1987 101 Stat. 25 Pub. L. 108271,  8(b) July 7, 2004 118 Stat. 814  Editorial Notes Amendments 2004Subsec. (b). Pub. L. 108271  1387. Authorization of appropriations There are authorized to be appropriated to carry out the purposes of this subchapter (1) $2,400,000,000 for fiscal year 2022; (2) $2,750,000,000 for fiscal year 2023; (3) $3,000,000,000 for fiscal year 2024; and (4) $3,250,000,000 for each of fiscal years 2025 and 2026. ( June 30, 1948, ch. 758 Pub. L. 1004, title II,  212(a) Feb. 4, 1987 101 Stat. 26 Pub. L. 11758, div. E, title II,  50210(b) Nov. 15, 2021 135 Stat. 1169  Editorial Notes Amendments 2021 Pub. L. 11758  1388. Requirements (a) In general Funds made available from a State water pollution control revolving fund established under this subchapter may not be used for a project for the construction, alteration, maintenance, or repair of treatment works unless all of the iron and steel products used in the project are produced in the United States. (b) Definition of iron and steel products In this section, the term iron and steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, construction materials. (c) Application Subsection (a) shall not apply in any case or category of cases in which the Administrator finds that (1) applying subsection (a) would be inconsistent with the public interest; (2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. (d) Waiver If the Administrator receives a request for a waiver under this section, the Administrator shall make available to the public, on an informal basis, a copy of the request and information available to the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Administrator shall make the request and accompanying information available by electronic means, including on the official public Internet site of the Environmental Protection Agency. (e) International agreements This section shall be applied in a manner consistent with United States obligations under international agreements. (f) Management and oversight The Administrator may retain up to 0.25 percent of the funds appropriated for this subchapter for management and oversight of the requirements of this section. (g) Effective date This section does not apply with respect to a project if a State agency approves the engineering plans and specifications for the project, in that agencys capacity to approve such plans and specifications prior to a project requesting bids, prior to June 10, 2014 ( June 30, 1948, ch. 758 Pub. L. 113121, title V,  5004 June 10, 2014 128 Stat. 1326  Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 1, 2014 section 5006 of Pub. L. 113121 section 1381 of this title  1389. Clean watersheds needs survey (a) Requirement Not later than 2 years after November 15, 2021 (1) conduct and complete an assessment of capital improvement needs for all projects that are eligible under section 1383(c) of this title (2) submit to Congress a report describing the results of the assessment completed under paragraph (1). (b) Authorization of appropriations There is authorized to be appropriated to carry out the initial needs survey under subsection (a) $5,000,000, to remain available until expended. ( June 30, 1948, ch. 758 Pub. L. 11758, div. E, title II,  50220 Nov. 15, 2021 135 Stat. 1180 CHAPTER 27 OCEAN DUMPING    Sec.  1401. Congressional finding, policy, and declaration of purpose.  1402. Definitions.  SUBCHAPTER IREGULATION  1411. Prohibited acts.  1412. Dumping permit program.  1412a. Emergency dumping of industrial waste.  1413. Dumping permit program for dredged material.  1414. Permit conditions.  1414a. Special provisions regarding certain dumping sites.  1414b. Ocean dumping of sewage sludge and industrial waste.  1414c. Prohibition on disposal of sewage sludge at landfills on Staten Island.  1415. Penalties.  1416. Relationship to other laws.  1417. Enforcement.  1418. Regulations.  1419. International cooperation.  1420. Authorization of appropriations.  1421. Omitted.  SUBCHAPTER IIRESEARCH  1441. Monitoring and research program.  1442. Research program respecting possible long-range effects of pollution, overfishing, and man-induced changes of ocean ecosystems.  1443. Research program respecting ocean dumping and other methods of waste disposal.  1444. Annual reports.  1445. Authorization of appropriations.  1401. Congressional finding, policy, and declaration of purpose (a) Dangers of unregulated dumping Unregulated dumping of material into ocean waters endangers human health, welfare, and amenities, and the marine environment, ecological systems, and economic potentialities. (b) Policy of regulation and prevention or limitation The Congress declares that it is the policy of the United States to regulate the dumping of all types of materials into ocean waters and to prevent or strictly limit the dumping into ocean waters of any material which would adversely affect human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities. (c) Regulation of dumping and transportation for dumping purposes It is the purpose of this Act to regulate (1) the transportation by any person of material from the United States and, in the case of United States vessels, aircraft, or agencies, the transportation of material from a location outside the United States, when in either case the transportation is for the purpose of dumping the material into ocean waters, and (2) the dumping of material transported by any person from a location outside the United States, if the dumping occurs in the territorial sea or the contiguous zone of the United States. ( Pub. L. 92532,  2 Oct. 23, 1972 86 Stat. 1052 Pub. L. 93254,  1(1) Mar. 22, 1974 88 Stat. 50  Editorial Notes  References in Text This Act, referred to in subsec. (c), means Pub. L. 92532 Amendments 1974Subsec. (b). Pub. L. 93254 Subsec. (c). Pub. L. 93254 Statutory Notes and Related Subsidiaries Effective Date of 1974 Amendment Pub. L. 93254,  2 Mar. 22, 1974 88 Stat. 51 Pub. L. 93254 Mar. 22, 1974 Short Title of 1988 Amendment Pub. L. 100688, title I,  1001 Nov. 18, 1988 102 Stat. 4139 This title [enacting sections 1414b and 1414c of this title, amending sections 1268, 1412a, and 1414a of this title, and amending provisions set out as a note under section 2267 of this title Short Title Pub. L. 92532,  1 Oct. 23, 1972 86 Stat. 1052 That this Act [enacting this chapter, chapter 41 ( 2801 et seq.) of this title, and chapters 32 ( 1431 et seq.) and 32A ( 1447 et seq.) of Title 16, Conservation] may be cited as the Marine Protection, Research, and Sanctuaries Act of 1972. Executive Documents  Territorial Sea and Contiguous Zone of United States For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No. 7219, respectively, set out as notes under section 1331 of Title 43  Environmental Effects Abroad of Major Federal Actions For provisions relating to environmental effects abroad of major federal actions, see Ex. Ord. No. 12114, Jan. 4, 1979 section 4321 of Title 42  Federal Compliance With Pollution Control Standards For provisions relating to the responsibility of the head of each Executive agency for compliance with applicable pollution control standards, see Ex. Ord. No. 12088, Oct. 13, 1978 section 4321 of Title 42  1402. Definitions For the purposes of this Act the term (a) Administrator means the Administrator of the Environmental Protection Agency. (b) Ocean waters means those waters of the open seas lying seaward of the base line from which the territorial sea is measured, as provided for in the Convention on the Territorial Sea and the Contiguous Zone (15 UST 1606; TIAS 5639). (c) Material means matter of any kind or description, including, but not limited to, dredged material, solid waste, incinerator residue, garbage, sewage, sewage sludge, munitions, radiological, chemical, and biological warfare agents, radioactive materials, chemicals, biological and laboratory waste, wreck or discarded equipment, rock, sand, excavation debris, and industrial, municipal, agricultural, and other waste; but such term does not mean sewage from vessels within the meaning of section 1322 of this title section 1321 of this title (d) United States includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, the territories and possessions of the United States, and the Trust Territory of the Pacific Islands. (e) Person means any private person or entity, or any officer, employee, agent, department, agency, or instrumentality of the Federal Government, of any State or local unit of government, or of any foreign government. (f) Dumping means a disposition of material: Provided 33 U.S.C. 1251 section 407 of this title 42 U.S.C. 2011 Provided, further And provided further (g) District court of the United States includes the District Court of Guam, the District Court of the Virgin Islands, the District Court of Puerto Rico, the District Court of the Canal Zone, and in the case of American Samoa and the Trust Territory of the Pacific Islands, the District Court of the United States for the District of Hawaii, which court shall have jurisdiction over actions arising therein. (h) Secretary means the Secretary of the Army. (i) Dredged material means any material excavated or dredged from the navigable waters of the United States. (j) High-level radioactive waste means the aqueous waste resulting from the operation of the first cycle solvent extraction system, or equivalent and the concentrated waste from subsequent extraction cycles, or equivalent, in a facility for reprocessing irradiated reactor fuels, or irradiated fuel from nuclear power reactors. (k) Medical waste means isolation wastes; infectious agents; human blood and blood products; pathological wastes; sharps; body parts; contaminated bedding; surgical wastes and potentially contaminated laboratory wastes; dialysis wastes; and such additional medical items as the Administrator shall prescribe by regulation. (l) Transport or transportation refers to the carriage and related handling of any material by a vessel, or by any other vehicle, including aircraft. (m) Convention means the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter. ( Pub. L. 92532,  3 Oct. 23, 1972 86 Stat. 1052 Pub. L. 93254,  1(2) Mar. 22, 1974 88 Stat. 50 Pub. L. 100688, title III,  3201(a) Nov. 18, 1988 102 Stat. 4153  Editorial Notes  References in Text This Act, referred to in text, means Pub. L. 92532 For definition of Canal Zone, referred to in subsec. (d), see section 3602(b) of Title 22 The Federal Water Pollution Control Act, as amended, referred to in subsec. (f), is act June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 816 section 1251 of this title The Atomic Energy Act of 1954, as amended, referred to in subsec. (f), is act Aug. 1, 1946, ch. 724 act Aug. 30, 1954, ch. 1073,  1 68 Stat. 919 section 2011 of Title 42 Amendments 1988Subsecs. (k) to (m). Pub. L. 100688 l l 1974Subsec. (c). Pub. L. 93254,  1(2)(A) section 1322 of this title section 1321 of this title Subsec. ( l Pub. L. 93254,  1(2)(C) l Statutory Notes and Related Subsidiaries Effective Date of 1974 Amendment Amendment by Pub. L. 93254 Mar. 22, 1974 section 2 of Pub. L. 93254 section 1401 of this title  Termination of United States District Court for the District of the Canal Zone For termination of the United States District Court for the District of the Canal Zone at end of the transition period, being the 30-month period beginning Oct. 1, 1979 Mar. 31, 1982 Pub. L. 9670, title II Sept. 27, 1979 93 Stat. 493 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  Territorial Sea and Contiguous Zone of United States For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No. 7219, respectively, set out as notes under section 1331 of Title 43 SUBCHAPTER I REGULATION  1411. Prohibited acts (a) Except as may be authorized by a permit issued pursuant to section 1412 or section 1413 of this title section 1418 of this title (1) no person shall transport from the United States, and (2) in the case of a vessel or aircraft registered in the United States or flying the United States flag or in the case of a United States department, agency, or instrumentality, no person shall transport from any location any material for the purpose of dumping it into ocean waters. (b) Except as may be authorized by a permit issued pursuant to section 1412 of this title section 1418 of this title ( Pub. L. 92532, title I,  101 Oct. 23, 1972 86 Stat. 1053 Pub. L. 93254,  1(3) Mar. 22, 1974 88 Stat. 51  Editorial Notes Amendments 1974Subsec. (a). Pub. L. 93254 section 1413 of this title Subsec. (b). Pub. L. 93254 section 1412 of this title section 1418 of this title Subsec. (c). Pub. L. 93254 Statutory Notes and Related Subsidiaries Effective Date of 1974 Amendment Amendment by Pub. L. 93254 Mar. 22, 1974 section 2 of Pub. L. 93254 section 1401 of this title Effective Date Pub. L. 92532, title I,  110(a) Oct. 23, 1972 86 Stat. 1060 This title [this subchapter] shall take effect six months after the date of the enactment of this Act [ Oct. 23, 1972 Savings Provision Pub. L. 92532, title I,  110(b) Oct. 23, 1972 86 Stat. 1060 No legal action begun, or right of action accrued, prior to the effective date of this title [this subchapter] shall be affected by any provision of this title [this subchapter]. Executive Documents  Territorial Sea and Contiguous Zone of United States For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No. 7219, respectively, set out as notes under section 1331 of Title 43  1412. Dumping permit program (a) Environmental Protection Agency permits Except in relation to dredged material, as provided for in section 1413 of this title section 1411(b) of this title (A) The need for the proposed dumping. (B) The effect of such dumping on human health and welfare, including economic, esthetic, and recreational values. (C) The effect of such dumping on fisheries resources, plankton, fish, shellfish, wildlife, shore lines and beaches. (D) The effect of such dumping on marine ecosystems, particularly with respect to (i) the transfer, concentration, and dispersion of such material and its byproducts through biological, physical, and chemical processes. (ii) potential changes in marine ecosystem diversity, productivity, and stability, and (iii) species and community population dynamics. (E) The persistence and permanence of the effects of the dumping. (F) The effect of dumping particular volumes and concentrations of such materials. (G) Appropriate locations and methods of disposal or recycling, including land-based alternatives and the probable impact of requiring use of such alternate locations or methods upon considerations affecting the public interest. (H) The effect on alternate uses of oceans, such as scientific study, fishing, and other living resource exploitation, and non-living resource exploitation. (I) In designating recommended sites, the Administrator shall utilize wherever feasible locations beyond the edge of the Continental Shelf. In establishing or revising such criteria, the Administrator shall consult with Federal, State, and local officials, and interested members of the general public, as may appear appropriate to the Administrator. With respect to such criteria as may affect the civil works program of the Department of the Army, the Administrator shall also consult with the Secretary. In reviewing applications for permits, the Administrator shall make such provision for consultation with interested Federal and State agencies as he deems useful or necessary. No permit shall be issued for a dumping of material which will violate applicable water quality standards. To the extent that he may do so without relaxing the requirements of this subchapter, the Administrator, in establishing or revising such criteria, shall apply the standards and criteria binding upon the United States under the Convention, including its Annexes. (b) Permit categories The Administrator may establish and issue various categories of permits, including the general permits described in section 1414(c) of this title (c) Designation of sites (1) In general The Administrator shall, in a manner consistent with the criteria established pursuant to subsection (a), designate sites or time periods for dumping. The Administrator shall designate sites or time periods for dumping that will mitigate adverse impact on the environment to the greatest extent practicable. (2) Prohibitions regarding site or time period In any case where the Administrator determines that, with respect to certain materials, it is necessary to prohibit dumping at a site or during a time period, the Administrator shall prohibit the dumping of such materials in such site or during such time period. This prohibition shall apply to any dumping at the site or during such time period. This prohibition shall apply to any dumping at the site or during the time period, including any dumping under section 1413(e) of this title (3) Dredged material disposal sites In the case of dredged material disposal sites, the Administrator, in conjunction with the Secretary, shall develop a site management plan for each site designated pursuant to this section. In developing such plans, the Administrator and the Secretary shall provide opportunity for public comment. Such plans shall include, but not be limited to (A) a baseline assessment of conditions at the site; (B) a program for monitoring the site; (C) special management conditions or practices to be implemented at each site that are necessary for protection of the environment; (D) consideration of the quantity of the material to be disposed of at the site, and the presence, nature, and bioavailability of the contaminants in the material; (E) consideration of the anticipated use of the site over the long term, including the anticipated closure date for the site, if applicable, and any need for management of the site after the closure of the site; and (F) a schedule for review and revision of the plan (which shall not be reviewed and revised less frequently than 10 years after adoption of the plan, and every 10 years thereafter). (4) General site management plan requirement; prohibitions After January 1, 1995 January 1, 1997 section 1413(e) of this title section 1413(b) of this title January 1, 2011 section 1413(e) of this title section 1413(b) of this title (5) Management plans for previously designated sites The Administrator shall develop a site management plan for any site designated prior to January 1, 1995 January 1, 1997 (d) Fish wastes No permit is required under this subchapter for the transportation for dumping or the dumping of fish wastes, except when deposited in harbors or other protected or enclosed coastal waters, or where the Administrator finds that such deposits could endanger health, the environment, or ecological systems in a specific location. Where the Administrator makes such a finding, such material may be deposited only as authorized by a permit issued by the Administrator under this section. (e) Foreign State permits; acceptance In the case of transportation of material, by an agency or instrumentality of the United States or by a vessel or aircraft registered in the United States or flying the United States flag, from a location in a foreign State Party to the Convention, a permit issued pursuant to the authority of that foreign State Party, in accordance with Convention requirements, and which otherwise could have been issued pursuant to subsection (a) of this section, shall be accepted, for the purposes of this subchapter, as if it were issued by the Administrator under the authority of this section: Provided ( Pub. L. 92532, title I,  102 Oct. 23, 1972 86 Stat. 1054 Pub. L. 93254,  1(4) Mar. 22, 1974 88 Stat. 51 Pub. L. 96572,  3 Dec. 22, 1980 94 Stat. 3345 Pub. L. 100688, title III,  3201(b) Nov. 18, 1988 102 Stat. 4153 Pub. L. 102580, title V,  506(a) Oct. 31, 1992 106 Stat. 4868 Pub. L. 104303, title V,  582 Oct. 12, 1996 110 Stat. 3791 Pub. L. 10653, title V,  562 Aug. 17, 1999 113 Stat. 355 Pub. L. 110114, title V,  5046 Nov. 8, 2007 121 Stat. 1209  Editorial Notes  References in Text This Act, referred to in subsec. (c)(4), means Pub. L. 92532 Amendments 2007Subsec. (c)(4). Pub. L. 110114 January 1, 2011 January 1, 2003 1999Subsec. (c)(4). Pub. L. 10653 January 1, 2003 January 1, 2000 1996Subsec. (c)(4). Pub. L. 104303 January 1, 2000 section 1413(e) of this title section 1413(b) of this title 1992Subsec. (c). Pub. L. 102580 1988Subsec. (a). Pub. L. 100688 1980Subsec. (e). Pub. L. 96572 1974Subsec. (a). Pub. L. 93254,  1(4)(A) section 1411 of this title Subsec. (e). Pub. L. 93254,  1(4)(B) Statutory Notes and Related Subsidiaries Effective Date of 1974 Amendment Pub. L. 93254,  2 Mar. 22, 1974 88 Stat. 51 The amendments made by subparagraph 1(4)(A)(iii) and paragraph 1(4)(B) of this Act [enacting provision of subsec. (a) respecting application of standards by Administrator and subsec. (e) of this section] shall become effective on the date that the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matters enters into force for the United States. Aug. 30, 1975 Amendment of subsec. (a) of this section, other than last sentence, by Pub. L. 93254 Mar. 22, 1974 section 2 of Pub. L. 93254 section 1401 of this title Effective Date Section effective 6 months after Oct. 23, 1972 section 110(a) of Pub. L. 92532 section 1411 of this title  1412a. Emergency dumping of industrial waste (a) Issuance of emergency permits Notwithstanding section 104B of the Marine Protection, Research, and Sanctuaries Act of 1972 [ 33 U.S.C. 1414b December 31, 1981 33 U.S.C. 1411 33 U.S.C. 1411(b) (b) Industrial waste defined For purposes of this section, the term industrial waste means any solid, semisolid, or liquid waste generated by a manufacturing or processing plant. ( Pub. L. 95153,  4 Nov. 4, 1977 91 Stat. 1255 Pub. L. 96572,  2 Dec. 22, 1980 94 Stat. 3344 Pub. L. 100688, title I,  1003(a) Nov. 18, 1988 102 Stat. 4149  Editorial Notes  References in Text The Marine Protection, Research, and Sanctuaries Act of 1972, referred to in subsec. (a), is Pub. L. 92532 Oct. 23, 1972 86 Stat. 1052 section 1401 of this title Such section 101(b), referred to in subsec. (b), means section 101(b) of the Marine Protection, Research, and Sanctuaries Act of 1972. Codification Section was not enacted as part of the Marine Protection, Research, and Sanctuaries Act of 1972 which comprises this chapter. Amendments 1988Subsec. (a). Pub. L. 100688,  1003(a)(1) Subsec. (b). Pub. L. 100688,  1003(a)(2) Subsec. (c). Pub. L. 100688,  1003(a)(3) Subsec. (d). Pub. L. 100688,  1003(a)(6) 1980Subsec. (a). Pub. L. 96572,  2(1) Subsec. (b). Pub. L. 96572,  2(2) Subsecs. (c), (d). Pub. L. 96572,  2(2)  1413. Dumping permit program for dredged material (a) Issuance by Secretary of the Army Subject to the provisions of subsections (b), (c), and (d) of this section, the Secretary may issue permits, after notice and opportunity for public hearings, for the transportation of dredged material for the purpose of dumping it into ocean waters, where the Secretary determines that the dumping will not unreasonably degrade or endanger human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities. (b) Independent determination of need for dumping, other methods of disposal, and appropriate locations; alternative sites In making the determination required by subsection (a), the Secretary shall apply those criteria, established pursuant to section 1412(a) of this title section 1412(c) of this title section 1412(a) of this title section 1412(c) of this title section 1412(c) of this title (1) no feasible disposal site has been designated by the Administrator; (2) the continued use of the alternative site is necessary to maintain navigation and facilitate interstate or international commerce; and (3) the Administrator determines that the continued use of the site does not pose an unacceptable risk to human health, aquatic resources, or the environment. (c) Concurrence by Administrator (1) Notification Prior to issuing a permit to any person under this section, the Secretary shall first notify the Administrator of the Secretarys intention to do so and provide necessary and appropriate information concerning the permit to the Administrator. Within 30 days of receiving such information, the Administrator shall review the information and request any additional information the Administrator deems necessary to evaluate the proposed permit. (2) Concurrence by Administrator Within 45 days after receiving from the Secretary all information the Administrator considers to be necessary to evaluate the proposed permit, the Administrator shall, in writing, concur with (either entirely or with conditions) or decline to concur with the determination of the Secretary as to compliance with the criteria, conditions, and restrictions established pursuant to sections 1412(a) and 1412(c) of this title relating to the environmental impact of the permit. The Administrator may request one 45-day extension in writing and the Secretary shall grant such request on receipt of the request. (3) Effect of concurrence In any case where the Administrator makes a determination to concur (with or without conditions) or to decline to concur within the time period specified in paragraph (2) the determination shall prevail. If the Administrator declines to concur in the determination of the Secretary no permit shall be issued. If the Administrator concurs with conditions the permit shall include such conditions. The Administrator shall state in writing the reasons for declining to concur or for the conditions of the concurrence. (4) Failure to act If no written documentation is made by the Administrator within the time period provided for in paragraph (2), the Secretary may issue the permit. (5) Compliance with criteria and restrictions Unless the Administrator grants a waiver pursuant to subsection (d), any permit issued by the Secretary shall require compliance with such criteria and restrictions. (d) Waiver of requirements If, in any case, the Secretary finds that, in the disposition of dredged material, there is no economically feasible method or site available other than a dumping site the utilization of which would result in non-compliance with the criteria established pursuant to section 1412(a) of this title section 1412(c) of this title (e) Federal projects involving dredged material In connection with Federal projects involving dredged material, the Secretary may, in lieu of the permit procedure, issue regulations which will require the application to such projects of the same criteria, other factors to be evaluated, the same procedures, and the same requirements which apply to the issuance of permits under subsections (a), (b), (c), and (d) of this section and section 1414(a) and (d) of this title. ( Pub. L. 92532, title I,  103 Oct. 23, 1972 86 Stat. 1055 Pub. L. 102580, title V Oct. 31, 1992 106 Stat. 4866  Editorial Notes Amendments 1992Subsec. (b). Pub. L. 102580,  506(b) Subsec. (c). Pub. L. 102580,  504(a) section 1412(a) of this title section 1412(c) of this title Subsec. (e). Pub. L. 102580,  504(b) Statutory Notes and Related Subsidiaries Effective Date Section effective 6 months after Oct. 23, 1972 section 110(a) of Pub. L. 92532 section 1411 of this title  1414. Permit conditions (a) Designated and included conditions Permits issued under this subchapter shall designate and include (1) the type of material authorized to be transported for dumping or to be dumped; (2) the amount of material authorized to be transported for dumping or to be dumped; (3) the location where such transport for dumping will be terminated or where such dumping will occur; (4) such requirements, limitations, or conditions as are necessary to assure consistency with any site management plan approved pursuant to section 1412(c) of this title (b) Permit processing fees; reporting requirements The Administrator or the Secretary, as the case may be, may prescribe such processing fees for permits and such reporting requirements for actions taken pursuant to permits issued by him under this subchapter as he deems appropriate. (c) General permits Consistent with the requirements of sections 1412 and 1413 of this title, but in lieu of a requirement for specific permits in such case, the Administrator or the Secretary, as the case may be, may issue general permits for the transportation for dumping, or dumping, or both, of specified materials or classes of materials for which he may issue permits, which he determines will have a minimal adverse environmental impact. (d) Review Any permit issued under this subchapter shall be reviewed periodically and, if appropriate, revised. The Administrator or the Secretary, as the case may be, may limit or deny the issuance of permits, or he may alter or revoke partially or entirely the terms of permits issued by him under this subchapter, for the transportation for dumping, or for the dumping, or both, of specified materials or classes of materials, where he finds, based upon monitoring data from the dump site and surrounding area, that such materials cannot be dumped consistently with the criteria and other factors required to be applied in evaluating the permit application. No action shall be taken under this subsection unless the affected person or permittee shall have been given notice and opportunity for a hearing on such action as proposed. (e) Information for review and evaluation of applications The Administrator or the Secretary, as the case may be, shall require an applicant for a permit under this subchapter to provide such information as he may consider necessary to review and evaluate such application. (f) Public information Information received by the Administrator or the Secretary, as the case may be, as a part of any application or in connection with any permit granted under this subchapter shall be available to the public as a matter of public record, at every stage of the proceeding. The final determination of the Administrator or the Secretary, as the case may be, shall be likewise available. (g) Display of issued permits A copy of any permit issued under this subchapter shall be placed in a conspicuous place in the vessel which will be used for the transportation or dumping authorized by such permit, and an additional copy shall be furnished by the issuing official to the Secretary of the department in which the Coast Guard is operating, or its designee. (h) Low-level radioactive waste; research purposes Notwithstanding any provision of this subchapter to the contrary, during the two-year period beginning on January 6, 1983 (1) that the proposed dumping is necessary to conduct research (A) on new technology related to ocean dumping, or (B) to determine the degree to which the dumping of such substance will degrade the marine environment; (2) that the scale of the proposed dumping is limited to the smallest amount of such material and the shortest duration of time that is necessary to fulfill the purposes of the research, such that the dumping will have minimal adverse impact upon human health, welfare, and amenities, and the marine environment, ecological systems, economic potentialities, and other legitimate uses; (3) after consultation with the Secretary of Commerce, that the potential benefits of such research will outweigh any such adverse impact; and (4) that the proposed dumping will be preceded by appropriate baseline monitoring studies of the proposed dump site and its surrounding environment. Each permit issued pursuant to this subsection shall be subject to such conditions and restrictions as the Administrator determines to be necessary to minimize possible adverse impacts of such dumping. (i) Radioactive Material Disposal Impact Assessment; Congressional approval (1) Two years after January 6, 1983 (A) a listing of all radioactive materials in each container to be disposed, the number of containers to be dumped, the structural diagrams of each container, the number of curies of each material in each container, and the exposure levels in rems at the inside and outside of each container; (B) an analysis of the environmental impact of the proposed action, at the site at which the applicant desires to dispose of the material, upon human health and welfare and marine life; (C) any adverse environmental effects at the site which cannot be avoided should the proposal be implemented; (D) an analysis of the resulting environmental and economic conditions if the containers fail to contain the radioactive waste material when initially deposited at the specific site; (E) a plan for the removal or containment of the disposed nuclear material if the container leaks or decomposes; (F) a determination by each affected State whether the proposed action is consistent with its approved Coastal Zone Management Program; (G) an analysis of the economic impact upon other users of marine resources; (H) alternatives to the proposed action; (I) comments and results of consultation with State officials and public hearings held in the coastal States that are nearest to the affected areas; (J) a comprehensive monitoring plan to be carried out by the applicant to determine the full effect of the disposal on the marine environment, living resources, or human health, which plan shall include, but not be limited to, the monitoring of exterior container radiation samples, the taking of water and sediment samples, and fish and benthic animal samples, adjacent to the containers, and the acquisition of such other information as the Administrator may require; and (K) such other information which the Administrator may require in order to determine the full effects of such disposal. (2) The Administrator shall include, in any permit to which paragraph (1) applies, such terms and conditions as may be necessary to ensure that the monitoring plan required under paragraph (1)(J) is fully implemented, including the analysis by the Administrator of the samples required to be taken under the plan. (3) The Administrator shall submit a copy of the assessment prepared under paragraph (1) with respect to any permit to the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Environment and Public Works of the Senate. (4) (A) Upon a determination by the Administrator that a permit to which this subsection applies should be issued, the Administrator shall transmit such a recommendation to the House of Representatives and the Senate. (B) No permit may be issued by the Administrator under this Act for the disposal of radioactive materials in the ocean unless the Congress, by approval of a resolution described in paragraph (D) within 90 days of continuous session of the Congress beginning on the date after the date of receipt by the Senate and the House of Representatives of such recommendation, authorizes the Administrator to grant a permit to dispose of radioactive material under this Act. (C) For purposes of this subsection (1) continuity of session of the Congress is broken only by an adjournment sine die; (2) the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the 90 day calendar period. (D) For the purposes of this subsection, the term resolution means a joint resolution, the resolving clause of which is as follows: That the House of Representatives and the Senate approve and authorize the Administrator of the Environmental Protection Agency to grant a permit to _____ under the Marine Protection, Research, and Sanctuaries Act of 1972 to dispose of radioactive materials in the ocean as recommended by the Administrator to the Congress on _____, 19_.; the first blank space therein to be filled with the appropriate applicant to dispose of nuclear material and the second blank therein to be filled with the date on which the Administrator submits the recommendation to the House of Representatives and the Senate. ( Pub. L. 92532, title I,  104 Oct. 23, 1972 86 Stat. 1056 Pub. L. 97424, title IV,  424(a) Jan. 6, 1983 96 Stat. 2165 Pub. L. 10017, title I,  133(c)(1) Apr. 2, 1987 101 Stat. 172 Pub. L. 102580, title V,  507 Oct. 31, 1992 106 Stat. 4869  Editorial Notes  References in Text This Act and the Marine Protection, Research, and Sanctuaries Act of 1972, referred to in subsec. (i)(4)(B), (D), is Pub. L. 92532 Oct. 23, 1972 86 Stat. 1052 section 1401 of this title Amendments 1992Subsec. (a). Pub. L. 102580,  507(b) Pub. L. 102580,  507(a) Subsec. (d). Pub. L. 102580,  507(c) 1987Subsec. (i)(4)(D). Pub. L. 10017 1983Subsecs. (h), (i). Pub. L. 97424 Statutory Notes and Related Subsidiaries Effective Date Section effective 6 months after Oct. 23, 1972 section 110(a) of Pub. L. 92532 section 1411 of this title  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 section 542 of Title 6  Abolition of House Committee on Merchant Marine and Fisheries Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995 section 1(b)(3) of Pub. L. 10414 section 21 of Title 2  1414a. Special provisions regarding certain dumping sites (a) New York Bight Apex (1) For purposes of this subsection (A) The term Apex means the New York Bight Apex consisting of the ocean waters of the Atlantic Ocean westward of 73 degrees 30 minutes west longitude and northward of 40 degrees 10 minutes north latitude. (B) The term Apex site means that site within the Apex at which the dumping of municipal sludge occurred before October 1, 1983 (C) The term eligible authority means any sewerage authority or other unit of State or local government that on November 2, 1983, was authorized under court order to dump municipal sludge at the Apex site. (2) No person may apply for a permit under this subchapter in relation to the dumping of, or the transportation for purposes of dumping, municipal sludge within the Apex unless that person is an eligible authority. (3) The Administrator may not issue, or renew, any permit under this subchapter that authorizes the dumping of, or the transportation for purposes of dumping, municipal sludge within the Apex after the earlier of (A)  December 15, 1987 (B) the day determined by the Administrator to be the first day on which municipal sludge generated by eligible authorities can reasonably be dumped at a site designated under section 1412 of this title (b) Restriction on use of 106-mile site The Administrator may not issue or renew any permit under this subchapter which authorizes any person, other than a person that is an eligible authority within the meaning of subsection (a)(1)(C), to dump, or to transport for the purposes of dumping, municipal sludge within the site designated under section 1412(c) of this title ( Pub. L. 92532, title I,  104A Pub. L. 99662, title XI,  1172(b) Nov. 17, 1986 100 Stat. 4259 Pub. L. 1004, title V,  508(b) Feb. 4, 1987 101 Stat. 79 Pub. L. 100688, title I,  1002 Nov. 18, 1988 102 Stat. 4139  Editorial Notes Amendments 1988 Pub. L. 100688 Pub. L. 92532 Pub. L. 99662 Pub. L. 1004 Statutory Notes and Related Subsidiaries New York Bight Apex Not Suitable for Dumping Pub. L. 99662, title XI,  1172(a) Nov. 17, 1986 100 Stat. 4259 The Congress finds that the New York Bight Apex is no longer a suitable location for the ocean dumping of municipal sludge. An identical provision was enacted by Pub. L. 1004, title V,  508(a) Feb. 4, 1987 101 Stat. 79  1414b. Ocean dumping of sewage sludge and industrial waste (a) Termination of dumping (1) Prohibitions on dumping Notwithstanding any other provision of law (A) on and after the 270th day after November 18, 1988 section 1414a(a)(1)(C) of this title (i) has entered into a compliance agreement or enforcement agreement which meets the requirements of subsection (c)(2) or (3), as applicable; and (ii) has obtained a permit issued under section 1412 of this title (B) after December 31, 1991 (2) Prohibition on new entrants The Administrator shall not issue any permit under this Act which authorizes a person to dump into ocean waters, or to transport for the purposes of dumping into ocean waters, sewage sludge or industrial waste, unless that person was authorized by a permit issued under section 1412 of this title September 1, 1988 (b) Special dumping fees (1) In general Subject to paragraph (4), any person who dumps into ocean waters, or transports for the purpose of dumping into ocean waters, sewage sludge or industrial waste shall be liable for a fee equal to (A) $100 for each dry ton (or equivalent) of sewage sludge or industrial waste transported or dumped by the person on or after the 270th day after November 18, 1988 January 1, 1990 (B) $150 for each dry ton (or equivalent) of sewage sludge or industrial waste transported or dumped by the person on or after January 1, 1990 January 1, 1991 (C) $200 for each dry ton (or equivalent) of sewage sludge or industrial waste transported or dumped by the person on or after January 1, 1991 January 1, 1992 (2) Payment of fees Of the amount of fees under paragraph (1) for which a person is liable, such person (A) shall pay into a trust account established by the person in accordance with subsection (e) a sum equal to 85 percent of such amount; (B) shall pay to the Administrator a sum equal to $15 per dry ton (or equivalent) of sewage sludge and industrial waste transported or dumped by such person, for use for agency activities as provided in subsection (f)(1); (C) subject to paragraph (5), shall pay into the Clean Oceans Fund established by the State in which the person is located a sum equal to 50 percent of the balance of such amount after application of subparagraphs (A) and (B); and (D) subject to paragraph (5), shall pay to the State in which the person is located a sum equal to the balance of such amount after application of subparagraphs (A), (B), and (C), for deposit into the water pollution control revolving fund established by the State under title VI of the Federal Water Pollution Control Act [ 33 U.S.C. 1381 (3) Schedule for payment Fees under this subsection shall be paid on a quarterly basis. (4) Waiver of fees (A) The Administrator shall waive all fees under this subsection, other than the portion of fees required to be paid to the Administrator under paragraph (2)(B) for agency activities, for any person who has entered into a compliance agreement which meets the requirements of subsection (c)(2). (B) The Administrator shall reimpose fees under this subsection for a person for whom such fees are waived under subparagraph (A) if the Administrator determines that (i) the person has failed to comply with the terms of a compliance agreement which the person entered into under subsection (c)(2); and (ii) such failure is likely to result in the person not being able to terminate by December 31, 1991 (C) The Administrator may waive fees reimposed for a person under subparagraph (B) if the Administrator determines that the person has returned to compliance with a compliance agreement which the person entered into under subsection (c)(2). (5) Payments prior to establishment of account (A) In any case in which a State has not established a Clean Oceans Fund or a water pollution control revolving fund under title VI of the Federal Water Pollution Control Act [ 33 U.S.C. 1381 (B) Amounts paid to the Administrator pursuant to this paragraph shall be held by the Administrator in escrow until the establishment of the fund into which such amounts are required to be paid under paragraph (2), or until the last day of the 1-year period beginning on the date of such payment, whichever is earlier, and thereafter (i) if such fund has been established, shall be paid by the Administrator into the fund; or (ii) if such fund has not been established, shall revert to the general fund of the Treasury. (c) Compliance agreements and enforcement agreements (1) In general As a condition of issuing a permit under section 1412 of this title (A) a compliance agreement which meets the requirements of paragraph (2); or (B) an enforcement agreement which meets the requirements of paragraph (3). (2) Compliance agreements An agreement shall be a compliance agreement for purposes of this section only if (A) it includes a plan negotiated by the person, the State in which the person is located, and the Administrator that will, in the opinion of the Administrator, if adhered to by the person in good faith, result in the phasing out and termination of ocean dumping, and transportation for the purpose of ocean dumping, of sewage sludge and industrial waste by such person by not later than December 31, 1991 (B) it includes a schedule which (i) in the opinion of the Administrator, specifies reasonable dates by which the person shall complete the various activities that are necessary for the timely implementation of the alternative system referred to in subparagraph (A); and (ii) meets the requirements of paragraph (4); (C) it requires the person to notify in a timely manner the Administrator and the Governor of the State of any problems the person has in complying with the schedule referred to in subparagraph (B); (D) it requires the Administrator and the Governor of the State to evaluate on an ongoing basis the compliance of the person with the schedule referred to in subparagraph (B); (E) it requires the person to pay in accordance with this section all fees and penalties the person is liable for under this section; and (F) it authorizes the person to use interim measures before completion of the alternative system referred to in subparagraph (A). (3) Enforcement agreements An agreement shall be an enforcement agreement for purposes of this section only if (A) it includes a plan negotiated by the person, the State in which the person is located, and the Administrator that will, in the opinion of the Administrator, if adhered to by the person in good faith, result in the phasing out and termination of ocean dumping, and transportation for the purpose of ocean dumping, of sewage sludge and industrial waste by such person through the design, construction, and full implementation of an alternative system for the management of sewage sludge and industrial waste transported or dumped by the person; (B) it includes a schedule which (i) in the opinion of the Administrator, specifies reasonable dates by which the person shall complete the various activities that are necessary for the timely implementation of the alternative system referred to in subparagraph (A); and (ii) meets the requirements of paragraph (4); (C) it requires the person to notify in a timely manner the Administrator and the Governor of the State of any problems the person has in complying with the schedule referred to in subparagraph (B); (D) it requires the Administrator and the Governor of the State to evaluate on an ongoing basis the compliance of the person with the schedule referred to in subparagraph (B); (E) it requires the person to pay in accordance with this section all fees and penalties the person is liable for under this section; and (F) it authorizes the person to use interim measures before completion of the alternative system referred to in subparagraph (A). (4) Schedules A schedule included in a compliance agreement pursuant to paragraph (2)(B) or an enforcement agreement pursuant to paragraph (3)(B) shall establish deadlines for (A) preparation of engineering designs and related specifications for the alternative system referred to in paragraph (2)(A) or paragraph (3)(A), as applicable; (B) compliance with appropriate Federal, State, and local statutes, regulations, and ordinances; (C) site and equipment acquisitions for such alternative system; (D) construction and testing of such alternative system; (E) operation of such alternative system at full capacity; and (F) any other activities, including interim measures, that the Administrator considers necessary or appropriate. (5) Clean oceans funds (A) Each State that is a party to a compliance agreement or an enforcement agreement under this subsection shall establish an interest bearing account, to be known as a Clean Oceans Fund, into which a person shall pay fees and penalties in accordance with subsections (b)(2)(C) and (d)(2)(C)(i), respectively. (B) A State which establishes a Clean Oceans Fund pursuant to this paragraph shall allocate and pay from the fund each year, to each person in the State which has entered into a compliance agreement or enforcement agreement under this subsection, a portion of amounts in the fund on the last day of that year which is equal to the sum of (i) amounts paid by the person into the fund in that year as fees pursuant to subsection (b)(2)(C) and as penalties pursuant to subsection (d)(2)(C)(i); (ii) amounts paid by the Administrator into the fund in that year as fees held in escrow for the person pursuant to subsection (b)(5)(B); and (iii) interest on such amounts. (C) Amounts allocated and paid to a person pursuant to subparagraph (B) (i) shall be used for the purposes described in subsection (e)(2)(B); and (ii) may be used for matching Federal grants. (D) A Clean Oceans Fund established by a State pursuant to this paragraph shall be subject to such accounting, reporting, and other requirements as may be established by the Administrator to assure accountability of payments into and out of the fund. (6) Public participation The Administrator shall provide an opportunity for public comment regarding the establishment and implementation of compliance agreements and enforcement agreements entered into pursuant to this section. (d) Penalties (1) In general In lieu of any other civil penalty under this Act, any person who has entered into a compliance agreement or enforcement agreement under subsection (c) and who dumps or transports sewage sludge or industrial waste in violation of subsection (a)(1)(B) shall be liable for a civil penalty, to be assessed by the Administrator, as follows: (A) For each dry ton (or equivalent) of sewage sludge or industrial waste dumped or transported by the person in violation of this subsection in calendar year 1992, $600. (B) For each dry ton (or equivalent) of sewage sludge or industrial waste dumped or transported by the person in violation of this subsection in any year after calendar year 1992, a sum equal to (i) the amount of penalty per dry ton (or equivalent) for a violation occurring in the preceding calendar year, plus (ii) a percentage of such amount equal to 10 percent of such amount, plus an additional 1 percent of such amount for each full calendar year since December 31, 1991 (2) Payment of penalty Of the amount of penalties under paragraph (1) for which a person is liable, such person (A) shall pay into a trust account established by the person in accordance with subsection (e) a sum which is a percentage of such amount equal to (i) 90 percent of such amount, reduced by (ii) 5 percent of such amount for each full calendar year since December 31, 1991 (B) shall pay to the Administrator a sum equal to $15 per dry ton (or equivalent) of sewage sludge and industrial waste transported or dumped by such person in that year, for use for agency activities as provided in subsection (f)(1); (C) for violations in any year before calendar year 1995 (i) subject to paragraph (4), shall pay into the Clean Oceans Fund established by the State in which the person is located a sum equal to 50 percent of the balance of such amount; and (ii) subject to paragraph (4), shall pay to the State in which the person is located a sum equal to the portion of such amount which is not paid as provided in subparagraphs (A), (B), and (C), for deposit into the water pollution control revolving fund established by the State under title VI of the Federal Water Pollution Control Act [ 33 U.S.C. 1381 (D) for violations in any year after calendar year 1994, shall pay to the State in which the person is located a sum equal to the balance of such amount, for use by the State for providing assistance under subsection (f)(3). (3) Schedule for payment Penalties under this subsection shall be paid on a quarterly basis. (4) Payments prior to establishment of account In any case in which a State has not established a Clean Oceans Fund or a water pollution control revolving fund under title VI of the Federal Water Pollution Control Act, penalties required to be paid by a person in that State under paragraph (2)(C)(i) or (ii), as applicable, shall be paid to the Administrator for holding and payment or reversion, as applicable, in the same manner as fees are held and paid or revert under subsection (b)(5). (e) Trust account (1) In general A person who enters into a compliance agreement or an enforcement agreement under subsection (c) shall establish a trust account for the payment and use of fees and penalties under this section. (2) Trust account requirements An account shall be a trust account for purposes of this subsection only if it meets, to the satisfaction of the Administrator, the following requirements: (A) Amounts in the account may be used only with the concurrence of the person who establishes the account and the Administrator; except that the person may use amounts in the account for a purpose authorized by subparagraph (B) after 60 days after notification of the Administrator if the Administrator does not disapprove such use before the end of such 60-day period. (B) Amounts in the account may be used only for projects which will identify, develop, and implement (i) an alternative system, and any interim measures, for the management of sewage sludge and industrial waste, including but not limited to any such system or measures utilizing resource recovery, recycling, thermal reduction, or composting techniques; or (ii) improvements in pretreatment, treatment, and storage techniques for sewage sludge and industrial waste to facilitate the implementation of such alternative system or interim measures. (C) Upon a finding by the Administrator that a person did not pay fees or penalties into an account as required by this section, or did not use amounts in the account in accordance with this subsection, the balance of the amounts in the account shall be paid to the State in which the person is located, for deposit into the water pollution control revolving fund established by the State under title VI of the Federal Water Pollution Control Act [ 33 U.S.C. 1381 (3) Use of unexpended amounts Upon a determination by the Administrator that a person has terminated ocean dumping of sewage sludge or industrial waste, the balance of amounts in an account established by the person under this subsection shall be paid to the person for use (A) for debts incurred by the person in complying with this Act or the Federal Water Pollution Control Act [ 33 U.S.C. 1251 (B) in meeting the requirements of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 (C) for matching Federal grants. (4) Use for matching Federal grants Amounts in a trust account under this subsection may be used for matching Federal grants. (f) Use of fees and penalties (1) Agency activities Of the total amount of fees and penalties paid to the Administrator in a fiscal year pursuant to subsections (b)(2)(B) and (d)(2)(B), respectively (A) not to exceed one-third of such total amount shall be used by the Administrator for (i) costs incurred or expected to be incurred in undertaking activities directly associated with the issuance under this Act of permits for the transportation or dumping of sewage sludge and industrial waste, including the costs of any environmental assessment of the direct effects of dumping under the permits; (ii) preparation of reports under subsection (i); and (iii) such other research, studies, and projects the Administrator considers necessary for, and consistent with, the development and implementation of alternative systems for the management of sewage sludge and industrial waste; (B) not to exceed one-third of such total amount shall be transferred to the Secretary of the department in which the Coast Guard is operating for use for (i) Coast Guard surveillance of transportation and dumping of sewage sludge and industrial waste subject to this Act; and (ii) such enforcement activities conducted by the Coast Guard with respect to such transportation and dumping as may be necessary to ensure to the maximum extent practicable complete compliance with the requirements of this Act; and (C) not to exceed one-third of such total amount shall be transferred to the Under Secretary of Commerce for Oceans and Atmosphere for use for (i) monitoring, research, and related activities consistent with the program developed pursuant to subsection (j)(1); and (ii) preparing annual reports to the Congress pursuant to subsection (j)(4) 1 1 (2) Deposits into State water pollution control revolving fund (A) Amounts paid to a State pursuant to subsection (b)(2)(D), (d)(2)(C)(ii), or (e)(2)(C) shall be deposited into the water pollution control revolving fund established by the State pursuant to title VI of the Federal Water Pollution Control Act [ 33 U.S.C. 1381 (B) Amounts deposited into a State water pollution control revolving fund pursuant to this paragraph (i) shall not be used by the State to provide assistance to the person who paid such amounts for development or implementation of any alternative system; (ii) shall not be considered to be State matching amounts under title VI of the Federal Water Pollution Control Act; and (iii) shall not be subject to State matching requirements under such title. (3) Penalty payments to States after 1994 (A) Amounts paid to a State as penalties pursuant to subsection (d)(2)(D) may be used by the State (i) for providing assistance to any person in the State (I) for implementing a management program under section 319 of the Federal Water Pollution Control Act [ 33 U.S.C. 1329 (II) for developing and implementing a conservation and management plan under section 320 of such Act [ 33 U.S.C. 1330 (III) for implementing technologies and management practices necessary for controlling pollutant inputs adversely affecting the New York Bight, as such inputs are identified in the New York Bight Restoration Plan prepared under section 2301 of the Marine Plastic Pollution Research and Control Act of 1987; and (ii) for providing assistance to any person in the State who was not required to pay such penalties for construction of treatment works (as defined in section 212 of the Federal Water Pollution Control Act [ 33 U.S.C. 1292 (B) Amounts paid to a State as penalties pursuant to subsection (d)(2)(D) which are not used in accordance with subparagraph (A) shall be deposited into the water pollution control revolving fund established by the State under title VI of the Federal Water Pollution Control Act. Amounts deposited into such a fund pursuant to this subparagraph (i) shall not be used by the State to provide assistance to the person who paid such amounts; (ii) shall not be considered to be State matching amounts under title VI of the Federal Water Pollution Control Act; and (iii) shall not be subject to State matching requirements under such title. (4) Deposits into Treasury as offsetting collections Amounts of fees and penalties paid to the Administrator pursuant to subsection (b)(2)(B) or (d)(2)(B) which are used by an agency in accordance with paragraph (1) shall be deposited into the Treasury as offsetting collections of the agency. (g) Enforcement (1) In general Whenever, on the basis of any information available, the Administrator finds that a person is dumping or transporting sewage sludge or industrial waste in violation of subsection (a)(1), the Administrator shall issue an order requiring such person to terminate such dumping or transporting (as applicable) until such person (A) enters into a compliance agreement or an enforcement agreement under subsection (c); and (B) obtains a permit under section 1412 of this title (2) Requirements of order Any order issued by the Administrator under this subsection (A) shall be delivered by personal service to the person named in the order; (B) shall state with reasonable specificity the nature of the violation for which the order is issued; and (C) shall require that the person named in the order, as a condition of dumping into ocean waters, or transporting for the purpose of dumping into ocean waters, sewage sludge or industrial waste (i) shall enter into a compliance agreement or an enforcement agreement under subsection (c); and (ii) shall obtain a permit under section 1412 of this title (3) Actions The Administrator may request the Attorney General to commence a civil action for appropriate relief, including a temporary or permanent injunction and the imposition of civil penalties authorized by subsection (d)(1), for any violation of subsection (a)(1) or of an order issued by the Administrator under this section. Such an action may be brought in the district court of the United States for the district in which the defendant is located, resides, or is doing business, and such court shall have jurisdiction to restrain such violation and require compliance with subsection (a)(1) and any such order. (h) State progress reports (1) In general The Governor of each State that is a party to a compliance agreement or an enforcement agreement under subsection (c) shall submit to the Administrator on September 30 of 1989 and of every year thereafter until the Administrator determines that ocean dumping of sewage sludge and industrial waste by persons located in that State has terminated, a report which describes (A) the efforts of each person located in the State to comply with a compliance agreement or enforcement agreement entered into by the person pursuant to subsection (c), including the extent to which such person has complied with deadlines established by the schedule included in such agreement; (B) activity of the State regarding permits for the construction and operation of each alternative system; and (C) an accounting of amounts paid into and withdrawn from a Clean Oceans Fund established by the State. (2) Failure to submit report If a State fails to submit a report in accordance with this subsection, the Administrator shall withhold funds reserved for such State under section 205(g) of the Federal Water Pollution Control Act ( 33 U.S.C. 1285(g) (i) EPA progress reports (1) In general Not later than December 31 of 1989 and of each year thereafter until the Administrator determines that ocean dumping of sewage sludge and industrial waste has terminated, the Administrator shall prepare and submit to the Congress a report on (A) progress being made by persons issued permits under section 1412 of this title (B) the efforts of each such person to comply with a compliance agreement or enforcement agreement entered into by the person pursuant to subsection (c), including the extent to which such person has complied with deadlines established by the schedule included in such agreement; (C) progress being made by the Administrator and others in identifying and implementing alternative systems for the management of sewage sludge and industrial waste; and (D) progress being made toward the termination of ocean dumping of sewage sludge and industrial waste. (2) Referral to Congressional committees Each report submitted to the Congress under this subsection shall be referred to each standing committee of the House of Representatives and of the Senate having jurisdiction over any part of the subject matter of the report. (j) Environmental monitoring (1) In general The Administrator, in cooperation with the Under Secretary of Commerce for Oceans and Atmosphere, shall design a program for monitoring environmental conditions (A) at the Apex site (as that term is defined in section 1414a of this title (B) at the site designated by the Administrator under section 1412(c) of this title (C) at the site at which industrial waste is dumped; and (D) within the potential area of influence of the sewage sludge and industrial waste dumped at those sites. (2) Program requirements The program designed under paragraph (1) shall include, but is not limited to (A) sampling of an appropriate number of fish and shellfish species and other organisms to assess the effects of environmental conditions on living marine organisms in these areas; and (B) use of satellite and other advanced technologies in conducting the program. (3) Monitoring activities The Administrator and the Under Secretary of Commerce for Oceans and Atmosphere shall each conduct monitoring activities consistent with the program designed under paragraph (1). (4) Omitted (k) Definitions For purposes of this section (1) the term alternative system means any method for the management of sewage sludge or industrial waste which does not require a permit under this Act; (2) the term Clean Oceans Fund means such a fund established by a State in accordance with subsection (c)(5); (3) the term excluded material means (A) any dredged material discharged by the United States Army Corps of Engineers or discharged pursuant to a permit issued by the Secretary in accordance with section 1413 of this title (B) any waste from a tuna cannery operation located in American Samoa or Puerto Rico discharged pursuant to a permit issued by the Administrator under section 1412 of this title (4) the term industrial waste means any solid, semisolid, or liquid waste generated by a manufacturing or processing plant, other than an excluded material; (5) the term interim measure means any short-term method for the management of sewage sludge or industrial waste, which (A) is used before implementation of an alternative system; and (B) does not require a permit under this Act; and (6) the term sewage sludge means any solid, semisolid, or liquid waste generated by a wastewater treatment plant, other than an excluded material. ( Pub. L. 92532, title I,  104B Pub. L. 100688, title I,  1002 Nov. 18, 1988 102 Stat. 4139  Editorial Notes  References in Text This Act, referred to in subsecs. (a)(2), (d)(1), (e)(3)(A), (f)(1)(A)(i), (B), and (k)(1), (5)(B), means Pub. L. 92532 The Federal Water Pollution Control Act, referred to in subsecs. (b)(2)(D), (5)(A), (d)(2)(C)(ii), (4), (e)(2)(C), (3)(A), (B), (f)(2)(A), (B)(ii), (iii), and (3)(B), is act June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 816 section 1251 of this title Subsection (j)(4), referred to in subsec. (f)(1)(C)(ii), was omitted from the Code. See Codification note below. Section 2301 of the Marine Plastic Pollution Research and Control Act of 1987, referred to in subsec. (f)(3)(A)(i)(III), is section 2301 of Pub. L. 100220 section 2267 of this title Codification Subsec. (j)(4)(A) of this section directed the Administrator, in cooperation with the Under Secretary of Commerce for Oceans and Atmosphere, to submit to Congress a report describing the program designed pursuant to subsec. (j)(1) of this section not later than one year after Nov. 18, 1988 Subsec. (j)(4)(B) of this section, which required the Administrator and the Under Secretary of Commerce for Oceans and Atmosphere to report annually to Congress on monitoring activities conducted under the program designed pursuant to subsec. (j)(1) of this section, terminated, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31 Statutory Notes and Related Subsidiaries  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 section 542 of Title 6  1414c. Prohibition on disposal of sewage sludge at landfills on Staten Island (a) In general No person shall dispose of sewage sludge at any landfill located on Staten Island, New York. (b) Exclusion from penalties (1) In general Subject to paragraph (2), a person who violates this section shall not be subject to any penalty under this Act. (2) Injunction Paragraph (1) shall not prohibit the bringing of an action for, or the granting of, an injunction under section 1415 of this title (c) Sewage sludge defined For purposes of this section, the term sewage sludge has the meaning such term has in section 1414b of this title ( Pub. L. 92532, title I,  104C Pub. L. 100688, title I,  1005 Nov. 18, 1988 102 Stat. 4150  Editorial Notes  References in Text This Act, referred to in subsec. (b)(1), means Pub. L. 92532  1415. Penalties (a) Assessment of civil penalty by Administrator; remission or mitigation; court action for appropriate relief Any person who violates any provision of this subchapter, or of the regulations promulgated under this subchapter, or a permit issued under this subchapter shall be liable to a civil penalty of not more than $50,000 for each violation to be assessed by the Administrator. In addition, any person who violates this subchapter or any regulation issued under this subchapter by engaging in activity involving the dumping of medical waste shall be liable for a civil penalty of not more than $125,000 for each violation, to be assessed by the Administrator after written notice and an opportunity for a hearing. No penalty shall be assessed until the person charged shall have been given notice and an opportunity for a hearing of such violation. In determining the amount of the penalty, the gravity of the violation, prior violations, and the demonstrated good faith of the person charged in attempting to achieve rapid compliance after notification of a violation shall be considered by said Administrator. For good cause shown, the Administrator may remit or mitigate such penalty. Upon failure of the offending party to pay the penalty, the Administrator may request the Attorney General to commence an action in the appropriate district court of the United States for such relief as may be appropriate. (b) Criminal penalties In addition to any action that may be brought under subsection (a) (1) any person who knowingly violates any provision of this subchapter, any regulation promulgated under this subchapter, or a permit issued under this subchapter, shall be fined under title 18 or imprisoned for not more than 5 years, or both; and (2) any person who is convicted of such a violation pursuant to paragraph (1) shall forfeit to the United States (A) any property constituting or derived from any proceeds that the person obtained, directly or indirectly, as a result of such violation; and (B) any of the property of the person which was used, or intended to be used in any manner or part, to commit or to facilitate the commission of the violation. (c) Separate offenses For the purpose of imposing civil penalties and criminal fines under this section, each day of a continuing violation shall constitute a separate offense as shall the dumping from each of several vessels, or other sources. (d) Injunctive relief The Attorney General or his delegate may bring actions for equitable relief to enjoin an imminent or continuing violation of this subchapter, of regulations promulgated under this subchapter, or of permits issued under this subchapter, and the district courts of the United States shall have jurisdiction to grant such relief as the equities of the case may require. (e) Liability of vessels in rem A vessel, except a public vessel within the meaning of section 13 of the Federal Water Pollution Control Act, as amended, used in a violation, shall be liable in rem for any civil penalty assessed or criminal fine imposed and may be proceeded against in any district court of the United States having jurisdiction thereof; but no vessel shall be liable unless it shall appear that one or more of the owners, or bareboat charterers, was at the time of the violation a consenting party or privy to such violation. (f) Revocation and suspension of permits If the provisions of any permit issued under section 1412 or 1413 of this title are violated, the Administrator or the Secretary, as the case may be, may revoke the permit or may suspend the permit for a specified period of time. No permit shall be revoked or suspended unless the permittee shall have been given notice and opportunity for a hearing on such violation and proposed suspension or revocation. (g) Civil suits by private persons (1) Except as provided in paragraph (2) of this subsection any person may commence a civil suit on his own behalf to enjoin any person, including the United States and any other governmental instrumentality or agency (to the extent permitted by the eleventh amendment to the Constitution), who is alleged to be in violation of any prohibition, limitation, criterion, or permit established or issued by or under this subchapter. The district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such prohibition, limitation, criterion, or permit, as the case may be. (2) No action may be commenced (A) prior to sixty days after notice of the violation has been given to the Administrator or to the Secretary, and to any alleged violator of the prohibition, limitation, criterion, or permit; or (B) if the Attorney General has commenced and is diligently prosecuting a civil action in a court of the United States to require compliance with the prohibition, limitation, criterion, or permit; or (C) if the Administrator has commenced action to impose a penalty pursuant to subsection (a) of this section, or if the Administrator, or the Secretary, has initiated permit revocation or suspension proceedings under subsection (f) of this section; or (D) if the United States has commenced and is diligently prosecuting a criminal action in a court of the United States or a State to redress a violation of this subchapter. (3) (A) Any suit under this subsection may be brought in the judicial district in which the violation occurs. (B) In any such suit under this subsection in which the United States is not a party, the Attorney General, at the request of the Administrator or Secretary, may intervene on behalf of the United States as a matter of right. (4) The court, in issuing any final order in any suit brought pursuant to paragraph (1) of this subsection may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate. (5) The injunctive relief provided by this subsection shall not restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any standard or limitation or to seek any other relief (including relief against the Administrator, the Secretary, or a State agency). (h) Emergencies No person shall be subject to a civil penalty or to a criminal fine or imprisonment for dumping materials from a vessel if such materials are dumped in an emergency to safeguard life at sea. Any such emergency dumping shall be reported to the Administrator under such conditions as he may prescribe. (i) Seizure and forfeiture (1) In general Any vessel used to commit an act for which a penalty is imposed under subsection (b) shall be subject to seizure and forfeiture to the United States under procedures established for seizure and forfeiture of conveyances under sections 853 and 881 of title 21. (2) Limitation on application This subsection does not apply to an act committed substantially in accordance with a compliance agreement or enforcement agreement entered into by the Administrator under section 1414b(c) of this title ( Pub. L. 92532, title I,  105 Oct. 23, 1972 86 Stat. 1057 Pub. L. 100688, title III,  3201(c) Nov. 18, 1988 102 Stat. 4153 Pub. L. 102580, title V,  508 Oct. 31, 1992 106 Stat. 4869  Editorial Notes  References in Text Section 13 of the Federal Water Pollution Control Act, referred to in subsec. (e), is section 13 of act June 30, 1948, ch. 758 Apr. 3, 1970 Pub. L. 91224, title I,  102 84 Stat. 100 section 1163 of this title Pub. L. 92500 Oct. 18, 1972 86 Stat. 816 section 1322 of this title Amendments 1992Subsec. (b). Pub. L. 102580,  508(a) (1) In addition to any action which may be brought under subsection (a) of this section, a person who knowingly violates this subchapter, regulations promulgated under this subchapter, or a permit issued under this subchapter shall be fined not more than $50,000, or imprisoned for not more than one year, or both. (2) In addition to any action which may be brought under subsection (a), any person (A) who knowingly violates any provision of this subchapter by engaging in activity involving the dumping into ocean waters of medical waste shall upon conviction be fined not more than $250,000, or imprisoned for not more than 5 years, or both; and (B) convicted of a violation involving such activity shall forfeit to the United States any property constituting or derived from any proceeds the person obtained, directly or indirectly, as a result of such violation, and any of the property of the person which was used, or intended to be used in any manner or part, to commit or to facilitate the commission of the violation. Subsec. (i). Pub. L. 102508,  508(b) 1988Subsec. (a). Pub. L. 100688,  3201(c) Subsec. (b). Pub. L. 100688,  3201(d) Statutory Notes and Related Subsidiaries Effective Date Section effective 6 months after Oct. 23, 1972 section 110(a) of Pub. L. 92532 section 1411 of this title  1416. Relationship to other laws (a) Voiding of preexisting licenses After the effective date of this subchapter, all licenses, permits, and authorizations other than those issued pursuant to this subchapter shall be void and of no legal effect, to the extent that they purport to authorize any activity regulated by this subchapter, and whether issued before or after the effective date of this subchapter. (b) Actions under authority of Rivers and Harbors Act The provisions of subsection (a) shall not apply to actions taken before the effective date of this subchapter under the authority of the Rivers and Harbors Act of 1899 ( 30 Stat. 1151 33 U.S.C. 401 (c) Impairment of navigation Prior to issuing any permit under this subchapter, if it appears to the Administrator that the disposition of material, other than dredged material, may adversely affect navigation in the territorial sea of the United States, or in the approaches to any harbor of the United States, or may create an artificial island on the Outer Continental Shelf, the Administrator shall consult with the Secretary and no permit shall be issued if the Secretary determines that navigation will be unreasonably impaired. (d) State programs (1) State rights preserved Except as expressly provided in this subsection, nothing in this subchapter shall preclude or deny the right of any State to adopt or enforce any requirements respecting dumping of materials into ocean waters within the jurisdiction of the State. (2) Federal projects In the case of a Federal project, a State may not adopt or enforce a requirement that is more stringent than a requirement under this subchapter if the Administrator finds that such requirement (A) is not supported by relevant scientific evidence showing the requirement to be protective of human health, aquatic resources, or the environment; (B) is arbitrary or capricious; or (C) is not applicable or is not being applied to all projects without regard to Federal, State, or private participation and the Secretary of the Army concurs in such finding. (3) Exemption from State requirements The President may exempt a Federal project from any State requirement respecting dumping of materials into ocean waters if it is in the paramount interest of the United States to do so. (4) Consideration of site of origin prohibited Any requirement respecting dumping of materials into ocean waters applied by a State shall be applied without regard to the site of origin of the material to be dumped. (e) Existing conservation programs not affected Nothing in this subchapter shall be deemed to affect in any manner or to any extent any provision of the Fish and Wildlife Coordination Act as amended ( 16 U.S.C. 661666c (f) Dumping of dredged material in Long Island Sound from any Federal, etc., project In addition to other provisions of law and not withstanding the specific exclusion relating to dredged material in the first sentence in section 1412(a) of this title (g) Savings clause Nothing in this Act shall restrict, affect or modify the rights of any person (1) to seek damages or enforcement of any standard or limitation under State law, including State common law, or (2) to seek damages under other Federal law, including maritime tort law, resulting from noncompliance with any requirement of this Act or any permit under this Act. ( Pub. L. 92532, title I,  106 Oct. 23, 1972 86 Stat. 1058 Pub. L. 96572,  4 Dec. 22, 1980 94 Stat. 3345 Pub. L. 99499, title I,  127(d) Oct. 17, 1986 100 Stat. 1693 Pub. L. 101596, title II,  203 Nov. 16, 1990 104 Stat. 3006 Pub. L. 102580, title V,  505 Oct. 31, 1992 106 Stat. 4867  Editorial Notes  References in Text The effective date of this subchapter, referred to in subsecs. (a) and (b), means the effective date of title I of Pub. L. 92532 Oct. 23, 1972 section 110(a) of Pub. L. 92532 section 1411 of this title The Rivers and Harbors Act of 1899, referred to in subsec. (b), probably means the Act popularly known as the Rivers and Harbors Appropriation Act of 1899, act Mar. 3, 1899, ch. 425 30 Stat. 1151 The Fish and Wildlife Coordination Act as amended ( 16 U.S.C. 661666c act Mar. 10, 1934, ch. 55 48 Stat. 401 section 661(a) of Title 16 section 661 of Title 16 This Act, referred to in subsec. (g), means Pub. L. 92532 Amendments 1992Subsec. (d). Pub. L. 102580 1990Subsec. (f). Pub. L. 101596 33 U.S.C. 1416(g) section 1412(a) of this title 1986Subsec. (g). Pub. L. 99499 1980Subsec. (f). Pub. L. 96572 Statutory Notes and Related Subsidiaries Effective Date Section effective 6 months after Oct. 23, 1972 section 110(a) of Pub. L. 92532 section 1411 of this title Executive Documents  Territorial Sea of United States For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43  1417. Enforcement (a) Utilization of other departments, agencies, and instrumentalities The Administrator or the Secretary, as the case may be, may, whenever appropriate, utilize by agreement, the personnel, services and facilities of other Federal departments, agencies, and instrumentalities, or State agencies or instrumentalities, whether on a reimbursable or a nonreimbursable basis, in carrying out his responsibilities under this subchapter. (b) Delegation of review and evaluation authority The Administrator or the Secretary may delegate responsibility and authority for reviewing and evaluating permit applications, including the decision as to whether a permit will be issued, to an officer of his agency, or he may delegate, by agreement, such responsibility and authority to the heads of other Federal departments or agencies, whether on a reimbursable or nonreimbursable basis. (c) Surveillance and other enforcement activity The Secretary of the department in which the Coast Guard is operating shall conduct surveillance and other appropriate enforcement activity to prevent unlawful transportation of material for dumping, or unlawful dumping. Such enforcement activity shall include, but not be limited to, enforcement of regulations issued by him pursuant to section 1418 of this title ( Pub. L. 92532, title I,  107 Oct. 23, 1972 86 Stat. 1059  Statutory Notes and Related Subsidiaries Effective Date Section effective 6 months after Oct. 23, 1972 section 110(a) of Pub. L. 92532 section 1411 of this title  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 section 542 of Title 6  1418. Regulations  In carrying out the responsibilities and authority conferred by this subchapter, the Administrator, the Secretary, and the Secretary of the department in which the Coast Guard is operating are authorized to issue such regulations as they may deem appropriate. ( Pub. L. 92532, title I,  108 Oct. 23, 1972 86 Stat. 1059  Statutory Notes and Related Subsidiaries Effective Date Section effective 6 months after Oct. 23, 1972 section 110(a) of Pub. L. 92532 section 1411 of this title  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 section 542 of Title 6  1419. International cooperation  The Secretary of State, in consultation with the Administrator, shall seek effective international action and cooperation to insure protection of the marine environment, and may, for this purpose, formulate, present, or support specific proposals in the United Nations and other component international organizations for the development of appropriate international rules and regulations in support of the policy of this Act. ( Pub. L. 92532, title I,  109 Oct. 23, 1972 86 Stat. 1060  Editorial Notes  References in Text This Act, referred to in text, means Pub. L. 92532 Statutory Notes and Related Subsidiaries Effective Date Section effective 6 months after Oct. 23, 1972 section 110(a) of Pub. L. 92532 section 1411 of this title  1420. Authorization of appropriations  There are authorized to be appropriated, for purposes of carrying out this subchapter, not to exceed $12,000,000 for fiscal year 1993 and not to exceed $14,000,000 for each of the fiscal years 1994, 1995, 1996, and 1997, to remain available until expended. ( Pub. L. 92532, title I,  111 Oct. 23, 1972 86 Stat. 1060 Pub. L. 93472 Oct. 26, 1974 88 Stat. 1430 Pub. L. 9462,  1 July 25, 1975 89 Stat. 303 Pub. L. 94326,  1 June 30, 1976 90 Stat. 725 Pub. L. 95153,  1 Nov. 4, 1977 91 Stat. 1255 Pub. L. 96572,  1 Dec. 22, 1980 94 Stat. 3344 Pub. L. 9716 June 23, 1981 95 Stat. 100 Pub. L. 100536 Oct. 28, 1988 102 Stat. 2710 Pub. L. 102580, title V,  509(a) Oct. 31, 1992 106 Stat. 4870  Editorial Notes Amendments 1992 Pub. L. 102580 1988 Pub. L. 100536 1981 Pub. L. 9716 1980 Pub. L. 96572 1977 Pub. L. 95153 1976 Pub. L. 94326 1975 Pub. L. 9462 Sept. 30, 1976 1974 Pub. L. 93472 Statutory Notes and Related Subsidiaries Effective Date Section effective 6 months after Oct. 23, 1972 section 110(a) of Pub. L. 92532 section 1411 of this title  1421. Omitted  Editorial Notes Codification Section, Pub. L. 92532, title I,  112 Oct. 23, 1972 86 Stat. 1060 Pub. L. 94326,  2 June 30, 1976 90 Stat. 725 Pub. L. 96470, title II,  209(f) Oct. 19, 1980 94 Stat. 2245 Pub. L. 102580, title V,  510 Oct. 31, 1992 106 Stat. 4870 May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31 SUBCHAPTER II RESEARCH  1441. Monitoring and research program  The Secretary of Commerce, in coordination with the Secretary of the Department in which the Coast Guard is operating and with the Administrator shall, within six months of October 23, 1972 ( Pub. L. 92532, title II,  201 Oct. 23, 1972 86 Stat. 1060 Pub. L. 99272, title VI,  6061 Apr. 7, 1986 100 Stat. 131  Editorial Notes Amendments 1986 Pub. L. 99272 Statutory Notes and Related Subsidiaries  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 section 542 of Title 6  1442. Research program respecting possible long-range effects of pollution, overfishing, and man-induced changes of ocean ecosystems (a) Secretary of Commerce (1) The Secretary of Commerce, in close consultation with other appropriate Federal departments, agencies, and instrumentalities shall, within six months of October 23, 1972 (2) The Secretary of Commerce shall ensure that the program under this section complements, when appropriate, the activities undertaken by other Federal agencies pursuant to subchapter I and section 1443 of this title (A) the development and assessment of scientific techniques to define and quantify the degradation of the marine environment; (B) the assessment of the capacity of the marine environment to receive materials without degradation; (C) continuing monitoring programs to assess the health of the marine environment, including but not limited to the monitoring of bottom oxygen concentrations, contaminant levels in biota, sediments, and the water column, diseases in fish and shellfish, and changes in types and abundance of indicator species; (D) the development of methodologies, techniques, and equipment for disposal of waste materials to minimize degradation of the marine environment. (3) The Secretary of Commerce shall ensure that the comprehensive and continuing research program conducted under this subsection is consistent with the comprehensive plan for ocean pollution research and development and monitoring prepared under section 1703 1 1 (b) Action with other nations In carrying out his responsibilities under this section, the Secretary of Commerce, under the foreign policy guidance of the President and pursuant to international agreements and treaties made by the President with the advice and consent of the Senate, may act alone or in conjunction with any other nation or group of nations, and shall make known the results of his activities by such channels of communication as may appear appropriate. (c) Cooperation of other departments, agencies, and independent instrumentalities Each department, agency, and independent instrumentality of the Federal Government is authorized and directed to cooperate with the Secretary of Commerce in carrying out the purposes of this section and, to the extent permitted by law, to furnish such information as may be requested. (d) Utilization of personnel, services, and facilities; inter-agency agreements The Secretary of Commerce, in carrying out his responsibilities under this section, shall, to the extent feasible utilize the personnel, services, and facilities of other Federal departments, agencies, and instrumentalities (including those of the Coast Guard for monitoring purposes), and is authorized to enter into appropriate inter-agency agreements to accomplish this action. ( Pub. L. 92532, title II,  202 Oct. 23, 1972 86 Stat. 1060 Pub. L. 9462,  2 July 25, 1975 89 Stat. 303 Pub. L. 96381,  3 Oct. 6, 1980 94 Stat. 1524 Pub. L. 96470, title II,  201(f) Oct. 19, 1980 94 Stat. 2242 Pub. L. 99272, title VI,  6062 Apr. 7, 1986 100 Stat. 131 Pub. L. 100627, title I,  101 Nov. 7, 1988 102 Stat. 3213  Editorial Notes  References in Text Section 1703 of this title Pub. L. 102567, title II,  204 Oct. 29, 1992 106 Stat. 4282 Amendments 1988Subsec. (a)(3). Pub. L. 100627 1986Subsec. (a). Pub. L. 99272,  6062(1) Subsec. (c). Pub. L. 99272,  6062(4) section 665 of title 16 Subsecs. (d), (e). Pub. L. 99272,  6062(4) 1980Subsec. (a). Pub. L. 96381 Subsec. (c). Pub. L. 96470 section 665 of title 16 1975Subsec. (c). Pub. L. 9462 Statutory Notes and Related Subsidiaries  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 section 542 of Title 6  1443. Research program respecting ocean dumping and other methods of waste disposal (a) Cooperation with public authorities, agencies, and institutions, private agencies and institutions, and individuals The Administrator of the Environmental Protection Agency shall (1) conduct research, investigations, experiments, training, demonstrations, surveys, and studies for the purpose of (A) determining means of minimizing or ending, as soon as possible after October 6, 1980 section 1411(b) of this title (B) developing disposal methods as alternatives to the dumping described in subparagraph (A); and (2) encourage, cooperate with, promote the coordination of, and render financial and other assistance to appropriate public authorities, agencies, and institutions (whether Federal, State, interstate, or local) and appropriate private agencies, institutions, and individuals in the conduct of research and other activities described in paragraph (1). (b) Termination date for ocean dumping of sewage sludge not affected Nothing in this section shall be construed to affect in any way the December 31, 1981 section 1412a of this title (c) Regional management plans for waste disposal The Administrator, in cooperation with the Secretary, the Secretary of Commerce, and other officials of appropriate Federal, State, and local agencies, shall assess the feasibility in coastal areas of regional management plans for the disposal of waste materials. Such plans should integrate where appropriate Federal, State, regional, and local waste disposal activities into a comprehensive regional disposal strategy. These plans should address, among other things (1) the sources, quantities, and types of materials that require and will require disposal; (2) the environmental, economic, social, and human health factors (and the methods used to assess these factors) associated with disposal alternatives; (3) the improvements in production processes, methods of disposal, and recycling to reduce the adverse effects associated with such disposal alternatives; (4) the applicable laws and regulations governing waste disposal; and (5) improvements in permitting processes to reduce administrative burdens. (d) Report on sewage disposal in New York metropolitan area The Administrator, in cooperation with the Secretary of Commerce, shall submit to the Congress and the President, not later than one year after April 7, 1986 (1) consider the factors listed in subsection (c) as they relate to landfilling, incineration, ocean dumping, or any other feasible disposal or reuse/recycling option; (2) include an assessment of the cost of these alternatives; and (3) recommend such regulatory or legislative changes as may be necessary to reduce the adverse impacts associated with sewage sludge disposal. ( Pub. L. 92532, title II,  203 Oct. 23, 1972 86 Stat. 1061 Pub. L. 96381,  1 Oct. 6, 1980 94 Stat. 1523 Pub. L. 99272, title VI,  6063 Apr. 7, 1986 100 Stat. 131  Editorial Notes Codification In subsec. (a)(1)(A), October 6, 1980 Pub. L. 96381 Oct. 6, 1980 Amendments 1986Subsecs. (c), (d). Pub. L. 99272 1980 Pub. L. 96381 Oct. 6, 1980 section 1411(b) of this title Pub. L. 92532 Oct. 23, 1972 Dec. 31, 1981 section 1412a of this title  1444. Annual reports (a) Report by Secretary of Commerce In March of each year, the Secretary of Commerce shall report to the Congress on his activities under this subchapter during the previous fiscal year. The report shall include (1) the Secretarys findings made under section 1441 of this title (2) the results of activities undertaken pursuant to section 1442 of this title (3) with the concurrence of the Administrator and after consulting with officials of other appropriate Federal agencies, an identification of the short- and long-term research requirements associated with activities under subchapter I, and a description of how Federal research under this subchapter and subchapter I will meet those requirements; and (4) activities of the Department of Commerce under section 665 of title 16 (b) Report by Administrator In March of each year, the Administrator shall report to the Congress on his activities during the previous fiscal year under section 1443 of this title (c) Report by Under Secretary On October 31 of each year, the Under Secretary shall report to the Congress the specific programs that the National Oceanic and Atmospheric Administration and the Environmental Protection Agency carried out pursuant to this subchapter in the previous fiscal year, specifically listing the amount of funds allocated to those specific programs in the previous fiscal year. ( Pub. L. 92532, title II,  204 Pub. L. 96572,  5 Dec. 22, 1980 94 Stat. 3345 Pub. L. 99272, title VI,  6065 Apr. 7, 1986 100 Stat. 132 Pub. L. 100627, title I,  102 Nov. 7, 1988 102 Stat. 3213  Editorial Notes Prior Provisions A prior section 204 of Pub. L. 92532 section 1445 of this title Amendments 1988Subsec. (c). Pub. L. 100627 1986 Pub. L. 99272 July 1, 1981  1445. Authorization of appropriations  There are authorized to be appropriated for the first fiscal year after October 23, 1972 September 30, 1976 ( Pub. L. 92532, title II,  205 Oct. 23, 1972 86 Stat. 1061 Pub. L. 9462,  3 July 25, 1975 89 Stat. 303 Pub. L. 94326,  3 June 30, 1976 90 Stat. 725 Pub. L. 95153,  2 Nov. 4, 1977 91 Stat. 1255 Pub. L. 96381,  2 Oct. 6, 1980 94 Stat. 1523 Pub. L. 99272, title VI,  6064 Apr. 7, 1986 100 Stat. 132 Pub. L. 100627, title I,  103 Nov. 7, 1988 102 Stat. 3213  Editorial Notes Prior Provisions A prior section 205 of Pub. L. 92532 section 1444 of this title Amendments 1988 Pub. L. 100627 1986 Pub. L. 99272 1980 Pub. L. 96381 1977 Pub. L. 95153 1976 Pub. L. 94326 1975 Pub. L. 9462 Sept. 30, 1976 CHAPTER 28 POLLUTION CASUALTIES ON THE HIGH SEAS: UNITED STATES INTERVENTION    Sec.  1471. Definitions.  1472. Grave and imminent danger from oil pollution casualties to coastline or related interests of United States; Federal nonliability for Federal preventive measures on the high seas.  1473. Consultations and determinations respecting creation of hazards to human health, etc.; criteria for determinations respecting grave and imminent dangers of major harmful consequences to United States coastline or related interests.  1474. Federal intervention actions.  1475. Consultation procedure.  1476. Emergencies.  1477. Reasonable measures; considerations.  1478. Personal, flag state, and foreign state considerations.  1479. Federal liability for unreasonable damages.  1480. Notification by Secretary of State.  1481. Violations; penalties.  1482. Consultation for nomination and nomination of experts, negotiators, etc.; proposal of amendments to list of substances other than convention oil; Presidential acceptance of amendments.  1483. Foreign government ships; immunity.  1484. Interpretation and administration; other right, duty, privilege, or immunity and other remedy unaffected.  1485. Rules and regulations.  1486. Oil Spill Liability Trust Fund.  1487. Effective date.  1471. Definitions As used in this chapter (1) a substance other than convention oil means those oils, noxious substances, liquefied gases, and radioactive substances (A) enumerated in the protocol, or (B) otherwise determined to be hazardous under section 1473(a) of this title (2) convention means the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969, including annexes thereto; (3) convention oil means crude oil, fuel oil, diesel oil, and lubricating oil; (4) Secretary means the Secretary of the department in which the Coast Guard is operating; (5) ship means (A) a seagoing vessel of any type whatsoever, and (B) any floating craft, except an installation or device engaged in the exploration and exploitation of the resources of the seabed and the ocean floor and the subsoil thereof; (6) protocol means the Protocol Relating to Intervention on the High Seas in Cases of Marine Pollution by Substances Other Than Oil, 1973, including annexes thereto; and (7) United States means the States, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, Guam, American Samoa, the United States Virgin Islands, the Trust Territory of the Pacific Islands, the Commonwealth of the Northern Marianas, and any other commonwealth, territory, or possession of the United States. ( Pub. L. 93248,  2 Feb. 5, 1974 88 Stat. 8 Pub. L. 95302,  1(1) June 26, 1978 92 Stat. 344  Editorial Notes  References in Text For definition of Canal Zone, referred to in par. (7), see section 3602(b) of Title 22 Amendments 1978 Pub. L. 95302 Statutory Notes and Related Subsidiaries Effective Date of 1978 Amendment For effective date of amendment by Pub. L. 95302 section 2 of Pub. L. 95302 section 1487 of this title Short Title Pub. L. 93248,  1 Feb. 5, 1974 88 Stat. 8 That this Act [enacting this chapter] may be cited as the Intervention on the High Seas Act.  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 section 542 of Title 6 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  1472. Grave and imminent danger from oil pollution casualties to coastline or related interests of United States; Federal nonliability for Federal preventive measures on the high seas  Whenever a ship collision, stranding, or other incident of navigation or other occurrence on board a ship or external to it resulting in material damage or imminent threat of material damage to the ship or her cargo creates, as determined by the Secretary, a grave and imminent danger to the coastline or related interests of the United States from pollution or threat of pollution of the sea by convention oil or of the sea or atmosphere by a substance other than convention oil which may reasonably be expected to result in major harmful consequences, the Secretary may, except as provided for in section 1479 of this title ( Pub. L. 93248,  3 Feb. 5, 1974 88 Stat. 8 Pub. L. 95302,  1(2) June 26, 1978 92 Stat. 344  Editorial Notes Amendments 1978 Pub. L. 95302 Statutory Notes and Related Subsidiaries Effective Date of 1978 Amendment For effective date of amendment by Pub. L. 95302 section 2 of Pub. L. 95302 section 1487 of this title  1473. Consultations and determinations respecting creation of hazards to human health, etc.; criteria for determinations respecting grave and imminent dangers of major harmful consequences to United States coastline or related interests (a) The Secretary, after consultation with the Administrator of the Environmental Protection Agency and the Secretary of Commerce, shall determine when a substance other than those enumerated in the protocol is liable to create a hazard to human health, to harm living resources, to damage amenities, or to interfere with other legitimate uses of the sea. (b) In determining whether there is grave and imminent danger of major harmful consequences to the coastline or related interests of the United States, the Secretary shall consider the interests of the United States directly threatened or affected including but not limited to, human health, fish, shellfish, and other living marine resources, wildlife, coastal zone and estuarine activities, and public and private shorelines and beaches. ( Pub. L. 93248,  4 Feb. 5, 1974 88 Stat. 9 Pub. L. 95302,  1(3) June 26, 1978 92 Stat. 344  Editorial Notes Amendments 1978 Pub. L. 95302 Statutory Notes and Related Subsidiaries Effective Date of 1978 Amendment For effective date of amendment by Pub. L. 95302 section 2 of Pub. L. 95302 section 1487 of this title  1474. Federal intervention actions Upon a determination under section 1472 of this title (1) coordinate and direct all public and private efforts directed at the removal or elimination of the threatened pollution damage; (2) directly or indirectly undertake the whole or any part of any salvage or other action he could require or direct under subsection (1) of this section; and (3) remove, and, if necessary, destroy the ship and cargo which is the source of the danger. ( Pub. L. 93248,  5 Feb. 5, 1974 88 Stat. 9  1475. Consultation procedure Before taking any measure under section 1474 of this title (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. 93248,  6 Feb. 5, 1974 88 Stat. 9  1476. Emergencies  In cases of extreme urgency requiring measures to be taken immediately, the Secretary may take those measures rendered necessary by the urgency of the situation without the prior consultation or notification as required by section 1475 of this title ( Pub. L. 93248,  7 Feb. 5, 1974 88 Stat. 9  1477. Reasonable measures; considerations (a) Measures directed or conducted under this chapter shall be proportionate to the damage, actual or threatened, to the coastline or related interests of the United States and may not go beyond what is reasonably necessary to prevent, mitigate, or eliminate that damage. (b) In considering whether measures are proportionate to the damage the Secretary shall, among other things, consider (1) the extent and probability of imminent damage if those measures are not taken; (2) the likelihood of effectiveness of those measures; and (3) the extent of the damage which may be caused by those measures. ( Pub. L. 93248,  8 Feb. 5, 1974 88 Stat. 9  1478. Personal, flag state, and foreign state considerations In the direction and conduct of measures under this chapter the Secretary shall use his best endeavors to (1) assure the avoidance of risk to human life; (2) render all possible aid to distressed persons, including facilitating repatriation of ships crews; and (3) not unnecessarily interfere with rights and interests of others, including the flag state of any ship involved, other foreign states threatened by damage, and persons otherwise concerned. ( Pub. L. 93248,  9 Feb. 5, 1974 88 Stat. 9  1479. Federal liability for unreasonable damages (a) Payment of compensation The United States shall be obliged to pay compensation to the extent of the damage caused by measures which exceed those reasonably necessary to achieve the end mentioned in section 1472 of this title (b) Jurisdiction Actions against the United States seeking compensation for any excessive measures may be brought in the United States Court of Federal Claims, in any district court of the United States, and in those courts enumerated in section 460 of title 28 (c) Burden of proof With respect to intervention for a substance identified pursuant to section 1473(a) of this title ( Pub. L. 93248,  10 Feb. 5, 1974 88 Stat. 10 Pub. L. 95302,  1(4) June 26, 1978 92 Stat. 345 Pub. L. 97164, title I,  161(6) Apr. 2, 1982 96 Stat. 49 Pub. L. 102572, title IX,  902(b)(1) Oct. 29, 1992 106 Stat. 4516  Editorial Notes Amendments 1992Subsec. (b). Pub. L. 102572 1982Subsec. (b). Pub. L. 97164 1978Subsec. (c). Pub. L. 95302 Statutory Notes and Related Subsidiaries Effective Date of 1992 Amendment Amendment by Pub. L. 102572 Oct. 29, 1992 section 911 of Pub. L. 102572 section 171 of Title 28 Effective Date of 1982 Amendment Amendment by Pub. L. 97164 Oct. 1, 1982 section 402 of Pub. L. 97164 section 171 of Title 28 Effective Date of 1978 Amendment For effective date of amendment by Pub. L. 95302 section 2 of Pub. L. 95302 section 1487 of this title 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  1480. Notification by Secretary of State  The Secretary of State shall notify without delay foreign states concerned, the Secretary-General of the Inter-Governmental Maritime Consultative Organization, and persons affected by measures taken under this chapter. ( Pub. L. 93248,  11 Feb. 5, 1974 88 Stat. 10  1481. Violations; penalties (a) A person commits a class A misdemeanor if that person (1) willfully violates a provision of this chapter or a regulation issued thereunder; or (2) willfully refuses or fails to comply with any lawful order or direction given pursuant to this chapter; or (3) willfully obstructs any person who is acting in compliance with an order or direction under this chapter. (b) In a criminal proceeding for an offense under paragraph (1) or (2) of subsection (a) of this section it shall be a defense for the accused to prove that he used all due diligence to comply with any order or direction that he had reasonable cause to believe that compliance would have resulted in serious risk to human life. ( Pub. L. 93248,  12 Feb. 5, 1974 88 Stat. 10 Pub. L. 101380, title IV,  4302 l Aug. 18, 1990 104 Stat. 539  Editorial Notes Amendments 1990Subsec. (a). Pub. L. 101380 Statutory Notes and Related Subsidiaries Effective Date of 1990 Amendment Amendment by Pub. L. 101380 Aug. 18, 1990 section 1020 of Pub. L. 101380 section 2701 of this title  1482. Consultation for nomination and nomination of experts, negotiators, etc.; proposal of amendments to list of substances other than convention oil; Presidential acceptance of amendments (a) Nomination of experts and proposal of amendments to list of substances The Secretary, in consultation with the Secretary of State and the Administrator of the Environmental Protection Agency, may nominate individuals to the list of experts provided for in article III of the convention and article II of the protocol and may propose amendments to the list of substances other than convention oil in accordance with article III of the protocol. (b) Consultations for designation or nomination of negotiators, etc., provided for by convention and protocol The Secretary of State, in consultation with the Secretary, shall designate or nominate, as appropriate and necessary, the negotiators, conciliators, or arbitrators provided for by the convention and the protocol. (c) Presidential acceptance of amendments to list of substances other than convention oil in accordance with protocol The President may accept amendments to the list of substances other than convention oil in accordance with article III of the protocol. ( Pub. L. 93248,  13 Feb. 5, 1974 88 Stat. 10 Pub. L. 95302,  1(5) June 26, 1978 92 Stat. 345  Editorial Notes Amendments 1978Subsec. (a). Pub. L. 95302,  1(5)(A) Subsec. (b). Pub. L. 95302,  1(5)(B) Subsec. (c). Pub. L. 95302,  1(5)(C) Statutory Notes and Related Subsidiaries Effective Date of 1978 Amendment For effective date of amendment by Pub. L. 95302 section 2 of Pub. L. 95302 section 1487 of this title  1483. Foreign government ships; immunity  No measures may be taken under authority of this chapter against any warship or other ship owned or operated by a country and used, for the time being, only on Government noncommercial service. ( Pub. L. 93248,  14 Feb. 5, 1974 88 Stat. 10  1484. Interpretation and administration; other right, duty, privilege, or immunity and other remedy unaffected  This chapter shall be interpreted and administered in a manner consistent with the convention, the protocol, and other international law. Except as specifically provided, nothing in this chapter may be interpreted to prejudice any otherwise applicable right, duty, privilege, or immunity or deprive any country or person of any remedy otherwise applicable. ( Pub. L. 93248,  15 Feb. 5, 1974 88 Stat. 10 Pub. L. 95302,  1(6) June 26, 1978 92 Stat. 345  Editorial Notes Amendments 1978 Pub. L. 95302 Statutory Notes and Related Subsidiaries Effective Date of 1978 Amendment For effective date of amendment by Pub. L. 95302 section 2 of Pub. L. 95302 section 1487 of this title  1485. Rules and regulations  The Secretary may issue reasonable rules and regulations which he considers appropriate and necessary for the effective implementation of this chapter. ( Pub. L. 93248,  16 Feb. 5, 1974 88 Stat. 10  1486. Oil Spill Liability Trust Fund  The Oil Spill Liability Trust Fund shall be available to the Secretary for actions taken under sections 1474 and 1476 of this title. ( Pub. L. 93248,  17 Feb. 5, 1974 88 Stat. 10 Pub. L. 101380, title II,  2001 Aug. 18, 1990 104 Stat. 506  Editorial Notes Amendments 1990 Pub. L. 101380 section 1321(k) of this title section 1474 of this title Statutory Notes and Related Subsidiaries Effective Date of 1990 Amendment Amendment by Pub. L. 101380 Aug. 18, 1990 section 1020 of Pub. L. 101380 section 2701 of this title  1487. Effective date  This chapter shall be effective upon February 5, 1974 ( Pub. L. 93248,  18 Feb. 5, 1974 88 Stat. 10  Editorial Notes  References in Text The date the convention became effective as to the United States, referred to in text, is May 6, 1975 Statutory Notes and Related Subsidiaries Effective Date of 1978 Amendment Pub. L. 95302,  2 June 26, 1978 92 Stat. 345 This Act [amending sections 1471 to 1473, 1479, 1482, and 1484 of this title] shall be effective upon the date of enactment [ June 26, 1978 Sept. 7, 1978 Mar. 30, 1983 CHAPTER 29 DEEPWATER PORTS    Sec.  1501. Congressional declaration of policy.  1502. Definitions.  1503. License for ownership, construction, and operation of deepwater port.  1504. Procedure.  1505. Environmental review criteria.  1506. Repealed.  1507. Common carrier status.  1508. Adjacent coastal States.  1509. Marine environmental protection and navigational safety.  1510. International agreements.  1511. Suspension or termination of licenses.  1512. Recordkeeping and inspection.  1513. Public access to information.  1514. Remedies.  1515. Citizen civil action.  1516. Judicial review; persons aggrieved; jurisdiction of courts of appeal.  1517 1517a. Repealed or Omitted.  1518. Relationship to other laws.  1519. Repealed.  1520. Pipeline safety and operation.  1521. Negotiations with Canada and Mexico; report to Congress.  1522. Limitations on export provisions of section 185(u) of title 30  1523. General procedures; issuance and enforcement of orders; scope of authority; evidentiary matters.  1524. Authorization of appropriations.  1501. Congressional declaration of policy (a) It is declared to be the purposes of the Congress in this chapter to (1) authorize and regulate the location, ownership, construction, and operation of deepwater ports in waters beyond the territorial limits of the United States; (2) provide for the protection of the marine and coastal environment to prevent or minimize any adverse impact which might occur as a consequence of the development of such ports; (3) protect the interests of the United States and those of adjacent coastal States in the location, construction, and operation of deepwater ports; (4) protect the rights and responsibilities of States and communities to regulate growth, determine land use, and otherwise protect the environment in accordance with law; (5) promote the construction and operation of deepwater ports as a safe and effective means of importing oil or natural gas into the United States and transporting oil or natural gas from the outer continental shelf 1 1 (6) promote oil or natural gas production on the outer continental shelf 1 1 (b) The Congress declares that nothing in this chapter shall be construed to affect the legal status of the high seas, the superjacent airspace, or the seabed and subsoil, including the Continental Shelf. ( Pub. L. 93627,  2 Jan. 3, 1975 88 Stat. 2126 Pub. L. 104324, title V,  502(b) Oct. 19, 1996 110 Stat. 3925 Pub. L. 107295, title I,  106(a)(1) Nov. 25, 2002 116 Stat. 2086  Editorial Notes Amendments 2002Subsec. (a)(5), (6). Pub. L. 107295 1996Subsec. (a)(5), (6). Pub. L. 104324 Statutory Notes and Related Subsidiaries Short Title of 1996 Amendment Pub. L. 104324, title V,  501 Oct. 19, 1996 110 Stat. 3925 This title [amending this section and sections 1502 to 1504, 1507, and 1509 of this title, repealing section 1506 of this title Short Title of 1984 Amendment Pub. L. 98419,  1 Sept. 25, 1984 98 Stat. 1607 That this Act [amending sections 1502, 1503, 1504, 1506, 1507, 1517, and 1518 of this title and enacting provisions set out as a note under section 1518 of this title Short Title Pub. L. 93627,  1 Jan. 3, 1975 88 Stat. 2126 That this Act [enacting this chapter and amending section 1333 of Title 43 Congressional Purposes for 1996 Amendments Pub. L. 104324, title V,  502(a) Oct. 19, 1996 110 Stat. 3925  The purposes of this title [see Short Title of 1996 Amendment note above] are to (1) update and improve the Deepwater Port Act of 1974 [ 33 U.S.C. 1501 (2) assure that the regulation of deepwater ports is not more burdensome or stringent than necessary in comparison to the regulation of other modes of importing or transporting oil; (3) recognize that deepwater ports are generally subject to effective competition from alternative transportation modes and eliminate, for as long as a port remains subject to effective competition, unnecessary Federal regulatory oversight or involvement in the ports business and economic decisions; and (4) promote innovation, flexibility, and efficiency in the management and operation of deepwater ports by removing or reducing any duplicative, unnecessary, or overly burdensome Federal regulations or license provisions. Deposit of Certain Penalties Into Oil Spill Liability Trust Fund Penalties paid pursuant to this chapter and sections 1319(c) and 1321 of this title to be deposited in the Oil Spill Liability Trust Fund created under section 9509 of Title 26 section 4304 of Pub. L. 101380 section 9509 of Title 26 Executive Documents Environmental Effects Abroad of Major Federal Actions For provisions relating to environmental effects abroad of major Federal actions, see Ex. Ord. No. 12114, Jan. 4, 1979 section 4321 of Title 42  1502. Definitions As used in this chapter, unless the context otherwise requires, the term (1) adjacent coastal State means any coastal State which (A) would be directly connected by pipeline to a deepwater port, as proposed in an application; (B) would be located within 15 miles of any such proposed deepwater port; or (C) is designated by the Secretary in accordance with section 1508(a)(2) of this title (2) affiliate means any entity owned or controlled by, any person who owns or controls, or any entity which is under common ownership or control with an applicant, licensee, or any person required to be disclosed pursuant to section 1504(c)(2)(A) or (B) of this title; (3) application means an application submitted under this Act for a license for the ownership, construction, and operation of a deepwater port; (4) citizen of the United States means any person who is a United States citizen by law, birth, or naturalization, any State, any agency of a State or a group of States, or any corporation, partnership, or association organized under the laws of any State which has as its president or other executive officer and as its chairman of the board of directors, or holder of a similar office, a person who is a United States citizen by law, birth or naturalization and which has no more of its directors who are not United States citizens by law, birth or naturalization than constitute a minority of the number required for a quorum necessary to conduct the business of the board; (5) coastal environment means the navigable waters (including the lands therein and thereunder) and the adjacent shorelines including 1 1 (6) coastal State means any State of the United States in or bordering on the Atlantic, Pacific, or Arctic Oceans, or the Gulf of Mexico; (7) construction means the supervising, inspection, actual building, and all other activities incidental to the building, repairing, or expanding of a deepwater port or any of its components, including, but not limited to, pile driving and bulkheading, and alterations, modifications, or additions to the deepwater port; (8) control means the power, directly or indirectly, to determine the policy, business practices, or decisionmaking process of another person, whether by stock or other ownership interest, by representation on a board of directors or similar body, by contract or other agreement with stockholders or others, or otherwise; (9) deepwater port (A) means any fixed or floating manmade structure other than a vessel, or any group of such structures, that are located beyond State seaward boundaries and that are used or intended for use as a port or terminal for the transportation, storage, or further handling of oil or natural gas for transportation to or from any State, except as otherwise provided in section 1522 of this title (B) includes all components and equipment, including pipelines, pumping stations, service platforms, buoys, mooring lines, and similar facilities to the extent they are located seaward of the high water mark; (C) in the case of a structure used or intended for such use with respect to natural gas, includes all components and equipment, including pipelines, pumping or compressor stations, service platforms, buoys, mooring lines, and similar facilities that are proposed or approved for construction and operation as part of a deepwater port, to the extent that they are located seaward of the high water mark and do not include interconnecting facilities; and (D) shall be considered a new source for purposes of the Clean Air Act ( 42 U.S.C. 7401 33 U.S.C. 1251 (10) Governor means the Governor of a State or the person designated by State law to exercise the powers granted to the Governor pursuant to this chapter; (11) licensee means a citizen of the United States holding a valid license for the ownership, construction, and operation of a deepwater port that was issued, transferred, or renewed pursuant to this chapter; (12) marine environment includes the coastal environment, waters of the contiguous zone, and waters of the high seas; the fish, wildlife, and other living resources of such waters; and the recreational and scenic values of such waters and resources; (13) natural gas means either natural gas unmixed, or any mixture of natural or artificial gas, including compressed or liquefied natural gas, natural gas liquids, liquefied petroleum gas, and condensate recovered from natural gas; (14) oil means petroleum, crude oil, and any substance refined from petroleum or crude oil; (15) person includes an individual, a public or private corporation, a partnership or other association, or a government entity; (16) safety zone means the safety zone established around a deepwater port as determined by the Secretary in accordance with section 1509(d) of this title (17) Secretary means the Secretary of Transportation; (18) State includes each of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States; and (19) vessel means every description of watercraft or other artificial contrivance used as a means of transportation on or through the water. ( Pub. L. 93627,  3 Jan. 3, 1975 88 Stat. 2127 Pub. L. 98419,  2(a) Sept. 25, 1984 98 Stat. 1607 Pub. L. 104324, title V,  503 Oct. 19, 1996 110 Stat. 3926 Pub. L. 107295, title I,  106(b) Nov. 25, 2002 116 Stat. 2086 Pub. L. 10958, title III,  321(b) Aug. 8, 2005 119 Stat. 694 Pub. L. 112213, title III,  312 Dec. 20, 2012 126 Stat. 1569  Editorial Notes  References in Text The Clean Air Act, referred to in par. (9)(D), is act July 14, 1955, ch. 360 69 Stat. 322 section 7401 of Title 42 The Federal Water Pollution Control Act, as amended, referred to in par. (9)(D), is act June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 816 section 1251 of this title Amendments 2012Par. (9)(A). Pub. L. 112213 2005Par. (13). Pub. L. 10958 2002Par. (9). Pub. L. 107295,  106(b)(2) section 1522 of this title Pars. (13) to (19). Pub. L. 107295,  106(b)(1) 1996Pars. (3) to (8). Pub. L. 104324,  503(a) July 2, 1890 October 15, 1914 15 U.S.C. 41 August 27, 1894 Par. (9). Pub. L. 104324,  503(a)(2) section 1522 of this title section 1522 of this title Pars. (10) to (19). Pub. L. 104324,  503(a)(2) 1984Par. (4). Pub. L. 98419 Executive Documents  Territorial Sea and Contiguous Zone of United States For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No. 7219, respectively, set out as notes under section 1331 of Title 43  1503. License for ownership, construction, and operation of deepwater port (a) Requirement No person may engage in the ownership, construction, or operation of a deepwater port except in accordance with a license issued pursuant to this chapter. No person may transport or otherwise transfer any oil or natural gas between a deepwater port and the United States unless such port has been so licensed and the license is in force. (b) Issuance, transfer, amendment, or reinstatement The Secretary may (1) on application, issue a license for the ownership, construction, and operation of a deepwater port; and (2) on petition of the licensee, amend, transfer, or reinstate a license issued under this chapter. (c) Conditions for issuance The Secretary may issue a license in accordance with the provisions of this chapter if (1) he determines that the applicant is financially responsible and will meet the requirements of section 2716 of this title 1 1 (2) he determines that the applicant can and will comply with applicable laws, regulations, and license conditions; (3) he determines that the construction and operation of the deepwater port will be in the national interest and consistent with national security and other national policy goals and objectives, including energy sufficiency and environmental quality; (4) he determines that the deepwater port will not unreasonably interfere with international navigation or other reasonable uses of the high seas, as defined by treaty, convention, or customary international law; (5) he determines, in accordance with the environmental review criteria established pursuant to section 1505 of this title (6) he has not been informed, within 45 days of the last public hearing on a proposed license for a designated application area, by the Administrator of the Environmental Protection Agency that the deepwater port will not conform with all applicable provisions of the Clean Air Act, as amended [ 42 U.S.C. 7401 33 U.S.C. 1251 16 U.S.C. 1431 33 U.S.C. 1401 (7) he has consulted with the Secretary of the Army, the Secretary of State, and the Secretary of Defense, to determine their views on the adequacy of the application, and its effect on programs within their respective jurisdictions; (8) the Governor of the adjacent coastal State of States, pursuant to section 1508 of this title (9) the adjacent coastal State to which the deepwater port is to be directly connected by pipeline has developed, or is making, at the time the application is submitted, reasonable progress, as determined in accordance with section 1508(c) of this title 16 U.S.C. 1451 (d) Application for license subject to examination and comparison of economic, social, and environmental effects of deepwater port facility and deep draft channel and harbor; finality of determination If an application is made under this chapter for a license to construct a deepwater port facility off the coast of a State, and a port of the State which will be directly connected by pipeline with such deepwater port, on the date of such application (1) has existing plans for construction of a deep draft channel and harbor; and (2) has either (A) an active study by the Secretary of the Army relating to the construction of a deep draft channel and harbor, or (B) a pending application for a permit under section 403 of this title (3) applies to the Secretary for a determination under this section within 30 days of the date of the license application; the Secretary shall not issue a license under this chapter until he has examined and compared the economic, social, and environmental effects of the construction and operation of the deepwater port with the economic, social and environmental effects of the construction, expansion, deepening, and operation of such State port, and has determined which project best serves the national interest or that both developments are warranted. The Secretarys determination shall be discretionary and nonreviewable. (e) Additional conditions; removal requirements, waiver; Outer Continental Shelf Lands Act applicable to utilization of components upon waiver of removal requirements (1) In issuing a license for the ownership, construction, and operation of a deepwater port, the Secretary shall prescribe those conditions which the Secretary deems necessary to carry out the provisions and requirements of this chapter 2 2 2 2 section 1509(a) of this title (2) No license shall be issued, transferred, or renewed under this chapter unless the licensee or transferee first agrees in writing that (A) there will be no substantial change from the plans, operational systems, and methods, procedures, and safeguards set forth in his license, as approved, without prior approval in writing from the Secretary; and (B) he will comply with any condition the Secretary may prescribe in accordance with the provisions of this chapter. (3) The Secretary shall establish such bonding requirements or other assurances as he deems necessary to assure that, upon the revocation or termination of a license, the licensee will remove all components of the deepwater port. In the case of components lying in the subsoil below the seabed, the Secretary is authorized to waive the removal requirements if he finds that such removal is not otherwise necessary and that the remaining components do not constitute any threat to navigation or to the environment. At the request of the licensee, the Secretary, after consultation with the Secretary of the Interior, is authorized to waive the removal requirement as to any components which he determines may be utilized in connection with the transportation of oil, natural gas, or other minerals, pursuant to a lease granted under the provisions of the Outer Continental Shelf Lands Act [ 43 U.S.C. 1331 (f) Amendments, transfers, and reinstatements The Secretary may amend, transfer, or reinstate a license issued under this chapter 2 (g) Eligible citizens Any citizen of the United States who otherwise qualifies under the terms of this chapter shall be eligible to be issued a license for the ownership, construction, and operation of a deepwater port. (h) Term of license A license issued under this chapter remains in effect unless suspended or revoked by the Secretary or until surrendered by the licensee. (i) Liquefied natural gas facilities To promote the security of the United States, the Secretary shall give top priority to the processing of a license under this chapter for liquefied natural gas facilities that will be supplied with or that will supply liquefied natural gas by United States flag vessels. ( Pub. L. 93627,  4 Jan. 3, 1975 88 Stat. 2128 Pub. L. 98419,  2(b) Sept. 25, 1984 98 Stat. 1607 Pub. L. 101380, title II,  2003(a)(1) Aug. 18, 1990 104 Stat. 507 Pub. L. 104324, title V,  504 Oct. 19, 1996 110 Stat. 3926 Pub. L. 107295, title I,  106(a)(2) Nov. 25, 2002 116 Stat. 2086 Pub. L. 109241, title III,  304(b) July 11, 2006 120 Stat. 527 Pub. L. 113281, title III,  307(c) Dec. 18, 2014 128 Stat. 3045  Editorial Notes  References in Text The Clean Air Act, referred to in subsec. (c)(6), is act July 14, 1955, ch. 360 69 Stat. 322 section 7401 of Title 42 The Federal Water Pollution Control Act, as amended, referred to in subsec. (c)(6), is act June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 816 section 1251 of this title The Marine Protection, Research and Sanctuaries Act, referred to subsec. (c)(6), probably means Pub. L. 92532 Oct. 23, 1972 86 Stat. 1052 section 1401 of this title The Coastal Zone Management Act of 1972, referred to in subsec. (c)(9), is title III of Pub. L. 89454 Pub. L. 92583 Oct. 27, 1972 86 Stat. 1280 section 1451 of Title 16 This chapter, referred to first three times in subsec. (e)(1) and first time in subsec. (f), was in the original this title and was translated as reading this Act, meaning Pub. L. 93627 Pub. L. 93627 The Outer Continental Shelf Lands Act, referred to in subsec. (e)(3), is act Aug. 7, 1953, ch. 345 67 Stat. 462 section 1301 of Title 43 Amendments 2014Subsec. (i). Pub. L. 113281 2006Subsec. (i). Pub. L. 109241 2002Subsec. (a). Pub. L. 107295 1996Subsec. (a). Pub. L. 104324,  504(a) (1) for the loading and unloading of commodities or materials (other than oil) transported from the United States, other than materials to be used in the construction, maintenance, or operation of the high seas oil port, to be used as ship supplies, including bunkering for vessels utilizing the high seas oil port, (2) for the transshipment of commodities or materials, to the United States, other than oil, (3) except in cases where the Secretary otherwise by rule provides, for the transshipment of oil, destined for locations outside the United States. Subsec. (c)(7) to (10). Pub. L. 104324,  504(b) section 1506 of this title Subsec. (e)(1). Pub. L. 104324,  504(c) section 1509(a) of this title Subsec. (e)(2). Pub. L. 104324,  504(d) Subsec. (f). Pub. L. 104324,  504(e) 1990Subsec. (c)(1). Pub. L. 101380 section 2716 of this title l 1984Subsec. (b). Pub. L. 98419,  2(b) Subsec. (e)(1). Pub. L. 98419,  2(e) Subsec. (f). Pub. L. 98419,  2(c) Subsec. (h). Pub. L. 98419,  2(d) Statutory Notes and Related Subsidiaries Effective Date of 1990 Amendment Amendment by Pub. L. 101380 Aug. 18, 1990 section 1020 of Pub. L. 101380 section 2701 of this title  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 section 542 of Title 6 LNG Tankers Pub. L. 114120, title III,  312 Feb. 8, 2016 130 Stat. 58  Not later than 180 days after the date of the enactment this Act [ Feb. 8, 2016 (1) develop guidelines to implement the program authorized under section 304(a) of the Coast Guard and Maritime Transportation Act of 2006 ( Public Law 109241 (A) incentives to encourage partnership agreements with operators of foreign-flag vessels that carry liquified natural gas, that provide no less than one training billet per vessel for United States merchant mariners in order to meet minimum mandatory sea service requirements; (B) development of appropriate training curricula for use by public and private maritime training institutions to meet all United States merchant mariner license, certification, and document laws and requirements under the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978; and (C) steps to promote greater outreach and awareness of additional job opportunities for sea service veterans of the United States Armed Forces; and (2) submit such guidelines to the Committee [on] Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. Pub. L. 109241, title III,  304(a) July 11, 2006 120 Stat. 527 Pub. L. 113281, title III,  307(b) Dec. 18, 2014 128 Stat. 3045 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4747 section 1504(j)(1) of this title  1504. Procedure (a) Regulations; issuance, amendment, or rescission; scope The Secretary shall, as soon as practicable after January 3, 1975 section 553 of title 5 (b) Additional regulations; criteria for site evaluation and preconstruction testing The Secretary, in consultation with the Secretary of the Interior and the Administrator of the National Oceanic and Atmospheric Administration, shall, as soon as practicable after January 3, 1975 (c) Plans; submittal to Secretary of Transportation; publication in Federal Register; application contents; exemption (1) Any person making an application under this chapter shall submit detailed plans to the Secretary. Within 21 days after the receipt of an application, the Secretary shall determine whether the application appears to contain all of the information required by paragraph (2) hereof. If the Secretary determines that such information appears to be contained in the application, the Secretary shall, no later than 5 days after making such a determination, publish notice of the application and a summary of the plans in the Federal Register. If the Secretary determines that all of the required information does not appear to be contained in the application, the Secretary shall notify the applicant and take no further action with respect to the application until such deficiencies have been remedied. (2) Each application shall include such financial, technical, and other information as the Secretary deems necessary or appropriate. Such information shall include, but need not be limited to (A) the name, address, citizenship, telephone number, and the ownership interest in the applicant, of each person having any ownership interest in the applicant of greater than 3 per centum; (B) to the extent feasible, the name, address, citizenship, and telephone number of any person with whom the applicant has made, or proposes to make, a significant contract for the construction or operation of the deepwater port and a copy of any such contract; (C) the name, address, citizenship, and telephone number of each affiliate of the applicant and of any person required to be disclosed pursuant to subparagraphs (A) or (B) of this paragraph, together with a description of the manner in which such affiliate is associated with the applicant or any person required to be disclosed under subparagraph (A) or (B) of this paragraph; (D) the proposed location and capacity of the deepwater port, including all components thereof; (E) the type and design of all components of the deepwater port and any storage facilities associated with the deepwater port; (F) with respect to construction in phases, a detailed description of each phase, including anticipated dates of completion for each of the specific components thereof; (G) the location and capacity of existing and proposed storage facilities and pipelines which will store or transport oil transported through the deepwater port, to the extent known by the applicant or any person required to be disclosed pursuant to subparagraphs (A), (B), or (C) of this paragraph; (H) with respect to any existing and proposed refineries which will receive oil transported through the deepwater port, the location and capacity of each such refinery and the anticipated volume of such oil to be refined by each such refinery, to the extent known by the applicant or any person required to be disclosed pursuant to subparagraphs (A), (B), or (C) of this paragraph; (I) the financial and technical capabilities of the applicant to construct or operate the deepwater port; (J) other qualifications of the applicant to hold a license under this chapter; (K) the nation of registry for, and the nationality or citizenship of officers and crew serving on board, vessels transporting natural gas that are reasonably anticipated to be servicing the deepwater port; (L) a description of procedures to be used in constructing, operating, and maintaining the deepwater port, including systems of oil spill prevention, containment, and cleanup; and (M) such other information as may be required by the Secretary to determine the environmental impact of the proposed deepwater port. (3) Upon written request of any person subject to this subsection, the Secretary may make a determination in writing to exempt such person from any of the informational filing provisions enumerated in this subsection or the regulations implementing this section if the Secretary determines that such information is not necessary to facilitate the Secretarys determinations under section 1503 of this title (d) Application area; publication in Federal Register; application area defined; submission of other applications; notice of intent and submission of completed applications; denial of pending application prior to consideration of other untimely applications (1) At the time notice of an application is published pursuant to subsection (c) of this section, the Secretary shall publish a description in the Federal Register of an application area encompassing the deepwater port site proposed by such application and within which construction of the proposed deepwater port would eliminate, at the time such application was submitted, the need for any other deepwater port within that application area. (2) As used in this section, application area means any reasonable geographical area within which a deepwater port may be constructed and operated. Such application area shall not exceed a circular zone, the center of which is the principal point of loading and unloading at the port, and the radius of which is the distance from such point to the high water mark of the nearest adjacent coastal State. (3) The Secretary shall accompany such publication with a call for submission of any other applications for licenses for the ownership, construction, and operation of a deepwater port within the designated application area. Persons intending to file applications for such license shall submit a notice of intent to file an application with the Secretary not later than 60 days after the publication of notice pursuant to subsection (c) of this section and shall submit the completed application no later than 90 days after publication of such notice. The Secretary shall publish notice of any such application received in accordance with subsection (c) of this section. No application for a license for the ownership, construction, and operation of a deepwater port within the designated application area for which a notice of intent to file was received after such 60-day period, or which is received after such 90-day period has elapsed, shall be considered until the application pending with respect to such application area have been denied pursuant to this chapter. (4) This subsection shall not apply to deepwater ports for natural gas. (e) Recommendations to Secretary of Transportation; application for all Federal authorizations; copies of application to Federal agencies and departments with jurisdiction; recommendation of approval or disapproval and of manner of amendment to comply with laws or regulations (1) Not later than 30 days after January 3, 1975 (2) An application filed with the Secretary shall constitute an application for all Federal authorizations required for ownership, construction, and operation of a deepwater port. At the time notice of any application is published pursuant to subsection (c) of this section, the Secretary shall forward a copy of such application to those Federal agencies and departments with jurisdiction over any aspect of such ownership, construction, or operation for comment, review, or recommendation as to conditions and for such other action as may be required by law. Each agency or department involved shall review the application and, based upon legal considerations within its area of responsibility, recommend to the Secretary, the approval or disapproval of the application not later than 45 days after the last public hearing on a proposed license for a designated application area. In any case in which the agency or department recommends disapproval, it shall set forth in detail the manner in which the application does not comply with any law or regulation within its area of responsibility and shall notify the Secretary how the application may be amended so as to bring it into compliance with the law or regulation involved. (f) NEPA compliance For all applications, the Secretary, in cooperation with other involved Federal agencies and departments, shall comply with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 42 U.S.C. 4321 (g) Public notice and hearings; evidentiary hearing in District of Columbia; decision of Secretary based on evidentiary record; consolidation of hearings A license may be issued only after public notice and public hearings in accordance with this subsection. At least one such public hearing shall be held in each adjacent coastal State. Any interested person may present relevant material at any hearing. After hearings in each adjacent coastal State are concluded if the Secretary determines that there exists one or more specific and material factual issues which may be resolved by a formal evidentiary hearing, at least one adjudicatory hearing shall be held in accordance with the provisions of section 554 of title 5 (h) Nonrefundable application fee; processing costs; State fees; land-based facilities directly related to a deepwater port facility defined; fair market rental value, advance payment (1) Each person applying for a license pursuant to this chapter shall remit to the Secretary at the time the application is filed a nonrefundable application fee established by regulation by the Secretary. In addition, an applicant shall also reimburse the United States and the appropriate adjacent coastal State for any additional costs incurred in processing an application. (2) Notwithstanding any other provision of this chapter, and unless prohibited by law, an adjacent coastal State may fix reasonable fees for the use of a deepwater port facility, and such State and any other State in which land-based facilities directly related to a deepwater port facility are located may set reasonable fees for the use of such land-based facilities. Fees may be fixed under authority of this paragraph as compensation for any economic cost attributable to the construction and operation of such deepwater port and such land-based facilities, which cannot be recovered under other authority of such State or political subdivision thereof, including, but not limited to, ad valorem taxes, and for environmental and administrative costs attributable to the construction and operation of such deepwater port and such land-based facilities. Fees under this paragraph shall not exceed such economic, environmental, and administrative costs of such State. Such fees shall be subject to the approval of the Secretary. As used in this paragraph, the term land-based facilities directly related to a deepwater port facility means the onshore tank farm and pipelines connecting such tank farm to the deepwater port facility. (3) A licensee shall pay annually in advance the fair market rental value (as determined by the Secretary of the Interior) of the subsoil and seabed of the Outer Continental Shelf of the United States to be utilized by the deepwater port, including the fair market rental value of the right-of-way necessary for the pipeline segment of the port located on such subsoil and seabed. (i) Application approval; period for determination; priorities; criteria for determination of application best serving national interest (1) The Secretary shall approve or deny any application for a designated application area submitted pursuant to this chapter not later than 90 days after the last public hearing on a proposed license for that area. (2) In the event more than one application is submitted for an application area, the Secretary, unless one of the proposed deepwater ports clearly best serves the national interest, shall issue a license according to the following order of priorities: (A) to an adjacent coastal State (or combination of States), any political subdivision thereof, or agency or instrumentality, including a wholly owned corporation of any such government; (B) to a person who is neither (i) engaged in producing, refining, or marketing oil, nor (ii) an affiliate of any person who is engaged in producing, refining, or marketing oil or an affiliate of any such affiliate; (C) to any other person. (3) In determining whether any one proposed deepwater port clearly best serves the national interest, the Secretary shall consider the following factors: (A) the degree to which the proposed deepwater ports affect the environment, as determined under criteria established pursuant to section 1505 of this title (B) any significant differences between anticipated completion dates for the proposed deepwater ports; and (C) any differences in costs of construction and operation of the proposed deepwater ports, to the extent that such differential may significantly affect the ultimate cost of oil to the consumer. (4) The Secretary shall approve or deny any application for a deepwater port for natural gas submitted pursuant to this chapter not later than 90 days after the last public hearing on a proposed license. Paragraphs (1), (2), and (3) of this subsection shall not apply to an application for a deepwater port for natural gas. (j) LNG tankers (1) Program The Secretary of Transportation shall develop and implement a program to promote the transportation of liquefied natural gas to and from the United States on United States flag vessels. (2) Information to be provided When the Coast Guard is operating as a contributing agency in the Federal Energy Regulatory Commissions shoreside licensing process for a liquefied natural gas or liquefied petroleum gas terminal located on shore or within State seaward boundaries, the Coast Guard shall provide to the Commission the information described in subsection (c)(2)(K) with respect to vessels reasonably anticipated to be servicing that port. ( Pub. L. 93627,  5 Jan. 3, 1975 88 Stat. 2131 Pub. L. 98419,  2(f) Sept. 25, 1984 98 Stat. 1607 Pub. L. 104324, title V,  505 Oct. 19, 1996 110 Stat. 3927 Pub. L. 107295, title I,  106(c) Nov. 25, 2002 116 Stat. 20862088 Pub. L. 109241, title III,  304(c)(1) July 11, 2006 120 Stat. 527 Pub. L. 111281, title IX,  903(d) Oct. 15, 2010 124 Stat. 3011 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4747  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsec. (f), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 Amendments 2021Subsec. (j). Pub. L. 116283 2010Subsec. (c)(2)(K). Pub. L. 111281 2006Subsec. (c)(2)(K) to (M). Pub. L. 109241 2002Subsec. (d)(4). Pub. L. 107295,  106(c)(1) Subsec. (f). Pub. L. 107295,  106(f) section 4332(2)(C) of title 42 section 1505 of this title Subsec. (h)(2). Pub. L. 107295,  106(g) Subsec. (i)(4). Pub. L. 107295,  106(c)(2) 1996Subsec. (c)(3). Pub. L. 104324 1984Subsec. (g). Pub. L. 98419 Statutory Notes and Related Subsidiaries Regulations Pub. L. 107295, title I,  106(e) Nov. 25, 2002 116 Stat. 2087  (1)  Agency and department expertise and responsibilities Not later than 30 days after the date of the enactment of this Act [ Nov. 25, 2002 33 U.S.C. 1501 (2)  Interim final rule The Secretary may issue an interim final rule as a temporary regulation implementing this section [amending this section and sections 1501 to 1503, 1507, and 1520 of this title] (including the amendments made by this section) as soon as practicable after the date of enactment of this section, without regard to the provisions of chapter 5 of title 5, United States Code. (3)  Final rules As soon as practicable after the date of the enactment of this Act, the Secretary of Transportation shall issue additional final rules that, in the discretion of the Secretary, are determined to be necessary under the Deepwater Port Act of 1974 ( 33 U.S.C. 1501 Information To Be Provided Pub. L. 109241, title III,  304(c)(2) July 11, 2006 120 Stat. 527 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4747  1505. Environmental review criteria (a) Establishment; evaluation of proposed deepwater ports The Secretary, in accordance with the recommendations of the Administrator of the Environmental Protection Agency and the Administrator of the National Oceanic and Atmospheric Administration and after consultation with any other Federal departments and agencies having jurisdiction over any aspect of the construction or operation of a deepwater port, shall establish, as soon as practicable after January 3, 1975 42 U.S.C. 4321 (1) the effect on the marine environment; (2) the effect on oceanographic currents and wave patterns; (3) the effect on alternate uses of the oceans and navigable waters, such as scientific study, fishing, and exploitation of other living and nonliving resources; (4) the potential dangers to a deepwater port from waves, winds, weather, and geological conditions, and the steps which can be taken to protect against or minimize such dangers; (5) effects of land-based developments related to deepwater port development; (6) the effect on human health and welfare; and (7) such other considerations as the Secretary deems necessary or appropriate. (b) Review and revision The Secretary shall periodically review and, whenever necessary, revise in the same manner as originally developed, criteria established pursuant to subsection (a) of this section. (c) Concurrent development of criteria and regulations Criteria established pursuant to this section shall be developed concurrently with the regulations in subsection (a) of section 1504 of this title ( Pub. L. 93627,  6 Jan. 3, 1975 88 Stat. 2135  Editorial Notes  References in Text The National Environmental Policy Act, referred to in subsec. (a), probably means the National Environmental Policy Act of 1969, Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42  1506. Repealed. Pub. L. 104324, title V,  506 Oct. 19, 1996 110 Stat. 3927   Section, Pub. L. 93627,  7 Jan. 3, 1975 88 Stat. 2135 Pub. L. 98419,  2(g) Sept. 25, 1984 98 Stat. 1607  1507. Common carrier status (a) Status of deepwater ports and storage facilities A deepwater port and a storage facility serviced directly by that deepwater port shall operate as a common carrier under applicable provisions of part I of the Interstate Commerce Act and subtitle IV of title 49, and shall accept, transport, or convey without discrimination all oil delivered to the deepwater port with respect to which its license is issued, except as provided by subsection (b) of this section. (b) Discrimination prohibition; exceptions A licensee is not discriminating under this section and is not subject to common carrier regulations under subsection (a) of this section when that licensee (1) is subject to effective competition for the transportation of oil from alternative transportation systems; and (2) sets its rates, fees, charges, and conditions of service on the basis of competition, giving consideration to other relevant business factors such as the market value of services provided, licensees cost of operation, and the licensees investment in the deepwater port and a storage facility, and components thereof, serviced directly by that deepwater port. (c) Enforcement, suspension, or termination proceedings When the Secretary has reason to believe that a licensee is not in compliance with this section, the Secretary shall commence an appropriate proceeding before the Federal Energy Regulatory Commission or request the Attorney General to take appropriate steps to enforce compliance with this section and, when appropriate, to secure the imposition of appropriate sanctions. In addition, the Secretary may suspend or revoke the license of a licensee not complying with its obligations under this section. (d) Managed access Subsections (a) and (b) shall not apply to deepwater ports for natural gas. A licensee of a deepwater port for natural gas, or an affiliate thereof, may exclusively utilize the entire capacity of the deepwater port and storage facilities for the acceptance, transport, storage, regasification, or conveyance of natural gas produced, processed, marketed, or otherwise obtained by agreement by such licensee or its affiliates. The licensee may make unused capacity of the deepwater port and storage facilities available to other persons, pursuant to reasonable terms and conditions imposed by the licensee, if such use does not otherwise interfere in any way with the acceptance, transport, storage, regasification, or conveyance of natural gas produced, processed, marketed, or otherwise obtained by agreement by such licensee or its affiliates. (e) Jurisdiction Notwithstanding any provision of the Natural Gas Act ( 15 U.S.C. 717 section 1518 of this title ( Pub. L. 93627,  8 Jan. 3, 1975 88 Stat. 2136 Pub. L. 98419,  3(a) Sept. 25, 1984 98 Stat. 1608 Pub. L. 104324, title V,  507 Oct. 19, 1996 110 Stat. 3927 Pub. L. 107295, title I,  106(d) Nov. 25, 2002 116 Stat. 2087  Editorial Notes  References in Text The Interstate Commerce Act, referred to in subsec. (a), is act Feb. 4, 1887, ch. 104 24 Stat. 379 Oct. 17, 1978 92 Stat. 1467 The Natural Gas Act, referred to in subsec. (e), is act June 21, 1938, ch. 556 52 Stat. 821 section 717w of Title 15 Amendments 2002Subsecs. (d), (e). Pub. L. 107295 1996Subsec. (a). Pub. L. 104324,  507(a) Subsec. (b). Pub. L. 104324,  507(b) 1984Subsec. (a). Pub. L. 98419 Subsec. (b). Pub. L. 98419 Subsec. (c). Pub. L. 98419 section 1511 of this title  1508. Adjacent coastal States (a) Designation; direct pipeline connections; mileage; risk of damage to coastal environment, time for designation (1) The Secretary, in issuing notice of application pursuant to section 1504(c) of this title (2) The Secretary shall, upon request of a State, and after having received the recommendations of the Administrator of the National Oceanic and Atmospheric Administration, designate such State as an adjacent coastal State if he determines that there is a risk of damage to the coastal environment of such State equal to or greater than the risk posed to a State directly connected by pipeline to the proposed deepwater port. This paragraph shall apply only with respect to requests made by a State not later than the 14th day after the date of publication of notice of an application for a proposed deepwater port in the Federal Register in accordance with section 1504(c) of this title (b) Applications; submittal to Governors for approval or disapproval; consistency of Federal licenses and State programs; views of other interested States (1) Not later than 10 days after the designation of adjacent coastal States pursuant to this chapter, the Secretary shall transmit a complete copy of the application to the Governor of each adjacent coastal State. The Secretary shall not issue a license without the approval of the Governor of each adjacent coastal State. If the Governor fails to transmit his approval or disapproval to the Secretary not later than 45 days after the last public hearing on applications for a particular application area, such approval shall be conclusively presumed. If the Governor notifies the Secretary that an application, which would otherwise be approved pursuant to this paragraph, is inconsistent with State programs relating to environmental protection, land and water use, and coastal zone management, the Secretary shall condition the license granted so as to make it consistent with such State programs. (2) Any other interested State shall have the opportunity to make its views known to, and shall be given full consideration by, the Secretary regarding the location, construction, and operation of a deepwater port. (c) Reasonable progress toward development of coastal zone management program; planning grants The Secretary shall not issue a license unless the adjacent coastal State to which the deepwater port is to be directly connected by pipeline has developed, or is making, at the time the application is submitted, reasonable progress toward developing an approved coastal zone management program pursuant to the Coastal Zone Management Act of 1972 [ 16 U.S.C. 1451 16 U.S.C. 1454 (d) State agreements or compacts The consent of Congress is given to two or more coastal States to negotiate and enter into agreements or compacts, not in conflict with any law or treaty of the United States, (1) to apply for a license for the ownership, construction, and operation of a deepwater port or for the transfer of such license, and (2) to establish such agencies, joint or otherwise, as are deemed necessary or appropriate for implementing and carrying out the provisions of any such agreement or compact. Such agreement or compact shall be binding and obligatory upon any State or party thereto without further approval by Congress. ( Pub. L. 93627,  9 Jan. 3, 1975 88 Stat. 2136  Editorial Notes  References in Text The Coastal Zone Management Act of 1972, referred to in subsec. (c), is title III of Pub. L. 89454 Pub. L. 92583 Oct. 27, 1972 86 Stat. 1280 section 1451 of Title 16  1509. Marine environmental protection and navigational safety (a) Regulations and procedures Subject to recognized principles of international law and the provision of adequate opportunities for public involvement, the Secretary shall prescribe and enforce procedures, either by regulation (for basic standards and conditions) or by the licensees operations manual, with respect to rules governing vessel movement, loading and unloading procedures, designation and marking of anchorage areas, maintenance, law enforcement, and the equipment, training, and maintenance required (A) to prevent pollution of the marine environment, (B) to clean up any pollutants which may be discharged, and (C) to otherwise prevent or minimize any adverse impact from the construction and operation of such deepwater port. (b) Safety of property and life; regulations The Secretary shall issue and enforce regulations with respect to lights and other warning devices, safety equipment, and other matters relating to the promotion of safety of life and property in any deepwater port and the waters adjacent thereto. (c) Marking of components; payment of cost The Secretary shall mark, for the protection of navigation, any component of a deepwater port whenever the licensee fails to mark such component in accordance with applicable regulations. The licensee shall pay the cost of such marking. (d) Safety zones; designation; construction period; permitted activities (1) Subject to recognized principles of international law and after consultation with the Secretary of the Interior, the Secretary of Commerce, the Secretary of State, and the Secretary of Defense, the Secretary shall designate a zone of appropriate size around and including any deepwater port for the purpose of navigational safety. In such zone, no installations, structures, or uses will be permitted that are incompatible with the operation of the deepwater port. The Secretary shall by regulation define permitted activities within such zone. The Secretary shall, not later than 30 days after publication of notice pursuant to section 1504(c) of this title (2) In addition to any other regulations, the Secretary is authorized, in accordance with this subsection, to establish a safety zone to be effective during the period of construction of a deepwater port and to issue rules and regulations relating thereto. ( Pub. L. 93627,  10 Jan. 3, 1975 88 Stat. 2137 Pub. L. 104324, title V,  508 Oct. 19, 1996 110 Stat. 3927  Editorial Notes Amendments 1996Subsec. (a). Pub. L. 104324,  507(a)  1510. International agreements  The Secretary of State, in consultation with the Secretary, shall seek effective international action and cooperation in support of the policy and purposes of this chapter and may formulate, present, or support specific proposals in the United Nations and other competent international organizations for the development of appropriate international rules and regulations relative to the construction, ownership, and operation of deepwater ports, with particular regard for measures that assure protection of such facilities as well as the promotion of navigational safety in the vicinity thereof. ( Pub. L. 93627,  11 Jan. 3, 1975 88 Stat. 2138  1511. Suspension or termination of licenses (a) Proceedings by Attorney General; venue; conditions subsequent Whenever a licensee fails to comply with any applicable provision of this chapter, or any applicable rule, regulation, restriction, or condition issued or imposed by the Secretary under the authority of this chapter, the Attorney General, at the request of the Secretary, may file an appropriate action in the United States district court nearest to the location of the proposed or actual deepwater port, as the case may be, or in the district in which the licensee resides or may be found, to (1) suspend the license; or (2) if such failure is knowing and continues for a period of thirty days after the Secretary mails notification of such failure by registered letter to the licensee at his record post office address, revoke such license. No proceeding under this subsection is necessary if the license, by its terms, provides for automatic suspension or termination upon the occurrence of a fixed or agreed upon condition, event, or time. (b) Public health or safety; danger to environment; completion of proceedings If the Secretary determines that immediate suspension of the construction or operation of a deepwater port or any component thereof is necessary to protect public health or safety or to eliminate imminent and substantial danger to the environment, he shall order the licensee to cease or alter such construction or operation pending the completion of a judicial proceeding pursuant to subsection (a) of this section. ( Pub. L. 93627,  12 Jan. 3, 1975 88 Stat. 2138  Editorial Notes Codification In subsec. (a), chapter substituted for title to conform to other substitutions for Act and as reflecting intent of Congress manifest throughout Pub. L. 93627  1512. Recordkeeping and inspection (a) Regulations; regulations under other provisions unaffected Each licensee shall establish and maintain such records, make such reports, and provide such information as the Secretary, after consultation with other interested Federal departments and agencies, shall by regulation prescribe to carry out the provision of this chapter. Such regulations shall not amend, contradict or duplicate regulations established pursuant to part I of the Interstate Commerce Act or any other law. Each licensee shall submit such reports and shall make such records and information available as the Secretary may request. (b) Access to deepwater ports in enforcement proceedings and execution of official duties; inspections and tests; notification of results All United States officials, including those officials responsible for the implementation and enforcement of United States laws applicable to a deepwater port, shall at all times be afforded reasonable access to a deepwater port licensed under this chapter for the purpose of enforcing laws under their jurisdiction or otherwise carrying out their responsibilities. Each such official may inspect, at reasonable times, records, files, papers, processes, controls, and facilities and may test any feature of a deep water port. Each inspection shall be conducted with reasonable promptness, and such licensee shall be notified of the results of such inspection. ( Pub. L. 93627,  13 Jan. 3, 1975 88 Stat. 2139  Editorial Notes  References in Text The Interstate Commerce Act, referred to in subsec. (a), is act Feb. 4, 1887, ch. 104 24 Stat. 379 Oct. 17, 1978 92 Stat. 1467  1513. Public access to information (a) Inspection of copies; reproduction costs; protected information Copies of any communication, document, report, or information transmitted between any official of the Federal Government and any person concerning a deepwater port (other than contracts referred to in section 1504(c)(2)(B) of this title section 552 of title 5 (b) Information disclosure prohibition; confidentiality of certain disclosures The Secretary shall not disclose information obtained by him under this chapter that concerns or relates to a trade secret, referred to in section 1905 of title 18 section 1504(c)(2)(B) of this title (1) to other Federal and adjacent coastal State government departments and agencies for official use, upon request; (2) to any committee of Congress having jurisdiction over the subject matter to which the information relates, upon request; (3) to any person in any judicial proceeding, under a court order formulated to preserve such confidentiality without impairing the proceedings; and (4) to the public in order to protect health and safety, after notice and opportunity for comment in writing or for discussion in closed session within fifteen days by the party to which the information pertains (if the delay resulting from such notice and opportunity for comment would not be detrimental to the public health and safety). ( Pub. L. 93627,  14 Jan. 3, 1975 88 Stat. 2139  1514. Remedies (a) Criminal penalties Any person who willfully violates any provision of this chapter or any rule, order, or regulation issued pursuant thereto commits a class A misdemeanor for each day of violation. (b) Orders of compliance; Attorney Generals civil action; jurisdiction and venue (1) Whenever on the basis of any information available to him the Secretary finds that any person is in violation of any provision of this chapter or any rule, regulation, order, license, or condition thereof, or other requirements under this chapter, he shall issue an order requiring such person to comply with such provision or requirement, or he shall bring a civil action in accordance with paragraph (3) of this subsection. (2) Any order issued under this subsection shall state with reasonable specificity the nature of the violation and a time for compliance, not to exceed thirty days, which the Secretary determines is reasonable, taking into account the seriousness of the violation and any good faith efforts to comply with applicable requirements. (3) Upon a request by the Secretary, the Attorney General shall commence a civil action for appropriate relief, including a permanent or temporary injunction or a civil penalty not to exceed $25,000 per day of such violation, for any violation for which the Secretary is authorized to issue a compliance order under paragraph (1) of this subsection. Any action under this subsection may be brought in the district court of the United States for the district in which the defendant is located or resides, or is doing business, and such court shall have jurisdiction to restrain such violation, require compliance, or impose such penalty. (c) Attorney Generals action for equitable relief; scope of relief Upon a request by the Secretary, the Attorney General shall bring an action in an appropriate district court of the United States for equitable relief to redress a violation by any person of any provision of this chapter, any regulation under this chapter, or any license condition. The district courts of the United States shall have jurisdiction to grant such relief as is necessary or appropriate, including mandatory or prohibitive injunctive relief, interim equitable relief, compensatory damages, and punitive damages. (d) Vessels; liability in rem; exempt vessels; consent or privy of owners or bareboat charterers Any vessel, except a public vessel engaged in noncommercial activities, used in a violation of this chapter or of any rule or regulation issued pursuant to this chapter, shall be liable in rem for any civil penalty assessed or criminal fine imposed and may be proceeded against in any district court of the United States having jurisdiction thereof; but no vessel shall be liable unless it shall appear that one or more of the owners, or bareboat charterers, was at the time of the violation, a consenting party or privy to such violation. ( Pub. L. 93627,  15 Jan. 3, 1975 88 Stat. 2140 Pub. L. 101380, title IV,  4302(m) Aug. 18, 1990 104 Stat. 539  Editorial Notes Amendments 1990Subsec. (a). Pub. L. 101380 Statutory Notes and Related Subsidiaries Effective Date of 1990 Amendment Amendment by Pub. L. 101380 Aug. 18, 1990 section 1020 of Pub. L. 101380 section 2701 of this title Deposit of Certain Penalties Into Oil Spill Liability Trust Fund Penalties paid pursuant to this chapter and sections 1319(c) and 1321 of this title to be deposited in the Oil Spill Liability Trust Fund created under section 9509 of Title 26 section 4304 of Pub. L. 101380 section 9509 of Title 26  1515. Citizen civil action (a) Equitable relief; case or controversy; district court jurisdiction Except as provided in subsection (b) of this section, any person may commence a civil action for equitable relief on his own behalf, whenever such action constitutes a case or controversy (1) against any person (including (A) the United States, and (B) any other governmental instrumentality or agency to the extent permitted by the eleventh amendment to the Constitution) who is alleged to be in violation of any provision of this chapter or any condition of a license issued pursuant to this chapter; or (2) against the Secretary where there is alleged a failure of the Secretary to perform any act or duty under this chapter which is not discretionary with the Secretary. Any action brought against the Secretary under this paragraph shall be brought in the district court for the District of Columbia or the district of the appropriate adjacent coastal State. In suits brought under this chapter, the district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce any provision of this chapter or any condition of a license issued pursuant to this chapter, or to order the Secretary to perform such act or duty, as the case may be. (b) Notice; intervention of right by person No civil action may be commenced (1) under subsection (a)(1) of this section (A) prior to 60 days after the plaintiff has given notice of the violation (i) to the Secretary and (ii) to any alleged violator; or (B) if the Secretary or the Attorney General has commenced and is diligently prosecuting a civil or criminal action with respect to such matters in a court of the United States, but in any such action any person may intervene as a matter of right; or (2) under subsection (a)(2) of this section prior to 60 days after the plaintiff has given notice of such action to the Secretary. Notice under this subsection shall be given in such a manner as the Secretary shall prescribe by regulation. (c) Intervention of right by Secretary or Attorney General In any action under this section, the Secretary or the Attorney General, if not a party, may intervene as a matter of right. (d) Costs of litigation; attorney and witness fees The Court, in issuing any final order in any action brought pursuant to subsection (a) of this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party whenever the court determines that such an award is appropriate. (e) Statutory or common law rights unaffected Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement or to seek any other relief. ( Pub. L. 93627,  16 Jan. 3, 1975 88 Stat. 2140  1516. Judicial review; persons aggrieved; jurisdiction of courts of appeal Any person suffering legal wrong, or who is adversely affected or aggrieved by the Secretarys decision to issue, transfer, modify, renew, suspend, or revoke a license may, not later than 60 days after any such decision is made, seek judicial review of such decision in the United States Court of Appeals for the circuit within which the nearest adjacent coastal State is located. A person shall be deemed to be aggrieved by the Secretarys decision within the meaning of this chapter if he (A) has participated in the administrative proceedings before the Secretary (or if he did not so participate, he can show that his failure to do so was caused by the Secretarys failure to provide the required notice); and (B) is adversely affected by the Secretarys action. ( Pub. L. 93627,  17 Jan. 3, 1975 88 Stat. 2141  1517. Repealed. Pub. L. 101380, title II,  2003(a)(2) Aug. 18, 1990 104 Stat. 507   Section, Pub. L. 93627,  18 Jan. 3, 1975 88 Stat. 2141 Pub. L. 98419,  4(a) Sept. 25, 1984 98 Stat. 1608 Statutory Notes and Related Subsidiaries Deepwater Port Liability Fund Amounts remaining in Deepwater Port Liability Fund established under former subsec. (f) of this section to be deposited in Oil Spill Liability Trust Fund established under section 9509 of Title 26 section 2003(b) of Pub. L. 101380 section 9509 of Title 26 Effective Date of Repeal Repeal applicable to incidents occurring after Aug. 18, 1990 section 1020 of Pub. L. 101380 section 2701 of this title  1517a. Omitted  Editorial Notes Codification Section, Pub. L. 101164, title I Nov. 21, 1989 103 Stat. 1073 Sept. 30, 1990 Similar provisions were contained in the following prior appropriation acts: Pub. L. 100457, title I Sept. 30, 1988 102 Stat. 2128 Pub. L. 100202,  101 l Dec. 22, 1987 101 Stat. 1329358 Pub. L. 99500,  101 l Oct. 18, 1986 100 Stat. 1783308 Pub. L. 99591,  101 l Oct. 30, 1986 100 Stat. 3341308 Pub. L. 99190,  101(e) [title I] Dec. 19, 1985 99 Stat. 1267 Pub. L. 98473, title I,  101(i) [title I] Oct. 12, 1984 98 Stat. 1944 Pub. L. 9878, title I Aug. 15, 1983 97 Stat. 455 Pub. L. 97369, title I Dec. 18, 1982 95 Stat. 1767 Pub. L. 97102, title I Dec. 23, 1981 95 Stat. 1444 Pub. L. 9712, title I June 5, 1981 95 Stat. 67  1518. Relationship to other laws (a) Federal Constitution, laws, and treaties applicable; other Federal requirements applicable; status of deepwater port; Federal or State authorities and responsibilities within territorial seas unaffected; notification by Secretary of State of intent to exercise jurisdiction; objections by foreign governments (1) The Constitution, laws, and treaties of the United States shall apply to a deepwater port licensed under this chapter and to activities connected, associated, or potentially interfering with the use or operation of any such port, in the same manner as if such port were an area of exclusive Federal jurisdiction located within a State. Nothing in this chapter shall be construed to relieve, exempt, or immunize any person from any other requirement imposed by Federal law, regulation, or treaty. Deepwater ports licensed under this chapter do not possess the status of islands and have no territorial seas of their own. (2) Except as otherwise provided by this chapter, nothing in this chapter shall in any way alter the responsibilities and authorities of a State or the United States within the territorial seas of the United States. (3) The Secretary of State shall notify the government of each foreign state having vessels registered under its authority or flying its flag which may call at or otherwise utilize a deepwater port but which do not currently have an agreement in effect as provided in subsection (c)(2)(A)(i) of this section that the United States intends to exercise jurisdiction over vessels calling at or otherwise utilizing a deepwater port and the persons on board such vessels. The Secretary of State shall notify the government of each such state that, absent its objection, its vessels will be subject to the jurisdiction of the United States whenever they (A) are calling at or otherwise utilizing a deepwater port; and (B) are within the safety zone of such a deepwater port and are engaged in activities connected, associated, or potentially interfering with the use and operation of the deepwater port. The Secretary of State shall promptly inform licensees of deepwater ports of all objections received from governments of foreign states in response to notifications made under this paragraph. (b) Law of nearest adjacent coastal State as applicable Federal law; Federal administration and enforcement of such law; nearest adjacent coastal State defined The law of the nearest adjacent coastal State, now in effect or hereafter adopted, amended, or repealed, is declared to be the law of the United States, and shall apply to any deepwater port licensed pursuant to this chapter, to the extent applicable and not inconsistent with any provision or regulation under this chapter or other Federal laws and regulations now in effect or hereafter adopted, amended, or repealed. All such applicable laws shall be administered and enforced by the appropriate officers and courts of the United States. For purposes of this subsection, the nearest adjacent coastal State shall be that State whose seaward boundaries, if extended beyond 3 miles, would encompass the site of the deepwater port. (c) Vessels of United States and foreign states subject to Federal jurisdiction; objections to jurisdiction; designation of agent for service of process; duty of licensee (1) The jurisdiction of the United States shall apply to vessels of the United States and persons on board such vessels. The jurisdiction of the United States shall also apply to vessels, and persons on board such vessels, registered in or flying the flags of foreign states, whenever such vessels are (A) calling at or otherwise utilizing a deepwater port; and (B) are within the safety zone of such a deepwater port, and are engaged in activities connected, associated, or potentially interfering with the use and operation of the deepwater port. The jurisdiction of the United States under this paragraph shall not, however, apply to vessels registered in or flying the flag of any foreign state that has objected to the application of such jurisdiction. (2) Except in a situation involving force majeure, a licensee shall not permit a vessel registered in or flying the flag of a foreign state to call at or otherwise utilize a deepwater port licensed under this chapter unless (A) (i) the foreign state involved, by specific agreement with the United States, has agreed to recognize the jurisdiction of the United States over the vessels registered in or flying the flag of that state and persons on board such vessels in accordance with the provisions of paragraph (1) of this subsection, while the vessel is located within the safety zone, or (ii) the foreign state has not objected to the application of the jurisdiction of the United States to any vessel, or persons on board such vessel, while the vessel is located within the safety zone; and (B) the vessel owner or operator has designated an agent in the United States for receipt of service of process in the event of any claim or legal proceeding resulting from activities of the vessel or its personnel while located within such a safety zone. (3) For purposes of paragraph (2)(A)(ii) of this subsection, a licensee shall not be obliged to prohibit a call at or use of a deepwater port by a vessel registered in or flying the flag of an objecting state unless the licensee has been informed by the Secretary of State as required by subsection (a)(3) of this section. (d) Customs laws inapplicable to deepwater port; duties and taxes on foreign articles imported into customs territory of United States The customs laws administered by the Secretary of the Treasury shall not apply to any deepwater port licensed under this chapter, but all foreign articles to be used in the construction of any such deepwater port, including any component thereof, shall first be made subject to all applicable duties and taxes which would be imposed upon or by reason of their importation if they were imported for consumption in the United States. Duties and taxes shall be paid thereon in accordance with laws applicable to merchandise imported into the customs territory of the United States. (e) Federal district courts; original jurisdiction; venue The United States district courts shall have original jurisdiction of cases and controversies arising out of or in connection with the construction and operation of deepwater ports, and proceedings with respect to any such case or controversy may be instituted in the judicial district in which any defendant resides or may be found, or in the judicial district of the adjacent coastal State nearest the place where the cause of action arose. ( Pub. L. 93627,  19(a) Jan. 3, 1975 88 Stat. 2145 Pub. L. 98419,  5(a) Sept. 25, 1984 98 Stat. 1609  Editorial Notes Codification Section 19(f) of Pub. L. 93627 section 1333(a)(2) of Title 43 Amendments 1984Subsec. (a)(3). Pub. L. 98419,  5(a) Subsec. (c)(1). Pub. L. 98419,  5(b) Subsec. (c)(2). Pub. L. 98419,  5(b) Subsec. (c)(3). Pub. L. 98419,  5(b) Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Pub. L. 98419,  5(c) Sept. 25, 1984 98 Stat. 1610 The amendment made by subsection (b) of this section [amending this section] shall be effective on the ninetieth day following the date of enactment of this Act [ Sept. 25, 1984 Sept. 25, 1984  1519. Repealed. Pub. L. 10466, title I,  1121(a) Dec. 21, 1995 109 Stat. 724   Section, Pub. L. 93627,  20 Jan. 3, 1975 88 Stat. 2146  1520. Pipeline safety and operation (a) Standards and regulations for Outer Continental Shelf The Secretary, in cooperation with the Secretary of the Interior, shall establish and enforce such standards and regulations as may be necessary to assure the safe construction and operation of oil or natural gas pipelines on the Outer Continental Shelf. (b) , (c) Omitted ( Pub. L. 93627,  21 Jan. 3, 1975 88 Stat. 2146 Pub. L. 107295, title I,  106(a)(3) Nov. 25, 2002 116 Stat. 2086  Editorial Notes Codification Subsec. (b) directed the Secretary to report to the Congress within 60 days after Jan. 3, 1975 Subsec. (c) directed the Secretary to review all laws and regulations relating to the construction, operation, and maintenance of pipelines on Federal lands and the Outer Continental Shelf and to report to Congress within 6 months after Jan. 3, 1975 Amendments 2002Subsec. (a). Pub. L. 107295  1521. Negotiations with Canada and Mexico; report to Congress The President of the United States is authorized and requested to enter into negotiations with the Governments of Canada and Mexico to determine: (1) the need for intergovernmental understandings, agreements, or treaties to protect the interests of the people of Canada, Mexico, and the United States and of any party or parties involved with the construction or operation of deepwater ports; and (2) the desirability of undertaking joint studies and investigations designed to insure protection of the environment and to eliminate any legal and regulatory uncertainty, to assure that the interests of the people of Canada, Mexico, and the United States are adequately met. The President shall report to the Congress the actions taken, the progress achieved, the areas of disagreement, and the matters about which more information is needed, together with his recommendations for further action. ( Pub. L. 93627,  22 Jan. 3, 1975 88 Stat. 2147  1522. Limitations on export provisions of section 185(u) of title 30  Nothing in this chapter shall be construed to amend, restrict, or otherwise limit the application of section 185(u) of title 30 ( Pub. L. 93627,  23 Jan. 3, 1975 88 Stat. 2147  1523. General procedures; issuance and enforcement of orders; scope of authority; evidentiary matters  The Secretary or his delegate shall have the authority to issue and enforce orders during proceedings brought under this chapter. Such authority shall include the authority to issue subpenas, administer oaths, compel the attendance and testimony of witnesses and the production of books, papers, documents, and other evidence, to take depositions before any designated individual competent to administer oaths, and to examine witnesses. ( Pub. L. 93627,  24 Jan. 3, 1975 88 Stat. 2147  1524. Authorization of appropriations  There is authorized to be appropriated for administration of this chapter, not to exceed $2,500,000 per fiscal year for the fiscal years ending June 30, 1975 June 30, 1976 September 30, 1977 September 30, 1978 September 30, 1979 September 30, 1980 ( Pub. L. 93627,  25 Jan. 3, 1975 88 Stat. 2147 Pub. L. 9536 June 1, 1977 91 Stat. 177  Editorial Notes Amendments 1977 Pub. L. 9536 Sept. 30, 1977 Sept. 30, 1978 Sept. 30, 1979 Sept. 30, 1980 CHAPTER 30 INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA    Sec.  1601. Definitions.  1602. International Regulations.  1603. Vessels subject to International Regulations.  1604. Vessels not subject to International Regulations.  1605. Navy and Coast Guard vessels of special construction or purpose.  1606. Special rules for ships of war, vessels proceeding under convoy, and fishing vessels engaged in fishing as a fleet.  1607. Implementation by rules and regulations; authority to promulgate.  1608. Civil penalties.  1601. Definitions For the purposes of this chapter (1) vessel means every description of watercraft, including nondisplacement craft and seaplanes, used or capable of being used as a means of transportation on water; and (2) high seas means all parts of the sea that are not included in the territorial sea or in the internal waters of any nation. ( Pub. L. 9575,  2 July 27, 1977 91 Stat. 308  Editorial Notes  References in Text This chapter, referred to in opening par., was in the original this Act, meaning Pub. L. 9575 July 27, 1977 91 Stat. 308 section 1051 of this title Statutory Notes and Related Subsidiaries Effective Date of International Regulations; Repeal of Former Regulations Pub. L. 9575,  10 July 27, 1977 91 Stat. 311 Pub. L. 88131 section 1051 of this title July 15, 1977 Jan. 19, 1977 section 1602 of this title References to Former Regulations Pub. L. 9575,  10 July 27, 1977 91 Stat. 311 The reference in any other law to Public Law 88131 section 1051 of this title section 1602 of this title Short Title Pub. L. 9575,  1 July 27, 1977 91 Stat. 308 That this Act [enacting this chapter, repealing sections 1051 to 1094 of this title, enacting provisions set out as notes under this section, and repealing provisions set out as a note under section 1051 of this title  1602. International Regulations (a) Proclamation by President; effective date The President is authorized to proclaim the International Regulations for Preventing Collisions at Sea, 1972 (hereinafter referred to as the International Regulations). The effective date of the International Regulations for the United States shall be specified in the proclamation and shall be the date as near as possible to, but no earlier than, the date on which the Convention on the International Regulations for Preventing Collisions at Sea, 1972 (hereinafter referred to as the Convention), signed at London, England, under date of October 20, 1972 (b) Publication of proclamation in Federal Register The proclamation shall include the International Regulations and shall be published in the Federal Register. On the date specified in the proclamation, the International Regulations shall enter into force for the United States and shall have effect as if enacted by statute. (c) Amendment of International Regulations Subject to the provisions of subsection (d) of this section, the President is also authorized to proclaim any amendment to the International Regulations hereafter adopted in accordance with the provisions of article VI of the Convention, and to which the United States does not object. The effective date of the amendment shall be specified in the proclamation and shall be in accordance with the provisions of the said article VI. The proclamation shall include the adopted amendment and shall be published in the Federal Register. On the date specified in the proclamation, the amendment shall enter into force for the United States as a constituent part of the International Regulations, as amended, and shall have effect as if enacted by statute. (d) Notification to Congress of proposed amendments; Congressional resolution of disapproval (1) Upon receiving a proposed amendment to the International Regulations, communicated to the United States pursuant to clause 3 of article VI of the Convention, the President shall promptly notify the Congress of the proposed amendment. If, within sixty days after receipt of such notification by the Congress, or ten days prior to the date under clause 4 of article VI for registering an objection, whichever comes first, the Congress adopts a resolution of disapproval, such resolution shall be transmitted to the President and shall constitute an objection by the United States to the proposed amendment. If, upon receiving notification of the resolution of disapproval, the President has not already notified the Inter-Governmental Maritime Consultative Organization of an objection to the United States to the proposed amendment, he shall promptly do so. (2) For the purposes of this subsection, resolution of disapproval means a concurrent resolution initiated by either House of the Congress, the matter after the resolving clause of which is to read as follows: That the        (the        concurring) does not favor the proposed amendment to the International Regulations for Preventing Collisions at Sea, 1972, relating to          , and forwarded to the Congress by the President on       ., the first blank space therein to be filled with the name of the resolving House, the second blank space therein to be filled with the name of the concurring House, the third blank space therein to be filled with the subject matter of the proposed amendment, and the fourth blank space therein to be filled with the day, month, and year. (3) Any proposed amendment transmitted to the Congress by the President and any resolution of disapproval pertaining thereto shall be referred, in the House of Representatives, to the Committee on Transportation and Infrastructure, and shall be referred, in the Senate, to the Committee on Commerce, Science, and Transportation. ( Pub. L. 9575,  3 July 27, 1977 91 Stat. 308 Pub. L. 107295, title IV,  408(b)(1) Nov. 25, 2002 116 Stat. 2117  Editorial Notes Prior Provisions The original rules for the prevention of collisions on the water were contained in R.S.  4233, which consisted of 26 rules, R.S.  4412, which authorized the board of supervising inspectors to establish such regulations to be observed by all steam vessels in passing each other, as they should from time to time deem necessary for safety, and provided that copies of such regulations should be furnished to all of such vessels, to be kept posted up in conspicuous places in such vessels, and R.S.  4413, which prescribed a penalty for neglecting or willfully refusing to observe the regulations established pursuant to said section 4412. The rules prescribed by R.S.  4233 were superseded as to navigation on the high seas and in all coast waters of the United States, except such as were otherwise provided for, by the adoption of the Revised International Regulations by act March 3, 1885, ch. 354 23 Stat. 438 act Aug. 19, 1890, ch. 802 26 Stat. 322 Act Aug. 19, 1890, ch. 802,  1 act Aug. 19, 1890, ch. 802 The rules prescribed by R.S.  4233, were further superseded as to navigation on the Great Lakes and their connecting and tributary waters as far east as Montreal by act Feb. 8, 1895, ch. 64 28 Stat. 645 act Feb. 8, 1895, ch. 64 act Feb. 8, 1895, ch. 64 act Feb. 8, 1895, ch. 64 The rules prescribed by R.S.  4233, and by R.S.  4412, 4414, and the regulations pursuant thereto, were required to be followed on the harbors, rivers, and inland waters of the United States, and the provisions of said sections were made special rules, duly made by local authority, relative to the navigation of harbors, rivers, and inland waters, as provided for by article 30 of the act Aug. 19, 1890, ch. 802,  1 act Feb. 19, 1895, ch. 102,  1 28 Stat. 672 act Feb. 19, 1895, ch. 102 act Feb. 19, 1895, ch. 102 act Feb. 19, 1895, ch. 102 act Feb. 8, 1895, ch. 64 The rules prescribed by R.S.  4233, were further superseded as to the navigation of all harbors, rivers, and inland waters of the United States, except the Great Lakes and their connecting and tributary waters as far east as Montreal and the Red River of the North and rivers emptying into the Gulf of Mexico and their tributaries, by act June 7, 1897, ch. 4 30 Stat. 96 act June 7, 1897, ch. 4 act Aug. 19, 1890, ch. 802,  1 act June 7, 1897, ch. 4 act June 7, 1897, ch. 4 act June 7, 1897, ch. 4 act March 3, 1893, ch. 202 27 Stat. 557 act Feb. 19, 1895, ch. 102 act March 3, 1897, ch. 389 29 Stat. 689 This legislation resulted in the following situation: Navigation on the high seas was governed by act Aug. 19, 1890, ch. 802 act Oct. 11, 1951, ch. 495 act June 7, 1897, ch. 4 act Feb. 8, 1895, ch. 64 See also Codification notes to sections 154, 241, and 301 of this title. Regulations for Preventing Collisions at Sea, 1948, approved by the International Conference on Safety of Life at Sea, 1948, covering substantially the same subject matter included under these rules, were set out as sections 143 to 147d of this title. Regulations for Preventing Collisions at Sea, 1960, approved by the International Conference on the Safety of Life at Sea, 1960, covering substantially the same subject matter included under these rules, were set out as sections 1051 to 1094 of this title. Amendments 2002Subsec. (d)(3). Pub. L. 107295 Statutory Notes and Related Subsidiaries International Convention for Safety of Life at Sea, 1948 The convention, known as the International Convention for Safety of Life at Sea, was signed at London on June 10, 1948 April 20, 1949 Sept. 26, 1951 Oct. 11, 1951 International Convention for the Safety of Life at Sea, 1960 The convention, known as the International Convention for the Safety of Life at Sea, was signed at London on June 17, 1960 May 26, 1965 Aug. 30, 1963 section 4 of Pub. L. 88131 Sept. 24, 1963 77 Stat. 194 International Regulations for Preventing Collisions at Sea, 1972 The Convention on the International Regulations for Preventing Collisions at Sea, 1972, was proclaimed by the President on Jan. 19, 1977 July 15, 1977 Mar. 31, 1977 Apr. 7, 1977 Apr. 21, 1977 Executive Documents  Ex. Ord. No. 11964. Implementation of Convention on the International Regulations for Preventing Collisions at Sea, 1972 Ex. Ord. No. 11964, Jan. 19, 1977 By virtue of the authority vested in me by the Constitution and statutes of the United States of America, including Section 301 of Title 3 July 15, 1977 Section (b) With respect to vessels for which a certification is issued, the Secretary issuing the certification shall certify as to such other provisions which are the closest possible compliance by that vessel with the International Regulations. (c) Notice of any certification issued shall be published in the Federal Register. Sec Federal Register. Sec July 15, 1977 Federal Register. Sec Federal Register Federal Register  Gerald R. Ford.  Ex. Ord. No. 12234. Enforcement of Convention for the Safety of Life at Sea, 1974 Ex. Ord. No. 12234, Sept. 3, 1980 By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to implement the International Convention for the Safety of Life at Sea, 1974, it is hereby ordered as follows: 1101. The International Convention for the Safety of Life at Sea, 1974, signed at London on November 1, 1974 January 28, 1980 May 25, 1980 1102. The Secretary of State, the Secretary of the Department in which the Coast Guard is operating, the Secretary of Commerce, and the Federal Communications Commission shall (a) perform those functions prescribed in the Convention that are within their respective areas of responsibility, and (b) cooperate and assist each other in carrying out those functions. 1103. (a) The Secretary of the Department in which the Coast Guard is operating, or the head of any other Executive agency authorized by law, shall be responsible for the issuance of certificates as required by the Convention. (b) If a certificate is to include matter that pertains to functions vested by law in another Executive agency, the issuing agency shall first ascertain from the other Executive agency the decision regarding that matter. The decision of that agency shall be final and binding on the issuing agency. 1104. The Secretary of the Department in which the Coast Guard is operating may use the services of the American Bureau of Shipping as long as that Bureau is operated in compliance with Section 25 of the Act of June 5, 1920 46 U.S.C. 881 1105. The Secretary of the Department in which the Coast Guard is operating shall promulgate regulations necessary to implement the provisions of the Convention. 1106. To the extent that the International Convention for the Safety of Life at Sea, 1974, replaces and abrogates the International Convention for the Safety of Life at Sea, 1960 (TIAS 5780), this Order supersedes Executive Order No. 11239 of July 31, 1965 1107. Executive Order No. 10402 of October 30, 1952  Jimmy Carter.  1603. Vessels subject to International Regulations Except as provided in section 1604 of this title section 1605 of this title section 1602 of this title (1) all vessels, public and private, subject to the jurisdiction of the United States, while upon the high seas or in waters connected therewith navigable by seagoing vessels, and (2) all other vessels when on waters subject to the jurisdiction of the United States. ( Pub. L. 9575,  4 July 27, 1977 91 Stat. 309  1604. Vessels not subject to International Regulations (a) The International Regulations do not apply to vessels while in the waters of the United States shoreward of the navigational demarcation lines dividing the high seas from harbors, rivers, and other inland waters of the United States. (b) Whenever a vessel subject to the jurisdiction of the United States is in the territorial waters of a foreign state the International Regulations shall be applicable to, and shall be complied with by, that vessel to the extent that the laws and regulations of the foreign state are not in conflict therewith. ( Pub. L. 9575,  5 July 27, 1977 91 Stat. 309 Pub. L. 96591,  6(1) Dec. 24, 1980 94 Stat. 3434  Editorial Notes Amendments 1980Subsec. (a). Pub. L. 96591 section 154 of this title section 241 of this title section 301 of this title Statutory Notes and Related Subsidiaries Effective Date of 1980 Amendment Pub. L. 96591,  7 Dec. 24, 1980 94 Stat. 3435 Sections 2, 4, 6(1), and 8(a) [enacting section 2072 and former sections 2001 to 2038 of this title, amending this section, and repealing sections 154 to 159, 171 to 183, 191, 192, 201 to 213, 221, 222, 231, 232, 301 to 303, 311 to 323, 331, 341 to 356, 360, and 360a of this title and sections 526b, 526c, and 526d of former Title 46, Shipping] are effective 12 months after the date of enactment of this Act [ Dec. 24, 1980 Mar. 1, 1983 Apr. 8, 1982 section 2073 of this title October 1, 1981  1605. Navy and Coast Guard vessels of special construction or purpose (a) Certification for alternative compliance Any requirement of the International Regulations with respect to the number, position, range, or arc of visibility of lights, with respect to shapes, or with respect to the disposition and characteristics of sound-signaling appliances, shall not be applicable to a vessel of special construction or purpose, whenever the Secretary of the Navy, for any vessel of the Navy, or the Secretary of the department in which the Coast Guard is operating, for any other vessel of the United States, shall certify that the vessel cannot comply fully with that requirement without interfering with the special function of the vessel. (b) Closest possible compliance by vessels covered by certification for alternative compliance Whenever a certification is issued under the authority of subsection (a) of this section, the vessel involved shall comply with the requirement as to which the certification is made to the extent that the Secretary issuing the certification shall certify as the closest possible compliance by that vessel. (c) Publication of certifications in Federal Register Notice of the certifications issued pursuant to subsections (a) and (b) of this section shall be published in the Federal Register. (d) Issuance of certification for a class of vessels A certification authorized by this section may be issued for a class of vessels. ( Pub. L. 9575,  6 July 27, 1977 91 Stat. 309 Pub. L. 96591,  6(2) Dec. 24, 1980 94 Stat. 3434  Editorial Notes Amendments 1980Subsec. (d). Pub. L. 96591 Statutory Notes and Related Subsidiaries  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 section 542 of Title 6  1606. Special rules for ships of war, vessels proceeding under convoy, and fishing vessels engaged in fishing as a fleet (a) The Secretary of the Navy is authorized to promulgate special rules with respect to additional station or signal lights or whistle signals for ships of war or vessels proceeding under convoy, and the Secretary of the department in which the Coast Guard is operating is authorized to promulgate special rules with respect to additional station or signal lights for fishing vessels engaged in fishing as a fleet. (b) The additional station or signal lights or whistle signals contained in the special rules authorized under subsection (a) of this section shall be, as far as possible, such that they cannot be mistaken for any light or signal authorized by the International Regulations. Notice of such special rules shall be published in the Federal Register and, after the effective date specified in such notice, they shall have effect as if they were a part of the International Regulations. ( Pub. L. 9575,  7 July 27, 1977 91 Stat. 310  Statutory Notes and Related Subsidiaries  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 section 542 of Title 6  1607. Implementation by rules and regulations; authority to promulgate  The Secretary of the department in which the Coast Guard is operating is authorized to promulgate such reasonable rules and regulations as are necessary to implement the provisions of this chapter and the International Regulations proclaimed hereunder. ( Pub. L. 9575,  8 July 27, 1977 91 Stat. 310  Statutory Notes and Related Subsidiaries  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 section 542 of Title 6  1608. Civil penalties (a) Liability of vessel operator for violations Whoever operates a vessel, subject to the provisions of this chapter, in violation of this chapter or of any regulation promulgated pursuant to section 1607 of this title (b) Liability of vessel for violations; seizure of vessel Every vessel subject to the provisions of this chapter, other than a public vessel being used for noncommercial purposes, which is operated in violation of this chapter or of any regulation promulgated pursuant to section 1607 of this title (c) Assessment of penalties; notice; opportunity for hearing; remission, mitigation, and compromise of penalty; action for collection The Secretary of the department in which the Coast Guard is operating may assess any civil penalty authorized by this section. No such penalty may be assessed until the person charged, or the owner of the vessel charged, as appropriate, shall have been given notice of the violation involved and an opportunity for a hearing. For good cause shown, the Secretary may remit, mitigate, or compromise any penalty assessed. Upon the failure of the person charged, or the owner of the vessel charged, to pay an assessed penalty, as it may have been mitigated or compromised, the Secretary may request the Attorney General to commence an action in the appropriate district court of the United States for collection of the penalty as assessed, without regard to the amount involved, together with such other relief as may be appropriate. ( Pub. L. 9575,  9 July 27, 1977 91 Stat. 310 Pub. L. 96591,  6(3) Dec. 24, 1980 94 Stat. 3435  Editorial Notes Amendments 1980Subsec. (a). Pub. L. 96591,  6(3) Subsec. (b). Pub. L. 96591,  6(4) Statutory Notes and Related Subsidiaries  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 section 542 of Title 6 CHAPTER 31 OCEAN POLLUTION RESEARCH AND DEVELOPMENT AND MONITORING PLANNING  1701 to 1709. Repealed. Pub. L. 102567, title II,  204 Oct. 29, 1992 106 Stat. 4282   Section 1701, Pub. L. 95273,  2 May 8, 1978 92 Stat. 228 Pub. L. 99272, title VI,  6071 Apr. 7, 1986 100 Stat. 133  Section 1702, Pub. L. 95273,  3 May 8, 1978 92 Stat. 228 Pub. L. 99272, title VI,  6072(1) Apr. 7, 1986 100 Stat. 133 Pub. L. 100636,  1(1) Nov. 8, 1988 102 Stat. 3324  Section 1702a, Pub. L. 95273,  3A Pub. L. 99272, title VI,  6072(2) Apr. 7, 1986 100 Stat. 133 Pub. L. 100636,  1(5) Nov. 8, 1988 102 Stat. 3324  Section 1703, Pub. L. 95273,  4 May 8, 1978 92 Stat. 229 Pub. L. 96255,  2 May 30, 1980 94 Stat. 420 Pub. L. 97375, title II,  202(c) Dec. 21, 1982 96 Stat. 1822 Pub. L. 99272, title VI,  6073 Apr. 7, 1986 100 Stat. 134 Pub. L. 100636,  1(5) Nov. 8, 1988 102 Stat. 3324  Section 1704, Pub. L. 95273,  5 May 8, 1978 92 Stat. 230 Pub. L. 100636,  1(5) Nov. 8, 1988 102 Stat. 3324  Section 1705, Pub. L. 95273,  6 May 8, 1978 92 Stat. 231 Pub. L. 100636,  1(5) Nov. 8, 1988 102 Stat. 3324  Section 1706, Pub. L. 95273,  7 May 8, 1978 92 Stat. 232 Pub. L. 100636,  1(5) Nov. 8, 1988 102 Stat. 3324  Section 1707, Pub. L. 95273,  8 May 8, 1978 92 Stat. 232 Pub. L. 99272, title VI,  6074 Apr. 7, 1986 100 Stat. 135 Pub. L. 100636,  1(5) Nov. 8, 1988 102 Stat. 3324  Section 1708, Pub. L. 95273,  9 May 8, 1978 92 Stat. 232  Section 1709, Pub. L. 95273,  10 May 8, 1978 92 Stat. 232 Pub. L. 9617 June 4, 1979 93 Stat. 34 Pub. L. 96255,  1 May 30, 1980 94 Stat. 420 Pub. L. 99272, title VI,  6075 Apr. 7, 1986 100 Stat. 135 Pub. L. 100636,  1(8) Nov. 8, 1988 102 Stat. 3324 Statutory Notes and Related Subsidiaries Short Title Pub. L. 95273,  1 May 8, 1978 92 Stat. 228 Pub. L. 96255,  3 May 30, 1980 94 Stat. 420 Pub. L. 102567, title II,  204 Oct. 29, 1992 106 Stat. 4282 CHAPTER 32 INLAND WATERWAYS TRUST FUND    Sec.  1801 1802. Repealed.  1803. Study with respect to inland waterway user taxes and charges.  1804. Inland and intracoastal waterways of the United States.  1801, 1802. Repealed. Pub. L. 99662, title XIV,  1405(b) Nov. 17, 1986 100 Stat. 4271   Section 1801, Pub. L. 95502, title II,  203 Oct. 21, 1978 92 Stat. 1697 section 9506 of Title 26  Section 1802, Pub. L. 95502, title II,  204 Oct. 21, 1978 92 Stat. 1698 section 9506 of Title 26 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Jan. 1, 1987 section 1405(d)(1) of Pub. L. 99662 section 9506 of Title 26  1803. Study with respect to inland waterway user taxes and charges (a) Study directed The Secretary of Transportation, and the Secretary of Commerce, in consultation with the Secretary of the Treasury, the Secretary of Agriculture, the Secretary of Energy, the Attorney General of the United States, the Secretary of the Army, the Chairman of the Water Resources Council, and the Director of the Office of Management and Budget, shall (1) make a full and complete study with respect to inland waterway user taxes and charges, and (2) make findings and policy recommendations with respect thereto. Such study shall include (but shall not be limited to) a consideration of the matters listed in subsections (b), (c), (d), (e), and (f) of this section. (b) Considerations relating to the taxing mechanism (1) The extent to which the Federal Government should seek to recover some or all of Federal expenditures for the benefit of inland waterway transportation from the users of the facilities for which such expenditures are made. (2) The various forms of inland waterway user taxes and charges which could be established. (3) The various methods of collecting inland waterway user taxes and charges, and the administrative costs of such taxes and charges. (4) The classes and categories of users and other persons on whom inland waterway user taxes and charges should be imposed. (5) The waterways of the United States (including the Great Lakes, deep draft channels, and coastal ports) which should be included in any system of user taxes and charges, together with the economic effects of such taxes and charges. (6) The use of revenues derived from inland waterway user taxes and charges, including consideration of changes in, or alternatives to, the Trust Fund mechanism. (c) Considerations relating to economic effects The economic effects of waterway user taxes and charges on (1) Carriers and users On (A) carriers and shippers using the inland waterways, and (B) users (including ultimate consumers) of commodities which are transported on the inland waterways. (2) Regions, etc. On (A) existing investment in industrial plants, agricultural interests, and commercial enterprises, and on related employment, in regions of the country served by inland water transportation directly or in combination with other modes, and (B) future economic growth prospects in such regions, including anticipated shifts of industry and employment to other areas together with an evaluation of effects on regional economies and their development, including consistency with Federal policies as set forth in other legislation. (3) Small business and industrial concentration and competition On (A) small business enterprise, and (B) industrial concentration and competition, both within the transportation industry and in any line of commerce (within the meaning of the antitrust laws). (4) Competitors On the freight rates charged by other modes of transportation and the extent of short-term and long-term diversion of traffic from the inland waterways to such other modes. In considering such diversion of traffic, there shall also be considered the effects of such diversion on (A) the development of alternative sources of supply and on alternative modes of transportation and alternative routing to market, (B) the comparative safety of the handling and transportation of hazardous materials, and (C) the comparative energy efficiency of the modes and routes of the transportation involved. (5) Prices On prices of commodities shipped by inland waterways and by competing modes, including the costs of energy materials and the effects on electric power rates. (6) Balance of payments On the balance of payments of the United States based on our international trade. (d) Considerations relating to economic feasibility of waterway improvement projects; level of benefits from waterway expenditures (1) The effects of inland waterway user taxes and charges on the economic feasibility of inland waterway improvement projects. (2) The comparative levels of benefits received from Federal expenditures on inland waterways for (A) commercial uses, and (B) other uses, including (but not limited to) recreation, reclamation, water supply, low-flow augmentation, fish and wildlife enhancement, hydroelectric power, flood control, and irrigation uses. (e) Considerations relating to Federal assistance (1) The extent of past, present, and expected future Federal assistance to the several modes of freight transportation. Such consideration shall include an evaluation and comparison of the public benefits resulting from such assistance to each of the several transportation modes in terms of adequacy, efficiency, and economy of service, safety, technological progress, and energy conservation. The Federal assistance considered under this paragraph shall include all forms of such assistance, such as tax advantages, direct grants, rate adjustments for improvement purposes, assumption of pension fund liabilities, loans, guarantees, capital participation, revenues from land grants, and provision of right-of-way operation, maintenance, and improvement. (2) The competitive effects of past, present, and expected future Federal expenditures on inland waterways on competitive modes of transportation. (3) The need for Federal assistance to agricultural, industrial, and other interests affected by inland waterway user taxes and charges. (f) Considerations relating to policy and future development The effects of inland waterway user taxes and charges on (1) The achievement of the objectives of the National Transportation Policy as set forth in sections 10101 and 13101 of title 49. (2) The expansion and improvement of the inland waterways determined to be necessary by the Secretary of the Army under section 158 of the Water Resources Development Act of 1976 ( Public Law 94587 (3) The requirements of the Nation through the year 2000 for transportation service, the portion thereof which should be provided by inland waterway carriers, and an estimate of the expansion and improvement of inland waterway capacity necessary to meet such requirements. (g) Inland waterway user taxes and charges defined For purposes of this section, the term inland waterway user taxes and charges means taxes imposed on the use of the inland and intracoastal waterways of the United States and all alternatives to such taxes. (h) Report Not later than September 30, 1981 (i) Authorization of appropriations There are hereby authorized to be appropriated from time to time to the Secretary of Transportation such sums, not to exceed $8,000,000 in the aggregate, as may be necessary to carry out the study required by this section. ( Pub. L. 95502, title II,  205 Oct. 21, 1978 92 Stat. 1698 Pub. L. 10488, title III,  338 Dec. 29, 1995 109 Stat. 954  Editorial Notes Codification Section 158 of the Water Resources Development Act of 1976 ( Public Law 94587 section 158 of Pub. L. 94587 Oct. 22, 1976 90 Stat. 2933 section 540 of this title Amendments 1995Subsec. (f)(1). Pub. L. 10488 Statutory Notes and Related Subsidiaries Effective Date of 1995 Amendment Amendment by Pub. L. 10488 Jan. 1, 1996 section 2 of Pub. L. 10488 section 1301 of Title 49 Short Title For short title of title II of Pub. L. 95502 section 201 of Pub. L. 95502 section 1 of Title 26  1804. Inland and intracoastal waterways of the United States For purposes of section 4042 of title 26 1 1 (1) Alabama-Coosa Rivers: From junction with the Tombigbee River at river mile (hereinafter referred to as RM) 0 to junction with Coosa River at RM 314. (2) Allegheny River: From confluence with the Monongahela River to form the Ohio River at RM 0 to the head of the existing project at East Brady, Pennsylvania, RM 72. (3) Apalachicola-Chattahoochee and Flint Rivers: Apalachicola River from mouth at Apalachicola Bay (intersection with the Gulf Intracoastal Waterway) RM 0 to junction with Chattachoochee 2 2 2 (4) Arkansas River (McClellan-Kerr Arkansas River Navigation System): From junction with Mississippi River at RM 0 to port of Catoosa, Oklahoma, at RM 448.2. (5) Atchafalaya River: From RM 0 at its intersection with the Gulf Intracoastal Waterway at Morgan City, Louisiana, upstream to junction with Red River at RM 116.8. (6) Atlantic Intracoastal Waterway: Two inland water routes approximately paralleling the Atlantic coast between Norfolk, Virginia, and Miami, Florida, for 1,192 miles via both the Albermarle 3 3 (7) Black Warrior-Tombigbee-Mobile Rivers: Black Warrior River System from RM 2.9, Mobile River (at Chickasaw Creek) to confluence with Tombigbee River at RM 45. Tombigbee River (to Demopolis at RM 215.4) to port of Birmingham, RMs 374411 and upstream to head of navigation on Mulberry Fork (RM 429.6), Locust Fork (RM 407.8), and Sipsey Fork (RM 430.4). (8) Columbia River (Columbia-Snake Rivers Inland Waterways): From The Dalles at RM 191.5 to Pasco, Washington (McNary Pool), at RM 330, Snake River from RM 0 at the mouth to RM 231.5 at Johnson Bar Landing, Idaho. (9) Cumberland River: Junction with Ohio River at RM 0 to head of navigation, upstream to Carthage, Tennessee, at RM 313.5. (10) Green and Barren Rivers: Green River from junction with the Ohio River at RM 0 to head of navigation at RM 149.1. (11) Gulf Intracoastal Waterway: From St. Marks River, Florida, to Brownsville, Texas, 1,134.5 miles. (12) Illinois Waterway (Calumet-Sag Channel): From the junction of the Illinois River with the Mississippi River RM 0 to Chicago Harbor at Lake Michigan, approximately RM 350. (13) Kanawha River: From junction with Ohio River at RM 0 to RM 90.6 at Deepwater, West Virginia. (14) Kaskaskia River: From junction with the Mississippi River at RM 0 to RM 36.2 at Fayetteville, Illinois. (15) Kentucky River: From junction with Ohio River at RM 0 to confluence of Middle and North Forks at RM 258.6. (16) Lower Mississippi River: From Baton Rouge, Louisiana, RM 233.9 to Cairo, Illinois, RM 953.8. (17) Upper Mississippi River: From Cairo, Illinois, RM 953.8 to Minneapolis, Minnesota, RM 1,811.4. (18) Missouri River: From junction with Mississippi River at RM 0 to Sioux City, Iowa, at RM 734.8. (19) Monongahela River: From junction with Allegheny River to form the Ohio River at RM 0 to junction of the Tygart and West Fork Rivers, Fairmont, West Virginia, at RM 128.7. (20) Ohio River: From junction with the Mississippi River at RM 0 to junction of the Allegheny and Monongahela Rivers at Pittsburgh, Pennsylvania, at RM 981. (21) Ouachita-Black Rivers: From the mouth of the Black River at its junction with the Red River at RM 0 to RM 351 at Camden, Arkansas. (22) Pearl River: From junction of West Pearl River with the Rigolets at RM 0 to Bogalusa, Louisiana, RM 58. (23) Red River: From RM 0 to the mouth of Cypress Bayou at RM 236. (24) Tennessee River: From junction with Ohio River at RM 0 to confluence with Holstein and French Rivers at RM 652. (25) White River: From RM 9.8 to RM 255 at Newport, Arkansas. (26) Willamette River: From RM 21 upstream of Portland, Oregon, to Harrisburg, Oregon, at RM 194. (27) Tennessee-Tombigbee Waterway: From its confluence with the Tennessee River to the Warrior River at Demopolis, Alabama. ( Pub. L. 95502, title II,  206 Oct. 21, 1978 92 Stat. 1700 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095 Pub. L. 99662, title XIV,  1404(b) Nov. 17, 1986 100 Stat. 4270  Editorial Notes  References in Text Section 1802 of this title Pub. L. 99662, title XIV,  1405(b) Nov. 17, 1986 100 Stat. 4271 Amendments 1986 Pub. L. 99514 Par. (27). Pub. L. 99662 Statutory Notes and Related Subsidiaries Effective Date of 1986 Amendment Amendment by Pub. L. 99662 Jan. 1, 1987 section 1404(c) of Pub. L. 99662 section 4042 of Title 26 CHAPTER 33 PREVENTION OF POLLUTION FROM SHIPS    Sec.  1901. Definitions.  1902. Ships subject to preventive measures.  1902a. Repealed.  1903. Administration and enforcement.  1904. Certificates.  1905. Pollution reception facilities.  1906. Incidents involving ships.  1907. Violations.  1908. Penalties for violations.  1909. MARPOL Protocol; proposed amendments.  1910. Legal actions.  1911. Effect on other laws.  1912. International law.  1913. Compliance reports.  1914. Transferred.  1915. Repealed.  1901. Definitions (a) Unless the context indicates otherwise, as used in this chapter (1) Administrator means the Administrator of the Environmental Protection Agency; (2) Antarctica means the area south of 60 degrees south latitude; (3) Antarctic Protocol means the Protocol on Environmental Protection to the Antarctic Treaty, signed October 4, 1991 (4) MARPOL Protocol means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973, and includes the Convention; (5) Convention means the International Convention for the Prevention of Pollution from Ships, 1973, including Protocols I and II and Annexes I, II, V, and VI thereto, including any modification or amendments to the Convention, Protocols, or Annexes which have entered into force for the United States; (6) discharge, emission, garbage, harmful substance, and incident shall have the meanings provided in the Convention; (7) navigable waters includes the territorial sea of the United States (as defined in Presidential Proclamation 5928 of December 27, 1988 (8) owner means any person holding title to, or in the absence of title, any other indicia of ownership of, a ship or terminal, but does not include a person who, without participating in the management or operation of a ship or terminal, holds indicia of ownership primarily to protect a security interest in the ship or terminal; (9) operator means (a) in the case of a ship, a charterer by demise or any other person, except the owner, who is responsible for the operation, manning, victualing, and supplying of the vessel, or (b) in the case of a terminal, any person, except the owner, responsible for the operation of the terminal by agreement with the owner; (10) person means an individual, firm, public or private corporation, partnership, association, State, municipality, commission, political subdivision of a State, or any interstate body; (11) Secretary means the Secretary of the department in which the Coast Guard is operating; (12) ship means a vessel of any type whatsoever, including hydrofoils, air-cushion vehicles, submersibles, floating craft whether self-propelled or not, and fixed or floating platforms; (13) submersible means a submarine, or any other vessel designed to operate under water; and (14) terminal means an onshore facility or an offshore structure located in the navigable waters of the United States or subject to the jurisdiction of the United States and used, or intended to be used, as a port or facility for the transfer or other handling of a harmful substance. (b) For purposes of this chapter, the requirements of Annex V shall apply to the navigable waters of the United States, as well as to all other waters and vessels over which the United States has jurisdiction. (c) For the purposes of this chapter, the requirements of Annex IV to the Antarctic Protocol shall apply in Antarctica to all vessels over which the United States has jurisdiction. ( Pub. L. 96478,  2 Oct. 21, 1980 94 Stat. 2297 Pub. L. 100220, title II,  2101 Dec. 29, 1987 101 Stat. 1460 Pub. L. 103160, div. A, title X,  1003(f) Nov. 30, 1993 107 Stat. 1748 Pub. L. 104227, title II,  201(a) Oct. 2, 1996 110 Stat. 3042 Pub. L. 110280,  3 July 21, 2008 122 Stat. 2611  Editorial Notes  References in Text This chapter, referred to in text, was in the original this Act, meaning Pub. L. 96478 Oct. 21, 1980 94 Stat. 2297 Presidential Proclamation 5928, referred to in subsec. (a)(7), is set out under section 1331 of Title 43 Amendments 2008Subsec. (a). Pub. L. 110280 1996Subsec. (a). Pub. L. 104227,  201(a)(1) Subsec. (c). Pub. L. 104227,  201(a)(3) 1993Subsec. (a)(9), (10). Pub. L. 103160 1987Subsec. (a). Pub. L. 100220,  2101(1) Subsec. (a)(1). Pub. L. 100220,  2101(2) February 17, 1978 November 2, 1973 Subsec. (a)(2). Pub. L. 100220,  2101(3) Subsec. (a)(3). Pub. L. 100220,  2101(4) Subsec. (b). Pub. L. 100220,  2101(5) Statutory Notes and Related Subsidiaries Effective Date of 1987 Amendment Pub. L. 100220, title II,  2002 Dec. 29, 1987 101 Stat. 1460  (a)  In General Except as provided in subsections (b) and (c), this title [enacting sections 1912 to 1915 of this title, amending this section and sections 1902, 1903, 1905, and 1907 to 1909 of this title, and enacting provisions set out as notes under this section, section 2267 of this title section 6981 of Title 42 Dec. 31, 1988 (b)  Exceptions Sections 2001, 2002, 2003, 2108, 2202, 2203, 2204, and subtitle C of this title [enacting sections 1912, 1914, and 1915 of this title, and provisions set out as notes under this section, section 2267 of this title section 6981 of Title 42 Dec. 29, 1987 (c)  Issuance of Regulations. (1)  In general The authority to prescribe regulations pursuant to this title shall be effective on the date of enactment of this title [ Dec. 29, 1987 (2)  Effective date of regulations Any regulation prescribed pursuant to this title shall not be effective before the effective date of the provision of this title under which the regulation is prescribed. Effective Date Pub. L. 96478,  14(a) Oct. 21, 1980 94 Stat. 2303  (a) Except as provided in subsection (b) of this section, this Act [see Short Title note below] is effective upon the date of enactment [ Oct. 21, 1980 Oct. 2, 1983 (b) The Secretary and the heads of Federal departments shall have the authority to issue regulations, standards, and certifications under sections 3(c), 3(d), 4(b), 5(a), 6(a), 6(c), and 6(f) [sections 1902(c), (d), 1903(b), 1904(a), and 1905(a), (c), (f) of this title] effective on the date of enactment of this Act [ Oct. 21, 1980 Oct. 21, 1980 Short Title of 2008 Amendment Pub. L. 110280,  1 July 21, 2008 122 Stat. 2611 This Act [amending this section and sections 1902, 1903 to 1905, and 1907 to 1911 of this title] may be cited as the Maritime Pollution Prevention Act of 2008. Short Title of 1987 Amendment Pub. L. 100220, title II,  2001 Dec. 29, 1987 101 Stat. 1460 This title [see Effective Date of 1987 Amendment note above] may be cited as the Marine Plastic Pollution Research and Control Act of 1987. Short Title Pub. L. 96478,  1 Oct. 21, 1980 94 Stat. 2297 That this Act [enacting this chapter, amending section 1321 of this title section 742c(c) of Title 16 section 1001 of this title section 742c of Title 16 Savings Provision: Regulations in Effect Until Superseded Pub. L. 96478,  14(c) Oct. 21, 1980 94 Stat. 2303 Any rights or liabilities existing on the effective date of this Act [see Effective Date note above] shall not be affected by this enactment [see Short Title note above]. Any regulations or procedures promulgated or effected pursuant to the Oil Pollution Act, 1961, as amended [section 1001 et seq. of this title], remain in effect until modified or superseded by regulations promulgated under the authority of the MARPOL Protocol or this Act.  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 section 542 of Title 6 Interim Authority for Dry Bulk Cargo Residue Disposal Pub. L. 108293, title VI,  623 Aug. 9, 2004 118 Stat. 1063  (a)  Extension of Interim Authority The Secretary of the Department in which the Coast Guard is operating shall continue to implement and enforce United States Coast Guard 1997 Enforcement Policy for Cargo Residues on the Great Lakes (hereinafter in this section referred to as the Policy) or revisions thereto, in accordance with that policy, for the purpose of regulating incidental discharges from vessels of residues of dry bulk cargo into the waters of the Great Lakes under the jurisdiction of the United States, until the earlier of (1) the date regulations are promulgated under subsection (b) for the regulation of incidental discharges from vessels of dry bulk cargo residue into the waters of the Great Lakes under the jurisdiction of the United States; or (2)  September 30, 2008 (b)  Permanent Authority Notwithstanding any other law, the Commandant of the Coast Guard may promulgate regulations governing the discharge of dry bulk cargo residue on the Great Lakes. (c)  Environmental Assessment No later than 90 days after the date of the enactment of this Act [ Aug. 9, 2004 Study and Regulation of Great Lakes Cargo Residues Pub. L. 106554,  1(a)(4) [div. A,  1117(b), (c)] Dec. 21, 2000 114 Stat. 2763  (b) The Secretary shall conduct a study of the effectiveness of the United States 1997 Enforcement Policy for Cargo Residues on the Great Lakes (Policy) by September 30, 2002 (c) The Secretary is authorized to promulgate regulations to implement and enforce a program to regulate incidental discharges from vessels of residues of non-hazardous and non-toxic dry bulk cargo into the waters of the Great Lakes, which takes into account the finding in the study required under subsection (b). This program shall be consistent with the Policy. Certain Alaskan Cruise Ship Operations Pub. L. 106554,  1(a)(4) [div. B, title XIV] Dec. 21, 2000 114 Stat. 2763  SEC. 1401. PURPOSE. The purpose of this title is to: (1) Ensure that cruise vessels operating in the waters of the Alexander Archipelago and the navigable waters of the United States within the State of Alaska and within the Kachemak Bay National Estuarine Research Reserve comply with all applicable environmental laws, including, but not limited to, the Federal Water Pollution Control Act, as amended ( 33 U.S.C. 1251 33 U.S.C. 1901 (2) Ensure that cruise vessels do not discharge untreated sewage within the waters of the Alexander Archipelago, the navigable waters of the United States in the State of Alaska, or within the Kachemak Bay National Estuarine Research Reserve. (3) Prevent the unregulated discharge of treated sewage and graywater while in ports in the State of Alaska or traveling near the shore in the Alexander Archipelago and the navigable waters of the United States in the State of Alaska or within the Kachemak Bay National Estuarine Research Reserve. (4) Ensure that discharges of sewage and graywater from cruise vessels operating in the Alexander Archipelago and the navigable waters of the United States in the State of Alaska or within the Kachemak Bay National Estuarine Research Reserve can be monitored for compliance with the requirements contained in this title. SEC. 1402. APPLICABILITY. This title applies to all cruise vessels authorized to carry 500 or more passengers for hire. SEC. 1403. PROHIBITION ON DISCHARGE OF UNTREATED SEWAGE. No person shall discharge any untreated sewage from a cruise vessel into the waters of the Alexander Archipelago or the navigable waters of the United States within the State of Alaska or within the Kachemak Bay National Estuarine Research Reserve. SEC. 1404. LIMITATIONS ON DISCHARGE OF TREATED SEWAGE OR GRAYWATER. (a) No person shall discharge any treated sewage or graywater from a cruise vessel into the waters of the Alexander Archipelago or the navigable waters of the United States within the State of Alaska or within the Kachemak Bay National Estuarine Research Reserve unless (1) the cruise vessel is underway and proceeding at a speed of not less than six knots; (2) the cruise vessel is not less than one nautical mile from the nearest shore, except in areas designated by the Secretary, in consultation with the State of Alaska; (3) the discharge complies with all applicable cruise vessel effluent standards established pursuant to this title and any other applicable law; and (4) the cruise vessel is not in an area where the discharge of treated sewage or graywater is prohibited. (b) The Administrator, in consultation with the Secretary, may promulgate regulations allowing the discharge of treated sewage or graywater, otherwise prohibited under paragraphs (a)(1) and (a)(2) of this section, where the discharge meets effluent standards determined by the Administrator as appropriate for discharges into the marine environment. In promulgating such regulations, the Administrator shall take into account the best available scientific information on the environmental effects of the regulated discharges. The effluent discharge standards promulgated under this section shall, at a minimum, be consistent with all relevant State of Alaska water quality standards in force at the time of the enactment of this title [ Dec. 21, 2000 (c) Until such time as the Administrator promulgates regulations under paragraph (b) of this section, treated sewage and graywater may be discharged from vessels subject to this title in circumstances otherwise prohibited under paragraphs (a)(1) and (a)(2) of this section, provided that (1) the discharge satisfies the minimum level of effluent quality specified in 40 CFR 133.102, as in effect on the date of enactment of this section [ Dec. 21, 2000 (2) the geometric mean of the samples from the discharge during any 30-day period does not exceed 20 fecal coliform/100 ml and not more than 10 percent of the samples exceed 40 fecal coliform/100 ml; (3) concentrations of total residual chlorine may not exceed 10.0 g/l; and (4) prior to any such discharge occurring, the owner, operator or master, or other person in charge of a cruise vessel, can demonstrate test results from at least five samples taken from the vessel representative of the effluent to be discharged, on different days over a 30-day period, conducted in accordance with the guidelines promulgated by the Administrator in 40 CFR Part 136, which confirm that the water quality of the effluents proposed for discharge is in compliance with paragraphs (1), (2), and (3) of this subsection. To the extent not otherwise being done by the owner, operator, master or other person in charge of a cruise vessel pursuant to section 1406, the owner, operator, master or other person in charge of a cruise vessel shall demonstrate continued compliance through periodic sampling. Such sampling and test results shall be considered environmental compliance records that must be made available for inspection pursuant to section 1406(d) of this title SEC. 1405. SAFETY EXCEPTION. Sections 1403 and 1404 of this title shall not apply to discharges made for the purpose of securing the safety of the cruise vessel or saving life at sea, provided that all reasonable precautions have been taken for the purpose of preventing or minimizing the discharge. SEC. 1406. INSPECTION AND SAMPLING REGIME. (a) The Secretary shall incorporate into the commercial vessel examination program an inspection regime sufficient to verify that cruise vessels visiting ports in the State of Alaska or operating in the waters of the Alexander Archipelago or the navigable waters of the United States within the State of Alaska or within the Kachemak Bay National Estuarine Research Reserve are in full compliance with this title, the Federal Water Pollution Control Act [ 33 U.S.C. 1251 (b) The inspection regime shall, at a minimum, include (1) examination of environmental compliance records and procedures; and (2) inspection of the functionality and proper operation of installed equipment for abatement and control of any discharge. (c) The inspection regime may (1) include unannounced inspections of any aspect of cruise vessel operations, equipment or discharges pertinent to the verification under subsection (a) of this section; and (2) require the owner, operator or master, or other person in charge of a cruise vessel subject to this title to maintain and produce a logbook detailing the times, types, volumes or flow rates and locations of any discharges of sewage or graywater under this title. (d) The inspection regime shall incorporate a plan for sampling and testing cruise vessel discharges to ensure that any discharges of sewage or graywater are in compliance with this title, the Federal Water Pollution Control Act [ 33 U.S.C. 1251 SEC. 1407. CRUISE VESSEL EFFLUENT STANDARDS. Pursuant to this title and the authority of the Federal Water Pollution Control Act [ 33 U.S.C. 1251 SEC. 1408. REPORTS. (a) Any owner, operator or master, or other person in charge of a cruise vessel who has knowledge of a discharge from the cruise vessel in violation of section 1403 or 1404 or pursuant to section 1405 of this title (b) The Secretary may prescribe the form of reports required under this section. SEC. 1409. ENFORCEMENT. (a)  Administrative Penalties. (1)  Violations Any person who violates section 1403, 1404, 1408, or 1413 of this title, or any regulations promulgated pursuant to this title may be assessed a class I or class II civil penalty by the Secretary or Administrator. (2)  Classes of penalties. (A)  Class i The amount of a class I civil penalty under this section may not exceed $10,000 per violation, except that the maximum amount of any class I civil penalty under this section shall not exceed $25,000. Before assessing a civil penalty under this clause, the Secretary or Administrator, as the case may be, shall give to the person to be assessed such penalty written notice of the Secretarys or Administrators proposal to assess the penalty and the opportunity to request, within 30 days of the date the notice is received by such person, a hearing on the proposed penalty. Such hearing shall not be subject to section 554 or 556 of title 5, but shall provide a reasonable opportunity to be heard and to present evidence. (B)  Class ii The amount of a class II civil penalty under this section may not exceed $10,000 per day for each day during which the violation continues, except that the maximum amount of any class II civil penalty under this section shall not exceed $125,000. Except as otherwise provided in this subsection, a class II civil penalty shall be assessed and collected in the same manner, and subject to the same provisions as in the case of civil penalties assessed and collected after notice and an opportunity for a hearing on the record in accordance with section 554 of title 5 (3)  Rights of interested persons. (A)  Public notice Before issuing an order assessing a class II civil penalty under this section, the Secretary or Administrator, as the case may be, shall provide public notice of and reasonable opportunity to comment on the proposed issuance of each order. (B)  Presentation of evidence Any person who comments on a proposed assessment of a class II civil penalty under this section shall be given notice of any hearing held under this paragraph and of the order assessing such penalty. In any hearing held under this paragraph, such person shall have a reasonable opportunity to be heard and present evidence. (C)  Rights of interested persons to a hearing If no hearing is held under subsection (2) before issuance of an order assessing a class II civil penalty under this section, any person who commented on the proposed assessment may petition, within 30 days after the issuance of such order, the Administrator or Secretary, as the case may be, to set aside such order and to provide a hearing on the penalty. If the evidence presented by the petitioner in support of the petition is material and was not considered in the issuance of the order, the Administrator or Secretary shall immediately set aside such order and provide a hearing in accordance with subsection (2)(B). If the Administrator or Secretary denies a hearing under this clause, the Administrator or Secretary shall provide to the petitioner, and publish in the Federal Register, notice of and the reasons for such denial. (4)  Finality of order An order assessing a class II civil penalty under this paragraph shall become final 30 days after its issuance unless a petition for judicial review is filed under subparagraph (6) or a hearing is requested under subsection (3)(C). If such a hearing is denied, such order shall become final 30 days after such denial. (5)  Effect of action on compliance No action by the Administrator or Secretary under this paragraph shall affect any persons obligation to comply with any section of this title. (6)  Judicial review Any person against whom a civil penalty is assessed under this paragraph or who commented on the proposed assessment of such penalty in accordance with subsection (3) may obtain review of such assessment (A) in the case of assessment of a class I civil penalty, in the United States District Court for the District of Columbia or in the District of Alaska; or (B) in the case of assessment of a class II civil penalty, in the United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which such person resides or transacts business, by filing a notice of appeal in such court within the 30-day period beginning on the date the civil penalty order is issued and by simultaneously sending a copy of such notice by certified mail to the Administrator or Secretary, as the case may be, and the Attorney General. The Administrator or Secretary shall promptly file in such court a certified copy of the record on which the order was issued. Such court shall not set aside or remand such order unless there is not substantial evidence in the record, taken as a whole, to support the finding of a violation or unless the Administrators or Secretarys assessment of the penalty constitutes an abuse of discretion and shall not impose additional civil penalties for the same violation unless the Administrators or Secretarys assessment of the penalty constitutes an abuse of discretion. (7)  Collection If any person fails to pay an assessment of a civil penalty (A) after the assessment has become final, or (B) after a court in an action brought under subsection (6) has entered a final judgment in favor of the Administrator or Secretary, as the case may be, the Administrator or Secretary shall request the Attorney General to bring a civil action in an appropriate district court to recover the amount assessed (plus interest at currently prevailing rates from the date of the final order or the date of the final judgment, as the case may be). In such an action, the validity, amount, and appropriateness of such penalty shall not be subject to review. Any person who fails to pay on a timely basis the amount of an assessment of a civil penalty as described in the first sentence of this subparagraph shall be required to pay, in addition to such amount and interest, attorneys fees and costs for collection proceedings and a quarterly nonpayment penalty for each quarter during which such failure to pay persists. Such nonpayment penalty shall be in an amount equal to 20 percent of the aggregate amount of such persons penalties and nonpayment penalties which are unpaid as of the beginning of such quarter. (8)  Subpoenas The Administrator or Secretary, as the case may be, may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, or documents in connection with hearings under this section. In case of contumacy or refusal to obey a subpoena issued pursuant to this subsection and served upon any person, the district court of the United States for any district in which such person is found, resides, or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Administrator or Secretary or to appear and produce documents before the Administrator or Secretary, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof. (b)  Civil Penalties. (1)  In general Any person who violates section 1403, 1404, 1408, or 1413 of this title, or any regulations promulgated pursuant to this title shall be subject to a civil penalty not to exceed $25,000 per day for each violation. Each day a violation continues constitutes a separate violation. (2)  Jurisdiction An action to impose a civil penalty under this section may be brought in the district court of the United States for the district in which the defendant is located, resides, or transacts business, and such court shall have jurisdiction to assess such penalty. (3)  Limitation A person is not liable for a civil judicial penalty under this paragraph for a violation if the person has been assessed a civil administrative penalty under paragraph (a) for the violation. (c)  Determination of Amount In determining the amount of a civil penalty under paragraphs (a) or (b) of this section, the court, the Secretary or the Administrator, as the case may be, shall consider the seriousness of the violation or violations, the economic benefit (if any) resulting from the violation, any history of such violations, any good-faith efforts to comply with the applicable requirements, the economic impact of the penalty on the violator, and other such matters as justice may require. (d)  Criminal Penalties. (1)  Negligent violations Any person who negligently violates section 1403, 1404, 1408, or 1413 of this title, or any regulations promulgated pursuant to this title commits a Class A misdemeanor. (2)  Knowing violations Any person who knowingly violates section 1403, 1404, 1408, or 1413 of this title, or any regulations promulgated pursuant to this title commits a Class D felony. (3)  False statements Any person who knowingly makes any false statement, representation, or certification in any record, report or other document filed or required to be maintained under this title or the regulations issued thereunder, or who falsifies, tampers with, or knowingly renders inaccurate any testing or monitoring device or method required to be maintained under this title, or the regulations issued thereunder, commits a Class D felony. (e)  Awards. (1) The Secretary, the Administrator, or the court, when assessing any fines or civil penalties, as the case may be, may pay from any fines or civil penalties collected under this section an amount not to exceed one-half of the penalty or fine collected, to any individual who furnishes information which leads to the payment of the penalty or fine. If several individuals provide such information, the amount shall be divided equitably among such individuals. No officer or employee of the United States, the State of Alaska or any federally recognized Tribe who furnishes information or renders service in the performance of his or her official duties shall be eligible for payment under this subsection. (2) The Secretary, Administrator or the court, when assessing any fines or civil penalties, as the case may be, may pay, from any fines or civil penalties collected under this section, to the State of Alaska or to any federally recognized Tribe providing information or investigative assistance which leads to payment of the penalty or fine, an amount which reflects the level of information or investigative assistance provided. Should the State of Alaska or a federally recognized Tribe and an individual under paragraph (1) of this section be eligible for an award, the Secretary, the Administrator, or the court, as the case may be, shall divide the amount equitably. (f)  Liability in Rem A cruise vessel operated in violation of this title or the regulations issued thereunder is liable in rem for any fine imposed under subsection (d) of this section or for any civil penalty imposed under subsections (a) or (b) of this section, and may be proceeded against in the United States district court of any district in which the cruise vessel may be found. (g)  Compliance Orders. (1)  In general Whenever on the basis of any information available to him the Administrator finds that any person is in violation of section 1403, 1404, 1408, or 1413 of this title, or any regulations promulgated pursuant to this title, the Administrator shall issue an order requiring such person to comply with such section or requirement, or shall bring a civil action in accordance with subsection (b). (2)  Copies of orders, service A copy of any order issued under this subsection shall be sent immediately by the Administrator to the State of Alaska. In any case in which an order under this subsection is issued to a corporation, a copy of such order shall be served on any appropriate corporate officer. Any order issued under this subsection shall be by personal service, shall state with reasonable specificity the nature of the violation, and shall specify a time for compliance not to exceed 30 days in the case of a violation of an interim compliance schedule or operation and maintenance requirement and not to exceed a time the Administrator determines to be reasonable in the case of a violation of a final deadline, taking into account the seriousness of the violation and any good faith efforts to comply with applicable requirements. (h)  Civil Actions The Administrator is authorized to commence a civil action for appropriate relief, including a permanent or temporary injunction, for any violation for which he is authorized to issue a compliance order under this subsection. Any action under subsection (h) may be brought in the district court of the United States for the district in which the defendant is located or resides or is doing business, and such court shall have jurisdiction to restrain such violation and to require compliance. Notice of the commencement of such action shall be given immediately to the State of Alaska. SEC. 1410. DESIGNATION OF CRUISE VESSEL NO-DISCHARGE ZONES. If the State of Alaska determines that the protection and enhancement of the quality of some or all of the waters of the Alexander Archipelago or the navigable waters of the United States within the State of Alaska or within the Kachemak Bay National Estuarine Research Reserve require greater environmental protection, the State of Alaska may petition the Administrator to prohibit the discharge of graywater and sewage from cruise vessels operating in such waters. The establishment of such a prohibition shall be achieved in the same manner as the petitioning process and prohibition of the discharge of sewage pursuant to section 312(f) of the Federal Water Pollution Control Act [ 33 U.S.C. 1322(f) SEC. 1411. SAVINGS CLAUSE. (a) Nothing in this title shall be construed as restricting, affecting, or amending any other law or the authority of any department, instrumentality, or agency of the United States. (b) Nothing in this title shall in any way affect or restrict, or be construed to affect or restrict, the authority of the State of Alaska or any political subdivision thereof (1) to impose additional liability or additional requirements; or (2) to impose, or determine the amount of a fine or penalty (whether criminal or civil in nature) for any violation of law; relating to the discharge of sewage (whether treated or untreated) or graywater in the waters of the Alexander Archipelago and the navigable waters of the United States within the State of Alaska or within the Kachemak Bay National Estuarine Research Reserve. SEC. 1412. REGULATIONS. The Secretary and the Administrator each may prescribe any regulations necessary to carry out the provisions of this title. SEC. 1413. INFORMATION GATHERING AUTHORITY. The authority of sections 308(a) and (b) of the Federal Water Pollution Control Act [ 33 U.S.C. 1318(a) section 1406 of this title SEC. 1414. DEFINITIONS. In this title: (1)  Administrator The term Administrator means the Administrator of the United States Environmental Protection Agency. (2)  Cruise vessel The term cruise vessel means a passenger vessel as defined in section 2101(22) [now 2101(31)] of title 46, United States Code. The term cruise vessel does not include a vessel of the United States operated by the Federal Government or a vessel owned and operated by the government of a State. (3)  Discharge The term discharge means any release however caused from a cruise vessel, and includes any escape, disposal, spilling, leaking, pumping, emitting, or emptying. (4)  Graywater The term graywater means only galley, dishwasher, bath, and laundry waste water. The term does not include other wastes or waste streams. (5)  Navigable waters The term navigable waters has the same meaning as in section 502 of the Federal Water Pollution Control Act [ 33 U.S.C. 1362 (6)  Person The term person means an individual, corporation, partnership, limited liability company, association, State, municipality, commission, or political subdivision of a State, or any federally recognized tribe. (7)  Secretary The term Secretary means the Secretary of the department in which the United States Coast Guard is operating. (8)  Sewage The term sewage means human body wastes and the wastes from toilets and other receptacles intended to receive or retain body waste. (9)  Treated sewage The term treated sewage means sewage meeting all applicable effluent limitation standards and processing requirements of the Federal Water Pollution Control Act [ 33 U.S.C. 1251 (10)  Untreated sewage The term untreated sewage means sewage that is not treated sewage. (11)  Waters of the Alexander Archipelago The term waters of the Alexander Archipelago means all waters under the sovereignty of the United States within or near Southeast Alaska, beginning at a point 581141N, 1363925W [near Cape Spencer Light], thence southeasterly along a line three nautical miles seaward of the baseline from which the breadth of the territorial sea is measured in the Pacific Ocean and the Dixon Entrance, except where this line intersects geodesics connecting the following five pairs of points: (1) 580517N, 1363349W and 581141N, 1363925W [Cross Sound]. (2) 560940N, 1344000W and 554915N, 1341740W [Chatham Strait]. (3) 554915N, 1341740W and 555030N, 1335415W [Sumner Strait]. (4) 544130N, 1320100W and 545130N, 1312045W [Clarence Strait]. (5) 545130N, 1312045W and 544615N, 1305200W [Revillagigedo Channel]. The portion of each such geodesic situated beyond three nautical miles from the baseline from which the breadth of the territorial sea is measured forms the outer limit of the waters of the Alexander Archipelago in those five locations. Preemption; Additional State Requirements Pub. L. 100220, title II,  2003 Dec. 29, 1987 101 Stat. 1460  (a)  Preemption Except as specifically provided in this title [see Effective Date of 1987 Amendment note above], nothing in this title shall be interpreted or construed to supersede or preempt any other provision of Federal or State law, either statutory or common. (b)  Additional State Requirements Nothing in this title shall be construed or interpreted as preempting any State from imposing any additional requirements.  1902. Ships subject to preventive measures (a) Included vessels This chapter shall apply (1) to a ship of United States registry or nationality, or one operated under the authority of the United States, wherever located; (2) with respect to Annexes I and II to the Convention, to a ship, other than a ship referred to in paragraph (1), while in the navigable waters of the United States; (3) with respect to the requirements of Annex V to the Convention, to a ship, other than a ship referred to in paragraph (1), while in the navigable waters or the exclusive economic zone of the United States; (4) with respect to regulations prescribed under section 1905 of this title (5) with respect to Annex VI to the Convention, and other than with respect to a ship referred to in paragraph (1) (A) to a ship that is in a port, shipyard, offshore terminal, or the internal waters of the United States; (B) to a ship that is bound for, or departing from, a port, shipyard, offshore terminal, or the internal waters of the United States, and is in (i) the navigable waters or the exclusive economic zone of the United States; (ii) an emission control area designated pursuant to section 1903 of this title (iii) any other area that the Administrator, in consultation with the Secretary and each State in which any part of the area is located, has designated by order as being an area from which emissions from ships are of concern with respect to protection of public health, welfare, or the environment; (C) to a ship that is entitled to fly the flag of, or operating under the authority of, a party to Annex VI, and is in (i) the navigable waters or the exclusive economic zone of the United States; (ii) an emission control area designated under section 1903 of this title (iii) any other area that the Administrator, in consultation with the Secretary and each State in which any part of the area is located, has designated by order as being an area from which emissions from ships are of concern with respect to protection of public health, welfare, or the environment; and (D) to any other ship, to the extent that, and in the same manner as, such ship may be boarded by the Secretary to implement or enforce any other law of the United States or Annex I, II, or V of the Convention, and is in (i) the exclusive economic zone of the United States; (ii) the navigable waters of the United States; (iii) an emission control area designated under section 1903 of this title (iv) any other area that the Administrator, in consultation with the Secretary and each State in which any part of the area is located, has designated by order as being an area from which emissions from ships are of concern with respect to protection of public health, welfare, or the environment. (b) Excluded vessels; discharge requirements (1) Except as provided in paragraph (3), this chapter shall not apply to (A) a ship of the Armed Forces described in paragraph (2); or (B) any other ship specifically excluded by the MARPOL Protocol or the Antarctic Protocol. (2) A ship described in this paragraph is a ship that is owned or operated by the Secretary, with respect to the Coast Guard, or by the Secretary of a military department, and that, as determined by the Secretary concerned (A) has unique military design, construction, manning, or operating requirements; and (B) cannot fully comply with the discharge requirements of Annex V to the Convention because compliance is not technologically feasible or would impair the operations or operational capability of the ship. (3) (A) Notwithstanding any provision of the MARPOL Protocol, the requirements of Annex V to the Convention shall apply to all ships referred to in subsection (a) other than those described in paragraph (2). (B) A ship that is described in paragraph (2) shall limit the discharge into the sea of garbage as follows: (i) The discharge into the sea of plastics, including synthetic ropes, synthetic fishing nets, plastic garbage bags, and incinerator ashes from plastic products that may contain toxic chemicals or heavy metals, or the residues thereof, is prohibited. (ii) Garbage consisting of the following material may be discharged into the sea, subject to subparagraph (C): (I) A non-floating slurry of seawater, paper, cardboard, or food waste that is capable of passing through a screen with openings no larger than 12 millimeters in diameter. (II) Metal and glass that have been shredded and bagged (in compliance with clause (i)) so as to ensure negative buoyancy. (III) With regard to a submersible, nonplastic garbage that has been compacted and weighted to ensure negative buoyancy. (IV) Ash from incinerators or other thermal destruction systems not containing toxic chemicals, heavy metals, or incompletely burned plastics. (C) (i) Garbage described in subparagraph (B)(ii)(I) may not be discharged within 3 nautical miles of land. (ii) Garbage described in subclauses (II), (III), and (IV) of subparagraph (B)(ii) may not be discharged within 12 nautical miles of land. (D) Notwithstanding subparagraph (C), a ship described in paragraph (2) that is not equipped with garbage-processing equipment sufficient to meet the requirements of subparagraph (B)(ii) may discharge garbage that has not been processed in accordance with subparagraph (B)(ii) if such discharge occurs as far as practicable from the nearest land, but in any case not less than (i) 12 nautical miles from the nearest land, in the case of food wastes and non-floating garbage, including paper products, cloth, glass, metal, bottles, crockery, and similar refuse; and (ii) 25 nautical miles from the nearest land, in the case of all other garbage. (E) This paragraph shall not apply when discharge of any garbage is necessary for the purpose of securing the safety of the ship, the health of the ships personnel, or saving life at sea. In the event that there is such a discharge, the discharge shall be reported to the Secretary, with respect to the Coast Guard, or the Secretary concerned. (F) This paragraph shall not apply during time of war or a national emergency declared by the President or Congress. (c) Application to other persons This chapter shall apply to all persons to the extent necessary to ensure compliance with Annex VI to the Convention. (d) Discharges in special areas (1) Except as provided in paragraphs (2) and (3), not later than December 31, 2000 December 31, 2008 (2) (A) Subject to subparagraph (B), any ship described in subparagraph (C) may discharge, without regard to the special area requirements of Regulation 5 of Annex V to the Convention, the following non-plastic, non-floating garbage: (i) A slurry of seawater, paper, cardboard, or food waste that is capable of passing through a screen with openings no larger than 12 millimeters in diameter. (ii) Metal and glass that have been shredded and bagged so as to ensure negative buoyancy. (iii) With regard to a submersible, nonplastic garbage that has been compacted and weighted to ensure negative buoyancy. (B) (i) Garbage described in subparagraph (A)(i) may not be discharged within 3 nautical miles of land. (ii) Garbage described in clauses (ii) and (iii) of subparagraph (A) may not be discharged within 12 nautical miles of land. (C) This paragraph applies to any ship that is owned or operated by the Department of the Navy that, as determined by the Secretary of the Navy (i) has unique military design, construction, manning, or operating requirements; and (ii) cannot fully comply with the special area requirements of Regulation 5 of Annex V to the Convention because compliance is not technologically feasible or would impair the operations or operational capability of the ship. (3) (A) Not later than December 31, 2000 (B) Subparagraph (A) applies to surface ships that are owned or operated by the Department of the Navy that the Secretary plans to decommission during the period beginning on January 1, 2001 December 31, 2005 (C) At the same time that the Secretary publishes standards under subparagraph (A), the Secretary shall publish in the Federal Register a list of the ships covered by subparagraph (B). (e) Discharge of agricultural cargo residue Notwithstanding any other provision of law, the discharge from a vessel of any agricultural cargo residue material in the form of hold washings shall be governed exclusively by the provisions of this chapter that implement Annex V to the International Convention for the Prevention of Pollution from Ships. (f) Regulations The Secretary or the Administrator, consistent with section 1903 of this title (g) Compliance by excluded vessels (1) The Secretary of the Navy shall develop and, as appropriate, support the development of technologies and practices for solid waste management aboard ships owned or operated by the Department of the Navy, including technologies and practices for the reduction of the waste stream generated aboard such ships, that are necessary to ensure the compliance of such ships with subsection (b) of this section. (2) Notwithstanding any effective date of the application of this section to a ship, the provisions of Annex V to the Convention and subsection (b)(3)(B)(i) of this section with respect to the disposal of plastic shall apply to ships equipped with plastic processors required for the long-term collection and storage of plastic aboard ships of the Navy upon the installation of such processors in such ships. (3) Except when necessary for the purpose of securing the safety of the ship, the health of the ships personnel, or saving life at sea, it shall be a violation of this chapter for a ship referred to in subsection (b)(1)(A) of this section that is owned or operated by the Department of the Navy: (A) With regard to a submersible, to discharge buoyant garbage or plastic. (B) With regard to a surface ship, to discharge plastic contaminated by food during the last 3 days before the ship enters port. (C) With regard to a surface ship, to discharge plastic, except plastic that is contaminated by food, during the last 20 days before the ship enters port. (4) The Secretary of Defense shall publish in the Federal Register: (A) Each year, the amount and nature of the discharges in special areas, not otherwise authorized under this chapter, during the preceding year from ships referred to in subsection (b)(1)(A) of this section owned or operated by the Department of the Navy. (B) Beginning on October 1, 1996 October 1, 1998 (h) Waiver authority The President may waive the effective dates of the requirements set forth in subsection (c) 1 1 (i) Noncommercial shipping standards The heads of Federal departments and agencies shall prescribe standards applicable to ships excluded from this chapter by subsection (b)(1) of this section and for which they are responsible. Standards prescribed under this subsection shall ensure, so far as is reasonable and practicable without impairing the operations or operational capabilities of such ships, that such ships act in a manner consistent with the MARPOL Protocol. (j) Savings clause Nothing in this section shall be construed to restrict in a manner inconsistent with international law navigational rights and freedoms as defined by United States law, treaty, convention, or customary international law. ( Pub. L. 96478,  3 Oct. 21, 1980 94 Stat. 2297 Pub. L. 100220, title II,  2102 Dec. 29, 1987 101 Stat. 1461 Pub. L. 103160, div. A, title X,  1003(a) Nov. 30, 1993 107 Stat. 17451747 Pub. L. 104201, div. A, title III,  324(a) Sept. 23, 1996 110 Stat. 2480 Pub. L. 104227, title II,  201(b) Oct. 2, 1996 110 Stat. 3042 Pub. L. 105261, div. A, title III,  326 Oct. 17, 1998 112 Stat. 1965 Pub. L. 110280,  4 July 21, 2008 122 Stat. 2611 Pub. L. 11281, div. A, title III,  313 Dec. 31, 2011 125 Stat. 1355 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4746  Editorial Notes  References in Text This chapter, referred to in subsecs. (b)(1) and (e), was in the original this Act, meaning Pub. L. 96478 Oct. 21, 1980 94 Stat. 2297 section 1901 of this title Section 1003(e) of the National Defense Authorization Act for Fiscal Year 1994, referred to in subsecs. (g)(4)(B) and (h), is section 1003(e) of Pub. L. 103160 Subsection (c) of this section, referred to in subsec. (h), was redesignated subsection (d) by Pub. L. 110280,  4(3) July 21, 2008 122 Stat. 2613 Amendments 2021Subsecs. (e) to (j). Pub. L. 116283 2011Subsec. (b). Pub. L. 11281,  313(a) Subsec. (f)(1). Pub. L. 11281,  313(b)(1) Subsec. (f)(2). Pub. L. 11281,  313(b)(2) 2008Subsec. (a)(5). Pub. L. 110280,  4(1) Subsec. (b)(1). Pub. L. 110280,  4(2)(A) Subsec. (b)(3). Pub. L. 110280,  4(2)(B) Subsecs. (c), (d). Pub. L. 110280,  4(3) Subsec. (e). Pub. L. 110280,  4(4)(C) Pub. L. 110280,  4(4)(B) Pub. L. 110280,  4(4)(A) section 1903 of this title Pub. L. 110280,  4(3) Subsecs. (f) to (h). Pub. L. 110280,  4(3) Subsec. (i). Pub. L. 110280,  4(5) 1998Subsec. (c)(2)(A)(iii). Pub. L. 105261,  326(a)(1) Subsec. (c)(2)(B)(ii). Pub. L. 105261,  326(a)(2) Subsec. (e)(3)(A). Pub. L. 105261,  326(b) 1996Subsec. (b)(1)(B). Pub. L. 104227 Subsec. (c)(1). Pub. L. 104201,  324(a)(1) Subsec. (c)(2) to (4). Pub. L. 104201,  324(a)(2) Subsec. (e)(4)(A). Pub. L. 104201,  324(d) October 1, 1994 October 1, 2000 1993Subsec. (b)(2)(A). Pub. L. 103160,  1003(a) Subsecs. (c), (d). Pub. L. 103160,  1003(b) Subsecs. (e), (f). Pub. L. 103160,  1003(c) Subsec. (g). Pub. L. 103160,  1003(b)(1) 1987Subsec. (a). Pub. L. 100220,  2102(a) (1) a ship of United States registry or nationality, or one operated under the authority of the United States, wherever located; (2) a ship registered in or of the nationality of a country party to the MARPOL Protocol, or one operated under the authority of a country party to the MARPOL Protocol, while in the navigable waters of the United States; and (3) a ship registered in or of the nationality of a country not a party to the MARPOL Protocol, under subsection (c) of this section, while in the navigable waters of the United States. Subsec. (b). Pub. L. 100220,  2102(b) (1) a warship, naval auxiliary, or other ship owned or operated by the United States when engaged in noncommercial service; or (2) any other ship specifically excluded by the MARPOL Protocol. Subsec. (c). Pub. L. 100220,  2102(c) Statutory Notes and Related Subsidiaries Effective Date of 1987 Amendment Amendment by Pub. L. 100220 Dec. 31, 1988 section 2002(a) of Pub. L. 100220 section 1901 of this title Effective Date Subsecs. (c) and (d) of this section effective Oct. 21, 1980 section 14(b) of Pub. L. 96478 section 1901 of this title Compliance With Annex V to the International Convention for the Prevention of Pollution From Ships, 1973 Pub. L. 104201, div. A, title III,  324(b) Sept. 23, 1996 110 Stat. 2480 Pub. L. 10585, div. A, title X,  1073(c)(1) Nov. 18, 1997 111 Stat. 1904 Pub. L. 108136, div. A, title X,  1031(f)(1) Nov. 24, 2003 117 Stat. 1604  (b)  Sense of Congress (1) It is the sense of Congress that it should be an objective of the Navy to achieve full compliance with Annex V to the Convention as part of the Navys development of ships that are environmentally sound. (2) In this subsection and subsection (c), the terms Convention and ship have the meanings given such terms in section 2(a) of the Act to Prevent Pollution from Ships ( 33 U.S.C. 1901(a) [(c) Repealed. Pub. L. 108136, div. A, title X,  1031(f)(1) Nov. 24, 2003 117 Stat. 1604 Installation Schedule for Plastics Processor Equipment Aboard Ships; Request for Proposals for Equipment Pub. L. 103160, div. A, title X,  1003(e) Nov. 30, 1993 107 Stat. 1747  (1) Not later than October 1, 1994 (2) Not later than July 1, 1996 (3) Not later than March 1, 1997 33 U.S.C. 1902 (4) Not later than July 1, 1997 (5) Not later than July 1, 1998 (6) Not later than December 31, 1998  1902a. Repealed. Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4746   Section, Pub. L. 107295, title II,  204 Nov. 25, 2002 116 Stat. 2094 section 1902(e) of this title  1903. Administration and enforcement (a) Duty of Secretary; Annexes of Convention applicable to seagoing vessels Unless otherwise specified in this chapter, the Secretary shall administer and enforce the MARPOL Protocol, Annex IV to the Antarctic Protocol, and this chapter. In the administration and enforcement of the MARPOL Protocol and this chapter, Annexes I and II of the Convention apply only to seagoing ships. (b) Duty of the Administrator In addition to other duties specified in this chapter, the Administrator and the Secretary, respectively, shall have the following duties and authorities: (1) The Administrator shall, and no other person may, issue Engine International Air Pollution Prevention certificates in accordance with Annex VI and the International Maritime Organizations Technical Code on Control of Emissions of Nitrogen Oxides from Marine Diesel Engines, on behalf of the United States for a vessel of the United States as that term is defined in section 116 of title 46 42 U.S.C. 7401 (2) The Administrator shall have authority to administer regulations 12, 13, 14, 15, 16, 17, 18, and 19 of Annex VI to the Convention. (3) The Administrator shall, only as specified in section 1907(f) of this title (c) Regulations; refuse record books; waste management plans; notification of crew and passengers (1) The Secretary shall prescribe any necessary or desired regulations to carry out the provisions of the MARPOL Protocol, Annex IV to the Antarctic Protocol, or this chapter. (2) In addition to the authority the Secretary has to prescribe regulations under this chapter, the Administrator shall also prescribe any necessary or desired regulations to carry out the provisions of regulations 12, 13, 14, 15, 16, 17, 18, and 19 of Annex VI to the Convention. (3) In prescribing any regulations under this section, the Secretary and the Administrator shall consult with each other, and with respect to regulation 19, with the Secretary of the Interior. (4) The Secretary of the department in which the Coast Guard is operating shall (A) prescribe regulations which (i) require certain ships described in section 1902(a)(1) of this title (ii) specify the ships described in section 1902(a)(1) of this title (B) seek an international agreement or international agreements which apply requirements equivalent to those described in subparagraph (A)(i) to all vessels subject to Annex V to the Convention; and (C) within 2 years after the effective date of this paragraph, report to the Congress (i) regarding activities of the Secretary under subparagraph (B); and (ii) if the Secretary has not obtained agreements pursuant to subparagraph (B) regarding the desirability of applying the requirements described in subparagraph (A)(i) to all vessels described in section 1902(a) of this title (5) No standard issued by any person or Federal authority, with respect to emissions from tank vessels subject to regulation 15 of Annex VI to the Convention, shall be effective until 6 months after the required notification to the International Maritime Organization by the Secretary. (d) Utilization of personnel, facilities, or equipment of other Federal departments and agencies The Secretary may utilize by agreement, with or without reimbursement, personnel, facilities, or equipment of other Federal departments and agencies in administering the MARPOL Protocol, this chapter, or the regulations thereunder. ( Pub. L. 96478,  4 Oct. 21, 1980 94 Stat. 2298 Pub. L. 100220, title II,  2107 Dec. 29, 1987 101 Stat. 1464 Pub. L. 104227, title II,  201(c) Oct. 2, 1996 110 Stat. 3042 Pub. L. 110280,  5 July 21, 2008 122 Stat. 2613  Editorial Notes  References in Text The Clean Air Act, referred to in subsec. (b)(1), is act July 14, 1955, ch. 360 69 Stat. 322 section 7401 of Title 42 The effective date of this paragraph, referred to in subsec. (c)(4)(C), is Dec. 31, 1988 section 2107(b) of Pub. L. 100220 Amendments 2008Subsec. (b). Pub. L. 110280,  5(1) Subsec. (c). Pub. L. 110280 Subsec. (d). Pub. L. 110280,  5(1) 1996Subsec. (a). Pub. L. 104227,  201(c)(1) Subsec. (b)(1). Pub. L. 104227,  201(c)(2) Subsec. (b)(2)(A). Pub. L. 104227,  201(c)(3) 1987Subsec. (a). Pub. L. 100220,  2107(a) Subsec. (b). Pub. L. 100220,  2107(b) Statutory Notes and Related Subsidiaries Effective Date of 1987 Amendment Amendment by Pub. L. 100220 Dec. 31, 1988 section 2002(a) of Pub. L. 100220 section 1901 of this title Effective Date Subsec. (b) of this section effective Oct. 21, 1980 section 14(b) of Pub. L. 96478 section 1901 of this title  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 section 542 of Title 6  1904. Certificates (a) Issuance by authorized designees; restriction on issuance Except as provided in section 1903(b)(1) of this title (b) Validity of foreign certificates A certificate issued by a country which is a party to the MARPOL Protocol has the same validity as a certificate issued by the Secretary or the Administrator under the authority of this chapter. (c) Location onboard vessel; inspection of vessels subject to jurisdiction of the United States A ship required by the MARPOL Protocol to have a certificate (1) shall carry a valid certificate onboard in the manner prescribed by the authority issuing the certificate; and (2) is subject to inspection while in a port or terminal under the jurisdiction of the United States. (d) Onboard inspections; other Federal inspection authority unaffected An inspection conducted under subsection (c)(2) of this section is limited to verifying whether or not a valid certificate is onboard, unless clear grounds exist which reasonably indicate that the condition of the ship or its equipment does not substantially agree with the particulars of its certificate. This section shall not limit the authority of any official or employee of the United States under any other treaty, law, or regulation to board and inspect a ship or its equipment. (e) Detention orders; duration of detention; shipyard option In addition to the penalties prescribed in section 1908 of this title (1) which does not have a valid certificate onboard; or (2) whose condition or whose equipments condition does not substantially agree with the particulars of the certificate onboard; shall be detained by order of the Secretary at the port or terminal where the violation is discovered until, in the opinion of the Secretary, the ship can proceed to sea without presenting an unreasonable threat of harm to the marine environment or the public health and welfare. The detention order may authorize the ship to proceed to the nearest appropriate available shipyard rather than remaining at the place where the violation was discovered. (f) Ship clearance; refusal or revocation If a ship is under a detention order under this section, the Secretary may refuse or revoke the clearance required by section 60105 of title 46 (g) Review of detention orders; petition; determination by Secretary A person whose ship is subject to a detention order under this section may petition the Secretary, in the manner prescribed by regulation, to review the detention order. Upon receipt of a petition under this subsection, the Secretary shall affirm, modify, or withdraw the detention order within the time prescribed by regulation. (h) Compensation for loss or damage A ship unreasonably detained or delayed by the Secretary acting under the authority of this chapter is entitled to compensation for any loss or damage suffered thereby. ( Pub. L. 96478,  5 Oct. 21, 1980 94 Stat. 2298 Pub. L. 110280,  6 July 21, 2008 122 Stat. 2614 Pub. L. 115232, div. C, title XXXV,  3548(c) Aug. 13, 2018 132 Stat. 2328  Editorial Notes Amendments 2018Subsec. (f). Pub. L. 115232 2008Subsec. (a). Pub. L. 110280,  6(1) section 1903(b)(1) of this title Subsec. (b). Pub. L. 110280,  6(2) Subsec. (e). Pub. L. 110280,  6(3) Statutory Notes and Related Subsidiaries Effective Date Subsec. (a) of this section effective Oct. 21, 1980 section 14(b) of Pub. L. 96478 section 1901 of this title  1905. Pollution reception facilities (a) Adequacy; criteria (1) The Secretary, after consultation with the Administrator of the Environmental Protection Agency, shall establish regulations setting criteria for determining the adequacy of a ports or terminals reception facilities for mixtures containing oil or noxious liquid substances and shall establish procedures whereby a person in charge of a port or terminal may request the Secretary to certify that the ports or terminals facilities for receiving the residues and mixtures containing oil or noxious liquid substance from seagoing ships are adequate. (2) The Secretary, after consulting with appropriate Federal agencies, shall establish regulations setting criteria for determining the adequacy of reception facilities for garbage at a port or terminal, and stating such additional measures and requirements as are appropriate to ensure such adequacy. Persons in charge of ports and terminals shall provide reception facilities, or ensure that such facilities are available, for receiving garbage in accordance with those regulations. (3) The Secretary and the Administrator, after consulting with appropriate Federal agencies, shall jointly prescribe regulations setting criteria for determining the adequacy of reception facilities for receiving ozone depleting substances, equipment containing such substances, and exhaust gas cleaning residues at a port or terminal, and stating any additional measures and requirements as are appropriate to ensure such adequacy. Persons in charge of ports and terminals shall provide reception facilities, or ensure that reception facilities are available, in accordance with those regulations. The Secretary and the Administrator may jointly prescribe regulations to certify, and may issue certificates to the effect, that a ports or terminals facilities for receiving ozone depleting substances, equipment containing such substances, and exhaust gas cleaning residues from ships are adequate. (b) Traffic considerations In determining the adequacy of reception facilities required by the MARPOL Protocol or the Antarctic Protocol at a port or terminal, and in establishing regulations under subsection (a) of this section, the Secretary or the Administrator may consider, among other things, the number and types of ships or seagoing ships using the port or terminal, including their principal trades. (c) Certificate; issuance; validity; inspection; review of suspension or revocation by Secretary (1) If reception facilities of a port or terminal meet the requirements of Annex I and Annex II to the Convention and the regulations prescribed under subsection (a)(1), the Secretary shall, after consultation with the Administrator of the Environmental Protection Agency, issue a certificate to that effect to the applicant. (2) (A) Subject to subparagraph (B), if reception facilities of a port or terminal meet the requirements of Annex V to the Convention and the regulations prescribed under subsection (a)(2), the Secretary may, after consultation with appropriate Federal agencies, issue a certificate to that effect to the person in charge of the port or terminal. (B) The Secretary may not issue a certificate attesting to the adequacy of reception facilities under this paragraph unless, prior to the issuance of the certificate, the Secretary conducts an inspection of the reception facilities of the port or terminal that is the subject of the certificate. (C) The Secretary may, with respect to certificates issued under this paragraph prior to October 19, 1996 (3) A certificate issued under this subsection (A) is valid for the 5-year period beginning on the date of issuance of the certificate, except that if (i) the charge for operation of the port or terminal is transferred to a person or entity other than the person or entity that is the operator on the date of issuance of the certificate (I) the certificate shall expire on the date that is 30 days after the date of the transfer; and (II) the new operator shall be required to submit an application for a certificate before a certificate may be issued for the port or terminal; or (ii) the certificate is suspended or revoked by the Secretary, the certificate shall cease to be valid; and (B) shall be available for inspection upon the request of the master, other person in charge, or agent of a ship using or intending to use the port or terminal. (4) The suspension or revocation of a certificate issued under this subsection may be appealed to the Secretary and acted on by the Secretary in the manner prescribed by regulation. (d) Publication of list of certificated ports or terminals (1) The Secretary shall maintain a list of ports or terminals with respect to which a certificate issued under this section (A) is in effect; or (B) has been revoked or suspended. (2) The Secretary shall make the list referred to in paragraph (1) available to the general public. (e) Entry; denial (1) Except in the case of force majeure, the Secretary shall deny entry to a seagoing ship required by the Convention or the Antarctic Protocol to retain onboard while at sea, residues and mixtures containing oil or noxious liquid substances, if (A) the port or terminal is one required by Annexes I and II of the Convention or Article 9 of Annex IV to the Antarctic Protocol or regulations hereunder to have adequate reception facilities; and (B) the port or terminal does not hold a valid certificate issued by the Secretary under this section. (2) The Secretary may deny the entry of a ship to a port or terminal required by the MARPOL Protocol, this chapter, or regulations prescribed under this section relating to the provision of adequate reception facilities for garbage, ozone depleting substances, equipment containing those substances, or exhaust gas cleaning residues, if the port or terminal is not in compliance with the MARPOL Protocol, this chapter, or those regulations. (f) Surveys (1) The Secretary and the Administrator are authorized to conduct surveys of existing reception facilities in the United States to determine measures needed to comply with the MARPOL Protocol or the Antarctic Protocol. (2) Not later than 18 months after October 19, 1996 ( Pub. L. 96478,  6 Oct. 21, 1980 94 Stat. 2299 Pub. L. 100220, title II,  2103 Dec. 29, 1987 101 Stat. 1461 Pub. L. 101225, title II,  201(1) Dec. 12, 1989 103 Stat. 1910 Pub. L. 104227, title II,  201(d) Oct. 2, 1996 110 Stat. 3042 Pub. L. 104324, title VIII,  801 Oct. 19, 1996 110 Stat. 3943 Pub. L. 110280,  7 July 21, 2008 122 Stat. 2614  Editorial Notes Amendments 2008Subsec. (a)(3). Pub. L. 110280,  7(1) Subsec. (b). Pub. L. 110280,  7(2) Subsec. (e)(2). Pub. L. 110280,  7(3) Subsec. (f)(1). Pub. L. 110280,  7(4) Subsec. (f)(2). Pub. L. 110280,  7(5) 1996Subsec. (b). Pub. L. 104227,  201(d)(1) Subsec. (c)(2). Pub. L. 104324,  801(a)(1) Subsec. (c)(3)(A). Pub. L. 104324,  801(a)(3) Subsec. (d). Pub. L. 104324,  801(a)(4) Subsec. (e)(1). Pub. L. 104227,  201(d)(2) Subsec. (f). Pub. L. 104324,  801(b) Pub. L. 104227,  201(d)(4) 1989Subsec. (c)(1). Pub. L. 101225 1987Subsec. (a). Pub. L. 100220,  2103(a) Subsec. (b). Pub. L. 100220,  2103(b) Subsec. (c). Pub. L. 100220,  2103(c) (1) is valid until suspended or revoked by the Secretary for cause or because of changed conditions; and (2) shall be available for inspection upon the request of the master, other person in charge, or agent of a seagoing ship using or intending to use the port or terminal. The suspension or revocation of a certificate issued under this subsection may be appealed to the Secretary and acted on by him in the manner prescribed by regulation. Subsec. (e). Pub. L. 100220,  2103(d) Statutory Notes and Related Subsidiaries Effective Date of 1987 Amendment Amendment by Pub. L. 100220 Dec. 31, 1988 section 2002(a) of Pub. L. 100220 section 1901 of this title Effective Date Subsecs. (a), (c), and (f) of this section effective Oct. 21, 1980 section 14(b) of Pub. L. 96478 section 1901 of this title  1906. Incidents involving ships (a) Requirement to report incident The master, person in charge, owner, charterer, manager, or operator of a ship involved in an incident shall report the incident in the manner prescribed by Article 8 of the Convention in accordance with regulations promulgated by the Secretary for that purpose. (b) Requirement to report discharge, probable discharge, or presence of oil The master or person in charge of (1) a ship of United States registry or nationality, or operated under the authority of the United States, wherever located; (2) another ship while in the navigable waters of the United States; or (3) a sea port or oil handling facility subject to the jurisdiction of the United States, shall report a discharge, probable discharge, or presence of oil in the manner prescribed by Article 4 of the International Convention on Oil Pollution Preparedness, Response and Cooperation, 1990 (adopted at London, November 30, 1990 ( Pub. L. 96478,  7 Oct. 21, 1980 94 Stat. 2300 Pub. L. 102241,  39 Dec. 19, 1991 105 Stat. 2225  Editorial Notes Amendments 1991 Pub. L. 102241 (a) As soon as he has knowledge of an incident, the master or other person in charge of a ship shall report it to the Secretary in the manner prescribed by Article 8 of the Convention. (b) Upon receipt of the report of an incident involving a ship, other than one of United States registry or nationality or one operated under the authority of the United States, the Secretary shall take the action required by Article 8 of the Convention.  1907. Violations (a) General prohibition; cooperation and enforcement; detection and monitoring measures; reports; evidence It is unlawful to act in violation of the MARPOL Protocol, Annex IV to the Antarctic Protocol, this chapter, or the regulations issued thereunder. The Secretary shall cooperate with other parties to the MARPOL Protocol or to the Antarctic Protocol in the detection of violations and in enforcement of the MARPOL Protocol and Annex IV to the Antarctic Protocol. The Secretary shall use all appropriate and practical measures of detection and environmental monitoring, and shall establish adequate procedures for reporting violations and accumulating evidence. (b) Investigations; subpenas: issuance by Secretary, enforcement; action by Secretary; information to party Upon receipt of evidence that a violation has occurred, the Secretary shall cause the matter to be investigated. In any investigation under this section the Secretary may issue subpenas to require the attendance of any witness and the production of documents and other evidence. In case of refusal to obey a subpena issued to any person, the Secretary may request the Attorney General to invoke the aid of the appropriate district court of the United States to compel compliance. Upon completion of the investigation, the Secretary shall take the action required by the MARPOL Protocol or the Antarctic Protocol and whatever further action he considers appropriate under the circumstances. If the initial evidence was provided by a party to the MARPOL Protocol or the Antarctic Protocol, the Secretary, acting through the Secretary of State, shall inform that party of the action taken or proposed. (c) Ship inspections; reports to Secretary; additional action (1) This subsection applies to inspections relating to possible violations of Annex I or Annex II to the Convention, of Article 3 or Article 4 of Annex IV to the Antarctic Protocol, or of this chapter by any seagoing ship referred to in section 1902(a)(2) of this title (2) While at a port or terminal subject to the jurisdiction of the United States, a ship to which the MARPOL Protocol or the Antarctic Protocol applies may be inspected by the Secretary (A) to verify whether or not the ship has discharged a harmful substance in violation of the MARPOL Protocol, Annex IV to the Antarctic Protocol, or this chapter; or (B) to comply with a request from a party to the MARPOL Protocol or the Antarctic Protocol for an investigation as to whether the ship may have discharged a harmful substance anywhere in violation of the MARPOL Protocol or Annex IV to the Antarctic Protocol. An investigation may be undertaken under this clause only when the requesting party has furnished sufficient evidence to allow the Secretary reasonably to believe that a discharge has occurred. If an inspection under this subsection indicates that a violation has occurred, the investigating officer shall forward a report to the Secretary for appropriate action. The Secretary shall undertake to notify the master of the ship concerned and, acting in coordination with the Secretary of State, shall take any additional action required by Article 6 of the Convention. (d) Garbage disposal inspections; covered ships; enforcement actions (1) The Secretary may inspect a ship referred to in section 1902(a)(3) of this title (2) If an inspection under this subsection indicates that a violation has occurred, the Secretary may undertake enforcement action under section 1908 of this title (e) Harmful substance or garbage disposal inspections; covered ships; enforcement actions (1) The Secretary may inspect at any time a ship of United States registry or nationality or operating under the authority of the United States to which the MARPOL Protocol or the Antarctic Protocol applies to verify whether the ship has discharged a harmful substance or disposed of garbage in violation of those Protocols or this chapter. (2) If an inspection under this subsection indicates that a violation of the MARPOL Protocol, of Annex IV to the Antarctic Protocol, or of this chapter has occurred the Secretary may undertake enforcement action under section 1908 of this title (f) Inspections; enforcement (1) The Secretary may inspect a ship to which this chapter applies as provided under section 1902(a)(5) of this title (2) If an inspection under this subsection or any other information indicates that a violation has occurred, the Secretary, or the Administrator in a matter referred by the Secretary, may undertake enforcement action under this section. (3) Notwithstanding subsection (b) and paragraph (2) of this subsection, the Administrator shall have all of the authorities of the Secretary, as specified in subsection (b) of this section, for the purposes of enforcing regulations 17 and 18 of Annex VI to the Convention to the extent that shoreside violations are the subject of the action and in any other matter referred to the Administrator by the Secretary. ( Pub. L. 96478,  8 Oct. 21, 1980 94 Stat. 2300 Pub. L. 100220, title II,  2104 Dec. 29, 1987 101 Stat. 1462 Pub. L. 101225, title II,  201(2) Dec. 12, 1989 103 Stat. 1910 Pub. L. 104227, title II,  201(e) Oct. 2, 1996 110 Stat. 3043 Pub. L. 110280,  8 July 21, 2008 122 Stat. 2614  Editorial Notes Amendments 2008Subsec. (f). Pub. L. 110280 1996Subsec. (a). Pub. L. 104227,  201(e)(1) Subsec. (b). Pub. L. 104227,  201(e)(3) Subsec. (c)(1). Pub. L. 104227,  201(e)(4) Subsec. (c)(2). Pub. L. 104227,  201(e)(5) Subsec. (d)(1). Pub. L. 104227,  201(e)(8) Subsec. (e)(1). Pub. L. 104227,  201(e)(9) Subsec. (e)(2). Pub. L. 104227,  201(e)(10) 1989Subsecs. (c)(1), (e)(2). Pub. L. 101225 1987Subsec. (c). Pub. L. 100220,  2104(a) Subsecs. (d) to (f). Pub. L. 100220,  2104(b) Statutory Notes and Related Subsidiaries Effective Date of 1987 Amendment Amendment by Pub. L. 100220 Dec. 31, 1988 section 2002(a) of Pub. L. 100220 section 1901 of this title  1908. Penalties for violations (a) Criminal penalties; payment for information leading to conviction A person who knowingly violates the MARPOL Protocol, Annex IV to the Antarctic Protocol, this chapter, or the regulations issued thereunder commits a class D felony. In the discretion of the Court, an amount equal to not more than 12 of such fine may be paid to the person giving information leading to conviction. (b) Civil penalties; separate violations; assessment notice; considerations affecting amount; payment for information leading to assessment of penalty A person who is found by the Secretary, or the Administrator as provided for in this chapter, after notice and an opportunity for a hearing, to have (1) violated the MARPOL Protocol, Annex IV to the Antarctic Protocol, this chapter, or the regulations issued thereunder shall be liable to the United States for a civil penalty, not to exceed $25,000 for each violation; or (2) made a false, fictitious, or fraudulent statement or representation in any matter in which a statement or representation is required to be made to the Secretary, or the Administrator as provided for in this chapter, under the MARPOL Protocol, Annex IV to the Antarctic Protocol, this chapter, or the regulations thereunder, shall be liable to the United States for a civil penalty, not to exceed $5,000 for each statement or representation. Each day of a continuing violation shall constitute a separate violation. The amount of the civil penalty shall be assessed by the Secretary, or the Administrator as provided for in this chapter or his designee, by written notice. In determining the amount of the penalty, the Secretary, or the Administrator as provided for in this chapter, shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other matters as justice may require. An amount equal to not more than 12 of such penalties may be paid by the Secretary, or the Administrator as provided for in this chapter, to the person giving information leading to the assessment of such penalties. (c) Abatement of civil penalties; collection by Attorney General The Secretary, or the Administrator as provided for in this chapter, may compromise, modify, or remit, with or without conditions, any civil penalty which is subject to assessment or which has been assessed under this section. If any person fails to pay an assessment of a civil penalty after it has become final, the Secretary, or the Administrator as provided for in this chapter, may refer the matter to the Attorney General of the United States for collection in any appropriate district court of the United States. (d) Liability in rem; district court jurisdiction A ship operated in violation of the MARPOL Protocol, Annex IV to the Antarctic Protocol, this chapter, or the regulations thereunder is liable in rem for any fine imposed under subsection (a) or civil penalty assessed pursuant to subsection (b), and may be proceeded against in the United States district court of any district in which the ship may be found. (e) Ship clearance or permits; refusal or revocation; bond or other surety If any ship subject to the MARPOL Protocol, Annex IV to the Antarctic Protocol, or this chapter, its owner, operator, or person in charge is liable for a fine or civil penalty under this section, or if reasonable cause exists to believe that the ship, its owner, operator, or person in charge may be subject to a fine or civil penalty under this section, the Secretary of the Treasury, upon the request of the Secretary, shall refuse or revoke the clearance required by section 60105 of title 46 (f) Referrals for appropriate action by foreign country Notwithstanding subsection (a), (b), or (d) of this section, if the violation is by a ship registered in or of the nationality of a country party to the MARPOL Protocol or the Antarctic Protocol, or one operated under the authority of a country party to the MARPOL Protocol or the Antarctic Protocol, the Secretary, or the Administrator as provided for in this chapter acting in coordination with the Secretary of State, may refer the matter to the government of the country of the ships registry or nationality, or under whose authority the ship is operating for appropriate action, rather than taking the actions required or authorized by this section. (g) Deposits in Abandoned Seafarers Fund Any penalty collected under subsection (a) or (b) that is not paid under that subsection to the person giving information leading to the conviction or assessment of such penalties shall be deposited in the Abandoned Seafarers Fund established under section 11113 of title 46 ( Pub. L. 96478,  9 Oct. 21, 1980 94 Stat. 2301 Pub. L. 100220, title II,  2105 Dec. 29, 1987 101 Stat. 1463 Pub. L. 101380, title IV,  4302(n) Aug. 18, 1990 104 Stat. 539 Pub. L. 103182, title VI,  688 Dec. 8, 1993 107 Stat. 2222 Pub. L. 104227, title II,  201(f) Oct. 2, 1996 110 Stat. 3043 Pub. L. 110280,  10 July 21, 2008 122 Stat. 2615 Pub. L. 113281, title III,  320(c) Dec. 18, 2014 128 Stat. 3054  Editorial Notes Codification In subsec. (e),  section 60105 of title 46 Pub. L. 109304,  18(c) Oct. 6, 2006 120 Stat. 1709 section 60105 of Title 46 Amendments 2014Subsec. (g). Pub. L. 113281 2008 Pub. L. 110280,  10(1) Subsec. (b). Pub. L. 110280,  10(2)(C) Pub. L. 110280,  10(2)(A) Subsec. (b)(2). Pub. L. 110280,  10(2)(B) Subsec. (c). Pub. L. 110280,  10(3) Subsec. (f). Pub. L. 110280,  10(4) 1996Subsec. (a). Pub. L. 104227,  201(f)(1) Subsec. (b). Pub. L. 104227,  201(f)(2) Subsec. (d). Pub. L. 104227,  201(f)(4) Subsec. (e). Pub. L. 104227,  201(f)(5) Subsec. (f). Pub. L. 104227,  201(f)(6) 1993Subsec. (e). Pub. L. 103182 section 91 of title 46 (1) the clearance required by section 91 of title 46 (2) a permit to proceed under section 313 of title 46 section 1443 of title 19 Clearance or a permit to proceed may be granted upon the filing of a bond or other surety satisfactory to the Secretary. 1990Subsec. (a). Pub. L. 101380 1987Subsec. (a). Pub. L. 100220,  2105(a)(1) Subsec. (b). Pub. L. 100220,  2105(a)(2) Subsec. (f). Pub. L. 100220,  2105(b) Statutory Notes and Related Subsidiaries Effective Date of 1990 Amendment Amendment by Pub. L. 101380 Aug. 18, 1990 section 1020 of Pub. L. 101380 section 2701 of this title Effective Date of 1987 Amendment Amendment by Pub. L. 100220 Dec. 31, 1988 section 2002(a) of Pub. L. 100220 section 1901 of this title  1909. MARPOL Protocol; proposed amendments (a) Acceptance of certain amendments by the President A proposed amendment to the MARPOL Protocol received by the United States from the Secretary-General of the International Maritime Organization pursuant to Article VI of the MARPOL Protocol, may be accepted on behalf of the United States by the President following the advice and consent of the Senate, except as provided for in subsection (b) of this section. (b) Action on certain amendments by the Secretary of State A proposed amendment to Annex I, II, V, or VI to the Convention, appendices to those Annexes, or Protocol I of the Convention received by the United States from the Secretary-General of the International Maritime Organization pursuant to Article VI of the MARPOL Protocol, may be the subject of appropriate action on behalf of the United States by the Secretary of State following consultation with the Secretary, or the Administrator as provided for in this chapter, who shall inform the Secretary of State as to what action he considers appropriate at least 30 days prior to the expiration of the period specified in Article VI of the MARPOL Protocol during which objection may be made to any amendment received. (c) Declaration of nonacceptance by the Secretary of State Following consultation with the Secretary, the Secretary of State may make a declaration that the United States does not accept an amendment proposed pursuant to Article VI of the MARPOL Protocol. ( Pub. L. 96478,  10 Oct. 21, 1980 94 Stat. 2302 Pub. L. 100220, title II,  2106 Dec. 29, 1987 101 Stat. 1463 Pub. L. 110280,  9 July 21, 2008 122 Stat. 2615  Editorial Notes Amendments 2008Subsec. (b). Pub. L. 110280 1987Subsec. (a). Pub. L. 100220,  2106(1) Subsec. (b). Pub. L. 100220,  2106(2) Statutory Notes and Related Subsidiaries Effective Date of 1987 Amendment Amendment by Pub. L. 100220 Dec. 31, 1988 section 2002(a) of Pub. L. 100220 section 1901 of this title  1910. Legal actions (a) Persons with adversely affected interests as plaintiffs; defendants Except as provided in subsection (b) of this section, any person having an interest which is, or can be, adversely affected, may bring an action on his own behalf (1) against any person alleged to be in violation of the provisions of this chapter, or regulations issued hereunder; (2) against the Secretary where there is alleged a failure of the Secretary to perform any act or duty under this chapter which is not discretionary with the Secretary; (3) against the Administrator where there is alleged a failure of the Administrator to perform any act or duty under this chapter which is not discretionary; or (4) against the Secretary of the Treasury where there is alleged a failure of the Secretary of the Treasury to take action under section 1908(e) of this title (b) Commencement conditions No action may be commenced under subsection (a) of this section (1) prior to 60 days after the plaintiff has given notice, in writing and under oath, to the alleged violator, the Secretary concerned or the Administrator, and the Attorney General; or (2) if the Secretary or the Administrator has commenced enforcement or penalty action with respect to the alleged violation and is conducting such procedures diligently. (c) Venue Any suit brought under this section shall be brought (1) in a case concerning an onshore facility or port, in the United States district court for the judicial district where the onshore facility or port is located; (2) in a case concerning an offshore facility or offshore structure under the jurisdiction of the United States, in the United States district court for the judicial district nearest the offshore facility or offshore structure; (3) in a case concerning a ship, in the United States district court for any judicial district wherein the ship or its owner or operator may be found; or (4) in any case, in the District Court for the District of Columbia. (d) Costs; attorney fees; witness fees The court, in issuing any final order in any action brought pursuant to this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party including the Federal Government. (e) Federal intervention In any action brought under this section, if the Secretary or Attorney General are not parties of record, the United States, through the Attorney General, shall have the right to intervene. ( Pub. L. 96478,  11 Oct. 21, 1980 94 Stat. 2302 Pub. L. 110280,  12 July 21, 2008 122 Stat. 2615  Editorial Notes Amendments 2008Subsec. (a)(3), (4). Pub. L. 110280,  12(1) Subsec. (b)(1). Pub. L. 110280,  12(2) Subsec. (b)(2). Pub. L. 110280,  12(3)  1911. Effect on other laws  Authorities, requirements, and remedies of this chapter supplement and neither amend nor repeal any other authorities, requirements, or remedies conferred by any other provision of law. Nothing in this chapter shall limit, deny, amend, modify, or repeal any other authority, requirement, or remedy available to the United States or any other person, except as expressly provided in this chapter. ( Pub. L. 96478,  15 Oct. 21, 1980 94 Stat. 2303 Pub. L. 110280,  11 July 21, 2008 122 Stat. 2615  Editorial Notes Amendments 2008 Pub. L. 110280  1912. International law  Any action taken under this chapter shall be taken in accordance with international law. ( Pub. L. 96478,  17 Pub. L. 100220, title II,  2108 Dec. 29, 1987 101 Stat. 1464  1913. Compliance reports (a) In general Within 1 year after the effective date of this section, and triennially thereafter, the Secretary of the department in which the Coast Guard is operating, in consultation with the Secretary of Agriculture and the Secretary of Commerce, shall report to the Congress regarding compliance with Annex V to the International Convention for the Prevention of Pollution from Ships, 1973, in United States waters and, not later than 1 year after October 19, 1996 33 U.S.C. 1901 (b) Report on inability to comply Within 3 years after the effective date of this section, the head of each Federal agency that operates or contracts for the operation of any ship referred to in section 3(b)(1)(A) of the Act to Prevent Pollution from Ships [ 33 U.S.C. 1902(b)(1)(A) (1) the technical and operational impediments to achieving that compliance; (2) an alternative schedule for achieving that compliance as rapidly as is technologically feasible; (3) the ships operated or contracted for operation by the agency for which full compliance with section 3(b)(2)(A) [ 33 U.S.C. 1902(b)(2)(A) (4) any other information which the agency head considers relevant and appropriate. (c) Congressional action Upon receipt of the compliance report under subsection (b), the Congress shall modify the applicability of Annex V to ships referred to in section 3(b)(1)(A) of the Act to Prevent Pollution from Ships [ 33 U.S.C. 1902(b)(1)(A) ( Pub. L. 100220, title II,  2201 Dec. 29, 1987 101 Stat. 1464 Pub. L. 10466, title I,  1121(c) Dec. 21, 1995 109 Stat. 724 Pub. L. 104324, title VIII,  802(a) Oct. 19, 1996 110 Stat. 3944  Editorial Notes  References in Text For effective date of this section, referred to in subsecs. (a) and (b), see section 2002 of Pub. L. 100220 section 1901 of this title The Act to Prevent Pollution from Ships, referred to in subsec. (a), is Pub. L. 96478 Oct. 21, 1980 94 Stat. 2297 section 1901 of this title Codification Section was formerly set out as a note under section 1902 of this title Section was enacted as part of the Marine Plastic Pollution Research and Control Act of 1987 and as part of the United States-Japan Fishery Agreement Approval Act of 1987, and not as part of the Act to Prevent Pollution from Ships which comprises this chapter. Amendments 1996Subsec. (a). Pub. L. 104324 October 19, 1996 33 U.S.C. 1901 1995Subsec. (a). Pub. L. 10466 Statutory Notes and Related Subsidiaries  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 section 542 of Title 6  1914. Transferred   Section, Pub. L. 100220, title II,  2203 Dec. 29, 1987 101 Stat. 1466 Pub. L. 104324, title VIII,  802(b) Oct. 19, 1996 110 Stat. 3944 Pub. L. 109449,  5(a) Dec. 22, 2006 120 Stat. 3337 section 5 of Pub. L. 109449 section 1954 of this title  1915. Repealed. Pub. L. 112213, title VI,  604(d) Dec. 20, 2012 126 Stat. 1577   Section, Pub. L. 100220, title II,  2204 Dec. 29, 1987 101 Stat. 1466 Pub. L. 104324, title VIII,  802(c) Oct. 19, 1996 110 Stat. 3945 CHAPTER 33A MARINE DEBRIS RESEARCH, PREVENTION, AND REDUCTION    Sec.  1951. Purpose.  1952. NOAA Marine Debris Program.  1953. Coast Guard program.  1954. Coordination.  1955. Federal information clearinghouse.  1956. Definitions.  1957. Relationship to Outer Continental Shelf Lands Act.  1958. Authorization of appropriations.  1959. Prioritization of marine debris in existing innovation and entrepreneurship programs.  1951. Purpose  The purpose of this chapter is to address the adverse impacts of marine debris on the United States economy, the marine environment (including waters in the jurisdiction of the United States, the high seas, and waters in the jurisdiction of other countries), and navigation safety through the identification, determination of sources, assessment, prevention, reduction, and removal of marine debris. ( Pub. L. 109449,  2 Dec. 22, 2006 120 Stat. 3333 Pub. L. 112213, title VI,  603 Dec. 20, 2012 126 Stat. 1576 Pub. L. 116224, title I,  101(1) Dec. 18, 2020 134 Stat. 1074  Editorial Notes Amendments 2020 Pub. L. 116224 2012 Pub. L. 112213 (1) to help identify, determine sources of, assess, reduce, and prevent marine debris and its adverse impacts on the marine environment and navigation safety; (2) to reactivate the Interagency Marine Debris Coordinating Committee; and (3) to develop a Federal marine debris information clearinghouse. Statutory Notes and Related Subsidiaries Short Title of 2012 Amendment Pub. L. 112213, title VI,  601 Dec. 20, 2012 126 Stat. 1576 This title [amending this section and sections 1952 to 1956 of this title, transferring section 1914 of this title section 1954 of this title Short Title Pub. L. 109449,  1 Dec. 22, 2006 120 Stat. 3333 Pub. L. 112213, title VI,  602(a) Dec. 20, 2012 126 Stat. 1576 This Act [enacting and amending this chapter] may be cited as the Marine Debris Act.  1952. NOAA Marine Debris Program (a) Establishment of Program There is established, within the National Oceanic and Atmospheric Administration, a Marine Debris Program to identify, determine sources of, assess, prevent, reduce, and remove marine debris and address the adverse impacts of marine debris on the economy of the United States, the marine environment, and navigation safety. (b) Program components The Administrator, acting through the Program and subject to the availability of appropriations, shall (1) identify, determine sources of, assess, prevent, reduce, and remove marine debris, with a focus on marine debris posing a threat to living marine resources and navigation safety; (2) provide national and regional coordination to assist States, Indian tribes, and regional organizations in the identification, determination of sources, assessment, prevention, reduction, and removal of marine debris; (3) undertake efforts to reduce the adverse impacts of lost and discarded fishing gear on living marine resources and navigation safety, including (A) research and development of alternatives to gear posing threats to the marine environment and methods for marking gear used in certain fisheries to enhance the tracking, recovery, and identification of lost and discarded gear; and (B) the development of effective nonregulatory measures and incentives to cooperatively reduce the volume of lost and discarded fishing gear and to aid in gear recovery; (4) undertake outreach and education activities for the public and other stakeholders on sources of marine debris, threats associated with marine debris, and approaches to identifying, determining sources of, assessing, preventing, reducing, and removing marine debris and its adverse impacts on the United States economy, the marine environment, and navigation safety, including outreach and education activities through public-private initiatives; (5) develop, in consultation with the Interagency Committee, interagency plans for the timely response to events determined by the Administrator to be severe marine debris events, including plans to (A) coordinate across agencies and with relevant State, tribal, and local governments to ensure adequate, timely, and efficient response; (B) assess the composition, volume, and trajectory of marine debris associated with a severe marine debris event; and (C) estimate the potential impacts of a severe marine debris event, including economic impacts on human health, navigation safety, natural resources, tourism, and livestock, including aquaculture; (6) work to develop outreach and education strategies with other Federal agencies to address sources of marine debris; (7) except for discharges of marine debris from vessels, in consultation with the Department of State and other Federal agencies, promote international action, as appropriate, to reduce the incidence of marine debris, including providing technical assistance to expand waste management systems internationally; and (8) in the case of an event determined to be a severe marine debris event under subsection (c) (A) assist in the cleanup and response required by the severe marine debris event; or (B) conduct such other activity as the Administrator determines is appropriate in response to the severe marine debris event. (c) Severe marine debris events At the discretion of the Administrator or at the request of the Governor of an affected State, the Administrator shall determine whether there is a severe marine debris event. (d) Grants, cooperative agreements, and contracts (1) In general The Administrator, acting through the Program, shall enter into cooperative agreements and contracts and provide financial assistance in the form of grants for projects to accomplish the purpose set forth in section 1951 of this title (2) Grant cost sharing requirement (A) In general Except as provided in subparagraphs (B) and (C), Federal funds for any grant under this section may not exceed 50 percent of the total cost of such project. For purposes of this subparagraph, the non-Federal share of project costs may be provided by in-kind contributions and other noncash support. (B) Waiver The Administrator may waive all or part of the matching requirement under subparagraph (A) if the Administrator determines that no reasonable means are available through which applicants can meet the matching requirement and the probable benefit of such project outweighs the public interest in such matching requirement. (C) Severe marine debris events Notwithstanding subparagraph (A), the Federal share of the cost of an activity carried out under a determination made under subsection (c) shall be (i) 100 percent of the cost of the activity, for an activity funded wholly by funds made available by a person, including the government of a foreign country, to the Federal Government for the purpose of responding to a severe marine debris event; or (ii) 75 percent of the cost of the activity, for any activity other than an activity funded as described in clause (i). (3) Amounts paid and services rendered under consent (A) Consent decrees and orders If authorized by the Administrator or the Attorney General, as appropriate, the non-Federal share of the cost of a project carried out under this chapter may include money paid pursuant to, or the value of any in-kind service performed under, an administrative order on consent or judicial consent decree that will remove or prevent marine debris. (B) Other decrees and orders The non-Federal share of the cost of a project carried out under this chapter may not include any money paid pursuant to, or the value of any in-kind service performed under, any other administrative order or court order. (4) Eligibility Any State, local, or tribal government whose activities affect research or regulation of marine debris, and any institution of higher education, nonprofit organization, or commercial organization with expertise in a field related to marine debris, is eligible to submit to the Administrator a marine debris proposal under the grant program. (5) Project review and approval The Administrator shall (A) review each marine debris project proposal to determine if it meets the grant criteria and supports the goals of this chapter; (B) after considering any written comments and recommendations based on the review, approve or disapprove the proposal; and (C) provide notification of that approval or disapproval to the person who submitted the proposal. (6) Project reporting Each grantee under this section shall provide periodic reports as required by the Administrator. Each report shall include all information required by the Administrator for evaluating the progress and success in meeting its stated goals, and impact of the grant activities on the marine debris problem. ( Pub. L. 109449,  3 Dec. 22, 2006 120 Stat. 3333 Pub. L. 112213, title VI,  604(a) Dec. 20, 2012 126 Stat. 1576 Pub. L. 115265, title I,  101 Oct. 11, 2018 132 Stat. 3742  Editorial Notes Amendments 2018Subsec. (b)(6) to (8). Pub. L. 115265,  101(1) Subsecs. (c), (d). Pub. L. 115265,  101(2) Subsec. (d)(2)(A). Pub. L. 115265,  101(4)(A) Subsec. (d)(2)(C). Pub. L. 115265,  101(4)(B) 2012 Pub. L. 112213,  604(a)(1) Subsec. (a). Pub. L. 112213,  604(a)(2) Subsec. (b). Pub. L. 112213,  604(b) Subsec. (c)(1). Pub. L. 112213,  604(c)(1) Subsec. (c)(5) to (7). Pub. L. 112213,  604(c)(2) Dec. 22, 2006  1953. Coast Guard program The Commandant of the Coast Guard, in consultation with the Interagency Committee, shall (1) take actions to reduce violations of and improve implementation of MARPOL Annex V and the Act to Prevent Pollution from Ships ( 33 U.S.C. 1901 (2) take actions to cost-effectively monitor and enforce compliance with MARPOL Annex V and the Act to Prevent Pollution from Ships ( 33 U.S.C. 1901 (3) take actions to improve compliance with requirements under MARPOL Annex V and section 6 of the Act to Prevent Pollution from Ships ( 33 U.S.C. 1905 (4) develop and implement a plan, in coordination with industry and recreational boaters, to improve ship-board waste management, including recordkeeping, and access to waste reception facilities for ship-board waste; (5) take actions to improve international cooperation to reduce marine debris; and (6) establish a voluntary reporting program for commercial vessel operators and recreational boaters to report incidents of damage to vessels and disruption of navigation caused by marine debris, and observed violations of laws and regulations relating to the disposal of plastics and other marine debris. ( Pub. L. 109449,  4 Dec. 22, 2006 120 Stat. 3335 Pub. L. 112213, title VI,  605 Dec. 20, 2012 126 Stat. 1578  Editorial Notes  References in Text The Act to Prevent Pollution from Ships, referred to in pars. (1) and (2), is Pub. L. 96478 Oct. 21, 1980 94 Stat. 2297 section 1901 of this title Amendments 2012 Pub. L. 112213  1954. Coordination (a) Establishment of Interagency Marine Debris Coordinating Committee There is established an Interagency Marine Debris Coordinating Committee to coordinate a comprehensive program of marine debris research and activities among Federal agencies, in cooperation and coordination with non-governmental organizations, industry, universities, and research institutions, States, Indian tribes, and other nations, as appropriate. (b) Membership The Committee shall include a senior official from (1) the National Oceanic and Atmospheric Administration, who shall serve as the Chairperson of the Committee; (2) the Environmental Protection Agency; (3) the United States Coast Guard; (4) the United States Navy; (5) the Department of State; (6) the Department of the Interior; and (7) such other Federal agencies that have an interest in ocean issues or water pollution prevention and control as the Secretary of Commerce determines appropriate. (c) Meetings The Committee shall meet at least twice a year to provide a public, interagency forum to ensure the coordination of national and international research, monitoring, education, and regulatory actions addressing the persistent marine debris problem. (d) Monitoring The Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, in cooperation with the Administrator of the Environmental Protection Agency, shall utilize the marine debris data derived under title V of the Marine Protection, Research, and Sanctuaries Act of 1972 ( 33 U.S.C. 2801 (1) the Committee in ensuring coordination of research, monitoring, education and regulatory actions; and (2) the United States Coast Guard in assessing the effectiveness of the Marine Plastic Pollution Research and Control Act of 1987 and the Act to Prevent Pollution from Ships [ 33 U.S.C. 1901 33 U.S.C. 1913 (e) Biennial progress reports Biennially, the Committee, through the Chairperson, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure and the Committee on Natural Resources of the House of Representatives a report that evaluates United States and international progress in meeting the purpose of this chapter. The report shall include (1) the status of implementation of any recommendations and strategies of the Committee and analysis of their effectiveness; (2) a summary of the marine debris inventory to be maintained by the National Oceanic and Atmospheric Administration; (3) a review of the National Oceanic and Atmospheric Administration program authorized by section 1952 of this title (4) a review of Coast Guard programs and accomplishments relating to marine debris removal, including enforcement and compliance with MARPOL requirements; and (5) estimated Federal and non-Federal funding provided for marine debris and recommendations for priority funding needs. ( Pub. L. 109449,  5 Pub. L. 100220, title II,  2203 Dec. 29, 1987 101 Stat. 1466 Pub. L. 104324, title VIII,  802(b) Oct. 19, 1996 110 Stat. 3944 Pub. L. 109449,  5(a) Dec. 22, 2006 120 Stat. 3337 Pub. L. 109449,  5 Pub. L. 112213, title VI,  606(a)(1) Dec. 20, 2012 126 Stat. 1578 Pub. L. 115265, title I,  104 Oct. 11, 2018 132 Stat. 3744  Editorial Notes  References in Text The Marine Protection, Research, and Sanctuaries Act of 1972, referred to in subsec. (d), is Pub. L. 92532 Oct. 23, 1972 86 Stat. 1052 section 2801 of this title The Marine Plastic Pollution Research and Control Act of 1987, referred to in subsec. (d)(2), is Pub. L. 100220, title II Dec. 29, 1987 101 Stat. 1460 section 1901 of this title The Act to Prevent Pollution from Ships, referred to in subsec. (d)(2), is Pub. L. 96478 Oct. 21, 1980 94 Stat. 2297 section 1901 of this title Codification Former section 1954(c)(2) of this title Pub. L. 112213, title VI,  606(b)(1) Dec. 20, 2012 126 Stat. 1578 Pub. L. 109449,  5(c)(2) Dec. 22, 2006 120 Stat. 3338 Section was formerly section 2203 of Pub. L. 100220 section 1914 of this title Prior Provisions A prior section 5 of Pub. L. 109449 Dec. 22, 2006 120 Stat. 3337 Pub. L. 112213, title VI,  606(a)(1) Dec. 20, 2012 126 Stat. 1578 section 5 of Pub. L. 109449 section 2203 of Pub. L. 100220 section 5 of Pub. L. 109449 Pub. L. 112213 Amendments 2018Subsec. (b)(5) to (7). Pub. L. 115265 2012Subsec. (d)(2). Pub. L. 112213,  606(a)(2) Subsec. (e). Pub. L. 112213,  606(b)(2) December 22, 2006 Pub. L. 112213,  606(b)(1) section 1954 of this title 2006Subsec. (a). Pub. L. 109449,  5(a)(1) Subsec. (c). Pub. L. 109449,  5(a)(2) 1996 Pub. L. 104324 September 30, 1988 (1) identify and quantify the harmful effects of plastic materials on the marine environment; (2) assess the specific effects of plastic materials on living marine resources in the marine environment; (3) identify the types and classes of plastic materials that pose the greatest potential hazard to living marine resources; (4) analyze, in consultation with the Director of the National Bureau of Standards, plastic materials which are claimed to be capable of reduction to environmentally benign submits under the action of normal environmental forces (including biological decomposition, photodegradation, and hydrolysis); and (5) recommend legislation which is necessary to prohibit, tax, or regulate sources of plastic materials that enter the marine environment. Statutory Notes and Related Subsidiaries  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 section 542 of Title 6  1955. Federal information clearinghouse The Administrator, in coordination with the Interagency Committee, shall (1) maintain a Federal information clearinghouse on marine debris that will be available to researchers and other interested persons to improve marine debris source identification, data sharing, and monitoring efforts through collaborative research and open sharing of data; and (2) take the necessary steps to ensure the confidentiality of such information (especially proprietary information), for any information required by the Administrator to be submitted under this section. ( Pub. L. 109449,  6 Dec. 22, 2006 120 Stat. 3338 Pub. L. 112213, title VI,  607 Dec. 20, 2012 126 Stat. 1578  Editorial Notes Amendments 2012Par. (2). Pub. L. 112213  1956. Definitions In this chapter: (1) Administrator The term Administrator means the Administrator of the National Oceanic and Atmospheric Administration. (2) Interagency Committee The term Interagency Committee means the Interagency Marine Debris Coordinating Committee established under section 1954 of this title (3) Marine debris The term marine debris means any persistent solid material that is manufactured or processed and directly or indirectly, intentionally or unintentionally, disposed of or abandoned into the marine environment or the Great Lakes. (4) MARPOL; Annex V; Convention The terms MARPOL, Annex V, and Convention have the meaning given those terms under section 1901(a) of this title (5) Program The term Program means the Marine Debris Program established under section 1952 of this title (6) Severe marine debris event The term severe marine debris event means atypically large amounts of marine debris caused by a natural disaster, including a tsunami, flood, landslide, or hurricane, or other source. (7) State The term State means (A) any State of the United States that is impacted by marine debris within its seaward or Great Lakes boundaries; (B) the District of Columbia; (C) American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands; and (D) any other territory or possession of the United States, or separate sovereign in free association with the United States, that is impacted by marine debris within its seaward boundaries. ( Pub. L. 109449,  7 Dec. 22, 2006 120 Stat. 3338 Pub. L. 112213, title VI,  608 Dec. 20, 2012 126 Stat. 1578  Editorial Notes Amendments 2012Par. (2). Pub. L. 112213,  608(1) section 1954 of this title section 1914 of this title Par. (3). Pub. L. 112213,  608(2) March 10, 1983 June 1, 1990 Par. (5). Pub. L. 112213,  608(3) Par. (6). Pub. L. 112213,  608(6) December 27, 1988 Pars. (7), (8). Pub. L. 112213,  608(7)  1957. Relationship to Outer Continental Shelf Lands Act  Nothing in this chapter supersedes, or limits the authority of the Secretary of the Interior under, the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 ( Pub. L. 109449,  8 Dec. 22, 2006 120 Stat. 3339  Editorial Notes  References in Text This chapter, referred to in text, was in the original this Act, meaning Pub. L. 109449 Dec. 22, 2006 120 Stat. 3333 section 1951 of this title The Outer Continental Shelf Lands Act, referred to in text, is act Aug. 7, 1953, ch. 345 67 Stat. 462 section 1301 of Title 43  1958. Authorization of appropriations (a) In general There is authorized to be appropriated to the Administrator $15,000,000 for fiscal year 2023 for carrying out sections 1952, 1954, and 1955 of this title, of which not more than 7 percent is authorized for each fiscal year for administrative costs. (b) Amounts authorized for Coast Guard Of the amounts authorized for each fiscal year under section 4902(1) of title 14 section 1953 of this title ( Pub. L. 109449,  9 Dec. 22, 2006 120 Stat. 3339 Pub. L. 115265, title I,  105 Oct. 11, 2018 132 Stat. 3744 Pub. L. 116224, title I,  101(2) Dec. 18, 2020 134 Stat. 1074 Pub. L. 117263, div. K, title CXIII,  11328(b) Dec. 23, 2022 136 Stat. 4098  Editorial Notes Amendments 2022Subsec. (a). Pub. L. 117263,  11328(b)(1) Subsec. (b). Pub. L. 117263,  11328(b)(2) 2020Subsec. (a). Pub. L. 116224 2018 Pub. L. 115265 (1) to the Administrator for carrying out sections 1952 and 1955 of this title, $10,000,000, of which no more than 10 percent may be for administrative costs; and (2) to the Secretary of the Department in which the Coast Guard is operating, for the use of the Commandant of the Coast Guard in carrying out section 1953 of this title  1959. Prioritization of marine debris in existing innovation and entrepreneurship programs In carrying out any relevant innovation and entrepreneurship programs that improve the innovation, effectiveness, and efficiency of the Marine Debris Program established under section 1952 of this title (1) increasing innovation in methods and the effectiveness of efforts to identify, determine sources of, assess, prevent, reduce, and remove marine debris; and (2) addressing the impacts of marine debris on (A) the economy of the United States; (B) the marine environment; and (C) navigation safety. ( Pub. L. 109449,  10 Pub. L. 116224, title I,  101(3) Dec. 18, 2020 134 Stat. 1075 CHAPTER 34 INLAND NAVIGATIONAL RULES    SUBCHAPTER IRULES  2001 2038. Repealed.  SUBCHAPTER IIMISCELLANEOUS PROVISIONS  2071. Inland navigation rules.  2072. Violations of Inland Navigational Rules.  2073. Repealed. SUBCHAPTER I RULES  2001 to 2038. Repealed. Pub. L. 108293, title III,  303(a) Aug. 9, 2004 118 Stat. 1042   Section 2001, Pub. L. 96591,  2 Dec. 24, 1980 94 Stat. 3415 Pub. L. 102241,  21(1) Dec. 19, 1991 105 Stat. 2217 Pub. L. 102587, title V,  5206[(1)] Nov. 4, 1992 106 Stat. 5074  Section 2002, Pub. L. 96591,  2 Dec. 24, 1980 94 Stat. 3416  Section 2003, Pub. L. 96591,  2 Dec. 24, 1980 94 Stat. 3416 Pub. L. 100448,  14(1) Sept. 28, 1988 102 Stat. 1844  Section 2004, Pub. L. 96591,  2 Dec. 24, 1980 94 Stat. 3417  Section 2005, Pub. L. 96591,  2 Dec. 24, 1980 94 Stat. 3418  Section 2006, Pub. L. 96591,  2 Dec. 24, 1980 94 Stat. 3418  Section 2007, Pub. L. 96591,  2 Dec. 24, 1980 94 Stat. 3418  Section 2008, Pub. L. 96591,  2 Dec. 24, 1980 94 Stat. 3419 Pub. L. 102241,  21(2) Dec. 19, 1991 105 Stat. 2217  Section 2009, Pub. L. 96591,  2 Dec. 24, 1980 94 Stat. 3419 Pub. L. 104324, title VII,  701(1) Oct. 19, 1996 110 Stat. 3932  Section 2010, Pub. L. 96591,  2 Dec. 24, 1980 94 Stat. 3420 Pub. L. 102587, title V,  5206(2) Nov. 4, 1992 106 Stat. 5074  Section 2011, Pub. L. 96591,  2 Dec. 24, 1980 94 Stat. 3420  Section 2012, Pub. L. 96591,  2 Dec. 24, 1980 94 Stat. 3420  Section 2013, Pub. L. 96591,  2 Dec. 24, 1980 94 Stat. 3420  Section 2014, Pub. L. 96591,  2 Dec. 24, 1980 94 Stat. 3421 Pub. L. 98557,  16(c) Oct. 30, 1984 98 Stat. 2867  Section 2015, Pub. L. 96591,  2 Dec. 24, 1980 94 Stat. 3421 Pub. L. 104324, title VII,  701(2) Oct. 19, 1996 110 Stat. 3932  Section 2016, Pub. L. 96591,  2 Dec. 24, 1980 94 Stat. 3421  Section 2017, Pub. L. 96591,  2 Dec. 24, 1980 94 Stat. 3421  Section 2018, Pub. L. 96591,  2 Dec. 24, 1980 94 Stat. 3422  Section 2019, Pub. L. 96591,  2 Dec. 24, 1980 94 Stat. 3422  Section 2020, Pub. L. 96591,  2 Dec. 24, 1980 94 Stat. 3423  Section 2021, Pub. L. 96591,  2 Dec. 24, 1980 94 Stat. 3423  Section 2022, Pub. L. 96591,  2 Dec. 24, 1980 94 Stat. 3424  Section 2023, Pub. L. 96591,  2 Dec. 24, 1980 94 Stat. 3424 Pub. L. 104324, title VII,  701(3) Oct. 19, 1996 110 Stat. 3932  Section 2024, Pub. L. 96591,  2 Dec. 24, 1980 94 Stat. 3425 Pub. L. 98557,  16(b)(1) Oct. 30, 1984 98 Stat. 2866 Pub. L. 104324, title VII,  701(4) Oct. 19, 1996 110 Stat. 3932  Section 2025, Pub. L. 96591,  2 Dec. 24, 1980 94 Stat. 3426  Section 2026, Pub. L. 96591,  2 Dec. 24, 1980 94 Stat. 3427 Pub. L. 104324, title VII,  701(5) Oct. 19, 1996 110 Stat. 3933  Section 2027, Pub. L. 96591,  2 Dec. 24, 1980 94 Stat. 3427 Pub. L. 100448,  14(2) Sept. 28, 1988 102 Stat. 1844  Section 2028 was reserved for Rule 28.  Section 2029, Pub. L. 96591,  2 Dec. 24, 1980 94 Stat. 3428  Section 2030, Pub. L. 96591,  2 Dec. 24, 1980 94 Stat. 3429  Section 2031, Pub. L. 96591,  2 Dec. 24, 1980 94 Stat. 3429  Section 2032, Pub. L. 96591,  2 Dec. 24, 1980 94 Stat. 3429  Section 2033, Pub. L. 96591,  2 Dec. 24, 1980 94 Stat. 3430  Section 2034, Pub. L. 96591,  2 Dec. 24, 1980 94 Stat. 3430 Pub. L. 104324, title VII,  701(6) Oct. 19, 1996 110 Stat. 3933  Section 2035, Pub. L. 96591,  2 Dec. 24, 1980 94 Stat. 3431  Section 2036, Pub. L. 96591,  2 Dec. 24, 1980 94 Stat. 3432  Section 2037, Pub. L. 96591,  2 Dec. 24, 1980 94 Stat. 3432  Section 2038, Pub. L. 96591,  2 Dec. 24, 1980 94 Stat. 3432 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 108293, title III,  303(a) Aug. 9, 2004 118 Stat. 1042 section 2071 of this title May 17, 2010 Apr. 15, 2010 Short Title Pub. L. 96591,  1 Dec. 24, 1980 94 Stat. 3415 That this Act [enacting this chapter, amending sections 151, 1604, 1605, and 1608 of this title, repealing sections 154 to 159, 171 to 183, 191, 192, 201 to 213, 221, 222, 231, 232, 241 to 244, 251 to 262, 271, 272, 281 to 295, 301 to 303, 311 to 323, 331, 341 to 356, 360, and 360a of this title and sections 526b, 526c, and 526d of former Title 46, Shipping, and enacting provisions set out as notes under this section] may be cited as the Inland Navigational Rules Act of 1980. SUBCHAPTER II MISCELLANEOUS PROVISIONS  2071. Inland navigation rules  The Secretary of the Department in which the Coast Guard is operating may issue inland navigation regulations applicable to all vessels upon the inland waters of the United States and technical annexes that are as consistent as possible with the respective annexes to the International Regulations. ( Pub. L. 96591,  3 Dec. 24, 1980 94 Stat. 3433 Pub. L. 108293, title III,  303(b) Aug. 9, 2004 118 Stat. 1042  Editorial Notes  References in Text The International Regulations, referred to in text, came into effect pursuant to the Convention on the International Regulations for Preventing Collisions at Sea, 1972. See International Regulations for Preventing Collisions at Sea, 1972 note under section 1602 of this title Amendments 2004 Pub. L. 108293  2072. Violations of Inland Navigational Rules (a) Liability of operator for civil penalty Whoever operates a vessel in violation of this chapter, or of any regulation issued thereunder, or in violation of a certificate of alternative compliance issued under Rule 1 is liable to a civil penalty of not more than $5,000 for each violation. (b) Liability of vessel for civil penalty; seizure of vessel Every vessel subject to this chapter, other than a public vessel being used for noncommercial purposes, that is operated in violation of this chapter, or of any regulation issued thereunder, or in violation of a certificate of alternative compliance issued under Rule 1 is liable to a civil penalty of not more than $5,000 for each violation, for which penalty the vessel may be seized and proceeded against in the district court of the United States of any district within which the vessel may be found. (c) Assessment of civil penalty by Secretary; collection The Secretary may assess any civil penalty authorized by this section. No such penalty may be assessed until the person charged, or the owner of the vessel charged, as appropriate, shall have been given notice of the violation involved and an opportunity for a hearing. For good cause shown, the Secretary may remit, mitigate, or compromise any penalty assessed. Upon the failure of the person charged, or the owner of the vessel charged, to pay an assessed penalty, as it may have been mitigated or compromised, the Secretary may request the Attorney General to commence an action in the appropriate district court of the United States for collection of the penalty as assessed, without regard to the amount involved, together with such other relief as may be appropriate. (d) Withholding of clearance (1) If any owner, operator, or individual in charge of a vessel is liable for a penalty under this section, or if reasonable cause exists to believe that the owner, operator, or individual in charge may be subject to a penalty under this section, the Secretary of the Treasury, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 60105 of title 46 (2) Clearance or a permit refused or revoked under this subsection may be granted upon filing of a bond or other surety satisfactory to the Secretary. ( Pub. L. 96591,  4 Dec. 24, 1980 94 Stat. 3433 Pub. L. 104324, title III,  312(c) Oct. 19, 1996 110 Stat. 3920  Editorial Notes  References in Text Rule 1, referred to in pars. (a) and (b), was classified to section 2001 of this title Pub. L. 108293, title III,  303(a) Aug. 9, 2004 118 Stat. 1042 May 17, 2010 Codification In subsec. (d)(1),  section 60105 of title 46 Pub. L. 109304,  18(c) Oct. 6, 2006 120 Stat. 1709 section 60105 of Title 46 Amendments 1996Par. (d). Pub. L. 104324 section 91 of title 46 Statutory Notes and Related Subsidiaries Effective Date Section effective 12 months after Dec. 24, 1981 section 7 of Pub. L. 96591 section 1604 of this title  2073. Repealed. Pub. L. 115282, title VI,  601(c)(5) Dec. 4, 2018 132 Stat. 4290   Section, Pub. L. 96591,  5 Dec. 24, 1980 94 Stat. 3434 Pub. L. 97322, title I,  118(c) Oct. 15, 1982 96 Stat. 1586 Pub. L. 98557,  16(b)(2) Oct. 30, 1984 98 Stat. 2866 Pub. L. 101225, title I,  105(a)(1) Dec. 12, 1989 103 Stat. 1909 Pub. L. 104324, title III,  304(a) Oct. 19, 1996 110 Stat. 3917 Pub. L. 107295, title III,  334 Nov. 25, 2002 116 Stat. 2105 Pub. L. 108293, title IV,  418(e) Aug. 9, 2004 118 Stat. 1049 Pub. L. 111281, title VI,  621(f) Oct. 15, 2010 124 Stat. 2977 section 15107 of Title 46 CHAPTER 35 ARTIFICIAL REEFS    Sec.  2101. Congressional statement of findings and purpose.  2102. Establishment of standards.  2103. National artificial reef plan.  2104. Permits for construction and management of artificial reefs.  2105. Definitions.  2106. Savings clauses.  2101. Congressional statement of findings and purpose (a) The Congress finds that (1) although fishery products provide an important source of protein and industrial products for United States consumption, United States fishery production annually falls far short of satisfying United States demand; (2) overfishing and the degradation of vital fishery resource habitats have caused a reduction in the abundance and diversity of United States fishery resources; (3) escalated energy costs have had a negative effect on the economics of United States commercial and recreational fisheries; (4) commercial and recreational fisheries are a prominent factor in United States coastal economies and the direct and indirect returns to the United States economy from commercial and recreational fishing expenditures are threefold; and (5) properly designed, constructed, and located artificial reefs in waters covered under this chapter can enhance the habitat and diversity of fishery resources; enhance United States recreational and commercial fishing opportunities; increase the production of fishery products in the United States; increase the energy efficiency of recreational and commercial fisheries; and contribute to the United States and coastal economies. (b) The purpose of this chapter is to promote and facilitate responsible and effective efforts to establish artificial reefs in waters covered under this chapter. ( Pub. L. 98623, title II,  202 Nov. 8, 1984 98 Stat. 3394  Editorial Notes  References in Text This chapter, referred to in text, was in the original this title, meaning title II of Pub. L. 98623 section 1220d of Title 16 Statutory Notes and Related Subsidiaries Short Title Pub. L. 98623, title II,  201 Nov. 8, 1984 98 Stat. 3394 This title [enacting this chapter and section 1220d of Title 16  2102. Establishment of standards Based on the best scientific information available, artificial reefs in waters covered under this chapter shall be sited and constructed, and subsequently monitored and managed in a manner which will (1) enhance fishery resources to the maximum extent practicable; (2) facilitate access and utilization by United States recreational and commercial fishermen; (3) minimize conflicts among competing uses of waters covered under this chapter and the resources in such waters; (4) minimize environmental risks and risks to personal health and property; and (5) be consistent with generally accepted principles of international law and shall not create any unreasonable obstruction to navigation. ( Pub. L. 98623, title II,  203 Nov. 8, 1984 98 Stat. 3395  2103. National artificial reef plan Not later than one year after November 8, 1984 1 1 section 2102 of this title (1) geographic, hydrographic, geologic, biological, ecological, social, economic, and other criteria for siting artificial reefs; (2) design, material, and other criteria for constructing artificial reefs; (3) mechanisms and methodologies for monitoring the compliance of artificial reefs with the requirements of permits issued under section 2104 of this title (4) mechanisms and methodologies for managing the use of artificial reefs; (5) a synopsis of existing information on artificial reefs and needs for further research on artificial reef technology and management strategies; and (6) an evaluation of alternatives for facilitating the transfer of artificial reef construction materials to persons holding permits issued pursuant to section 2104 of this title ( Pub. L. 98623, title II,  204 Nov. 8, 1984 98 Stat. 3395  Statutory Notes and Related Subsidiaries  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 section 542 of Title 6  2104. Permits for construction and management of artificial reefs (a) Secretarial action on permits In issuing a permit for artificial reefs under section 403 of this title section 1344 of this title section 1333(e) of title 43 (1) consult with and consider the views of appropriate Federal agencies, States, local governments, and other interested parties; (2) ensure that the provisions for siting, constructing, monitoring, and managing the artificial reef are consistent with the criteria and standards established under this chapter; (3) ensure that the title to the artificial reef construction material is unambiguous, and that responsibility for maintenance and the financial ability to assume liability for future damages are clearly established; and (4) consider the plan developed under section 2103 of this title (b) Terms and conditions of permits (1) Each permit issued by the Secretary subject to this section shall specify the design and location for construction of the artificial reef and the types and quantities of materials that may be used in constructing such artificial reef. In addition, each such permit shall specify such terms and conditions for the construction, operation, maintenance, monitoring, and managing the use of the artificial reef as are necessary for compliance with all applicable provisions of law and as are necessary to ensure the protection of the environment and human safety and property. (2) Before issuing a permit under section 1342 of this title (c) Liability of permittee (1) A person to whom a permit is issued in accordance with subsection (a) and any insurer of that person shall not be liable for damages caused by activities required to be undertaken under any terms and conditions of the permit, if the permittee is in compliance with such terms and conditions. (2) A person to whom a permit is issued in accordance with subsection (a) and any insurer of that person shall be liable, to the extent determined under applicable law, for damages to which paragraph (1) does not apply. (3) The Secretary may not issue a permit subject to this section to a person unless that person demonstrates to the Secretary the financial ability to assume liability for all damages that may arise with respect to an artificial reef and for which such permittee may be liable. (4) Any person who has transferred title to artificial reef construction materials to a person to whom a permit is issued in accordance with subsection (a) shall not be liable for damages arising from the use of such materials in an artificial reef, if such materials meet applicable requirements of the plan published under section 2103 of this title (d) Liability of the United States Nothing in this chapter creates any liability on the part of the United States. (e) Civil penalty Any person who, after notice and an opportunity for a hearing, is found to have violated any provision of a permit issued in accordance with subsection (a) shall be liable to the United States for a civil penalty, not to exceed $10,000 for each violation. The amount of the civil penalty shall be assessed by the Secretary by written notice. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the violation. The Secretary may compromise, modify, or remit with or without conditions, any civil penalty which is subject to imposition or which has been imposed under this section. If any person fails to pay an assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General for collection. ( Pub. L. 98623, title II,  205 Nov. 8, 1984 98 Stat. 3396  2105. Definitions For purposes of this chapter (1) The term artificial reef means a structure which is constructed or placed in waters covered under this chapter for the purpose of enhancing fishery resources and commercial and recreational fishing opportunities. (2) The term State means a State of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, American Samoa, Guam, Johnston Island, Midway Island, and Wake Island. (3) The term waters covered under this chapter means the navigable waters of the United States and the waters superjacent to the Outer Continental Shelf as defined in section 1331 of title 43 ( Pub. L. 98623, title II,  206 Nov. 8, 1984 98 Stat. 3397  2106. Savings clauses (a) Tennessee Valley Authority jurisdiction Nothing in this chapter shall be construed as replacing or superseding section 831y1 of title 16 (b) State jurisdiction Nothing in this chapter shall be construed as extending or diminishing the jurisdiction or authority of any State over the siting, construction, monitoring, or managing of artificial reefs within its boundaries. ( Pub. L. 98623, title II,  208 Nov. 8, 1984 98 Stat. 3398 CHAPTER 36 WATER RESOURCES DEVELOPMENT    Sec.  2201. Secretary defined.  2202. Non-Federal engagement and review.  2203. Review of contracting policies.  SUBCHAPTER ICOST SHARING  2211. Harbors.  2211a. Preserving United States harbors.  2212. Inland waterway transportation.  2213. Flood control and other purposes.  2213a. Treatment of certain benefits and costs.  2214. General credit for flood control.  2215. Feasibility studies; planning, engineering, and design.  2216. Rate of interest.  2217. Limitation on applicability of certain provisions in reports.  2218. General applicability of cost sharing.  2219. Definitions.  2220. Rivers and harbors and other waterways projects for benefit of navigation, flood control, hurricane protection, beach erosion control, and other purposes.  2221. Cost limitations on projects.  2222. Use of other Federal funds.  2223. Transfer of excess credit.  2224. Crediting authority for federally authorized navigation projects.  2225. Credit or reimbursement.  2226. Water resources projects on Federal land.  2227. Clarification of impacts to other Federal facilities.  SUBCHAPTER IIHARBOR DEVELOPMENT  2231. Study of water resources development projects by non-Federal interests.  2232. Construction of water resources development projects by non-Federal interests.  2233. Coordination and scheduling of Federal, State, and local actions.  2234. Nonapplicability to Saint Lawrence Seaway.  2235. Construction in usable increments.  2236. Port or harbor dues.  2237. Information for national security.  2238. Authorization of appropriations.  2238a. Estimate of harbor maintenance needs.  2238b. Funding for harbor maintenance programs.  2238b1. Budgetary treatment expansion and adjustment for the Harbor Maintenance Trust Fund.  2238c. Additional measures at donor ports and energy transfer ports.  2238d. Maintenance of harbors of refuge.  2238e. Additional projects for underserved community harbors.  2239. Repealed.  2240. Emergency response services.  2241. Definitions.  2242. Remote and subsistence harbors.  2243. Arctic deep draft port development partnerships.  SUBCHAPTER IIIINLAND WATERWAY TRANSPORTATION SYSTEM  2251. Inland Waterways Users Board.  2252. Project delivery process reforms.  2253. Annual financial review.  2254. Assessment of operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway.  2255. Inland waterways riverbank stabilization.  2255a. High water-low water preparedness.  SUBCHAPTER IVWATER RESOURCES STUDIES  2261. Territories development study.  2262. Survey of potential for use of certain facilities as hydroelectric facilities.  2263. Study of Corps capability to conserve fish and wildlife.  2263a. Aquatic invasive species research.  2264. Repealed.  2265. Columbia River/Arkansas River Basin transfers.  2266. Canadian tidal power study.  2267. New York Bight study.  2267a. Watershed and river basin assessments.  2267b. Post-disaster watershed assessments.  2268. Marine technology review.  2269. Tribal partnership program.  2270. Subsurface drain systems research and development.  SUBCHAPTER VGENERAL PROVISIONS  2280. Maximum cost of projects.  2281. Matters to be addressed in planning.  2281a. Tribal Liaison.  2281b. Corps of Engineers support for underserved communities; outreach.  2282. Feasibility reports.  2282a. Planning.  2282b. Submission of reports to Congress.  2282c. Vertical integration and acceleration of studies.  2282d. Annual report to Congress.  2282d1. Report to Congress on authorized studies and projects.  2282e. Post-authorization change reports.  2282f. Review of resiliency assessments.  2282g. Scope of feasibility studies.  2283. Fish and wildlife mitigation.  2283a. Status report.  2283b. Clarification of mitigation authority.  2283c. Technical assistance.  2284. Benefits and costs attributable to environmental measures.  2284a. Benefits to navigation.  2284b. Scenic and aesthetic considerations.  2285. Environmental Protection and Mitigation Fund.  2286. Acceptance of certain funds for mitigation.  2287. Continued planning and investigations.  2288. Repealed.  2289. Urban and rural flood control frequency.  2289a. Consideration of measures.  2290. Flood control in Trust Territory of the Pacific Islands.  2291. Federal Project Repayment District.  2292. Surveying and mapping.  2293. Reprogramming during national emergencies.  2293a. Reprogramming of funds for projects by Corps of Engineers.  2294. Office of Environmental Policy.  2295. Compilation of laws; annual reports.  2295a. Policy and technical standards.  2296. Acquisition of recreation lands.  2297. Operation and maintenance on recreation lands.  2298. Impact of proposed projects on existing recreation facilities.  2299. Acquisition of beach fill.  2300. Study of Corps capabilities.  2301 2302. Omitted.  2303. Historical properties.  2304. Separability.  2305. Use of FMHA funds.  2306. Reports.  2307. Control of ice.  2308. Campgrounds for senior citizens.  2309. Great Lakes Commodities Marketing Board.  2309a. Project modifications for improvement of environment.  2310. Cost sharing for Territories and Indian tribes.  2311. Report to Congress covering proposals for water impoundment facilities.  2312. Comments on certain changes in operations of reservoirs.  2313. Research and development.  2313a. Engineering and environmental innovations of national significance.  2313b. Support of Army civil works program.  2314. Innovative technology.  2314a. Technical assistance program.  2314b. Advanced modeling technologies.  2315. Periodic statements.  2315a. Transparency in accounting and administrative expenses.  2315b. Transparency and accountability in cost sharing for water resources development projects.  2316. Environmental protection mission.  2317. Wetlands.  2317a. Cooperative agreements.  2317b. Mitigation banks and in-lieu fee arrangements.  2318. Flood plain management.  2319. Reservoir management.  2320. Protection of recreational and commercial uses.  2321. Operation and maintenance of navigation and hydroelectric facilities.  2321a. Hydroelectric power project uprating.  2321b. Expediting hydropower at Corps of Engineers facilities.  2322. Single entities.  2323. Technical assistance to private entities.  2323a. Interagency and international support authority.  2324. Reduced pricing for certain water supply storage.  2325. Voluntary contributions for environmental and recreation projects.  2325a. Authority to accept and use materials and services.  2325b. Materials, services, and funds for repair, restoration, or rehabilitation of projects.  2326. Regional sediment management.  2326a. Dredged material disposal facility partnerships.  2326b. Sediment management.  2326c. Reservoir sediment.  2326d. Alternative projects to maintenance dredging.  2326e. Non-Federal interest dredging authority.  2326f. Maintenance dredging data.  2326g. Beneficial use of dredged material; dredged material management plans.  2326h. Five-year regional dredged material management plans.  2327. Definition of rehabilitation for inland waterway projects.  2327a. Rehabilitation of Corps of Engineers constructed pump stations.  2328. Challenge cost-sharing program for management of recreation facilities.  2328a. Special use permits.  2329. International outreach program.  2330. Aquatic ecosystem restoration.  2330a. Monitoring ecosystem restoration.  2330b. Fish hatcheries.  2330c. Aquatic ecosystem restoration.  2330d. Public recreational amenities in ecosystem restoration projects.  2331. Use of continuing contracts for construction of certain projects.  2331a. Initiating work on separable elements.  2332. Shoreline and riverine protection and restoration.  2333. Irrigation diversion protection and fisheries enhancement assistance.  2334. Innovative technologies for watershed restoration.  2335. Coastal aquatic habitat management.  2336. Abandoned and inactive noncoal mine restoration.  2337. Property protection program.  2338. Reburial and conveyance authority.  2339. Assistance programs.  2339a. Cooperative agreements with Indian tribes.  2340. Revision of project partnership agreement; cost sharing.  2341. Expedited actions for emergency flood damage reduction.  2341a. Prioritization.  2341b. Prioritization of certain projects.  2341c. Criteria for funding environmental infrastructure projects.  2342. Access to water resource data.  2343. Independent peer review.  2344. Safety assurance review.  2345. Electronic submission and tracking of permit applications.  2346. Project administration.  2347. Coordination and scheduling of Federal, State, and local actions.  2347a. Determination of project completion.  2347b. Purpose and need.  2347c. Small water storage projects.  2348. Project acceleration.  2348a. NEPA reporting.  2349. Categorical exclusions in emergencies.  2350. Corrosion prevention.  2351. Durability, sustainability, and resilience.  2351a. Operation and maintenance of existing infrastructure.  2351b. Federal breakwaters and jetties.  2352. Funding to process permits.  2353. Structural health monitoring.  2353a. Aging infrastructure.  2354. Easements for electric, telephone, or broadband service facilities.  2355. Prior project authorization.  2356. Project consultation.  2357. Managed aquifer recharge study and working group.  2201. Secretary defined  For purposes of this Act, the term Secretary means the Secretary of the Army. ( Pub. L. 99662,  2 Nov. 17, 1986 100 Stat. 4082  Editorial Notes  References in Text This Act, referred to in text, is Pub. L. 99662 Nov. 17, 1986 100 Stat. 4082 Statutory Notes and Related Subsidiaries Short Title of 2022 Amendment Pub. L. 117263, div. H, title LXXXI,  8001(a) Dec. 23, 2022 136 Stat. 3691 This title [see Tables for classification] may be cited as the Water Resources Development Act of 2022. Short Title of 2020 Amendment Pub. L. 116260, div. AA,  1(a) Dec. 27, 2020 134 Stat. 2615 This division [see Tables for classification] may be cited as the Water Resources Development Act of 2020. Short Title of 2018 Amendment Pub. L. 115270,  1(a) Oct. 23, 2018 132 Stat. 3765 This Act [see Tables for classification] may be cited as Americas Water Infrastructure Act of 2018. Pub. L. 115270, title I,  101 Oct. 23, 2018 132 Stat. 3768 This title [see Tables for classification] may be cited as the Water Resources Development Act of 2018. Short Title of 2016 Amendment Pub. L. 114322,  1(a) Dec. 16, 2016 130 Stat. 1628 This Act [see Tables for classification] may be cited as the Water Infrastructure Improvements for the Nation Act or the WIIN Act. Pub. L. 114322, title I,  1001 Dec. 16, 2016 130 Stat. 1632 This title [see Tables for classification] may be cited as the Water Resources Development Act of 2016. Short Title of 2014 Amendment Pub. L. 113121,  1(a) June 10, 2014 128 Stat. 1193 This Act [see Tables for classification] may be cited as the Water Resources Reform and Development Act of 2014. Short Title of 2007 Amendment Pub. L. 110114,  1(a) Nov. 8, 2007 121 Stat. 1041 This Act [see Tables for classification] may be cited as the Water Resources Development Act of 2007. Short Title of 2000 Amendment Pub. L. 106541,  1(a) Dec. 11, 2000 114 Stat. 2572 This Act [see Tables for classification] may be cited as the Water Resources Development Act of 2000. Short Title of 1999 Amendment Pub. L. 10653,  1(a) Aug. 17, 1999 113 Stat. 269 This Act [see Tables for classification] may be cited as the Water Resources Development Act of 1999. Short Title of 1996 Amendment Pub. L. 104303,  1(a) Oct. 12, 1996 110 Stat. 3658 This Act [see Tables for classification] may be cited as the Water Resources Development Act of 1996. Short Title of 1992 Amendment Pub. L. 102580,  1(a) Oct. 31, 1992 106 Stat. 4797 This Act [enacting sections 59gg, 426i1, 569d to 569f, 653, 1271, 2268, and 2325 to 2329 of this title, amending sections 426j, 467f, 467j to 467 l section 3036 of Title 10 section 1962d16 of Title 42 section 9505 of Title 26 Short Title of 1990 Amendment Pub. L. 101640,  1(a) Nov. 28, 1990 104 Stat. 4604 This Act [enacting sections 59bb and 2316 to 2324 of this title, amending sections 579a, 652, 701n, 709a, 2213, 2215, 2232, 2238, 2281, 2309a, and 2314a of this title, section 460tt of Title 16 section 1962d16 of Title 42 section 1405c of Title 48 section 460d of Title 16 Short Title of 1988 Amendment Pub. L. 100676,  1(a) Nov. 17, 1988 102 Stat. 4012 This Act [enacting sections 59j1, 59y, 59z, and 2312 to 2315 of this title, amending sections 426j, 701b12, 1293a, 2211, 2239, 2280, and 2291 of this title and section 1962d5a of Title 42 section 1962d5g of Title 42 section 2294 of this title Short Title Pub. L. 99662,  1(a) Nov. 17, 1986 100 Stat. 4082 This Act [enacting this chapter and sections 59n1, 59v, 59w, 403b, 426n, 426 o section 3036 of Title 10 section 4042 of Title 26 section 11211 of Title 46 section 390b of Title 43 section 1962b3 of Title 42 Pub. L. 99662, title II,  215 Nov. 17, 1986 100 Stat. 4109 This title [enacting subchapter II of this chapter] may be cited as the Harbor Development and Navigation Improvement Act of 1986. Pilot Programs on the Formulation of Corps of Engineers Projects in Rural Communities and Economically Disadvantaged Communities Pub. L. 116260, div. AA, title I,  118 Dec. 27, 2020 134 Stat. 2629 Pub. L. 117263, div. H, title LXXXI,  8118(a) Dec. 23, 2022 136 Stat. 3710  (a)  In General The Secretary [of the Army] shall establish and implement pilot programs, in accordance with this section, to evaluate opportunities to address the flood risk management and hurricane and storm damage risk reduction needs of rural communities and economically disadvantaged communities. (b)  Economically Disadvantaged Community Flood Protection and Hurricane and Storm Damage Reduction Study Pilot Program. (1)  In general Not later than 180 days after the date of enactment of this Act [ Dec. 27, 2020 (2)  Participation in pilot program In carrying out paragraph (1), the Secretary shall (A) annually publish a notice in the Federal Register that requests from non-Federal interests proposals for the potential feasibility study of a flood risk management project or hurricane and storm damage risk reduction project for an economically disadvantaged community; (B) upon request of a non-Federal interest for such a project, provide technical assistance to such non-Federal interest in the formulation of a proposal for a potential feasibility study to be submitted to the Secretary under the pilot program; and (C) review such proposals and, subject to the availability of appropriations, annually select 10 feasibility studies for such projects to be carried out by the Secretary, in coordination with the non-Federal interest, under this pilot program. (3)  Selection criteria In selecting a feasibility study under paragraph (2)(C), the Secretary shall consider whether (A) the percentage of people living in poverty in the county or counties (or county-equivalent entity or entities) in which the project is located is greater than the percentage of people living in poverty in the State, based on census bureau data; (B) the percentage of families with income above the poverty threshold but below the average household income in the county or counties (or county-equivalent entity or entities) in which the project is located is greater than such percentage for the State, based on census bureau data; (C) the percentage of the population that identifies as belonging to a minority or indigenous group in the county or counties (or county-equivalent entity or entities) in which the project is located is greater than the average such percentage in the State, based on census bureau data; and (D) the project is addressing flooding or hurricane or storm damage effects that have a disproportionate impact on a rural community, a minority community, or an Indian Tribe. (4)  Administration Notwithstanding the requirements of section 105(a)(1)(A) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2215 (5)  Study requirements Feasibility studies carried out under this subsection shall, to the maximum extent practicable, incorporate natural features or nature-based features (as such terms are defined in section 1184 of the Water Resources Development Act of 2016 ( 33 U.S.C. 2289a (6)  Notification The Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of the selection of each feasibility study under the pilot program. (7)  Completion Upon completion of a feasibility report for a feasibility study selected to be carried out under this subsection, the Secretary shall transmit the report to Congress for authorization, and shall include the report in the next annual report submitted under section 7001 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2282d (c)  Pilot Program for the Recommendation of Flood Protection and Hurricane and Storm Damage Reduction Projects in Rural Communities and Economically Disadvantaged Communities. (1)  In general Not later than 180 days after the date of enactment of this Act, the Secretary shall establish and implement a pilot program to evaluate, and make recommendations to Congress on, flood risk management projects and hurricane and storm damage risk reduction projects in rural communities or economically disadvantaged communities, without demonstrating that each project is justified solely by national economic development benefits. (2)  Considerations In carrying out this subsection, the Secretary may make a recommendation to Congress on up to 10 projects annually, without demonstrating that the project is justified solely by national economic development benefits, if the Secretary determines that (A) the community to be served by the project is an economically disadvantaged community or a rural community; (B) the long-term life safety, economic viability, and environmental sustainability of the community would be threatened without the project; and (C) the project is consistent with the requirements of section 1 of the Flood Control Act of 1936 ( 33 U.S.C. 701a (3)  Consistency In carrying out this subsection, the Secretary shall ensure that project recommendations are consistent with the principles and requirements and the interagency guidelines, as such terms are defined in section 110 of this Act [ 42 U.S.C. 19624 (4)  Prioritization The Secretary may give equivalent budgetary consideration and priority to projects recommended under this subsection. (d)  Geographic Diversity In selecting feasibility studies under subsection (b)(2)(C) or in making project recommendations under subsection (c), the Secretary shall consider the geographic diversity among proposed projects. (e)  Report Not later than 5 years and 10 years after the date of enactment of this Act, 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, and make publicly available, a report detailing the results of the pilot programs carried out under this section, including (1) a description of proposals received from non-Federal interests pursuant to subsection (b)(2)(A); (2) a description of technical assistance provided to non-Federal interests under subsection (b)(2)(B); (3) a description of proposals selected under subsection (b)(2)(C) and criteria used to select such proposals; (4) a description of the projects evaluated or recommended by the Secretary under subsection (c); (5) a description of the quantifiable monetary and nonmonetary benefits associated with the projects recommended under subsection (c); and (6) any recommendations to Congress on how the Secretary can address the flood risk management and hurricane and storm damage risk reduction needs of economically disadvantaged communities. (f)  State Defined In this section, the term State means each of the several States, the District of Columbia, and each of the commonwealths, territories, and possessions of the United States. (g)  Sunset The authority to commence a feasibility study under subsection (b), and the authority make a recommendation under subsection (c), shall terminate on the date that is 10 years after the date of enactment of this Act. [For definition of economically disadvantaged community as used in section 118 of div. AA of Pub. L. 116260 section 160 of div. AA of Pub. L. 116260 Non-Federal Project Implementation for Comprehensive Everglades Restoration Plan Projects Pub. L. 116260, div. AA, title I,  134(b) Dec. 27, 2020 134 Stat. 2649  (1)  In general In carrying out the pilot program authorized under section 1043(b) of the Water Resources Reform and Development Act of 2014 [ Pub. L. 113121 33 U.S.C. 2201 Pub. L. 106541 114 Stat. 2680 (2)  Eligibility In the case of a project described in paragraph (1) for which the non-Federal interest has initiated construction in compliance with authorities governing the provision of in-kind contributions for such project, the Secretary shall take into account the value of any in-kind contributions carried out by the non-Federal interest for such project prior to the date of execution of the project partnership agreement under section 1043(b) of the Water Resources Reform and Development Act of 2014 when determining the non-Federal share of the costs to complete construction of the project. (3)  Guidance Not later than 180 days after the date of enactment of this subsection [ Dec. 27, 2020 Uniformity of Notification Systems Pub. L. 116260, div. AA, title I,  139 Dec. 27, 2020 134 Stat. 2651  (a)  Inventory Not later than 180 days after the date of enactment of this Act [ Dec. 27, 2020 (b)  Uniform Plan. (1)  In general Not later than 1 year after the date of enactment of this Act, the Secretary shall develop a plan for the uniformity of such communication and notification systems for projects, initiatives, and facilities of the Corps of Engineers. (2)  Inclusions The plan developed under paragraph (1) shall (A) provide access to information in all forms practicable, including through email, text messages, news programs and websites, radio, and other forms of notification; (B) establish a notification system for any projects, initiatives, or facilities of the Corps of Engineers that do not have a notification system; (C) streamline existing communication and notification systems to improve the strength and uniformity of those systems; and (D) emphasize the necessity of timeliness in notification systems and ensure that the methods of notification can transmit information in a timely manner. (3)  Implementation. (A)  In general Except as provided in subparagraph (B), not later than 2 years after the date of enactment of this Act, the Secretary shall complete the implementation of the plan developed under paragraph (1). (B)  Emergency management notification Not later than 18 months after the date of enactment of this Act, the Secretary shall implement the provisions of the plan developed under paragraph (1) relating to emergency management notifications. (4)  Savings provision Nothing in this section authorizes the elimination of any existing communication or notification system used by the Corps of Engineers. Continuing Authority Programs Pub. L. 116260, div. AA, title I,  165 Dec. 27, 2020 134 Stat. 2668 Pub. L. 117263, div. H, title LXXXI,  8118(b) Dec. 23, 2022 136 Stat. 3711  (a)  Pilot Program for Continuing Authority Projects in Small or Disadvantaged Communities. (1)  In general Not later than 180 days after the date of enactment of this Act [ Dec. 27, 2020 (2)  Participation in pilot program In carrying out paragraph (1), the Secretary shall (A) publish a notice in the Federal Register that requests non-Federal interest proposals for a project under a continuing authority program for an economically disadvantaged community; and (B) review such proposals and select a total of 20 projects, taking into consideration geographic diversity among the selected projects. (3)  Cost share Notwithstanding the cost share authorized for the applicable continuing authority program, the Federal share of the cost of a project selected under paragraph (2) shall be 100 percent. (4)  Sunset The authority to commence pursuant to this subsection a project selected under paragraph (2) shall terminate on the date that is 10 years after the date of enactment of this Act. (5)  Continuing authority program defined In this subsection, the term continuing authority program has the meaning given that term in section 7001(c)(1)(D) of [the] Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2282d (b)  Authorizations of Appropriations. (1)  Emergency streambank and shoreline protection Notwithstanding section 14 of the Flood Control Act of 1946 ( 33 U.S.C. 701r (2)  Storm and hurricane restoration and impact minimization program Notwithstanding section 3(c) of the Act of August 13, 1946 33 U.S.C. 426g(c) (3)  Small river and harbor improvement projects Notwithstanding section 107(a) of the River and Harbor Act of 1960 ( 33 U.S.C. 577(a) (4)  Regional sediment management Notwithstanding section 204(g) of the Water Resources Development Act of 1992 ( 33 U.S.C. 2326(g) (5)  Small flood control projects Notwithstanding section 205 of the Flood Control Act of 1948 ( 33 U.S.C. 701s (6)  Aquatic ecosystem restoration Notwithstanding section 206(f) of the Water Resources Development Act of 1996 ( 33 U.S.C. 2330(f) (7)  Removal of obstructions; clearing channels Notwithstanding section 2 of the Act of August 28, 1937 33 U.S.C. 701g (8)  Project modifications for improvement of environment Notwithstanding section 1135(h) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2309a(h) [For definition of economically disadvantaged community as used in section 165 of div. AA of Pub. L. 116260 section 160 of div. AA of Pub. L. 116260 Reports to Congress Pub. L. 113121, title I,  1042 June 10, 2014 128 Stat. 1243  (a)  In General Subject to the availability of appropriations, the Secretary [of the Army] shall complete and submit to Congress by the applicable date required the reports that address public safety and enhanced local participation in project delivery described in subsection (b). (b)  Reports The reports referred to in subsection (a) are the reports required under (1) subparagraphs (A) and (B) of section 1043(a)(5) [ 33 U.S.C. 2201 (2) section 1046(a)(2)(B) [ 33 U.S.C. 2319 (3) section 210(e)(3) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238(e)(3) (4) section 7001 [ 33 U.S.C. 2282d (c)  Failure To Provide a Completed Report. (1)  In general Subject to subsection (d), if the Secretary fails to provide a report listed under subsection (b) by the date that is 180 days after the applicable date required for that report, $5,000 shall be reprogrammed from the General Expenses account of the civil works program of the Army Corps of Engineers into the account of the division of the Army Corps of Engineers with responsibility for completing that report. (2)  Subsequent reprogramming Subject to subsection (d), for each additional week after the date described in paragraph (1) in which a report described in that paragraph remains uncompleted and unsubmitted to Congress, $5,000 shall be reprogrammed from the General Expenses account of the civil works program of the Army Corps of Engineers into the account of the division of the Secretary of the Army with responsibility for completing that report. (d)  Limitations. (1)  In general For each report, the total amounts reprogrammed under subsection (c) shall not exceed, in any fiscal year, $50,000. (2)  Aggregate limitation The total amount reprogrammed under subsection (c) in a fiscal year shall not exceed $200,000. (e)  No Fault of the Secretary Amounts shall not be reprogrammed under subsection (c) if the Secretary certifies in a letter to the applicable committees of Congress that (1) a major modification has been made to the content of the report that requires additional analysis for the Secretary to make a final decision on the report; (2) amounts have not been appropriated to the agency under this Act or any other Act to carry out the report; or (3) additional information is required from an entity other than the Corps of Engineers and is not available in a timely manner to complete the report by the deadline. (f)  Limitation The Secretary shall not reprogram funds to the General Expenses account of the civil works program of the Corps of Engineers for the loss of the funds. Non-Federal Implementation Pilot Program Pub. L. 113121, title I,  1043 June 10, 2014 128 Stat. 1244 Pub. L. 115270, title I,  1137 Oct. 23, 2018 132 Stat. 3783 Pub. L. 116260, div. AA, title I,  134(a) Dec. 27, 2020 134 Stat. 2648  (a)  Non-Federal Implementation of Feasibility Studies. (1)  In general Not later than 180 days after the date of enactment of this Act [ June 10, 2014 (2)  Purposes The purposes of the pilot program are (A) to identify project delivery and cost-saving alternatives to the existing feasibility study process; (B) to evaluate the technical, financial, and organizational efficiencies of a non-Federal interest carrying out a feasibility study of 1 or more projects; and (C) to evaluate alternatives for the decentralization of the project planning, management, and operational decisionmaking process of the Corps of Engineers. (3)  Administration. (A)  In general On the request of a non-Federal interest, the Secretary may enter into an agreement with the non-Federal interest for the non-Federal interest to provide full project management control of a feasibility study for a project for (i) flood risk management; (ii) hurricane and storm damage reduction, including levees, floodwalls, flood control channels, and water control structures; (iii) coastal harbor and channel and inland navigation; and (iv) aquatic ecosystem restoration. (B)  Use of non-federal funds. (i)  In general A non-Federal interest that has entered into an agreement with the Secretary pursuant to subparagraph (A) may use non-Federal funds to carry out the feasibility study. (ii)  Credit The Secretary shall credit towards the non-Federal share of the cost of construction of a project for which a feasibility study is carried out under this subsection an amount equal to the portion of the cost of developing the study that would have been the responsibility of the Secretary, if the study were carried out by the Secretary, subject to the conditions that (I) non-Federal funds were used to carry out the activities that would have been the responsibility of the Secretary; (II) the Secretary determines that the feasibility study complies with all applicable Federal laws and regulations; and (III) the project is authorized by any provision of Federal law enacted after the date on which an agreement is entered into under subparagraph (A). (C)  Transfer of funds. (i)  In general After the date on which an agreement is executed pursuant to subparagraph (A), the Secretary may transfer to the non-Federal interest to carry out the feasibility study (I) if applicable, the balance of any unobligated amounts appropriated for the study, except that the Secretary shall retain sufficient amounts for the Corps of Engineers to carry out any responsibilities of the Corps of Engineers relating to the project and pilot program; and (II) additional amounts, as determined by the Secretary, from amounts made available under paragraph (8), except that the total amount transferred to the non-Federal interest shall not exceed the updated estimate of the Federal share of the cost of the feasibility study. (ii)  Administration The Secretary shall include such provisions as the Secretary determines to be necessary in an agreement under subparagraph (A) to ensure that a non-Federal interest receiving Federal funds under this paragraph (I) has the necessary qualifications to administer those funds; and (II) will comply with all applicable Federal laws (including regulations) relating to the use of those funds. (D)  Notification The Secretary shall notify the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the initiation of each feasibility study under the pilot program. (E)  Auditing The Secretary shall regularly monitor and audit each feasibility study carried out by a non-Federal interest under this section to ensure that the use of any funds transferred under subparagraph (C) are used in compliance with the agreement signed under subparagraph (A). (F)  Technical assistance On the request of a non-Federal interest, the Secretary may provide technical assistance to the non-Federal interest relating to any aspect of the feasibility study, if the non-Federal interest contracts with the Secretary for the technical assistance and compensates the Secretary for the technical assistance. (G)  Detailed project schedule Not later than 180 days after entering into an agreement under subparagraph (A), each non-Federal interest, to the maximum extent practicable, shall submit to the Secretary a detailed project schedule, based on full funding capability, that lists all deadlines for milestones relating to the feasibility study. (4)  Cost share Nothing in this subsection affects the cost-sharing requirement applicable on the day before the date of enactment of this Act to a feasibility study carried out under this subsection. (5)  Report. (A)  In general Not later than 2 years after the date of enactment of this Act, 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 and make publicly available a report detailing the results of the pilot program carried out under this section, including (i) a description of the progress of the non-Federal interests in meeting milestones in detailed project schedules developed pursuant to paragraph (3)(G); and (ii) any recommendations of the Secretary concerning whether the program or any component of the program should be implemented on a national basis. (B)  Update Not later than 5 years after the date of enactment of this Act, 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 an update of the report described in subparagraph (A). (C)  Failure to meet deadline If the Secretary fails to submit a report by the required deadline under this paragraph, 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 detailed explanation of why the deadline was missed and a projected date for submission of the report. (6)  Administration All laws and regulations that would apply to the Secretary if the Secretary were carrying out the feasibility study shall apply to a non-Federal interest carrying out a feasibility study under this subsection. (7)  Termination of authority The authority to commence a feasibility study under this subsection terminates on the date that is 5 years after the date of enactment of this Act. (8)  Authorization of appropriations In addition to any amounts appropriated for a specific project, there is authorized to be appropriated to the Secretary to carry out the pilot program under this subsection, including the costs of administration of the Secretary, $25,000,000 for each of fiscal years 2015 through 2019. (b)  Non-Federal Project Implementation Pilot Program. (1)  In general Not later than 180 days after the date of enactment of this Act, the Secretary shall establish and implement a pilot program to evaluate the cost-effectiveness and project delivery efficiency of allowing non-Federal interests to carry out flood risk management, hurricane and storm damage reduction, coastal harbor and channel inland navigation, and aquatic ecosystem restoration projects. (2)  Purposes The purposes of the pilot program are (A) to identify project delivery and cost-saving alternatives that reduce the backlog of authorized Corps of Engineers projects; (B) to evaluate the technical, financial, and organizational efficiencies of a non-Federal interest carrying out the design, execution, management, and construction of 1 or more projects; and (C) to evaluate alternatives for the decentralization of the project management, design, and construction for authorized Corps of Engineers water resources projects. (3)  Administration. (A)  In general In carrying out the pilot program, the Secretary shall (i) identify a total of not more than 20 projects for flood risk management, hurricane and storm damage reduction (including levees, floodwalls, flood control channels, and water control structures), coastal harbor and channels, inland navigation, and aquatic ecosystem restoration that have been authorized for construction, including (I) not more than 12 projects that have been authorized for construction prior to the date of enactment of this Act and that (aa) (AA) have received Federal funds prior to the date of enactment of this Act; or (BB) for more than 2 consecutive fiscal years, have an unobligated funding balance for that project in the Corps of Engineers construction account; and (bb) to the maximum extent practicable, are located in each of the divisions of the Corps of Engineers; (II) not more than 3 projects that have been authorized for construction prior to the date of enactment of this Act and that have not received Federal funds in the period beginning on the date on which the project was authorized and ending on the date of enactment of this Act; and (III) not more than 5 projects that have been authorized for construction, but did not receive the authorization prior to the date of enactment of this Act; (ii) notify the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the identification of each project under the pilot program; (iii) in collaboration with the non-Federal interest, develop a detailed project management plan for each identified project that outlines the scope, budget, design, and construction resource requirements necessary for the non-Federal interest to execute the project, or a separable element of the project; (iv) on the request of the non-Federal interest, enter into a project partnership agreement with the non-Federal interest for the non-Federal interest to provide full project management control for construction of the project, or a separable element of the project, in accordance with plans approved by the Secretary; (v) following execution of the project partnership agreement, transfer to the non-Federal interest to carry out construction of the project, or a separable element of the project (I) if applicable, the balance of the unobligated amounts appropriated for the project, except that the Secretary shall retain sufficient amounts for the Corps of Engineers to carry out any responsibilities of the Corps of Engineers relating to the project and pilot program; and (II) additional amounts, as determined by the Secretary, from amounts made available under paragraph (8), except that the total amount transferred to the non-Federal interest shall not exceed the updated estimate of the Federal share of the cost of construction, including any required design; and (vi) regularly monitor and audit each project being constructed by a non-Federal interest under this section to ensure that the construction activities are carried out in compliance with the plans approved by the Secretary and that the construction costs are reasonable. (B)  Detailed project schedule Not later than 180 days after entering into an agreement under subparagraph (A)(iv), each non-Federal interest, to the maximum extent practicable, shall submit to the Secretary a detailed project schedule, based on estimated funding levels, that lists all deadlines for each milestone in the construction of the project. (C)  Technical assistance On the request of a non-Federal interest, the Secretary may provide technical assistance to the non-Federal interest, if the non-Federal interest contracts with and compensates the Secretary for the technical assistance relating to (i) any study, engineering activity, and design activity for construction carried out by the non-Federal interest under this subsection; and (ii) expeditiously obtaining any permits necessary for the project. (4)  Cost share Nothing in this subsection affects the cost-sharing requirement applicable on the day before the date of enactment of this Act to a project carried out under this subsection. (5)  Report. (A)  In general Not later than 3 years after the date of enactment of this Act, 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 and make publicly available a report detailing the results of the pilot program carried out under this subsection, including (i) a description of the progress of non-Federal interests in meeting milestones in detailed project schedules developed pursuant to paragraph (2)(B); and (ii) any recommendations of the Secretary concerning whether the program or any component of the program should be implemented on a national basis. (B)  Update Not later than 5 years after the date of enactment of this Act, 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 an update of the report described in subparagraph (A). (C)  Failure to meet deadline If the Secretary fails to submit a report by the required deadline under this paragraph, 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 detailed explanation of why the deadline was missed and a projected date for submission of the report. (6)  Administration All laws and regulations that would apply to the Secretary if the Secretary were carrying out the project shall apply to a non-Federal interest carrying out a project under this subsection. (7)  Termination of authority The authority to commence a project under this subsection terminates on September 30, 2026 (8)  Authorization of appropriations In addition to any amounts appropriated for a specific project, there is authorized to be appropriated to the Secretary to carry out the pilot program under this subsection, including the costs of administration of the Secretary, $25,000,000 for each of fiscal years 2019 through 2026. (9)  Implementation guidance. (A)  In general Not later than 120 days after the date of enactment of this paragraph [ Dec. 27, 2020 (i) the metrics for measuring the success of the pilot program; (ii) a process for identifying future projects to participate in the pilot program; (iii) measures to address the risks of a non-Federal interest constructing projects under the pilot program, including which entity bears the risk for projects that fail to meet the Corps of Engineers standards for design or quality; (iv) the laws and regulations that a non-Federal interest must follow in carrying out a project under the pilot program; and (v) which entity bears the risk in the event that a project carried out under the pilot program fails to be carried out in accordance with the project authorization or this subsection. (B)  New project partnership agreements The Secretary may not enter into a project partnership agreement under this subsection during the period beginning on the date of enactment of this paragraph and ending on the date on which the Secretary issues the guidance under subparagraph (A). Water Infrastructure Public-Private Partnership Pilot Program Pub. L. 113121, title V,  5014 June 10, 2014 128 Stat. 1329 Pub. L. 117263, div. H, title LXXXI,  8147 Dec. 23, 2022 136 Stat. 3730  (a)  In General The Secretary [of the Army] shall establish a pilot program to evaluate the cost effectiveness and project delivery efficiency of allowing non-Federal pilot applicants to carry out authorized water resources development projects for coastal harbor improvement, channel improvement, inland navigation, flood damage reduction, ecosystem restoration, and hurricane and storm damage reduction. (b)  Purposes The purposes of the pilot program established under subsection (a) are (1) to identify cost-saving project delivery alternatives that reduce the backlog of authorized Corps of Engineers projects; and (2) to evaluate the technical, financial, and organizational benefits of allowing a non-Federal pilot applicant to carry out and manage the design or construction (or both) of 1 or more of such projects. (c)  Subsequent Appropriations Any activity undertaken under this section is authorized only to the extent specifically provided for in subsequent appropriations Acts. (d)  Administration In carrying out the pilot program established under subsection (a), the Secretary shall (1) identify for inclusion in the program at least 15 projects that are authorized for construction for coastal harbor improvement, channel improvement, inland navigation, flood damage reduction, ecosystem restoration, or hurricane and storm damage reduction; (2) notify in writing the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of each project identified under paragraph (1); (3) in consultation with the non-Federal pilot applicant associated with each project identified under paragraph (1), develop a detailed project management plan for the project that outlines the scope, financing, budget, design, and construction resource requirements necessary for the non-Federal pilot applicant to execute the project, or a separable element of the project; (4) at the request of the non-Federal pilot applicant associated with each project identified under paragraph (1), enter into a project partnership agreement with the non-Federal pilot applicant under which the non-Federal pilot applicant is provided full project management control for the financing, design, or construction (or any combination thereof) of the project, or a separable element of the project, in accordance with plans approved by the Secretary; (5) following execution of a project partnership agreement under paragraph (4) and completion of all work under the agreement, issue payment, in accordance with subsection (g), to the relevant non-Federal pilot applicant for that work; and (6) regularly monitor and audit each project carried out under the program to ensure that all activities related to the project are carried out in compliance with plans approved by the Secretary and that construction costs are reasonable. (e)  Selection Criteria In identifying projects under subsection (d)(1), the Secretary shall consider the extent to which the project (1) is significant to the economy of the United States; (2) leverages Federal investment by encouraging non-Federal contributions to the project; (3) employs innovative project delivery and cost-saving methods; (4) received Federal funds in the past and experienced delays or missed scheduled deadlines; (5) has unobligated Corps of Engineers funding balances; and (6) has not received Federal funding for recapitalization and modernization since the project was authorized. (f)  Detailed Project Schedule Not later than 180 days after entering into a project partnership agreement under subsection (d)(4), a non-Federal pilot applicant, to the maximum extent practicable, shall submit to the Secretary a detailed project schedule for the relevant project, based on estimated funding levels, that specifies deadlines for each milestone with respect to the project. (g)  Payment Payment to the non-Federal pilot applicant for work completed pursuant to a project partnership agreement under subsection (d)(4) may be made from (1) if applicable, the balance of the unobligated amounts appropriated for the project; and (2) other amounts appropriated to the Corps of Engineers, subject to the condition that the total amount transferred to the non-Federal pilot applicant may not exceed the estimate of the Federal share of the cost of construction, including any required design. (h)  Technical Assistance At the request of a non-Federal pilot applicant participating in the pilot program established under subsection (a), the Secretary may provide to the non-Federal pilot applicant, if the non-Federal pilot applicant contracts with and compensates the Secretary, technical assistance with respect to (1) a study, engineering activity, or design activity related to a project carried out by the non-Federal pilot applicant under the program; and (2) obtaining permits necessary for such a project. (i)  Identification of Impediments. (1)  In general The Secretary shall (A) except as provided in paragraph (2), identify any procedural requirements under the authority of the Secretary that impede greater use of public-private partnerships and private investment in water resources development projects; (B) develop and implement, on a project-by-project basis, procedures and approaches that (i) address such impediments; and (ii) protect the public interest and any public investment in water resources development projects that involve public-private partnerships or private investment in water resources development projects; and (C) not later than 1 year after the date of enactment of this section [ June 10, 2014 (2)  Rule of construction Nothing in this section allows the Secretary to waive any requirement under (A) sections 3141 through 3148 and sections 3701 through 3708 of title 40, United States Code; (B) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (C) any other provision of Federal law. (j)  Public Benefit Studies. (1)  In general Before entering into a project partnership agreement under subsection (d)(4), the Secretary shall conduct an assessment of whether, and provide justification in writing to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that, the proposed agreement provides better public and financial benefits than a similar transaction using public funding or financing. (2)  Requirements An assessment under paragraph (1) shall (A) be completed in a period of not more than 90 days; (B) take into consideration any supporting materials and data submitted by the relevant non-Federal pilot applicant and other stakeholders; and (C) determine whether the proposed project partnership agreement is in the public interest by determining whether the agreement will provide public and financial benefits, including expedited project delivery and savings for taxpayers. (k)  Non-Federal Funding The non-Federal pilot applicant may finance the non-Federal share of a project carried out under the pilot program established under subsection (a). (l)  Applicability of Federal Law Any provision of Federal law that would apply to the Secretary if the Secretary were carrying out a project shall apply to a non-Federal pilot applicant carrying out a project under this section. (m)  Cost Share Nothing in this section affects a cost-sharing requirement under Federal law that is applicable to a project carried out under the pilot program established under subsection (a). (n)  Report Not later than 3 years after the date of enactment of this Act, 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 and make publicly available a report describing the results of the pilot program established under subsection (a), including any recommendations of the Secretary concerning whether the program or any component of the program should be implemented on a national basis. (o)  Non-Federal Pilot Applicant Defined In this section, the term non-Federal pilot applicant means (1) the non-Federal sponsor of the water resources development project; (2) a non-Federal interest, as defined in section 221 of the Flood Control Act of 1970 ( 42 U.S.C. 1982d5b (3) a private entity with the consent of the local government in which the project is located or that is otherwise affected by the project. Funding to Process Permits Pub. L. 106541, title II,  214 Dec. 11, 2000 114 Stat. 2594 Pub. L. 108137, title I,  114 Dec. 1, 2003 117 Stat. 1836 Pub. L. 10999,  1 Nov. 11, 2005 119 Stat. 2169 Pub. L. 109209,  1 Mar. 24, 2006 120 Stat. 318 Pub. L. 109434,  1 Dec. 20, 2006 120 Stat. 3197 Pub. L. 110114, title II,  2002 Nov. 8, 2007 121 Stat. 1067 Pub. L. 111120,  1 Dec. 22, 2009 123 Stat. 3478 Pub. L. 111315,  1 Dec. 18, 2010 124 Stat. 3450 Pub. L. 113121, title I,  1006 June 10, 2014 128 Stat. 1212 section 2352 of this title Monitoring Pub. L. 106541, title II,  223 Dec. 11, 2000 114 Stat. 2597  (a)  In General The Secretary shall conduct a monitoring program of the economic and environmental results of up to 5 eligible projects selected by the Secretary. (b)  Duration The monitoring of a project selected by the Secretary under this section shall be for a period of not less than 12 years beginning on the date of its selection. (c)  Reports The Secretary shall transmit to Congress every 3 years a report on the performance of each project selected under this section. (d)  Eligible Project Defined In this section, the term eligible project means a water resources project, or separable element thereof (1) for which a contract for physical construction has not been awarded before the date of enactment of this Act [ Dec. 11, 2000 (2) that has a total cost of more than $25,000,000; and (3) (A) that has as a benefit-to-cost ratio of less than 1.5 to 1; or (B) that has significant environmental benefits or significant environmental mitigation components. (e)  Costs The cost of conducting monitoring under this section shall be a Federal expense. Water Control Management Pub. L. 10653, title V,  511 Aug. 17, 1999 113 Stat. 341  (a)  In General In evaluating potential improvements for water control management activities and consolidation of water control management centers, the Secretary may consider a regionalized water control management plan but may not implement such a plan until the date on which a report is submitted under subsection (b). (b)  Report Not later than 180 days after the date of enactment of this Act [ Aug. 17, 1999 (1) a description of the primary objectives of streamlining water control management activities; (2) a description of the benefits provided by streamlining water control management activities through consolidation of centers for those activities; (3) a determination whether the benefits to users of establishing regional water control management centers will be retained in each district office of the Corps of Engineers that does not have a regional center; (4) a determination whether users of regional centers will receive a higher level of benefits from streamlining water control management activities; and (5) a list of the members of Congress who represent a district that includes a water control management center that is to be eliminated under a proposed regionalized plan. Buy American; Sense of Congress; Requirement Regarding Notice Pub. L. 10653, title II,  222 Aug. 17, 1999 113 Stat. 295  (a)  In General It is the sense of Congress that, to the extent practicable, all equipment and products purchased with funds made available under this Act [see Tables for classification] should be American made. (b)  Notice to Recipients of Assistance In providing financial assistance under this Act, the Secretary, to the greatest extent practicable, shall provide to each recipient of the assistance a notice describing the statement made in subsection (a). Pub. L. 104303, title II,  235 Oct. 12, 1996 110 Stat. 3704  (a)  Purchase of American-Made Equipment and Products It is the sense of Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Act [see Tables for classification] should be American-made. (b)  Notice to Recipients of Assistance In providing financial assistance under this Act, the Secretary, to the greatest extent practicable, shall provide to each recipient of the assistance a notice describing the statement made in subsection (a). Budget Act Requirements Pub. L. 99662, title IX,  948 Nov. 17, 1986 100 Stat. 4201 Any spending authority under this Act [see Short Title note above] shall be effective only to such extent and in such amounts as are provided in appropriation Acts. For purposes of this Act, the term spending authority has the meaning provided in section 401(c)(2) of the Congressional Budget Act of 1974 [ 2 U.S.C. 651(c)(2) Definition of Economically Disadvantaged Community Pub. L. 116260, div. AA, title I,  160 Dec. 27, 2020 134 Stat. 2665  (a)  In General Not later than 180 days after the date of enactment of this Act [ Dec. 27, 2020 Pub. L. 116260 (b)  Considerations In defining the term economically disadvantaged community under subsection (a), the Secretary shall, to the maximum extent practicable, utilize the criteria under paragraph (1) or (2) of section 301(a) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3161 (c)  Public Comment In developing the guidance under subsection (a), the Secretary shall provide notice and an opportunity for public comment.  Secretary Defined Pub. L. 117263, div. H, title LXXXI,  8002 Dec. 23, 2022 136 Stat. 3694 In this title [see Tables for classification], the term Secretary means the Secretary of the Army. Pub. L. 116260, div. AA,  2 Dec. 27, 2020 134 Stat. 2618 In this Act [div. AA of Pub. L. 116260 Pub. L. 115270, title I,  102 Oct. 23, 2018 132 Stat. 3768 In this title [see Tables for classification], the term Secretary means the Secretary of the Army. Pub. L. 114322, title I,  1002 Dec. 16, 2016 130 Stat. 1632 In this title [see Tables for classification], the term Secretary means the Secretary of the Army. Pub. L. 113121,  2 June 10, 2014 128 Stat. 1195 In this Act [see Tables for classification], the term Secretary means the Secretary of the Army. Pub. L. 110114,  2 Nov. 8, 2007 121 Stat. 1049 In this Act [see Tables for classification], the term Secretary means the Secretary of the Army. Pub. L. 106541,  2 Dec. 11, 2000 114 Stat. 2575 In this Act [see Tables for classification], the term Secretary means the Secretary of the Army. Pub. L. 10653,  2 Aug. 17, 1999 113 Stat. 273 In this Act [see Tables for classification], the term Secretary means the Secretary of the Army. Pub. L. 104303,  2 Oct. 12, 1996 110 Stat. 3662 In this Act [see Tables for classification], the term Secretary means the Secretary of the Army. Pub. L. 102580,  3 Oct. 31, 1992 106 Stat. 4801 For purposes of this Act [see Short Title of 1992 Amendment note above], the term Secretary means the Secretary of the Army. Pub. L. 101640,  2 Nov. 28, 1990 104 Stat. 4605 For purposes of this Act [see Short Title of 1990 Amendment note above], the term Secretary means the Secretary of the Army. Pub. L. 100676,  2 Nov. 17, 1988 102 Stat. 4013 For purposes of this Act [see Short Title of 1988 Amendment note above], the term Secretary means the Secretary of the Army. Executive Documents  Promoting the Reliable Supply and Delivery of Water in the West Memorandum of President of the United States, Oct. 19, 2018 Jan. 20, 2021 section 4321 of Title 42  2202. Non-Federal engagement and review (a) Issuance The Secretary shall expeditiously issue guidance to implement each covered provision of law in accordance with this section. (b) Public notice (1) In general Prior to developing and issuing any new or revised implementation guidance for a covered water resources development law, the Secretary shall issue a public notice that (A) informs potentially interested non-Federal stakeholders of the Secretarys intent to develop and issue such guidance; and (B) provides an opportunity for interested non-Federal stakeholders to engage with, and provide input and recommendations to, the Secretary on the development and issuance of such guidance. (2) Issuance of notice The Secretary shall issue the notice under paragraph (1) through a posting on a publicly accessible website dedicated to providing notice on the development and issuance of implementation guidance for a covered water resources development law. (c) Stakeholder engagement (1) Input The Secretary shall allow a minimum of 60 days after issuance of the public notice under subsection (b) for non-Federal stakeholders to provide input and recommendations to the Secretary, prior to finalizing implementation guidance for a covered water resources development law. (2) Outreach The Secretary may, as appropriate (as determined by the Secretary), reach out to non-Federal stakeholders and circulate drafts of implementation guidance for a covered water resources development law for informal input and recommendations. (d) Submission 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 copy of all input and recommendations received pursuant to subsection (c) and a description of any consideration of such input and recommendations. (e) Development of guidance When developing implementation guidance for a covered water resources development law, the Secretary shall take into consideration the input and recommendations received from non-Federal stakeholders, and make the final guidance available to the public on the publicly accessible website described in subsection (b)(2). (f) Definitions In this section: (1) Covered provision of law The term covered provision of law means a provision of law under the jurisdiction of the Secretary contained in, or amended by, a covered water resources development law, with respect to which (A) the Secretary determines guidance is necessary in order to implement the provision; and (B) no such guidance has been issued as of October 23, 2018 (2) Covered water resources development law The term covered water resources development law means (A) the Water Resources Reform and Development Act of 2014; (B) the Water Resources Development Act of 2016; (C) this Act; and (D) any Federal water resources development law enacted after October 23, 2018 ( Pub. L. 115270, title I,  1105 Oct. 23, 2018 132 Stat. 3772  Editorial Notes  References in Text The Water Resources Reform and Development Act of 2014, referred to in subsec. (f)(2)(A), is Pub. L. 113121 June 10, 2014 128 Stat. 1193 section 2201 of this title The Water Resources Development Act of 2016, referred to in subsec. (f)(2)(B), is title I of Pub. L. 114322 Dec. 16, 2016 130 Stat. 1632 section 2201 of this title This Act, referred to in subsec. (f)(2)(C), probably means title I of Pub. L. 115270 Oct. 23, 2018 132 Stat. 3768 section 2201 of this title Codification Section was enacted as part of the Water Resources Development Act of 2018, and also as part of the Americas Water Infrastructure Act of 2018, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Statutory Notes and Related Subsidiaries Non-Federal Interest Advisory Committee Pub. L. 117263, div. H, title LXXXI,  8150 Dec. 23, 2022 136 Stat. 3731  (a)  In General Not later than 90 days after the date of enactment of this Act [ Dec. 23, 2022 (b)  Membership. (1)  In general The Committee shall be composed of the members described in paragraph (2), who shall (A) be appointed by the Secretary; and (B) have the requisite experiential or technical knowledge needed to address issues related to water resources needs and challenges. (2)  Representatives The members of the Committee shall include the following: (A) 1 representative of each of the following: (i) A non-Federal interest for a project for navigation for an inland harbor. (ii) A non-Federal interest for a project for navigation for a harbor. (iii) A non-Federal interest for a project for flood risk management. (iv) A non-Federal interest for a project for coastal storm risk management. (v) A non-Federal interest for a project for aquatic ecosystem restoration. (B) 1 representative of each of the following: (i) A non-Federal stakeholder with respect to inland waterborne transportation. (ii) A non-Federal stakeholder with respect to water supply. (iii) A non-Federal stakeholder with respect to recreation. (iv) A non-Federal stakeholder with respect to hydropower. (v) A non-Federal stakeholder with respect to emergency preparedness, including coastal protection. (C) 1 representative of each of the following: (i) An organization with expertise in conservation. (ii) An organization with expertise in environmental policy. (iii) An organization with expertise in rural water resources. (c)  Duties. (1)  Recommendations The Committee shall provide advice and make recommendations to the Secretary and the Chief of Engineers to assist the Corps of Engineers in (A) efficiently and effectively delivering water resources development projects; (B) improving the capability and capacity of the workforce of the Corps of Engineers to deliver such projects and other assistance; (C) improving the capacity and effectiveness of Corps of Engineers consultation and liaison roles in communicating water resources needs and solutions, including regionally specific recommendations; and (D) strengthening partnerships with non-Federal interests to advance water resources solutions. (2)  Meetings The Committee shall meet as appropriate to develop and make recommendations under paragraph (1). (3)  Report Recommendations made under paragraph (1) shall be (A) included in a report submitted to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and (B) made publicly available, including on a publicly available website. (d)  Independent Judgment Any recommendation made by the Committee to the Secretary and the Chief of Engineers under subsection (c)(1) shall reflect the independent judgment of the Committee. (e)  Administration. (1)  Compensation Except as provided in paragraph (2), the members of the Committee shall serve without compensation. (2)  Travel expenses The members of the Committee shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (3)  Treatment The members of the Committee shall not be considered to be Federal employees, and the meetings and reports of the Committee shall not be considered a major Federal action under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 Implementation Guidance Pub. L. 116260, div. AA, title II,  223(d) Dec. 27, 2020 134 Stat. 2696 The Secretary [of the Army] shall expeditiously issue any guidance necessary to implement any provision of this Act [div. AA of Pub. L. 116260 33 U.S.C. 2202  Secretary Defined Secretary means the Secretary of the Army, see section 102 of Pub. L. 115270 section 2201 of this title  2203. Review of contracting policies (a) Review of contractual agreements (1) In general Not later than 180 days after December 27, 2020 (2) Report Not later than 90 days after completing the review under subsection (a)(1), 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, and make publicly available, a report that includes (A) a summary of the results of the review; and (B) public guidance on best practices for a non-Federal interest to use when writing or developing contractual agreements with the Secretary and utilities. (3) Provision of guidance The Secretary shall provide the best practices guidance included under paragraph (2)(A) to non-Federal interests prior to the development of contractual agreements with such non-Federal interests. (b) Sense of Congress It is the sense of Congress that the Secretary should maximize use of nonprice tradeoff procedures in competitive acquisitions for carrying out emergency work in an area with respect to which the President has declared a major disaster under section 5170 of title 42 ( Pub. L. 116260, div. AA, title I,  136 Dec. 27, 2020 134 Stat. 2649  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. 116260 section 2201 of this title SUBCHAPTER I COST SHARING  2211. Harbors (a) Construction (1) Payments during construction The non-Federal interests for a navigation project for a harbor or inland harbor, or any separable element thereof, on which a contract for physical construction has not been awarded before June 10, 2014 (A) 10 percent of the cost of construction of the portion of the project which has a depth not in excess of 20 feet; plus (B) 25 percent of the cost of construction of the portion of the project which has a depth in excess of 20 feet but not in excess of 50 feet; plus (C) 50 percent of the cost of construction of the portion of the project which has a depth in excess of 50 feet. (2) Additional 10 percent payment over 30 years The non-Federal interests for a project to which paragraph (1) applies shall pay an additional 10 percent of the cost of the general navigation features of the project in cash over a period not to exceed 30 years, at an interest rate determined pursuant to section 2216 of this title (3) Lands, easements, and rights-of-way Except as provided under section 2283(c) of this title (4) Utility relocations The non-Federal interests for a project to which paragraph (1) applies shall perform or assure the performance of all relocations of utilities necessary to carry out the project, except that in the case of a project for a deep-draft harbor and in the case of a project constructed by non-Federal interests under section 2232 of this title (5) Dredged material disposal facilities for project construction In this subsection, the term general navigation features includes constructed land-based and aquatic dredged material disposal facilities that are necessary for the disposal of dredged material required for project construction and for which a contract for construction has not been awarded on or before October 12, 1996 (b) Operation and maintenance (1) In general The Federal share of the cost of operation and maintenance of each navigation project for a harbor or inland harbor constructed by the Secretary pursuant to this Act or any other law approved after November 17, 1986 (2) Dredged material disposal facilities The Federal share of the cost of constructing land-based and aquatic dredged material disposal facilities that are necessary for the disposal of dredged material required for the operation and maintenance of a project and for which a contract for construction has not been awarded on or before October 12, 1996 (c) Erosion or shoaling attributable to Federal navigation works Costs of constructing projects or measures for the prevention or mitigation of erosion or shoaling damages attributable to Federal navigation works shall be shared in the same proportion as the cost sharing provisions applicable to the project causing such erosion or shoaling. The non-Federal interests for the project causing the erosion or shoaling shall agree to operate and maintain such measures. (d) Non-Federal payments during construction The amount of any non-Federal share of the cost of any navigation project for a harbor or inland harbor shall be paid to the Secretary. Amounts required to be paid during construction shall be paid on an annual basis during the period of construction, beginning not later than one year after construction is initiated. (e) Agreement Before initiation of construction of a project to which this section applies, the Secretary and the non-Federal interests shall enter into a cooperative agreement according to the provisions of section 1962d5b of title 42 (1) provide to the Federal Government lands, easements, and rights-of-way, including those necessary for dredged material disposal facilities, and perform the necessary relocations required for construction, operation, and maintenance of such project; (2) hold and save the United States free from damages due to the construction or operation and maintenance of the project, except for damages due to the fault or negligence of the United States or its contractors; (3) provide to the Federal Government the non-Federal share of all other costs of construction of such project; and (4) in the case of a deep-draft harbor, be responsible for the non-Federal share of operation and maintenance required by subsection (b) of this section. (f) Consideration of funding requirements and equitable apportionment The Secretary shall ensure, to the extent practicable, that (1) funding requirements for operation and maintenance dredging of commercial navigation harbors are considered before Federal funds are obligated for payment of the Federal share of costs associated with the construction of dredged material disposal facilities in accordance with subsections (a) and (b); (2) funds expended for such construction are apportioned equitably in accordance with regional needs; and (3) use of a dredged material disposal facility designed, constructed, managed, or operated by a private entity is not precluded if, consistent with economic and environmental considerations, the facility is the least-cost alternative. ( Pub. L. 99662, title I,  101 Nov. 17, 1986 100 Stat. 4082 Pub. L. 100676,  13(a) Nov. 17, 1988 102 Stat. 4025 Pub. L. 102580, title III,  333(b)(1) Oct. 31, 1992 106 Stat. 4852 Pub. L. 104303, title II,  201(a) Oct. 12, 1996 110 Stat. 3671 Pub. L. 113121, title II,  2102(b) June 10, 2014 128 Stat. 1278 Pub. L. 114322, title I,  1111 Dec. 16, 2016 130 Stat. 1636  Editorial Notes  References in Text This Act, referred to in subsec. (b)(1), is Pub. L. 99662 Nov. 17, 1986 100 Stat. 4082 section 2201 of this title Amendments 2016Subsec. (a)(1). Pub. L. 114322,  1111(1) June 10, 2014 November 17, 1986 Subsec. (a)(1)(B). Pub. L. 114322,  1111(2) Subsec. (a)(1)(C). Pub. L. 114322,  1111(3) 2014Subsec. (b)(1). Pub. L. 113121 1996Subsec. (a)(2). Pub. L. 104303,  201(a)(1) Subsec. (a)(3). Pub. L. 104303,  201(a)(2) Subsec. (a)(5). Pub. L. 104303,  201(a)(3) Subsec. (b). Pub. L. 104303,  201(b) November 17, 1986 Subsec. (e)(1). Pub. L. 104303,  201(c) Subsec. (f). Pub. L. 104303,  201(d) 1992Subsec. (a)(3). Pub. L. 102580 1988Subsec. (a)(2). Pub. L. 100676 section 2216 of this title Statutory Notes and Related Subsidiaries Effective Date of 1988 Amendment Pub. L. 100676,  13(b) Nov. 17, 1988 102 Stat. 4026 The amendment made by subsection (a) [amending this section] shall take effect on November 17, 1986 Deep Draft Harbor Cost Sharing Pub. L. 10653, title IV,  401 Aug. 17, 1999 113 Stat. 322  (a)  In General The Secretary shall undertake a study of non-Federal cost-sharing requirements for the construction and operation and maintenance of deep draft harbor projects to determine whether (1) cost sharing adversely affects United States port development or domestic and international trade; and (2) any revision of the cost-sharing requirements would benefit United States domestic and international trade. (b)  Recommendations. (1)  In general Not later than May 30, 2001 (2)  Considerations In making recommendations, the Secretary shall consider (A) the potential economic, environmental, and budgetary impacts of any proposed revision of the cost-sharing requirements; and (B) the effect that any such revision would have on regional port competition. Amendment of Cooperation Agreement Pub. L. 104303, title II,  201(f) Oct. 12, 1996 110 Stat. 3673 If requested by the non-Federal interest, the Secretary shall amend a project cooperation agreement executed on or before the date of the enactment of this Act [ Oct. 12, 1996 section 2241 of this title Increases in Non-Federal Share of Costs Pub. L. 104303, title II,  201(g) Oct. 12, 1996 110 Stat. 3673  Nothing in this section [amending this section and section 2241 of this title (1) expanding any confined dredged material disposal facility that is operated by the Secretary and that is authorized for cost recovery through the collection of tolls; (2) any confined dredged material disposal facility for which the invitation for bids for construction was issued before the date of the enactment of this Act [ Oct. 12, 1996 (3) expanding any confined dredged material disposal facility constructed under section 123 of the River and Harbor Act of 1970 ( 33 U.S.C. 1293a Dredged Material Disposal Areas Study Pub. L. 102580, title II,  216 Oct. 31, 1992 106 Stat. 4832 Oct. 31, 1992  2211a. Preserving United States harbors (a) In general Upon a request from a non-Federal interest, the Secretary shall review a report developed by the non-Federal interest that provides an economic justification for Federal investment in the operation and maintenance of a federally authorized harbor or inland harbor (referred to in this section as a federally authorized harbor). (b) Justification of investment A report submitted under subsection (a) may provide for an economic justification of Federal investment in the operation and maintenance of a federally authorized harbor based on (1) the projected economic benefits, including transportation savings and job creation; and (2) other factors, including navigation safety, national security, and sustainability of subsistence harbors. (c) Written response Not later than 180 days after the date on which the Secretary receives a report under subsection (a), the Secretary shall provide to the non-Federal interest a written response to the report, including an assessment of the information provided by the non-Federal interest. (d) Prioritization As the Secretary determines to be appropriate, the Secretary may use the information provided in the report under subsection (a) to justify additional operation and maintenance funding for a federally authorized harbor in accordance with section 2211(b) of this title (e) Limitation on statutory construction Nothing in this section may be construed to preclude the operation and maintenance of a federally authorized harbor under section 2211(b) of this title ( Pub. L. 113121, title II,  2107 June 10, 2014 128 Stat. 1281  Editorial Notes Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, 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 Pub. L. 113121 section 2201 of this title  2212. Inland waterway transportation (a) Construction 65 percent of the costs of construction (1) of each project authorized by title III of this Act, (2) of the project authorized by section 652(j) of this title (3) allocated to inland navigation for the project authorized by section 844 of this Act, shall be paid only from amounts appropriated from the general fund of the Treasury. 35 percent of such costs shall be paid only from amounts appropriated from the Inland Waterways Trust Fund. For purposes of this subsection, the term construction shall include planning, designing, engineering, surveying, the acquisition of all lands, easements, and rights-of-way necessary for the project, including lands for disposal of dredged material, and relocations necessary for the project. (b) Operation and maintenance The Federal share of the cost of operation and maintenance of any project for navigation on the inland waterways is 100 percent. (c) Floodgates on the Inland Waterways (1) Operation and maintenance carried out by the Secretary Notwithstanding any other provision of law, the Secretary shall be responsible for the operation and maintenance, including repair, of any flood gate, as well as any pumping station constructed within the channel as a single unit with that flood gate, that (A) was constructed as of June 10, 2014 (B) crosses an inland or intracoastal waterway described in section 1804 of this title (2) Non-Federal cost share The non-Federal share of the cost of operation, maintenance, repair, rehabilitation, and replacement of any structure under this subsection shall be 35 percent. (d) Authorizations from general fund Any Federal responsibility (1) with respect to a project authorized by title III or section 652(j) of this title (2) with respect to the portion of the project authorized by section 844 allocated to inland navigation, which responsibility is not provided for in subsection (a) of this section shall be paid only from amounts appropriated from the general fund of the Treasury. ( Pub. L. 99662, title I,  102 Nov. 17, 1986 100 Stat. 4084 Pub. L. 113121, title II,  2013 June 10, 2014 128 Stat. 1271 Pub. L. 117263, div. H, title LXXXI,  8157(a) Dec. 23, 2022 136 Stat. 3738  Editorial Notes  References in Text Title III of this Act, referred to in subsecs. (a)(1) and (d)(1), is title III of Pub. L. 99662 Nov. 17, 1986 100 Stat. 4109 section 301 of Pub. L. 99662 Section 302 of Pub. L. 99662 section 2251 of this title Section 844 of this Act, referred to in subsecs. (a)(3) and (d)(2), is section 844 of Pub. L. 99662 Nov. 17, 1986 100 Stat. 4177 Amendments 2022Subsec. (a). Pub. L. 117263 2014Subsecs. (c), (d). Pub. L. 113121 Statutory Notes and Related Subsidiaries Effective Date of 2022 Amendment Pub. L. 117263, div. H, title LXXXI,  8157(b) Dec. 23, 2022 136 Stat. 3738 The amendments made by subsection (a) [amending this section] shall apply beginning on October 1, 2022 Inland Waterway Projects Pub. L. 116260, div. AA, title I,  109 Dec. 27, 2020 134 Stat. 2624 Pub. L. 117263, div. H, title LXXXI,  8157(c) Dec. 23, 2022 136 Stat. 3738 Notwithstanding section 102 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2212 Acceptance of Contributed Funds To Increase Lock Operations Pub. L. 113121, title I,  1017 June 10, 2014 128 Stat. 1223 Pub. L. 115270, title I,  1135 Oct. 23, 2018 132 Stat. 3783  (a)  In General The Secretary [of the Army], after providing public notice, shall establish a pilot program for the acceptance and expenditure of funds contributed by non-Federal interests to increase the hours of operation of locks at water resources development projects. (b)  Applicability The establishment of the pilot program under this section shall not affect the periodic review and adjustment of hours of operation of locks based on increases in commercial traffic carried out by the Secretary. (c)  Public Comment Not later than 180 days before a proposed modification to the operation of a lock at a water resources development project will be carried out, the Secretary shall (1) publish the proposed modification in the Federal Register; and (2) accept public comment on the proposed modification. (d)  Reports. (1)  In general Not later than 1 year after the date of enactment of this Act [ June 10, 2014 (2)  Review of pilot program Not later than September 30, 2017 (e)  Annual Review The Secretary shall carry out an annual review of the commercial use of locks and make any necessary adjustments to lock operations based on that review. (f)  Termination The authority to accept funds under this section shall terminate 10 years after the date of enactment of this Act.  2213. Flood control and other purposes (a) Flood control (1) General rule The non-Federal interests for a project with costs assigned to flood control (other than a nonstructural project) shall (A) pay 5 percent of the cost of the project assigned to flood control during construction of the project; (B) provide all lands, easements, rights-of-way, and dredged material disposal areas required only for flood control and perform all related necessary relocations; and (C) provide that portion of the joint costs of lands, easements, rights-of-way, dredged material disposal areas, and relocations which is assigned to flood control. (2) 35 percent minimum contribution If the value of the contributions required under paragraph (1) of this subsection is less than 35 percent of the cost of the project assigned to flood control, the non-Federal interest shall pay during construction of the project such additional amounts as are necessary so that the total contribution of the non-Federal interests under this subsection is equal to 35 percent of the cost of the project assigned to flood control. (3) 50 percent maximum The non-Federal share under paragraph (1) shall not exceed 50 percent of the cost of the project assigned to flood control. The preceding sentence does not modify the requirement of paragraph (1)(A) of this subsection. (4) Deferred payment of amount exceeding 30 percent If the total amount of the contribution required under paragraph (1) of this subsection exceeds 30 percent of the cost of the project assigned to flood control, the non-Federal interests may pay the amount of the excess to the Secretary over a 15-year period (or such shorter period as may be agreed to by the Secretary and the non-Federal interests) beginning on the date construction of the project or separable element is completed, at an interest rate determined pursuant to section 2216 of this title (b) Projects using nonstructural, natural, or nature-based features (1) In general The non-Federal share of the cost of a flood risk management or hurricane and storm damage risk reduction measure using a nonstructural feature, or a natural feature or nature-based feature (as those terms are defined in section 2289a(a) of this title (2) Non-Federal contribution in excess of 35 percent At any time during construction of a project, if the Secretary determines that the costs of land, easements, rights-of-way, dredged material disposal areas, and relocations for the project, in combination with other costs contributed by the non-Federal interests, will exceed 35 percent, any additional costs for the project (not to exceed 65 percent of the total costs of the project) shall be a Federal responsibility and shall be contributed during construction as part of the Federal share. (c) Other purposes The non-Federal share of the cost assigned to other project purposes shall be as follows: (1) hydroelectric power: 100 percent, except that the marketing of such power and the recovery of costs of constructing, operating, maintaining, and rehabilitating such projects shall be in accordance with existing law: Provided November 17, 1986 section 7152 of title 42 (2) municipal and industrial water supply: 100 percent; (3) agricultural water supply: 35 percent; (4) recreation, including recreational navigation: 50 percent of separable costs and, in the case of any harbor or inland harbor or channel project, 50 percent of joint and separable costs allocated to recreational navigation; (5) hurricane and storm damage reduction: 35 percent; (6) aquatic plant control: 50 percent of control operations; and (7) environmental protection and restoration: 35 percent; except that nothing in this paragraph shall affect or limit the applicability of section 2283 of this title (d) Certain other costs assigned to project purposes (1) Construction Costs of constructing projects or measures for beach erosion control and water quality enhancement shall be assigned to appropriate project purposes listed in subsections (a), (b), and (c) and shall be shared in the same percentage as the purposes to which the costs are assigned, except that all costs assigned to benefits to privately owned shores (where use of such shores is limited to private interests) or to prevention of losses of private lands shall be borne by non-Federal interests and all costs assigned to the protection of federally owned shores shall be borne by the United States. (2) Periodic nourishment (A) In general In the case of a project authorized for construction after December 31, 1999 (i) after January 1, 2001 (ii) after January 1, 2002 (iii) after January 1, 2003 (B) Benefits to privately owned shores All costs assigned to benefits of periodic nourishment projects or measures to privately owned shores (where use of such shores is limited to private interests) or to prevention of losses of private land shall be borne by the non-Federal interest. (C) Benefits to federally owned shores All costs assigned to the protection of federally owned shores for periodic nourishment measures shall be borne by the United States. (e) Applicability (1) In general This section applies to any project (including any small project which is not specifically authorized by Congress and for which the Secretary has not approved funding before November 17, 1986 April 30, 1986 (2) Exceptions This section shall not apply to the Yazoo Basin, Mississippi, Demonstration Erosion Control Program, authorized by Public Law 988 section 202 of Public Law 96367 (f) Separable element defined For purposes of this Act, the term separable element means a portion of a project (1) which is physically separable from other portions of the project; and (2) which (A) achieves hydrologic effects, or (B) produces physical or economic benefits, which are separately identifiable from those produced by other portions of the project. (g) Deferral of payment (1) With respect to the projects listed in paragraph (2), no amount of the non-Federal share required under this section shall be required to be paid during the three-year period beginning on November 17, 1986 (2) The projects referred to in paragraph (1) are the following: (A) Boeuf and Tensas Rivers, Tensas Basin, Louisiana and Arkansas, authorized by the Flood Control Act of 1946; (B) Eight Mile Creek, Arkansas, authorized by Public Law 9988 (C) Rocky Bayou Area, Yazoo Backwater Area, Yazoo Basin, Mississippi, authorized by the Flood Control Act approved August 18, 1941 (h) Assigned joint and separable costs The share of the costs specified under this section for each project purpose shall apply to the joint and separable costs of construction of each project assigned to that purpose, except as otherwise specified in this Act. (i) Lands, easements, rights-of-way, dredged material disposal areas, and relocations Except as provided under section 2283(c) of this title (j) Agreement (1) Requirement for agreement (A) In general Any project to which this section applies (other than a project for hydroelectric power) shall be initiated only after non-Federal interests have entered into binding agreements with the Secretary to pay 100 percent of the operation, maintenance, and replacement and rehabilitation costs of the project, to pay the non-Federal share of the costs of construction required by this section, and to hold and save the United States free from damages due to the construction or operation and maintenance of the project, except for damages due to the fault or negligence of the United States or its contractors. (B) Inclusion An agreement under subparagraph (A) shall include a brief description and estimation of the anticipated operations, maintenance, and replacement and rehabilitation costs of the non-Federal interest for the project. (2) Elements of agreement The agreement required pursuant to paragraph (1) shall be in accordance with the requirements of section 1962d5b of title 42 (A) shall terminate or suspend work on the project unless the Secretary determines that continuation of the work is in the interest of the United States or is necessary in order to satisfy agreements with other non-Federal interests in connection with the project; and (B) may terminate or adjust the rights and privileges of the non-Federal interest to project outputs under the terms of the agreement. (k) Payment options (1) In general Except as otherwise provided in this section, the Secretary may permit the full non-Federal contribution to be made without interest during construction of the project or separable element, or with interest at a rate determined pursuant to section 2216 of this title (2) Renegotiation of terms (A) In general At the request of a non-Federal interest, the Secretary and the non-Federal interest may renegotiate the terms and conditions of an eligible deferred payment, including (i) permitting the non-Federal contribution to be made without interest, pursuant to paragraph (1); (ii) recalculation of the interest rate; (iii) full or partial forgiveness of interest accrued during the period of construction; and (iv) a credit against construction interest for a non-Federal investment that benefits the completion or performance of the project or separable element. (B) Eligible deferred payment An eligible deferred payment agreement under subparagraph (A) is an agreement for which (i) the non-Federal contribution was made with interest; (ii) the period of project construction exceeds 10 years from the execution of a project partnership agreement or appropriation of funds; and (iii) the construction interest exceeds $45,000,000. (3) Credit for non-Federal contribution (A) In general The Secretary is authorized to credit any costs incurred by the non-Federal interest (including in-kind contributions) to remedy a design or construction deficiency of a covered project or separable element toward the non-Federal share of the cost of the covered project, if the Secretary determines the remedy to be integral to the completion or performance of the covered project. (B) Credit of costs If the non-Federal interest incurs costs or in-kind contributions for a project to remedy a design or construction deficiency of a project or separable element which has a 100 percent Federal cost share, and the Secretary determines the remedy to be integral to the completion or performance of the project, the Secretary is authorized to credit such costs to any interest accrued on a deferred non-Federal contribution. (4) Treatment of pre-payment (A) In general Notwithstanding a deferred payment agreement with a non-Federal interest, the Secretary shall accept, without interest of any type, the repayment of a non-Federal contribution for any eligible deferred payment described in paragraph (2)(B) for which (i) the non-Federal interest makes a payment of at least $200,000,000 for that eligible deferred payment agreement on or before September 30, 2021 (ii) the non-Federal interest repays an amount equal to 23 of the remaining principal by September 30, 2023 (iii) the non-Federal interest repays the balance of remaining principal by June 1, 2032 (B) Repayment options Repayment of a non-Federal contribution under subparagraph (A)(iii) may be satisfied through the provision by the non-Federal interest of fish and wildlife mitigation for one or more projects or separable elements, if the Secretary determines that (i) the non-Federal interest has incurred costs for the provision of mitigation that (I) equal or exceed the amount of the required repayment; and (II) are in excess of any required non-Federal contribution for the project or separable element for which the mitigation is provided; and (ii) the mitigation is integral to the project for which it is provided. (l) Delay of payment (1) Initial payment At the request of any non-Federal interest the Secretary may permit such non-Federal interest to delay the initial payment of any non-Federal contribution under this section or section 2211 of this title section 2216 of this title (2) Interest (A) In general At the request of any non-Federal interest, the Secretary may waive the accrual of interest on any non-Federal cash contribution under this section or section 2211 of this title (i) the waiver will contribute to the ability of the non-Federal interest to make future contributions; and (ii) the non-Federal interest is in good standing under terms agreed to under subsection (k)(1). (B) Limitations The Secretary may grant not more than 1 waiver under subparagraph (A) for the same project. (m) Ability to pay (1) In general Any cost-sharing agreement under this section for a feasibility study, or for construction of an environmental protection and restoration project, a flood control project, a project for navigation, storm damage protection, shoreline erosion, hurricane protection, or recreation, or an agricultural water supply project, shall be subject to the ability of the non-Federal interest to pay. (2) Criteria and procedures The ability of a non-Federal interest to pay shall be determined by the Secretary in accordance with criteria and procedures in effect under paragraph (3) on the day before December 11, 2000 December 31, 2007 (3) Revision of criteria and procedures In revising criteria and procedures pursuant to paragraph (2), the Secretary (A) shall consider (i) per capita income data for the county or counties in which the project is to be located; and (ii) the per capita non-Federal cost of construction of the project for the county or counties in which the project is to be located; and (B) may consider additional criteria relating to the non-Federal interests financial ability to carry out its cost-sharing responsibilities, to the extent that the application of such criteria does not eliminate areas from eligibility for a reduction in the non-Federal share as determined under subparagraph (A). (4) Non-Federal share Notwithstanding subsection (a), the Secretary may reduce the requirement that a non-Federal interest make a cash contribution for any project that is determined to be eligible for a reduction in the non-Federal share under criteria and procedures in effect under paragraphs (1), (2), and (3). (n) Non-Federal contributions (1) Prohibition on solicitation of excess contributions The Secretary may not (A) solicit contributions from non-Federal interests for costs of constructing authorized water resources projects or measures in excess of the non-Federal share assigned to the appropriate project purposes listed in subsections (a), (b), and (c); or (B) condition Federal participation in such projects or measures on the receipt of such contributions. (2) Limitation on statutory construction Nothing in this subsection shall be construed to affect the Secretarys authority under section 903(c). 1 1 ( Pub. L. 99662, title I,  103 Nov. 17, 1986 100 Stat. 4084 Pub. L. 101640, title III,  305(a) Nov. 28, 1990 104 Stat. 4635 Pub. L. 102580, title II,  201(a) Oct. 31, 1992 106 Stat. 4825 Pub. L. 104303, title II Oct. 12, 1996 110 Stat. 3673 Pub. L. 10653, title II Aug. 17, 1999 113 Stat. 292 Pub. L. 106109,  5 Nov. 24, 1999 113 Stat. 1495 Pub. L. 106541, title II,  204 Dec. 11, 2000 114 Stat. 2589 Pub. L. 110114, title II Nov. 8, 2007 121 Stat. 1067 Pub. L. 116260, div. AA, title I Dec. 27, 2020 134 Stat. 2627 Pub. L. 117263, div. H, title LXXXI Dec. 23, 2022 136 Stat. 3829  Editorial Notes  References in Text Public Law 988 Pub. L. 988 Mar. 24, 1983 97 Stat. 13 Section 202 of Public Law 96367 section 202 of Pub. L. 96367 Oct. 1, 1980 94 Stat. 1339 This Act, referred to in subsecs. (f) and (h), is Pub. L. 99662 Nov. 17, 1986 100 Stat. 4082 section 2201 of this title The Flood Control Act of 1946, referred to in subsec. (g)(2)(A), is act July 24, 1946, ch. 596 60 Stat. 641 Public Law 9988 Pub. L. 9988 Aug. 15, 1985 99 Stat. 293 Pub. L. 9988 The Flood Control Act approved August 18, 1941 act Aug. 18, 1941, ch. 377 55 Stat. 638 Section 903(c), referred to in subsec. (n)(2), is section 903(c) of Pub. L. 99662 Nov. 17, 1986 100 Stat. 4184 Amendments 2022Subsec. (k)(4). Pub. L. 117263,  8386 Subsec. ( l Pub. L. 117263,  8385 2020Subsec. (b). Pub. L. 116260,  115(b)(1) Subsec. (b)(1). Pub. L. 116260,  115(b)(2) section 2289a(a) of this title Subsec. (j)(1). Pub. L. 116260,  143 Subsec. (k). Pub. L. 116260,  351 2007Subsec. (m)(2). Pub. L. 110114,  2019(a) December 31, 2007 December 11, 2000 Subsec. (n). Pub. L. 110114,  2001 2000Subsec. (m)(1), (2). Pub. L. 106541,  204(1) Subsec. (m)(3)(B), (C). Pub. L. 106541,  204(2) October 12, 1996 1999Subsec. (b). Pub. L. 10653,  219(c)(1) Subsec. (b)(2). Pub. L. 10653,  219(c)(2) Subsec. (d). Pub. L. 10653,  215(a) Subsec. (d)(2)(A). Pub. L. 106109 1996Subsecs. (a)(2), (b). Pub. L. 104303,  202(a)(1)(A) Subsec. (c)(7). Pub. L. 104303,  210(a) Subsec. (e)(1). Pub. L. 104303,  202(a)(2) Subsec. (m). Pub. L. 104303,  202(b)(1) 1992Subsec. (i). Pub. L. 102580,  333(b)(2) section 2283(c) of this title Subsec. (m). Pub. L. 102580,  201(a) (1) General rule (2) Procedures. (A) In general (B) Limitations (C) Regulations November 28, 1990 1990Subsec. (m). Pub. L. 101640 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Pub. L. 104303, title II,  202(a)(1)(B) Oct. 12, 1996 110 Stat. 3673 The amendments made by subparagraph (A) [amending this section] shall apply to any project authorized after the date of the enactment of this Act [ Oct. 12, 1996 Pub. L. 104303, title II,  202(b)(2) Oct. 12, 1996 110 Stat. 3674  (A)  Generally Subject to subparagraph (C), the amendment made by paragraph (1) [amending this section] shall apply to any project, or separable element thereof, with respect to which the Secretary and the non-Federal interest enter into a project cooperation agreement after December 31, 1997 (B)  Amendment of cooperation agreement If requested by the non-Federal interest, the Secretary shall amend a project cooperation agreement executed on or before the date of the enactment of this Act [ Oct. 12, 1996 (C)  Non-federal option If requested by the non-Federal interest, the Secretary shall apply the criteria and procedures established pursuant to section 103(m) of the Water Resources Development Act of 1986 [subsec. (m) of this section] as in effect on the day before the date of the enactment of this Act for projects that are authorized before the date of the enactment of this Act. [Reference to project cooperation agreement deemed to be reference to project partnership agreement, see section 2003(f)(2) of Pub. L. 110114 section 1962d5b of Title 42 Pub. L. 104303, title II,  210(b) Oct. 12, 1996 110 Stat. 3681 The amendments made by subsection (a) [amending this section] apply only to projects authorized after the date of the enactment of this Act [ Oct. 12, 1996 Continuation of Existing Regulations Pub. L. 101640, title III,  305(b) Nov. 28, 1990 104 Stat. 4635 Regulations issued to carry out section 103(m) of the Water Resources Development Act of 1986 [ 33 U.S.C. 2213(m) Nov. 28, 1990 Reports to Congress Pub. L. 10071, title I July 11, 1987 101 Stat. 401 The Secretary of the Army shall file a report with the appropriate committees of the House of Representatives and the Senate within ninety days after a written request is made pursuant to the provisions of subsection (m) of section 103 of Public Law 99662 33 U.S.C. 2213(m) July 11, 1987 section 103 of Public Law 99662  2213a. Treatment of certain benefits and costs (a) In general In the case of a flood risk management or coastal storm risk management project in a region of moderate or high seismic hazard, for the purpose of a benefit-cost analysis for the project, the Secretary shall not include in that analysis any additional design and construction costs resulting from addressing seismic concerns. (b) Savings provision Except with respect to the benefit-cost analysis, the additional costs referred to in subsection (a) shall be (1) included in the total project cost; and (2) subject to cost-share requirements otherwise applicable to the project. ( Pub. L. 116260, div. AA, title I,  152 Dec. 27, 2020 134 Stat. 2658 Pub. L. 117263, div. H, title LXXXI,  8380 Dec. 23, 2022 136 Stat. 3828  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. Amendments 2022Subsec. (a). Pub. L. 117263 Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of div. AA of Pub. L. 116260 section 2201 of this title  2214. General credit for flood control (a) Guidelines Within one year after November 17, 1986 (b) Analysis of costs and benefits The guidelines established under subsection (a) shall provide for the Secretary to consider, in analyzing the costs and benefits of a proposed project for flood control, the costs and benefits produced by any flood control work carried out by non-Federal interests that the Secretary determines to be compatible with the project. For purposes of the preceding sentence the Secretary may consider only work carried out after the date which is 5 years before the first obligation of funds for the reconnaissance study for such project. In no case may work which was carried out more than 5 years before November 17, 1986 (c) Crediting of non-Federal share The guidelines established under subsection (a) shall provide for crediting the cost of work carried out by the non-Federal interests against the non-Federal share of the cost of an authorized project for flood control as follows: (1) Work which is carried out after the end of the reconnaissance study and before the submission to Congress of the final report of the Chief of Engineers on the project and which is determined by the Secretary to be compatible with the project shall be included as part of the project and shall be recommended by the Secretary in the final report for credit against the non-Federal share of the cost of the project. (2) Work which is carried out after submission of the final report of the Chief of Engineers to Congress and which is determined by the Secretary to be compatible with the project shall be considered as part of the project and shall be credited by the Secretary against the non-Federal share of the cost of the project in accordance with the guidelines promulgated pursuant to subsection (a). In no event may work which was carried out more than 5 years before November 17, 1986 (d) Procedure for work done before November 17, 1986 The Secretary shall consider, under subsections (b) and (c), work carried out before November 17, 1986 March 31, 1987 (e) Procedure for work done after November 17, 1986 The Secretary shall consider work carried out after November 17, 1986 November 17, 1986 (f) Limitation not applicable Any flood control work included as part of the non-Federal share of the cost of a project under this section shall not be subject to the limitation contained in the last sentence of section 1962d5a(a) of title 42 (g) Cash contribution not affected Nothing in this section affects the requirement of section 2213(a)(1)(A) of this title ( Pub. L. 99662, title I,  104 Nov. 17, 1986 100 Stat. 4087  Editorial Notes  References in Text This Act, referred to in subsecs. (b) and (c), is Pub. L. 99662 Nov. 17, 1986 100 Stat. 4082 section 2201 of this title  2215. Feasibility studies; planning, engineering, and design (a) Feasibility studies (1) Cost sharing (A) In general The Secretary shall not initiate any feasibility study for a water resources project after November 17, 1986 (B) Payment of cost share during period of study During the period of the study, the non-Federal share of the cost of the study payable under subparagraph (A) shall be 50 percent of the sum of (i) the cost estimate for the study as contained in the feasibility cost-sharing agreement; and (ii) any excess of the cost of the study over the cost estimate if the excess results from (I) a change in Federal law; or (II) a change in the scope of the study requested by the non-Federal interests. (C) Payment of cost share on authorization of project or termination of study (i) Project timely authorized Except as otherwise agreed to by the Secretary and the non-Federal interests and subject to clause (ii), the non-Federal share of any excess of the cost of the study over the cost estimate (excluding any excess cost described in subparagraph (B)(ii)) shall be payable on the date on which the Secretary and the non-Federal interests enter into an agreement pursuant to section 2211(e) or 2213(j) of this title with respect to the project. (ii) Project not timely authorized If the project that is the subject of the study is not authorized by the date that is 5 years after the completion of the final report of the Chief of Engineers concerning the study or the date that is 2 years after the termination of the study, the non-Federal share of any excess of the cost of the study over the cost estimate (excluding any excess cost described in subparagraph (B)(ii)) shall be payable to the United States on that date. (D) Amendment of cost estimate The cost estimate referred to in subparagraph (B)(i) may be amended only by agreement of the Secretary and the non-Federal interests. (E) In-kind contributions The non-Federal share required under this paragraph may be satisfied by the provision of services, materials, supplies, or other in-kind services necessary to prepare the feasibility report. (2) Applicability This subsection shall not apply to any water resources study primarily designed for the purposes of navigational improvements in the nature of dams, locks, and channels on the Nations system of inland waterways. (3) Detailed project reports The requirements of this subsection that apply to a feasibility study also shall apply to a study that results in a detailed project report, except that (A) the first $100,000 of the costs of a study that results in a detailed project report shall be a Federal expense; and (B) paragraph (1)(C)(ii) shall not apply to such a study. (b) Planning and engineering The Secretary shall not initiate any planning or engineering for a water resources project until appropriate non-Federal interests agree, by contract, to contribute 50 percent of the cost of the planning and engineering during the period of the planning and engineering. Costs of planning and engineering of projects for which non-Federal interests contributed 50 percent of the cost of the feasibility study shall be treated as costs of construction. (c) Design Costs of design of a water resources project shall be shared in the same percentage as the purposes of such project. (d) Definitions In this section, the following definitions apply: (1) Detailed project report The term detailed project report means a report for a project not specifically authorized by Congress in law or otherwise that determines the feasibility of the project with a level of detail appropriate to the scope and complexity of the recommended solution and sufficient to proceed directly to the preparation of contract plans and specifications. The term includes any associated environmental impact statement and mitigation plan. For a project for which the Federal cost does not exceed $1,000,000, the term includes a planning and design analysis document. (2) Feasibility study The term feasibility study means a study that results in a feasibility report under section 2282 of this title 114 Stat. 26802694 ( Pub. L. 99662, title I,  105 Nov. 17, 1986 100 Stat. 4088 Pub. L. 101640, title III,  301 Nov. 28, 1990 104 Stat. 4633 Pub. L. 104303, title II,  203(a) Oct. 12, 1996 110 Stat. 3677 Pub. L. 106541, title II,  225 Dec. 11, 2000 114 Stat. 2598 Pub. L. 110114, title II,  2043(a) Nov. 8, 2007 121 Stat. 1101  Editorial Notes  References in Text The Water Resources Development Act of 2000, referred to in subsec. (d)(2), is Pub. L. 106541 Dec. 11, 2000 114 Stat. 2572 section 2201 of this title Amendments 2007Subsec. (a)(3). Pub. L. 110114,  2043(a)(1) Subsec. (b). Pub. L. 110114,  2043(a)(2) Subsec. (d). Pub. L. 110114,  2043(a)(3) 2000Subsec. (a)(1)(E). Pub. L. 106541 1996Subsec. (a)(1). Pub. L. 104303,  203(a)(1) November 17, 1986 Subsec. (a)(2). Pub. L. 104303,  203(a)(2) 1990Subsec. (b). Pub. L. 101640 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Pub. L. 104303, title II,  203(b) Oct. 12, 1996 110 Stat. 3678 The amendments made by subsection (a) [amending this section] shall apply notwithstanding any feasibility cost-sharing agreement entered into by the Secretary and the non-Federal interests. On request of the non-Federal interest, the Secretary shall amend any feasibility cost-sharing agreements in effect on the date of the enactment of this Act [ Oct. 12, 1996 No Requirement of Reimbursement Pub. L. 104303, title II,  203(c) Oct. 12, 1996 110 Stat. 3678 Nothing in this section [amending this section and enacting provisions set out above] or any amendment made by this section requires the Secretary to reimburse the non-Federal interests for funds previously contributed for a study.  2216. Rate of interest  Whenever a non-Federal interest is required or elects to repay an amount under this Act over a period of time, the amount to be repaid shall include interest at a rate determined by the Secretary of the Treasury, taking into consideration the average market yields on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the reimbursement period, during the month preceding the fiscal year in which costs for the construction of the project are first incurred (or in the case of recalculation the fiscal year in which the recalculation is made), plus a premium of one-eighth of one percentage point for transaction costs; except that such rates for hydroelectric power shall be in accordance with existing law. ( Pub. L. 99662, title I,  106 Nov. 17, 1986 100 Stat. 4089  Editorial Notes  References in Text This Act, referred to in text, is Pub. L. 99662 Nov. 17, 1986 100 Stat. 4082 section 2201 of this title  2217. Limitation on applicability of certain provisions in reports  If any provision in any report designated by this Act recommends that a State contribute in cash 5 percent of the construction costs allocated to non-vendible project purposes and 10 percent of the construction costs allocated to vendible project purposes, such provision shall not apply to the project recommended in such report. ( Pub. L. 99662, title I,  107 Nov. 17, 1986 100 Stat. 4089  Editorial Notes  References in Text This Act, referred to in text, is Pub. L. 99662 Nov. 17, 1986 100 Stat. 4082 section 2201 of this title  2218. General applicability of cost sharing  Unless otherwise specified, the cost sharing provisions of this subchapter shall apply to all projects in this Act. The Federal share of any cost of a project authorized by this Act for which cost a Federal share is not established in this subchapter, shall be the share of such cost otherwise provided by law. ( Pub. L. 99662, title I,  108 Nov. 17, 1986 100 Stat. 4089  Editorial Notes  References in Text This Act, referred to in text, is Pub. L. 99662 Nov. 17, 1986 100 Stat. 4082 section 2201 of this title  2219. Definitions  For purposes of this subchapter, terms shall have the meanings given by section 2241 of this title ( Pub. L. 99662, title I,  109 Nov. 17, 1986 100 Stat. 4089  2220. Rivers and harbors and other waterways projects for benefit of navigation, flood control, hurricane protection, beach erosion control, and other purposes (a) Congressional declaration of policy; purchase of indebtedness and loans to local interests to meet contribution requirements In the prosecution of projects for rivers and harbors and other waterways for the benefit of navigation, the control of destructive flood waters, hurricane protection, beach erosion control, and for other purposes, authorized to be prosecuted under the direction of the Secretary of the Army under the supervision of the Chief of Engineers in accordance with plans adopted and authorized by the Congress, it is hereby declared to be the policy of the Congress, that whenever such projects are located wholly or partially within an area which is eligible for financial assistance under the Public Works and Economic Development Act of 1965 [ 42 U.S.C. 3121 (b) Authorization of appropriations There is hereby authorized to be appropriated to carry out this section, not to exceed $10,000,000 per fiscal year for the fiscal year ending June 30, 1966 June 30, 1970 ( Pub. L. 89298, title II,  217 Oct. 27, 1965 79 Stat. 1088  Editorial Notes  References in Text The Public Works and Economic Development Act of 1965, referred to in subsec. (a), is Pub. L. 89136 Aug. 26, 1965 79 Stat. 552 section 3121 of Title 42 Codification Section was formerly classified to section 3142a of Title 42 Section was not enacted as part of the Water Resources Development Act of 1986 which comprises this chapter.  2221. Cost limitations on projects  Beginning in fiscal year 2006 and thereafter, agreements proposed for execution by the Assistant Secretary of the Army for Civil Works or the United States Army Corps of Engineers after November 19, 2005 section 560 of this title 1 1 Public Law 75208 1 section 1962d5a of title 42 1 1 ( Pub. L. 109103, title I,  102 Nov. 19, 2005 119 Stat. 2253  Editorial Notes  References in Text Section 561 of this title Pub. L. 115270, title I,  1166(c) Oct. 23, 2018 132 Stat. 3798 The Civil Functions Appropriations Act, 1936, Public Law 75208 act July 19, 1937, ch. 511 50 Stat. 515 act June 22, 1936, ch. 688,  5 section 701h of this title Sections 426i1 and 701b13 of this title, referred to in text, were repealed by Pub. L. 113121, title I,  1014(c)(2) June 10, 2014 128 Stat. 1222 Codification Section was enacted as part of the Energy and Water Development Appropriations Act, 2006, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Prior Provisions Provisions similar to those in this section were contained in the following prior appropriation acts: Pub. L. 108447, div. C, title I,  101 Dec. 8, 2004 118 Stat. 2941 Pub. L. 10913, div. A, title VI,  6005 May 11, 2005 119 Stat. 282 Pub. L. 108137, title I,  101 Dec. 1, 2003 117 Stat. 1833 Pub. L. 1087, div. D, title I,  101 Feb. 20, 2003 117 Stat. 138 Pub. L. 10766, title I,  103 Nov. 12, 2001 115 Stat. 493 Pub. L. 106377,  1(a)(2) [title I,  102] Oct. 27, 2000 114 Stat. 1441 Pub. L. 10660, title I,  102 Sept. 29, 1999 113 Stat. 487  2222. Use of other Federal funds The non-Federal interest for a water resources development study or project, including a study or project under a continuing authority program (as defined in section 2282d(c)(1)(D) of this title (1) the statutory authority for the funds provided by the Federal agency does not expressly prohibit use of the funds for a study or project of the Corps of Engineers; and (2) the Federal agency that provides the funds determines that the study or project activities for which the funds will be used are otherwise eligible for funding under such statutory authority. ( Pub. L. 110114, title II,  2007 Nov. 8, 2007 121 Stat. 1073 Pub. L. 117263, div. H, title LXXXI,  8149 Dec. 23, 2022 136 Stat. 3731  Editorial Notes Amendments 2022 Pub. L. 117263 section 2282d(c)(1)(D) of this title Codification Section was enacted as part of the Water Resources Development Act of 2007, 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 Pub. L. 110114 section 2201 of this title  2223. Transfer of excess credit (a) Application of credit (1) In general Subject to subsection (b), the Secretary may apply credit for in-kind contributions provided by a non-Federal interest that are in excess of the required non-Federal cost share for a water resources development study or project toward the required non-Federal cost share for a different water resources development study or project. (2) Application prior to completion of project On request of a non-Federal interest, the credit described in paragraph (1) may be applied prior to completion of a study or project, if the credit amount is verified by the Secretary. (3) Studies and projects with multiple non-Federal interests A credit described in paragraph (1) for a study or project with multiple non-Federal interests may be applied to the required non-Federal cost share for a study or project of any such non-Federal interest, if each such non-Federal interest agrees in writing to such application. (b) Restrictions (1) In general Except for subsection (a)(4)(D)(i) of that section, the requirements of section 1962d5b of title 42 (2) Conditions Credit in excess of the non-Federal share for a study or project may be approved under this section only if (A) the non-Federal interest submits a comprehensive plan to the Secretary that identifies (i) the studies and projects for which the non-Federal interest intends to provide in-kind contributions for credit that are in excess of the non-Federal cost share for the study or project; and (ii) the authorized studies and projects to which that excess credit would be applied; (B) the Secretary approves the comprehensive plan; and (C) the total amount of credit does not exceed the total non-Federal share for the studies and projects in the approved comprehensive plan. (3) Conditional approval of excess credit Notwithstanding paragraph (2)(A)(ii), the Secretary may approve credit in excess of the non-Federal share for a study or project prior to the identification of each authorized study or project to which the excess credit will be applied, subject to the condition that the non-Federal interest agrees to submit for approval by the Secretary an amendment to the comprehensive plan prepared under paragraph (2) that identifies each authorized study or project in advance of execution of the feasibility cost-sharing agreement or project partnership agreement for that authorized study or project. (c) Additional criteria In evaluating a request to apply credit in excess of the non-Federal share for a study or project toward a different study or project, the Secretary shall consider whether applying that credit will (1) help to expedite the completion of a project or group of projects; (2) reduce costs to the Federal Government; and (3) aid the completion of a project that provides significant flood risk reduction or environmental benefits. (d) Termination of authority The authority provided in this section shall terminate on December 31, 2028 (e) Report (1) Deadlines (A) In general Not later than 2 years after June 10, 2014 (B) Final report Not later than December 31, 2028 (2) Inclusions The reports described in paragraph (1) shall include (A) a description of the use of the authority under this section during the reporting period; (B) an assessment of the impact of the authority under this section on the time required to complete projects; and (C) an assessment of the impact of the authority under this section on other water resources projects. ( Pub. L. 113121, title I,  1020 June 10, 2014 128 Stat. 1227 Pub. L. 114322, title I,  1166 Dec. 16, 2016 130 Stat. 1670 Pub. L. 117263, div. H, title LXXXI,  8383 Dec. 23, 2022 136 Stat. 3829  Editorial Notes  References in Text Section 1018(a), referred to in subsec. (b)(1), means section 1018(a) of Pub. L. 113121 Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 2022Subsec. (a)(3). Pub. L. 117263,  8383(1) Subsec. (b)(3). Pub. L. 117263,  8383(2) Subsec. (d). Pub. L. 117263,  8383(3) December 31, 2028 June 10, 2014 Subsec. (e)(1)(B). Pub. L. 117263,  8383(4) December 31, 2028 June 10, 2014 2016Subsec. (a). Pub. L. 114322 Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121 section 2201 of this title  2224. Crediting authority for federally authorized navigation projects  A non-Federal interest may carry out operation and maintenance activities for an authorized navigation project, subject to the condition that the non-Federal interest complies with all Federal laws and regulations applicable to such operation and maintenance activities, and may receive credit for the costs incurred by the non-Federal interest in carrying out such activities towards the share of construction costs of that non-Federal interest for another element of the same project or another authorized navigation project, except that in no instance may such credit exceed 20 percent of the total costs associated with construction of the general navigation features of the project for which such credit may be applied pursuant to this section. ( Pub. L. 113121, title I,  1021 June 10, 2014 128 Stat. 1228  Editorial Notes Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.  2225. Credit or reimbursement (a) Requests for credits With respect to an authorized flood damage reduction project, or separable element thereof, that has been constructed by a non-Federal interest under section 701b13 1 1 section 561 of this title October 23, 2018 (b) Application of credits At the request of the non-Federal interest, the Secretary may apply all or a portion of such credit to the share of the cost of the non-Federal interest of carrying out other flood damage reduction and coastal navigation projects or studies. (c) Application of reimbursement At the request of the non-Federal interest, the Secretary may apply such funds, subject to the availability of appropriations, equal to the share of the cost of the non-Federal interest of carrying out other flood damage reduction and coastal navigation projects or studies. ( Pub. L. 113121, title I,  1022 June 10, 2014 128 Stat. 1228 Pub. L. 114322, title I,  1171 Dec. 16, 2016 130 Stat. 1671 Pub. L. 115270, title I,  1136(a) Oct. 23, 2018 132 Stat. 3783  Editorial Notes  References in Text Section 701b13 of this title Pub. L. 113121, title I June 10, 2014 128 Stat. 1222 Amendments 2018 Pub. L. 115270 2016Subsec. (a). Pub. L. 114322,  1171(1) December 31, 2014 section 701b13 of this title section 701b13 of this title June 10, 2014 Subsec. (b). Pub. L. 114322,  1171(2) Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, 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 Pub. L. 113121 section 2201 of this title  2226. Water resources projects on Federal land (a) In general Subject to subsection (b), the Secretary may carry out an authorized water resources development project on Federal land that is under the administrative jurisdiction of another Federal agency where the cost of the acquisition of such Federal land has been paid for by the non-Federal interest for the project. (b) MOU required The Secretary may carry out a project pursuant to subsection (a) only after the non-Federal interest has entered into a memorandum of understanding with the Federal agency that includes such terms and conditions as the Secretary determines to be necessary. (c) Applicability Nothing in this section alters any non-Federal cost-sharing requirements for the project. ( Pub. L. 113121, title I,  1025 June 10, 2014 128 Stat. 1229  Editorial Notes Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, 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 Pub. L. 113121 section 2201 of this title  2227. Clarification of impacts to other Federal facilities  In any case where the modification or construction of a water resources development project carried out by the Secretary adversely impacts other Federal facilities, the Secretary may accept from other Federal agencies such funds as may be necessary to address the adverse impact, including by removing, relocating, or reconstructing those facilities. ( Pub. L. 113121, title I,  1026 June 10, 2014 128 Stat. 1229  Editorial Notes Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, 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 Pub. L. 113121 section 2201 of this title SUBCHAPTER II HARBOR DEVELOPMENT  2231. Study of water resources development projects by non-Federal interests (a) Submission to Secretary (1) In general A non-Federal interest may undertake a federally authorized feasibility study of a proposed water resources development project, or, upon the written approval of the Secretary that the modifications are consistent with the authorized purposes of the project, undertake a feasibility study on modifications to a water resources development project constructed by the Corps of Engineers, and submit the study to the Secretary. (2) Guidelines To assist non-Federal interests, the Secretary, as soon as practicable, shall issue guidelines for the formulation of feasibility studies of water resources development projects undertaken by non-Federal interests to (A) ensure that any feasibility study with respect to which the Secretary submits an assessment to Congress under subsection (c) complies with all of the requirements that would apply to a feasibility study undertaken by the Secretary; and (B) provide sufficient information for the formulation of the studies, including processes and procedures related to reviews and assistance under subsection (e). (b) Review by Secretary (1) In general The Secretary shall review each feasibility study received under subsection (a)(1) for the purpose of determining whether or not the study, and the process under which the study was developed, each comply with Federal laws and regulations applicable to feasibility studies of water resources development projects. (2) Timing The Secretary may not submit to Congress an assessment of a feasibility study under this section until such time as the Secretary (A) determines that the feasibility study complies with all of the requirements that would apply to a feasibility study undertaken by the Secretary; and (B) completes all of the Federal analyses, reviews, and compliance processes under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (3) Initiation of review (A) Request (i) Submission The non-Federal interest may submit to the Secretary a request that the Secretary initiate the analyses, reviews, and compliance processes described in paragraph (2)(B) with respect to the proposed project prior to the non-Federal interests submission of a feasibility study under subsection (a)(1). (ii) Effect Receipt by the Secretary of a request submitted under clause (i) shall be considered the receipt of a proposal or application that will lead to a major Federal action that is subject to the requirements of section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) (B) Deadline Not later than 10 days after the Secretary receives a request under this paragraph, the Secretary shall begin the required analyses, reviews, and compliance processes. (4) Notification Upon receipt of a request under paragraph (3), the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of the request and a timeline for completion of the required analyses, reviews, and compliance processes. (5) Status updates Not later than 30 days after receiving a request under paragraph (3), and every 30 days thereafter until the Secretary submits an assessment under subsection (c) for the applicable feasibility study, the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the non-Federal interest of the status of the Secretarys required analyses, reviews, and compliance processes. (c) Submission to Congress (1) Review and submission of studies to Congress Not later than 180 days after the completion of review of a feasibility study under subsection (b), 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 an assessment that describes (A) the results of the Secretarys review of the study under subsection (b), including a determination of whether the project is feasible; (B) any recommendations the Secretary may have concerning the plan or design of the project; and (C) any conditions the Secretary may require for construction of the project. (2) Limitation The completion of the review by the Secretary of a feasibility study that has been submitted under subsection (a)(1) may not be delayed as a result of consideration being given to changes in policy or priority with respect to project consideration. (d) Credit If a project for which a feasibility study has been submitted under subsection (a)(1) is authorized by a Federal law enacted after the date of the submission to Congress under subsection (c), the Secretary shall credit toward the non-Federal share of the cost of construction of the project an amount equal to the portion of the cost of developing the study that would have been the responsibility of the United States if the study had been developed by the Secretary. (e) Review and technical assistance (1) Review The Secretary may accept and expend funds provided by non-Federal interests to undertake reviews, inspections, certifications, and other activities that are the responsibility of the Secretary in carrying out this section. (2) Technical assistance At the request of a non-Federal interest, the Secretary shall provide to the non-Federal interest technical assistance relating to any aspect of a feasibility study if the non-Federal interest contracts with the Secretary to pay all costs of providing such technical assistance. (3) Limitation Funds provided by non-Federal interests under this subsection shall not be eligible for credit under subsection (d) or reimbursement. (4) Impartial decisionmaking In carrying out this section, the Secretary shall ensure that the use of funds accepted from a non-Federal interest will not affect the impartial decisionmaking of the Secretary, either substantively or procedurally. (5) Savings provision The provision of technical assistance by the Secretary under paragraph (2) (A) shall not be considered to be an approval or endorsement of the feasibility study; and (B) shall not affect the responsibilities of the Secretary under subsections (b) and (c). ( Pub. L. 99662, title II,  203 Nov. 17, 1986 100 Stat. 4098 Pub. L. 113121, title I,  1014(a) June 10, 2014 128 Stat. 1219 Pub. L. 114322, title I,  1126 Dec. 16, 2016 130 Stat. 1648 Pub. L. 115270, title I,  1152 Oct. 23, 2018 132 Stat. 3788 Pub. L. 116260, div. AA, title I,  161(a) Dec. 27, 2020 134 Stat. 2665  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsec. (b)(2)(B), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 Amendments 2020Subsec. (a)(1). Pub. L. 116260,  161(a)(1)(A) Subsec. (a)(2). Pub. L. 116260,  161(a)(1)(B) Subsec. (b). Pub. L. 116260,  161(a)(2) Subsec. (c)(1). Pub. L. 116260,  161(a)(3) 2018Subsec. (a)(1). Pub. L. 115270,  1152(1) Subsec. (c). Pub. L. 115270,  1152(2) (1) the results of the Secretarys review of the study under subsection (b), including a determination of whether the project is feasible; (2) any recommendations the Secretary may have concerning the plan or design of the project; and (3) any conditions the Secretary may require for construction of the project. Subsec. (e). Pub. L. 115270,  1152(3) 2016Subsec. (e). Pub. L. 114322 2014 Pub. L. 113121 Statutory Notes and Related Subsidiaries Short Title For short title of title II of Pub. L. 99662 section 215 of Pub. L. 99662 section 2201 of this title Deadline Pub. L. 116260, div. AA, title I,  161(b) Dec. 27, 2020 134 Stat. 2667 Not later than 90 days after the date of enactment of this Act [ Dec. 27, 2020 33 U.S.C. 2231 Hold Harmless Pub. L. 116260, div. AA, title I,  161(c) Dec. 27, 2020 134 Stat. 2667  (1)  One-year window The amendments made by this section [amending this section] shall not apply to any feasibility study submitted to the Secretary [of the Army] under section 203 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2231 Dec. 27, 2020 (2) 2020 projects The amendments made by this section shall not apply to any project authorized by section 403 of this Act [ section 403 of div. AA of Pub. L. 116260 134 Stat. 2743  2232. Construction of water resources development projects by non-Federal interests (a) Water resources development project defined In this section, the term water resources development project means a project recommendation that results from (1) a feasibility report, as such term is defined in section 2282d(f) 1 1 (2) a completed feasibility study developed under section 2231 of this title (3) a final feasibility study for water resources development and conservation and other purposes that is specifically authorized by Congress to be carried out by the Secretary. (b) Authority (1) In general A non-Federal interest may carry out a federally authorized water resources development project, or separable element thereof (A) in accordance with a plan approved by the Secretary for the project or separable element; and (B) subject to any conditions that the Secretary may require, including any conditions specified under section 2231(c)(3) of this title (2) Conditions Before carrying out a water resources development project, or separable element thereof, under this section, a non-Federal interest shall (A) obtain any permit or approval required in connection with the project or separable element under Federal or State law, except as provided in paragraph (3); and (B) ensure that a final environmental impact statement or environmental assessment, as appropriate, for the project or separable element has been filed. (3) Permit exception (A) In general For a project described in subsection (a)(1) or subsection (a)(3), or a separable element thereof, with respect to which a written agreement described in subparagraph (B) has been entered into, a non-Federal interest that carries out a project under this section shall not be required to obtain any Federal permits or approvals that would not be required if the Secretary carried out the project or separable element unless significant new circumstances or information relevant to environmental concerns or compliance have arisen since development of the project recommendation. (B) Written agreement For purposes of this paragraph, a written agreement shall provide that the non-Federal interest shall comply with the same legal and technical requirements that would apply if the project or separable element were carried out by the Secretary, including all mitigation required to offset environmental impacts of the project or separable element as determined by the Secretary. (C) Certifications Notwithstanding subparagraph (A), if a non-Federal interest carrying out a project under this section would, in the absence of a written agreement entered into under this paragraph, be required to obtain a certification from a State under Federal law to carry out the project, such certification shall still be required if a written agreement is entered into with respect to the project under this paragraph. (4) Data sharing (A) In general If a non-Federal interest for a water resources development project begins to carry out that water resources development project under this section, the non-Federal interest may request that the Secretary transfer to the non-Federal interest all relevant data and documentation under the control of the Secretary with respect to that water resources development project. (B) Deadline Except as provided in subparagraph (C), the Secretary shall transfer the data and documentation requested by a non-Federal interest under subparagraph (A) not later than the date that is 90 days after the date on which the non-Federal interest so requests such data and documentation. (C) Limitation Nothing in this paragraph obligates the Secretary to share any data or documentation that the Secretary considers to be proprietary information. (c) Studies and engineering (1) In general When requested by an appropriate non-Federal interest, the Secretary shall undertake all necessary studies, engineering, and technical assistance on construction for any project to be undertaken under this section, and provide technical assistance in obtaining all necessary permits for the construction, if the non-Federal interest contracts with the Secretary to furnish the United States funds for the studies, engineering, or technical assistance on construction in the period during which the studies, engineering, or technical assistance on construction are being conducted. (2) No waiver Nothing in this section may be construed to waive any requirement of section 3142 of title 40 (3) Limitation Funds provided by non-Federal interests under this subsection shall not be eligible for credit or reimbursement under subsection (d). (4) Impartial decisionmaking In carrying out this section, the Secretary shall ensure that the use of funds accepted from a non-Federal interest will not affect the impartial decisionmaking of the Secretary, either substantively or procedurally. (d) Credit or reimbursement (1) General rule Subject to paragraph (3), a project or separable element of a project carried out by a non-Federal interest under this section shall be eligible for credit or reimbursement for the Federal share of work carried out on a project or separable element of a project if (A) before initiation of construction of the project or separable element (i) the Secretary approves the plans for construction of the project or separable element of the project by the non-Federal interest; (ii) the Secretary determines, before approval of the plans, that the project or separable element of the project is feasible; and (iii) the non-Federal interest enters into a written agreement with the Secretary under section 1962d5b of title 42 (B) the Secretary determines that all Federal laws and regulations applicable to the construction of a water resources development project, and any conditions identified under subsection (b)(1)(B), were complied with by the non-Federal interest during construction of the project or separable element of the project. (2) Application of credit The Secretary may apply credit toward (A) the non-Federal share of authorized separable elements of the same project; or (B) subject to the requirements of this section and section 2223 of this title (3) Requirements The Secretary may only apply credit or provide reimbursement under paragraph (1) if (A) Congress has authorized construction of the project or separable element of the project; (B) the Secretary certifies that the project has been constructed in accordance with (i) all applicable permits or approvals; and (ii) this section; and (C) in the case of reimbursement, appropriations are provided by Congress for such purpose. (4) Monitoring The Secretary shall regularly monitor and audit any water resources development project, or separable element of a water resources development project, constructed by a non-Federal interest under this section to ensure that (A) the construction is carried out in compliance with the requirements of this section; and (B) the costs of the construction are reasonable. (5) Discrete segments (A) In general The Secretary may authorize credit or reimbursement under this subsection for carrying out a discrete segment of a federally authorized water resources development project, or separable element thereof, before final completion of the project or separable element if (i) except as provided in clause (ii), the Secretary determines that the discrete segment satisfies the requirements of paragraphs (1) through (4) in the same manner as the project or separable element; and (ii) notwithstanding paragraph (1)(A)(ii), the Secretary determines, before the approval of the plans under paragraph (1)(A)(i), that the discrete segment is technically feasible and environmentally acceptable. (B) Determination Credit or reimbursement may not be made available to a non-Federal interest pursuant to this paragraph until the Secretary determines that (i) the construction of the discrete segment for which credit or reimbursement is requested is complete; and (ii) the construction is consistent with the authorization of the applicable water resources development project, or separable element thereof, and the plans approved under paragraph (1)(A)(i). (C) Written agreement (i) In general As part of the written agreement required under paragraph (1)(A)(iii), a non-Federal interest to be eligible for credit or reimbursement under this paragraph shall (I) identify any discrete segment that the non-Federal interest may carry out; and (II) agree to the completion of the water resources development project, or separable element thereof, with respect to which the discrete segment is a part and establish a timeframe for such completion. (ii) Remittance If a non-Federal interest fails to complete a water resources development project, or separable element thereof, that it agreed to complete under clause (i)(II), the non-Federal interest shall remit any reimbursements received under this paragraph for a discrete segment of such project or separable element. (D) Discrete segment defined In this paragraph, the term discrete segment means a physical portion of a water resources development project to be carried out, or separable element thereof (i) described by a non-Federal interest in a written agreement required under paragraph (1)(A)(iii); and (ii) that the non-Federal interest can operate and maintain, independently and without creating a hazard, in advance of final completion of the water resources development project, or separable element thereof. (e) Notification of committees If a non-Federal interest notifies the Secretary that the non-Federal interest intends to carry out a project, or separable element thereof, under this section, the Secretary shall provide written notice to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives concerning the intent of the non-Federal interest. (f) Operation and maintenance (1) Assumption of maintenance Whenever a non-Federal interest carries out improvements to a federally authorized harbor or inland harbor, the Secretary shall be responsible for operation and maintenance in accordance with section 2211(b) of this title (A) before construction of the improvements (i) the Secretary determines that the improvements are feasible and consistent with the purposes of this subchapter; and (ii) the Secretary and the non-Federal interest execute a written agreement relating to operation and maintenance of the improvements; (B) the Secretary certifies that the project or separable element of the project is constructed in accordance with applicable permits and appropriate engineering and design standards; and (C) the Secretary does not find that the project or separable element is no longer feasible. (2) Federal financial participation in the costs of a locally preferred plan. In the case of improvements determined by the Secretary pursuant to paragraph (1)(A)(i) to deviate from the national economic development plan, the Secretary shall be responsible for all operation and maintenance costs of such improvements, as described in section 2211(b) of this title ( Pub. L. 99662, title II,  204 Nov. 17, 1986 100 Stat. 4099 Pub. L. 101640, title III,  303 Nov. 28, 1990 104 Stat. 4634 Pub. L. 113121, title I,  1014(b)(1) June 10, 2014 128 Stat. 1220 Pub. L. 114322, title I,  1127 Dec. 16, 2016 130 Stat. 1648 Pub. L. 115270, title I,  1153 Oct. 23, 2018 132 Stat. 3789 Pub. L. 116260, div. AA, title I,  105(a) Dec. 27, 2020 134 Stat. 2622  Editorial Notes  References in Text Section 2282d(f) of this title section 2282(g) of this title Pub. L. 115270, title I,  1332(a)(3) Oct. 23, 2018 132 Stat. 3834 Amendments 2020Subsec. (c)(1). Pub. L. 116260,  105(a) Subsec. (f). Pub. L. 116260,  105(b) 2018Subsec. (b)(1). Pub. L. 115270,  1153(1)(A) Subsec. (b)(2)(A). Pub. L. 115270,  1153(1)(B) Subsec. (b)(3), (4). Pub. L. 115270,  1153(1)(C) Subsec. (c). Pub. L. 115270,  1153(2) Subsec. (d)(3)(C). Pub. L. 115270,  1153(3)(A) Subsec. (d)(5). Pub. L. 115270,  1153(3)(B)(i) Subsec. (d)(5)(A). Pub. L. 115270,  1153(3)(B)(ii) Subsec. (d)(5)(D). Pub. L. 115270,  1153(3)(B)(iii) 2016Subsec. (d)(5). Pub. L. 114322 2014 Pub. L. 113121 1990Subsec. (c). Pub. L. 101640,  303(a) section 577 of this title Subsec. (e). Pub. L. 101640,  303(b)(1) Subsec. (e)(1). Pub. L. 101640,  303(b)(2) section 577 of this title Subsec. (f). Pub. L. 101640,  303(b)(1) Subsec. (g). Pub. L. 101640,  303(b)(1) Statutory Notes and Related Subsidiaries Savings Provision Pub. L. 113121, title I,  1014(d) June 10, 2014 128 Stat. 1222  Nothing in this section [amending this section and section 2231 of this title June 10, 2014 December 31, 2014 (1) Section 204 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2232 (2) Section 206 of the Water Resources Development Act of 1992 ( 33 U.S.C. 426i1 (3) Section 211 of the Water Resources Development Act of 1996 ( 33 U.S.C. 701b13 Report on Improvements by NonFederal Interest Pub. L. 116260, div. AA, title I,  105(c) Dec. 27, 2020 134 Stat. 2623  A non-Federal interest may submit to the Secretary [of the Army] a report on improvements to a federally authorized harbor or inland harbor to be carried out by the non-Federal interest, containing any information necessary for the Secretary determine whether the improvements satisfy the requirements of section 204(f)(1) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2232 (1) the economic justification for the improvements; (2) details of the project improvement plan and design; (3) proposed arrangements for the work to be performed; and (4) documents relating to any applicable permits required for the project improvements. Project Studies Subject to Independent Peer Review Pub. L. 116260, div. AA, title I,  105(d) Dec. 27, 2020 134 Stat. 2623 The Secretary [of the Army] shall not be required to subject a project study for a project with a cost of less than $200,000,000, which the Secretary determines satisfies the requirements of section 204(f)(1) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2232 33 U.S.C. 2343(a)(3)(A)(i) Preconstruction Engineering Design Demonstration Program Pub. L. 115270, title I,  1176 Oct. 23, 2018 132 Stat. 3801  (a)  Definition of Environmental Impact Statement In this section, the term environmental impact statement means the detailed written statement required under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) (b)  Demonstration Program The Secretary [of the Army] shall establish a demonstration program to allow a project authorized to execute pursuant to [former] section 211 of the Water Resources Development Act of 1996 ( 33 U.S.C. 701b13 128 Stat. 1193 June 10, 2014 (c)  Requirements For each project authorized to begin preconstruction engineering and design under subsection (b) (1) the project shall conform to the feasibility study and the environmental impact statement approved by the Secretary; and (2) the Secretary and the non-Federal sponsor shall jointly agree to the construction design of the project. (d)  Secretary Review of Potential Adverse Impacts When reviewing the feasibility study and the environmental impact statement for a project under subsection (b), the Secretary shall follow current USACE Policy, Regulations, and Guidance, to assess potential adverse downstream impacts to the Pearl River Basin. Upon completion of the Secretarys determination under subsection (b), the non-Federal sponsor shall design the project in a manner that addresses any potential adverse impacts or that provides mitigation in accordance with section 906 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2283 (e)  Sunset The authority to carry out the demonstration program under this section shall terminate on the date that is 5 years after the date of enactment of this Act [ Oct. 23, 2018 (f)  Savings Provision Nothing in this section supersedes, precludes, or affects any applicable requirements for a project under subsection (b) under (1) section 906 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2283 (2) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 Navigation Safety Pub. L. 114322, title I,  1102 Dec. 16, 2016 130 Stat. 1633 The Secretary [of the Army] shall use section 5 of the Act of March 4, 1915 38 Stat. 1053 33 U.S.C. 562 33 U.S.C. 2232(f) Operation and Maintenance of Certain Projects Pub. L. 113121, title I,  1016 June 10, 2014 128 Stat. 1223 The Secretary [of the Army] may assume responsibility for operation and maintenance in accordance with section 101(b) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2211(b) December 31, 2014 33 U.S.C. 2232(f) Demonstration of Construction of Federal Project by Non-Federal Interests Pub. L. 101640, title IV,  404 Nov. 28, 1990 104 Stat. 4646 Pub. L. 113121, title I,  1014(c)(1) June 10, 2014 128 Stat. 1222  2233. Coordination and scheduling of Federal, State, and local actions (a) Notice of intent The Secretary, on request from an appropriate non-Federal interest in the form of a written notice of intent to construct a navigation project for a harbor or inland harbor under section 2232 of this title (b) Procedural requirements Within 15 days after receipt of notice under subsection (a), the Secretary shall publish such notice in the Federal Register. The Secretary also shall provide written notification of the receipt of a notice under subsection (a) to all State and local agencies that may be required to issue permits for the construction of the project or related activities. The Secretary shall solicit the cooperation of those agencies and request their entry into a memorandum of agreement described in subsection (c). Within 30 days after publication of the notice in the Federal Register, State and local agencies that intend to enter into the memorandum of agreement shall notify the Secretary of their intent in writing. (c) Scheduling agreement Within 90 days after receipt of notice under subsection (a), the Secretary of the Interior, the Secretary of Commerce, the Administrator of the Environmental Protection Agency, and any State or local agencies that have notified the Secretary under subsection (b) shall enter into an agreement with the Secretary establishing a schedule of decisionmaking for approval of the project and permits associated with it and with related activities. Such schedule may not exceed two and one-half years from the date of the agreement. (d) Contents of agreement The agreement entered into under subsection (c), to the extent practicable, shall consolidate hearing and comment periods, procedures for data collection and report preparation, and the environmental review and permitting processes associated with the project and related activities. The agreement shall detail, to the extent possible, the non-Federal interests responsibilities for data development and information that may be necessary to process each permit, including a schedule when the information and data will be provided to the appropriate Federal, State, or local agency. (e) Preliminary decision The agreement shall include a date by which the Secretary, taking into consideration the views of all affected Federal agencies, shall provide to the non-Federal interest in writing a preliminary determination whether the project and Federal permits associated with it are reasonably likely to receive approval. (f) Revision of agreement The Secretary may revise the agreement once to extend the schedule to allow the non-Federal interest the minimum amount of additional time necessary to revise its original application to meet the objections of a Federal, State, or local agency which is a party to the agreement. (g) Progress reports Six months before the final date of the schedule, the Secretary shall provide to Congress a written progress report for each navigation project for a harbor or inland harbor subject to this section. The Secretary shall transmit the report to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate. The report shall summarize all work completed under the agreement and shall include a detailed work program that will assure completion of all remaining work under the agreement. (h) Final decision Not later than the final day of the schedule, the Secretary shall notify the non-Federal interest of the final decision on the project and whether the permit or permits have been issued. (i) Report on timesavings methods Not later than one year after November 17, 1986 ( Pub. L. 99662, title II,  205 Nov. 17, 1986 100 Stat. 4101  Statutory Notes and Related Subsidiaries  Change of Name Committee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 10414 section 21 of Title 2  2234. Nonapplicability to Saint Lawrence Seaway  Sections 2231, 2232, and 2233 of this title do not apply to any harbor or inland harbor project for that portion of the Saint Lawrence Seaway administered by the Great Lakes St. Lawrence Seaway Development Corporation. ( Pub. L. 99662, title II,  206 Nov. 17, 1986 100 Stat. 4102 Pub. L. 116260, div. AA, title V,  512(c)(5)(A) Dec. 27, 2020 134 Stat. 2756  Editorial Notes Amendments 2020 Pub. L. 116260  2235. Construction in usable increments  Any navigation project for a harbor or inland harbor authorized by this subchapter or any other provision of law enacted before, on, or after November 17, 1986 ( Pub. L. 99662, title II,  207 Nov. 17, 1986 100 Stat. 4102  2236. Port or harbor dues (a) Consent of Congress Subject to the following conditions, a non-Federal interest may levy port or harbor dues (in the form of tonnage duties or fees) on a vessel engaged in trade entering or departing from a harbor and on cargo loaded on or unloaded from that vessel under clauses 2 and 3 of section 10, and under clause 3 of section 8, of Article 1 of the Constitution: (1) Purposes Port or harbor dues may be levied only in conjunction with a harbor navigation project whose construction is complete (including a usable increment of the project) and for the following purposes and in amounts not to exceed those necessary to carry out those purposes: (A) (i) to finance the non-Federal share of construction and operation and maintenance costs of a navigation project for a harbor under the requirements of section 2211 of this title (ii) to finance the cost of construction and operation and maintenance of a navigation project for a harbor under section 2232 or 2233 of this title; and (B) provide emergency response services in the harbor, including contingency planning, necessary personnel training, and the procurement of equipment and facilities. (2) Limitation on port or harbor dues for emergency service Port or harbor dues may not be levied for the purposes described in paragraph (1)(B) of this subsection after the dues cease to be levied for the purposes described in paragraph (1)(A) of this subsection. (3) General limitations (A) Port or harbor dues may not be levied under this section in conjunction with a deepening feature of a navigation improvement project on any vessel if that vessel, based on its design draft, could have utilized the project at mean low water before construction. In the case of project features which solely (i) widen channels or harbors, (ii) create or enlarge bend easings, turning basins or anchorage areas, or provide protected areas, or (iii) remove obstructions to navigation, only vessels at least comparable in size to those used to justify these features may be charged under this section. (B) In developing port or harbor dues that may be charged under this section on vessels for project features constructed under this subchapter, the non-Federal interest may consider such criteria as: elapsed time of passage, safety of passage, vessel economy of scale, under keel clearance, vessel draft, vessel squat, vessel speed, sinkage, and trim. (C) Port or harbor dues authorized by this section shall not be imposed on (i) vessels owned and operated by the United States Government, a foreign country, a State, or a political subdivision of a country or State, unless engaged in commercial services; (ii) towing vessels, vessels engaged in dredging activities, or vessels engaged in intraport movements; or (iii) vessels with design drafts of 20 feet or less when utilizing general cargo and deep-draft navigation projects. (4) Formulation of port or harbor dues Port or harbor dues may be levied only on a vessel entering or departing from a harbor and its cargo on a fair and equitable basis. In formulating port and harbor dues, the non-Federal interest shall consider (A) the direct and indirect cost of construction, operations, and maintenance, and providing the facilities and services under paragraph (1) of this subsection; (B) the value of those facilities and services to the vessel and cargo; (C) the public policy or interest served; and (D) any other pertinent factors. (5) Notice and hearing (A) Before the initial levy of or subsequent modification to port or harbor dues under this section, a non-Federal interest shall transmit to the Secretary (i) the text of the proposed law, regulation, or ordinance that would establish the port or harbor dues, including provisions for their administration, collection, and enforcement; (ii) the name, address, and telephone number of an official to whom comments on and requests for further information on the proposal are to be directed; (iii) the date by which comments on the proposal are due and a date for a public hearing on the proposal at which any interested party may present a statement; however, the non-Federal interest may not set a hearing date earlier than 45 days after the date of publication of the notice in the Federal Register required by subparagraph (B) of this paragraph or set a deadline for receipt of comments earlier than 60 days after the date of publication; and (iv) a written statement signed by an appropriate official that the non-Federal interest agrees to be governed by the provisions of this section. (B) On receiving from a non-Federal interest the information required by subparagraph (A) of this paragraph, the Secretary shall transmit the material required by clauses (i) through (iii) of subparagraph (A) of this paragraph to the Federal Register for publication. (C) Port or harbor dues may be imposed by a non-Federal interest only after meeting the conditions of this paragraph. (6) Requirements on non-Federal interest A non-Federal interest shall (A) file a schedule of any port or harbor dues levied under this subsection with the Secretary and the Federal Maritime Commission, which the Commission shall make available for public inspection; (B) provide to the Comptroller General of the United States on request of the Comptroller General any records or other evidence that the Comptroller General considers to be necessary and appropriate to enable the Comptroller General to carry out the audit required under subsection (b) 1 1 (C) designate an officer or authorized representative, including the Secretary of the Treasury acting on a cost-reimbursable basis, to receive tonnage certificates and cargo manifests from vessels which may be subject to the levy of port or harbor dues, export declarations from shippers, consignors, and terminal operators, and such other documents as the non-Federal interest may by law, regulation, or ordinance require for the imposition, computation, and collection of port or harbor dues; and (D) consent expressly to the exclusive exercise of Federal jurisdiction under subsection (c) 1 (b) Jurisdiction (1) The district court of the United States for the district in which is located a non-Federal interest that levies port or harbor dues under this section has original and exclusive jurisdiction over any matter arising out of or concerning, the imposition, computation, collection, and enforcement of port or harbor dues by a non-Federal interest under this section. (2) Any person who suffers legal wrong or is adversely affected or aggrieved by the imposition by a non-Federal interest of a proposed scheme or schedule of port or harbor dues under this section may, not later than 180 days after the date of hearing under subsection (a)(5)(A)(iii) of this section, commence an action to seek judicial review of that proposed scheme or schedule in the appropriate district court under paragraph (1). (3) On petition of the Attorney General or any other party, that district court may (A) grant appropriate injunctive relief to restrain an action by that non-Federal interest violating the conditions of consent in subsection (a) of this section; (B) order the refund of any port or harbor dues not lawfully collected; and (C) grant other appropriate relief or remedy. (c) Collection of duties (1)  2 2 (A) Upon arrival of vessel Upon the arrival of a vessel in a harbor in which the vessel may be subject to the levy of port or harbor dues under this section, the master of that vessel shall, within forty-eight hours after arrival and before any cargo is unloaded from that vessel, deliver to the appropriate authorized representative appointed under subsection (a)(6)(C) of this section a tonnage certificate for the vessel and a manifest of the cargo aboard that vessel or, if the vessel is in ballast, a declaration to that effect. (B) Before departure of vessel The shipper, consignor, or terminal operator having custody of any cargo to be loaded on board a vessel while the vessel is in a harbor in which the vessel may be subject to the levy of port or harbor dues under this section shall, within forty-eight hours before departure of that vessel, deliver to the appropriate authorized representative appointed under subsection (a)(6)(C) of this section an export declaration specifying the cargo to be loaded on board that vessel. (d) Enforcement At the request of an authorized representative referred to in subsection (a)(6)(C) of this section, the Secretary of the Treasury may: (1) withhold the clearance required by section 60105 of title 46 (2) assess a penalty or initiate a forfeiture of the cargo in the same manner and under the same procedures as are applicable for failure to pay customs duties under the Tariff Act of 1930 ( 19 U.S.C. 1202 (e) Maritime Lien Port or harbor dues levied under this section against a vessel constitute a maritime lien against the vessel and port or harbor dues levied against cargo constitute a lien against the cargo that may be recovered in an action in the district court of the United States for the district in which the vessel or cargo is found. ( Pub. L. 99662, title II,  208 Nov. 17, 1986 100 Stat. 4102 Pub. L. 10466, title I,  1021(g) Dec. 21, 1995 109 Stat. 713  Editorial Notes  References in Text Subsection (b) of this section, referred to in subsec. (a)(6)(B), which related to audits, was struck out by Pub. L. 10466 Subsection (c) of this section, referred to in subsec. (a)(6)(D), which related to jurisdiction, was redesignated as subsec. (b) by Pub. L. 10466 The Tariff Act of 1930, referred to in subsec. (d)(2), is act June 17, 1930, ch. 497 46 Stat. 590 section 1654 of Title 19 Codification In subsec. (d)(1),  section 60105 of title 46 Pub. L. 109304,  18(c) Oct. 6, 2006 120 Stat. 1709 section 60105 of Title 46 Amendments 1995Subsecs. (b) to (f). Pub. L. 10466 (1) carry out periodic audits of the operations of non-Federal interests that elect to levy port or harbor dues under this section to determine if the conditions of subsection (a) of this section are being complied with; (2) submit to each House of the Congress a written report containing the findings resulting from each audit; and (3) make any recommendations that the Comptroller General considers appropriate regarding the compliance of those non-Federal interests with the requirements of this section.  2237. Information for national security  Any non-Federal interest shall provide the United States the information necessary for military readiness planning and harbor, inland harbor, and national security, including information necessary to obtain national security clearances for individuals employed in critical harbor and inland harbor positions. ( Pub. L. 99662, title II,  209 Nov. 17, 1986 100 Stat. 4106  2238. Authorization of appropriations (a) Trust fund There are authorized to be appropriated out of the Harbor Maintenance Trust Fund, established by section 9505 of title 26 (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 (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 (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 (3) Report to Congress (A) In general For fiscal year 2016, and biennially thereafter, in conjunction with the Presidents annual budget submission to Congress under section 1105(a) of title 31 (i) identifies the operation and maintenance costs associated with the harbors and inland harbors, including those costs required to achieve and maintain the constructed width and depth for the harbors and inland harbors and the costs for expanded uses at eligible harbors and inland harbors, on a project-by-project basis; (ii) identifies the amount of funding requested in the Presidents budget for the operation and maintenance costs associated with the harbors and inland harbors, on a project-by-project basis; (iii) identifies the unmet operation and maintenance needs associated with the harbors and inland harbors, on a project-by-project basis; and (iv) identifies the harbors and inland harbors for which the President will allocate funding over the subsequent 5 fiscal years for operation and maintenance activities, on a project-by-project basis, including the amounts to be allocated for such purposes. (B) Additional requirement In the first report submitted under subparagraph (A) following December 16, 2016 (C) Public availability The Secretary shall make the report submitted under subparagraph (A) available to the public, including on the Internet. (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. 99662, title II,  210 Nov. 17, 1986 100 Stat. 4106 Pub. L. 101640, title III,  316 Nov. 28, 1990 104 Stat. 4641 Pub. L. 113121, title II,  2102(a) June 10, 2014 128 Stat. 1273 Pub. L. 114322, title I Dec. 16, 2016 130 Stat. 1633 Pub. L. 115270, title I,  1216 Oct. 23, 2018 132 Stat. 3810 Pub. L. 116260, div. AA, title I,  102(b) Dec. 27, 2020 134 Stat. 2619  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. 114322 Dec. 16, 2016 130 Stat. 1645 section 2326 of this title section 2326 of this title section 1962d5f of Title 42 Amendments 2020Subsec. (a)(1). Pub. L. 116260,  512(c)(5)(B) Subsec. (c)(3). Pub. L. 116260,  102(b)(1) Subsec. (e)(2)(A)(ii). Pub. L. 116260,  102(b)(2) Subsec. (f)(2), (3). Pub. L. 116260,  102(b)(3)(C) Subsec. (f)(4). Pub. L. 116260,  102(b)(3)(B) Subsec. (f)(4)(C), (D). Pub. L. 116260,  102(b)(3)(D) Subsec. (f)(5). Pub. L. 116260,  102(b)(3)(B) Subsec. (f)(6). Pub. L. 116260,  102(b)(3)(A) 2018Subsec. (e)(1). Pub. L. 115270,  1216(1) Subsec. (e)(2)(C). Pub. L. 115270,  1216(2) 2016Subsec. (c)(3). Pub. L. 114322,  1103(1) Subsec. (d)(1)(A). Pub. L. 114322,  1103(2) (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. 114322,  1107 Subsec. (e)(3)(B), (C). Pub. L. 114322,  1114 2014Subsecs. (c) to (f). Pub. L. 113121 1990Subsec. (a)(2). Pub. L. 101640 Statutory Notes and Related Subsidiaries Criteria for Funding Operation and Maintenance of Small, Remote, and Subsistence Harbors Pub. L. 117263, div. H, title LXXXI,  8131 Dec. 23, 2022 136 Stat. 3718  (a)  In General Not later than 180 days after the date of enactment of this Act [ Dec. 23, 2022 (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 ( 33 U.S.C. 2238(e)(3) (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 (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. 116260, div. AA, title I,  102(a) Dec. 27, 2020 134 Stat. 2618  (1)  In general In carrying out subsection (c) of section 210 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238 (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) 13 shall be provided to energy transfer ports; and (ii) 23 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) 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. 113121, title II,  2102(d) Pub. L. 114322, title I,  1112 Dec. 16, 2016 130 Stat. 1637 Not later than 90 days after the date of enactment of the Water Resources Development Act of 2016 [ Dec. 16, 2016 section 2211 of this title section 9505 of Title 26  2238a. Estimate of harbor maintenance needs For fiscal year 2014 and each fiscal year thereafter, the Presidents budget request submitted pursuant to section 1105 of title 31 (1) an estimate of the nationwide average availability, expressed as a percentage, of the authorized depth and authorized width of all navigation channels authorized to be maintained using appropriations from the Harbor Maintenance Trust Fund that would result from harbor maintenance activities to be funded by the budget request; and (2) an estimate of the average annual amount of appropriations from the Harbor Maintenance Trust Fund that would be required to increase that average availability to 95 percent over a 3-year period. ( Pub. L. 112141, div. A, title I,  1537 July 6, 2012 126 Stat. 585  Editorial Notes Codification Section was enacted as part of the Moving Ahead for Progress in the 21st Century Act, also known as the MAP21, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of Title 23  2238b. Funding for harbor maintenance programs (a) Definitions In this section: (1) Total amount of harbor maintenance taxes received The term total amount of harbor maintenance taxes received means, with respect to a fiscal year, the aggregate of amounts appropriated, transferred, or credited to the Harbor Maintenance Trust Fund under section 9505(a) of title 26 section 1105 of title 31 (2) Total budget resources The term total budget resources means the total amount made available by appropriations Acts from the Harbor Maintenance Trust Fund for a fiscal year for making expenditures under section 9505(c) of title 26 (b) Target appropriations (1) In general Except as provided in subsection (c), the target total budget resources made available to the Secretary from the Harbor Maintenance Trust Fund for a fiscal year shall be not less than the following: (A) For fiscal year 2015, 67 percent of the total amount of harbor maintenance taxes received in fiscal year 2014. (B) For fiscal year 2016, 69 percent of the total amount of harbor maintenance taxes received in fiscal year 2015. (C) For fiscal year 2017, 71 percent of the total amount of harbor maintenance taxes received in fiscal year 2016. (D) For fiscal year 2018, 74 percent of the total amount of harbor maintenance taxes received in fiscal year 2017. (E) For fiscal year 2019, 77 percent of the total amount of harbor maintenance taxes received in fiscal year 2018. (F) For fiscal year 2020, 80 percent of the total amount of harbor maintenance taxes received in fiscal year 2019. (G) For fiscal year 2021, 83 percent of the total amount of harbor maintenance taxes received in fiscal year 2020. (H) For fiscal year 2022, 87 percent of the total amount of harbor maintenance taxes received in fiscal year 2021. (I) For fiscal year 2023, 91 percent of the total amount of harbor maintenance taxes received in fiscal year 2022. (J) For fiscal year 2024, 95 percent of the total amount of harbor maintenance taxes received in fiscal year 2023. (K) For fiscal year 2025, and each fiscal year thereafter, 100 percent of the total amount of harbor maintenance taxes received in the previous fiscal year. (2) Use of amounts The total budget resources described in paragraph (1) may be used only for making expenditures under section 9505(c) of title 26 (c) Exception If the target total budget resources for a fiscal year described in subparagraphs (A) through (J) of subsection (b)(1) is lower than the target total budget resources for the previous fiscal year, the target total budget resources shall be adjusted to be equal to the lesser of (1) 103 percent of the total budget resources appropriated for the previous fiscal year; or (2) 100 percent of the total amount of harbor maintenance taxes received in the previous fiscal year. (d) Impact on other funds (1) Sense of Congress It is the sense of Congress that any increase in funding for harbor maintenance programs under this section shall result from an overall increase in appropriations for the civil works program of the Corps of Engineers and not from reductions in the appropriations for other programs, projects, and activities carried out by the Corps of Engineers for other authorized purposes. (2) Application The target total budget resources for a fiscal year specified in subsection (b)(1) shall only apply in a fiscal year for which the level of appropriations provided for the civil works program of the Corps of Engineers in that fiscal year is increased, as compared to the previous fiscal year, by a dollar amount that is at least equivalent to the dollar amount necessary to address such target total budget resources in that fiscal year. ( Pub. L. 113121, title II,  2101 June 10, 2014 128 Stat. 1272 Pub. L. 114322, title I,  1108 Dec. 16, 2016 130 Stat. 1634  Editorial Notes Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments Subsec. (b)(1). Pub. L. 114322,  1108(1) Subsecs. (c), (d). Pub. L. 114322,  1108(2) Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121 section 2201 of this title  2238b1. Budgetary treatment expansion and adjustment for the Harbor Maintenance Trust Fund Any discretionary appropriation for the Corps of Engineers (1) derived from the Harbor Maintenance Trust Fund, in this fiscal year and thereafter, not to exceed the sum of (A) the total amount deposited in the Harbor Maintenance Trust Fund in the fiscal year that is two years prior to the fiscal year for which the appropriation is being made; and (B) (i) $500,000,000 for fiscal year 2021; (ii) $600,000,000 for fiscal year 2022; (iii) $700,000,000 for fiscal year 2023; (iv) $800,000,000 for fiscal year 2024; (v) $900,000,000 for fiscal year 2025; (vi) $1,000,000,000 for fiscal year 2026; (vii) $1,200,000,000 for fiscal year 2027; (viii) $1,300,000,000 for fiscal year 2028; (ix) $1,400,000,000 for fiscal year 2029; and (x) $1,500,000,000 for fiscal year 2030 and thereafter; and (2) for the Operation and Maintenance account of the Corps of Engineers which is designated in statute as being to carry out subsection (c) of section 2238c of this title (A) $50,000,000 for fiscal year 2021; (B) $50,000,000 for fiscal year 2022; (C) $56,000,000 for fiscal year 2023; (D) $58,000,000 for fiscal year 2024; (E) $60,000,000 for fiscal year 2025; (F) $62,000,000 for fiscal year 2026; (G) $64,000,000 for fiscal year 2027; (H) $66,000,000 for fiscal year 2028; (I) $68,000,000 for fiscal year 2029; and (J) $70,000,000 for fiscal year 2030; shall be subtracted from the estimate of discretionary budget authority and outlays for any estimate of an appropriations Act under the Congressional Budget and Impoundment Control Act of 1974 or the Balanced Budget and Emergency Deficit Control Act of 1985. ( Pub. L. 116136, div. B, title IV,  14003 Mar. 27, 2020 134 Stat. 526 Pub. L. 116260, div. AA, title I,  101 Dec. 27, 2020 134 Stat. 2618  Editorial Notes  References in Text The Congressional Budget and Impoundment Control Act of 1974, referred to in concluding provisions, is Pub. L. 93344 July 12, 1974 88 Stat. 297 section 621 of Title 2 The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in concluding provisions, is title II of Pub. L. 99177 Dec. 12, 1985 99 Stat. 1038 section 911 of Title 42 section 661 of Title 2 section 900 of Title 2 section 911 of Title 42 section 621 of Title 2 section 900 of Title 2 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. Amendments 2020 Pub. L. 116260 Provided January 1, 2021  2238c. Additional measures at donor ports and energy transfer ports (a) Definitions In this section: (1) Cargo container The term cargo container means a cargo container that is 1 Twenty-foot Equivalent Unit. (2) Discretionary cargo The term discretionary cargo means maritime cargo for which the United States port of unlading is different than the United States port of entry. (3) Donor port (A) In general The term donor port means a port (i) that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or a successor regulation); (ii) at which the total amount of harbor maintenance taxes collected (including the estimated taxes related to domestic cargo and cruise passengers) comprise not less than $15,000,000 annually of the total funding of the Harbor Maintenance Trust Fund on an average annual basis for the previous 3 fiscal years; (iii) that received less than 25 percent of the total amount of harbor maintenance taxes collected (including the estimated taxes related to domestic cargo and cruise passengers) at that port in the previous 3 fiscal years; and (iv) that is located in a State in which more than 2,000,000 cargo containers were unloaded from or loaded on to vessels on an average annual basis for the previous 3 fiscal years. (B) Calculation For the purpose of calculating the percentage described in subparagraph (A)(iii), payments described under subsection (c)(1) shall not be included. (4) Energy commodity The term energy commodity includes (A) petroleum products; (B) natural gas; (C) coal; (D) wind and solar energy components; and (E) biofuels. (5) Energy transfer port The term energy transfer port means a port (A) that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or any successor regulation); and (B) (i) at which energy commodities comprised greater than 25 percent of all commercial activity by tonnage on an average annual basis for the previous 3 fiscal years; and (ii) through which more than 40,000,000 tons of cargo were transported on an average annual basis for the previous 3 fiscal years. (6) Expanded uses The term expanded uses has the meaning given the term in section 2238(f) of this title (7) Harbor maintenance tax The term harbor maintenance tax has the meaning given the term in section 2238(f) of this title (8) Harbor maintenance trust fund The term Harbor Maintenance Trust Fund means the Harbor Maintenance Trust Fund established by section 9505 of title 26 (9) Medium-sized donor port The term medium-sized donor port means a port (A) that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or a successor regulation); (B) at which the total amount of harbor maintenance taxes collected (including the estimated taxes related to domestic cargo and cruise passengers) comprise annually more than $5,000,000 but less than $15,000,000 of the total funding of the Harbor Maintenance Trust Fund on an average annual basis for the previous 3 fiscal years; (C) that received less than 25 percent of the total amount of harbor maintenance taxes collected (including the estimated taxes related to domestic cargo and cruise passengers) at that port in the previous 3 fiscal years; and (D) that is located in a State in which more than 2,000,000 cargo containers were unloaded from or loaded onto vessels on an average annual basis for the previous 3 fiscal years. (b) Authority (1) In general Subject to the availability of appropriations, the Secretary may provide to donor ports, medium-sized donor ports, and energy transfer ports amounts in accordance with this section. (2) Limitations Amounts provided under this section (A) for energy transfer ports shall be divided equally among all States with an energy transfer port; (B) shall be made available to a port as either a donor port, medium-sized donor port, or an energy transfer port, and no port may receive amounts from more than 1 designation; and (C) for donor ports and medium-sized donor ports (i) 50 percent of the funds shall be equally divided between the eligible donor ports as authorized by this section; and (ii) 50 percent of the funds shall be divided between the eligible donor ports and eligible medium-sized donor ports based on the percentage of the total harbor maintenance tax revenues generated at each eligible donor port and medium-sized donor port. (c) Use of funds Amounts provided under this section may be used by a donor port, a medium-sized donor port, or an energy transfer port (1) to provide payments to importers entering cargo through that port, as calculated by the Secretary according to the value of discretionary cargo; (2) for expanded uses; or (3) for environmental remediation related to dredging berths and Federal navigation channels. (d) Administration of payments (1) In general If a donor port, a medium-sized donor port, or an energy transfer port elects to provide payments to importers under subsection (c), the Secretary shall transfer to the Commissioner of U.S. Customs and Border Protection an amount equal to those payments that would otherwise be provided to the port under this section to provide the payments to the importers of the discretionary cargo that is (A) shipped through the port; and (B) most at risk of diversion to seaports outside of the United States. (2) Requirement The Secretary, in consultation with a port electing to provide payments under subsection (c), shall determine the top importers at the port, as ranked by the value of discretionary cargo, and payments shall be limited to those top importers. (e) Authorization of appropriations (1) In general There are authorized to be appropriated to carry out this section (A) $56,000,000 for fiscal year 2023; (B) $58,000,000 for fiscal year 2024; (C) $60,000,000 for fiscal year 2025; (D) $62,000,000 for fiscal year 2026; (E) $64,000,000 for fiscal year 2027; (F) $66,000,000 for fiscal year 2028; (G) $68,000,000 for fiscal year 2029; and (H) $70,000,000 for fiscal year 2030. (2) Division between donor ports, medium-sized donor ports, and energy transfer ports For each fiscal year, amounts made available to carry out this section shall be provided in equal amounts to (A) donor ports and medium-sized donor ports; and (B) energy transfer ports. (f) Savings clause Nothing in this section waives any statutory requirement related to the transportation of merchandise as authorized under chapter 551 of title 46. ( Pub. L. 113121, title II,  2106 June 10, 2014 128 Stat. 1280 Pub. L. 114322, title I,  1110 Dec. 16, 2016 130 Stat. 1634 Pub. L. 116260, div. AA, title I,  104(a) Dec. 27, 2020 134 Stat. 2621  Editorial Notes Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 2020Subsec. (a)(3)(A)(ii). Pub. L. 116260,  104(b)(1)(A)(i) section 9505 of title 26 Subsec. (a)(3)(A)(iii). Pub. L. 116260,  104(b)(1)(A)(ii) Subsec. (a)(3)(A)(iv). Pub. L. 116260,  104(b)(1)(A)(iii) Subsec. (a)(5)(B). Pub. L. 116260,  104(b)(1)(B) Subsec. (a)(8), (9). Pub. L. 116260,  104(b)(1)(C) Subsec. (a)(9)(B). Pub. L. 116260,  104(b)(1)(D)(i) section 9505 of title 26 Subsec. (a)(9)(C). Pub. L. 116260,  104(b)(1)(D)(ii) Subsec. (a)(9)(D). Pub. L. 116260,  104(b)(1)(D)(iii) Subsec. (e). Pub. L. 116260,  104(b)(2)(A) Subsec. (e)(1). Pub. L. 116260,  104(b)(2)(B) Subsec. (f). Pub. L. 116260,  104(b)(2)(A) Subsec. (f)(1). Pub. L. 116260,  104(a)(1) Subsec. (f)(3). Pub. L. 116260,  104(a)(2) section 2238b(b)(1) of this title Subsec. (g). Pub. L. 116260,  104(b)(2)(A) 2016Subsec. (a)(2). Pub. L. 114322,  1110(1)(B) Subsec. (a)(3). Pub. L. 114322,  1110(1)(C) Pub. L. 114322,  1110(1)(A) Subsec. (a)(4). Pub. L. 114322,  1110(1)(A) Subsec. (a)(5). Pub. L. 114322,  1110(1)(A) Subsec. (a)(5)(A). Pub. L. 114322,  1110(1)(D) Subsec. (a)(6), (7). Pub. L. 114322,  1110(1)(A) Subsec. (a)(8). Pub. L. 114322,  1110(1)(E) Subsec. (b)(1). Pub. L. 114322,  1110(2)(A) Subsec. (b)(2)(B), (C). Pub. L. 114322,  1110(2)(B) Subsec. (c). Pub. L. 114322,  1110(3)(A) Subsec. (c)(1). Pub. L. 114322,  1110(3)(B) Subsec. (d). Pub. L. 114322,  1110(4) Subsec. (f)(1). Pub. L. 114322,  1110(5)(A) Subsec. (f)(2). Pub. L. 114322,  1110(5)(B) Subsec. (f)(3). Pub. L. 114322,  1110(5)(C) Subsec. (g). Pub. L. 114322,  1110(6) Statutory Notes and Related Subsidiaries Effective Date of 2020 Amendment Pub. L. 116260, div. AA, title I,  104(b)(3) Dec. 27, 2020 134 Stat. 2622 The amendments made by this subsection [amending this section] shall take effect on October 1, 2022  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121 section 2201 of this title  2238d. Maintenance of harbors of refuge  The Secretary is authorized to maintain federally authorized harbors of refuge to restore and maintain the authorized dimensions of the harbors. ( Pub. L. 114322, title I,  1109 Dec. 16, 2016 130 Stat. 1634  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. Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 1002 of Pub. L. 114322 section 2201 of this title  2238e. Additional projects for underserved community harbors (a) In general Subject to the availability of appropriations designated by statute as being for the purpose of carrying out this section, the Secretary may carry out projects for underserved community harbors for purposes of sustaining water-dependent commercial and recreational activities at such harbors. (b) Beneficial use (1) Justification The Secretary may carry out a project under this section involving a disposal option for the beneficial use of dredged material that is not the least cost disposal option if the Secretary determines that the incremental cost of the disposal option is reasonable pursuant to the standard described in section 2326(d)(1) of this title (2) Cost share The non-Federal share of the incremental cost of a project carried out under this section involving a disposal option for the beneficial use of dredged material that is not the least cost disposal option shall be determined as provided under subsections (a) through (d) of section 2213 of this title (c) Prioritization The Secretary shall prioritize carrying out projects using funds made available under this section based on an assessment of (1) the local or regional economic benefits of the project; (2) the environmental benefits of the project, including the benefits to the aquatic environment to be derived from the creation of wetland and control of shoreline erosion; and (3) other social effects of the project, including protection against loss of life and contributions to local or regional cultural heritage. (d) Clarification The Secretary shall not require the non-Federal interest for a project carried out under this section to perform additional operation and maintenance activities at the beneficial use placement site or the disposal site for such project as a condition of receiving assistance under this section. (e) Federal participation limit The Federal share of the cost of a project under this section shall not exceed $10,000,000. (f) Statutory construction Projects carried out under this section shall be in addition to operation and maintenance activities otherwise carried out by the Secretary for underserved community harbors using funds appropriated pursuant to section 2238 of this title 33 U.S.C. 2238 (g) Definitions In this section: (1) Project The term project means a single cycle of maintenance dredging of an underserved community harbor and any associated placement of dredged material at a beneficial use placement site or disposal site. (2) Underserved community harbor The term underserved community harbor means an emerging harbor (as defined in section 2238(f) of this title (A) no Federal funds have been obligated for maintenance dredging in the current fiscal year or in any of the 4 preceding fiscal years; and (B) State and local investments in infrastructure have been made during any of the 4 preceding fiscal years. (h) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $50,000,000 from the General Fund of the Treasury for each of fiscal years 2023 through 2026, to be deposited into the  corps of engineersciviloperation and maintenance (2) Special rule Not less than 35 percent of the amounts made available to carry out this section for each fiscal year shall be used for projects involving the beneficial use of dredged material. ( Pub. L. 117263, div. H, title LXXXI,  8132 Dec. 23, 2022 136 Stat. 3719  Editorial Notes  References in Text Section 102(a) of the Water Resources Development Act of 2020, referred to in subsec. (f), is section 102(a) of div. AA of Pub. L. 116260 section 2238 of this title Codification Section was enacted as part of the Water Resources Development Act of 2022, and also as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, 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 8002 of Pub. L. 117263 section 2201 of this title  2239. Repealed. Pub. L. 101640, title IV,  412(f) Nov. 28, 1990 104 Stat. 4650   Section, Pub. L. 99662, title II,  211 Nov. 17, 1986 100 Stat. 4106 Pub. L. 100676,  32 Nov. 17, 1988 102 Stat. 4030 Statutory Notes and Related Subsidiaries Sediments Decontamination Technology Pub. L. 102580, title IV,  405 Oct. 31, 1992 106 Stat. 4863 Pub. L. 104303, title II,  226 Oct. 12, 1996 110 Stat. 3697 Pub. L. 10653, title II,  204 Aug. 17, 1999 113 Stat. 285  (a)  Decontamination Project. (1)  Selection of technologies Based upon a review of decontamination technologies identified pursuant to section 412(c) of the Water Resources Development Act of 1990 [ Pub. L. 101640 Oct. 31, 1992 (2)  Recommended program Upon selection of technologies, the Administrator and the Secretary shall jointly recommend a program of selected technologies to assess their effectiveness in rendering sediments acceptable for unrestricted ocean disposal or beneficial reuse, or both. (3)  Project purpose The purpose of the project to be carried out under this section is to provide for the development of 1 or more sediment decontamination technologies on a pilot scale demonstrating a capacity of at least 500,000 cubic yards per year. (4)  Practical end-use products Technologies selected for demonstration at the pilot scale shall be intended to result in practical end-use products. (5)  Assistance by the secretary The Secretary shall assist the project to ensure expeditious completion by providing sufficient quantities of contaminated dredged material to conduct the full-scale demonstrations to stated capacity. (b)  Decontamination Defined For purposes of this section, decontamination may include local or remote prototype or production and laboratory decontamination technologies, sediment pre-treatment and post-treatment processes, and siting, economic, or other measures necessary to develop a matrix for selection of interim prototype of long-term processes. Decontamination techniques need not be preproven in terms of likely success. (c)  Authorization of Appropriations There is authorized to be appropriated to carry out this section $22,000,000 to complete technology testing, technology commercialization, and the development of full scale processing facilities within the New York/New Jersey Harbor. Such sums shall remain available until expended. (d)  Reports Not later than September 30, 1998 (e)  Support In carrying out the program under this section, the Secretary is encouraged to use contracts, cooperative agreements, and grants with colleges and universities and other non-Federal entities. Alternatives to Mud Dump Site for Disposal of Dredged Material Pub. L. 101640, title IV,  412 Nov. 28, 1990 104 Stat. 4650  (a)  Report Within 90 days after the date of the enactment of this Act [ Nov. 28, 1990 (b)  Plan Within 180 days after the date of the enactment of this Act [ Nov. 28, 1990 (1) an identification of the source, quantities, and characteristics of material to be dredged; (2) a discussion of potential alternative sites for disposal of dredged material, including the feasibility of altering the boundaries of the Mud Dump Site; (3) measures to reduce the quantities of dredged material proposed for ocean disposal; (4) measures to reduce the amount of contaminants in materials proposed to be dredged from the Harbor through source controls and decontamination technology; (5) a program for monitoring the physical, chemical, and biological effects of dumping dredged material at the Mud Dump Site; and (6) a study of the characteristics of the bottom sediments, including type and distribution. (c)  Demonstration Project The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall implement a demonstration project for disposing on an annual basis up to 10 percent of the material dredged from the New York/New Jersey Harbor region in an environmentally sound manner other than by ocean disposal. Environmentally sound alternatives may include, among others, capping of borrow pits, construction of a containment island, application for landfill cover, habitat restoration, and use of decontamination technology. (d)  Mud Dump Site Defined For purposes of this section, the term Mud Dump Site means the area located approximately 534 miles east of Sandy Hook, New Jersey, with boundary coordinates of 40 degrees, 23 minutes, 48 seconds North, 73 degrees, 51 minutes, 28 seconds West; 40 degrees, 21 minutes, 48 seconds North, 73 degrees, 50 minutes, 00 seconds West; 40 degrees, 21 minutes, 48 seconds North; 73 degrees, 51 minutes, 28 seconds West; and 40 degrees, 23 minutes, 48 seconds North; 73 degrees, 50 minutes, 00 seconds West. (e)  Authorization of Appropriations There are authorized to be appropriated to the Secretary for fiscal year 1991, $3,000,000 to implement subsection (b) and $1,000,000 to implement subsection (c), and such sums as may be necessary for fiscal year 1992. (f)  Repeal Section 211 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2239  2240. Emergency response services (a) Grants The Secretary is authorized to make grants to any non-Federal interest operating a project for a harbor for provision of emergency response services in such harbor (including contingency planning, necessary personnel training, and the procurement of equipment and facilities either by the non-Federal interest, by a local agency or municipality, or by a combination of local agencies or municipalities on a cost-reimbursable basis, either by a cooperative agreement, mutual aid plan, or mutual assistance plan entered into between one or more non-Federal interests, public agencies, or local municipalities). (b) Authorization of appropriations There is authorized to be appropriated for fiscal years beginning after September 30, 1986 October 1, 1992 ( Pub. L. 99662, title II,  212 Nov. 17, 1986 100 Stat. 4107  2241. Definitions For purposes of this subchapter (1) Deep-draft harbor The term deep-draft harbor means a harbor which is authorized to be constructed to a depth of more than 45 feet (other than a project which is authorized by section 202 of this title (2) Eligible operations and maintenance (A) Except as provided in subparagraph (B), the term eligible operations and maintenance means all Federal operations, maintenance, repair, and rehabilitation, including (i) maintenance dredging reasonably necessary to maintain the width and nominal depth of any harbor or inland harbor; (ii) the construction of dredged material disposal facilities that are necessary for the operation and maintenance of any harbor or inland harbor; (iii) dredging and disposing of contaminated sediments that are in or that affect the maintenance of Federal navigation channels; (iv) mitigating for impacts resulting from Federal navigation operation and maintenance activities; and (v) operating and maintaining dredged material disposal facilities. (B) As applied to the Saint Lawrence Seaway, the term eligible operations and maintenance means all operations, maintenance, repair, and rehabilitation, including maintenance dredging reasonably necessary to keep such Seaway or navigation improvements operated or maintained by the Great Lakes St. Lawrence Seaway Development Corporation in operation and reasonable state of repair. (C) The term eligible operations and maintenance does not include providing any lands, easements, or rights-of-way, or performing relocations required for project operations and maintenance. (3) General cargo harbor The term general cargo harbor means a harbor for which a project is authorized by section 202 of this title (4) Harbor The term harbor means any channel or harbor, or element thereof, in the United States, capable of being utilized in the transportation of commercial cargo in domestic or foreign waterborne commerce by commercial vessels. The term does not include (A) an inland harbor; (B) the Saint Lawrence Seaway; (C) local access or berthing channels; (D) channels or harbors constructed or maintained by nonpublic interests; and (E) any portion of the Columbia River other than the channels on the downstream side of Bonneville lock and dam. (5) Inland harbor The term inland harbor means a navigation project which is used principally for the accommodation of commercial vessels and the receipt and shipment of waterborne cargoes on inland waters. The term does not include (A) projects on the Great Lakes; (B) projects that are subject to tidal influence; (C) projects with authorized depths of greater than 20 feet; (D) local access or berthing channels; and (E) projects constructed or maintained by nonpublic interests. (6) Nominal depth The term nominal depth means, in relation to the stated depth for any navigation improvement project, such depth, including any greater depths which must be maintained for any harbor or inland harbor or element thereof included within such project in order to ensure the safe passage at mean low tide of any vessel requiring the stated depth. (7) Non-Federal interest The term non-Federal interest has the meaning such term has under section 1962d5b of title 42 (8) United States The term United States means all areas included within the territorial boundaries of the United States, including the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Northern Mariana Islands, and any other territory or possession over which the United States exercises jurisdiction. ( Pub. L. 99662, title II,  214 Nov. 17, 1986 100 Stat. 4108 Pub. L. 104303, title II,  201(e) Oct. 12, 1996 110 Stat. 3672 Pub. L. 116260, div. AA, title V,  512(c)(5)(C) Dec. 27, 2020 134 Stat. 2756  Editorial Notes  References in Text Section 202 of this title section 202 of title II of Pub. L. 99662 Nov. 17, 1986 100 Stat. 4091 Amendments 2020Par. (2)(B). Pub. L. 116260 1996Par. (2)(A). Pub. L. 104303,  201(e)(1) Par. (2)(C). Pub. L. 104303,  201(e)(2) Statutory Notes and Related Subsidiaries Increases in Non-Federal Share of Costs Amendment by Pub. L. 104303 Oct. 12, 1996 section 1293a of this title section 201(g) of Pub. L. 104303 section 2211 of this title 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  2242. Remote and subsistence harbors (a) In general In conducting a study of harbor and navigation improvements, the Secretary may recommend a project without the need to demonstrate that the project is justified solely by national economic development benefits if the Secretary determines that (1) (A) the community to be served by the project is at least 70 miles from the nearest surface accessible commercial port and has no direct rail or highway link to another community served by a surface accessible port or harbor; or (B) the project would be located in the State of Hawaii or Alaska, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, or American Samoa; (2) the harbor is economically critical such that over 80 percent of the goods transported through the harbor would be consumed within the region served by the harbor and navigation improvement, as determined by the Secretary, including consideration of information provided by the non-Federal interest; and (3) the long-term viability of the community in which the project is located, or the long-term viability of a community that is located in the region that is served by the project and that will rely on the project, would be threatened without the harbor and navigation improvement. (b) Justification In considering whether to recommend a project under subsection (a), the Secretary shall consider the benefits of the project to (1) public health and safety of the local community and communities that are located in the region to be served by the project and that will rely on the project, including access to facilities designed to protect public health and safety; (2) access to natural resources for subsistence purposes; (3) local and regional economic opportunities; (4) welfare of the regional population to be served by the project; and (5) social and cultural value to the local community and communities that are located in the region to be served by the project and that will rely on the project. (c) Prioritization Projects recommended by the Secretary under subsection (a) shall be given equivalent budget consideration and priority as projects recommended solely by national economic development benefits. (d) Disposition (1) In general The Secretary may carry out any project identified in the study carried out pursuant to subsection (a) in accordance with the criteria for projects carried out under the authority of the Secretary under section 577 of this title (2) Non-Federal interests In evaluating and implementing a project under this section, the Secretary shall allow a non-Federal interest to participate in the financing of a project in accordance with the criteria established for flood control projects under section 903(c) of the Water Resources Development Act of 1986 ( Public Law 99662 100 Stat. 4184 (e) Annual report For a project that cannot be carried out under the authority specified in subsection (d), on a determination by the Secretary of the feasibility of the project under subsection (a), the Secretary may include a recommendation concerning the project in the annual report submitted to Congress under section 2282d of this title ( Pub. L. 110114, title II,  2006 Nov. 8, 2007 121 Stat. 1073 Pub. L. 113121, title II,  2104 June 10, 2014 128 Stat. 1279 Pub. L. 114322, title I,  1105 Dec. 16, 2016 130 Stat. 1633  Editorial Notes  References in Text Section 903(c) of the Water Resources Development Act of 1986 ( Public Law 99662 100 Stat. 4184 Codification Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 2016Subsec. (a)(3). Pub. L. 114322,  1105(1) Subsec. (b)(1). Pub. L. 114322,  1105(2)(A) Subsec. (b)(4). Pub. L. 114322,  1105(2)(B) Subsec. (b)(5). Pub. L. 114322,  1105(2)(C) 2014Subsec. (a)(1)(B). Pub. L. 113121,  2104(1)(A) Subsec. (a)(2). Pub. L. 113121,  2104(1)(B) Subsecs. (c) to (e). Pub. L. 113121,  2104(2) Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 110114 section 2201 of this title  2243. Arctic deep draft port development partnerships (a) In general The Secretary may provide technical assistance to non-Federal public entities, including Indian tribes (as defined in section 5304 of title 25 section 1602 of title 43 1 1 (b) Acceptance of funds The Secretary is authorized to accept and expend funds provided by non-Federal public entities, including Indian tribes (as defined in section 5304 of title 25 section 1602 of title 43 1 (c) Limitation No assistance may be provided under this section until after the date on which the entity to which that assistance is to be provided enters into a written agreement with the Secretary that includes such terms and conditions as the Secretary determines to be appropriate and in the public interest. (d) Prioritization The Secretary shall prioritize technical assistance provided under this section for Arctic deep draft ports identified by the Secretary, the Secretary of the department in which the Coast Guard is operating, and the Secretary of Defense as important for Arctic development and security. (e) Consideration of national security interests In carrying out a study of the feasibility of an Arctic deep draft port, the Secretary (1) shall consult with the Secretary of the department in which the Coast Guard is operating to identify benefits in carrying out the missions specified in section 468 of title 6 (2) shall consult with the Secretary of Defense to identify national security benefits associated with an Arctic deep draft port; and (3) may consider such benefits in determining whether an Arctic deep draft port is feasible. ( Pub. L. 113121, title II,  2105 June 10, 2014 128 Stat. 1279 Pub. L. 114322, title I,  1202(c) Dec. 16, 2016 130 Stat. 1684  Editorial Notes Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 2016Subsecs. (a), (b). Pub. L. 114322,  1202(c)(1) section 1602 of title 43 section 5304 of title 25 Subsec. (d). Pub. L. 114322,  1202(c)(2) Subsec. (e). Pub. L. 114322,  1202(c)(3) Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121 section 2201 of this title SUBCHAPTER III INLAND WATERWAY TRANSPORTATION SYSTEM  Statutory Notes and Related Subsidiaries Inland Waterways Regional Dredge Pilot Program Pub. L. 117263, div. H, title LXXXI,  8133 Dec. 23, 2022 136 Stat. 3720  (a)  In General The Secretary [of the Army] is authorized to establish a pilot program (referred to in this section as the pilot program) to conduct a multiyear demonstration program to award contracts with a duration of up to 5 years for dredging projects on inland waterways of the United States described in section 206 of the Inland Waterways Revenue Act of 1978 ( 33 U.S.C. 1804 (b)  Purposes The purposes of the pilot program shall be to (1) increase the reliability, availability, and efficiency of federally owned and federally operated inland waterways projects; (2) decrease operational risks across the inland waterways system; and (3) provide cost savings by combining work across multiple projects across different accounts of the Corps of Engineers. (c)  Demonstration. (1)  In general The Secretary shall, to the maximum extent practicable, award contracts for projects under subsection (a) that combine work for construction and operation and maintenance. (2)  Projects In awarding contracts under paragraph (1), the Secretary shall consider projects that (A) improve navigation reliability on inland waterways that are accessible year-round; (B) increase freight capacity on inland waterways; and (C) have the potential to enhance the availability of containerized cargo on inland waterways. (d)  Savings Clause Nothing in this section affects the responsibility of the Secretary with respect to the construction and operation and maintenance of projects on the inland waterways system. (e)  Report to Congress Not later than 1 year after the date on which the first contract is awarded pursuant to the pilot program, 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 that evaluates, with respect to the pilot program and any contracts awarded under the pilot program (1) cost-effectiveness; (2) reliability and performance; (3) cost savings attributable to mobilization and demobilization of dredge equipment; and (4) response times to address navigational impediments. (f)  Sunset The authority of the Secretary to enter into contracts pursuant to the pilot program shall expire on the date that is 10 years after the date of enactment of this Act [ Dec. 23, 2022 Inland Waterways Pilot Program Pub. L. 116260, div. AA, title I,  159 Dec. 27, 2020 134 Stat. 2663  (a)  Definitions In this section: (1)  Authorized project The term authorized project means a federally authorized water resources development project for navigation on the inland waterways. (2)  Modernization activities The term modernization activities means construction or major rehabilitation activities for any authorized project. (3)  Non-federal interest The term non-Federal interest means any public body described in section 221(b) of the Flood Control Act of 1970 ( 42 U.S.C. 1962d5b(b) (b)  Authorization of Pilot Program The Secretary [of the Army] is authorized to carry out a pilot program for modernization activities on the inland waterways system. (c)  Implementation. (1)  In general In carrying out the pilot program under this section, the Secretary may (A) accept and expend funds provided by a non-Federal interest to carry out, for an authorized project (or a separable element of an authorized project), modernization activities for such project; or (B) coordinate with the non-Federal interest in order to allow the non-Federal interest to carry out, for an authorized project (or a separable element of an authorized project), such modernization activities. (2)  Number The Secretary shall select not more than 2 authorized projects to participate in the pilot program under paragraph (1). (3)  Conditions Before carrying out modernization activities pursuant to paragraph (1)(B), a non-Federal interest shall (A) obtain any permit or approval required in connection with such activities under Federal or State law that would be required if the Secretary were to carry out such activities; and (B) ensure that a final environmental impact statement or environmental assessment, as appropriate, for such activities has been filed pursuant to the National Environmental Policy Act of 1969 [ 42 U.S.C. 4321 (4)  Monitoring For any modernization activities carried out by the non-Federal interest pursuant to this section, the Secretary shall regularly monitor and audit such activities to ensure that (A) the modernization activities are carried out in accordance with this section; and (B) the cost of the modernization activities is reasonable. (5)  Requirements The requirements of section 3142 of title 40 (d)  Agreements. (1)  Activities carried out by non-federal interest. (A)  In general. (i)  Written agreement Before a non-Federal interest initiates modernization activities for an authorized project pursuant to this subsection (c)(1)(B), the non-Federal interest shall enter into a written agreement with the Secretary, under section 221 of the Flood Control Act of 1970 ( 42 U.S.C. 1962d5b (I) a plan approved by the Secretary; and (II) any other terms and conditions specified by the Secretary in the agreement. (ii)  Requirements A written agreement under clause (i) shall provide that the non-Federal interest shall comply with the same legal and technical requirements that would apply if the modernization activities were carried out by the Secretary, including all mitigation required to offset environmental impacts of the activities, as determined by the Secretary. (B)  Alignment with ongoing activities A written agreement under subparagraph (A) shall include provisions that, to the maximum extent practicable, align modernization activities under this section with ongoing operations and maintenance activities for the applicable authorized project. (C)  Indemnification As part of a written agreement under subparagraph (A), the non-Federal interest shall agree to hold and save the United States free from liability for any and all damage that arises from the modernization activities carried out by the non-Federal interest pursuant to this section. (2)  Activities carried out by secretary For modernization activities to be carried out by the Secretary pursuant to subsection (c)(1)(A), the non-Federal interest shall enter into a written agreement with the Secretary, containing such terms and conditions as the Secretary determines appropriate. (e)  Reimbursement. (1)  Authorization Subject to the availability of appropriations, the Secretary may reimburse a non-Federal interest for the costs of modernization activities carried out by the non-Federal interest pursuant to an agreement entered into under subsection (d), or for funds provided to the Secretary under subsection (c)(1)(A), if (A) the non-Federal interest complies with the agreement entered into under subsection (d); and (B) with respect to modernization activities carried out by the non-Federal interest pursuant to the agreement, the Secretary determines that the non-Federal interest complied with all applicable Federal requirements in carrying out the modernization activities. (2)  Limitation The Secretary may only reimburse a non-Federal interest under paragraph (1) for costs of construction that would otherwise be paid from amounts appropriated from the general fund of the Treasury pursuant to section 102 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2212 (f)  Rule of Construction Nothing in this section (1) affects the responsibility of the Secretary for the operations and maintenance of the inland waterway system, as of the day before the date of enactment of this Act [ Dec. 27, 2020 (2) prohibits or prevents the use of Federal funds for operations and maintenance of the inland waterway system or any authorized project within the inland waterway system; or (3) prohibits or prevents the use of Federal funds for construction or major rehabilitation activities within the inland waterway system or for any authorized project within the inland waterway system. (g)  Notification If a non-Federal interest notifies the Secretary that the non-Federal interest intends to carry out modernization activities for an authorized project, or separable element thereof, pursuant to this section, the Secretary shall provide written notice to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives concerning the intent of the non-Federal interest. (h)  Sunset. (1)  In general The authority of the Secretary to enter into an agreement under this section shall terminate on the date that is 5 years after the date of enactment of this Act. (2)  Reimbursement eligibility The termination of authority under paragraph (1) shall not extinguish the eligibility of a non-Federal interest to seek reimbursement under subsection (e).  2251. Inland Waterways Users Board (a) Establishment of Users Board There is hereby established an Inland Waterway Users Board (hereinafter in this section referred to as the Users Board) composed of the eleven members selected by the Secretary, one of whom shall be designated by the Secretary as Chairman. The members shall be selected so as to represent various regions of the country and a spectrum of the primary users and shippers utilizing the inland and intracoastal waterways for commercial purposes. Due consideration shall be given to assure a balance among the members based on the ton-mile shipments of the various categories of commodities shipped on inland waterways. The Secretary of the Army shall designate, and the Secretaries of Agriculture, Transportation, and Commerce may each designate, a representative to act as an observer of the Users Board. (b) Duties of Users Board (1) In general The Users Board shall meet not less frequently than semiannually to develop and make recommendations to the Secretary and Congress regarding the inland waterways and inland harbors of the United States. (2) Advice and recommendations For commercial navigation features and components of the inland waterways and inland harbors of the United States, the Users Board shall provide (A) prior to the development of the budget proposal of the President for a given fiscal year, advice and recommendations to the Secretary regarding construction and rehabilitation priorities and spending levels; (B) advice and recommendations to Congress regarding any feasibility report for a project on the inland waterway system that has been submitted to Congress pursuant to section 2282d of this title (C) advice and recommendations to Congress regarding an increase in the authorized cost of those features and components; (D) not later than 60 days after the date of the submission of the budget proposal of the President to Congress, advice and recommendations to Congress regarding construction and rehabilitation priorities and spending levels; and (E) advice and recommendations on the development of a long-term capital investment program in accordance with subsection (d). (3) Project development teams The chairperson of the Users Board shall appoint a representative of the Users Board to serve as an advisor to the project development team for a qualifying project or the study or design of a commercial navigation feature or component of the inland waterways and inland harbors of the United States. (4) Independent judgment Any advice or recommendation made by the Users Board to the Secretary shall reflect the independent judgment of the Users Board. (c) Duties of Secretary The Secretary shall (1) communicate not less frequently than once each quarter to the Users Board the status of the study, design, or construction of all commercial navigation features or components of the inland waterways or inland harbors of the United States; and (2) submit to the Users Board a courtesy copy of all completed feasibility reports relating to a commercial navigation feature or component of the inland waterways or inland harbors of the United States. (d) Capital investment program (1) In general Not later than 1 year after June 10, 2014 (2) Consideration In developing the program under paragraph (1), the Secretary shall take into consideration the 20-year capital investment strategy contained in the Inland Marine Transportation System (IMTS) Capital Projects Business Model, Final Report published on April 13, 2010 (3) Criteria In developing the plan and prioritization criteria under paragraph (1), the Secretary shall ensure, to the maximum extent practicable, that investments made under the 20-year program described in paragraph (1) (A) are made in all geographical areas of the inland waterways system; and (B) ensure efficient funding of inland waterways projects. (4) Strategic review and update Not later than 5 years after June 10, 2014 (A) submit to Congress and make publicly available a strategic review of the 20-year program in effect under this subsection, which shall identify and explain any changes to the project-specific recommendations contained in the previous 20-year program (including any changes to the prioritization criteria used to develop the updated recommendations); and (B) make revisions to the program, as appropriate. (e) Project management plans The chairperson of the Users Board and the project development team member appointed by the chairperson under subsection (b)(3) may sign the project management plan for the qualifying project or the study or design of a commercial navigation feature or component of the inland waterways and inland harbors of the United States. (f) Administration (1) In general The Users Board shall be subject to chapter 10 of title 5, other than section 1013, and, with the consent of the appropriate agency head, the Users Board may use the facilities and services of any Federal agency. (2) Members not considered special Government employees For the purposes of complying with chapter 10 of title 5, the members of the Users Board shall not be considered special Government employees (as defined in section 202 of title 18 (3) Travel expenses Non-Federal members of the Users Board while engaged in the performance of their duties away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 ( Pub. L. 99662, title III,  302 Nov. 17, 1986 100 Stat. 4111 Pub. L. 106109,  8(a) Nov. 24, 1999 113 Stat. 1495 Pub. L. 113121, title II,  2002(d) June 10, 2014 128 Stat. 1262 Pub. L. 117286,  4(a)(202) Dec. 27, 2022 136 Stat. 4328  Editorial Notes Amendments 2022Subsec. (f)(1). Pub. L. 117286,  4(a)(202)(A) Subsec. (f)(2). Pub. L. 117286,  4(a)(202)(B) 2014Subsec. (b). Pub. L. 113121,  2002(d)(1) section 3003 of Public Law 10466 31 U.S.C. 1113 109 Stat. 734 December 31, 1987 Subsecs. (c) to (f). Pub. L. 113121,  2002(d)(2) section 5703 of title 5 1999Subsec. (b). Pub. L. 106109 section 3003 of Public Law 10466 31 U.S.C. 1113 109 Stat. 734  2252. Project delivery process reforms (a) Requirements for qualifying projects With respect to each qualifying project, the Secretary shall require (1) for each project manager, that (A) the project manager have formal project management training and certification; and (B) the project manager be assigned from among personnel certified by the Chief of Engineers; and (2) for an applicable cost estimation, that (A) the Secretary utilize a risk-based cost estimate with a confidence level of at least 80 percent; and (B) the cost estimate be developed (i) for a qualifying project that requires an increase in the authorized amount in accordance with section 2280 of this title (ii) for a qualifying project for which the first construction contract has not been awarded, prior to the award of the first construction contract; (iii) for a qualifying project without a completed feasibility report in accordance with section 2282 of this title (iv) for a qualifying project with a completed feasibility report in accordance with section 2282 of this title (b) Additional project delivery process reforms Not later than 18 months after June 10, 2014 (1) establish a system to identify and apply on a continuing basis best management practices from prior or ongoing qualifying projects to improve the likelihood of on-time and on-budget completion of qualifying projects; (2) evaluate early contractor involvement acquisition procedures to improve on-time and on-budget project delivery performance; and (3) implement any additional measures that the Secretary determines will achieve the purposes of this subtitle, including (A) the implementation of applicable practices and procedures developed pursuant to management by the Secretary of an applicable military construction program; (B) the development and use of a portfolio of standard designs for inland navigation locks, incorporating the use of a center of expertise for the design and review of qualifying projects; (C) the use of full-funding contracts or formulation of a revised continuing contracts clause; and (D) the establishment of procedures for recommending new project construction starts using a capital projects business model. (c) Pilot projects (1) In general Subject to paragraph (2), the Secretary may carry out pilot projects to evaluate processes and procedures for the study, design, and construction of qualifying projects. (2) Inclusions At a minimum, the Secretary shall carry out pilot projects under this subsection to evaluate (A) early contractor involvement in the development of features and components; (B) an appropriate use of continuing contracts for the construction of features and components; and (C) applicable principles, procedures, and processes used for military construction projects. ( Pub. L. 113121, title II,  2002 June 10, 2014 128 Stat. 1261  Editorial Notes  References in Text This subtitle, referred to in subsec. (b)(3), is subtitle A ( 20012013) of title II of Pub. L. 113121 Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Section is comprised of section 2002 of Pub. L. 113121 section 2002 of Pub. L. 113121 section 2251 of this title Statutory Notes and Related Subsidiaries  Definitions Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121 section 2201 of this title Pub. L. 113121, title II,  2001 June 10, 2014 128 Stat. 1260  In this title [enacting this section and sections 2211a, 2238b, 2238c, 2243, 2253, 2254, and 2255 of this title and amending sections 2211, 2212, 2238, 2242, 2251, 2282a, and 2327 of this title and section 9505 of Title 26 (1)  Inland waterways trust fund The term Inland Waterways Trust Fund means the Inland Waterways Trust Fund established by section 9506(a) of the Internal Revenue Code of 1986 [ 26 U.S.C. 9506(a) (2)  Qualifying project The term qualifying project means any construction or major rehabilitation project for navigation infrastructure of the inland and intracoastal waterways that is (A) authorized before, on, or after the date of enactment of this Act [ June 10, 2014 (B) not completed on the date of enactment of this Act; and (C) funded at least in part from the Inland Waterways Trust Fund.  2253. Annual financial review  For any inland waterways project that the Secretary carries out that has an estimated total cost of $500,000,000 or more, the Secretary shall submit to the congressional committees referred to in subsection (a) 1 1 ( Pub. L. 113121, title II,  2007(b) June 10, 2014 128 Stat. 1268  Editorial Notes  References in Text The congressional committees referred to in subsection (a), referred to in text, mean the congressional committees referred to in subsec. (a) of section 2007 of Pub. L. 113121 Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, 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 Pub. L. 113121 section 2201 of this title  2254. Assessment of operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway (a) In general Not later than 90 days after June 10, 2014 (b) Types of activities In carrying out subsection (a), the Secretary shall assess the operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway as used for the following purposes: (1) Commercial navigation. (2) Commercial fishing. (3) Subsistence, including utilization by Indian tribes (as defined in section 5304 of title 25 (4) Use as ingress and egress to harbors of refuge. (5) Transportation of persons. (6) Purposes relating to domestic energy production, including fabrication, servicing, and supply of domestic offshore energy production facilities. (7) Activities of the Secretary of the department in which the Coast Guard is operating. (8) Public health and safety related equipment for responding to coastal and inland emergencies. (9) Recreation purposes. (10) Any other authorized purpose. (c) Report to Congress For fiscal year 2015, and biennially thereafter, in conjunction with the annual budget submission by the President to Congress under section 1105(a) of title 31 (1) identifies the operation and maintenance costs required to achieve the authorized length, width, and depth; (2) identifies the amount of funding requested in the Presidents budget for operation and maintenance costs; and (3) identifies the unmet operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway. ( Pub. L. 113121, title II,  2008 June 10, 2014 128 Stat. 1268  Editorial Notes Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, 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 Pub. L. 113121 section 2201 of this title  2255. Inland waterways riverbank stabilization (a) In general Not later than 1 year after June 10, 2014 (1) carrying out projects for the inland and intracoastal waterways for purposes of (A) flood damage reduction; (B) emergency streambank and shoreline protection; and (C) prevention and mitigation of shore damages attributable to navigation improvements; and (2) modifying projects for the inland and intracoastal waterways for the purpose of improving the quality of the environment. (b) Recommendations In conducting the study, the Secretary shall develop specific project recommendations and prioritize those recommendations based on (1) the extent of damage and land loss resulting from riverbank erosion; (2) the rate of erosion; (3) the significant threat of future flood risk to public property, public infrastructure, or public safety; (4) the destruction of natural resources or habitats; and (5) the potential cost savings for maintenance of the channel. (c) Disposition The Secretary may carry out any project identified in the study conducted pursuant to subsection (a) in accordance with the criteria for projects carried out under one of the following authorities: (1)  Section 701r of this title (2)  Section 701s of this title (3)  Section 426i of this title (4)  Section 2309a of this title (d) Annual report For a project recommended pursuant to the study that cannot be carried out under any of the authorities specified in subsection (c), upon a determination by the Secretary of the feasibility of the project, the Secretary may include a recommendation concerning the project in the annual report submitted to Congress under section 2282d of this title ( Pub. L. 113121, title II,  2009 June 10, 2014 128 Stat. 1269  Editorial Notes Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, 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 Pub. L. 113121 section 2201 of this title  2255a. High water-low water preparedness (a) Definitions In this section: (1) Bypass The term bypass means an alternate water route adjacent to a lock and dam on a Federal inland waterway system that can be used for commercial navigation during high water conditions. (2) Emergency condition The term emergency condition means (A) unsafe conditions on a Federal inland waterway system that prevent the operation of commercial vessels, resulting from a major change in water level or flows; (B) an obstruction in a Federal inland waterway system, including silt, sediment, rock formation, or a shallow channel; (C) an impaired or inoperable Federal lock and dam; or (D) any other condition determined appropriate by the Secretary. (b) Emergency determination The Secretary, in consultation with the District Commanders responsible for maintaining any Federal inland waterway system, the users of the waterway system, and the Coast Guard, may make a determination that an emergency condition exists on the waterway system. (c) Emergency mitigation project (1) In general Subject to paragraph (2) and the availability of appropriations, and in accordance with all applicable Federal requirements, the Secretary may carry out an emergency mitigation project on a Federal inland waterway system with respect to which the Secretary has determined that an emergency condition exists under subsection (b), or on a bypass of such system, to remedy that emergency condition. (2) Deadline An emergency mitigation project under paragraph (1) shall (A) be initiated by not later than 60 days after the date on which the Secretary makes the applicable determination under subsection (b); and (B) to the maximum extent practicable, be completed by not later than 1 year after the date on which the Secretary makes such determination. (d) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $25,000,000 for each of fiscal years 2022 through 2024, to remain available until expended. ( Pub. L. 116260, div. AA, title I,  151 Dec. 27, 2020 134 Stat. 2657  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. 116260 section 2201 of this title SUBCHAPTER IV WATER RESOURCES STUDIES  2261. Territories development study  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. 99662, title VII,  702 Nov. 17, 1986 100 Stat. 4156  Editorial Notes  References in Text This Act, referred to in text, is Pub. L. 99662 Nov. 17, 1986 100 Stat. 4082 section 2201 of this title 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  2262. Survey of potential for use of certain facilities as hydroelectric facilities (a) Survey authority The Secretary shall, upon the request of local public officials, survey the potential and methods for rehabilitating former industrial sites, millraces, and similar types of facilities already constructed for use as hydroelectric facilities. The Secretary shall, upon request, provide technical assistance to local public agencies, including electric cooperatives, in designing projects to rehabilitate sites that have been surveyed, or are qualified for such survey, under this section. The non-Federal share of the cost of carrying out this section shall be 50 percent. (b) Authorization of appropriations There is authorized to be appropriated to the Secretary, to implement this section, the sum of $5,000,000 for each of the fiscal years ending September 30, 1988 September 30, 1992 ( Pub. L. 99662, title VII,  703 Nov. 17, 1986 100 Stat. 4156  2263. Study of Corps capability to conserve fish and wildlife (a) Investigation and study The Secretary shall investigate and study the feasibility of utilizing the capabilities of the United States Army Corps of Engineers to conserve fish and wildlife (including their habitats) where such fish and wildlife are indigenous to the United States, its possessions, or its territories. The scope of such study shall include the use of engineering or construction capabilities to create alternative habitats, or to improve, enlarge, develop, or otherwise beneficially modify existing habitats of such fish and wildlife. The study shall be conducted in consultation with the Director of the Fish and Wildlife Service of the Department of the Interior, the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration, and the Administrator of the Environmental Protection Agency, and shall be transmitted within the 30-month period beginning on November 17, 1986 (b) Projects (1) In general The Secretary is further authorized to conduct projects of alternative or beneficially modified habitats for fish and wildlife, including but not limited to man-made reefs for fish. There is authorized to be appropriated not to exceed $100,000,000 to carry out such projects. (2) Inclusions Such projects shall be developed, and their effectiveness evaluated, in consultation with the Director of the Fish and Wildlife Service and the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration. Such projects shall include (A) the construction of a reef for fish habitat in Lake Erie in the vicinity of Buffalo, New York; (B) the construction of a reef for fish habitat in the Atlantic Ocean in the vicinity of Fort Lauderdale, Florida; (C) the construction of a reef for fish habitat in Lake Ontario in the vicinity of the town of Newfane, New York; and (D) the restoration and rehabilitation of habitat for fish, including native oysters, in the Chesapeake Bay and its tributaries in Virginia and Maryland, including (i) the construction of oyster bars and reefs; (ii) the rehabilitation of existing marginal habitat; (iii) the use of appropriate alternative substrate material in oyster bar and reef construction; (iv) the construction and upgrading of oyster hatcheries; and (v) activities relating to increasing the output of native oyster broodstock for seeding and monitoring of restored sites to ensure ecological success. (3) Restoration and rehabilitation activities The restoration and rehabilitation activities described in paragraph (2)(D) shall be (A) for the purpose of establishing permanent sanctuaries and harvest management areas; and (B) consistent with plans and strategies for guiding the restoration of the Chesapeake Bay oyster resource and fishery. (4) Cost sharing (A) In general The non-Federal share of the cost of any project under this subsection shall be 25 percent. (B) Form The non-Federal share may be provided through in-kind services, including (i) the provision by the non-Federal interest of shell stock material that is determined by the Secretary to be suitable for use in carrying out the project; and (ii) in the case of a project carried out under paragraph (2)(D) after June 10, 2014 (I) enhance the viability of oyster restoration efforts; (II) are integral to the project; and (III) are cost effective. (C) Applicability The non-Federal interest shall be credited with the value of in-kind services provided on or after October 1, 2000 (5) Definition of ecological success In this subsection, the term ecological success means (A) achieving a tenfold increase in native oyster biomass by the year 2010, from a 1994 baseline; and (B) the establishment of a sustainable fishery as determined by a broad scientific and economic consensus. In carrying out paragraph (4), 1 1 ( Pub. L. 99662, title VII,  704 Nov. 17, 1986 100 Stat. 4157 Pub. L. 104303, title V,  505 Oct. 12, 1996 110 Stat. 3757 Pub. L. 106541, title III,  342 Dec. 11, 2000 114 Stat. 2612 Pub. L. 10766, title I,  113 Nov. 12, 2001 115 Stat. 496 Pub. L. 109103, title I,  126 Nov. 19, 2005 119 Stat. 2259 Pub. L. 110114, title V,  5021 Nov. 8, 2007 121 Stat. 1202 Pub. L. 113121, title IV,  4010(b) June 10, 2014 128 Stat. 1318 Pub. L. 114322, title I,  1180 Dec. 16, 2016 130 Stat. 1677  Editorial Notes  References in Text Paragraph (4), referred to in concluding provisions of subsec. (b), meaning subsec. (b)(4) of this section, was redesignated subsec. (b)(1)(D) by Pub. L. 10766, title I,  113(1) Nov. 12, 2001 115 Stat. 496 Pub. L. 110114, title V,  5021(1) Nov. 8, 2007 121 Stat. 1202 Amendments 2016Subsec. (b)(1). Pub. L. 114322 2014Subsec. (b)(1). Pub. L. 113121,  4010(b)(1) Subsec. (b)(4)(B). Pub. L. 113121,  4010(b)(2) 2007Subsec. (b)(1). Pub. L. 110114,  5021(2) Subsec. (b)(2). Pub. L. 110114,  5021(2)(B) Subsec. (b)(2)(D). Pub. L. 110114,  5021(3) Subsec. (b)(3), (4). Pub. L. 110114,  5021(1) Subsec. (b)(5). Pub. L. 110114,  5021(4) 2005Subsec. (b)(1). Pub. L. 109103 2001Subsec. (b). Pub. L. 10766 2000Subsec. (b). Pub. L. 106541,  342(1) Subsec. (b)(4). Pub. L. 106541,  342(2) 1996Subsec. (b). Pub. L. 104303 Statutory Notes and Related Subsidiaries Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31  2263a. Aquatic invasive species research (a) In general As part of the ongoing activities of the Engineer Research and Development Center to address the spread and impacts of aquatic invasive species, the Secretary shall undertake research on the prevention, management, and eradication of aquatic invasive species, including Asian carp, elodea, hydrilla, quagga mussels, and zebra mussels. (b) Locations In carrying out subsection (a), the Secretary shall work with Corps of Engineers district offices representing diverse geographical regions of the continental United States that are impacted or could be impacted in the future by aquatic invasive species, such as the Atlantic, Pacific, Arctic, and Gulf Coasts, the Great Lakes, and reservoirs operated and maintained by the Secretary. (c) Report Not later than 180 days after October 23, 2018 ( Pub. L. 115270, title I,  1108 Oct. 23, 2018 132 Stat. 3774 Pub. L. 116260, div. AA, title V,  502 Dec. 27, 2020 134 Stat. 2744 Pub. L. 117263, div. H, title LXXXI,  8305(a) Dec. 23, 2022 136 Stat. 3778  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 2018, and also as part of the Americas Water Infrastructure Act of 2018, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 2022Subsec. (a). Pub. L. 117263 2020Subsec. (a). Pub. L. 116260,  502(1) Subsec. (b). Pub. L. 116260,  502(2) Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 102 of Pub. L. 115270 section 2201 of this title  2264. Repealed. Pub. L. 116260, div. AA, title III,  360(a) Dec. 27, 2020 134 Stat. 2732   Section, Pub. L. 99662, title VII,  710 Nov. 17, 1986 100 Stat. 4160 Pub. L. 106109,  8(b) Nov. 24, 1999 113 Stat. 1495  2265. Columbia River/Arkansas River Basin transfers (a) No Federal agency shall study or participate in the study of any regional or river basin plan or any plan for any Federal water and related land resource project which has as its objective the transfer of water from the Columbia River Basin to any other region or any other major river basin of the United States, unless such study is approved by the Governors of all affected States. (b) For a period of 5 years after November 17, 1986 ( Pub. L. 99662, title VII,  715 Nov. 17, 1986 100 Stat. 4161  2266. Canadian tidal power study (a) Study authority The Secretary, after consultation with the National Oceanic and Atmospheric Administration, the National Marine Fisheries Service, the United States Fish and Wildlife Service, and other appropriate governmental agencies, and the National Research Council of the National Academy of Sciences, is authorized and directed to undertake studies to identify the impacts on the United States of potential Canadian tidal power development in the Bay of Fundy, and submit such studies to the appropriate committees of the Congress. (b) Study phases The Secretary shall conduct the studies authorized in subsection (a) of this section in two phases: (1) Studies to be completed not later than October 1, 1988 (2) Studies to be completed not later than October 1, 1990 (c) Authorization of appropriations In the fiscal year ending September 30, 1987 ( Pub. L. 99662, title VII,  724 Nov. 17, 1986 100 Stat. 4163  2267. New York Bight study (a) Study authority The Secretary shall study a hydro-environmental monitoring and information system in the New York Bight in the form of a system using computerized buoys and radio telemetry that allows for the continual monitoring (at strategically located sites throughout the New York Bight) of the following: wind, wave, current, salinity and thermal gradients and sea chemistry, in order to measure the effect of changes due to air and water pollution, including changes due to continued dumping in the Bight. (b) Study of physical hydraulic model In addition, the Secretary shall study a proper physical hydraulic model of the New York Bight and for such an offshore model to be tied into the existing inshore physical hydraulic model of the Port of New York and New Jersey operated by the United States Army Corps of Engineers. (c) Agency coordination; findings and recommendations The Secretary shall coordinate fully with the Administrator of the Environmental Protection Agency in carrying out the study described in this section and shall report any findings and recommendations to Congress. The Secretary and the Administrator shall also consider the views of other appropriate Federal, State, and local agencies, academic institutions, and members of the public who are concerned about water quality in the New York Bight. (d) Authorization of appropriations There is authorized to be appropriated not more than $1,000,000 per fiscal year for each of fiscal years 1987, 1988, 1989, 1990, and 1991. ( Pub. L. 99662, title VII,  728 Nov. 17, 1986 100 Stat. 4164  Statutory Notes and Related Subsidiaries New York Bight and Harbor Study Pub. L. 102580, title III,  326 Oct. 31, 1992 106 Stat. 4850 Pub. L. 104303, title IV,  433 Oct. 12, 1996 110 Stat. 3746  (a)  In General As a continuation of the study pursuant to section 728 of the Water Resources Development Act of 1986 [ 33 U.S.C. 2267 (b)  Hydraulic Model In addition, the Secretary shall study a proper physical hydraulic model of the New York Bight and the tying in of such model to the existing inshore physical hydraulic model of the Port of New York and New Jersey operated by the United States Army Corps of Engineers. (c)  Purpose This New York Bight and Harbor effort will address the engineering, environmental, and social impacts of natural and man-made changes to the New York Bight, including water quality parameters such as contaminant and sediment transport effects, and nutrient eutrophication. (d)  Coordination With EPA; Reports The Secretary shall coordinate fully with the Administrator of the Environmental Protection Agency in carrying out the study described in the section and shall report any findings and recommendations to Congress. The Secretary and the Administrator shall also consider the views of other appropriate Federal, State, and local agencies, academic institutions, and members of the public who are concerned about water and sediment quality in the New York Bight and Harbor region. (e)  Remediation Techniques. (1)  In general To test and verify contaminant and sediment tracking ability of the models, and to reduce the problems associated with the dredging and disposal of dioxin contaminated sediments in the region, a study shall be performed to identify appropriate remediation techniques (including isolation and treatment) for mitigating dioxin contaminated sediments at their sources. The study and report are not intended to encumber civil works projects under development or scheduled to be maintained. Work on these projects shall proceed along the present schedule. (2)  Report Not later than 1 year after the date of the enactment of this Act [ Oct. 31, 1992 (A) the dioxin study and monitoring required in this subsection; and (B) the effectiveness and costs of all reasonable remediation measures, including recommendations as to a plan for implementation of the most time and cost-effective measures. (f)  Funding There is authorized to be appropriated $3,000,000 for fiscal years beginning after September 30, 1992 Pub. L. 100220, title II Dec. 29, 1987 101 Stat. 1467 Pub. L. 100688, title I,  1003(b) Nov. 18, 1988 102 Stat. 4150 Dec. 29, 1987 Dec. 29, 1987  2267a. Watershed and river basin assessments (a) In general The Secretary may assess the water resources needs of river basins and watersheds of the United States, including needs relating to (1) ecosystem protection and restoration; (2) flood damage reduction; (3) navigation and ports; (4) watershed protection; (5) water supply; (6) drought preparedness; (7) sea level rise; (8) coastal storm damage reduction; and (9) streambank and shoreline protection. (b) Cooperation An assessment under subsection (a) shall be carried out in cooperation and coordination with (1) the Secretary of the Interior; (2) the Secretary of Agriculture; (3) the Secretary of Commerce; (4) the Administrator of the Environmental Protection Agency; and (5) the heads of other appropriate agencies. (c) Consultation In carrying out an assessment under subsection (a), the Secretary shall consult with Federal, tribal, State, interstate, and local governmental entities. (d) Priority river basins and watersheds In selecting river basins and watersheds for assessment under this section, the Secretary shall give priority to (1) the Delaware River basin; (2) the Kentucky River basin; (3) the Potomac River basin; (4) the Susquehanna River basin; (5) the Willamette River basin; (6) Tuscarawas River Basin, Ohio; (7) Sauk River Basin, Snohomish and Skagit Counties, Washington; (8) Niagara River Basin, New York; (9) Genesee River Basin, New York; (10) White River Basin, Arkansas and Missouri; (11) New York-New Jersey Watershed Basin, which encompasses all the watersheds that flow into the New York-New Jersey Harbor and their associated estuaries, including the Hudson, Mohawk, Raritan, Passaic, Hackensack, and Bronx River Watersheds and the Hudson River Estuary; (12) Mississippi River Watershed; and (13) Chattahoochee River Basin, Alabama, Florida, and Georgia. (e) Acceptance of contributions In carrying out an assessment under subsection (a), the Secretary may accept contributions, in cash or in kind, from Federal, tribal, State, interstate, and local governmental entities to the extent that the Secretary determines that the contributions will facilitate completion of the assessment. (f) Cost-sharing requirements (1) Non-Federal share The non-Federal share of the costs of an assessment carried out under this section on or after December 11, 2000 (2) Credit (A) In general Subject to subparagraph (B), the Secretary may credit toward the non-Federal share of an assessment under this section the cost of services, materials, supplies, or other in-kind contributions provided by the non-Federal interests for the assessment. (B) Maximum amount of credit The credit under subparagraph (A) may not exceed an amount equal to 25 percent of the costs of the assessment. ( Pub. L. 99662, title VII,  729 Nov. 17, 1986 100 Stat. 4164 Pub. L. 106541, title II,  202 Dec. 11, 2000 114 Stat. 2587 Pub. L. 110114, title II,  2010 Nov. 8, 2007 121 Stat. 1074 Pub. L. 117263, div. H, title LXXXI,  8302 Dec. 23, 2022 136 Stat. 3776  Editorial Notes Amendments 2022Subsec. (a)(7) to (9). Pub. L. 117263,  8302(1) Subsec. (d)(11) to (13). Pub. L. 117263,  8302(2) 2007Subsec. (d)(6) to (10). Pub. L. 110114,  2010(1) Subsec. (f)(1). Pub. L. 110114,  2010(2) Subsec. (g). Pub. L. 110114,  2010(3) 2000 Pub. L. 106541 (a) The Secretary, in coordination with the Secretary of the Interior and in consultation with appropriate Federal, State, and local agencies, is authorized to study the water resources needs of river basins and regions of the United States. The Secretaries shall report the results of such study to Congress not later than October 1, 1988 (b) In carrying out the studies authorized under subsection (a) of this section, the Secretaries shall consult with State, interstate, and local governmental entities. (c) There is authorized to be appropriated $5,000,000 for fiscal years beginning after September 30, 1986  2267b. Post-disaster watershed assessments (a) Watershed assessments (1) In general In an area that the President has declared a major disaster in accordance with section 5170 of title 42 (2) Existing projects A watershed assessment carried out paragraph 1 1 (3) Duplicate watershed assessments In carrying out a watershed assessment under paragraph (1), the Secretary shall use all existing watershed assessments and related information developed by the Secretary or other Federal, State, or local entities. (b) Projects (1) In general The Secretary may carry out projects identified under a watershed assessment under subsection (a) in accordance with the criteria for projects carried out under one of the following authorities: (A) Section 205 of the Flood Control Act of 1948 ( 33 U.S.C. 701s (B) Section 111 of the River and Harbor Act of 1968 ( 33 U.S.C. 426i (C) Section 206 of the Water Resources Development Act of 1996 ( 33 U.S.C. 2330 (D) Section 1135 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2309a (E) Section 107 of the River and Harbor Act of 1960 ( 33 U.S.C. 577 (F)  Section 3 of the Act of August 13, 1946 33 U.S.C. 426g (2) Annual plan For each project that does not meet the criteria under paragraph (1), the Secretary shall include a recommendation relating to the project in the annual report submitted to Congress by the Secretary in accordance with section 2282d of this title (3) Existing projects In carrying out a project under paragraph (1), the Secretary shall (A) to the maximum extent practicable, use all existing information and studies available for the project; and (B) not require any element of a study completed for the project prior to the disaster to be repeated. (c) Requirements All requirements applicable to a project under the Acts described in subsection (b) shall apply to the project. (d) Limitations on assessments A watershed assessment under subsection (a) shall be initiated not later than 2 years after the date on which the major disaster declaration is issued. (e) Assessments in territories of the United States (1) In general For any major disaster declared in a territory of the United States before October 23, 2018 (2) Territory defined In this subsection, the term territory of the United States means an insular area specified in section 2310(a)(1) of this title ( Pub. L. 113121, title III,  3025 June 10, 2014 128 Stat. 1303 Pub. L. 115270, title I,  1139 Oct. 23, 2018 132 Stat. 3784  Editorial Notes  References in Text The Flood Control Act of 1948, referred to in subsecs. (b)(1)(A) and (c), is act June 30, 1948, ch. 771, title II 62 Stat. 1175 The River and Harbor Act of 1968, referred to in subsecs. (b)(1)(B) and (c), is Pub. L. 90483, title I Aug. 13, 1968 82 Stat. 731 The Water Resources Development Act of 1996, referred to in subsecs. (b)(1)(C) and (c), is Pub. L. 104303 Oct. 12, 1996 110 Stat. 3658 section 2201 of this title The Water Resources Development Act of 1986, referred to in subsecs. (b)(1)(D) and (c), is Pub. L. 99662 Nov. 17, 1986 100 Stat. 4082 section 2201 of this title The River and Harbor Act of 1960, referred to in subsecs. (b)(1)(E) and (c), is Pub. L. 86645, title I July 14, 1960 74 Stat. 480 The Act of August 13, 1946 act Aug. 13, 1946, ch. 960 60 Stat. 1056 Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 2018Subsec. (e). Pub. L. 115270 Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121 section 2201 of this title  2268. Marine technology review (a) Dredging needs The Secretary is authorized to conduct such studies as are necessary to provide a report to Congress on the dredging needs of the national ports and harbors of the United States. The report shall include existing and projected future project depths, types and sizes of ships in use, and world trade patterns, an assessment of the future national waterside infrastructure needs, and a comparison of drafts of United States and selected world ports. (b) Authorization of appropriations There is authorized to be appropriated $2,500,000 to carry out this section for fiscal years beginning after September 30, 1992 ( Pub. L. 102580, title IV,  402 Oct. 31, 1992 106 Stat. 4862  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 1992, 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 3 of Pub. L. 102580 section 2201 of this title  2269. Tribal partnership program (a) Definition of Indian tribe In this section, the term Indian tribe has the meaning given the term in section 5304 of title 25 (b) Program (1) In general In cooperation with Indian tribes and the heads of other Federal agencies, the Secretary may carry out water-related planning activities, or activities relating to the study, design, and construction of water resources development projects, that (A) will substantially benefit Indian tribes; and (B) are located primarily within Indian country (as defined in section 1151 of title 18 (2) Authorized activities An activity conducted under paragraph (1) may address (A) projects for flood 1 1 (B) watershed assessments and planning activities; (C) technical assistance to an Indian tribe, including (i) assistance for planning to ameliorate flood hazards, to avoid repetitive flood impacts, to anticipate, prepare, and adapt to changing hydrological and climatic conditions and extreme weather events, and to withstand, respond to, and recover rapidly from disruption due to flood hazards; and (ii) the provision of, and integration into planning of, hydrologic, economic, and environmental data and analyses; and (D) such other projects as the Secretary, in cooperation with Indian tribes and the heads of other Federal agencies, determines to be appropriate. (3) Feasibility study and reports (A) In general On the request of an Indian tribe, the Secretary shall conduct a study on, and provide to the Indian tribe a report describing, the feasibility of a water resources development project described in paragraph (1). (B) Recommendation A report under subparagraph (A) may, but shall not be required to, contain a recommendation on a specific water resources development project. (C) Initial costs The first $200,000 of the costs of a study under this section shall be at Federal expense. (4) Design and construction (A) In general The Secretary may carry out the design and construction of a water resources development project, or separable element of a project, described in paragraph (1) that the Secretary determines is feasible if the Federal share of the cost of the project or separable element is not more than $26,000,000. (B) Specific authorization If the Federal share of the cost of the project or separable element described in subparagraph (A) is more than $26,000,000, the Secretary may only carry out the project or separable element if Congress enacts a law authorizing the Secretary to carry out the project or separable element. (5) Project justification Notwithstanding any requirement for economic justification established under section 19622 of title 42 (A) significantly reduce potential flood or hurricane and storm damage hazards (which may be limited to hazards that may be addressed by measures for erosion mitigation or bank stabilization); (B) improve the quality of the environment; (C) reduce risks to life safety associated with the hazards described in subparagraph (A); and (D) improve the long-term viability of the community. (c) Consultation and coordination with Secretary of the Interior (1) In general In recognition of the unique role of the Secretary of the Interior concerning trust responsibilities with Indian tribes and in recognition of mutual trust responsibilities, the Secretary shall consult with the Secretary of the Interior concerning an activity conducted under subsection (b). (2) Integration of activities The Secretary shall (A) integrate civil works activities of the Department of the Army with activities of the Department of the Interior to avoid conflicts, duplications of effort, or unanticipated adverse effects on Indian tribes; and (B) consider the authorities and programs of the Department of the Interior and other Federal agencies in any recommendations concerning an activity conducted under subsection (b). (d) Cost sharing (1) Ability to pay (A) In general Any cost-sharing agreement for an activity conducted under subsection (b) shall be subject to the ability of the non-Federal interest to pay. (B) Use of procedures (i) In general The ability of a non-Federal interest to pay shall be determined by the Secretary in accordance with procedures established by the Secretary. (ii) Determination Not later than 180 days after June 10, 2014 (2) Credit The Secretary may credit toward the non-Federal share of the costs of an activity conducted under subsection (b) the cost of services, studies, supplies, or other in-kind contributions provided by the non-Federal interest. (3) Sovereign immunity The Secretary shall not require an Indian tribe to waive the sovereign immunity of the Indian tribe as a condition to entering into a cost-sharing agreement under this subsection. (4) Water resources development projects (A) In general The non-Federal share of costs for the study of a water resources development project described in subsection (b)(1) shall be 50 percent. (B) Other costs The non-Federal share of costs of design and construction of a project described in subparagraph (A) shall be assigned to the appropriate project purposes described in sections 2211 and 2213 of this title and shared in the same percentages as the purposes to which the costs are assigned. (5) Water-related planning activities (A) In general The non-Federal share of costs of a watershed and river basin assessment conducted under subsection (b) shall be 25 percent. (B) Other costs The Federal share of costs of other water-related planning activities described in subsection (b)(1) shall be 100 percent. (6) Technical assistance The Federal share of the cost of activities described in subsection (b)(2)(C) shall be 100 percent. (e) Restrictions The Secretary is authorized to carry out activities under this section for fiscal years 2015 through 2033. ( Pub. L. 106541, title II,  203 Dec. 11, 2000 114 Stat. 2588 Pub. L. 110114, title II,  2011 Nov. 8, 2007 121 Stat. 1074 Pub. L. 113121, title I,  1031(a) June 10, 2014 128 Stat. 1232 Pub. L. 114322, title I,  1121 Dec. 16, 2016 130 Stat. 1644 Pub. L. 115270, title I,  1157(i) Oct. 23, 2018 132 Stat. 3794 Pub. L. 116260, div. AA, title III,  303 Dec. 27, 2020 134 Stat. 2703 Pub. L. 117263, div. H, title LXXXI,  8111 Dec. 23, 2022 136 Stat. 3703  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 2000, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 2022Subsec. (a). Pub. L. 117263,  8111(1) section 5304 of title 25 Subsec. (b)(2)(A). Pub. L. 117263,  8111(2)(A)(i) Subsec. (b)(2)(C), (D). Pub. L. 117263,  8111(2)(A)(ii) Subsec. (b)(3)(C). Pub. L. 117263,  8111(2)(B) Subsec. (b)(4)(A). Pub. L. 117263,  8111(2)(C)(i) Subsec. (b)(4)(B). Pub. L. 117263,  8111(2)(C)(ii) Subsec. (b)(5). Pub. L. 117263,  8111(2)(D) Subsec. (d)(5)(B). Pub. L. 117263,  8111(3)(A) Subsec. (d)(6). Pub. L. 117263,  8111(3)(B) Subsec. (e). Pub. L. 117263,  8111(4) 2020Subsec. (b)(4). Pub. L. 116260 2018Subsec. (b)(4). Pub. L. 115270 (A) In general (B) Specific authorization 2016Subsec. (b)(1). Pub. L. 114322,  1121(1)(A) Subsec. (b)(2). Pub. L. 114322,  1121(1)(B) Subsec. (b)(3), (4). Pub. L. 114322,  1121(1)(C) Subsec. (c)(1). Pub. L. 114322,  1121(2)(A) Subsec. (c)(2)(B). Pub. L. 114322,  1121(2)(B) Subsec. (d)(1)(A). Pub. L. 114322,  1121(3)(A) Subsec. (d)(2) to (5). Pub. L. 114322,  1121(3)(B) 2014Subsec. (d)(1)(B). Pub. L. 113121,  1031(a)(1) Subsec. (e). Pub. L. 113121,  1031(a)(2) 2007Subsec. (b)(1). Pub. L. 110114,  2011(a)(1) Subsec. (b)(1)(B). Pub. L. 110114,  2011(a)(2) section 1151 of title 18 Subsec. (b)(2). Pub. L. 110114,  2011(a)(3) Subsec. (e). Pub. L. 110114,  2011(b) Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 106541 section 2201 of this title  2270. Subsurface drain systems research and development Subject to the availability of appropriations, the Secretary, acting through the Director of the Engineer Research and Development Center and, where appropriate, in consultation with other Federal agencies, shall carry out research and development activities relating to the use of subsurface drain systems as (1) a flood risk-reduction measure; or (2) a coastal storm risk-reduction measure. ( Pub. L. 116260, div. AA, title II,  227 Dec. 27, 2020 134 Stat. 2698  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. 116260 section 2201 of this title SUBCHAPTER V GENERAL PROVISIONS  2280. Maximum cost of projects (a) In general In order to insure against cost overruns, each total cost set forth with respect to a project for water resources development and conservation and related purposes authorized to be carried out by the Secretary in this Act or in a law enacted after the date of the enactment of this Act, including the Water Resources Development Act of 1988, or in an amendment made by this Act or any later law with respect to such a project shall be the maximum cost of that project, except that such maximum amount (1) may be increased by the Secretary for modifications which do not materially alter the scope or functions of the project as authorized, but not by more than 20 percent of the total cost stated for the project in this Act, in any later law, or in an amendment made by this Act or any later law; and (2) shall be automatically increased for (A) changes in construction costs applied to unconstructed features (including real property acquisitions, preconstruction studies, planning, engineering, and design) from the date of enactment of this Act or any later law (unless otherwise specified) as indicated by engineering and other appropriate cost indexes; and (B) additional studies, modifications, and actions (including mitigation and other environmental actions) authorized by this Act or any later law or required by changes in Federal law. (b) Contributions by non-Federal interests Notwithstanding subsection (a), in accordance with section 701h of this title ( Pub. L. 99662, title IX,  902 Nov. 17, 1986 100 Stat. 4183 Pub. L. 100676,  3(b) Nov. 17, 1988 102 Stat. 4014 Pub. L. 113121, title I,  1023 June 10, 2014 128 Stat. 1228  Editorial Notes  References in Text This Act, referred to in subsec. (a), is Pub. L. 99662 Nov. 17, 1986 100 Stat. 4082 section 2201 of this title The date of enactment of this Act, referred to in subsec. (a), is the date of enactment of Pub. L. 99662 Nov. 17, 1986 The Water Resources Development Act of 1988, referred to in subsec. (a), is Pub. L. 100676 Nov. 17, 1988 102 Stat. 4012 section 2201 of this title Amendments 2014 Pub. L. 113121 1988 Pub. L. 100676,  3(b)(1) Par. (1). Pub. L. 100676,  3(b)(2) Par. (2). Pub. L. 100676,  3(b)(3) Statutory Notes and Related Subsidiaries Continuation of Construction Pub. L. 117263, div. H, title LXXXI,  8155 Dec. 23, 2022 136 Stat. 3736  (a)  Continuation of Construction. (1)  In general Upon the transmittal of an initial notification pursuant to subsection (b)(1) with respect to a water resources development project, the Secretary [of the Army] shall not, solely on the basis of the maximum cost requirements under section 902 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2280 (A) defer the initiation or continuation of construction of the water resources development project during the covered period; or (B) terminate during or after the covered period, a contract for design or construction of the water resources development project that was entered into prior to or during the covered period. (2)  Resumption of construction The Secretary shall, upon the transmittal of an initial notification pursuant to subsection (b)(1) with respect to a water resources development project for which construction was deferred, during the period beginning on October 1, 2021 Dec. 23, 2022 33 U.S.C. 2280 (b)  Notification. (1)  Initial notification Not later than 30 days after the Chief of Engineers makes a determination that a water resources development project exceeds, or is expected to exceed, the maximum cost of the project permitted under section 902 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2280 (2)  Supplemental notification Not later than 60 days after the Chief of Engineers transmits an initial notification required under paragraph (1), the Chief shall transmit concurrently to the Secretary and to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a supplemental notification that includes, based on information available to the Corps of Engineers on the date of the supplemental notification (A) an estimate of the expected increase in the cost of the project that is in excess of the authorized maximum cost for the project; (B) a description of the reason for the increased cost of the project; and (C) the expected timeline for submission of a post-authorization change report for the project in accordance with section 1132 of the Water Resources Development Act of 2016 ( 33 U.S.C. 2282e (3)  Transmittal The notifications described in paragraphs (1) and (2) may not be delayed as a result of consideration being given to changes in policy or priority with respect to project consideration. (c)  Deferral of Construction After expiration of the covered period, the Secretary shall not enter into any new contract, or exercise any option in a contract, for construction of a water resources development project if the project exceeds the maximum cost of the project permitted under section 902 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2280 (d)  Statutory Construction Nothing in this section waives the obligation of the Secretary to 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 post-authorization change report recommending an increase in the authorized cost of a project if the project otherwise would exceed the maximum cost of the project permitted under section 902 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2280 (e)  Definition of Covered Period In this section, the term covered period means the period beginning on the date of enactment of this Act [ Dec. 23, 2022 December 31, 2024  2281. Matters to be addressed in planning (a) In general Enhancing national economic development (including benefits to particular regions of the Nation not involving the transfer of economic activity to such regions from other regions), the quality of the total environment (including preservation and enhancement of the environment), the well-being of the people of the United States, the prevention of loss of life, and the preservation of cultural and historical values shall be addressed in the formulation and evaluation of water resources projects to be carried out by the Secretary, and the associated benefits and costs, both quantifiable and unquantifiable, and information regarding potential loss of human life that may be associated with flooding and coastal storm events, shall be displayed in the benefits and costs of such projects. (b) Assessments For all feasibility reports for water resources projects completed after December 31, 2007 (1) the water resources project and each separable element is cost-effective; and (2) the water resources project complies with Federal, State, and local laws (including regulations) and public policies. ( Pub. L. 99662, title IX,  904 Nov. 17, 1986 100 Stat. 4185 Pub. L. 101640, title III,  315 Nov. 28, 1990 104 Stat. 4641 Pub. L. 104303, title II,  231 Oct. 12, 1996 110 Stat. 3704 Pub. L. 110114, title II,  2033(a) Nov. 8, 2007 121 Stat. 1084  Editorial Notes Amendments 2007 Pub. L. 110114 1996 Pub. L. 104303 1990 Pub. L. 101640 Statutory Notes and Related Subsidiaries Rural Project Evaluation and Selection Criteria Pub. L. 102580, title II,  214 Oct. 31, 1992 106 Stat. 4831 Oct. 31, 1992 Pub. L. 104316, title I,  117 Oct. 19, 1996 110 Stat. 3835  2281a. Tribal Liaison (a) In general Beginning not later than 1 year after December 23, 2022 (b) Duties Each Tribal Liaison shall make recommendations to the applicable District Commander regarding, and be responsible for (1) removing barriers to access to, and participation in, Corps of Engineers programs for Tribal communities, including by improving implementation of section 2213(m) of this title (2) improving outreach to, and engagement with, Tribal communities about relevant Corps of Engineers programs and services; (3) identifying and engaging with Tribal communities suffering from water resources challenges; (4) improving, expanding, and facilitating government-to-government consultation between Tribal communities and the Corps of Engineers; (5) coordinating and implementing all relevant Tribal consultation policies and associated guidelines, including the requirements of section 2356 of title; (6) training and tools to facilitate the ability of Corps of Engineers staff to effectively engage with Tribal communities in a culturally competent manner, especially in regards to lands of ancestral, historic, or cultural significance to a Tribal community, including burial sites; and (7) such other issues identified by the Secretary. (c) Uniformity Not later than 120 days after December 23, 2022 (1) a position description for Tribal Liaisons; and (2) required qualifications for Tribal Liaisons, including experience and expertise relating to Tribal communities and water resource issues. (d) Funding Funding for the position of Tribal Liaison shall be allocated from the budget line item provided for the expenses necessary for the supervision and general administration of the civil works program, and filling the position shall not be dependent on any increase in this budget line item. (e) Definitions In this section: (1) Tribal community The term Tribal community means a community of people who are recognized and defined under Federal law as indigenous people of the United States. (2) Tribal Liaison The term Tribal Liaison means a permanent employee of a Corps of Engineers district whose primary responsibilities are to (A) serve as a direct line of communication between the District Commander and the Tribal communities within the boundaries of the Corps of Engineers district; and (B) ensure consistency in government-to-government relations. ( Pub. L. 117263, div. H, title LXXXI,  8112 Dec. 23, 2022 136 Stat. 3704  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 2022, and also as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, 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 8002 of Pub. L. 117263 section 2201 of this title  2281b. Corps of Engineers support for underserved communities; outreach (a) In general It is the policy of the United States for the Corps of Engineers to strive to understand and accommodate and, in coordination with non-Federal interests, seek to address the water resources development needs of all communities in the United States. (b) Outreach and access (1) In general The Secretary shall, at Federal expense, develop, support, and implement public awareness, education, and regular outreach and engagement efforts for potential non-Federal interests with respect to the water resources development authorities of the Secretary, with particular emphasis on (A) technical service programs, including the authorities under (i)  section 709a of this title (ii)  section 1962d16 of title 42 (iii)  section 2269 of this title (B) continuing authority programs, as such term is defined in section 2282d(c)(1)(D) of this title (2) Implementation In carrying out this subsection, the Secretary shall (A) develop and make publicly available (including on a publicly available website), technical assistance materials, guidance, and other information with respect to the water resources development authorities of the Secretary; (B) establish and make publicly available (including on a publicly available website), an appropriate point of contact at each district and division office of the Corps of Engineers for inquiries from potential non-Federal interests relating to the water resources development authorities of the Secretary; (C) conduct regular outreach and engagement, including through hosting seminars and community information sessions, with local elected officials, community organizations, and previous and potential non-Federal interests, on opportunities to address local water resources challenges through the water resources development authorities of the Secretary; (D) issue guidance for, and provide technical assistance through technical service programs to, non-Federal interests to assist such interests in pursuing technical services and developing proposals for water resources development projects; and (E) provide, at the request of a non-Federal interest, assistance with researching and identifying existing project authorizations or authorities to address local water resources challenges. (3) Prioritization In carrying out this subsection, the Secretary shall, to the maximum extent practicable, prioritize awareness, education, and outreach and engagement to economically disadvantaged communities (as defined by the Secretary under section 160 of the Water Resources Development Act of 2020 ( 33 U.S.C. 2201 (4) Authorization of appropriations There is authorized to be appropriated to carry out this section $30,000,000 for each fiscal year. ( Pub. L. 117263, div. H, title LXXXI,  8117 Dec. 23, 2022 136 Stat. 3709  Editorial Notes  References in Text Section 160 of the Water Resources Development Act of 2020, referred to in subsec. (b)(3), is section 160 of div. AA of Pub. L. 116260 section 2201 of this title Codification Section was enacted as part of the Water Resources Development Act of 2022, and also as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Statutory Notes and Related Subsidiaries Tribal and Economically Disadvantaged Communities Advisory Committee Pub. L. 117263, div. H, title LXXXI,  8115 Dec. 23, 2022 136 Stat. 3707  (a)  Establishment Not later than 90 days after the date of enactment of this Act [ Dec. 23, 2022 (b)  Membership The Committee shall be composed of members, appointed by the Secretary, who have the requisite experiential or technical knowledge needed to address issues related to the water resources needs and challenges of economically disadvantaged communities and Indian Tribes, including (1) 5 individuals representing organizations with expertise in environmental policy, rural water resources, economically disadvantaged communities, Tribal rights, or civil rights; and (2) 5 individuals, each representing a non-Federal interest for a Corps of Engineers project. (c)  Duties. (1)  Recommendations The Committee shall provide advice and make recommendations to the Secretary and the Chief of Engineers to assist the Corps of Engineers in (A) efficiently and effectively delivering solutions to the needs and challenges of water resources development projects for economically disadvantaged communities and Indian Tribes; (B) integrating consideration of economically disadvantaged communities and Indian Tribes, where applicable, in the development of water resources development projects and programs of the Corps of Engineers; and (C) improving the capability and capacity of the workforce of the Corps of Engineers to assist economically disadvantaged communities and Indian Tribes. (2)  Meetings The Committee shall meet as appropriate to develop and make recommendations under paragraph (1). (3)  Report Recommendations made under paragraph (1) shall be (A) included in a report submitted to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and (B) made publicly available, including on a publicly available website. (d)  Independent Judgment Any recommendation made by the Committee to the Secretary and the Chief of Engineers under subsection (c)(1) shall reflect the independent judgment of the Committee. (e)  Administration. (1)  Compensation Except as provided in paragraph (3), the members of the Committee shall serve without compensation. (2)  Travel expenses The members of the Committee shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (3)  Treatment The members of the Committee shall not be considered to be Federal employees, and the meetings and reports of the Committee shall not be considered a major Federal action under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (f)  Definitions In this section: (1)  Committee The term Committee means the Tribal and Economically Disadvantaged Communities Advisory Committee established under subsection (a). (2)  Economically disadvantaged community The term economically disadvantaged community has the meaning given the term as defined by the Secretary under section 160 of the Water Resources Development Act of 2020 [div. AA of Pub. L. 116260 33 U.S.C. 2201 (3)  Indian tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304  Secretary Defined Secretary means the Secretary of the Army, see section 8002 of Pub. L. 117263 section 2201 of this title  2282. Feasibility reports (a) Preparation of reports (1) In general In the case of any water resources project-related study authorized to be undertaken by the Secretary that results in recommendations concerning a project or the operation of a project and that requires specific authorization by Congress in law or otherwise, the Secretary shall prepare a feasibility report, subject to section 2215 of this title (2) Contents of feasibility reports A feasibility report shall describe, with reasonable certainty, the economic, environmental, and social benefits and detriments of the recommended plan and alternative plans considered by the Secretary and the engineering features (including hydrologic and geologic information), the public acceptability, and the purposes, scope, and scale of the recommended plan. A feasibility report shall also include the views of other Federal agencies and non-Federal agencies with regard to the recommended plan, a description of a nonstructural alternative to the recommended plan when such plan does not have significant nonstructural features, and a description of the Federal and non-Federal participation in such plan, and shall demonstrate that States, other non-Federal interests, and Federal agencies have been consulted in the development of the recommended plan. A feasibility report shall include a preliminary analysis of the Federal interest and the costs, benefits, and environmental impacts of the project. (3) Applicability This subsection shall not apply to (A) any study with respect to which a report has been submitted to Congress before November 17, 1986 (B) any study for a project, which project is authorized for construction by this Act and is not subject to section 903(b); 1 1 (C) any study for a project which does not require specific authorization by Congress in law or otherwise; and (D) general studies not intended to lead to recommendation of a specific water resources project. (4) Feasibility report defined In this subsection, the term feasibility report means each feasibility report, and any associated environmental impact statement and mitigation plan, prepared by the Corps of Engineers for a water resources project. The term includes a project implementation report prepared under title VI of the Water Resources Development Act of 2000 ( 114 Stat. 26802694 (b) Federal interest determination (1) In general (A) Economically disadvantaged communities In preparing a feasibility report under subsection (a) for a study that will benefit an economically disadvantaged community, upon request by the non-Federal interest for the study, the Secretary shall first determine the Federal interest in carrying out the study and the projects that may be proposed in the study. (B) Other communities In preparing a feasibility report under subsection (a) for a study that will benefit a community other than a community described in subparagraph (A), upon request by the non-Federal interest for the study, the Secretary may, with respect to not more than 20 studies in each fiscal year, first determine the Federal interest in carrying out the study and the projects that may be proposed in the study. (2) Cost share The costs of a determination under paragraph (1) (A) shall be at Federal expense; and (B) shall not exceed $200,000. (3) Deadline A determination under paragraph (1) shall be completed by not later than 120 days after the date on which funds are made available to the Secretary to carry out the determination. (4) Treatment (A) Timing The period during which a determination is being completed under paragraph (1) for a study shall not be included for purposes of the deadline to complete a final feasibility report under section 2282c(a)(1) of this title (B) Cost The cost of a determination under paragraph (1) shall not be included for purposes of the maximum Federal cost under section 2282c(a)(2) of this title (5) Report to non-Federal interest If, based on a determination under paragraph (1), the Secretary determines that a study or project is not in the Federal interest because the project will not result, or is unlikely to result, in a recommended plan that will produce national economic development benefits greater than cost, but may result in a technically sound and environmentally acceptable plan that is otherwise consistent with section 2281 of this title (c) Projects not specifically authorized by Congress In the case of any water resources project-related study authorized to be undertaken by the Secretary without specific authorization by Congress in law or otherwise, the Secretary shall prepare a detailed project report. (d) Indian tribes For purposes of studies undertaken pursuant to this section, the Secretary is authorized to consider benefits which may accrue to Indian tribes as a result of a project resulting from such a study. (e) Standard and uniform procedures and practices The Secretary shall undertake such measures as are necessary to ensure that standard and uniform procedures and practices are followed by each district office (and each division office for any area in which there is no district office) of the United States Army Corps of Engineers in the preparation of feasibility reports on water resources projects. (f) Enhanced public participation (1) In general The Secretary shall establish procedures to enhance public participation in the development of each feasibility study under subsection (a), including, if appropriate, establishment of a stakeholder advisory group to assist the Secretary with the development of the study. (2) Membership If the Secretary provides for the establishment of a stakeholder advisory group under this subsection, the membership of the advisory group shall include balanced representation of social, economic, and environmental interest groups, and such members shall serve on a voluntary, uncompensated basis. (3) Limitation Procedures established under this subsection shall not delay development of any feasibility study under subsection (a). (g) Detailed project schedule (1) In general Not later than 180 days after June 10, 2014 (2) Detailed project schedule milestones Each District Engineer shall, to the maximum extent practicable, establish a detailed project schedule, based on full funding capability, that lists all deadlines for milestones relating to feasibility studies in the District developed by the Secretary under paragraph (1). (3) Non-Federal interest notification Each District Engineer shall submit by certified mail the detailed project schedule under paragraph (2) to each relevant non-Federal interest (A) for projects that have received funding from the General Investigations Account of the Corps of Engineers in the period beginning on October 1, 2009 June 10, 2014 (B) for projects for which a feasibility cost-sharing agreement is executed after the establishment of milestones under paragraph (1), not later than 90 days after the date on which the agreement is executed. (4) Congressional and public notification Beginning in the first full fiscal year after June 10, 2014 (A) submit an annual report that lists all detailed project schedules under paragraph (2) and an explanation of any missed deadlines to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and (B) make publicly available, including on the Internet, a copy of the annual report described in subparagraph (A) not later than 14 days after date 2 2 (5) Failure to act If a District Engineer fails to meet any of the deadlines in the project schedule under paragraph (2), the District Engineer shall (A) not later than 30 days after each missed deadline, submit to the non-Federal interest a report detailing (i) why the District Engineer failed to meet the deadline; and (ii) a revised project schedule reflecting amended deadlines for the feasibility study; and (B) not later than 30 days after each missed deadline, make publicly available, including on the Internet, a copy of the amended project schedule described in subparagraph (A)(ii). ( Pub. L. 99662, title IX,  905 Nov. 17, 1986 100 Stat. 4185 Pub. L. 106541, title II,  222(a) Dec. 11, 2000 114 Stat. 2597 Pub. L. 110114, title II,  2043(b) Nov. 8, 2007 121 Stat. 1101 Pub. L. 113121, title I,  1002(a) June 10, 2014 128 Stat. 1198 Pub. L. 116260, div. AA, title I,  117 Dec. 27, 2020 134 Stat. 2628 Pub. L. 117263, div. H, title LXXXI,  8156 Dec. 23, 2022 136 Stat. 3738  Editorial Notes  References in Text This Act, referred to in subsec. (a)(3)(B), is Pub. L. 99662 Nov. 17, 1986 100 Stat. 4082 section 2201 of this title Section 903(b), referred to in subsec. (a)(3)(B), is section 903(b) of Pub. L. 99662 Nov. 17, 1986 100 Stat. 4184 The Water Resources Development Act of 2000, referred to in subsec. (a)(4), is Pub. L. 106541 Dec. 11, 2000 114 Stat. 2572 section 2201 of this title Amendments 2022Subsec. (b)(1)(B). Pub. L. 117263 2020Subsec. (b). Pub. L. 116260 Pub. L. 113121, title I,  1002(a)(1) 2014Subsec. (a)(1). Pub. L. 113121,  1002(a)(2) Subsec. (a)(2). Pub. L. 113121,  1002(b) Subsec. (b). Pub. L. 113121,  1002(a)(1) Subsec. (g). Pub. L. 113121,  1002(c) 2007Subsec. (a). Pub. L. 110114,  2043(b)(1) November 17, 1986 33 U.S.C. 701s August 28, 1946 33 U.S.C. 701r 33 U.S.C. 577 August 13, 1946 33 U.S.C. 426g 33 U.S.C. 426i Subsec. (b). Pub. L. 110114,  2043(b)(2)(A) Subsecs. (c) to (f). Pub. L. 110114,  2043(b)(2)(B) 2000Subsec. (e). Pub. L. 106541 Statutory Notes and Related Subsidiaries Summary of Analysis Pub. L. 116260, div. AA, title I,  116(b) Dec. 27, 2020 134 Stat. 2628 To the maximum extent practicable, the Secretary [of the Army] shall include in each feasibility report developed under section 905 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282 Natural Infrastructure Pub. L. 115270, title I,  1149(c) Oct. 23, 2018 132 Stat. 3787 Pub. L. 116260, div. AA, title I,  116(a) Dec. 27, 2020 134 Stat. 2627 In carrying out a feasibility report developed under section 905 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282 32 U.S.C. 2289a Continuation of Studies Pub. L. 113121, title I,  1002(d) June 10, 2014 128 Stat. 1199 The Secretary [of the Army] shall continue to carry out a study for which a reconnaissance level investigation has been initiated before the date of enactment of this Act [ June 10, 2014 Expedited Completion of Reports Pub. L. 113121, title I,  1003 June 10, 2014 128 Stat. 1199  The Secretary [of the Army] shall (1) expedite the completion of any on-going feasibility study for a project initiated before the date of enactment of this Act [ June 10, 2014 (2) if the Secretary determines that the project is justified in a completed report, proceed directly to preconstruction planning, engineering, and design of the project in accordance with section 910 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2287 National Academy of Sciences Study Pub. L. 106541, title II,  216 Dec. 11, 2000 114 Stat. 2595  (a)  Definitions In this section, the following definitions apply: (1)  Academy The term Academy means the National Academy of Sciences. (2)  Method The term method means a method, model, assumption, or other pertinent planning tool used in conducting an economic or environmental analysis of a water resources project, including the formulation of a feasibility report. (3)  Feasibility report The term feasibility report means each feasibility report, and each associated environmental impact statement and mitigation plan, prepared by the Corps of Engineers for a water resources project. (4)  Water resources project The term water resources project means a project for navigation, a project for flood control, a project for hurricane and storm damage reduction, a project for emergency streambank and shore protection, a project for ecosystem restoration and protection, and a water resources project of any other type carried out by the Corps of Engineers. (b)  Independent Peer Review of Projects. (1)  In general Not later than 90 days after the date of enactment of this Act [ Dec. 11, 2000 (2)  Study elements In carrying out a contract under paragraph (1), the Academy shall study the practicality and efficacy of the independent peer review of the feasibility reports, including (A) the cost, time requirements, and other considerations relating to the implementation of independent peer review; and (B) objective criteria that may be used to determine the most effective application of independent peer review to feasibility reports for each type of water resources project. (3)  Academy report Not later than 1 year after the date of a contract under paragraph (1), the Academy shall submit to the Secretary, 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 (A) the results of the study conducted under paragraphs (1) and (2); and (B) in light of the results of the study, specific recommendations, if any, on a program for implementing independent peer review of feasibility reports. (4)  Authorization of appropriations There is authorized to be appropriated to carry out this subsection $1,000,000, to remain available until expended. (c)  Independent Peer Review of Methods for Project Analysis. (1)  In general Not later than 90 days after the date of enactment of this Act [ Dec. 11, 2000 (A) a review of state-of-the-art methods; (B) a review of the methods currently used by the Secretary; (C) a review of a sample of instances in which the Secretary has applied the methods identified under subparagraph (B) in the analysis of each type of water resources project; and (D) a comparative evaluation of the basis and validity of state-of-the-art methods identified under subparagraph (A) and the methods identified under subparagraphs (B) and (C). (2)  Academy report Not later than 1 year after the date of a contract under paragraph (1), the Academy shall transmit to the Secretary, 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 (A) the results of the study conducted under paragraph (1); and (B) in light of the results of the study, specific recommendations for modifying any of the methods currently used by the Secretary for conducting economic and environmental analyses of water resources projects. (3)  Authorization of appropriations There is authorized to be appropriated to carry out this subsection $2,000,000. Such sums shall remain available until expended. Engineering Consulting Services Pub. L. 106541, title II,  219 Dec. 11, 2000 114 Stat. 2596 In conducting a feasibility study for a water resources project, the Secretary [of the Army], to the maximum extent practicable, should not employ a person for engineering and consulting services if the same person is also employed by the non-Federal interest for such services unless there is only 1 qualified and responsive bidder for such services.  Definitions For definition of economically disadvantaged community as used in subsec. (b) of this section, see section 160 of div. AA of Pub. L. 116260 section 2201 of this title  2282a. Planning (a) Omitted (b) Planning process improvements The Chief of Engineers (1) shall adopt a risk analysis approach to project cost estimates for water resources projects; and (2) not later than one year after November 8, 2007 (A) issue procedures for risk analysis for cost estimation for water resources projects; and (B) submit to Congress a report that includes any recommended amendments to section 2280 of this title (c) Benchmarks (1) In general Not later than 12 months after November 8, 2007 42 U.S.C. 4321 (2) Benchmark goals The Chief of Engineers shall establish, to the extent practicable, under paragraph (1) benchmark goals for completion of feasibility studies for water resources projects generally within 2 years. In the case of feasibility studies that the Chief of Engineers determines may require additional time based on the project type, size, cost, or complexity, the benchmark goal for completion shall be generally within 4 years. (d) Calculation of benefits and costs for flood damage reduction projects A feasibility study for a project for flood damage reduction shall include, as part of the calculation of benefits and costs (1) a calculation of the residual risk of flooding following completion of the proposed project; (2) a calculation of the residual risk of loss of human life and residual risk to human safety following completion of the proposed project; (3) a calculation of any upstream or downstream impacts of the proposed project; and (4) calculations to ensure that the benefits and costs associated with structural and nonstructural alternatives are evaluated in an equitable manner. (e) Centers of specialized planning expertise (1) Establishment The Secretary may establish centers of expertise to provide specialized planning expertise for water resources projects to be carried out by the Secretary in order to enhance and supplement the capabilities of the districts of the Corps of Engineers. (2) Duties A center of expertise established under this subsection shall (A) provide technical and managerial assistance to district commanders of the Corps of Engineers for project planning, development, and implementation; (B) provide agency peer reviews of new major scientific, engineering, or economic methods, models, or analyses that will be used to support decisions of the Secretary with respect to feasibility studies for water resources projects; (C) provide support for independent peer review panels under section 2343 of this title (D) carry out such other duties as are prescribed by the Secretary. (3) Deep draft navigation planning center of expertise (A) In general The Secretary shall consolidate deep draft navigation expertise within the Corps of Engineers into a deep draft navigation planning center of expertise. (B) List Not later than 60 days after the date of the consolidation required under subparagraph (A), 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 list of the grade levels and expertise of each of the personnel assigned to the center described in subparagraph (A). (f) Completion of Corps of Engineers reports (1) Alternatives (A) In general Feasibility and other studies and assessments for a water resources project shall include recommendations for alternatives (i) that, as determined in coordination with the non-Federal interest for the project, promote integrated water resources management; and (ii) for which the non-Federal interest is willing to provide the non-Federal share for the studies or assessments. (B) Constraints The alternatives contained in studies and assessments described in subparagraph (A) shall not be constrained by budgetary or other policy. (C) Reports of Chief of Engineers The reports of the Chief of Engineers shall identify any recommendation that is not the best technical solution to water resource needs and problems and the reason for the deviation. (2) Report completion The completion of a report of the Chief of Engineers for a water resources project (A) shall not be delayed while consideration is being given to potential changes in policy or priority for project consideration; and (B) shall be submitted, on completion, to (i) the Committee on Environment and Public Works of the Senate; and (ii) the Committee on Transportation and Infrastructure of the House of Representatives. (g) Completion review (1) In general Except as provided in paragraph (2), not later than 120 days after the date of completion of a report of the Chief of Engineers that recommends to Congress a water resources project, the Secretary shall (A) review the report; and (B) provide any recommendations of the Secretary regarding the water resources project to Congress. (2) Prior reports Not later than 180 days after November 8, 2007 November 8, 2007 ( Pub. L. 110114, title II,  2033 Nov. 8, 2007 121 Stat. 1084 Pub. L. 113121, title II,  2103 June 10, 2014 128 Stat. 1278  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsec. (c)(1), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 Codification Section is comprised of section 2033 of Pub. L. 110114 section 2033 of Pub. L. 110114 section 2281 of this title Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 2014Subsec. (e)(3). Pub. L. 113121 Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 110114 section 2201 of this title  2282b. Submission of reports to Congress  Beginning on January 17, 2014 ( Pub. L. 11376, div. D, title I,  104 Jan. 17, 2014 128 Stat. 157  Editorial Notes Codification Section was enacted as part of the Energy and Water Development and Related Agencies Appropriations Act, 2014, and also as part of the Consolidated Appropriations Act, 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.  2282c. Vertical integration and acceleration of studies (a) In general To the extent practicable, a feasibility study initiated by the Secretary, after June 10, 2014 section 2282(a) of this title (1) result in the completion of a final feasibility report not later than 3 years after the date of initiation; (2) have a maximum Federal cost of $3,000,000; and (3) ensure that personnel from the district, division, and headquarters levels of the Corps of Engineers concurrently conduct the review required under that section. (b) Extension If the Secretary determines that a feasibility study described in subsection (a) will not be conducted in accordance with subsection (a), the Secretary, not later than 30 days after the date of making the determination, shall (1) prepare an updated feasibility study schedule and cost estimate; (2) notify the non-Federal feasibility cost-sharing partner that the feasibility study has been delayed; and (3) provide written notice to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives as to the reasons the requirements of subsection (a) are not attainable. (c) Exception (1) In general The Secretary may extend the timeline of a study by a period not to exceed 3 years, if the Secretary determines that the feasibility study is too complex to comply with the requirements of subsection (a). (2) Factors In making a determination that a study is too complex to comply with the requirements of subsection (a), the Secretary shall consider (A) the type, size, location, scope, and overall cost of the project; (B) whether the project will use any innovative design or construction techniques; (C) whether the project will require significant action by other Federal, State, or local agencies; (D) whether there is significant public dispute as to the nature or effects of the project; and (E) whether there is significant public dispute as to the economic or environmental costs or benefits of the project. (3) Notification Each time the Secretary makes a determination under this subsection, the Secretary shall provide written notice to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives as to the results of that determination, including an identification of the specific 1 or more factors used in making the determination that the project is complex. (d) Reviews Not later than 90 days after the date of the initiation of a study described in subsection (a) for a project, the Secretary shall (1) take all steps necessary to initiate the process for completing federally mandated reviews that the Secretary is required to complete as part of the study, including the environmental review process under section 1005; (2) convene a meeting of all Federal, tribal, and State agencies identified under section 2348(e) of this title (3) take all steps necessary to provide information that will enable required reviews and analyses related to the project to be conducted by other agencies in a thorough and timely manner. (e) Interim report Not later than 18 months after June 10, 2014 (1) the status of the implementation of the planning process under this section, including the number of participating projects; (2) a review of project delivery schedules, including a description of any delays on those studies participating in the planning process under this section; and (3) any recommendations for additional authority necessary to support efforts to expedite the feasibility study process for water resource projects. (f) Final report Not later than 4 years after June 10, 2014 (1) the status of the implementation of this section, including a description of each feasibility study subject to the requirements of this section; (2) the amount of time taken to complete each feasibility study; and (3) any recommendations for additional authority necessary to support efforts to expedite the feasibility study process, including an analysis of whether the limitation established by subsection (a)(2) needs to be adjusted to address the impacts of inflation. ( Pub. L. 113121, title I,  1001 June 10, 2014 128 Stat. 1196 Pub. L. 115270, title I,  1330(b) Oct. 23, 2018 132 Stat. 3827 Pub. L. 116260, div. AA, title III,  360(c) Dec. 27, 2020 134 Stat. 2733  Editorial Notes  References in Text Section 1005, referred to in subsec. (d)(1), is section 1005 of Pub. L. 113121 section 2349 of this title section 2348 of this title Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 2020Subsec. (c). Pub. L. 116260,  360(c)(2) Subsec. (d). Pub. L. 116260,  360(c)(2) Subsec. (d)(1). Pub. L. 116260,  360(c)(1)(A) Subsec. (d)(2). Pub. L. 116260,  360(c)(1)(B) Subsec. (d)(4). Pub. L. 116260,  360(c)(1)(C) Subsecs. (e) to (g). Pub. L. 116260,  360(c)(2) 2018Subsec. (d)(4). Pub. L. 115270 Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121 section 2201 of this title  2282d. Annual report to Congress (a) In general Not later than February 1 of each year, the Secretary shall develop and 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 annual report, to be entitled Report to Congress on Future Water Resources Development, that identifies the following: (1) Feasibility reports Each feasibility report that meets the criteria established in subsection (c)(1)(A). (2) Proposed feasibility studies Any proposed feasibility study submitted to the Secretary by a non-Federal interest pursuant to subsection (b) that meets the criteria established in subsection (c)(1)(A). (3) Proposed modifications Any proposed modification to an authorized water resources development project or feasibility study that meets the criteria established in subsection (c)(1)(A) that (A) is submitted to the Secretary by a non-Federal interest pursuant to subsection (b); or (B) is identified by the Secretary for authorization. (4) Programmatic modifications Any programmatic modification for an environmental infrastructure assistance program. (b) Requests for proposals (1) Publication Not later than May 1 of each year, the Secretary shall publish in the Federal Register a notice requesting proposals from non-Federal interests for proposed feasibility studies, proposed modifications to authorized water resources development projects and feasibility studies, and proposed modifications for an environmental infrastructure program to be included in the annual report. (2) Deadline for requests The Secretary shall include in each notice required by this subsection a requirement that non-Federal interests submit to the Secretary any proposals described in paragraph (1) by not later than 120 days after the date of publication of the notice in the Federal Register in order for the proposals to be considered for inclusion in the annual report. (3) Notification On the date of publication of each notice required by this subsection, the Secretary shall (A) make the notice publicly available, including on the Internet; and (B) provide written notification of the publication to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (c) Contents (1) Feasibility reports, proposed feasibility studies, and proposed modifications (A) Criteria for inclusion in report The Secretary shall include in the annual report only those feasibility reports, proposed feasibility studies, and proposed modifications to authorized water resources development projects and feasibility studies that (i) are related to the missions and authorities of the Corps of Engineers; (ii) require specific congressional authorization, including by an Act of Congress; (iii) have not been congressionally authorized; (iv) have not been included in any previous annual report; and (v) if authorized, could be carried out by the Corps of Engineers. (B) Description of benefits (i) Description The Secretary shall describe in the annual report, to the extent applicable and practicable, for each proposed feasibility study and proposed modification to an authorized water resources development project or feasibility study included in the annual report, the benefits, as described in clause (ii), of each such study or proposed modification (including the water resources development project that is the subject of the proposed feasibility study or the proposed modification to an authorized feasibility study). (ii) Benefits The benefits (or expected benefits, in the case of a proposed feasibility study) described in this clause are benefits to (I) the protection of human life and property; (II) improvement to transportation; (III) the national, regional, or local economy; (IV) the environment; or (V) the national security interests of the United States. (C) Identification of other factors The Secretary shall identify in the annual report, to the extent practicable (i) for each proposed feasibility study included in the annual report, the non-Federal interest that submitted the proposed feasibility study pursuant to subsection (b); and (ii) for each proposed feasibility study and proposed modification to an authorized water resources development project or feasibility study included in the annual report, whether the non-Federal interest has demonstrated (I) that local support exists for the proposed feasibility study or proposed modification to an authorized water resources development project or feasibility study (including the water resources development project that is the subject of the proposed feasibility study or the proposed modification to an authorized feasibility study); and (II) the financial ability to provide the required non-Federal cost share. (D) Modifications of projects carried out pursuant to continuing authority programs (i) In general With respect to a project being carried out pursuant to a continuing authority program for which a proposed modification is necessary because the project is projected to exceed, in the coming fiscal year, the maximum Federal cost of the project, the Secretary shall include a proposed modification in the annual report if the proposed modification will result in completion of construction the 1 1 (ii) Inclusion For each proposed modification included in an annual report under clause (i), the Secretary shall include in the annual report (I) a justification of why the modification is necessary; (II) an estimate of the total cost and timeline required to complete construction of the project; and (III) an indication of continued support by the non-Federal interest and the financial ability of the non-Federal interest to provide the required cost-share. (iii) Definition For the purposes of this subparagraph, the term continuing authority program means any of (I)  section 701r of this title (II)  section 426g of this title (III)  section 577 of this title (IV)  section 426i of this title (V)  section 2326 of this title (VI)  section 701s of this title (VII)  section 2330 of this title (VIII)  section 701g of this title (IX)  section 2309a of this title (2) Transparency The Secretary shall include in the annual report, for each feasibility report, proposed feasibility study, and proposed modification to an authorized water resources development project or feasibility study included under paragraph (1)(A) (A) the name of the associated non-Federal interest, including the name of any non-Federal interest that has contributed, or is expected to contribute, a non-Federal share of the cost of (i) the feasibility report; (ii) the proposed feasibility study; (iii) the authorized feasibility study for which the modification is proposed; or (iv) construction of (I) the water resources development project that is the subject of (aa) the feasibility report; (bb) the proposed feasibility study; or (cc) the authorized feasibility study for which a modification is proposed; or (II) the proposed modification to an authorized water resources development project; (B) a letter or statement of support for the feasibility report, proposed feasibility study, or proposed modification to an authorized water resources development project or feasibility study from each associated non-Federal interest; (C) the purpose of the feasibility report, proposed feasibility study, or proposed modification to an authorized water resources development project or feasibility study; (D) an estimate, to the extent practicable, of the Federal, non-Federal, and total costs of (i) the proposed modification to an authorized feasibility study; and (ii) construction of (I) the water resources development project that is the subject of (aa) the feasibility report; or (bb) the authorized feasibility study for which a modification is proposed, with respect to the change in costs resulting from such modification; or (II) the proposed modification to an authorized water resources development project; and (E) an estimate, to the extent practicable, of the monetary and nonmonetary benefits of (i) the water resources development project that is the subject of (I) the feasibility report; or (II) the authorized feasibility study for which a modification is proposed, with respect to the benefits of such modification; or (ii) the proposed modification to an authorized water resources development project. (3) Certification The Secretary shall include in the annual report a certification stating that each feasibility report, proposed feasibility study, and proposed modification to an authorized water resources development project or feasibility study included in the annual report meets the criteria established in paragraph (1)(A). (4) Appendix (A) In general The Secretary shall include in the annual report an appendix listing the proposals submitted under subsection (b) that were not included in the annual report under paragraph (1)(A) and a description of why the Secretary determined that those proposals did not meet the criteria for inclusion under such paragraph. (B) Limitation In carrying out the activities described in this section (i) the Secretary shall not include proposals in the appendix of the annual report that otherwise meet the criteria for inclusion in the annual report solely on the basis of the Secretarys determination that the proposal requires legislative changes to an authorized water resources development project, feasibility study, or environmental infrastructure program; (ii) the Secretary shall not include proposals in the appendix of the annual report that otherwise meet the criteria for inclusion in the annual report solely on the basis that the proposals are for the purposes of navigation, flood risk management, ecosystem restoration, or municipal or agricultural water supply; and (iii) the Secretary shall not include proposals in the appendix of the annual report that otherwise meet the criteria for inclusion in the annual report solely on the basis of a policy of the Secretary. (d) Programmatic modifications in annual report The Secretary shall include in the annual report only proposed modifications for an environmental infrastructure assistance program that have not been included in any previous annual report. For each proposed modification, the Secretary shall include a letter or statement of support for the proposed modification from each associated non-Federal interest, description of assistance provided, and total Federal cost of assistance provided. (e) Special rule for initial annual report Notwithstanding any other deadlines required by this section, the Secretary shall (1) not later than 60 days after June 10, 2014 (2) include in such notice a requirement that non-Federal interests submit to the Secretary any proposals described in subsection (b)(1) by not later than 120 days after the date of publication of such notice in the Federal Register in order for such proposals to be considered for inclusion in the first annual report developed by the Secretary under this section. (f) Publication Upon submission of an annual report to Congress, the Secretary shall make the annual report publicly available, including through publication on the Internet. (g) Definitions In this section: (1) Annual report The term annual report means a report required by subsection (a). (2) Feasibility report (A) In general The term feasibility report means a final feasibility report developed under section 2282 of this title (B) Inclusions The term feasibility report includes (i) a report described in section 2215(d)(2) of this title (ii) where applicable, any associated report of the Chief of Engineers. (3) Feasibility study The term feasibility study has the meaning given that term in section 2215 of this title (4) Non-Federal interest The term non-Federal interest has the meaning given that term in section 1962d5b of title 42 (5) Water resources development project The term water resources development project includes a project under an environmental infrastructure assistance program. ( Pub. L. 113121, title VII,  7001 June 10, 2014 128 Stat. 1360 Pub. L. 114322, title I,  1157(b) Dec. 16, 2016 130 Stat. 1666 Pub. L. 115270, title I,  1332(a) Oct. 23, 2018 132 Stat. 3834 Pub. L. 116260, div. AA, title I,  127(a) Dec. 27, 2020 134 Stat. 2640  Editorial Notes Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 2020Subsec. (c)(1)(B)(ii)(III). Pub. L. 116260,  127(a)(1)(A)(i) Subsec. (c)(1)(D). Pub. L. 116260,  127(a)(1)(A)(ii) Subsec. (c)(4)(B)(ii), (iii). Pub. L. 116260,  127(a)(1)(B) Subsec. (g)(5). Pub. L. 116260,  127(a)(2) December 16, 2016 2018Subsec. (a)(4). Pub. L. 115270,  1332(a)(1) Subsec. (b)(1). Pub. L. 115270,  1332(a)(2) Subsec. (c)(4). Pub. L. 115270,  1332(a)(5) Subsecs. (d) to (g). Pub. L. 115270,  1332(a)(3) 2016Subsec. (f)(5). Pub. L. 114322 Statutory Notes and Related Subsidiaries Over-Budget Cap Programs Pub. L. 116260, div. AA, title I,  127(b) Dec. 27, 2020 134 Stat. 2642 For any project carried out under a continuing authority program, as such term is defined in section 7001(c)(1)(D) of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2282d 33 U.S.C. 2215 Annual Report on Status of Feasibility Studies Pub. L. 116260, div. AA, title I,  127(c) Dec. 27, 2020 134 Stat. 2642 Concurrent with each report submitted under section 7001 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2282d Dissemination of Information Pub. L. 115270, title I,  1104 Oct. 23, 2018 132 Stat. 3771 Pub. L. 116260, div. AA, title II,  229 Dec. 27, 2020 134 Stat. 2698  (a)  Findings Congress finds the following: (1) Congress plays a central role in identifying, prioritizing, and authorizing vital water resources infrastructure activities throughout the United States. (2) The Water Resources Reform and Development Act of 2014 ( Public Law 113121 (3) Section 7001 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2282d (A) publish a notice in the Federal Register that requests from non-Federal interests proposed feasibility studies and proposed modifications to authorized water resources development projects and feasibility studies for inclusion in the report; and (B) review the proposals submitted and include in the report those proposed feasibility studies and proposed modifications that meet the criteria for inclusion established under such section 7001. (4) Congress will use the information provided in the annual Report to Congress on Future Water Resources Development to determine authorization needs and priorities for purposes of water resources development legislation. (5) To ensure that Congress can gain a thorough understanding of the water resources development needs and priorities of the United States, it is important that the Secretary take sufficient steps to ensure that non-Federal interests are made aware of the new annual report process, including the need for non-Federal interests to submit proposals during the Secretarys annual request for proposals in order for such proposals to be eligible for consideration by Congress. (b)  Dissemination of Process Information. (1)  In general The Secretary shall develop, support, and implement education and awareness efforts for non-Federal interests with respect to the annual Report to Congress on Future Water Resources Development required under section 7001 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2282d (A) develop and disseminate technical assistance materials, seminars, and guidance on the annual process as it relates to non-Federal interests; (B) provide written notice to local elected officials and previous and potential non-Federal interests on the annual process and on opportunities to address local water resources challenges through the missions and authorities of the Corps of Engineers; (C) issue guidance for non-Federal interests to assist such interests in developing proposals for water resources development projects that satisfy the requirements of such section 7001; and (D) provide, at the request of a non-Federal interest, assistance with researching and identifying existing project authorizations and Corps of Engineers decision documents. (2)  Annual reporting Not less frequently than annually, the Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written update on the progress of the implementation of paragraph (1), including a description of each education and outreach action the Secretary is taking to implement that paragraph. (3)  Guidance; compliance The Secretary shall (A) issue guidance on the uniform implementation by each district of the Corps of Engineers of the process for submitting proposals under section 7001 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2282d (B) each year, ensure compliance with the guidance issued under subparagraph (A).  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121 section 2201 of this title  2282d1. Report to Congress on authorized studies and projects (a) In general Not later than February 1 of each year, the Secretary shall develop and submit to Congress an annual report, to be entitled Report to Congress on Authorized Water Resources Development Projects and Studies, that identifies (1) ongoing or new feasibility studies, authorized within the previous 20 years, for which a Report of the Chief of Engineers has not been issued; (2) authorized feasibility studies for projects in the preconstruction, engineering and design phase; (3) ongoing or new water resources development projects authorized for construction within the previous 20 years; and (4) authorized and constructed water resources development projects the Secretary has the responsibility to operate or maintain. (b) Contents (1) Inclusions (A) Criteria The Secretary shall include in each report submitted under this section only a feasibility study or water resources development project (i) that has been authorized by Congress to be carried out by the Secretary and does not require any additional congressional authorization to be carried out; (ii) that the Secretary has the capability to carry out if funds are appropriated for such study or project under any of the Investigations, Construction, Operation and Maintenance, or Mississippi River and Tributaries appropriations accounts for the Corps of Engineers; and (iii) for which a non-Federal interest (I) in the case of a study or a project other than a project for which funds may be appropriated for operation and maintenance, has entered into a feasibility cost-sharing agreement, design agreement, or project partnership agreement with the Corps of Engineers, or has informed the Secretary that the non-Federal interest has the financial capability to enter into such an agreement within 1 year; and (II) demonstrates the legal and financial capability to satisfy the requirements for local cooperation with respect to the study or project. (B) Description of benefits (i) Description The Secretary shall, to the maximum extent practicable, describe in each report submitted under this section the benefits, as described in clause (ii), of each feasibility study and water resources development project included in the report. (ii) Benefits The benefits referred to in clause (i) are benefits to (I) the protection of human life and property; (II) improvement to transportation; (III) the national, regional, or local economy; (IV) the environment; or (V) the national security interests of the United States. (2) Transparency The Secretary shall include in each report submitted under this section, for each feasibility study and water resources development project included in the report (A) the name of the associated non-Federal interest, including the name of any non-Federal interest that has contributed, or is expected to contribute, a non-Federal share of the cost of the study or project; (B) the purpose of the study or project; (C) an estimate, to the extent practicable, of the Federal, non-Federal, and total costs of the study or project, including, to the extent practicable, the fully funded capability of the Corps of Engineers for (i) the 3 fiscal years following the fiscal year in which the report is submitted, in the case of a feasibility study; and (ii) the 5 fiscal years following the fiscal year in which the report is submitted, in the case of a water resources development project; and (D) an estimate, to the extent practicable, of the monetary and nonmonetary benefits of the study or project. (3) Certification The Secretary shall include in each report submitted under this section a certification stating that each feasibility study or water resources development project included in the report meets the criteria described in paragraph (1)(A). (4) Omissions (A) Limitation The Secretary shall not omit from a report submitted under this section a study or project that otherwise meets the criteria for inclusion in the report solely on the basis of a policy of the Secretary. (B) Appendix If the Secretary omits from a report submitted under this section a study or project that otherwise meets the criteria for inclusion in the report, the Secretary shall include with the report an appendix that lists the name of the study or project and reason for its omission. (c) Submission to Congress; publication (1) Submission to Congress The Secretary may submit a report under this section in conjunction with the submission of the annual report under section 2282d of this title (2) Publication On submission of each report under this section, the Secretary shall make the report publicly available, including through publication on the internet. (d) Definitions In this section: (1) Non-Federal interest The term non-Federal interest has the meaning given that term in section 1962d5b of title 42 (2) Water resources development project The term water resources development project includes a separable element of a project, a project under an environmental infrastructure assistance program, and a project the authorized purposes of which include water supply. ( Pub. L. 116260, div. AA, title II,  222 Dec. 27, 2020 134 Stat. 2694  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. 116260 section 2201 of this title  2282e. Post-authorization change reports (a) In general The completion of a post-authorization change report prepared by the Corps of Engineers for a water resources development project (1) may not be delayed as a result of consideration being given to changes in policy or priority with respect to project consideration; and (2) shall be submitted, upon completion, to (A) the Committee on Environment and Public Works of the Senate; and (B) the Committee on Transportation and Infrastructure of the House of Representatives. (b) Completion review With respect to a post-authorization change report subject to review by the Secretary, the Secretary shall, not later than 120 days after the date of completion of such report (1) review the report; and (2) provide to Congress any recommendations of the Secretary regarding modification of the applicable water resources development project. (c) Prior reports Not later than 120 days after December 16, 2016 December 16, 2016 (d) Post-authorization change report inclusions In this section, the term post-authorization change report includes (1) a general reevaluation report; (2) a limited reevaluation report; and (3) any other report that recommends the modification of an authorized water resources development project. ( Pub. L. 114322, title I,  1132 Dec. 16, 2016 130 Stat. 1653  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. Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 1002 of Pub. L. 114322 section 2201 of this title  2282f. Review of resiliency assessments (a) Resiliency assessment (1) In general Not later than 180 days after December 27, 2020 section 19624 of title 42 (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 (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. 116260, 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. 116260 section 2201 of this title  2282g. Scope of feasibility studies (a) Flood risk management or hurricane and storm damage risk reduction In carrying out a feasibility study for a project for flood risk management or hurricane and storm damage risk reduction, the Secretary, at the request of the non-Federal interest for the study, shall formulate alternatives to maximize the net benefits from the reduction of the comprehensive flood risk within the geographic scope of the study from the isolated and compound effects of (1) a riverine discharge of any magnitude or frequency; (2) inundation, wave attack, and erosion coinciding with a hurricane or coastal storm; (3) flooding associated with tidally influenced portions of rivers, bays, and estuaries that are hydrologically connected to the coastal water body; (4) a rainfall event of any magnitude or frequency; (5) a tide of any magnitude or frequency; (6) seasonal variation in water levels; (7) groundwater emergence; (8) sea level rise; (9) subsidence; or (10) any other driver of flood risk affecting the area within the geographic scope of the study. (b) Water supply, water conservation, and drought risk reduction In carrying out a feasibility study for any purpose, the Secretary, at the request of the non-Federal interest for the study, shall formulate alternatives (1) to maximize combined net benefits for the primary purpose of the study and for the purposes of water supply or water conservation (including the use of water supply conservation measures described in section 1116 of the Water Resources Development Act of 2016 ( 130 Stat. 1639 (2) to include 1 or more measures for the purposes of water supply or water conservation if the Secretary determines that such measures may reduce potential adverse impacts of extreme weather events, including drought, on water resources within the geographic scope of the study. (c) Cost sharing All costs to carry out a feasibility study in accordance with this section shall be shared in accordance with the cost share requirements otherwise applicable to the study. ( Pub. L. 117263, div. H, title LXXXI,  8106 Dec. 23, 2022 136 Stat. 3699  Editorial Notes  References in Text Section 1116 of the Water Resources Development Act of 2016, referred to in subsec. (b)(1), is section 1116 of Pub. L. 114322 Dec. 16, 2016 130 Stat. 1639 Codification Section was enacted as part of the Water Resources Development Act of 2022, and also as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, 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 8002 of Pub. L. 117263 section 2201 of this title  2283. Fish and wildlife mitigation (a) Steps to be taken prior to or concurrently with construction (1) In the case of any water resources project which is authorized to be constructed by the Secretary before, on, or after November 17, 1986 November 17, 1986 (A) shall be undertaken or acquired before any construction of the project (other than such acquisition) commences, or (B) shall be undertaken or acquired concurrently with lands and interests in lands for project purposes (other than mitigation of fish and wildlife losses), whichever the Secretary determines is appropriate, except that any physical construction required for the purposes of mitigation may be undertaken concurrently with the physical construction of such project. (2) For the purposes of this subsection, any project authorized before November 17, 1986 (b) Acquisition of lands or interests in lands for mitigation (1) After consultation with appropriate Federal and non-Federal agencies, the Secretary is authorized to mitigate damages to fish and wildlife resulting from any water resources project under his jurisdiction, whether completed, under construction, or to be constructed. Such mitigation may include the acquisition of lands, or interests therein, except that (A) acquisition under this paragraph shall not be by condemnation in the case of projects completed as of November 17, 1986 November 17, 1986 (B) acquisition of water, or interests therein, under this paragraph, shall not be by condemnation. The Secretary, shall, under the terms of this paragraph, obligate no more than $30,000,000 in any fiscal year. With respect to any water resources project, the authority under this subsection shall not apply to measures that cost more than $7,500,000 or 10 percent of the cost of the project, whichever is greater. (2) Whenever, after his review, the Secretary determines that such mitigation features under this subsection are likely to require condemnation under subparagraph (A) or (B) of paragraph (1) of this subsection, the Secretary shall transmit to Congress a report on such proposed modification, together with his recommendations. (c) Allocation of mitigation costs Costs incurred after November 17, 1986 November 17, 1986 (d) Mitigation plans as part of project proposals (1) In general After November 17, 1986 section 2317(a)(1) of this title (2) Selection and design of mitigation projects The Secretary shall select and design mitigation projects using a watershed approach to reflect contemporary understanding of the science of mitigating the adverse environmental impacts of water resources projects. (3) Mitigation requirements (A) In general To mitigate losses to flood damage reduction capabilities and fish and wildlife resulting from a water resources project, the Secretary shall ensure that the mitigation plan for each water resources project complies with, at a minimum, the mitigation standards and policies established pursuant to the regulatory programs administered by the Secretary. (B) Inclusions A specific mitigation plan for a water resources project under paragraph (1) shall include, at a minimum (i) a plan for monitoring the implementation and ecological success of each mitigation measure, including the cost and duration of any monitoring, and, to the extent practicable, a designation of the entities that will be responsible for the monitoring; (ii) the criteria for ecological success by which the mitigation will be evaluated and determined to be successful based on replacement of lost functions and values of the habitat, including hydrologic and vegetative characteristics; (iii) for projects where mitigation will be carried out by the Secretary (I) a description of the land and interest in land to be acquired for the mitigation plan; (II) the basis for a determination that the land and interests are available for acquisition; and (III) a determination that the proposed interest sought does not exceed the minimum interest in land necessary to meet the mitigation requirements for the project; (iv) for projects where mitigation will be carried out through a third party mitigation arrangement in accordance with subsection (i) (I) a description of the third party mitigation instrument to be used; and (II) the basis for a determination that the mitigation instrument can meet the mitigation requirements for the project; (v) a description of (I) the types and amount of restoration activities to be conducted; (II) the physical action to be undertaken to achieve the mitigation objectives within the watershed in which such losses occur and, in any case in which the mitigation will occur outside the watershed, a detailed explanation for undertaking the mitigation outside the watershed; and (III) the functions and values that will result from the mitigation plan; and (vi) a contingency plan for taking corrective actions in cases in which monitoring demonstrates that mitigation measures are not achieving ecological success in accordance with criteria under clause (ii). (C) Responsibility for monitoring In any case in which it is not practicable to identify in a mitigation plan for a water resources project the entity responsible for monitoring at the time of a final report of the Chief of Engineers or other final decision document for the project, such entity shall be identified in the partnership agreement entered into with the non-Federal interest under section 1962d5b of title 42 (4) Determination of success (A) In general A mitigation plan under this subsection shall be considered to be successful at the time at which the criteria under paragraph (3)(B)(ii) are achieved under the plan, as determined by monitoring under paragraph (3)(B)(i). (B) Consultation In determining whether a mitigation plan is successful under subparagraph (A), the Secretary shall consult annually with appropriate Federal agencies and each State in which the applicable project is located on at least the following: (i) The ecological success of the mitigation as of the date on which the report is submitted. (ii) The likelihood that the mitigation will achieve ecological success, as defined in the mitigation plan. (iii) The projected timeline for achieving that success. (iv) Any recommendations for improving the likelihood of success. (5) Monitoring Mitigation monitoring shall continue until it has been demonstrated that the mitigation has met the ecological success criteria. (e) First enhancement costs as Federal costs In those cases when the Secretary, as part of any report to Congress, recommends activities to enhance fish and wildlife resources, the first costs of such enhancement shall be a Federal cost when (1) such enhancement provides benefits that are determined to be national, including benefits to species that are identified by the National Marine Fisheries Service as of national economic importance, species that are subject to treaties or international convention to which the United States is a party, and anadromous fish; (2) such enhancement is designed to benefit species that have been listed as threatened or endangered by the Secretary of the Interior under the terms of the Endangered Species Act, as amended ( 16 U.S.C. 1531 (3) such activities are located on lands managed as a national wildlife refuge. When benefits of enhancement do not qualify under the preceding sentence, 25 percent of such first costs of enhancement shall be provided by non-Federal interests under a schedule of reimbursement determined by the Secretary. Not more than 80 percent of the non-Federal share of such first costs may be satisfied through in-kind contributions, including facilities, supplies, and services that are necessary to carry out the enhancement project. The non-Federal share of operation, maintenance, and rehabilitation of activities to enhance fish and wildlife resources shall be 25 percent. (f) National benefits from enhancement measures for Atchafalaya Floodway System and Mississippi Delta Region projects Fish and wildlife enhancement measures carried out as part of the project for Atchafalaya Floodway System, Louisiana, authorized by Public Law 9988 (g) Fish and Wildlife Coordination Act supplementation The provisions of subsections (a), (b), and (d) shall be deemed to supplement the responsibility and authority of the Secretary pursuant to the Fish and Wildlife Coordination Act [ 16 U.S.C. 661 (h) Programmatic mitigation plans (1) In general The Secretary may develop programmatic mitigation plans to address the potential impacts to ecological resources, fish, and wildlife associated with existing or future Federal water resources development projects. (2) Use of mitigation plans The Secretary shall, to the maximum extent practicable, use programmatic mitigation plans developed in accordance with this subsection to guide the development of a mitigation plan under subsection (d). (3) Non-Federal plans The Secretary shall, to the maximum extent practicable and subject to all conditions of this subsection, use programmatic environmental plans developed by a State, a body politic of the State, which derives its powers from a State constitution, a government entity created by State legislation, or a local government, that meet the requirements of this subsection to address the potential environmental impacts of existing or future water resources development projects. (4) Scope A programmatic mitigation plan developed by the Secretary or an entity described in paragraph (3) to address potential impacts of existing or future water resources development projects shall, to the maximum extent practicable (A) be developed on a regional, ecosystem, watershed, or statewide scale; (B) include specific goals for aquatic resource and fish and wildlife habitat restoration, establishment, enhancement, or preservation; (C) identify priority areas for aquatic resource and fish and wildlife habitat protection or restoration; (D) include measures to protect or restore habitat connectivity; (E) encompass multiple environmental resources within a defined geographical area or focus on a specific resource, such as aquatic resources or wildlife habitat; and (F) address impacts from all projects in a defined geographical area or focus on a specific type of project. (5) Consultation The scope of the plan shall be determined by the Secretary or an entity described in paragraph (3), as appropriate, in consultation with the agency with jurisdiction over the resources being addressed in the environmental mitigation plan. (6) Contents A programmatic environmental mitigation plan may include (A) an assessment of the condition of environmental resources in the geographical area covered by the plan, including an assessment of recent trends and any potential threats to those resources; (B) an assessment of potential opportunities to improve the overall quality of environmental resources in the geographical area covered by the plan through strategic mitigation for impacts of water resources development projects; (C) standard measures for mitigating certain types of impacts, including impacts to habitat connectivity; (D) parameters for determining appropriate mitigation for certain types of impacts, such as mitigation ratios or criteria for determining appropriate mitigation sites; (E) adaptive management procedures, such as protocols that involve monitoring predicted impacts over time and adjusting mitigation measures in response to information gathered through the monitoring; (F) acknowledgment of specific statutory or regulatory requirements that must be satisfied when determining appropriate mitigation for certain types of resources; and (G) any offsetting benefits of self-mitigating projects, such as ecosystem or resource restoration and protection. (7) Process Before adopting a programmatic environmental mitigation plan for use under this subsection, the Secretary shall (A) for a plan developed by the Secretary (i) make a draft of the plan available for review and comment by applicable environmental resource agencies and the public; and (ii) consider any comments received from those agencies and the public on the draft plan; and (B) for a plan developed under paragraph (3), determine, not later than 180 days after receiving the plan, whether the plan meets the requirements of paragraphs (4) through (6) and was made available for public comment. (8) Integration with other plans A programmatic environmental mitigation plan may be integrated with other plans, including watershed plans, ecosystem plans, species recovery plans, growth management plans, and land use plans. (9) Consideration in project development and permitting If a programmatic environmental mitigation plan has been developed under this subsection, any Federal agency responsible for environmental reviews, permits, or approvals for a water resources development project may use the recommendations in that programmatic environmental mitigation plan when carrying out the responsibilities of the agency under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (10) Preservation of existing authorities Nothing in this subsection limits the use of programmatic approaches to reviews under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (11) Effect Nothing in this subsection (A) requires the Secretary to undertake additional mitigation for existing projects for which mitigation has already been initiated, including the addition of fish passage to an existing water resources development project; or (B) affects the mitigation responsibilities of the Secretary under any other provision of law. (i) Third-party mitigation arrangements (1) Eligible activities In accordance with all applicable Federal laws (including regulations), mitigation efforts carried out under this section may include (A) participation in mitigation banking or other third-party mitigation arrangements, such as (i) the purchase of credits from commercial or State, regional, or local agency-sponsored mitigation banks; and (ii) the purchase of credits from in-lieu fee mitigation programs; and (B) contributions to statewide and regional efforts to conserve, restore, enhance, and create natural habitats and wetlands if the Secretary determines that the contributions will ensure that the mitigation requirements of this section and the goals of section 2317(a)(1) of this title (2) Inclusion of other activities The banks, programs, and efforts described in paragraph (1) include any banks, programs, and efforts developed in accordance with applicable law (including regulations). (3) Terms and conditions In carrying out natural habitat and wetlands mitigation efforts under this section, contributions to the mitigation effort may (A) take place concurrent with, or in advance of, the commitment of funding to a project; and (B) occur in advance of project construction only if the efforts are consistent with all applicable requirements of Federal law (including regulations) and water resources development planning processes. (4) Preference At the request of the non-Federal project sponsor, preference may be given, to the maximum extent practicable, to mitigating an environmental impact through the use of a mitigation bank, in-lieu fee, or other third-party mitigation arrangement, if the use of credits from the mitigation bank or in-lieu fee, or the other third-party mitigation arrangement for the project has been approved by the applicable Federal agency. (j) Use of funds (1) In general The Secretary, with the consent of the applicable non-Federal interest, may use funds made available for preconstruction engineering and design after authorization of project construction to satisfy mitigation requirements through third-party arrangements or to acquire interests in land necessary for meeting mitigation requirements under this section. (2) Notification Prior to the expenditure of any funds for a project pursuant to paragraph (1), the Secretary shall notify the Committee on Appropriations and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Appropriations and the Committee on Environment and Public Works of the Senate. (k) Measures The Secretary shall consult with interested members of the public, the Director of the United States Fish and Wildlife Service, the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration, States, including State fish and game departments, and interested local governments to identify standard measures under subsection (h)(6)(C) that reflect the best available scientific information for evaluating habitat connectivity. ( Pub. L. 99662, title IX,  906 Nov. 17, 1986 100 Stat. 4186 Pub. L. 102580, title III,  333(a) Oct. 31, 1992 106 Stat. 4852 Pub. L. 10653, title II,  221 Aug. 17, 1999 113 Stat. 295 Pub. L. 106541, title II,  224(a) Dec. 11, 2000 114 Stat. 2597 Pub. L. 110114, title II,  2036(a) Nov. 8, 2007 121 Stat. 1092 Pub. L. 113121, title I,  1040(a) June 10, 2014 128 Stat. 1239 Pub. L. 114322, title I,  1162 Dec. 16, 2016 130 Stat. 1668  Editorial Notes  References in Text The Endangered Species Act, as amended, referred to in subsec. (e)(2), probably means the Endangered Species Act of 1973, Pub. L. 93205 Dec. 28, 1973 87 Stat. 884 section 1531 of Title 16 Public Law 9988 Pub. L. 9988 Aug. 15, 1985 99 Stat. 293 Pub. L. 9988 The Flood Control Act of 1965, referred to in subsec. (f), is title II of Pub. L. 89298 Oct. 27, 1965 79 Stat. 1073 The Fish and Wildlife Coordination Act, referred to in subsec. (g), is act Mar. 10, 1934, ch. 55 48 Stat. 401 section 661(a) of Title 16 section 661 of Title 16 The National Environmental Policy Act of 1969, referred to in subsec. (h)(9), (10), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 Amendments 2016Subsec. (h)(4)(D) to (F). Pub. L. 114322,  1162(1)(A) Subsec. (h)(6)(C). Pub. L. 114322,  1162(1)(B) Subsec. (h)(11). Pub. L. 114322,  1162(1)(C) Subsecs. (j), (k). Pub. L. 114322,  1162(2) 2014Subsec. (d)(1). Pub. L. 113121,  1040(a)(1)(A) section 2317(a)(1) of this title Subsec. (d)(2). Pub. L. 113121,  1040(a)(1)(B)(iii) Pub. L. 113121,  1040(a)(1)(B)(i) Subsec. (d)(3)(A). Pub. L. 113121,  1040(a)(1)(C)(i) Subsec. (d)(3)(B)(iii) to (vi). Pub. L. 113121,  1040(a)(1)(C)(ii) Subsecs. (h), (i). Pub. L. 113121,  1040(a)(2) 2007Subsec. (d)(1). Pub. L. 110114,  2036(a)(1) Subsec. (d)(3) to (5). Pub. L. 110114,  2036(a)(3) 2000Subsec. (d). Pub. L. 106541 November 17, 1986 1999Subsec. (e). Pub. L. 10653 1992Subsec. (c). Pub. L. 102580 Statutory Notes and Related Subsidiaries Applicability Pub. L. 113121, title I,  1040(b) June 10, 2014 128 Stat. 1243 The amendments made by subsection (a) [amending this section] shall not apply to a project for which a mitigation plan has been completed as of the date of enactment of this Act [ June 10, 2014 Concurrent Mitigation Pub. L. 106541, title II,  224(b) Dec. 11, 2000 114 Stat. 2598 Dec. 11, 2000  2283a. Status report (1) In general Concurrent with the Presidents submission to Congress of the Presidents request for appropriations for the Civil Works Program for a fiscal year, 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 on the status of construction of projects that require mitigation under section 2283 of this title (2) Projects included The status report shall include the status of (A) all projects that are under construction as of the date of the report; (B) all projects for which the President requests funding for the next fiscal year; and (C) all projects that have undergone or completed construction, but have not completed the mitigation required under section 2283 of this title (3) Information included In reporting the status of all projects included in the report, the Secretary shall (A) use a uniform methodology for determining the status of all projects included in the report; (B) use a methodology that describes both a qualitative and quantitative status for all projects in the report; and (C) provide specific dates for participation in the consultations required under section 2283(d)(4)(B) of this title (4) Availability of information The Secretary shall make information contained in the status report available to the public, including on the Internet. ( Pub. L. 110114, title II,  2036(b) Nov. 8, 2007 121 Stat. 1094 Pub. L. 113121, title I,  1041 June 10, 2014 128 Stat. 1243  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 2014Pars. (3), (4). Pub. L. 113121 Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 110114 section 2201 of this title  2283b. Clarification of mitigation authority (a) In general The Secretary may carry out measures to improve fish species habitat within the boundaries and downstream of a water resources project constructed by the Secretary that includes a fish hatchery if the Secretary (1) has been explicitly authorized to compensate for fish losses associated with the project; and (2) determines that the measures are (A) feasible; (B) consistent with authorized project purposes and the fish hatchery; and (C) in the public interest. (b) Cost sharing (1) In general Subject to paragraph (2), the non-Federal interest shall contribute 35 percent of the total cost of carrying out activities under this section, including the costs relating to the provision or acquisition of required land, easements, rights-of-way, dredged material disposal areas, and relocations. (2) Operation and maintenance The non-Federal interest shall contribute 100 percent of the costs of operation, maintenance, replacement, repair, and rehabilitation of the measures carried out under this section. ( Pub. L. 113121, title I,  1028 June 10, 2014 128 Stat. 1230  Editorial Notes Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, 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 Pub. L. 113121 section 2201 of this title  2283c. Technical assistance (1) In general The Secretary may provide technical assistance to States and local governments to establish third-party mitigation instruments, including mitigation banks and in-lieu fee programs, that will help to target mitigation payments to high-priority ecosystem restoration actions. (2) Requirements In providing technical assistance under this section, the Secretary shall give priority to States and local governments that have developed State, regional, or watershed-based plans identifying priority restoration actions. (3) Mitigation instruments The Secretary shall seek to ensure any technical assistance provided under this section will support the establishment of mitigation instruments that will result in restoration of high-priority areas identified in the plans under paragraph (2). ( Pub. L. 113121, title I,  1040(c) June 10, 2014 128 Stat. 1243  Editorial Notes Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, 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 Pub. L. 113121 section 2201 of this title  2284. Benefits and costs attributable to environmental measures  In the evaluation by the Secretary of benefits and costs of a water resources project, the benefits attributable to measures included in a project for the purpose of environmental quality, including improvement of the environment and fish and wildlife enhancement, shall be deemed to be at least equal to the costs of such measures. ( Pub. L. 99662, title IX,  907 Nov. 17, 1986 100 Stat. 4188  2284a. Benefits to navigation  In evaluating potential improvements to navigation and the maintenance of navigation projects, the Secretary shall consider, and include for purposes of project justification, economic benefits generated by cruise ships as commercial navigation benefits. ( Pub. L. 104303, title II,  230 Oct. 12, 1996 110 Stat. 3704  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 1996, 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 Pub. L. 104303 section 2201 of this title  2284b. Scenic and aesthetic considerations  In conducting studies of potential water resources projects, the Secretary shall consider measures to preserve and enhance scenic and aesthetic qualities in the vicinity of such projects. ( Pub. L. 104303, title II,  232 Oct. 12, 1996 110 Stat. 3704  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 1996, 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 Pub. L. 104303 section 2201 of this title  2285. Environmental Protection and Mitigation Fund  There is established an Environmental Protection and Mitigation Fund. There is authorized to be appropriated to such fund $35,000,000 for fiscal years beginning after September 30, 1986 1 1 ( Pub. L. 99662, title IX,  908 Nov. 17, 1986 100 Stat. 4188  2286. Acceptance of certain funds for mitigation  The Secretary is authorized to accept funds from any entity, public or private, in accordance with the Pacific Northwest Electric Power Planning and Conservation Act [ 16 U.S.C. 839 ( Pub. L. 99662, title XI,  1146 Nov. 17, 1986 100 Stat. 4253  Editorial Notes  References in Text The Pacific Northwest Electric Power Planning and Conservation Act, referred to in text, is Pub. L. 96501 Dec. 5, 1980 94 Stat. 2697 section 839 of Title 16  2287. Continued planning and investigations (a) Pre-authorization planning and engineering After the Chief of Engineers transmits his recommendations for a water resources development project to the Secretary for transmittal to the Congress, as authorized in section 7011 of this title (b) Omitted (c) Authorizations as additions to other authorizations The authorization made by this section shall be in addition to any other authorizations for planning, engineering, and design of water resources development projects and shall not be construed as a limitation on any other such authorization. ( Pub. L. 99662, title IX,  910 Nov. 17, 1986 100 Stat. 4189  Editorial Notes Codification Subsec. (b) of this section, which required the Secretary to prepare and transmit an annual report to certain committees of Congress on activities undertaken under this section, terminated, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31 Statutory Notes and Related Subsidiaries  Change of Name Committee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 10414 section 21 of Title 2  2288. Repealed. Pub. L. 113121, title I,  1004 June 10, 2014 128 Stat. 1199   Section, Pub. L. 99662, title IX,  911 Nov. 17, 1986 100 Stat. 4189  2289. Urban and rural flood control frequency  In the preparation of feasibility reports for projects for flood damage prevention in urban and rural areas, the Secretary may consider and evaluate measures to reduce or eliminate damages from flooding without regard to frequency of flooding, drainage area, and amount of runoff. This section shall apply with respect to any project, or separable element thereof, the Federal share of the cost of which is less than $3,000,000. ( Pub. L. 99662, title IX,  914 Nov. 17, 1986 100 Stat. 4190  2289a. Consideration of measures (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 (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. 114322, title I,  1184 Dec. 16, 2016 130 Stat. 1679 Pub. L. 115270, 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 2018Subsec. (a)(2). Pub. L. 115270 Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 1002 of Pub. L. 114322 section 2201 of this title  2290. Flood control in Trust Territory of the Pacific Islands  The Secretary is authorized to use the authority contained in section 205 of the Flood Control Act of 1948 ( 33 U.S.C. 701s August 28, 1937 33 U.S.C. 701g 33 U.S.C. 701r 33 U.S.C. 577 August 13, 1946 33 U.S.C. 426g 33 U.S.C. 426i ( Pub. L. 99662, title IX,  915(h) Nov. 17, 1986 100 Stat. 4191  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  2291. Federal Project Repayment District (a) The Secretary may enter into a contract providing for the payment or recovery of an appropriate share of the costs of a project under his responsibility with a Federal Project Repayment District or other political subdivision of a State prior to the construction, operation, improvement, or financing of such project. The Federal Project Repayment District shall include lands and improvements which receive identifiable benefits from the construction or operation of such project. Such districts shall be established in accordance with State law, shall have specific boundaries which may be changed from time to time based upon further evaluations of benefits, and shall have the power to recover benefits through any cost-recovery approach that is consistent with State law and satisfies the applicable cost-recovery requirement under subsection (b). (b) Prior to execution of an agreement pursuant to subsection (a) of this section, the Secretary shall require and approve a study from the State or political subdivision demonstrating that the revenues to be derived from a contract under this section, or an agreement with a Federal Project Repayment District, will be sufficient to equal or exceed the cost recovery requirements over the term of repayment required by Federal law. ( Pub. L. 99662, title IX,  916 Nov. 17, 1986 100 Stat. 4191 Pub. L. 100676,  15 Nov. 17, 1988 102 Stat. 4026  Editorial Notes Amendments 1988Subsec. (a). Pub. L. 100676  2292. Surveying and mapping  Any surveying or mapping services to be performed in connection with a water resources project which is or has been authorized to be undertaken by the Secretary shall be procured in accordance with title IX of the Federal Property and Administrative Services Act of 1949. 1 1 ( Pub. L. 99662, title IX,  918 Nov. 17, 1986 100 Stat. 4192  Editorial Notes  References in Text The Federal Property and Administrative Services Act of 1949, referred to in text, is act June 30, 1949, ch. 288 63 Stat. 377 Pub. L. 107217 Aug. 21, 2002 116 Stat. 1062 section 101 of Title 40 Statutory Notes and Related Subsidiaries Geomatic Data Pub. L. 115270, title I,  1118 Oct. 23, 2018 132 Stat. 3776  (a)  In General The Secretary [of the Army] shall develop guidance for the acceptance and use of information obtained from a non-Federal interest through geomatic techniques, including remote sensing and land surveying, cartography, geographic information systems, global navigation satellite systems, photogrammetry, or other remote means, in carrying out any authority of the Secretary. (b)  Considerations In carrying out this section, the Secretary shall ensure that use of information described in subsection (a) meets the data quality and operational requirements of the Secretary. (c)  Savings Clause Nothing in this section (1) requires the Secretary to accept information that the Secretary determines does not meet the guidance developed under this section; or (2) changes the current statutory or regulatory requirements of the Corps of Engineers.  2293. Reprogramming during national emergencies (a) Termination or deferment of civil works projects; application of resources to national defense projects In the event of a declaration of war or a declaration by the President of a national emergency in accordance with the National Emergencies Act [ 50 U.S.C. 1601 (b) Termination of state of war or national emergency The Secretary shall immediately notify the appropriate committees of Congress of any actions taken pursuant to the authorities provided by this section, and cease to exercise such authorities not later than 180 calendar days after the termination of the state of war or national emergency, whichever occurs later. ( Pub. L. 99662, title IX,  923 Nov. 17, 1986 100 Stat. 4194  Editorial Notes  References in Text The National Emergencies Act, referred to in subsec. (a), is Pub. L. 94412 Sept. 14, 1976 90 Stat. 1255 section 1601 of Title 50  2293a. Reprogramming of funds for projects by Corps of Engineers  None of the funds made available before, on, or after June 15, 2006 section 1105(a) of title 31 ( Pub. L. 109234, title II,  2307 June 15, 2006 120 Stat. 457  Editorial Notes Codification Section was enacted as part of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.  2294. Office of Environmental Policy  The Secretary shall establish in the Directorate of Civil Works of the Office of the Chief of Engineers an Office of Environmental Policy. Such Office shall be responsible for the formulation, coordination, and implementation of all matters concerning environmental quality and policy as they relate to the water resources program of the United States Army Corps of Engineers. Such Office shall, among other things, develop, and monitor compliance with, guidelines for the consideration of environmental quality in formulation and planning of water resources projects carried out by the Secretary, the preparation and coordination of environmental impact statements for such projects, and the coordination with Federal, State, and local agencies of environmental aspects of such projects and regulatory responsibilities of the Secretary. ( Pub. L. 99662, title IX,  924 Nov. 17, 1986 100 Stat. 4194  2295. Compilation of laws; annual reports (a) Federal laws relating to improvements of rivers and harbors, flood control, beach erosion, and other water resources development Within one year after November 17, 1986 November 8, 1966 January 1, 1987 November 8, 1966 (b) Annual report The Secretary shall prepare and submit the annual report required by section 556 of this title (c) Biennial reports for each State The Secretary shall prepare biennially for public information a report for each State containing a description of each water resources project under the jurisdiction of the Secretary in such State and the status of each such project. Each report shall include an index. The report for each State shall be prepared in a separate volume. The reports under this subsection shall be published at the same time and the first such reports shall be published not later than one year after November 17, 1986 ( Pub. L. 99662, title IX,  925 Nov. 17, 1986 100 Stat. 4194  Statutory Notes and Related Subsidiaries Compilation of Laws Pub. L. 110114, title II,  2004 Nov. 8, 2007 121 Stat. 1071  (a)  Compilation of Laws Enacted After November The Secretary [of the Army] and the Chief of Engineers shall prepare a compilation of the laws of the United States relating to the improvement of rivers and harbors, flood damage reduction, beach and shoreline erosion, hurricane and storm damage reduction, ecosystem and environmental restoration, and other water resources development enacted after November 8, 1966 January 1, 2008 (b)  Reprint of Laws Enacted Before November The Secretary shall have the volumes containing the laws referred to in subsection (a) enacted before November 8, 1966 (c)  Index The Secretary shall include an index in each volume compiled, and each volume reprinted, pursuant to this section. (d)  Congressional Copies Not later than April 1, 2008 (e)  Availability The Secretary [of the Army] shall ensure that each volume compiled, and each volume reprinted, pursuant to this section are available through electronic means, including on the Internet.  2295a. Policy and technical standards  Every 5 years, the Secretary shall revise, rescind, or certify as current, as applicable, each policy and technical standards publication for the civil works programs of the Corps of Engineers, including each engineer regulation, engineer circular, engineer manual, engineer pamphlet, engineer technical letter, planning guidance letter, policy guidance letter, planning bulletin, and engineering and construction bulletin. ( Pub. L. 117263, div. H, title LXXXI,  8140 Dec. 23, 2022 136 Stat. 3723  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 2022, and also as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, 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 8002 of Pub. L. 117263 section 2201 of this title  2296. Acquisition of recreation lands (a) In the case of any water resources project which is authorized to be constructed by the Secretary before, on, or after November 17, 1986 November 17, 1986 (b) The Secretary is authorized to acquire real property by condemnation, purchase, donation, exchange, or otherwise, as a part of any water resources development project for use for public park and recreation purposes, including but not limited to, real property not contiguous to the principal part of the project. ( Pub. L. 99662, title IX,  926 Nov. 17, 1986 100 Stat. 4195  2297. Operation and maintenance on recreation lands  The Secretary shall not require, under section 460d of title 16 16 U.S.C. 460 l ( Pub. L. 99662, title IX,  927 Nov. 17, 1986 100 Stat. 4195  Editorial Notes  References in Text The Federal Water Project Recreation Act, referred to in text, is Pub. L. 8972 July 9, 1965 79 Stat. 213 l l  2298. Impact of proposed projects on existing recreation facilities  Any report describing a project having recreation benefits that is submitted after November 17, 1986 68 Stat. 666 16 U.S.C. 1001 ( Pub. L. 99662, title IX,  928 Nov. 17, 1986 100 Stat. 4195  Editorial Notes  References in Text The Watershed Protection and Flood Prevention Act, referred to in text, is act Aug. 4, 1954, ch. 656 68 Stat. 666 section 1001 of Title 16 Statutory Notes and Related Subsidiaries  Change of Name Committee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 10414 section 21 of Title 2  2299. Acquisition of beach fill  Notwithstanding any other provision of law, in any case in which the use of fill material for beach erosion and beach nourishment is authorized as a purpose of an authorized water resources project, the Secretary is authorized to acquire by purchase, exchange, or otherwise from nondomestic sources and utilize such material for such purposes if such materials are not available from domestic sources for environmental or economic reasons. ( Pub. L. 99662, title IX,  935 Nov. 17, 1986 100 Stat. 4197  2300. Study of Corps capabilities  The Secretary shall study and evaluate the measures necessary to increase the capabilities of the United States Army Corps of Engineers to undertake the planning and construction of water resources projects on an expedited basis and to adequately comply with all requirements of law applicable to the water resources program of the Corps of Engineers. As part of such study the Secretary shall consider appropriate measures to increase reliance on the private sector in the conduct of the water resources program of the Corps of Engineers. The Secretary shall implement such measures as may be necessary to improve the capabilities referred to in the first sentence of this section, including the establishment of increased levels of personnel, changes in project planning and construction procedures designed to lessen the time required for such planning and construction, and procedures for expediting the coordination of water resources projects with Federal, State, and local agencies. ( Pub. L. 99662, title IX,  936 Nov. 17, 1986 100 Stat. 4197  Statutory Notes and Related Subsidiaries GAO Review of Civil Works Program Pub. L. 100676,  44 Nov. 17, 1988 102 Stat. 4041  2301, 2302. Omitted  Editorial Notes Codification Section 2301, Pub. L. 99662, title IX,  937 Nov. 17, 1986 100 Stat. 4198 May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31 Subsec. (a) of section 2302, Pub. L. 99662, title IX,  938(a) Nov. 17, 1986 100 Stat. 4198 May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31 Subsec. (b) of section 2302, Pub. L. 99662, title IX,  938(b) Nov. 17, 1986 100 Stat. 4198 Nov. 17, 1986  2303. Historical properties  The Secretary is authorized to preserve, restore, and maintain those historic properties located on water resource development project lands under the jurisdiction of the Department of the Army if such properties have been entered into the National Register of Historic Places. ( Pub. L. 99662, title IX,  943 Nov. 17, 1986 100 Stat. 4200  2304. Separability  If any provision of this Act, or the application of any provision of this Act to any person or circumstance, is held invalid, the application of such provision to other persons or circumstances, and the remainder of this Act, shall not be affected thereby. ( Pub. L. 99662, title IX,  949 Nov. 17, 1986 100 Stat. 4201  Editorial Notes  References in Text This Act, referred to in text, is Pub. L. 99662 Nov. 17, 1986 100 Stat. 4082 section 2201 of this title  2305. Use of FMHA funds  Notwithstanding any other provision of law, Federal assistance made available by the Farmers Home Administration may be used to pay the non-Federal share of any other Federal grant-in-aid program for any project for water resources, including water pollution control. ( Pub. L. 99662, title IX,  950 Nov. 17, 1986 100 Stat. 4201  2306. Reports  If any report required to be transmitted under this Act to the Committee on Public Works and Transportation of the House of Representatives or the Committee on Environment and Public Works of the Senate pertains in whole or in part to fish and wildlife mitigation, benthic environmental repercussions, or ecosystem mitigation, the Federal officer required to prepare or transmit that report also shall transmit a copy of the report to the Committee on Merchant Marine and Fisheries of the House of Representatives. ( Pub. L. 99662, title IX,  951 Nov. 17, 1986 100 Stat. 4201  Editorial Notes  References in Text This Act, referred to in text, is Pub. L. 99662 Nov. 17, 1986 100 Stat. 4082 section 2201 of this title Statutory Notes and Related Subsidiaries  Change of Name Committee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 10414 section 21 of Title 2  Abolition of House Committee on Merchant Marine and Fisheries Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995 section 1(b)(3) of Pub. L. 10414 section 21 of Title 2 Jan. 5, 2007  2307. Control of ice (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 (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 (2) There is authorized to be appropriated $1,000,000 for fiscal years beginning after September 30, 1986 (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 (2) There is authorized to be appropriated $3,000,000 for fiscal years beginning after September 30, 1986 (g) Cost sharing Cost sharing applicable to flood control projects under section 2213 of this title (h) Report to Congress Not later than March 1, 1989 ( Pub. L. 99662, title XI,  1101 Nov. 17, 1986 100 Stat. 4223  Statutory Notes and Related Subsidiaries Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31  2308. Campgrounds for senior citizens (a) Establishment and development The Secretary may establish and develop separate campgrounds for individuals sixty-two years of age or older at any lake or reservoir under the jurisdiction of the Secretary where camping is permitted. (b) Control of campground use and access The Secretary may prescribe regulations to control the use of and the access to any separate campground established and developed under subsection (a) of this section. (c) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary for fiscal years beginning after September 30, 1986 (d) Campground at Sam Rayburn Dam and Reservoir, Texas The Secretary shall establish and develop the parcel of land (located in the State of Texas at the Sam Rayburn Dam and Reservoir) described in subsection (g) of this section as a separate campground for individuals sixty-two years of age or older. (e) Control of use and access to campground at Sam Rayburn Dam and Reservoir, Texas The Secretary shall prescribe regulations to control the use of and the access to the separate campground established and developed pursuant to subsection (d) of this section. (f) Authorization of appropriations There are authorized to be appropriated for fiscal years beginning after September 30, 1986 (g) Boundaries of campground at Sam Rayburn Dam and Reservoir, Texas The parcel of land to be established and developed as a separate campground pursuant to subsection (d) of this section is a tract of land of approximately 50 acres which is located in the county of Angelina in the State of Texas and which is part of the Thomas Hanks survey. The boundary of the parcel begins at a point at the corner furthest west of tract numbered 3420 of the Sam Rayburn Dam and Reservoir: thence north 81 degrees 30 minutes east, approximately 2,800 feet to a point at the edge of the water; thence south along the edge of the water approximately 2,600 feet; thence north 80 degrees 30 minutes west, approximately 1,960 feet to a point at the reentrant corner of tract numbered 3419 of the Sam Rayburn Dam and Reservoir; thence along the boundary line of tract numbered 3419 north 46 degrees 15 minutes west, 220 feet to a point at the center line of a road at the corner common to tract numbered 3419 and tract numbered 3420; thence along the southwestern boundary line of tract numbered 3420 north 46 degrees 15 minutes west, 230 feet to a point at the corner furthest east of tract numbered 3424 of the Sam Rayburn Dam and Reservoir; thence along the boundary line of tract numbered 3424 south 32 degrees 4 minutes west, 420 feet to a point; thence along the boundary line of tract numbered 3424 north 28 degrees 34 minutes west, 170 feet to a point; thence along the boundary line of tract numbered 3424 north 38 degrees 15 minutes east, 248 feet to a point; thence along the boundary line of tract numbered 3424 north 32 degrees 44 minutes east, 120 feet to a point at the corner furthest north of tract numbered 3424; thence along the southwestern boundary line of tract numbered 3420 north 46 degrees 15 minutes west, 460 feet to the beginning point. ( Pub. L. 99662, title XI,  1127 Nov. 17, 1986 100 Stat. 4245  2309. Great Lakes Commodities Marketing Board (a) Congressional declaration of purpose To ensure the coordinated economic revitalization and environmental enhancement of the Great Lakes and their connecting channels and the Saint Lawrence Seaway (hereinafter in this section referred to as the Great Lakes), known as the Fourth Seacoast of the United States, it is hereby declared to be the intent of Congress to recognize the importance of the economic vitality of the Great Lakes region, the importance of exports from the region in the United States balance of trade, and the need to assure an environmentally and socially responsible navigation system for the Great Lakes. Congress finds that the Great Lakes provide a diversity of agricultural, commercial, environmental, recreational, and related opportunities based on their extensive water resources and water transportation systems. (b) Establishment; strategy development; composition of Board; Director; report; termination (1) There is hereby established a Board to be known as the Great Lakes Commodities Marketing Board (hereinafter in this subsection referred to as the Board). (2) (A) The Board shall develop a strategy to improve the capacity of the Great Lakes region to produce, market, and transport commodities in a timely manner and to maximize the efficiency and benefits of marketing products produced in the Great Lakes region and products shipped through the Great Lakes. (B) The strategy shall address, among other things, environmental issues relating to transportation on the Great Lakes and marketing difficulties experienced due to late harvest seasons in the Great Lakes region. The strategy shall include, as appropriate alternative storage, sales, marketing, multimodal transportation systems, and other systems, to assure optimal economic benefits to the region from agricultural and other commercial activities. The strategy shall develop (i) methods to improve and promote both bulk and general cargo trade through Great Lakes ports; (ii) methods to accelerate the movement of grains and other agricultural commodities through the Great Lakes; (iii) methods to provide needed flexibility to farmers in the Great Lakes region to market grains and other agricultural commodities; and (iv) methods and materials to promote trade from the Great Lakes region and through Great Lakes ports, particularly with European, Mediterranean, African, Caribbean, Central American, and South American nations. (C) In developing the strategy, the Board shall conduct and consider the results of (i) an analysis of the feasibility and costs of using iron ore vessels, which are not being utilized, to move grain and other agricultural commodities on the Great Lakes; (ii) an economic analysis of transshipping such commodities through Montreal, Canada, and other ports; (iii) an analysis of the economic feasibility of storing such commodities during the non-navigation season of the Great Lakes and the feasibility of and need for construction of new storage facilities for such commodities; (iv) an analysis of the constraints on the flexibility of farmers in the Great Lakes region to market grains and other agricultural commodities, including harvest dates for such commodities and the availability of transport and storage facilities for such commodities; and (v) an analysis of the amount of grain and other agricultural commodities produced in the United States which are being diverted to Canada by rail but which could be shipped on the Great Lakes if vessels were available for shipping such products during the navigation season. (D) In developing the strategy, the Board shall consider weather problems and related costs and marketing problems resulting from the late harvest of agricultural commodities (including wheat and sunflower seeds) in the Great Lakes region. (E) In developing the strategy, the Board shall consult United States ports on the Great Lakes and their users, including farm organizations (such as wheat growers and soybean growers), port authorities, water carrier organizations, and other interested persons. (3) The Board shall be composed of seven members as follows: (A) the chairman of the Great Lakes Commission or his or her delegate, (B) the Secretary or his or her delegate, (C) the Secretary of Transportation or his or her delegate, (D) the Secretary of Commerce or his or her delegate, (E) the Administrator of the Great Lakes St. Lawrence Seaway Development Corporation or his or her delegate, (F) the Secretary of Agriculture or his or her delegate, and (G) the Administrator of the Environmental Protection Agency or his or her delegate. (4) (A) Members of the Board shall serve for the life of the Board. (B) Members of the Board shall serve without pay and those members who are full time officers or employees of the United States shall receive no additional pay by reason of their service on the Board, except that members of the Board shall be allowed travel or transportation expenses under subchapter I of chapter 57 of title 5 while away from their homes or regular places of business and engaged in the actual performance of duties vested in the Board. (C) Four members of the Board shall constitute a quorum but a lesser number may hold hearings. (D) The co-chairmen of the Board shall be the Secretary or his or her delegate and the Administrator of the Great Lakes St. Lawrence Seaway Development Corporation or his or her delegate. (E) The Board shall meet at the call of the co-chairmen or a majority of its members. (5) (A) The Board shall, without regard to section 5311(b) 1 1 (B) Subject to such rules as may be prescribed by the Board, without regard to 5311(b) 1 (C) Upon request of the Board, the head of any Federal agency is authorized to detail, on a reimbursable basis, any of the personnel of such agency to the Board to assist the Board in carrying out its duties under this subsection. (6) (A) The Board may, for purposes of carrying out this subsection, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Board considers appropriate. (B) Any member or agent of the Board may, if so authorized by the Board, take any action which the Board is authorized to take by this paragraph. (C) The Board may secure directly from any department or agency of the United States any information necessary to enable it to carry out this subsection. Upon request of the co-chairmen of the Board, the head of such department or agency shall furnish such information to the Board. (D) The Board may use the United States mail in the same manner and under the same conditions as other departments and agencies of the United States. (E) The Administrator of General Services shall provide to the Board on a reimbursable basis such administrative support services as the Board may request. (7) Not later than September 30, 1989 (8) The Board shall cease to exist 180 days after submitting its report pursuant to this subsection. (9) The non-Federal share of the cost of carrying out this subsection shall be 25 percent. There is authorized to be appropriated such sums as may be necessary to carry out the Federal share of this subsection for fiscal years beginning after September 30, 1986 October 1, 1990 (c) International advisory group (1) The President shall invite the Government of Canada to join in the formation of an international advisory group whose duty it shall be (A) to develop a bilateral program for improving navigation, through a coordinated strategy, on the Great Lakes, and (B) to conduct investigations on a continuing basis and make recommendations for a system-wide navigation improvement program to facilitate optimum use of the Great Lakes. The advisory group shall be composed of five members representing the United States, five members representing Canada, and two members from the International Joint Commission established by the treaty between the United States and Great Britain relating to boundary waters between the United States and Canada, signed at Washington, January 11, 1909 36 Stat. 2448 (2) The United States representatives to the international advisory group shall serve without pay and the United States representatives to the advisory group who are full time officers or employees of the United States shall receive no additional pay by reason of their service on the advisory group, except that the United States representatives shall be allowed travel or transportation expenses under subchapter I of chapter 57 of title 5 while away from their homes or regular place of business and engaged in the actual performance of duties vested in the advisory group. (3) The international advisory group established by this subsection shall report to Congress and to the Canadian Parliament on its progress in carrying out the duties set forth in this subsection not later than one year after the formation of such group and biennially thereafter. (d) Review of environmental, economic, and social impacts of navigation in United States portion of Great Lakes The Secretary and the Administrator of the Environmental Protection Agency, in cooperation with the Secretary of the Interior, the Administrator of the National Oceanic and Atmospheric Administration, and other appropriate Federal and non-Federal entities, shall carry out a review of the environmental, economic, and social impacts of navigation in the United States portion of the Great Lakes. In carrying out such review, the Secretary and the Administrator shall use existing research, studies, and investigations relating to such impacts to the maximum extent possible. Special emphasis shall be made in such review of the impacts of navigation on the shoreline and on fish and wildlife habitat, including, but not limited to, impacts associated with resuspension of bottom sediment. The Secretary and the Administrator shall submit to Congress an interim report of such review not later than September 30, 1988 September 30, 1990 ( Pub. L. 99662, title XI,  1132 Nov. 17, 1986 100 Stat. 4246 Pub. L. 116260, div. AA, title V,  512(c)(5)(D) Dec. 27, 2020 134 Stat. 2756  Editorial Notes  References in Text Section 5311(b) of title 5 Pub. L. 101509, title V,  529 [title I,  104(c)(1)] Nov. 5, 1990 104 Stat. 1427 Amendments 2020Subsec. (b)(3)(E), (4)(D). Pub. L. 116260 Statutory Notes and Related Subsidiaries Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31  2309a. Project modifications for improvement of environment (a) Determination of need The Secretary is authorized to review water resources projects constructed by the Secretary to determine the need for modifications in the structures and operations of such projects for the purpose of improving the quality of the environment in the public interest and to determine if the operation of such projects has contributed to the degradation of the quality of the environment. (b) Authority to make modifications The Secretary is authorized to carry out a program for the purpose of making such modifications in the structures and operations of water resources projects constructed by the Secretary which the Secretary determines (1) are feasible and consistent with the authorized project purposes, and (2) will improve the quality of the environment in the public interest. (c) Restoration of environmental quality (1) In general If the Secretary determines that construction of a water resources project by the Secretary or operation of a water resources project constructed by the Secretary has contributed to the degradation of the quality of the environment, the Secretary may undertake measures for restoration of environmental quality and measures for enhancement of environmental quality that are associated with the restoration, through modifications either at the project site or at other locations that have been affected by the construction or operation of the project, if such measures do not conflict with the authorized project purposes. (2) Control of sea lamprey Congress finds that (A) the Great Lakes navigation system has been instrumental in the spread of sea lamprey and the associated impacts on its fishery; and (B) the use of the authority under this subsection for control of sea lamprey at any Great Lakes basin location is appropriate. (d) Non-Federal share; limitation on maximum Federal expenditure The non-Federal share of the cost of any modifications or measures carried out or undertaken pursuant to subsection (b) or (c) shall be 25 percent. The non-Federal share may be provided in kind, including a facility, supply, or service that is necessary to carry out the modification or measure. Not more than $10,000,000 in Federal funds may be expended on any single modification or measure carried out or undertaken pursuant to this section. (e) Coordination of actions The Secretary shall coordinate any actions taken pursuant to this section with appropriate Federal, State, and local agencies. (f) Omitted (g) Nonprofit entities Notwithstanding section 1962d5b of title 42 (h) Authorization of appropriations There is authorized to be appropriated not to exceed $50,000,000 annually to carry out this section. (i) Definition In this section, the term water resources project constructed by the Secretary includes a water resources project constructed or funded jointly by the Secretary and the head of any other Federal agency (including the Natural Resources Conservation Service). ( Pub. L. 99662, title XI,  1135 Nov. 17, 1986 100 Stat. 4251 Pub. L. 100676,  41 Nov. 17, 1988 102 Stat. 4040 Pub. L. 101640, title III,  304 Nov. 28, 1990 104 Stat. 4634 Pub. L. 102580, title II,  202 Oct. 31, 1992 106 Stat. 4826 Pub. L. 104303, title II,  204 Oct. 12, 1996 110 Stat. 3678 Pub. L. 10653, title V,  506 Aug. 17, 1999 113 Stat. 338 Pub. L. 106541, title II,  210(c) Dec. 11, 2000 114 Stat. 2592 Pub. L. 110114, title II,  2024 Nov. 8, 2007 121 Stat. 1079 Pub. L. 113121, title I,  1030(f) June 10, 2014 128 Stat. 1232 Pub. L. 115270, title I,  1157(g) Oct. 23, 2018 132 Stat. 3794  Editorial Notes Codification Subsec. (f) of this section, which required the Secretary to transmit biennial reports to Congress on the results of reviews conducted under subsec. (a) of this section and on the programs conducted under subsecs. (b) and (c) of this section, terminated, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31 Section was formerly set out as a note under section 2294 of this title Amendments 2018Subsec. (h). Pub. L. 115270 2014Subsec. (d). Pub. L. 113121 2007Subsec. (h). Pub. L. 110114 2000Subsecs. (g) to (i). Pub. L. 106541 1999Subsec. (c). Pub. L. 10653 1996Subsec. (a). Pub. L. 104303,  204(a) Subsec. (b). Pub. L. 104303,  204(b) Subsecs. (c), (d). Pub. L. 104303,  204(c)(2) Subsec. (e). Pub. L. 104303,  204(c)(1) Subsec. (f). Pub. L. 104303,  204(c)(1) Subsec. (g). Pub. L. 104303,  204(c)(1) Subsec. (h). Pub. L. 104303,  204(d) 1992Subsec. (b). Pub. L. 102580,  202(1) Subsec. (e). Pub. L. 102580,  202(2) 1990Subsec. (a). Pub. L. 101640,  304(a) Subsec. (b). Pub. L. 101640,  304(b) Subsec. (d). Pub. L. 101640,  304(c) Subsec. (e). Pub. L. 101640,  304(d) 1988Subsec. (b). Pub. L. 100676,  41(a) Subsec. (d). Pub. L. 100676,  41(b)  2310. Cost sharing for Territories and Indian tribes (a) In general The Secretary shall waive local cost-sharing requirements up to $200,000 for all studies and projects (1) in American Samoa, Guam, the Northern Mariana Islands, the Virgin Islands, Puerto Rico, and the Trust Territory of the Pacific Islands; (2) for any Indian tribe or tribal organization (as those terms are defined in section 5304 of title 25 (3) for any organization that (A) is composed primarily of people who are (i) recognized and defined under Federal law as indigenous people of the United States; and (ii) from a specific community; and (B) assists in the social, cultural, and educational development of such people in that community. (b) Inflation adjustment The Secretary shall adjust the dollar amount specified in subsection (a) on an annual basis for inflation. (c) Inclusion For purposes of this section, the term study includes a watershed assessment. (d) Application The Secretary shall apply the waiver amount described in subsection (a) to reduce only the non-Federal share of study and project costs. ( Pub. L. 99662, title XI,  1156 Nov. 17, 1986 100 Stat. 4256 Pub. L. 113121, title I,  1032 June 10, 2014 128 Stat. 1233 Pub. L. 114322, title I,  1119 Dec. 16, 2016 130 Stat. 1643 Pub. L. 115270, title I Oct. 23, 2018 132 Stat. 3793 Pub. L. 116260, div. AA, title I,  135 Dec. 27, 2020 134 Stat. 2649 Pub. L. 117263, div. H, title LXXXI,  8114 Dec. 23, 2022 136 Stat. 3707  Editorial Notes Amendments 2022Subsec. (a)(3). Pub. L. 117263,  8114(1) Subsecs. (c), (d). Pub. L. 117263,  8114(2) 2020Subsec. (b). Pub. L. 116260 November 17, 1986 October 23, 2018 2018Subsec. (a)(2). Pub. L. 115270,  1155(a) section 5304 of title 25 section 5130 of title 25 Subsec. (b). Pub. L. 115270,  1156 October 23, 2018 June 10, 2014 2016 Pub. L. 114322,  1119(1) Subsec. (a). Pub. L. 114322,  1119(2) 2014 Pub. L. 113121 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  2311. Report to Congress covering proposals for water impoundment facilities  Any report that is submitted to the Committee on Environment and Public Works of the Senate or the Committee on Public Works and Transportation of the House of Representatives by the Secretary, or the Secretary of Agriculture acting under Public Law 83566 16 U.S.C. 1001 ( Pub. L. 99662, title XII,  1202 Nov. 17, 1986 100 Stat. 4263  Editorial Notes  References in Text Public Law 83566 act Aug. 4, 1954, ch. 656 68 Stat. 666 section 1001 of Title 16 Statutory Notes and Related Subsidiaries  Change of Name Committee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 10414 section 21 of Title 2  2312. Comments on certain changes in operations of reservoirs  Before the Secretary may make changes in the operation of any reservoir which will result in or require a reallocation of storage space in such reservoir or will significantly affect any project purpose, the Secretary shall provide an opportunity for public review and comment. ( Pub. L. 100676,  5 Nov. 17, 1988 102 Stat. 4022  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 1988, 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 Pub. L. 100676 section 2201 of this title  2313. Research and development (a) In general The Secretary is authorized to carry out basic, applied, and advanced research activities as required to aid in the planning, design, construction, operation, and maintenance of water resources development projects and to support the missions and authorities of the Corps of Engineers. (b) Testing and application In carrying out subsection (a), the Secretary is authorized to test and apply technology, tools, techniques, and materials developed pursuant to such subsection, including the testing and application of such technology, tools, techniques, and materials at authorized water resources development projects, in consultation with the non-Federal interests for such projects. (c) Other transactional authority for prototype projects (1) In general In carrying out subsection (b), the Secretary is authorized to enter into transactions (other than contracts, cooperative agreements, or grants) to carry out prototype projects to support basic, applied, and advanced research activities that are directly relevant to the civil works missions and authorities of the Corps of Engineers. (2) Follow-on production transactions A transaction entered into under paragraph (1) for a prototype project may provide for the award of a follow-on production contract or transaction to the participants in the transaction in accordance with the requirements of section 4022 of title 10 (3) Guidance Prior to entering into the first transaction under this subsection, the Secretary shall issue guidance for entering into transactions under this subsection (including guidance for follow-on production contracts or transactions under paragraph (2)). (4) Conditions In carrying out this subsection, the Secretary shall ensure that (A) competitive procedures are used to the maximum extent practicable to award each transaction; and (B) at least one of the following conditions is met with respect to each transaction: (i) The prototype project includes significant participation by at least one nonprofit research institution or nontraditional defense contractor, as that term is defined in section 3014 of title 10 (ii) All significant participants in the transaction other than the Federal Government are small business concerns, as that term is used in section 632 of title 15 section 638 of title 15 (iii) At least one-third of the total cost of the prototype project is to be paid out of funds provided by sources other than the Federal Government. (iv) The Head of the Contracting Activity for the Corps of Engineers submits to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a notification that exceptional circumstances justify the use of a transaction that provides for innovative business arrangements or structures that would not be feasible or appropriate under a contract, cooperative agreement, or grant. (5) Notification Not later than 30 days before the Secretary enters into a transaction under paragraph (1), the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of (A) the dollar amount of the transaction; (B) the entity carrying out the prototype project that is the subject of the transaction; (C) the justification for the transaction; and (D) as applicable, the water resources development project where the prototype project will be carried out. (6) Report Not later than 4 years after December 23, 2022 (7) Comptroller General access to information (A) Examination of records Each transaction entered into under this subsection shall provide for mandatory examination by the Comptroller General of the United States of the records of any party to the transaction or any entity that participates in the performance of the transaction. (B) Limitations (i) Parties and entities Examination of records by the Comptroller General pursuant to subparagraph (A) shall be limited as provided under clause (ii) in the case of a party to the transaction, an entity that participates in the performance of the transaction, or a subordinate element of that party or entity if the only transactions that the party, entity, or subordinate element entered into with Government entities in the year prior to the date of that transaction were entered into under paragraph (1) or under section 4021 or 4022 of title 10. (ii) Records The only records of a party, other entity, or subordinate element referred to in clause (i) that the Comptroller General may examine pursuant to subparagraph (A) are records of the same type as the records that the Government has had the right to examine under the audit access clauses of the previous transactions referred to in such clause that were entered into by that particular party, entity, or subordinate element. (C) Waiver The Head of the Contracting Activity for the Corps of Engineers may waive the applicability of subparagraph (A) to a transaction if the Head of the Contracting Activity for the Corps of Engineers (i) determines that it would not be in the public interest to apply the requirement to the transaction; and (ii) transmits to the Committee on Environment and Public Works of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Comptroller General, before the transaction is entered into, a notification of the waiver, including the rationale for the determination under clause (i). (D) Timing The Comptroller General may not examine records pursuant to subparagraph (A) more than 3 years after the final payment is made by the United States under the transaction. (E) Report Not later than 1 year after December 23, 2022 (8) Termination of authority The authority to enter into a transaction under this subsection shall terminate on December 31, 2028 (d) Coordination and consultation In carrying out this section, the Secretary may coordinate and consult with Federal agencies, State and local agencies, Indian Tribes, universities, consortiums, councils, and other relevant entities that will aid in the planning, design, construction, operation, and maintenance of water resources development projects. (e) Annual report (1) In general For fiscal year 2025, and annually thereafter, in conjunction with the annual budget submission of the President to Congress under section 1105(a) of title 31 (2) Contents Each report under paragraph (1) shall include (A) a description of each ongoing and new activity or project, including (i) the estimated total cost of the activity or project; (ii) the amount of Federal expenditures for the activity or project; (iii) the amounts provided by a non-Federal party to a transaction described in subsection (c), if applicable; (iv) the estimated timeline for completion of the activity or project; (v) the requesting district of the Corps of Engineers, if applicable; and (vi) how the activity or project is consistent with subsection (a); and (B) any additional information that the Secretary determines to be appropriate. (f) Savings clause Nothing in this section affects the authority of the Secretary to carry out, through the Engineer Research and Development Center, any activity requested by a district of the Corps of Engineers in support of a water resources development project or feasibility study (as defined in section 2215(d) of this title (g) Establishment of account The Secretary, in consultation with the Director of the Office of Management and Budget, shall establish a separate appropriations account for administering funds made available to carry out this section. ( Pub. L. 100676,  7 Nov. 17, 1988 102 Stat. 4022 Pub. L. 104303, title II,  214 Oct. 12, 1996 110 Stat. 3684 Pub. L. 117263, div. H, title LXXXI,  8160(a) Dec. 23, 2022 136 Stat. 3741  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 1988, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 2022 Pub. L. 117263 1996Subsec. (a). Pub. L. 104303,  214(a)(1) Subsecs. (b), (c). Pub. L. 104303,  214(b)(1) Subsec. (d). Pub. L. 104303,  214(b)(1) Subsec. (e). Pub. L. 104303,  214(b)(1) Pub. L. 104303,  214(a)(2) General Investigations 102 Stat. 857 Subsec. (f). Pub. L. 104303,  214(b)(1) Statutory Notes and Related Subsidiaries Magnetic Levitation Technology Pub. L. 101640, title IV,  417 Nov. 28, 1990 104 Stat. 4652  (a)  Research and Development The Secretary is authorized, in cooperation with the Secretary of Transportation, to conduct research and development activities on magnetic levitation technology or to provide for such research and development. (b)  Collaboration The Secretary is authorized to collaborate with non-Federal entities (including State and local governments, colleges and universities, and corporations, partnerships, sole proprietorships, and trade associations which are incorporated or established under laws of a State or the District of Columbia) in carrying out research and development on magnetic levitation technology. (c)  Cooperative Research Contracts In carrying out this section, the Secretary may enter into contracts or cooperative research and development agreements under section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3710a (d)  Licensing of Research and Development The research, development, and use of any technology developed under an agreement entered into pursuant to this section, including the terms under which such technology may be licensed and the resulting royalties may be distributed, shall be subject to the provisions of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3701371 (e)  Authorization of Appropriations For purposes of carrying out this section, there is authorized to be appropriated $1,000,000 for fiscal year 1990 and $4,000,000 for fiscal year 1991. Such funds shall remain available until expended. No funds are authorized to be appropriated under this section for any fiscal year beginning after September 30, 1991  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 100676 section 2201 of this title  2313a. Engineering and environmental innovations of national significance (a) Surveys, plans, and studies To encourage innovative and environmentally sound engineering solutions and innovative environmental solutions to problems of national significance, the Secretary may undertake surveys, plans, and studies and prepare reports that may lead to work under existing civil works authorities or to recommendations for authorizations. (b) Funding (1) Authorization of appropriations There is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 1997 through 2000. (2) Funding from other sources The Secretary may accept and expend additional funds from other Federal agencies, States, or non-Federal entities for purposes of carrying out this section. ( Pub. L. 104303, title II,  212 Oct. 12, 1996 110 Stat. 3684  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 1996, 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 Pub. L. 104303 section 2201 of this title  2313b. Support of Army civil works program (a) General authority In carrying out research and development in support of the civil works program of the Department of the Army, the Secretary may utilize contracts, cooperative research and development agreements, cooperative agreements, and grants with non-Federal entities, including State and local governments, colleges and universities, consortia, professional and technical societies, public and private scientific and technical foundations, research institutions, educational organizations, and nonprofit organizations. (b) Commercial application With respect to contracts for research and development, the Secretary may include requirements that have potential commercial application and may use such potential application as an evaluation factor where appropriate. ( Pub. L. 104303, title II,  229 Oct. 12, 1996 110 Stat. 3703  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 1996, 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 Pub. L. 104303 section 2201 of this title  2314. Innovative technology (a) Use The Secretary shall, whenever feasible, seek to promote long- and short-term cost savings, increased efficiency, reliability, and safety, and improved environmental results through the use of innovative technology in all phases of water resources development projects and programs under the Secretarys jurisdiction. To further this goal, Congress encourages the Secretary to (1) use procurement and contracting procedures that encourage innovative project design, construction, rehabilitation, repair, and operation and maintenance technologies; (2) frequently review technical and design criteria to remove or modify unnecessary impediments to innovation; (3) increase timely exchange of technical information with universities, private companies, government agencies, and individuals; (4) foster design competition; and (5) encourage greater participation by non-Federal project sponsors in the development and implementation of projects. (b) Accelerated adoption of innovative technologies for management of contaminated sediments (1) Test projects The Secretary shall approve an appropriate number of projects to test, under actual field conditions, innovative technologies for environmentally sound management of contaminated sediments. (2) Demonstration projects The Secretary may approve an appropriate number of projects to demonstrate innovative technologies that have been pilot tested under paragraph (1). (3) Conduct of projects Each pilot project under paragraph (1) and demonstration project under paragraph (2) shall be conducted by a university with proven expertise in the research and development of contaminated sediment treatment technologies and innovative applications using waste materials. (4) Location At least 1 of the projects under this subsection shall be conducted in New England by the University of New Hampshire. (c) Reports Within 2 years after November 17, 1988 (d) Innovative technology defined For the purpose of this section, the term innovative technology means designs, methods, or materials, including roller compacted concrete, geosynthetic materials, and advanced composites, that the Secretary determines are appropriate to carry out this section. ( Pub. L. 100676,  8 Nov. 17, 1988 102 Stat. 4023 Pub. L. 10653, title V,  503(b) Aug. 17, 1999 113 Stat. 337 Pub. L. 113121, title III,  3021 June 10, 2014 128 Stat. 1301  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 1988, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 2014Subsec. (d). Pub. L. 113121 1999Subsecs. (b) to (d). Pub. L. 10653 Statutory Notes and Related Subsidiaries Design-Build Contracting Pub. L. 106541, title II,  221 Dec. 11, 2000 114 Stat. 2596 Dec. 11, 2000 Review of Innovative Dredging Technologies Pub. L. 10653, title V,  503(a) Aug. 17, 1999 113 Stat. 337  (1)  In general Not later than June 1, 2001 (2)  Testing. (A)  Selection of technology After completion of the review under paragraph (1), the Secretary shall select, from among the technologies reviewed, the technology that the Secretary determines will best increase the effectiveness of removing contaminated sediments and significantly reduce contamination of the water column. (B)  Agreement Not later than December 31, 2001 (3)  Authorization of appropriations There is authorized to be appropriated to carry out this subsection $2,000,000. Beneficial Use of Waste Tire Rubber Pub. L. 10653, title V,  561 Aug. 17, 1999 113 Stat. 355  (a)  In General The Secretary shall, when appropriate, encourage the beneficial use of waste tire rubber (including crumb rubber and baled tire products) recycled from tires. (b)  Included Beneficial Uses Beneficial uses under subsection (a) may include marine pilings, underwater framing, floating docks with built-in flotation, utility poles, and other uses associated with transportation and infrastructure projects receiving Federal funds. (c)  Use of Waste Tire Rubber The Secretary shall encourage the use, when appropriate, of waste tire rubber (including crumb rubber) in projects described in subsection (b).  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 100676 section 2201 of this title  2314a. Technical assistance program (a) In general The Secretary is authorized to provide technical assistance, on a nonexclusive basis, to any United States firm which is competing for, or has been awarded, a contract for the planning, design, or construction of a project outside the United States, if the United States firm provides, in advance of fiscal obligation by the United States, funds to cover all costs of such assistance. In determining whether to provide such assistance, the Secretary shall consider the effects on the Department of the Army civil works mission, personnel, and facilities. Prior to the Secretary providing such assistance, a United States firm must (1) certify to the Secretary that such assistance is not otherwise reasonably and expeditiously available; and (2) agree to hold and save the United States free from damages due to the planning, design, construction, operation, or maintenance of the project. (b) Federal employees inventions As to an invention made or conceived by a Federal employee while providing assistance pursuant to this section, if the Secretary decides not to retain all rights in such invention, the Secretary may (1) grant or agree to grant in advance, to a United States firm, a patent license or assignment, or an option thereto, retaining a nonexclusive, nontransferable, irrevocable, paid-up license to practice the invention or have the invention practiced throughout the world by or on behalf of the United States and such other rights as the Secretary deems appropriate; or (2) waive, subject to reservation by the United States of a nonexclusive, irrevocable, paid-up license to practice the invention or have the invention practiced throughout the world by or on behalf of the United States, in advance, in whole, or in part, any right which the United States may have to such invention. (c) Protection of confidential information Information of a confidential nature, such as proprietary or classified information, provided to a United States firm pursuant to this section shall be protected. Such information may be released by a United States firm only after written approval by the Secretary. (d) Definitions For purposes of this section (1) United States firm The term United States firm means a corporation, partnership, limited partnership, or sole proprietorship that is incorporated or established under the laws of any of the United States with its principal place of business in the United States. (2) United States The term United States, when used in a geographical sense, means the several States of the United States and the District of Columbia. ( Pub. L. 100676,  9 Nov. 17, 1988 102 Stat. 4024 Pub. L. 101640, title III,  318(c) Nov. 28, 1990 104 Stat. 4642  Editorial Notes Codification Section was formerly set out as a note under section 2314 of this title Section was enacted as part of the Water Resources Development Act of 1988, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 1990 Pub. L. 101640,  318(c)(1) Subsec. (a). Pub. L. 101640,  318(c)(2) Subsecs. (d), (e). Pub. L. 101640,  318(c)(3) Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 100676 section 2201 of this title  2314b. Advanced modeling technologies (a) In general To the greatest extent practicable, the Secretary shall encourage and incorporate advanced modeling technologies, including 3-dimensional digital modeling, that can expedite project delivery or improve the evaluation of water resources development projects that receive Federal funding by (1) accelerating and improving the environmental review process; (2) increasing effective public participation; (3) enhancing the detail and accuracy of project designs; (4) increasing safety; (5) accelerating construction and reducing construction costs; or (6) otherwise achieving the purposes described in paragraphs (1) through (5). (b) Activities In carrying out subsection (a), the Secretary, to the greatest extent practicable, shall (1) compile information related to advanced modeling technologies, including industry best practices with respect to the use of the technologies; (2) disseminate to non-Federal interests the information described in paragraph (1); and (3) promote the use of advanced modeling technologies. ( Pub. L. 113121, title I,  1034 June 10, 2014 128 Stat. 1234  Editorial Notes Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, 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 Pub. L. 113121 section 2201 of this title  2315. Periodic statements  Upon receipt of a request from a non-Federal sponsor of a water resources development project under construction by the Secretary, the Secretary shall provide such sponsor with periodic statements of project expenditures. Such statements shall include an estimate of all Federal and non-Federal funds expended by the Secretary, including overhead expenditures, the purpose for expenditures, and a schedule of anticipated expenditures during the remaining period of construction. Statements shall be provided to the sponsor at intervals of no greater than 6 months. ( Pub. L. 100676,  10 Nov. 17, 1988 102 Stat. 4024  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 1988, 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 Pub. L. 100676 section 2201 of this title  2315a. Transparency in accounting and administrative expenses  On the request of a non-Federal interest, the Secretary shall provide to the non-Federal interest a detailed accounting of the Federal expenses associated with a water resources project. ( Pub. L. 113121, title I,  1012(a) June 10, 2014 128 Stat. 1218  Editorial Notes Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, 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 Pub. L. 113121 section 2201 of this title  2315b. Transparency and accountability in cost sharing for water resources development projects (a) Definition of balance sheet In this section, the term balance sheet means a document that describes (1) the funds provided by each Federal and non-Federal interest for a water resources development project; and (2) the status of those funds. (b) Establishment of balance sheet Each district of the Corps of Engineers shall, using the authority of the Secretary under section 2315 of this title (1) maintain a balance sheet for each water resources development project carried out by the Secretary for which a non-Federal cost share is required; and (2) on request of a non-Federal interest that provided funds for the project, provide to the non-Federal interest a copy of the balance sheet. (c) Under-budget projects In the case of a water resources development project carried out by the Secretary that is completed at a cost less than the estimated cost, the Secretary shall transfer any excess non-Federal funds to the non-Federal interest in accordance with the cost-share requirement applicable to the project. ( Pub. L. 115270, title I,  1120 Oct. 23, 2018 132 Stat. 3777  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 2018, and also as part of the Americas Water Infrastructure Act of 2018, 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 102 of Pub. L. 115270 section 2201 of this title  2316. Environmental protection mission (a) General rule The Secretary shall include environmental protection as one of the primary missions of the Corps of Engineers in planning, designing, constructing, operating, and maintaining water resources projects. (b) Limitation Nothing in this section affects (1) existing Corps of Engineers authorities, including its authorities with respect to navigation and flood control; (2) pending Corps of Engineers permit applications or pending lawsuits involving permits or water resources projects; or (3) the application of public interest review procedures for Corps of Engineers permits. ( Pub. L. 101640, title III,  306 Nov. 28, 1990 104 Stat. 4635  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 1990, 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 Pub. L. 101640 section 2201 of this title  2317. Wetlands (a) Goals and action plan (1) Goals There is established, as part of the Corps of Engineers water resources development program, an interim goal of no overall net loss of the Nations remaining wetlands base, as defined by acreage and function, and a long-term goal to increase the quality and quantity of the Nations wetlands, as defined by acreage and function. (2) Use of authorities The Secretary shall utilize all appropriate authorities, including those to restore and create wetlands, in meeting the interim and long-term goals. (3) Action plan (A) Development The Secretary shall develop, in consultation with the Environmental Protection Agency, the Fish and Wildlife Service, and other appropriate Federal agencies, a wetlands action plan to achieve the goals established by this subsection as soon as possible. (B) Contents The plan shall include and identify actions to be taken by the Secretary in achieving the goals and any new authorities which may be necessary to accelerate attainment of the goals. (C) Completion deadline The Secretary shall complete the plan not later than 1 year after November 28, 1990 (b) Constructed wetlands for Mud Creek, Arkansas Notwithstanding any other provision of law, the Secretary is authorized and directed to establish and carry out a research and pilot project to evaluate and demonstrate (1) the use of constructed wetlands for wastewater treatment, and (2) methods by which such projects contribute (A) to meeting the objective of the Federal Water Pollution Control Act [ 33 U.S.C. 1251 (B) to attaining the goals established by subsection (a). The project under this subsection shall be carried out to improve the quality of effluent discharged from publicly owned treatment works operated by the city of Fayetteville, Arkansas, into Mud Creek or its tributaries. (c) Non-Federal responsibilities For the project conducted under subsection (b), the non-Federal interest shall agree (1) to provide, without cost to the United States, all lands, easements, rights-of-way, relocations, and dredged material disposal areas necessary for construction and subsequent research and demonstration work; (2) to hold and save the United States free from damages due to construction, operation, and maintenance of the project, except damages due to the fault or negligence of the United States or its contractors; and (3) to operate and maintain the restored or constructed wetlands in accordance with good management practices; except that nothing in this paragraph shall be construed as precluding a Federal agency from agreeing to operate and maintain the restored or reconstructed wetlands. The value of the non-Federal lands, easements, rights-of-way, relocations, and dredged material disposal areas provided by the non-Federal interest shall be credited toward the non-Federal share of project design and construction costs. The non-Federal share of project design and construction costs shall be 25 percent. (d) Wetlands restoration and enhancement demonstration program (1) Establishment and implementation The Secretary, in consultation with the Administrator, is authorized to establish and implement a demonstration program for the purpose of determining the feasibility of wetlands restoration, enhancement, and creation as a means of contributing to the goals established by subsection (a). (2) Goal The goal of the program under this subsection shall be to establish a limited number of demonstration wetlands restoration, enhancement, and creation areas in districts of the Corps of Engineers for the purpose of evaluating the technical and scientific long-term feasibility of such areas as a means of contributing to the attainment of the goals established by subsection (a). Federal and State land-owning agencies and private parties may contribute to such areas. (3) Factors to consider In establishing the demonstration program under this subsection, the Secretary shall consider (A) past experience with wetlands restoration, enhancement, and creation; (B) the appropriate means of measuring benefits of compensatory mitigation activities, including enhancement or restoration of existing wetlands or creation of wetlands; (C) the appropriate geographic scope for which wetlands loss may be offset by restoration, enhancement, and creation efforts; (D) the technical feasibility and scientific likelihood that wetlands can be successfully restored, enhanced, and created; (E) means of establishing liability for, and long-term ownership of, wetlands restoration, enhancement, and creation areas; and (F) responsibilities for short- and long-term project monitoring. (4) Reporting (A) To the Chief of Engineers The district engineer for each district of the Corps of Engineers in which a wetlands restoration, enhancement, and creation area is established under this subsection shall transmit annual reports to the Chief of Engineers describing the amount and value of wetlands restored, enhanced, and created for the area and a summary of whether the area is contributing to the goal established in paragraph (2). (B) To Congress Not later than 3 years after November 28, 1990 (5) Effect on other laws Nothing in this subsection affects any requirements under section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 section 403 of this title (e) Training and certification of delineators (1) In general The Secretary is authorized to establish a program for the training and certification of individuals as wetlands delineators. As part of such program, the Secretary shall carry out demonstration projects in districts of the Corps of Engineers. The program shall include training and certification of delineators and procedures for expediting consideration and acceptance of delineations performed by certified delineators. (2) Reports The Secretary shall transmit to Congress periodic reports concerning the status of the program and any recommendations on improving the content and implementation of the Federal Manual for Identifying and Delineating Jurisdictional Wetlands. ( Pub. L. 101640, title III,  307 Nov. 28, 1990 104 Stat. 4635  Editorial Notes  References in Text The Federal Water Pollution Control Act, referred to in subsec. (b)(2)(A), is act June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 816 section 1251 of this title Codification Section was enacted as part of the Water Resources Development Act of 1990, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Statutory Notes and Related Subsidiaries Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31 Wetlands Enhancement Opportunities Pub. L. 101640, title IV,  409 Nov. 28, 1990 104 Stat. 4648 Not later than January 20, 1992  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 101640 section 2201 of this title  2317a. Cooperative agreements (a) In general For the purpose of expediting the cost-effective design and construction of wetlands restoration that is part of an authorized water resources project, the Secretary may enter into cooperative agreements under section 6305 of title 31 (b) Limitations (1) Per project limit A cooperative agreement under this section may not obligate the Secretary to pay the nonprofit organization more than $1,000,000 for any single wetlands restoration project. (2) Annual limit The total value of work carried out under cooperative agreements under this section may not exceed $5,000,000 in any fiscal year. ( Pub. L. 110114, title II,  2015 Nov. 8, 2007 121 Stat. 1076  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 2007, 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 Pub. L. 110114 section 2201 of this title  2317b. Mitigation banks and in-lieu fee arrangements (1) In general Not later than 180 days after December 16, 2016 (2) Requirements All potential mitigation bank and in-lieu fee credits that meet the criteria under paragraph (1) shall be considered a reasonable alternative for planning purposes if (A) the applicable mitigation bank (i) has an approved mitigation banking instrument; and (ii) has completed a functional analysis of the potential credits using the approved Corps of Engineers certified habitat assessment model specific to the region; and (B) the Secretary determines that the use of such banks or in-lieu fee programs provide reasonable assurance that the statutory (and regulatory) mitigation requirements for a water resources development project are met, including monitoring or demonstrating mitigation success. (3) Effect Nothing in this subsection (A) modifies or alters any requirement for a water resources development project to comply with applicable laws or regulations, including section 2283 of this title (B) shall be construed as to limit mitigation alternatives or require the use of mitigation banks or in-lieu fee programs. ( Pub. L. 110114, title II,  2036(c) Nov. 8, 2007 121 Stat. 1094 Pub. L. 114322, title I,  1163 Dec. 16, 2016 130 Stat. 1669  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 2016 Pub. L. 114322 Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 110114 section 2201 of this title  2318. Flood plain management (a) Exclusion of elements from benefit-cost analysis The Secretary shall not include in the benefit base for justifying Federal flood damage reduction projects (1) (A) any new or substantially improved structure (other than a structure necessary for conducting a water-dependent activity) built in the 100-year flood plain with a first floor elevation less than the 100-year flood elevation after July 1, 1991 (B) in the case of a county substantially located within the 100-year flood plain, any new or substantially improved structure (other than a structure necessary for conducting a water-dependent activity) built in the 10-year flood plain after July 1, 1991 (2) any structure which becomes located in the 100-year flood plain with a first floor elevation less than the 100-year flood elevation or in the 10-year flood plain, as the case may be, by virtue of constrictions placed in the flood plain after July 1, 1991 (b) Flood damage reduction benefits (1) In general In calculating the benefits of a proposed project for nonstructural flood damage reduction, the Secretary shall calculate the benefits of the nonstructural project using methods similar to those used for calculating the benefits of structural projects, including similar treatment in calculating the benefits from losses avoided. (2) Avoidance of double counting In carrying out paragraph (1), the Secretary should avoid double counting of benefits. (c) Counties substantially located within 100-year flood plain For the purposes of subsection (a), a county is substantially located within the 100-year flood plain (1) if the county is comprised of lands of which 50 percent or more are located in the 100-year flood plain; and (2) if the Secretary determines that application of the requirement contained in subsection (a)(1)(A) with respect to the county would unreasonably restrain continued economic development or unreasonably limit the availability of needed flood control measures. (d) Cost sharing Not later than January 1, 1992 42 U.S.C. 4001 (e) Regulations Not later than 6 months after the date on which a report is transmitted to Congress under subsection (c), the Secretary, in consultation with the Director of the Federal Emergency Management Agency, shall issue regulations to implement subsection (a). Such regulations shall define key terms, such as new or substantially improved structure, constriction, 10-year flood plain, and 100-year flood plain. (f) Applicability The provisions of this section shall not apply to any project, or separable element thereof, for which a final report of the Chief of Engineers has been forwarded to the Secretary before the last day of the 6-month period beginning on the date on which regulations are issued pursuant to subsection (a) but not later than July 1, 1993 ( Pub. L. 101640, title III,  308 Nov. 28, 1990 104 Stat. 4638 Pub. L. 10653, title II,  219(a) Aug. 17, 1999 113 Stat. 294  Editorial Notes  References in Text The National Flood Insurance Act of 1968, referred to in subsec. (d), is title XIII of Pub. L. 90448 Aug. 1, 1968 82 Stat. 572 section 4001 of Title 42 Codification Section was enacted as part of the Water Resources Development Act of 1990, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 1999Subsec. (a). Pub. L. 10653,  219(a)(1) Subsecs. (b) to (d). Pub. L. 10653,  219(a)(2) Subsec. (e). Pub. L. 10653,  219(a)(2) Subsec. (f). Pub. L. 10653,  219(a)(2) Statutory Notes and Related Subsidiaries  Change of Name References to the Director of the Federal Emergency Management Agency to be considered to refer and apply to the Administrator of the Federal Emergency Management Agency, see section 612(c) of Pub. L. 109295 section 313 of Title 6  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 For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director 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 section 542 of Title 6 Reevaluation of Flood Control Projects Pub. L. 10653, title II,  219(b) Aug. 17, 1999 113 Stat. 295 At the request of a non-Federal interest for a flood control project, the Secretary shall conduct a reevaluation of a project authorized before the date of enactment of this Act [ Aug. 17, 1999  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 101640 section 2201 of this title  2319. Reservoir management  The Secretary shall ensure that, in developing or revising reservoir operating manuals of the Corps of Engineers, the Corps shall provide significant opportunities for public participation, including opportunities for public hearings. The Secretary shall issue regulations to implement this section, including a requirement that all appropriate informational materials relating to proposed management decisions of the Corps be made available to the public sufficiently in advance of public hearings. Not later than January 1, 1992 ( Pub. L. 101640, title III,  310 Nov. 28, 1990 104 Stat. 4639 Pub. L. 104303, title II,  233 Oct. 12, 1996 110 Stat. 3704  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 1990, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 1996Subsec. (a). Pub. L. 104303,  233(1) November 28, 1990 Subsec. (b). Pub. L. 104303,  233(2) Public Participation Statutory Notes and Related Subsidiaries Forecast-Informed Reservoir Operations Pub. L. 117263, div. H, title LXXXI,  8303(c) Dec. 23, 2022 136 Stat. 3777  (1)  In general The Secretary [of the Army] is authorized to carry out a research study pilot program at 1 or more dams owned and operated by the Secretary in the North Atlantic Division of the Corps of Engineers to assess the viability of forecast-informed reservoir operations in the eastern United States. (2)  Report Not later than 1 year after completion of the research study pilot program under paragraph (1), 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 on the results of the research study pilot program. Dam Optimization Pub. L. 113121, title I,  1046(a) June 10, 2014 128 Stat. 1251  (1)  Definition of project In this subsection, the term project means a water resources development project that is operated and maintained by the Secretary [of the Army]. (2)  Reports. (A)  Assessment of water supply in arid regions. (i)  In general The Secretary shall conduct an assessment of the management practices, priorities, and authorized purposes at Corps of Engineers reservoirs in arid regions to determine the effects of such practices, priorities, and purposes on water supply during periods of drought. (ii)  Inclusions The assessment under clause (i) shall identify actions that can be carried out within the scope of existing authorities of the Secretary to increase project flexibility for the purpose of mitigating drought impacts. (iii)  Report Not later than 1 year after the date of enactment of this Act [ June 10, 2014 (B)  Updated report. (i)  In general Not later than 2 years after the date of enactment of this Act, the Secretary shall update and make publicly available the report entitled Authorized and Operating Purposes of Corps of Engineers Reservoirs and dated July 1992, which was produced pursuant to section 311 of the Water Resources Development Act of 1990 [ Pub. L. 101640 104 Stat. 4639 (ii)  Inclusions The updated report described in clause (i) shall (I) include (aa) the date on which the most recent review of project operations was conducted and any recommendations of the Secretary relating to that review the Secretary determines to be significant; (bb) the activities carried out pursuant to each such review to improve the efficiency of operations and maintenance and to improve project benefits consistent with authorized purposes; (cc) the degree to which reviews of project operations and subsequent activities pursuant to completed reviews complied with the policies and requirements of applicable law and regulations; and (dd) a plan for reviewing the operations of individual projects, including a detailed schedule for future reviews of project operations, that (AA) complies with the polices and requirements of applicable law and regulations; (BB) gives priority to reviews and activities carried out pursuant to such plan where the Secretary determines that there is support for carrying out those reviews and activities; and (CC) ensures that reviews and activities are carried out pursuant to such plan; (II) be coordinated with appropriate Federal, State, and local agencies and those public and private entities that the Secretary determines may be affected by those reviews or activities; (III) not supersede or modify any written agreement between the Federal Government and a non-Federal interest that is in effect on the date of enactment of this Act [ June 10, 2014 (IV) not supersede or authorize any amendment to a multistate water control plan, including the Missouri River Master Water Control Manual (as in effect on the date of enactment of this Act); (V) not affect any water right in existence on the date of enactment of this Act; (VI) not preempt or affect any State water law or interstate compact governing water; (VII) not affect any authority of a State, as in effect on the date of enactment of this Act, to manage water resources within that State; and (VIII) comply with section 301 of the Water Supply Act of 1958 ( 43 U.S.C. 390b (3)  General accountability office report to congress The Comptroller General shall (A) conduct an audit to determine (i) whether reviews of project operations carried out by the Secretary prior to the date of enactment of this Act complied with the policies and requirements of applicable law and regulations; and (ii) whether the plan developed by the Secretary pursuant to paragraph (2)(B)(ii)(I)(dd) complies with this subsection and with the policies and requirements of applicable law and regulation; and (B) not later than 2 years after the date of enactment of this Act, submit to Congress a report that (i) summarizes the results of the audit required by subparagraph (A); (ii) includes an assessment of whether existing practices for managing and reviewing project operations could result in greater efficiencies that would enable the Corps of Engineers to better prepare for, contain, and respond to flood, storm, and drought conditions; and (iii) includes recommendations for improving the review of project operations to improve the efficiency and effectiveness of such operations and to better achieve authorized purposes while enhancing overall project benefits. (4)  Interagency and cooperative agreements The Secretary may enter into interagency agreements with other Federal agencies and cooperative agreements with non-Federal entities to carry out this subsection and reviews of project operations or activities resulting from those reviews. (5)  Funding. (A)  In general The Secretary may use to carry out this subsection, including any reviews of project operations identified in the plan developed under paragraph (2)(B)(ii)(I)(dd), amounts made available to the Secretary. (B)  Funding from other sources The Secretary may accept and expend amounts from non-Federal entities and other Federal agencies to carry out this subsection and reviews of project operations or activities resulting from those reviews. (6)  Effect of subsection. (A)  In general Nothing in this subsection changes the authorized purpose of any Corps of Engineers dam or reservoir. (B)  Administration The Secretary may carry out any recommendations and activities under this subsection pursuant to existing law.  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 101640 section 2201 of this title  2320. Protection of recreational and commercial uses (a) General rule In planning any water resources project, the Secretary shall consider the impact of the project on existing and future recreational and commercial uses in the area surrounding the project. (b) Maintenance Whenever the Secretary maintains, repairs, rehabilitates, or reconstructs a water resources project which will result in a change in the configuration of a structure which is a part of such project, the Secretary, to the maximum extent practicable, shall carry out such maintenance, repair, rehabilitation, or reconstruction in a manner which will not adversely affect any recreational use established with respect to such project before the date of such maintenance, repair, rehabilitation, or reconstruction. (c) Mitigation (1) In general If maintenance, repair, rehabilitation, or reconstruction of a water resources project by the Secretary results in a change in the configuration of any structure which is a part of such project and has an adverse effect on a recreational use established with respect to such project before the date of such maintenance, repair, rehabilitation, or reconstruction, the Secretary, to the maximum extent practicable, shall take such actions as may be necessary to restore such recreational use or provide alternative opportunities for comparable recreational use. (2) Maximum amount The Secretary may not expend more than $2,000,000 in a fiscal year to carry out this subsection. (3) Termination date This subsection shall not be effective after the last day of the 5-year period beginning on November 28, 1990 (d) Applicability (1) General rule Subsections (b) and (c) shall apply to maintenance, repair, rehabilitation, or reconstruction for which physical construction is initiated after May 1, 1988 (2) Limitation Subsections (b) and (c) shall not apply to any action of the Secretary which is necessary to discontinue the operation of a water resources project. (e) Cost sharing Costs incurred by the Secretary to carry out the objectives of this section shall be allocated to recreation and shall be payable by the beneficiaries of the recreation. ( Pub. L. 101640, title III,  313 Nov. 28, 1990 104 Stat. 4640  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 1990, 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 Pub. L. 101640 section 2201 of this title  2321. Operation and maintenance of navigation and hydroelectric facilities (a) In general Activities currently performed by personnel under the direction of the Secretary in connection with the operation and maintenance of navigation or hydroelectric power generating facilities at Corps of Engineers water resources projects are to be considered as inherently governmental functions and not commercial activities. (b) Major maintenance contracts allowed This section does not prohibit contracting out major maintenance or other functions which are currently contracted out or studying services not directly connected with project maintenance and operations. (c) Exclusion This section does not (1) apply to a navigation facility that was under contract on or before October 23, 2018 (2) prohibit the Secretary from contracting out commercial activities after October 23, 2018 ( Pub. L. 101640, title III,  314 Nov. 28, 1990 104 Stat. 4641 Pub. L. 115270, title I,  1151(a) Oct. 23, 2018 132 Stat. 3787  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 1990, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 2018 Pub. L. 115270 Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 101640 section 2201 of this title  2321a. Hydroelectric power project uprating (a) In general In carrying out the operation, maintenance, rehabilitation, and modernization of a hydroelectric power generating facility at a water resources project under the jurisdiction of the Department of the Army, the Secretary may, to the extent funds are made available in appropriations Acts or in accordance with subsection (c), take such actions as are necessary to optimize the efficiency of energy production or increase the capacity of the facility, or both, if, after consulting with the heads of other appropriate Federal and State agencies, the Secretary determines that such actions (1) are economically justified and financially feasible; (2) will not result in any significant adverse effect on the other purposes for which the project is authorized; (3) will not result in significant adverse environmental impacts; (4) will not involve major structural or operational changes in the project; and (5) will not adversely affect the use, management, or protection of existing Federal, State, or tribal water rights. (b) Consultation Before proceeding with any proposed uprating under subsection (a), the Secretary shall provide affected State, tribal, and Federal agencies with a copy of the proposed determinations under subsection (a). If the agencies submit comments, the Secretary shall accept those comments or respond in writing to any objections those agencies raise to the proposed determinations. (c) Use of funds provided by preference customers In carrying out this section, the Secretary may accept and expend funds provided by preference customers under Federal law relating to the marketing of power. (d) Application This section does not apply to any facility of the Department of the Army that is authorized to be funded under section 839d1 of title 16 (e) Effect on other authority This section shall not affect the authority of the Secretary and the Administrator of the Bonneville Power Administration under section 839d1 of title 16 ( Pub. L. 104303, title II,  216 Oct. 12, 1996 110 Stat. 3694 Pub. L. 106541, title II,  212 Dec. 11, 2000 114 Stat. 2593  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 1996, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 2000Subsec. (a). Pub. L. 106541,  212(1) Subsec. (a)(1). Pub. L. 106541,  212(1) Subsec. (b). Pub. L. 106541,  212(2) Subsecs. (c) to (e). Pub. L. 106541,  212(3) Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 104303 section 2201 of this title  2321b. Expediting hydropower at Corps of Engineers facilities (a) Policy Congress declares that it is the policy of the United States that (1) the development of non-Federal hydroelectric power at Corps of Engineers water resources development projects, including locks and dams, shall be given priority; (2) Corps of Engineers approval of non-Federal hydroelectric power at Corps of Engineers water resources development projects, including permitting required under section 408 of this title (3) approval of hydropower at Corps of Engineers water resources development projects shall in no way diminish the other priorities and missions of the Corps of Engineers, including authorized project purposes and habitat and environmental protection. (b) Implementation of policy The Secretary shall (1) ensure that the policy described in subsection (a) is implemented nationwide in an efficient, consistent, and coordinated manner; and (2) assess opportunities (A) to increase the development of hydroelectric power at existing water resources development projects of the Corps of Engineers with hydroelectric facilities; and (B) to develop new hydroelectric power at existing nonpowered water resources development projects of the Corps of Engineers. (c) Report Not later than 2 years after June 10, 2014 (1) a description of initiatives carried out by the Secretary to encourage the development of hydroelectric power by non-Federal entities at Corps of Engineers water resources development projects and to meet the requirements of subsection (b); (2) a list of all new hydroelectric power activities by non-Federal entities approved at Corps of Engineers water resources development projects in that fiscal year, including the length of time the Secretary needed to approve those activities; (3) a description of the status of each pending application from non-Federal entities for approval to develop hydroelectric power at Corps of Engineers water resources development projects; (4) a description of any benefits or impacts to the environment, recreation, or other uses associated with Corps of Engineers water resources development projects at which non-Federal entities have developed hydroelectric power in the previous fiscal year; and (5) the total annual amount of payments or other services provided to the Corps of Engineers, the Treasury, and any other Federal agency as a result of approved non-Federal hydropower projects at Corps of Engineers water resources development projects. (d) Reviewing hydropower at Corps of Engineers facilities (1) Definition of eligible non-Federal interest In this subsection, the term eligible non-Federal interest means a non-Federal interest that owns or operates an existing non-Federal hydropower facility at a Corps of Engineers water resources development project. (2) Evaluation (A) In general On the written request of an eligible non-Federal interest, the Secretary shall conduct an evaluation to consider operational changes at the applicable project to facilitate production of non-Federal hydropower, consistent with authorized project purposes. The Secretary shall solicit input from interested stakeholders as part of the evaluation. (B) Deadline Not later than 180 days after the date on which the Secretary receives a written request under subparagraph (A), the Secretary shall provide to the non-Federal interest a written response to inform the non-Federal interest (i) that the Secretary has approved the request to conduct an evaluation; or (ii) of any additional information necessary for the Secretary to approve the request to conduct an evaluation. (3) Operational changes An operational change referred to in paragraph (2)(A) may include (A) changes to seasonal pool levels; (B) modifying releases from the project; and (C) other changes included in the written request submitted under that paragraph that enhance the usage of the project to facilitate production of non-Federal hydropower, consistent with authorized project purposes. (4) Cost share The eligible non-Federal interest shall pay 100 percent of the costs associated with an evaluation under this subsection, including the costs to prepare the report under paragraph (6). (5) Deadline The Secretary shall complete an evaluation under this subsection by the date that is not later than 1 year after the date on which the Secretary begins the evaluation. (6) Report On completion of an evaluation under this subsection, 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 effects of the operational changes proposed by the non-Federal interest and examined in the evaluation on the authorized purposes of the project, including a description of any negative impacts of the proposed operational changes on the authorized purposes of the project, or on any Federal project located in the same basin. (7) Savings provision Nothing in this subsection (A) affects the authorized purposes of a Corps of Engineers water resources development project; (B) affects existing authorities of the Corps of Engineers, including authorities with respect to navigation, flood damage reduction, environmental protection and restoration, water supply and conservation, and other related purposes; or (C) authorizes the Secretary to make any operational changes to a Corps of Engineers water resources development project. ( Pub. L. 113121, title I,  1008 June 10, 2014 128 Stat. 1215 Pub. L. 116260, div. AA, title I,  146 Dec. 27, 2020 134 Stat. 2655 Pub. L. 117263, div. H, title LXXXI,  8123 Dec. 23, 2022 136 Stat. 3714  Editorial Notes Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 2022Subsec. (b). Pub. L. 117263,  8123(3) Subsec. (b)(1). Pub. L. 117263,  8123(1) Subsecs. (c), (d). Pub. L. 117263,  8123(2) 2020Subsecs. (a), (b). Pub. L. 116260,  146(1) Subsec. (c). Pub. L. 116260,  146(2) Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121 section 2201 of this title  2322. Single entities  For purposes of Federal participation in water resource development projects which are to be carried out by the Secretary, benefits which are to be provided to a facility owned by a State (including the District of Columbia and a territory or possession of the United States), county, municipality, or other public entity shall not be treated as benefits to be provided a single owner or single entity. The Secretary shall not treat such a facility as a single owner or single entity for any purpose. ( Pub. L. 101640, title III,  317 Nov. 28, 1990 104 Stat. 4641  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 1990, 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 Pub. L. 101640 section 2201 of this title  2323. Technical assistance to private entities (a) Use of Corps research and development labs The Secretary is authorized to use Corps of Engineers research and development laboratories to provide research and development assistance to corporations, partnerships, limited partnerships, consortia, public and private foundations, universities, and nonprofit organizations operating within the United States, territories or possessions of the United States, and the Commonwealths of Puerto Rico and the Northern Mariana Islands (1) if the entity furnishes in advance of fiscal obligation by the United States such funds as are necessary to cover any and all costs of such research and development assistance; (2) if the Secretary determines that the research and development assistance to be provided is within the mission of the Corps of Engineers and is in the public interest; (3) if the entity has certified to the Secretary that provision of such research and development assistance is not otherwise reasonably and expeditiously obtainable from the private sector; and (4) if the entity has agreed to hold and save the United States free from any damages due to any such research and development assistance. (b) Contract The Secretary may provide research and development assistance under subsection (a), or any part thereof, by contract. (c) Omitted ( Pub. L. 101640, title III,  318 Nov. 28, 1990 104 Stat. 4641  Editorial Notes Codification Section is comprised of section 318 of Pub. L. 101640 section 318 of Pub. L. 101640 section 2314a of this title Section was enacted as part of the Water Resources Development Act of 1990, 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 Pub. L. 101640 section 2201 of this title  2323a. Interagency and international support authority (a) In general The Secretary may engage in activities (including contracting) in support of Federal departments or agencies, nongovernmental organizations, international organizations, or foreign governments to address problems of national significance to the United States. (b) Consultation The Secretary may engage in activities in support of international organizations or foreign governments only after consulting with the Department of State. (c) Use of Corps expertise The Secretary may use the technical and managerial expertise of the Corps of Engineers to address domestic and international problems related to water resources, infrastructure development, and environmental protection and restoration. (d) Funding (1) In general There is authorized to be appropriated to carry out this section $1,000,000 for fiscal year 2008 and each fiscal year thereafter. (2) Acceptance of funds The Secretary may accept and expend additional funds from Federal departments or agencies, nongovernmental organizations, international organizations, or foreign governments to carry out this section. ( Pub. L. 104303, title II,  234 Oct. 12, 1996 110 Stat. 3704 Pub. L. 106541, title II,  207 Dec. 11, 2000 114 Stat. 2590 Pub. L. 110114, title II,  2030 Nov. 8, 2007 121 Stat. 1081 Pub. L. 113121, title I,  1029 June 10, 2014 128 Stat. 1230  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 1996, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 2014Subsec. (a). Pub. L. 113121,  1029(1) Subsec. (b). Pub. L. 113121,  1029(2) Subsec. (c). Pub. L. 113121,  1029(3) Subsec. (d). Pub. L. 113121,  1029(4) 2007Subsec. (a). Pub. L. 110114,  2030(1) Subsec. (b). Pub. L. 110114,  2030(2) Subsec. (d). Pub. L. 110114,  2030(3) 2000Subsec. (d). Pub. L. 106541 Statutory Notes and Related Subsidiaries National Recreation Reservation Service Pub. L. 106541, title II,  206 Dec. 11, 2000 114 Stat. 2590  Notwithstanding section 611 of the Treasury and General Government Appropriations Act, 1999 ( 112 Stat. 2681515 (1) participate in the National Recreation Reservation Service on an interagency basis; and (2) pay the Department of the Armys share of the activities required to implement, operate, and maintain the Service.  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 104303 section 2201 of this title  2324. Reduced pricing for certain water supply storage (a) Provision of storage space If a low income community requests the Secretary to provide water supply storage space in a water resources development project operated by the Secretary and if the amount of space requested is available or could be made available through reallocation of water supply storage space in the project or through modifications to operation of the project, the Secretary may provide such space to the community at a price determined under subsection (c). (b) Maximum amount of storage space The maximum amount of water supply storage space which may be provided to a community under this section may not exceed an amount of water supply storage space sufficient to yield 3,000,000 gallons of water per day. (c) Price The Secretary shall provide water supply storage space under this section at a price which is the greater of (1) the updated construction cost of the project allocated to provide such amount of water supply storage space or $100 per acre foot of storage space, whichever is less; and (2) the value of the benefits which are lost as a result of providing such water supply storage space. (d) Determinations For purposes of subsection (c), the determinations of updated construction costs and value of benefits lost shall be made by the Secretary on the basis of the most recent information available. (e) Inflation adjustment of dollar amount The $100 amount set forth in subsection (c) shall be adjusted annually by the Secretary for changes in the Consumer Price Index of All Urban Consumers published by the Bureau of Labor Statistics. (f) Non-Federal responsibilities Nothing in this section shall be construed as affecting the responsibility of non-Federal interests to provide operation and maintenance costs assigned to water supply storage provided under this section. (g) Low income community defined The term low income community means (1) a community with a population of less than 20,000 which is located in a county with a per capita income less than the per capita income of two-thirds of the counties in the United States; or (2) a regional water system that serves a population of less than 100,000, for which the per capita income is less than the per capita income of not less than 50 percent of the counties in the United States. ( Pub. L. 101640, title III,  322 Nov. 28, 1990 104 Stat. 4643 Pub. L. 116260, div. AA, title III,  350 Dec. 27, 2020 134 Stat. 2716  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 1990, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 2020Subsec. (b). Pub. L. 116260,  350(1) Subsec. (g). Pub. L. 116260,  350(2) Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 101640 section 2201 of this title  2325. Voluntary contributions for environmental and recreation projects (a) Acceptance In connection with carrying out a water resources project for environmental protection and restoration or a water resources project for recreation, the Secretary is authorized to accept contributions of cash, funds, materials, and services from persons, including governmental entities but excluding the project sponsor. (b) Deposit Any cash or funds received by the Secretary under subsection (a) shall be deposited into the account in the Treasury of the United States entitled Contributions and Advances, Rivers and Harbors, Corps of Engineers (8862) and shall be available until expended to carry out water resources projects described in subsection (a). ( Pub. L. 102580, title II,  203 Oct. 31, 1992 106 Stat. 4826 Pub. L. 104303, title II,  236(a) Oct. 12, 1996 110 Stat. 3705  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 1992, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 1996Subsec. (b). Pub. L. 104303 Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 3 of Pub. L. 102580 section 2201 of this title  2325a. Authority to accept and use materials and services (a) In general Subject to subsection (b), the Secretary is authorized to accept and use materials, services, or funds contributed by a non-Federal public entity, a nonprofit entity, or a private entity to repair, restore, replace, or maintain a water resources project in any case in which the District Commander determines that (1) there is a risk of adverse impacts to the functioning of the project for the authorized purposes of the project; and (2) acceptance of the materials and services or funds is in the public interest. (b) Limitation Any entity that contributes materials or services under subsection (a) shall not be eligible for credit or reimbursement for the value of such materials or services. (c) Additional requirements (1) Applicable laws and regulations The Secretary may only use materials or services accepted under this section if such materials and services comply with all applicable laws and regulations that would apply if such materials and services were acquired by the Secretary. (2) Supplementary services The Secretary may only accept and use services under this section that provide supplementary services to existing Federal employees, and may only use such services to perform work that would not otherwise be accomplished as a result of funding or personnel limitations. (d) Report Not later than February 1 of each year after the first fiscal year in which materials, services, or funds are accepted under this section, 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 an annual report that includes (1) a description of the activities undertaken, including the costs associated with the activities; and (2) a comprehensive description of how the activities are necessary for maintaining a safe and reliable water resources project. ( Pub. L. 113121, title I,  1024 June 10, 2014 128 Stat. 1229 Pub. L. 114322, title I,  1153 Dec. 16, 2016 130 Stat. 1663  Editorial Notes Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 2016Subsec. (a). Pub. L. 114322,  1153(1) Subsec. (c). Pub. L. 114322,  1153(3) Subsec. (d). Pub. L. 114322,  1153(2) Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121 section 2201 of this title  2325b. Materials, services, and funds for repair, restoration, or rehabilitation of projects (a) Definitions In this section: (1) Covered area The term covered area means an area (A) for which the Governor of a State has requested a determination that an emergency exists; or (B) covered by an emergency or major disaster declaration declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 (2) Emergency period The term emergency period means (A) with respect to a covered area described in paragraph (1)(A), the period during which the Secretary determines an emergency exists; and (B) with respect to a covered area described in paragraph (1)(B), the period during which the applicable declaration is in effect. (b) In general In any covered area, the Secretary is authorized to accept and use materials, services, and funds, during the emergency period, from a non-Federal interest or private entity to repair, restore, or rehabilitate a federally authorized water resources development project, and to provide reimbursement to such non-Federal interest or private entity for such materials, services, and funds, in the Secretarys sole discretion, and subject to the availability of appropriations, if the Secretary determines that reimbursement is in the public interest. (c) Additional requirement The Secretary may only reimburse for the use of materials or services accepted under this section if such materials or services meet the Secretarys specifications and comply with all applicable laws and regulations that would apply if such materials and services were acquired by the Secretary, including sections 3141 through 3148 and 3701 through 3708 of title 40, section 8302 of title 41 (d) Agreements (1) In general Prior to the acceptance of materials, services, or funds under this section, the Secretary and the non-Federal interest or private entity shall enter into an agreement that specifies (A) the non-Federal interest or private entity shall hold and save the United States free from any and all damages that arise from use of materials or services of the non-Federal interest or private entity, except for damages due to the fault or negligence of the United States or its contractors; (B) the non-Federal interest or private entity shall certify that the materials or services comply with all applicable laws and regulations under subsection (c); and (C) any other term or condition required by the Secretary. (2) Exception If an agreement under paragraph (1) was not entered prior to materials or services being contributed, a non-Federal interest or private entity shall enter into an agreement with the Secretary that (A) specifies the value, as determined by the Secretary, of those materials or services contributed and eligible for reimbursement; and (B) ensures that the materials or services comply with subsection (c) and paragraph (1). ( Pub. L. 116260, div. AA, title I,  130 Dec. 27, 2020 134 Stat. 2642  Editorial Notes  References in Text The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (a)(1)(B), is Pub. L. 93288 May 22, 1974 88 Stat. 143 section 5121 of Title 42 The National Environmental Policy Act of 1969, referred to in subsec. (c), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 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. 116260 section 2201 of this title  2326. Regional sediment management (a) In general (1) Sediment use (A) Sediment from Federal water resources projects For sediment obtained through or used in the construction, operation, or maintenance of an authorized Federal water resources project, including a project authorized for flood control, the Secretary shall develop, at Federal expense, regional sediment management plans and carry out projects at locations identified in plans developed under this section, or identified jointly by the non-Federal interest and the Secretary, for use in the construction, repair, modification, or rehabilitation of projects associated with Federal water resources projects for purposes listed in paragraph (3). (B) Sediment from other Federal sources and non-Federal sources For purposes of projects carried out under this section, the Secretary may include sediment from other Federal sources and non-Federal sources, subject to the requirement that any sediment obtained from a non-Federal source shall not be obtained at Federal expense. (2) Cooperation The Secretary shall develop plans under this subsection in cooperation with the appropriate Federal, State, regional, and local agencies. (3) Purposes for sediment use in projects The purposes of using sediment for the construction, repair, modification, or rehabilitation of Federal water resources projects are (A) to reduce storm damage to property; (B) to protect, restore, and create aquatic and ecologically related habitats, including wetlands; and (C) to transport and place suitable sediment for the purposes of improving environmental conditions in marsh and littoral systems, stabilizing stream channels, enhancing shorelines, and supporting State and local risk management adaptation strategies. (4) Reducing costs To reduce or avoid Federal costs, the Secretary shall consider the beneficial use of dredged material in a manner that contributes to the maintenance of sediment resources in the nearby coastal system. (b) Secretarial findings Subject to subsection (c), projects carried out under subsection (a) may be carried out in any case in which the Secretary finds that (1) the environmental, economic, and social benefits of the project, both monetary and nonmonetary, justify the cost of the project; and (2) the project will not result in environmental degradation. (c) Determination of project costs (1) Costs of construction (A) In general Costs associated with construction of a project under this section or identified in a regional sediment management plan shall be limited solely to construction costs that are in excess of the costs necessary to carry out the dredging for construction, operation, or maintenance of an authorized Federal water resources project in the most cost-effective way, consistent with economic, engineering, and environmental criteria. (B) Cost sharing (i) In general Except as provided in clause (ii), the non-Federal share of the construction cost of a project under this section shall be determined as provided in subsections (a) through (d) of section 2213 of this title (ii) Special rule Construction of a project under this section for one or more of the purposes of protection, restoration, or creation of aquatic and ecologically related habitat, the cost of which does not exceed $750,000 and which is located in a disadvantaged community as determined by the Secretary, may be carried out at Federal expense. (C) Total cost The total Federal costs associated with construction of a project under this section may not exceed $10,000,000. (2) Operation, maintenance, replacement, and rehabilitation costs Operation, maintenance, replacement, and rehabilitation costs associated with a project under this section are the responsibility of the non-Federal interest. (d) Selection of dredged material disposal method for purposes related to environmental restoration or storm damage and flood reduction (1) In general At the request of the non-Federal interest for a water resources development project involving the disposal of dredged material, the Secretary, using funds appropriated for construction or operation and maintenance of the project, may select a disposal method that is not the least cost option if the Secretary determines that the incremental costs of the disposal method are reasonable in relation to (A) the environmental benefits, including the benefits to the aquatic environment to be derived from the creation of wetlands and control of shoreline erosion; or (B) the hurricane and storm or flood risk reduction benefits, including shoreline protection, protection against loss of life, and damage to improved property. (2) Federal share The Federal share of such incremental costs shall be determined in accordance with subsection (c). (3) Special rule Disposal of dredged material under this subsection may include a single or periodic application of sediment for beneficial use and shall not require operation and maintenance. (4) Disposal at non-Federal cost The Secretary may accept funds from a non-Federal interest to dispose of dredged material as provided under section 2213(d)(1) of this title (5) Selection of dredged material disposal method for certain purposes Activities carried out under this subsection (A) shall be carried out using amounts appropriated for construction or operation and maintenance of the project involving the disposal of the dredged material; and (B) shall not carried 1 1 (e) State and regional plans The Secretary may (1) cooperate with any State or group of States in the preparation of a comprehensive State or regional sediment management plan within the boundaries of the State or among States; (2) encourage State participation in the implementation of the plan; and (3) submit to Congress reports and recommendations with respect to appropriate Federal participation in carrying out the plan. (f) Priority areas In carrying out this section, the Secretary shall give priority to a regional sediment management project in the vicinity of each of the following: (1) Little Rock Slackwater Harbor, Arkansas. (2) Fletcher Cove, California. (3) Egmont Key, Florida. (4) Calcasieu Ship Channel, Louisiana. (5) Delaware River Estuary, New Jersey and Pennsylvania. (6) Fire Island Inlet, Suffolk County, New York. (7) Smith Point Park Pavilion and the TWA Flight 800 Memorial, Brookhaven, New York. (8) Morehead City, North Carolina. (9) Toledo Harbor, Lucas County, Ohio. (10) Galveston Bay, Texas. (11) Benson Beach, Washington. (g) Authorization of appropriations There is authorized to be appropriated to carry out this section $62,500,000 per fiscal year, of which not more than $5,000,000 per fiscal year may be used for the development of regional sediment management plans authorized by subsection (e) and of which not more than $3,000,000 per fiscal year may be used for construction of projects to which subsection (c)(1)(B)(ii) applies. Such funds shall remain available until expended. ( Pub. L. 102580, title II,  204 Oct. 31, 1992 106 Stat. 4826 Pub. L. 104303, title II,  207 Oct. 12, 1996 110 Stat. 3680 Pub. L. 10653, title II,  209 Aug. 17, 1999 113 Stat. 287 Pub. L. 110114, title II,  2037(a) Nov. 8, 2007 121 Stat. 1094 Pub. L. 113121, title I June 10, 2014 128 Stat. 1232 Pub. L. 114322, title I,  1122(i) Dec. 16, 2016 130 Stat. 1647 Pub. L. 115270, title I Oct. 23, 2018 132 Stat. 3787 Pub. L. 116260, div. AA, title I,  125(a)(2)(C) Dec. 27, 2020 134 Stat. 2637  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 1992, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 2020Subsec. (d)(1). Pub. L. 116260,  125(a)(2)(C)(i)(I) Subsec. (d)(1)(B). Pub. L. 116260,  125(a)(2)(C)(i)(II) Subsec. (d)(5). Pub. L. 116260,  125(a)(2)(C)(ii) 2018Subsec. (a)(1)(A). Pub. L. 115270,  1150 Subsec. (g). Pub. L. 115270,  1157(d) 2016Subsec. (a)(1). Pub. L. 114322,  1122(i)(1) Subsec. (d)(3), (4). Pub. L. 114322,  1122(i)(2) 2014Subsec. (a)(1). Pub. L. 113121,  1038(1)(A) Subsec. (a)(3)(C). Pub. L. 113121,  1038(1)(B) Subsec. (a)(4). Pub. L. 113121,  1038(1)(C) Subsec. (c)(1)(C). Pub. L. 113121,  1030(d)(1)(A) Subsec. (d). Pub. L. 113121,  1038(2)(A) Subsec. (d)(1). Pub. L. 113121,  1038(2)(B) Subsec. (e)(1). Pub. L. 113121,  1038(3) Subsec. (g). Pub. L. 113121,  1030(d)(1)(B) 2007 Pub. L. 110114 1999Subsec. (c). Pub. L. 10653,  209(1) section 1962d5b of title 42 Subsec. (g). Pub. L. 10653,  209(2) 1996Subsecs. (e), (f). Pub. L. 104303 Statutory Notes and Related Subsidiaries Applicability Pub. L. 110114, title II,  2037(c) Pub. L. 113121, title I,  1030(d)(2) June 10, 2014 128 Stat. 1232 The amendment made by subsection (a) [amending this section] shall not apply to any project authorized under this Act [see Tables for classification] if a report of the Chief of Engineers for the project was completed prior to the date of enactment of this Act [ Nov. 8, 2007 Project Selection Pub. L. 116260, div. AA, title I,  125(b)(3) Dec. 27, 2020 134 Stat. 2638 In selecting projects for the beneficial use of dredged materials under section 1122 of the Water Resources Development Act of 2016 ( 33 U.S.C. 2326 Coordination With Existing Authorities Pub. L. 116260, div. AA, title I,  125(d)(2) Dec. 27, 2020 134 Stat. 2640 The Secretary [of the Army] may carry out the dredge pilot program authorized by section 1111 of the Water Resources Development Act of 2018 ( 33 U.S.C. 2326 Dec. 27, 2020 Dredge Pilot Program Pub. L. 115270, title I,  1111 Oct. 23, 2018 132 Stat. 3774 Pub. L. 116260, div. AA, title I,  125(d)(1) Dec. 27, 2020 134 Stat. 2640  (a)  In General The Secretary [of the Army] is authorized to carry out a pilot program to award contracts with a duration of up to 5 years for the operation and maintenance of (1) harbors and inland harbors referred to in section 210(a)(2) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238(a)(2) (2) inland and intracoastal waterways of the United States described in section 206 of the Inland Waterways Revenue Act of 1978 ( 33 U.S.C. 1804 (b)  Scope In carrying out the pilot program under subsection (a), the Secretary may award a contract described in such subsection, which may address one or more harbors, inland harbors, or inland or intracoastal waterways in a geographical region, if the Secretary determines that the contract provides cost savings compared to the awarding of such work on an annual basis or on a project-by-project basis. (c)  Report to Congress Not later than 1 year after the date on which the first contract is awarded pursuant to the pilot program carried out under subsection (a), the Secretary shall submit to Congress a report evaluating, with respect to the pilot program and any contracts awarded under the pilot program (1) cost effectiveness; (2) reliability and performance; (3) cost savings attributable to mobilization and demobilization of dredge equipment; and (4) response times to address navigational impediments. (d)  Sunset The authority of the Secretary to enter into contracts pursuant to the pilot program carried out under subsection (a), shall expire on the date that is 10 years after the date of enactment of this Act [ Oct. 23, 2018 Beneficial Use of Dredged Sediment Pub. L. 115270, title I,  1148 Oct. 23, 2018 132 Stat. 3787  (a)  In General In carrying out a project for the beneficial reuse of sediment to reduce storm damage to property under section 204 of the Water Resources Development Act of 1992 ( 33 U.S.C. 2326 (b)  Limitation If the Secretary grants a temporary easement under subsection (a) with respect to a project, that project shall no longer be eligible for future placement of sediment under section 204 of the Water Resources Development Act of 1992 ( 33 U.S.C. 2326 Beneficial Use of Dredged Material Pub. L. 114322, title I,  1122(a) Dec. 16, 2016 130 Stat. 1645 Pub. L. 115270, title I,  1130 Oct. 23, 2018 132 Stat. 3780 Pub. L. 116260, div. AA, title I,  125(b)(1) Dec. 27, 2020 134 Stat. 2638  (a)  In General Not later than 90 days after the date of enactment of this Act [ Dec. 16, 2016 (1) reducing storm damage to property and infrastructure; (2) promoting public safety; (3) protecting, restoring, and creating aquatic ecosystem habitats; (4) stabilizing stream systems and enhancing shorelines; (5) promoting recreation; (6) supporting risk management adaptation strategies; (7) reducing the costs of dredging and dredged material placement or disposal, such as projects that use dredged material for (A) construction or fill material; (B) civic improvement objectives; and (C) other innovative uses and placement alternatives that produce public economic or environmental benefits; and (8) recovering lost storage capacity in reservoirs due to sediment accumulation, if the project also has a purpose described in any of paragraphs (1) through (7). (b)  Project Selection In carrying out the pilot program, the Secretary shall (1) identify for inclusion in the pilot program and carry out 35 projects for the beneficial use of dredged material; (2) consult with relevant State agencies in selecting projects; and (3) select projects solely on the basis of (A) the environmental, economic, and social benefits of the projects, including monetary and nonmonetary benefits; and (B) the need for a diversity of project types and geographical project locations. (c)  Regional Beneficial Use Teams. (1)  In general In carrying out the pilot program, the Secretary shall establish regional beneficial use teams to identify and assist in the implementation of projects under the pilot program. (2)  Composition. (A)  Leadership For each regional beneficial use team established under paragraph (1), the Secretary shall appoint the Commander of the relevant division of the Corps of Engineers to serve as the head of the team. (B)  Membership The membership of each regional beneficial use team shall include (i) representatives of relevant Corps of Engineers districts and divisions; (ii) representatives of relevant State and local agencies; and (iii) representatives of Federal agencies and such other entities as the Secretary determines appropriate, consistent with the purposes of this section. (d)  Considerations The Secretary shall carry out the pilot program in a manner that (1) maximizes the beneficial placement of dredged material from Federal and non-Federal navigation channels; (2) incorporates, to the maximum extent practicable, 2 or more Federal navigation, flood control, storm damage reduction, or environmental restoration projects; (3) coordinates the mobilization of dredges and related equipment, including through the use of such efficiencies in contracting and environmental permitting as can be implemented under existing laws and regulations; (4) fosters Federal, State, and local collaboration; (5) implements best practices to maximize the beneficial use of dredged sand and other sediments; and (6) ensures that the use of dredged material is consistent with all applicable environmental laws. (e)  Cost Sharing. (1)  In general Projects carried out under this section shall be subject to the cost-sharing requirements applicable to projects carried out under section 204 of the Water Resources Development Act of 1992 ( 33 U.S.C. 2326 (2)  Additional costs Notwithstanding paragraph (1), if the cost of transporting and depositing dredged material for a project carried out under this section exceeds the cost of carrying out those activities pursuant to any other water resources project in accordance, if applicable, with the Federal standard (as defined in section 335.7 of title 33, Code of Federal Regulations), the Secretary may not require the non-Federal interest to bear the additional cost of such activities. (f)  Report Not later than 2 years after the date of enactment of this Act [ Dec. 16, 2016 (1) a description of the projects selected to be carried out under the pilot program; (2) documentation supporting each of the projects selected; (3) the findings of regional beneficial use teams regarding project selection; and (4) any recommendations of the Secretary or regional beneficial use teams with respect to the pilot program. (g)  Termination The pilot program shall terminate after completion of the 35 projects carried out pursuant to subsection (b)(1). (h)  Exemption From Other Standards The projects carried out under this section shall be carried out notwithstanding the definition of the term Federal standard in section 335.7 of title 33, Code of Federal Regulations.  Secretary Defined Secretary means the Secretary of the Army, see section 3 of Pub. L. 102580 section 2201 of this title  2326a. Dredged material disposal facility partnerships (a) Additional capacity or replacement capacity (1) Provided by Secretary (A) In general Subject to subparagraph (B), at the request of a non-Federal interest with respect to a project, the Secretary may (i) provide additional capacity at a dredged material disposal facility constructed by the Secretary beyond the capacity that would be required for project purposes; or (ii) permit the use of dredged material disposal facility capacity required for project purposes by the non-Federal interest if the Secretary determines that replacement capacity can be constructed at the facility or another facility or site before such capacity is needed for project purposes. (B) Agreement Before the Secretary takes an action under subparagraph (A), the non-Federal interest shall agree to pay (i) all costs associated with the construction of the additional capacity or replacement capacity in advance of construction of such capacity; and (ii) in the case of use by a non-Federal interest of dredged material disposal capacity required for project purposes under subparagraph (A)(ii), any increase in the cost of operation and maintenance of the project that the Secretary determines results from the use of the project capacity by the non-Federal interest in advance of each cycle of dredging. (C) Credit In the event the Secretary determines that the cost to operate or maintain the project decreases as a result of use by the non-Federal interest of dredged material disposal capacity required for project purposes under subparagraph (A)(ii), the Secretary, at the request of the non-Federal interest, shall credit the amount of the decrease toward any cash contribution of the non-Federal interest required thereafter for construction, operation, or maintenance of the project, or of another navigation project. (2) Cost recovery authority The non-Federal interest may recover the costs assigned to the additional capacity under paragraph (1)(A)(i) through fees assessed on third parties whose dredged material is deposited at the facility and who enter into agreements with the non-Federal interest for the use of the facility. The amount of such fees may be determined by the non-Federal interest. (3) Special rule for designation of replacement capacity facility or site (A) In general Subject to such terms and conditions as the Secretary determines to be necessary or advisable, an agreement under paragraph (1)(B) for use permitted under paragraph (1)(A)(ii) shall reserve to the non-Federal interest (i) the right to submit to the Secretary for approval at a later date an alternative to the facility or site designated in the agreement for construction of replacement capacity; and (ii) the right to construct the replacement capacity at the alternative facility or site at the expense of the non-Federal interest. (B) Requirement The Secretary shall not reject a site for the construction of replacement capacity under paragraph (1)(A)(ii) that is submitted by the non-Federal interest for approval by the Secretary before the date of execution of the agreement under paragraph (1)(B), or thereafter, unless the Secretary (i) determines that the site is environmentally unacceptable, geographically unacceptable, or technically unsound; and (ii) provides a written basis for the determination under clause (i) to the non-Federal interest. (4) Public comment The Secretary shall afford the public an opportunity to comment on the determinations required under this subsection for a use permitted under paragraph (1)(A)(ii). (b) Non-Federal use of disposal facilities (1) In general The Secretary (A) may permit the use of any dredged material disposal facility under the jurisdiction of, or managed by, the Secretary by a non-Federal interest if the Secretary determines that such use will not reduce the availability of the facility for project purposes; and (B) may impose fees to recover capital, operation, and maintenance costs associated with such use. (2) Use of fees Notwithstanding section 1341(c) of this title (c) Dredged material facility (1) In general The Secretary may enter into a partnership agreement under section 1962d5b of title 42 (2) Performance One or more of the parties to a partnership agreement under this subsection may perform the acquisition, design, construction, management, or operation of a dredged material processing, treatment, contaminant reduction, or disposal facility. (3) Multiple projects If appropriate, the Secretary may combine portions of separate water resources projects with appropriate combined cost-sharing among the various water resources projects in a partnership agreement for a facility under this subsection if the facility serves to manage dredged material from multiple water resources projects located in the geographic region of the facility. (4) Specified Federal funding sources and cost sharing (A) Specified Federal funding A partnership agreement with respect to a facility under this subsection shall specify (i) the Federal funding sources and combined cost-sharing when applicable to multiple water resources projects; and (ii) the responsibilities and risks of each of the parties relating to present and future dredged material managed by the facility. (B) Management of sediments (i) In general A partnership agreement under this subsection may include the management of sediments from the maintenance dredging of Federal water resources projects that do not have partnership agreements. (ii) Payments A partnership agreement under this subsection may allow the non-Federal interest to receive reimbursable payments from the Federal Government for commitments made by the non-Federal interest for disposal or placement capacity at dredged material processing, treatment, contaminant reduction, or disposal facilities. (C) Credit A partnership agreement under this subsection may allow costs incurred by the non-Federal interest before execution of the partnership agreement to be credited in accordance with section 1962d5b of title 42 (5) Credit (A) Effect on existing agreements Nothing in this subsection supersedes or modifies an agreement in effect on November 8, 2007 (B) Credit for funds Subject to the approval of the Secretary and in accordance with law (including regulations and policies) in effect on November 8, 2007 (C) Non-Federal interest responsibilities A non-Federal interest entering into a partnership agreement under this subsection for a facility shall (i) be responsible for providing all necessary lands, easements, relocations, and rights-of-way associated with the facility; and (ii) receive credit toward the non-Federal share of the cost of the project with respect to which the agreement is being entered into for those items. (d) Public-private partnerships (1) In general The Secretary may carry out a program to evaluate and implement opportunities for public-private partnerships in the design, construction, management, or operation and maintenance of dredged material processing, treatment, contaminant reduction, or disposal facilities in connection with construction or maintenance of Federal navigation projects. If a non-Federal interest is a sponsor of the project, the Secretary shall consult with the non-Federal interest in carrying out the program with respect to the project. (2) Private financing (A) Agreements In carrying out this subsection, the Secretary may enter into an agreement with a non-Federal interest with respect to a project, a private entity, or both for the acquisition, design, construction, management, or operation and maintenance of a dredged material processing, treatment, contaminant reduction, or disposal facility (including any facility used to demonstrate potential beneficial uses of dredged material) using funds provided in whole or in part by the private entity. (B) Reimbursement If any funds provided by a private entity are used to carry out a project under this subsection, the Secretary may reimburse the private entity over a period of time agreed to by the parties to the agreement through the payment of subsequent user fees. Such fees may include the payment of a disposal or tipping fee for placement of suitable dredged material at the facility. (C) Amount of fees User fees paid pursuant to subparagraph (B) shall be sufficient to repay funds contributed by the private entity plus a reasonable return on investment approved by the Secretary in cooperation with the non-Federal interest with respect to the project and the private entity. (D) Federal share The Federal share of such fees shall be equal to the percentage of the total cost that would otherwise be borne by the Federal Government as required pursuant to existing cost-sharing requirements, including section 2213 of this title section 2326 of this title (E) Budget Act compliance Any spending authority (as defined in section 651(c)(2) of title 2 ( Pub. L. 104303, title II,  217 Oct. 12, 1996 110 Stat. 3694 Pub. L. 110114, title II,  2005 Nov. 8, 2007 121 Stat. 1071 Pub. L. 116260, div. AA, title I,  145 Dec. 27, 2020 134 Stat. 2654  Editorial Notes  References in Text The Budget Act, referred to in subsec. (d)(2)(E) heading, probably means the Congressional Budget Act of 1974, titles I through IX of Pub. L. 93344 July 12, 1974 88 Stat. 297 section 621 of Title 2 Codification Section was enacted as part of the Water Resources Development Act of 1996, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 2020Subsec. (a). Pub. L. 116260,  145(1) Subsec. (a)(1). Pub. L. 116260,  145(2) Subsec. (a)(2). Pub. L. 116260,  145(3) Subsec. (a)(3), (4). Pub. L. 116260,  145(4) 2007Subsec. (c). Pub. L. 110114,  2005(2) Subsec. (d). Pub. L. 110114,  2005(1) Subsec. (d)(1). Pub. L. 110114,  2005(3) Subsec. (d)(2)(A). Pub. L. 110114,  2005(3) Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 104303 section 2201 of this title  2326b. Sediment management (a) In general The Secretary may enter into cooperation agreements with non-Federal interests with respect to navigation projects, or other appropriate non-Federal entities, for the development of long-term management strategies for controlling sediments at such projects. (b) Contents of strategies Each strategy developed under subsection (a) shall (1) include assessments of sediment rates and composition, sediment reduction options, dredging practices, long-term management of any dredged material disposal facilities, remediation of such facilities, and alternative disposal and reuse options; (2) include a timetable for implementation of the strategy; and (3) incorporate relevant ongoing planning efforts, including remedial action planning, dredged material management planning, harbor and waterfront development planning, and watershed management planning. (c) Consultation In developing strategies under subsection (a), the Secretary shall consult with interested Federal agencies, States, and Indian tribes and provide an opportunity for public comment. (d) Dredged material disposal (1) Study The Secretary shall conduct a study to determine the feasibility of constructing and operating an underwater confined dredged material disposal site in the Port of New York-New Jersey that could accommodate as much as 250,000 cubic yards of dredged material for the purpose of demonstrating the feasibility of an underwater confined disposal pit as an environmentally suitable method of containing certain sediments. (2) Report The Secretary shall transmit to Congress a report on the results of the study conducted under paragraph (1), together with any recommendations of the Secretary that may be developed in a strategy under subsection (a). (e) Great Lakes tributary model (1) In general In consultation and coordination with the Great Lakes States, the Secretary shall develop a tributary sediment transport model for each major river system or set of major river systems depositing sediment into a Great Lakes federally authorized commercial harbor, channel maintenance project site, or Area of Concern identified under the Great Lakes Water Quality Agreement of 1978. Such model may be developed as a part of a strategy developed under subsection (a). (2) Requirements for models In developing a tributary sediment transport model under this subsection, the Secretary shall build on data and monitoring information generated in earlier studies and programs of the Great Lakes and their tributaries. (3) Report Not later than December 31, 2003 (f) Great Lakes States defined In this section, the term Great Lakes States means the States of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin. (g) Coastal mapping The Secretary shall develop and carry out a plan for the recurring mapping of coastlines that are experiencing rapid change, including such coastlines in (1) Alaska; (2) Hawaii; and (3) any territory or possession of the United States. (h) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary to carry out this section $5,000,000 for each of fiscal years 1998 through 2001. (2) Great Lakes tributary model In addition to amounts made available under paragraph (1), there is authorized to be appropriated to carry out subsection (e) $5,000,000 for each of fiscal years 2002 through 2012. (3) Coastal mapping In addition to amounts made available under paragraph (1), there is authorized to be appropriated to carry out subsection (g) with respect to Alaska, Hawaii, and the territories and possessions of the United States, $10,000,000, to remain available until expended. ( Pub. L. 104303, title V,  516 Oct. 12, 1996 110 Stat. 3763 Pub. L. 106541, title V,  505 Dec. 11, 2000 114 Stat. 2645 Pub. L. 110114, title V,  5013 Nov. 8, 2007 121 Stat. 1195 Pub. L. 116260, div. AA, title I,  148 Dec. 27, 2020 134 Stat. 2656  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 1996, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 2020Subsecs. (g), (h). Pub. L. 116260,  148(1) Subsec. (h)(3). Pub. L. 116260,  148(3) 2007Subsec. (g)(2). Pub. L. 110114 2000Subsec. (e)(3). Pub. L. 106541,  505(1) Subsec. (g). Pub. L. 106541,  505(2) Statutory Notes and Related Subsidiaries Dredged Material Management Plans Pub. L. 115270, title I,  1116 Oct. 23, 2018 132 Stat. 3776  (a)  In General For purposes of dredged material management plans initiated after the date of enactment of this Act [ Oct. 23, 2018 (b)  Report Not later than 60 days after the date of enactment of this Act, the Secretary shall submit to Congress a report on how the Corps of Engineers intends to meet the requirements of subsection (a). New York-New Jersey Harbor, New York and New Jersey Pub. L. 10653, title V,  540 Aug. 17, 1999 113 Stat. 350  (a)  In General The Secretary shall conduct a study to analyze the economic and environmental benefits and costs of potential sediment management and contaminant reduction measures. (b)  Cooperative Agreements In conducting the study, the Secretary may enter into cooperative agreements with non-Federal interests to investigate, develop, and support measures for sediment management and reduction of sources of contaminant that affect navigation in the Port of New York-New Jersey and the environmental conditions of the New York-New Jersey Harbor estuary.  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 104303 section 2201 of this title  2326c. Reservoir sediment (a) In general Not later than 180 days after October 23, 2018 (b) Requirements In carrying out this section, the Secretary shall (1) review the services of the non-Federal interest or commercial entity to ensure that the services are consistent with the authorized purposes of the project concerned; (2) ensure that the non-Federal interest or commercial entity will indemnify the United States for, or has entered into an agreement approved by the Secretary to address, any adverse impact to the dam as a result of such services; and (3) require the non-Federal interest or commercial entity, prior to initiating the services and upon completion of the services, to conduct sediment surveys to determine the pre- and post-services sediment profile and sediment quality. (c) Limitation (1) In general The Secretary may not accept services under subsection (a) if the Secretary, after consultation with the Chief of Engineers, determines that accepting the services is not advantageous to the United States. (2) Report to Congress If the Secretary makes a determination under paragraph (1), the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate written notice describing the reasoning for the determination. (d) Disposition of removed sediment In exchange for providing services under subsection (a), a non-Federal interest or commercial entity is authorized to retain, use, recycle, sell, or otherwise dispose of any sediment removed in connection with the services and the Corps of Engineers may not seek any compensation for the value of the sediment. (e) Congressional notification Prior to accepting services provided by a non-Federal interest or commercial entity under this section, the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate written notice of the acceptance of the services. (f) Report to Congress Not later than 3 years after October 23, 2018 ( Pub. L. 106541, title II,  215 Dec. 11, 2000 114 Stat. 2594 Pub. L. 114322, title I,  1115(a) Dec. 16, 2016 130 Stat. 1638 Pub. L. 115270, title I,  1146 Oct. 23, 2018 132 Stat. 3786  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 2000, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 2018Subsec. (a). Pub. L. 115270,  1146(1) October 23, 2018 December 16, 2016 Subsec. (b)(4). Pub. L. 115270,  1146(2) Subsec. (f). Pub. L. 115270,  1146(3) 2016 Pub. L. 114322 Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 106541 section 2201 of this title  2326d. Alternative projects to maintenance dredging  The Secretary may enter into agreements to assume the operation and maintenance costs of an alternative project to maintenance dredging for a Federal navigation channel if the costs of the operation and maintenance of the alternative project, and any remaining costs necessary for maintaining the Federal navigation channel, are less than the costs of maintaining such channel without the alternative project. ( Pub. L. 114322, title I,  1106 Dec. 16, 2016 130 Stat. 1634  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. Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 1002 of Pub. L. 114322 section 2201 of this title  2326e. Non-Federal interest dredging authority (a) In general The Secretary may permit a non-Federal interest to carry out, for an authorized navigation project (or a separable element of an authorized navigation project), such maintenance activities as are necessary to ensure that the project is maintained to not less than the minimum project dimensions. (b) Cost limitations Except as provided in this section and subject to the availability of appropriations, the costs incurred by a non-Federal interest in performing the maintenance activities described in subsection (a) shall be eligible for reimbursement, not to exceed an amount that is equal to the estimated Federal cost for the performance of the maintenance activities, with any reimbursement subject to the non-Federal interest complying with all Federal laws and regulations that would apply to such maintenance activities if carried out by the Secretary. (c) Agreement Before initiating maintenance activities under this section, a non-Federal interest shall enter into an agreement with the Secretary that specifies, for the performance of the maintenance activities, the terms and conditions that are acceptable to the non-Federal interest and the Secretary. (d) Provision of equipment In carrying out maintenance activities under this section, a non-Federal interest shall (1) provide equipment at no cost to the Federal Government; and (2) hold and save the United States free from any and all damage that arises from the use of the equipment of the non-Federal interest, except for damage due to the fault or negligence of a contractor of the Federal Government. (e) Reimbursement eligibility limitations Costs that are eligible for reimbursement under this section are the costs of maintenance activities directly related to the costs associated with operation and maintenance of a dredge based on the lesser of (1) the costs associated with operation and maintenance of the dredge during the period of time that the dredge is being used in the performance of work for the Federal Government during a given fiscal year; or (2) the actual fiscal year Federal appropriations that are made available for the portion of the maintenance activities for which the dredge was used. (f) Audit Not earlier than 5 years after December 16, 2016 (1) improved reliability and safety for navigation; and (2) cost savings to the Federal Government. (g) Termination of authority The authority of the Secretary under this section terminates on the date that is 10 years after December 16, 2016 ( Pub. L. 114322, title I,  1113 Dec. 16, 2016 130 Stat. 1637  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. Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 1002 of Pub. L. 114322 section 2201 of this title  2326f. Maintenance dredging data (a) In general The Secretary shall establish, maintain, and make publicly available a database on maintenance dredging carried out by the Secretary, which shall include information on maintenance dredging carried out by Federal and non-Federal vessels. (b) Scope The Secretary shall include in the database maintained under subsection (a), for each maintenance dredging project and contract, estimated and actual data on (1) the volume of dredged material removed; (2) the initial cost estimate of the Corps of Engineers; (3) the total cost, including a separate line item for all Federal costs associated with the disposal of dredged material; (4) the party and vessel carrying out the work; and (5) the number of private contractor bids received and the bid amounts, including bids that did not win the final contract award. ( Pub. L. 114322, title I,  1133 Dec. 16, 2016 130 Stat. 1654 Pub. L. 117263, div. H, title LXXXI,  8207 Dec. 23, 2022 136 Stat. 3756  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 2022Subsec. (b)(3). Pub. L. 117263 Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 1002 of Pub. L. 114322 section 2201 of this title  2326g. Beneficial use of dredged material; dredged material management plans (a) National policy on the beneficial use of dredged material (1) In general It is the policy of the United States for the Corps of Engineers to maximize the beneficial use, in an environmentally acceptable manner, of suitable dredged material obtained from the construction or operation and maintenance of water resources development projects. (2) Placement of dredged materials (A) In general In evaluating the placement of dredged material obtained from the construction or operation and maintenance of water resources development projects, the Secretary shall consider (i) the suitability of the dredged material for a full range of beneficial uses; and (ii) the economic and environmental benefits, efficiencies, and impacts (including the effects on living coral) of using the dredged material for beneficial uses, including, in the case of beneficial use activities that involve more than one water resources development project, the benefits, efficiencies, and impacts that result from the combined activities. (B) Calculation of Federal standard (i) Determination The economic benefits and efficiencies from the beneficial use of dredged material considered by the Secretary under subparagraph (A) shall be included in any determination relating to the Federal standard by the Secretary under section 335.7 of title 33, Code of Federal Regulations, for the placement or disposal of such material. (ii) Reports The Secretary shall submit to Congress (I) a report detailing the method and all of the factors utilized by the Corps of Engineers to determine the Federal standard referred to in clause (i); and (II) for each evaluation under subparagraph (A), a report displaying the calculations for economic and environmental benefits and efficiencies from the beneficial use of dredged material (including, where appropriate, the utilization of alternative dredging equipment and dredging disposal methods) considered by the Secretary under such subparagraph for the placement or disposal of such material. (C) Omitted ( Pub. L. 116260, div. AA, title I,  125(a) Dec. 27, 2020 134 Stat. 2636  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. Section is comprised of section 125(a) of div. AA of Pub. L. 116260 section 125(a) of div. AA of Pub. L. 116260 section 2326 of this title Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of div. AA of Pub. L. 116260 section 2201 of this title  2326h. Five-year regional dredged material management plans (1) In general Not later than 1 year after December 27, 2020 (2) Scope Each plan developed under this subsection shall include (A) a dredged material budget for each watershed or littoral system within the district; (B) an estimate of the amount of dredged material likely to be obtained through the construction or operation and maintenance of all water resources development projects projected to be carried out within the district during the 5-year period following submission of the plan, and the estimated timing for obtaining such dredged material; (C) an identification of potential water resources development projects projected to be carried out within the district during such 5-year period that are suitable for, or that require, the placement of dredged material, and an estimate of the amount of dredged material placement capacity of such projects; (D) an evaluation of (i) the suitability of the dredged material for a full range of beneficial uses; and (ii) the economic and environmental benefits, efficiencies, and impacts (including the effects on living coral) of using the dredged material for beneficial uses, including, in the case of beneficial use activities that involve more than one water resources development project, the benefits, efficiencies, and impacts that result from the combined activities; (E) the district-wide goals for beneficial use of the dredged material, including any expected cost savings from aligning and coordinating multiple projects (including projects across Corps districts) in the use of the dredged material; and (F) a description of potential beneficial use projects identified through stakeholder solicitation and coordination. (3) Public comment In developing each plan under this subsection, each District Commander shall provide notice and an opportunity for public comment, including a solicitation for stakeholders to identify beneficial use projects, in order to ensure, to the extent practicable, that beneficial use of dredged material is not foregone in a particular fiscal year or dredging cycle. (4) Public availability Upon submission of each plan to the Secretary under this subsection, each District Commander shall make the plan publicly available, including on a publicly available website. (5) Transmission to Congress As soon as practicable after receiving a plan under subsection (a), the Secretary shall transmit the plan to Congress. (6) Regional sediment management plans A plan developed under this section (A) shall be in addition to regional sediment management plans prepared under section 2326(a) of this title (B) shall not be subject to the limitations in section 2326(g) of this title ( Pub. L. 116260, div. AA, title I,  125(c) Dec. 27, 2020 134 Stat. 2638  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. 116260 section 2201 of this title  2327. Definition of rehabilitation for inland waterway projects For purposes of laws relating to navigation on inland and intracoastal waterways of the United States, the term rehabilitation means (1) major project feature restoration (A) which consists of structural work on an inland navigation facility operated and maintained by the Corps of Engineers; (B) which will significantly extend the physical life of the feature; (C) which is economically justified by a benefit-cost analysis; (D) which will take at least 2 years to complete; and (E) (i) which is initially funded before October 1, 1994 (ii) which is initially funded on or after such date and will require at least $20,000,000 in capital outlays; and (2) structural modification of a major project component (not exhibiting reliability problems) (A) which will enhance the operational efficiency of such component or any other major component of the project by increasing benefits beyond the original project design; and (B) which will require at least $1,000,000 in capital outlays. Such term does not include routine or deferred maintenance. The dollar amounts referred to in paragraphs (1) and (2) shall be adjusted annually according to the economic assumption published each year as guidance in the Annual Program and Budget Request for Civil Works Activities of the Corps of Engineers. ( Pub. L. 102580, title II,  205 Oct. 31, 1992 106 Stat. 4827 Pub. L. 113121, title II,  2006(a)(4) June 10, 2014 128 Stat. 1268  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 1992, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 2014Par. (1)(E)(ii). Pub. L. 113121  2327a. Rehabilitation of Corps of Engineers constructed pump stations (a) Definitions In this section: (1) Eligible pump station The term eligible pump station means a pump station (A) that is a feature of (i) a federally authorized flood or coastal storm risk management project; or (ii) an integrated flood risk reduction system that includes a federally authorized flood or coastal storm risk management project; and (B) the failure of which the Secretary has determined would demonstrably impact the function of the federally authorized flood or coastal storm risk management project. (2) Rehabilitation (A) In general The term rehabilitation, with respect to an eligible pump station, means to address a major deficiency of the eligible pump station caused by long-term degradation of the foundation, construction materials, or engineering systems or components of the eligible pump station. (B) Inclusions The term rehabilitation, with respect to an eligible pump station, includes (i) the incorporation into the eligible pump station of (I) current design standards; (II) efficiency improvements; and (III) associated drainage; and (ii) increasing the capacity of the eligible pump station, subject to the condition that the increase shall (I) significantly decrease the risk of loss of life and property damage; or (II) decrease total lifecycle rehabilitation costs for the eligible pump station. (b) Authorization The Secretary may carry out rehabilitation of an eligible pump station, if the Secretary determines that (1) the eligible pump station has a major deficiency; and (2) the rehabilitation is feasible. (c) Cost sharing The non-Federal interest for the eligible pump station shall (1) provide 35 percent of the cost of rehabilitation of an eligible pump station carried out under this section; and (2) provide all land, easements, rights-of-way, and necessary relocations associated with the rehabilitation described in subparagraph (A), at no cost to the Federal Government. (d) Agreement required The rehabilitation of an eligible pump station pursuant to this section shall be initiated only after a non-Federal interest has entered into a binding agreement with the Secretary (1) to pay the non-Federal share of the costs of rehabilitation under subsection (c); and (2) to pay 100 percent of the operation and maintenance costs of the rehabilitated eligible pump station, in accordance with regulations promulgated by the Secretary. (e) Treatment The rehabilitation of an eligible pump station pursuant to this section shall not be considered to be a separable element of the associated flood risk management project constructed by the Corps of Engineers. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $60,000,000, to remain available until expended. (g) Prioritization To the maximum extent practicable, the Secretary shall prioritize the rehabilitation of eligible pump stations under this section that benefit economically disadvantaged communities, as defined by the Secretary under section 160 of the Water Resources Development Act of 2020 ( 33 U.S.C. 2201 ( Pub. L. 116260, div. AA, title I,  133 Dec. 27, 2020 134 Stat. 2647 Pub. L. 117263, div. H, title LXXXI,  8152 Dec. 23, 2022 136 Stat. 3733  Editorial Notes  References in Text Section 160 of the Water Resources Development Act of 2020, referred to in subsec. (g), is section 160 of div. AA of Pub. L. 116260 section 2201 of this title 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. Amendments 2022Subsec. (a)(1). Pub. L. 117263,  8152(1) Subsec. (b). Pub. L. 117263,  8152(2) Subsec. (g). Pub. L. 117263,  8152(3) Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of div. AA of Pub. L. 116260 section 2201 of this title  2328. Challenge cost-sharing program for management of recreation facilities (a) In general The Secretary is authorized to develop and implement a program to share the cost of managing recreation facilities and natural resources at water resource development projects under the Secretarys jurisdiction. (b) Cooperative agreements To implement the program under this section, the Secretary is authorized to enter into cooperative agreements with non-Federal public and private entities to provide for operation and management of recreation facilities and natural resources at civil works projects under the Secretarys jurisdiction where such facilities and resources are being maintained at complete Federal expense. (c) User fees (1) Collection of fees (A) In general The Secretary may allow a non-Federal public entity that has entered into an agreement pursuant to subsection (b) to collect user fees for the use of developed recreation sites and facilities, whether developed or constructed by that entity or the Department of the Army. (B) Use of visitor reservation services A non-Federal public entity described in subparagraph (A) may use, to manage fee collections and reservations under this section, any visitor reservation service that the Secretary has provided for by contract or interagency agreement, subject to such terms and conditions as the Secretary determines to be appropriate. (2) Use of fees A non-Federal public entity that collects user fees under paragraph (1) (A) may retain up to 100 percent of the fees collected, as determined by the Secretary; and (B) notwithstanding section 460d3(b)(4) of title 16 (3) Terms and conditions The authority of a non-Federal public entity under this subsection shall be subject to such terms and conditions as the Secretary determines necessary to protect the interests of the United States. (d) Contributions For purposes of carrying out this section the Secretary may accept contributions of funds, materials, and services from non-Federal public and private entities. Any funds received by the Secretary under this section shall be deposited into the account in the Treasury of the United States entitled Contributions and Advances, Rivers and Harbors, Corps of Engineers (8862) and shall be available until expended to carry out the purposes of this section. ( Pub. L. 102580, title II,  225 Oct. 31, 1992 106 Stat. 4838 Pub. L. 104303, title II,  236(b) Oct. 12, 1996 110 Stat. 3705 Pub. L. 114322, title I,  1155 Dec. 16, 2016 130 Stat. 1663  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 1992, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 2016Subsecs. (c), (d). Pub. L. 114322 1996Subsec. (c). Pub. L. 104303 Recreation Partnership Initiative Pub. L. 104303, title V,  519 Oct. 12, 1996 110 Stat. 3765 Pub. L. 10653, title III,  350(a) Aug. 17, 1999 113 Stat. 310  (a)  In General The Secretary shall promote Federal, non-Federal, and private sector cooperation in creating public recreation opportunities and developing the necessary supporting infrastructure at water resources projects of the Corps of Engineers. (b)  Infrastructure Improvements. (1)  Recreation infrastructure improvements In determining the feasibility of the public-private cooperative under subsection (a), the Secretary shall provide such infrastructure improvements as are necessary to support a potential private recreational development at the Raystown Lake Project, Pennsylvania, generally in accordance with the Master Plan Update (1994) for the project. (2)  Agreement The Secretary shall enter into an agreement with an appropriate non-Federal public entity to ensure that the infrastructure improvements constructed by the Secretary on non-project lands pursuant to paragraph (1) are transferred to and operated and maintained by the non-Federal public entity. (3)  Engineering and design services The Secretary may perform engineering and design services for project infrastructure expected to be associated with the development of the site at Raystown Lake, Hesston, Pennsylvania. (4)  Authorization of appropriations There is authorized to be appropriated to carry out this subsection $3,000,000. (c)  Report Not later than December 31, 1998 Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 3 of Pub. L. 102580 section 2201 of this title  2328a. Special use permits (a) Special use permits (1) In general The Secretary may issue special permits for uses such as group activities, recreation events, motorized recreation vehicles, and such other specialized recreation uses as the Secretary determines to be appropriate, subject to such terms and conditions as the Secretary determines to be in the best interest of the Federal Government. (2) Fees (A) In general In carrying out this subsection, the Secretary may (i) establish and collect fees associated with the issuance of the permits described in paragraph (1); or (ii) accept in-kind services in lieu of those fees. (B) Outdoor recreation equipment The Secretary may establish and collect fees for the provision of outdoor recreation equipment and services for activities described in paragraph (1) at public recreation areas located at lakes and reservoirs operated by the Corps of Engineers. (C) Use of fees Any fees generated pursuant to this subsection shall be (i) retained at the site collected; and (ii) available for use, without further appropriation, solely for administering the special permits under this subsection and carrying out related operation and maintenance activities at the site at which the fees are collected. (b) Cooperative management (1) Program (A) In general Subject to subparagraph (B), the Secretary may enter into an agreement with a State or local government to provide for the cooperative management of a public recreation area if (i) the public recreation area is located (I) at a lake or reservoir operated by the Corps of Engineers; and (II) adjacent to or near a State or local park or recreation area; and (ii) the Secretary determines that cooperative management between the Corps of Engineers and a State or local government agency of a portion of the Corps of Engineers recreation area or State or local park or recreation area will allow for more effective and efficient management of those areas. (B) Restriction The Secretary may not transfer administration responsibilities for any public recreation area operated by the Corps of Engineers. (2) Acquisition of goods and services The Secretary may acquire from or provide to a State or local government with which the Secretary has entered into a cooperative agreement under paragraph (1) goods and services to be used by the Secretary and the State or local government in the cooperative management of the areas covered by the agreement. (3) Administration The Secretary may enter into 1 or more cooperative management agreements or such other arrangements as the Secretary determines to be appropriate, including leases or licenses, with non-Federal interests to share the costs of operation, maintenance, and management of recreation facilities and natural resources at recreation areas that are jointly managed and funded under this subsection. (c) Use of funds (1) In general If the Secretary determines that it is in the public interest for purposes of enhancing recreation opportunities at Corps of Engineers water resources development projects, the Secretary may use funds made available to the Secretary to support activities carried out by State, local, and tribal governments and such other public or private nonprofit entities as the Secretary determines to be appropriate. (2) Cooperative agreements Any use of funds pursuant to this subsection shall be carried out through the execution of a cooperative agreement, which shall contain such terms and conditions as the Secretary determines to be necessary in the public interest. ( Pub. L. 113121, title I,  1047 June 10, 2014 128 Stat. 1255  Editorial Notes Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Section is comprised of section 1047 of Pub. L. 113121 section 1047 of Pub. L. 113121 Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121 section 2201 of this title  2329. International outreach program (a) Authorization (1) In general The Secretary may engage in activities to inform the United States of technological innovations abroad that could significantly improve water resources development in the United States. (2) Inclusions Activities under paragraph (1) may include (A) development, monitoring, assessment, and dissemination of information about foreign water resources projects that could significantly improve water resources development in the United States; (B) research, development, training, and other forms of technology transfer and exchange; and (C) offering technical services that cannot be readily obtained in the private sector to be incorporated into water resources projects if the costs for assistance will be recovered under the terms of each project. (b) Cooperation The Secretary may carry out the provisions of this section in cooperation with Federal departments and agencies, State and local agencies, authorities, institutions, corporations (profit or nonprofit), foreign governments, or other organizations. (c) Funding The funds to carry out the provisions of this section shall include funds deposited in a special account with the Secretary of the Treasury for such purposes by any cooperating entity or organization according to cost-sharing agreements proscribed by the Secretary. Reimbursement for services provided under this section shall be credited to the appropriation concerned. ( Pub. L. 102580, title IV,  401 Oct. 31, 1992 106 Stat. 4862 Pub. L. 114322, title I,  1138 Dec. 16, 2016 130 Stat. 1657  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 1992, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 2016Subsec. (a). Pub. L. 114322 Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 3 of Pub. L. 102580 section 2201 of this title  2330. Aquatic ecosystem restoration (a) General authority (1) In general The Secretary may carry out a project to restore and protect an aquatic ecosystem or estuary if the Secretary determines that the project (A) (i) will improve the quality of the environment and is in the public interest; or (ii) will improve the elements and features of an estuary (as defined in section 2902 of this title (B) is cost-effective. (2) Dam removal A project under this section may include removal of a dam. (3) Anadromous fish habitat and passage (A) Measures A project under this section may include measures to improve habitat or passage for anadromous fish, including (i) installing fish bypass structures on small water diversions; (ii) modifying tide gates; and (iii) restoring or reconnecting floodplains and wetlands that are important for anadromous fish habitat or passage. (B) Benefits A project that includes measures under this paragraph shall be formulated to maximize benefits for the anadromous fish species benefitted by the project. (b) Cost sharing (1) In general Non-Federal interests shall provide 35 percent of the cost of construction of any project carried out under this section, including provision of all lands, easements, rights-of-way, and necessary relocations. (2) Form Before October 1, 2003 (c) Agreements (1) In general Construction of a project under this section shall be initiated only after a non-Federal interest has entered into a binding agreement with the Secretary to pay the non-Federal share of the costs of construction required by this section and to pay 100 percent of any operation, maintenance, and replacement and rehabilitation costs with respect to the project in accordance with regulations prescribed by the Secretary. (2) Nonprofit entities Notwithstanding section 1962d5b of title 42 (d) Cost limitation Not more than $10,000,000 in Federal funds may be allotted under this section for a project at any single locality. (e) Use of natural and nature-based features In carrying out a project to restore and protect an aquatic ecosystem or estuary under subsection (a), the Secretary shall consider, and may include, with the consent of the non-Federal interest, a natural feature or nature-based feature, as such terms are defined in section 2289a of this title (f) Funding There is authorized to be appropriated to carry out this section $62,500,000 for each fiscal year. (g) Prioritization The Secretary shall give projects that include measures described in subsection (a)(3) equal priority for implementation as other projects under this section. ( Pub. L. 104303, title II,  206 Oct. 12, 1996 110 Stat. 3679 Pub. L. 10653, title II,  210 Aug. 17, 1999 113 Stat. 287 Pub. L. 110114, title II,  2020 Nov. 8, 2007 121 Stat. 1078 Pub. L. 113121, title I,  1030(g) June 10, 2014 128 Stat. 1232 Pub. L. 115270, title I Oct. 23, 2018 132 Stat. 3787 Pub. L. 116260, div. AA, title I,  126(a) Dec. 27, 2020 134 Stat. 2640  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 1996, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 2020Subsec. (a)(3). Pub. L. 116260,  126(a)(1) Subsec. (g). Pub. L. 116260,  126(a)(2) 2018Subsec. (e). Pub. L. 115270,  1149(a)(2) Subsec. (f). Pub. L. 115270 2014Subsec. (d). Pub. L. 113121 2007Subsec. (a). Pub. L. 110114,  2020(1) (a) General authority (1) will improve the quality of the environment and is in the public interest; and (2) is cost-effective. Subsec. (e). Pub. L. 110114,  2020(2) 1999Subsec. (b). Pub. L. 10653,  210(1) Subsec. (c). Pub. L. 10653,  210(2) Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 104303 section 2201 of this title  2330a. Monitoring ecosystem restoration (a) In general In conducting a feasibility study for a project (or a component of a project) for ecosystem restoration, the Secretary shall ensure that the recommended project includes, as an integral part of the project, a plan for monitoring the success of the ecosystem restoration. (b) Monitoring plan The monitoring plan shall (1) include a description of the monitoring activities to be carried out, the criteria for ecosystem restoration success, and the estimated cost and duration of the monitoring; and (2) specify that the monitoring shall continue until such time as the Secretary determines that the criteria for ecosystem restoration success will be met. (c) Cost share For a period of 10 years from completion of construction of a project (or a component of a project) for ecosystem restoration, the Secretary shall consider the cost of carrying out the monitoring as a project cost. If the monitoring plan under subsection (b) requires monitoring beyond the 10-year period, the cost of monitoring shall be a non-Federal responsibility. (d) Inclusions A monitoring plan under subsection (b) shall include a description of (1) the types and number of restoration activities to be conducted; (2) the physical action to be undertaken to achieve the restoration objectives of the project; (3) the functions and values that will result from the restoration plan; and (4) a contingency plan for taking corrective actions in cases in which monitoring demonstrates that restoration measures are not achieving ecological success in accordance with criteria described in the monitoring plan. (e) Conclusion of operation and maintenance responsibility The responsibility of a non-Federal interest for operation and maintenance of the nonstructural and nonmechanical elements of a project, or a component of a project, for ecosystem restoration shall cease 10 years after the date on which the Secretary makes a determination of success under subsection (b)(2). (f) Federal obligations The Secretary is not responsible for the operation or maintenance of any components of a project with respect to which a non-Federal interest is released from obligations under subsection (e). ( Pub. L. 110114, title II,  2039 Nov. 8, 2007 121 Stat. 1100 Pub. L. 114322, title I,  1161 Dec. 16, 2016 130 Stat. 1668  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 2016Subsecs. (d) to (f). Pub. L. 114322 Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 110114 section 2201 of this title  2330b. Fish hatcheries (a) In general Notwithstanding any other provision of law, the Secretary may operate a fish hatchery for the purpose of restoring a population of fish species located in the region surrounding the fish hatchery that is listed as a threatened species or an endangered species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 (b) Costs A non-Federal entity, another Federal agency, or a group of non-Federal entities or other Federal agencies shall be responsible for 100 percent of the additional costs associated with managing a fish hatchery for the purpose described in subsection (a) that are not authorized as of December 16, 2016 ( Pub. L. 114322, title I,  1168 Dec. 16, 2016 130 Stat. 1671  Editorial Notes  References in Text The Endangered Species Act of 1973, referred to in subsec. (a), is Pub. L. 93205 Dec. 28, 1973 87 Stat. 884 section 1531 of Title 16 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. Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 1002 of Pub. L. 114322 section 2201 of this title  2330c. Aquatic ecosystem restoration (a) Definition of eligible entity In this section, the term eligible entity means (1) any State, Indian Tribe, irrigation district, or water district; (2) any State, regional, or local authority, the members of which include 1 or more organizations with water or power delivery authority; (3) any other entity or organization that owns a facility that is eligible for upgrade, modification or removal under this section; (4) any nonprofit conservation organization, acting in partnership with any entity listed in paragraphs (1) through (3), with respect to a project involving land or infrastructure owned by the entity; and (5) an agency established under State law for the joint exercise of powers or a combination of entities described in paragraphs (1) through (4). (b) General authority (1) In general Subject to the requirements of this section and paragraph (2), on request of any eligible entity the Secretary may negotiate and enter into an agreement on behalf of the United States to fund the design, study, and construction of an aquatic ecosystem restoration and protection project in a Reclamation State if the Secretary determines that the project is likely to improve the health of fisheries, wildlife or aquatic habitat, including through habitat restoration and improved fish passage via the removal or bypass of barriers to fish passage. (2) Exception With respect to an aquatic ecosystem restoration and protection project under this section that removes a dam or modifies a dam in a manner that reduces storage or diversion capacity, the Secretary may only negotiate and enter into an agreement to fund (A) the design or study of such project if the Secretary has received consent from the owner of the applicable dam; or (B) the construction of such project if the Secretary (i) identifies any eligible entity that receives water or power from the facility that is under consideration for removal or modification at the time of the request; (ii) notifies each eligible entity identified in clause (i) that the dam removal or modification project has been requested; and (iii) does not receive, by the date that is 120 days after the date on which all eligible entities have been notified under clause (ii), written objection from 1 or more eligible entities that collectively receive 13 or more of the water or power delivered from the facility that is under consideration for removal or modification at the time of the request. (c) Requirements (1) In general The Secretary shall accept and consider public comment prior to initiating design, study or development of a project under this section. (2) Preconditions Construction of a project under this section shall be a voluntary project initiated only after (A) an eligible entity has entered into an agreement with the Secretary to pay no less than 35 percent of the costs of project construction; (B) an eligible entity has entered an agreement to pay 100 percent of any operation, maintenance, and replacement and rehabilitation costs with respect to the project; (C) the Secretary determines the proposed project (i) will not result in an unmitigated adverse impact on fulfillment of existing water delivery obligations consistent with historical operations and applicable contracts; (ii) will not result in an unmitigated adverse effect on the environment; (iii) is consistent with the responsibilities of the Secretary (I) in the role as trustee for federally recognized Indian Tribes; and (II) to ensure compliance with any applicable international and Tribal treaties and agreements and interstate compacts and agreements; (iv) is in the financial interest of the United States based on a determination that the project advances Federal objectives including environmental enhancement objectives in a Reclamation State; and (v) complies with all applicable Federal and State law, including environmental laws; and (D) the Secretary has complied with all applicable environmental laws, including (i) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (ii) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 (iii) subtitle III of title 54. (d) Funding There is authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2022 through 2026, to remain available until expended. (e) Effects (1) In general Nothing in this section supersedes or limits any existing authority provided, or responsibility conferred, by any provision of law. (2) Effect on state water law Nothing in this section preempts or affects any (A) State water law; or (B) interstate compact governing water. (f) Compliance required The Secretary shall comply with applicable State water laws in carrying out this section. (g) Priority for projects providing regional benefits and assistance for aging assets When funding projects under this section, the Secretary shall prioritize projects that (1) are jointly developed and supported by a diverse array of stakeholders including representatives of irrigated agricultural production, hydroelectric production, potable water purveyors and industrial water users, Indian Tribes, commercial fishing interests, and nonprofit conservation organizations; (2) affect water resources management in 2 or more river basins while providing regional benefits not limited to fisheries restoration; (3) are a component of a broader strategy or plan to replace aging facilities with 1 or more alternate facilities providing similar benefits; and (4) contribute to the restoration of anadromous fish species listed under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 ( Pub. L. 116260, div. FF, title XI,  1109 Dec. 27, 2020 134 Stat. 3244  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsec. (c)(2)(D)(i), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 The Endangered Species Act of 1973, referred to in subsecs. (c)(2)(D)(ii) and (g)(4), is Pub. L. 93205 Dec. 28, 1973 87 Stat. 884 section 1531 of Title 16 Codification Section was enacted as part of Consolidated Appropriations Act, 2021, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Statutory Notes and Related Subsidiaries  Definitions Pub. L. 116260, div. FF, title XI,  1115 Dec. 27, 2020 134 Stat. 3251  In this title [enacting this section and sections 390g9 and 1477 of Title 43, Public Lands, and amending sections 1015 and 1015a of Title 16, Conservation, sections 1645 and 1647b of Title 25, Indians, sections 10362 and 10364 of Title 42, The Public Health and Welfare, section 510b of Title 43 (1)  Indian tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 (2)  Reclamation state The term Reclamation State means a State or territory described in the first section of the Act of June 17, 1902 32 Stat. 388 43 U.S.C. 391 (3)  Secretary The term Secretary means the Secretary of the Interior. [The first paragraph of 43 U.S.C. 391 act June 17, 1902, ch. 1093,  1 32 Stat. 388 43 U.S.C. 391 act June 12, 1906, ch. 3288 34 Stat. 259 section 391 of Title 43  2330d. Public recreational amenities in ecosystem restoration projects  At the request of a non-Federal interest, the Secretary is authorized to study the incorporation of public recreational amenities, including facilities for hiking, biking, walking, and waterborne recreation, into a project for ecosystem restoration, including a project carried out under section 2330 of this title ( Pub. L. 117263, div. H, title LXXXI,  8105 Dec. 23, 2022 136 Stat. 3699  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 2022, and also as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, 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 8002 of Pub. L. 117263 section 2201 of this title  2331. Use of continuing contracts for construction of certain projects (a) In general Notwithstanding any other provision of law, the Secretary shall not implement a fully allocated funding policy with respect to a water resource project if initiation of construction has occurred but sufficient funds are not available to complete the project. (b) Continuing contracts The Secretary shall enter into a continuing contract for a project described in subsection (a). (c) Initiation of construction clarified For the purposes of this section, initiation of construction for a project occurs on the date of enactment of an Act that appropriates funds for the project from 1 of the following appropriation accounts: (1) Construction, General. (2) Operation and Maintenance, General. (3) Flood Control, Mississippi River and Tributaries. ( Pub. L. 10653, title II,  206 Aug. 17, 1999 113 Stat. 286  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 1999, 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 Pub. L. 10653 section 2201 of this title  2331a. Initiating work on separable elements With respect to a water resources development project that has received construction funds in the previous 6-year period, for purposes of initiating work on a separable element of the project (1) no new start or new investment decision shall be required; and (2) the work shall be treated as ongoing work. ( Pub. L. 114322, title I,  1146 Dec. 16, 2016 130 Stat. 1659  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.  2332. Shoreline and riverine protection and restoration (a) In general The Secretary may carry out studies and projects to (1) reduce flood and hurricane and storm damage hazards; or (2) restore the natural functions and values of rivers and shorelines throughout the United States. (b) Studies and projects (1) Authority (A) Studies In carrying out subsection (a), the Secretary may carry out studies to identify appropriate measures for (i) the reduction of flood and hurricane and storm damage hazards, including measures for erosion mitigation and bank stabilization; or (ii) the conservation and restoration of the natural functions and values of rivers and shorelines. (B) Projects Subject to subsection (f)(2), in carrying out subsection (a), the Secretary may design and implement projects described in subsection (a). (2) Consultation and coordination The studies and projects carried out under this section shall be conducted, to the maximum extent practicable, in consultation and coordination with the Federal Emergency Management Agency and other appropriate Federal agencies, and in consultation and coordination with appropriate State and local agencies and tribes. (3) Nonstructural approaches The studies and projects shall emphasize, to the maximum extent practicable and appropriate, nonstructural approaches to preventing or reducing flood and hurricane and storm damages, including the use of natural features or nature-based features. (4) Participation The studies and projects shall be conducted, to the maximum extent practicable, in cooperation with State and local agencies and tribes to ensure the coordination of local flood and hurricane and storm damage reduction or riverine, shoreline, and wetland restoration studies with projects that conserve, restore, and manage hydrologic and hydraulic regimes and restore the natural functions and values of floodplains and coastal barriers. (c) Cost-sharing requirements (1) Studies Studies conducted under this section shall be subject to cost sharing in accordance with section 2215 of this title (2) Environmental restoration and nonstructural projects (A) In general Design and construction of a project under this section that includes a nonstructural measure, a natural feature or nature-based feature, or an environmental restoration measure, shall be subject to cost sharing in accordance with section 2213 of this title (B) Items provided by non-Federal interests The non-Federal interests shall provide all land, easements, rights-of-way, dredged material disposal areas, and relocations necessary for such projects. (C) Credit The value of such land, easements, rights-of-way, dredged material disposal areas, and relocations shall be credited toward the payment required under this paragraph. (3) Structural flood control or hurricane and storm damage reduction projects Any structural flood control or hurricane and storm damage reduction projects carried out under this section shall be subject to cost sharing in accordance with section 2213 of this title (4) Operation and maintenance The non-Federal interests shall be responsible for all costs associated with operating, maintaining, replacing, repairing, and rehabilitating all projects carried out under this section. (d) Project justification Notwithstanding any requirement for economic justification established under section 19622 of title 42 (1) will significantly reduce potential flood, hurricane and storm, or erosion damages; (2) will improve the quality of the environment; and (3) is justified considering all costs and beneficial outputs of the project. (e) Areas for Examination (1) In general In carrying out this section, the Secretary shall examine appropriate locations, including (A) Pima County, Arizona, at Paseo De Las Iglesias and Rillito River; (B) Coachella Valley, Riverside County, California; (C) Los Angeles and San Gabriel Rivers, California; (D) Murrieta Creek, California; (E) Napa River Valley watershed, California, at Yountville, St. Helena, Calistoga, and American Canyon; (F) Santa Clara basin, California, at Upper Guadalupe River and Tributaries, San Francisquito Creek, and Upper Penitencia Creek; (G) Pond Creek, Kentucky; (H) Red River of the North, Minnesota, North Dakota, and South Dakota; (I) Connecticut River, New Hampshire; (J) Pine Mount Creek, New Jersey; (K) Southwest Valley, Albuquerque, New Mexico; (L) Upper Delaware River, New York; (M) Briar Creek, North Carolina; (N) Chagrin River, Ohio; (O) Mill Creek, Cincinnati, Ohio; (P) Tillamook County, Oregon; (Q) Willamette River basin, Oregon; (R) Blair County, Pennsylvania, at Altoona and Frankstown Township; (S) Delaware River, Pennsylvania; (T) Schuylkill River, Pennsylvania; (U) Providence County, Rhode Island; (V) Shenandoah River, Virginia; (W) Lincoln Creek, Wisconsin; (X) Perry Creek, Iowa; (Y) Lester, St. Louis, East Savanna, and Floodwood Rivers, Duluth, Minnesota; (Z) Lower Hudson River and tributaries, New York; (AA) Susquehanna River watershed, Bradford County, Pennsylvania; (BB) Clear Creek, Harris, Galveston, and Brazoria Counties, Texas; (CC) Ascension Parish, Louisiana; (DD) East Baton Rouge Parish, Louisiana; (EE) Iberville Parish, Louisiana; (FF) Livingston Parish, Louisiana; and (GG) Pointe Coupee Parish, Louisiana. (2) Priority projects In carrying out this section, the Secretary shall prioritize projects for the following locations: (A) Delaware beaches and watersheds, Delaware. (B) Louisiana Coastal Area, Louisiana. (C) Great Lakes Shores and Watersheds. (D) Oregon Coastal Area and Willamette River basin, Oregon. (E) Upper Missouri River Basin. (F) Ohio River Tributaries and their watersheds, West Virginia. (G) Chesapeake Bay watershed and Maryland beaches, Maryland. (H) City of Southport, North Carolina. (I) Maumee River, Ohio. (J) Los Angeles and San Gabriel Rivers, California. (K) Kentucky River and its tributaries and watersheds. (f) Procedure (1) All projects The Secretary shall not implement any project under this section until (A) the Secretary submits to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written notification describing the project and the determinations made under subsection (d)(1); and (B) 21 calendar days have elapsed after the date on which the notification was received by the committees. (2) Projects requiring specific authorization If the Federal share of the cost to design and construct a project under this section exceeds $15,000,000, the Secretary may only carry out the project if Congress enacts a law authorizing the Secretary to carry out the project. (g) Definitions In this section: (1) Economically disadvantaged community The term economically disadvantaged community has the meaning given the term as defined by the Secretary under section 160 of the Water Resources Development Act of 2020 ( 33 U.S.C. 2201 (2) Natural feature; nature-based feature The terms natural feature and nature-based feature have the meanings given those terms in section 2289a(a) of this title ( Pub. L. 10653, title II,  212 Aug. 17, 1999 113 Stat. 288 Pub. L. 106541, title II,  227 Dec. 11, 2000 114 Stat. 2599 Pub. L. 110114, title V,  5005 Nov. 8, 2007 121 Stat. 1192 Pub. L. 117263, div. H, title LXXXI,  8103(a) Dec. 23, 2022 136 Stat. 3696  Editorial Notes  References in Text Section 160 of the Water Resources Development Act of 2020, referred to in subsec. (g)(1), is section 160 of div. AA of Pub. L. 116260 section 2201 of this title Codification Section was enacted as part of the Water Resources Development Act of 1999, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 2022 Pub. L. 117263,  8103(a)(1) Subsec. (a). Pub. L. 117263,  8103(a)(2) Subsec. (b)(1). Pub. L. 117263,  8103(a)(3)(A) Subsec. (b)(3). Pub. L. 117263,  8103(a)(3)(B) Subsec. (b)(4). Pub. L. 117263,  8103(a)(3)(C) Subsec. (c)(1). Pub. L. 117263,  8103(a)(4)(A) Subsec. (c)(2). Pub. L. 117263,  8103(a)(4)(B)(i) Subsec. (c)(2)(A). Pub. L. 117263,  8103(a)(4)(B)(ii) Subsec. (c)(3). Pub. L. 117263,  8103(a)(4)(C) section 2213 of this title section 2213(a) of this title Subsec. (d). Pub. L. 117263,  8103(a)(5) Subsec. (e). Pub. L. 117263,  8103(a)(6) Subsec. (f). Pub. L. 117263,  8103(a)(7) Subsec. (f)(2). Pub. L. 117263,  8103(a)(9) Subsec. (g). Pub. L. 117263,  8103(a)(7) Subsec. (h). Pub. L. 117263,  8103(a)(8) Subsec. (i). Pub. L. 117263,  8103(a)(7) 2007Subsec. (e)(23). Pub. L. 110114,  5005(a)(1) Subsec. (e)(29) to (33). Pub. L. 110114,  5005(a) Subsec. (i)(1). Pub. L. 110114,  5005(b) (A) $20,000,000 for fiscal year 2001; (B) $30,000,000 for fiscal year 2002; and (C) $50,000,000 for each of fiscal years 2003 through 2005. 2000Subsec. (e)(24) to (28). Pub. L. 106541 Statutory Notes and Related Subsidiaries  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 For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director 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 section 542 of Title 6  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 10653 section 2201 of this title  2333. Irrigation diversion protection and fisheries enhancement assistance (a) In general The Secretary may provide technical planning and design assistance to non-Federal interests and may conduct other site-specific studies to formulate and evaluate fish screens, fish passages devices, and other measures to decrease the incidence of juvenile and adult fish inadvertently entering irrigation systems. (b) Cooperation Measures under subsection (a) (1) shall be developed in cooperation with Federal and State resource agencies; and (2) shall not impair the continued withdrawal of water for irrigation purposes. (c) Priority In providing assistance under subsection (a), the Secretary shall give priority based on (1) the objectives of the Endangered Species Act of 1973 ( 16 U.S.C. 1531 (2) cost-effectiveness; and (3) the potential for reducing fish mortality. (d) Non-Federal share (1) In general The non-Federal share of the cost of measures under subsection (a) shall be 50 percent. (2) In-kind contributions Not more than 50 percent of the non-Federal contribution may be made through the provision of services, materials, supplies, or other in-kind contributions. (e) No construction activity This section does not authorize any construction activity. (f) Report Not later than 2 years after August 17, 1999 (1) fish mortality caused by irrigation water intake devices; (2) appropriate measures to reduce fish mortality; (3) the extent to which those measures are currently being employed in arid States; (4) the construction costs associated with those measures; and (5) the appropriate Federal role, if any, to encourage the use of those measures. ( Pub. L. 10653, title V,  515 Aug. 17, 1999 113 Stat. 344  Editorial Notes  References in Text The Endangered Species Act of 1973, referred to in subsec. (c)(1), is Pub. L. 93205 Dec. 28, 1973 87 Stat. 884 section 1531 of Title 16 Codification Section was enacted as part of the Water Resources Development Act of 1999, 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 Pub. L. 10653 section 2201 of this title  2334. Innovative technologies for watershed restoration  The Secretary shall examine using, and, if appropriate, encourage the use of, innovative treatment technologies, including membrane technologies, for watershed and environmental restoration and protection projects involving water quality. ( Pub. L. 10653, title V,  516 Aug. 17, 1999 113 Stat. 344  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 1999, 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 Pub. L. 10653 section 2201 of this title  2335. Coastal aquatic habitat management (a) In general The Secretary may cooperate with the Secretaries of Agriculture and the Interior, the Administrators of the Environmental Protection Agency and the National Oceanic and Atmospheric Administration, other appropriate Federal, State, and local agencies, and affected private entities, in the development of a management strategy to address problems associated with toxic microorganisms and the resulting degradation of ecosystems in the tidal and nontidal wetlands and waters of the United States. (b) Assistance As part of the management strategy, the Secretary may provide planning, design, and other technical assistance to each participating State in the development and implementation of nonregulatory measures to mitigate environmental problems and restore aquatic resources. (c) Cost sharing The Federal share of the cost of measures undertaken under this section shall not exceed 65 percent. (d) Operation and maintenance The non-Federal share of operation and maintenance costs for projects constructed with assistance provided under this section shall be 100 percent. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section $7,000,000 for the period beginning with fiscal year 2000. ( Pub. L. 10653, title V,  559 Aug. 17, 1999 113 Stat. 354  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 1999, 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 Pub. L. 10653 section 2201 of this title  2336. Abandoned and inactive noncoal mine restoration (a) In general The Secretary may provide technical, planning, and design assistance to Federal and non-Federal interests for carrying out projects to address water quality problems caused by drainage and related activities from abandoned and inactive noncoal mines. (b) Specific measures Assistance provided under subsection (a) may be in support of projects for the purposes of (1) managing drainage from abandoned and inactive noncoal mines; (2) restoring and protecting streams, rivers, wetlands, other waterbodies, and riparian areas degraded by drainage from abandoned and inactive noncoal mines; and (3) demonstrating management practices and innovative and alternative treatment technologies to minimize or eliminate adverse environmental effects associated with drainage from abandoned and inactive noncoal mines. (c) Non-Federal share The non-Federal share of the cost of assistance under subsection (a) shall be 50 percent, except that the Federal share with respect to projects located on land owned by the United States, on land held in trust by the Secretary of the Interior on behalf of, and for the benefit of, an Indian Tribe, or on restricted land of any Indian Tribe, shall be 100 percent. (d) Effect on authority of Secretary of the Interior Nothing in this section affects the authority of the Secretary of the Interior under title IV of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1231 (e) Technology database for reclamation of abandoned mines The Secretary may provide assistance to non-Federal and nonprofit entities to develop, manage, and maintain a database of conventional and innovative, cost-effective technologies for reclamation of abandoned and inactive noncoal mine sites. Such assistance shall be provided through the Restoration of Abandoned Mine Sites Program managed by the Albuquerque District Office of the Corps of Engineers. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $50,000,000. ( Pub. L. 10653, title V,  560 Aug. 17, 1999 113 Stat. 354 Pub. L. 108137, title I,  118 Dec. 1, 2003 117 Stat. 1836 Pub. L. 110114, title II,  2025 Nov. 8, 2007 121 Stat. 1079 Pub. L. 116260, div. AA, title III,  302 Dec. 27, 2020 134 Stat. 2703 Pub. L. 117263, div. H, title LXXXI,  8390 Dec. 23, 2022 136 Stat. 3831  Editorial Notes  References in Text The Surface Mining Control and Reclamation Act of 1977, referred to in subsec. (d), is Pub. L. 9587 Aug. 3, 1977 91 Stat. 445 section 1201 of Title 30 Codification Section was enacted as part of the Water Resources Development Act of 1999, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 2022Subsec. (c). Pub. L. 117263,  8390(1) Subsec. (e). Pub. L. 117263,  8390(2) Subsec. (f). Pub. L. 117263,  8390(3) 2020Subsec. (f). Pub. L. 116260 2007Subsec. (f). Pub. L. 110114 2003Subsec. (f). Pub. L. 108137 Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 10653 section 2201 of this title  2337. Property protection program (a) In general The Secretary may carry out a program to reduce vandalism and destruction of property at water resources development projects under the jurisdiction of the Department of the Army. (b) Provision of rewards In carrying out the program, the Secretary may provide rewards (including cash rewards) to individuals who provide information or evidence leading to the arrest and prosecution of individuals causing damage to Federal property. (c) Authorization of appropriations There is authorized to be appropriated to carry out this section $500,000 for fiscal year 2001 and each fiscal year thereafter. ( Pub. L. 106541, title II,  205 Dec. 11, 2000 114 Stat. 2590  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 2000, 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 Pub. L. 106541 section 2201 of this title  2338. Reburial and conveyance authority (a) Definition of Indian tribe In this section, the term Indian tribe has the meaning given the term in section 5304 of title 25 (b) Reburial (1) Reburial areas In consultation with affected Indian tribes, the Secretary may identify and set aside areas at civil works projects of the Department of the Army that may be used to rebury Native American remains that (A) have been discovered on project land; and (B) have been rightfully claimed by a lineal descendant or Indian tribe in accordance with applicable Federal law. (2) Reburial In consultation with and with the consent of the lineal descendant or the affected Indian tribe, the Secretary may recover and rebury, at Federal expense, the remains at the areas identified and set aside under subsection (b)(1). (c) Conveyance authority (1) In general Subject to paragraph (2), notwithstanding any other provision of law, the Secretary may convey to an Indian tribe for use as a cemetery an area at a civil works project that is identified and set aside by the Secretary under subsection (b)(1). (2) Retention of necessary property interests In carrying out paragraph (1), the Secretary shall retain any necessary right-of-way, easement, or other property interest that the Secretary determines to be necessary to carry out the authorized purposes of the project. ( Pub. L. 106541, title II,  208 Dec. 11, 2000 114 Stat. 2590  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 2000, 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 Pub. L. 106541 section 2201 of this title  2339. Assistance programs (a) Conservation and recreation management To further training and educational opportunities about water resources development projects under the jurisdiction of the Secretary, the Secretary may enter into cooperative agreements with non-Federal public and nonprofit entities for services relating to natural resources conservation or recreation management. (b) Rural community assistance In carrying out studies and projects under the jurisdiction of the Secretary, the Secretary may enter into cooperative agreements with multistate regional private nonprofit rural community assistance entities for services, including water resource assessment, community participation, planning, development, and management activities. (c) Youth service and conservation corps organizations The Secretary, to the maximum extent practicable, shall enter into cooperative agreements with qualified youth service and conservation corps organizations for services relating to projects under the jurisdiction of the Secretary and shall do so in a manner that ensures the maximum participation and opportunities for such organizations. (d) Cooperative agreements A cooperative agreement entered into under this section shall not be considered to be, or treated as being, a cooperative agreement to which chapter 63 of title 31 applies. ( Pub. L. 106541, title II,  213 Dec. 11, 2000 114 Stat. 2593 Pub. L. 113121, title I,  1047(e) June 10, 2014 128 Stat. 1257 Pub. L. 114322, title I,  1101 Dec. 16, 2016 130 Stat. 1632  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 2000, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 2016Subsecs. (c), (d). Pub. L. 114322 2014Subsec. (a). Pub. L. 113121 Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 106541 section 2201 of this title  2339a. Cooperative agreements with Indian tribes  The Secretary may enter into a cooperative agreement with an Indian tribe (or a designated representative of an Indian tribe) to carry out authorized activities of the Corps of Engineers to protect fish, wildlife, water quality, and cultural resources. ( Pub. L. 113121, title I,  1031(b) June 10, 2014 128 Stat. 1233  Editorial Notes Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, 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 Pub. L. 113121 section 2201 of this title  2340. Revision of project partnership agreement; cost sharing (a) Federal allocation Upon authorization by law of an increase in the maximum amount of Federal funds that may be allocated for a water resources project or an increase in the total cost of a water resources project authorized to be carried out by the Secretary, the Secretary shall enter into a revised partnership agreement for the project to take into account the change in Federal participation in the project. (b) Cost sharing An increase in the maximum amount of Federal funds that may be allocated for a water resources project, or an increase in the total cost of a water resources project, authorized to be carried out by the Secretary shall not affect any cost-sharing requirement applicable to the project. (c) Cost estimates The estimated Federal and non-Federal costs of water resources projects authorized to be carried out by the Secretary before, on, or after November 8, 2007 ( Pub. L. 110114, title II,  2008 Nov. 8, 2007 121 Stat. 1073  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Statutory Notes and Related Subsidiaries  Reference to Partnership Agreement Deemed Reference to Cooperation Agreement Reference to partnership agreement deemed to be reference to cooperation agreement, see section 2003(f)(3) of Pub. L. 110114 section 1962d5b of Title 42  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 110114 section 2201 of this title  2341. Expedited actions for emergency flood damage reduction  The Secretary shall expedite any authorized planning, design, and construction of any project for flood damage reduction for an area that, within the preceding 5 years, has been subject to flooding that resulted in the loss of life and caused damage of sufficient severity and magnitude to warrant a declaration of a major disaster by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 ( Pub. L. 110114, title II,  2009 Nov. 8, 2007 121 Stat. 1074  Editorial Notes  References in Text The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in text, is Pub. L. 93288 May 22, 1974 88 Stat. 143 section 5121 of Title 42 Codification Section was enacted as part of the Water Resources Development Act of 2007, 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 Pub. L. 110114 section 2201 of this title  2341a. Prioritization (a) Prioritization of hurricane and storm damage risk reduction efforts (1) Priority For authorized projects and ongoing feasibility studies with a primary purpose of hurricane and storm damage risk reduction, the Secretary shall give funding priority to projects and ongoing studies that (A) address an imminent threat to life and property; (B) prevent storm surge from inundating populated areas; (C) restore or prevent the loss of coastal wetlands that help reduce the impact of storm surge; (D) protect emergency hurricane evacuation routes or shelters; (E) prevent adverse impacts to publicly owned or funded infrastructure and assets; (F) minimize disaster relief costs to the Federal Government; and (G) address hurricane and storm damage risk reduction in an area for which the President declared a major disaster in accordance with section 5170 of title 42 (2) Expedited consideration of currently authorized projects Not later than 180 days after December 16, 2016 (A) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a list of all (i) ongoing hurricane and storm damage reduction feasibility studies that have signed feasibility cost-share agreements and have received Federal funds since 2009; and (ii) authorized hurricane and storm damage reduction projects; (B) identify those projects on the list required under subparagraph (A) that meet the criteria described in paragraph (1); and (C) provide a plan for expeditiously completing the projects identified under subparagraph (B), subject to available funding. (b) Prioritization of ecosystem restoration efforts (1) In general For authorized projects with a primary purpose of ecosystem restoration, the Secretary shall give funding priority to projects (A) that (i) address an identified threat to public health, safety, or welfare; (ii) preserve or restore ecosystems of national significance; or (iii) preserve or restore habitats of importance for federally protected species, including migratory birds; and (B) for which the restoration activities will contribute to other ongoing or planned Federal, State, or local restoration initiatives. (2) Expedited consideration of currently authorized programmatic authorities Not later than 180 days after December 16, 2016 (A) a list of all programmatic authorities for aquatic ecosystem restoration or improvement of the environment that (i) were authorized or modified in the Water Resources Development Act of 2007 ( Public Law 110114 121 Stat. 1041 (ii) that meet the criteria described in paragraph (1); and (B) a plan for expeditiously completing the projects under the authorities described in subparagraph (A), subject to available funding. ( Pub. L. 113121, title I,  1011 June 10, 2014 128 Stat. 1217 Pub. L. 114322, title I,  1322(a) Dec. 16, 2016 130 Stat. 1706  Editorial Notes  References in Text The Water Resources Development Act of 2007, referred to in subsec. (b)(2)(A)(i), is Pub. L. 110114 Nov. 8, 2007 121 Stat. 1041 Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 2016Subsec. (a)(1)(C). Pub. L. 114322,  1322(a)(1)(A) Subsec. (a)(2). Pub. L. 114322,  1322(a)(1)(B)(i) December 16, 2016 June 10, 2014 Subsec. (a)(2)(A)(ii). Pub. L. 114322,  1322(a)(1)(B)(ii) (I) have been authorized for more than 20 years but are less than 75 percent complete; or (II) are undergoing a post-authorization change report, general reevaluation report, or limited reevaluation report. Subsec. (b). Pub. L. 114322,  1322(a)(2) Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121 section 2201 of this title  2341b. Prioritization of certain projects The Secretary shall give priority to a project for flood risk management if (1) there is an executed project partnership agreement for the project; and (2) the project is located in an area (A) with respect to which (i) there has been a loss of life due to flood events; and (ii) the President has declared that a major disaster or emergency exists under section 5170 of title 42 (B) that is at significant risk for catastrophic flooding. ( Pub. L. 114322, title I,  1144 Dec. 16, 2016 130 Stat. 1659  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. Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 1002 of Pub. L. 114322 section 2201 of this title  2341c. Criteria for funding environmental infrastructure projects (a) In general Not later than 180 days after December 27, 2020 (b) Minimum criteria For the purposes of carrying out this section, the Secretary shall evaluate, at a minimum (1) the nature and extent of the positive and negative local economic impacts of the project, including (A) the benefits of the project to the local economy; (B) the extent to which the project will enhance local development; (C) the number of jobs that will be directly created by the project; and (D) the ability of the non-Federal interest to pay the applicable non-Federal share of the cost of the project; (2) the demographics of the location in which the project is to be carried out, including whether the project serves (A) a rural community; or (B) an economically disadvantaged community, including an economically disadvantaged minority community; (3) the amount of appropriations a project has received; (4) the funding capability of the Corps of Engineers with respect to the project; (5) whether the project could be carried out under other Federal authorities at an equivalent cost to the non-Federal interest; and (6) any other criteria that the Secretary considers to be appropriate. (c) 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. (d) Report to Congress For fiscal year 2022, and biennially thereafter, in conjunction with the Presidents annual budget submission to Congress under section 1105(a) of title 31 ( Pub. L. 116260, div. AA, title I,  137 Dec. 27, 2020 134 Stat. 2650  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. 116260 section 2201 of this title  Definitions For definition of economically disadvantaged community as used in this section, see section 160 of div. AA of Pub. L. 116260 section 2201 of this title  2342. Access to water resource data (a) In general Using available funds, the Secretary shall make publicly available, including on the Internet, all data in the custody of the Corps of Engineers on (1) the planning, design, construction, operation, and maintenance of water resources development projects; and (2) water quality and water management of projects owned, operated, or managed by the Corps of Engineers. (b) Limitation Nothing in this section may be construed to compel or authorize the disclosure of data or other information determined by the Secretary to be confidential information, privileged information, law enforcement information, national security information, infrastructure security information, personal information, or information the disclosure of which is otherwise prohibited by law. (c) Timing The Secretary shall ensure that data is made publicly available under subsection (a) as quickly as practicable after the data is generated by the Corps of Engineers. (d) Partnerships In carrying out this section, the Secretary may develop partnerships, including through cooperative agreements, with State, tribal, and local governments and other Federal agencies. ( Pub. L. 110114, title II,  2017 Nov. 8, 2007 121 Stat. 1077 Pub. L. 114322, title I,  1135 Dec. 16, 2016 130 Stat. 1656  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 2016 Pub. L. 114322 Statutory Notes and Related Subsidiaries Data Transparency Pub. L. 116260, div. AA, title I,  158(b) Dec. 27, 2020 134 Stat. 2662 The Secretary [of the Army] shall prioritize making publicly available water resources data in the custody of the Corps of Engineers, as authorized by section 2017 of the Water Resources Development Act of 2007 ( 33 U.S.C. 2342  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 110114 section 2201 of this title  2343. Independent peer review (a) Project studies subject to independent peer review (1) In general Project studies shall be subject to a peer review by an independent panel of experts as determined under this section. (2) Scope The peer review may include a review of the economic and environmental assumptions and projections, project evaluation data, economic analyses, environmental analyses, engineering analyses, formulation of alternative plans, methods for integrating risk and uncertainty, models used in evaluation of economic or environmental impacts of proposed projects, and any biological opinions of the project study. (3) Project studies subject to peer review (A) Mandatory A project study shall be subject to peer review under paragraph (1) if (i) the project has an estimated total cost of more than $200,000,000, including mitigation costs, and is not determined by the Chief of Engineers to be exempt from peer review under paragraph (6); (ii) the Governor of an affected State requests a peer review by an independent panel of experts; or (iii) the Chief of Engineers determines that the project study is controversial considering the factors set forth in paragraph (4). (B) Discretionary (i) Agency request A project study shall be considered by the Chief of Engineers for peer review under this section if the head of a Federal or State agency charged with reviewing the project study determines that the project is likely to have a significant adverse impact on environmental, cultural, or other resources under the jurisdiction of the agency after implementation of proposed mitigation plans and requests a peer review by an independent panel of experts. (ii) Deadline for decision A decision of the Chief of Engineers under this subparagraph whether to conduct a peer review shall be made within 21 days of the date of receipt of the request by the head of the Federal or State agency under clause (i). (iii) Reasons for not conducting peer review If the Chief of Engineers decides not to conduct a peer review following a request under clause (i), the Chief shall make publicly available, including on the Internet, the reasons for not conducting the peer review. (iv) Appeal to Chairman of Council on Environmental Quality A decision by the Chief of Engineers not to conduct a peer review following a request under clause (i) shall be subject to appeal by a person referred to in clause (i) to the Chairman of the Council on Environmental Quality if such appeal is made within the 30-day period following the date of the decision being made available under clause (iii). A decision of the Chairman on an appeal under this clause shall be made within 30 days of the date of the appeal. (4) Factors to consider In determining whether a project study is controversial under paragraph (3)(A)(iii), the Chief of Engineers shall consider if (A) there is a significant public dispute as to the size, nature, or effects of the project; or (B) there is a significant public dispute as to the economic or environmental costs or benefits of the project. (5) Project studies excluded from peer review The Chief of Engineers may exclude a project study from peer review under paragraph (1) (A) if the project study does not include an environmental impact statement and is a project study subject to peer review under paragraph (3)(A)(i) that the Chief of Engineers determines (i) is not controversial; (ii) has no more than negligible adverse impacts on scarce or unique cultural, historic, or tribal resources; (iii) has no substantial adverse impacts on fish and wildlife species and their habitat prior to the implementation of mitigation measures; and (iv) has, before implementation of mitigation measures, no more than a negligible adverse impact on a species listed as endangered or threatened species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 (B) if the project study (i) involves only the rehabilitation or replacement of existing hydropower turbines, lock structures, or flood control gates within the same footprint and for the same purpose as an existing water resources project; (ii) is for an activity for which there is ample experience within the Corps of Engineers and industry to treat the activity as being routine; and (iii) has minimal life safety risk; or (C) if the project study does not include an environmental impact statement and is a project study pursued under section 701s of this title section 701g of this title section 701r of this title section 577(a) of this title section 426g of this title section 426i of this title section 603a of this title section 2309a of this title section 2330 of this title (6) Determination of total cost For purposes of determining the estimated total cost of a project under paragraph (3)(A), the total cost shall be based upon the reasonable estimates of the Chief of Engineers at the completion of the reconnaissance study for the project. If the reasonable estimate of total costs is subsequently determined to be in excess of the amount in paragraph (3)(A), the Chief of Engineers shall make a determination whether a project study is required to be reviewed under this section. (b) Timing of peer review (1) In general The Chief of Engineers shall determine the timing of a peer review of a project study under subsection (a). In all cases, the peer review shall occur during the period beginning on the date of the signing of the feasibility cost-sharing agreement for the study and ending on the date established under subsection (e)(1)(A) for the peer review and shall be accomplished concurrent with the conducting of the project study. (2) Factors to consider In any case in which the Chief of Engineers has not initiated a peer review of a project study, the Chief of Engineers shall consider, at a minimum, whether to initiate a peer review at the time that (A) the without-project conditions are identified; (B) the array of alternatives to be considered are identified; and (C) the preferred alternative is identified. (3) Reasons for timing If the Chief of Engineers does not initiate a peer review for a project study at a time described in paragraph (2), the Chief shall (A) not later than 7 days after the date on which the Chief of Engineers determines not to initiate a peer review (i) notify the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of that decision; and (ii) make publicly available, including on the Internet, the reasons for not conducting the review; and (B) include the reasons for not conducting the review in the decision document for the project study. (4) Limitation on multiple peer review Nothing in this subsection shall be construed to require the Chief of Engineers to conduct multiple peer reviews for a project study. (c) Establishment of panels (1) In general For each project study subject to peer review under subsection (a), as soon as practicable after the Chief of Engineers determines that a project study will be subject to peer review, the Chief of Engineers shall contract with the National Academy of Sciences or a similar independent scientific and technical advisory organization or an eligible organization to establish a panel of experts to conduct a peer review for the project study. (2) Membership A panel of experts established for a project study under this section shall be composed of independent experts who represent a balance of areas of expertise suitable for the review being conducted. (3) Limitation on appointments The National Academy of Sciences or any other organization the Chief of Engineers contracts with under paragraph (1) to establish a panel of experts shall apply the National Academy of Sciences policy for selecting committee members to ensure that members selected for the panel of experts have no conflict with the project being reviewed. (4) Congressional and public notification Following the identification of a project study for peer review under this section, but prior to initiation of the review by the panel of experts, the Chief of Engineers shall, not later than 7 days after the date on which the Chief of Engineers determines to conduct a review (A) notify the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of the review conducted under this section; and (B) make publicly available, including on the Internet, information on (i) the dates scheduled for beginning and ending the review; (ii) the entity that has the contract for the review; and (iii) the names and qualifications of the panel of experts. (d) Duties of panels A panel of experts established for a peer review for a project study under this section shall (1) conduct the peer review for the project study; (2) assess the adequacy and acceptability of the economic, engineering, and environmental methods, models, and analyses used by the Chief of Engineers; (3) receive from the Chief of Engineers the public written and oral comments provided to the Chief of Engineers; (4) provide timely written and oral comments to the Chief of Engineers throughout the development of the project study, as requested; and (5) submit to the Chief of Engineers a final report containing the panels economic, engineering, and environmental analysis of the project study, including the panels assessment of the adequacy and acceptability of the economic, engineering, and environmental methods, models, and analyses used by the Chief of Engineers, to accompany the publication of the report of the Chief of Engineers for the project. (e) Duration of project study peer reviews (1) Deadline A panel of experts established under this section shall (A) complete its peer review under this section for a project study and submit a report to the Chief of Engineers under subsection (d)(5) not more than 60 days after the last day of the public comment period for the draft project study, or, if the Chief of Engineers determines that a longer period of time is necessary, such period of time determined necessary by the Chief of Engineers; and (B) terminate on the date of initiation of the State and agency review required by section 7011 of this title (2) Failure to meet deadline If a panel of experts does not complete its peer review of a project study under this section and submit a report to the Chief of Engineers under subsection (d)(5) on or before the deadline established by paragraph (1) for the peer review, the Chief of Engineers shall complete the project study without delay. (f) Recommendations of panel (1) Consideration by the Chief of Engineers After receiving a report on a project study from a panel of experts under this section and before entering a final record of decision for the project, the Chief of Engineers shall consider any recommendations contained in the report and prepare a written response for any recommendations adopted or not adopted. (2) Public availability and submission to Congress After receiving a report on a project study from a panel of experts under this section, the Chief of Engineers shall make available to the public, including on the Internet, and 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) a copy of the report not later than 7 days after the date on which the report is delivered to the Chief of Engineers; and (B) a copy of any written response of the Chief of Engineers on recommendations contained in the report not later than 3 days after the date on which the response is delivered to the Chief of Engineers. (3) Inclusion in project study A report on a project study from a panel of experts under this section and the written response of the Chief of Engineers shall be included in the final decision document for the project study. (g) Costs (1) In general The costs of a panel of experts established for a peer review under this section (A) shall be a Federal expense; and (B) shall not exceed $500,000. (2) Waiver The Chief of Engineers may waive the $500,000 limitation contained in paragraph (1)(B) in cases that the Chief of Engineers determines appropriate. (h) Applicability This section shall apply to (1) project studies initiated during the 2-year period preceding November 8, 2007 (2) project studies initiated during the period beginning on November 8, 2007 November 8, 2007 (i) Reports (1) Initial report Not later than 3 years after November 8, 2007 (2) Additional report Not later than 6 years after November 8, 2007 (j) Nonapplicability of chapter 10 of title 5 Chapter 10 of title 5 shall not apply to a peer review panel established under this section. (k) Savings clause Nothing in this section shall be construed to affect any authority of the Chief of Engineers to cause or conduct a peer review of a water resources project existing on November 8, 2007 (l) Definitions In this section, the following definitions apply: (1) Project study The term project study means (A) a feasibility study or reevaluation study for a water resources project, including the environmental impact statement prepared for the study; and (B) any other study associated with a modification of a water resources project that includes an environmental impact statement, including the environmental impact statement prepared for the study. (2) Affected State The term affected State, as used with respect to a water resources project, means a State all or a portion of which is within the drainage basin in which the project is or would be located and would be economically or environmentally affected as a consequence of the project. (3) Eligible organization The term eligible organization means an organization that (A) is described in section 501(c)(3), and exempt from Federal tax under section 501(a), of title 26; (B) is independent; (C) is free from conflicts of interest; (D) does not carry out or advocate for or against Federal water resources projects; and (E) has experience in establishing and administering peer review panels. (4) Total cost The term total cost, as used with respect to a water resources project, means the cost of construction (including planning and designing) of the project. In the case of a project for hurricane and storm damage reduction or flood damage reduction that includes periodic nourishment over the life of the project, the term includes the total cost of the nourishment. ( Pub. L. 110114, title II,  2034 Nov. 8, 2007 121 Stat. 1086 Pub. L. 113121, title I,  1044 June 10, 2014 128 Stat. 1250 Pub. L. 115270, title I,  1141 Oct. 23, 2018 132 Stat. 3785 Pub. L. 117286,  4(a)(203) Dec. 27, 2022 136 Stat. 4328  Editorial Notes  References in Text The Endangered Species Act of 1973, referred to in subsec. (a)(5)(A)(iv), is Pub. L. 93205 Dec. 28, 1973 87 Stat. 884 section 1531 of Title 16 Codification Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 2022Subsec. (j). Pub. L. 117286 2018Subsec. (h)(2). Pub. L. 115270 2014Subsec. (a)(3)(A)(i). Pub. L. 113121,  1044(a) Subsec. (b)(3), (4). Pub. L. 113121,  1044(b) Subsec. (c)(4). Pub. L. 113121,  1044(c) Subsec. (f)(2), (3). Pub. L. 113121,  1044(d) Subsec. (h)(2). Pub. L. 113121,  1044(e)  2344. Safety assurance review (a) Projects subject to safety assurance review The Chief of Engineers shall ensure that the design and construction activities for hurricane and storm damage reduction and flood damage reduction projects are reviewed by independent experts under this section if the Chief of Engineers determines that a review by independent experts is necessary to assure public health, safety, and welfare. (b) Factors In determining whether a review of design and construction of a project is necessary under this section, the Chief of Engineers shall consider whether (1) the failure of the project would pose a significant threat to human life; (2) the project involves the use of innovative materials or techniques; (3) the project design lacks redundancy; or (4) the project has a unique construction sequencing or a reduced or overlapping design construction schedule. (c) Safety assurance review (1) Initiation of review At the appropriate point in the development of detailed engineering and design specifications for each water resources project subject to review under this section, the Chief of Engineers shall initiate a safety assurance review by independent experts on the design and construction activities for the project. (2) Selection of reviewers A safety assurance review under this section shall include participation by experts selected by the Chief of Engineers from among individuals who are distinguished experts in engineering, hydrology, or other appropriate disciplines. The Chief of Engineers shall apply the National Academy of Sciences policy for selecting reviewers to ensure that reviewers have no conflict of interest with the project being reviewed. (3) Compensation An individual serving as an independent reviewer under this section shall be compensated at a rate of pay to be determined by the Secretary and shall be allowed travel expenses. (d) Scope of safety assurance reviews A safety assurance review under this section shall include a review of the design and construction activities prior to the initiation of physical construction and periodically thereafter until construction activities are completed on a regular schedule sufficient to inform the Chief of Engineers on the adequacy, appropriateness, and acceptability of the design and construction activities for the purpose of assuring public health, safety, and welfare. The Chief of Engineers shall ensure that reviews under this section do not create any unnecessary delays in design and construction activities. (e) Safety assurance review record The written recommendations of a reviewer or panel of reviewers under this section and the responses of the Chief of Engineers shall be available to the public, including through electronic means on the Internet. (f) Applicability This section shall apply to any project in design or under construction on November 8, 2007 November 8, 2007 November 8, 2007 (g) Nonapplicability of chapter 10 of title 5 Chapter 10 of title 5 shall not apply to a safety assurance review conducted under this section. ( Pub. L. 110114, title II,  2035 Nov. 8, 2007 121 Stat. 1091 Pub. L. 113121, title III,  3028 June 10, 2014 128 Stat. 1305 Pub. L. 117286,  4(a)(204) Dec. 27, 2022 136 Stat. 4328  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 2022Subsec. (g). Pub. L. 117286 2014Subsec. (g). Pub. L. 113121 Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 110114 section 2201 of this title  2345. Electronic submission and tracking of permit applications (a) Development of electronic system (1) In general The Secretary shall research, develop, and implement an electronic system to allow the electronic preparation and submission of applications for permits and requests for jurisdictional determinations under the jurisdiction of the Secretary. (2) Inclusion The electronic system required under paragraph (1) shall address (A) applications for standard individual permits; (B) applications for letters of permission; (C) joint applications with States for State and Federal permits; (D) applications for emergency permits; (E) applications or requests for jurisdictional determinations; and (F) preconstruction notification submissions, when required for a nationwide or other general permit. (3) Improving existing data systems The Secretary shall seek to incorporate the electronic system required under paragraph (1) into existing systems and databases of the Corps of Engineers to the maximum extent practicable. (4) Protection of information The electronic system required under paragraph (1) shall provide for the protection of personal, private, privileged, confidential, and proprietary information, and information the disclosure of which is otherwise prohibited by law. (b) System requirements The electronic system required under subsection (a) shall (1) enable an applicant or requester to prepare electronically an application for a permit or request; (2) enable an applicant or requester to submit to the Secretary, by email or other means through the Internet, the completed application form or request; (3) enable an applicant or requester to submit to the Secretary, by email or other means through the Internet, data and other information in support of the permit application or request; (4) provide an online interactive guide to provide assistance to an applicant or requester at any time while filling out the permit application or request; and (5) enable an applicant or requester (or a designated agent) to track the status of a permit application or request in a manner that will (A) allow the applicant or requester to determine whether the application is pending or final and the disposition of the request; (B) allow the applicant or requester to research previously submitted permit applications and requests within a given geographic area and the results of such applications or requests; and (C) allow identification and display of the location of the activities subject to a permit or request through a map-based interface. (c) Documentation All permit decisions and jurisdictional determinations made by the Secretary shall be in writing and include documentation supporting the basis for the decision or determination. The Secretary shall prescribe means for documenting all decisions or determinations to be made by the Secretary. (d) Record of determinations (1) In general The Secretary shall maintain, for a minimum of 5 years, a record of each permit decision and jurisdictional determination made by the Secretary, including documentation supporting the basis of the decision or determination. (2) Archiving of information The Secretary shall explore and implement an appropriate mechanism for archiving records of permit decisions and jurisdictional determinations, including documentation supporting the basis of the decisions and determinations, after the 5-year maintenance period described in paragraph (1). (e) Availability of determinations (1) In general The Secretary shall make the records of all permit decisions and jurisdictional determinations made by the Secretary available to the public for review and reproduction. (2) Protection of information The Secretary shall provide for the protection of personal, private, privileged, confidential, and proprietary information, and information the disclosure of which is prohibited by law, which may be excluded from disclosure. (f) Deadline for electronic system implementation (1) In general The Secretary shall develop and implement, to the maximum extent practicable, the electronic system required under subsection (a) not later than 2 years after December 23, 2022 (2) Update on electronic system implementation 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 quarterly update describing the status of the implementation of this section. (g) Applicability The requirements described in subsections (c), (d), and (e) shall apply to permit applications and requests for jurisdictional determinations submitted to the Secretary after December 16, 2016 (h) Limitation This section shall not preclude the submission to the Secretary, acting through the Chief of Engineers, of a physical copy of a permit application or a request for a jurisdictional determination. ( Pub. L. 110114, title II,  2040 Nov. 8, 2007 121 Stat. 1100 Pub. L. 114322, title I,  1134(a) Dec. 16, 2016 130 Stat. 1654 Pub. L. 117263, div. H, title LXXXI,  8226 Dec. 23, 2022 136 Stat. 3764  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 2022Subsec. (f)(1). Pub. L. 117263,  8226(1) December 23, 2022 December 16, 2016 Subsec. (f)(2). Pub. L. 117263,  8226(2) 2016 Pub. L. 114322 Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 110114 section 2201 of this title  2346. Project administration (a) Project tracking The Secretary shall assign a unique tracking number to each water resources project under the jurisdiction of the Secretary to be used by each Federal agency throughout the life of the project. (b) Report repository (1) In general The Secretary shall provide to the Library of Congress a copy of each final feasibility study, final environmental impact statement, final reevaluation report, final post-authorization change report, record of decision, and report to Congress prepared by the Corps of Engineers. (2) Availability to public Each document described in paragraph (1) shall be made available to the public, and an electronic copy of each document shall be made permanently available to the public through the Internet. ( Pub. L. 110114, title II,  2041 Nov. 8, 2007 121 Stat. 1100 Pub. L. 114322, title I,  1136(b) Dec. 16, 2016 130 Stat. 1657  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 2016Subsec. (b)(1). Pub. L. 114322 Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 110114 section 2201 of this title  2347. Coordination and scheduling of Federal, State, and local actions (a) Notice of intent Upon request of the non-Federal interest in the form of a written notice of intent to construct or modify a non-Federal water supply, wastewater infrastructure, flood damage reduction, storm damage reduction, ecosystem restoration, or navigation project that requires the approval of the Secretary, the Secretary shall initiate, subject to subsection (c), procedures to establish a schedule for consolidating Federal, State, and local agency and Indian tribe environmental assessments, project reviews, and issuance of all permits for the construction or modification of the project. All States and Indian tribes having jurisdiction over the proposed project shall be invited by the Secretary, but shall not be required, to participate in carrying out this section with respect to the project. (b) Coordination The Secretary shall seek, to the extent practicable, to consolidate hearing and comment periods, procedures for data collection and report preparation, and the environmental review and permitting processes associated with the project and related activities. The Secretary shall notify, to the extent possible, the non-Federal interest of its responsibilities for data development and information that may be necessary to process each permit required for the project, including a schedule when the information and data should be provided to the appropriate Federal, State, or local agency or Indian tribe. (c) Costs of coordination The costs incurred by the Secretary to establish and carry out a schedule to consolidate Federal, State, and local agency and Indian tribe environmental assessments, project reviews, and permit issuance for a project under this section shall be paid by the non-Federal interest. (d) Report on timesavings methods Not later than 3 years after November 8, 2007 ( Pub. L. 110114, title II,  2044 Nov. 8, 2007 121 Stat. 1102  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Statutory Notes and Related Subsidiaries Local Government Reservoir Permit Review Pub. L. 115270, title I,  1119 Oct. 23, 2018 132 Stat. 3777 Pub. L. 116260, div. AA, title III,  343 Dec. 27, 2020 134 Stat. 2715  (a)  In General During the 10-year period after the date of enactment of this section [ Oct. 23, 2018 (1) any portion of the water resources available to the area served by the local governmental entity is polluted by chemicals used at a formerly used defense site under the jurisdiction of the Department of Defense that is undergoing (or is scheduled to undergo) environmental restoration under chapter 160 of title 10, United States Code; and (2) mitigation of the pollution described in paragraph (1) is ongoing. (b)  Covered Permit Defined In this section, the term covered permit means a permit to be issued by the Secretary to modify a reservoir, with respect to which not less than 80 percent of the water rights are held for drinking water supplies, in order to accommodate projected water supply needs of an area with a population of less than 80,000. (c)  Limitations Nothing in this section affects any obligation to comply with the provisions of any Federal law, including (1) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (2) the Federal Water Pollution Control Act ( 33 U.S.C. 1251  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 110114 section 2201 of this title  2347a. Determination of project completion (a) In general The Secretary shall notify the applicable non-Federal interest when construction of a water resources project or a functional portion of the project is completed so the non-Federal interest may commence responsibilities, as applicable, for operating and maintaining the project. (b) Non-Federal interest appeal of determination (1) In general Not later than 7 days after receiving a notification under subsection (a), the non-Federal interest may appeal the completion determination of the Secretary in writing with a detailed explanation of the basis for questioning the completeness of the project or functional portion of the project. (2) Independent review (A) In general On notification that a non-Federal interest has submitted an appeal under paragraph (1), the Secretary shall contract with 1 or more independent, non-Federal experts to evaluate whether the applicable water resources project or functional portion of the project is complete. (B) Timeline An independent review carried out under subparagraph (A) shall be completed not later than 180 days after the date on which the Secretary receives an appeal from a non-Federal interest under paragraph (1). ( Pub. L. 113121, title I,  1010 June 10, 2014 128 Stat. 1217  Editorial Notes Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, 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 Pub. L. 113121 section 2201 of this title  2347b. Purpose and need (a) Purpose and need statements (1) In general Not later than 90 days after the date of receipt of a complete application for a water storage project, the District Engineer shall develop and provide to the applicant a purpose and need statement that describes (A) whether the District Engineer concurs with the assessment of the purpose of and need for the water storage project proposed by the applicant; and (B) in any case in which the District Engineer does not concur as described in subparagraph (A), an assessment by the District Engineer of the purpose of and need for the project. (2) Effect on environmental impact statements No environmental impact statement or environmental assessment required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (b) Appeals request A non-Federal interest may use the administrative appeals process described in part 331 of title 33, Code of Federal Regulations (or any succeeding regulation), in relation to a decision of the Secretary related to an application for a water storage project. ( Pub. L. 115270, title I,  1126 Oct. 23, 2018 132 Stat. 3779  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsec. (a)(2), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 Codification Section was enacted as part of the Water Resources Development Act of 2018, and also as part of the Americas Water Infrastructure Act of 2018, 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 102 of Pub. L. 115270 section 2201 of this title  2347c. Small water storage projects (a) In general The Secretary shall carry out a program to study and construct new, or enlarge existing, small water storage projects, in partnership with a non-Federal interest. (b) Requirements To be eligible to participate in the program under this section, a small water storage project shall (1) in the case of a new small water storage project, have a water storage capacity of not less than 2,000 acre-feet and not more than 30,000 acre-feet; (2) in the case of an enlargement of an existing small water storage project, be for an enlargement of not less than 1,000 acre-feet and not more than 30,000 acre-feet; (3) provide (A) flood risk management benefits; (B) ecological benefits; or (C) water management, water conservation, or water supply; and (4) be (A) economically justified, environmentally acceptable, and technically feasible; or (B) in the case of a project providing ecological benefits, cost-effective with respect to such benefits. (c) Scope In carrying out the program under this section, the Secretary shall give preference to a small water storage project located in a State with a population of less than 1,000,000. (d) Expedited projects For the 10-year period beginning on December 27, 2020 (e) Use of data In conducting a study under this section, to the maximum extent practicable, the Secretary shall (1) as the Secretary determines appropriate, consider and utilize any applicable hydrologic, economic, or environmental data that is prepared for a small water storage project under State law as the documentation, or part of the documentation, required to complete State water plans or other State planning documents relating to water resources management; and (2) consider information developed by the non-Federal interest in relation to another study, to the extent the Secretary determines such information is applicable, appropriate, or otherwise authorized by law. (f) Cost share (1) Study The Federal share of the cost of a study conducted under this section shall be (A) 100 percent for costs not to exceed $100,000; and (B) 50 percent for any costs above $100,000. (2) Construction A small water storage project carried out under this section shall be subject to the cost-sharing requirements applicable to projects under section 2213 of this title (A) municipal and industrial water supply: 100 percent non-Federal; (B) agricultural water supply: 35 percent non-Federal; and (C) recreation, including recreational navigation: 50 percent of separable costs and, in the case of any harbor or inland harbor or channel project, 50 percent of joint and separable costs allocated to recreational navigation. (g) OMRRR responsibility The costs of operation, maintenance, repair, and replacement and rehabilitation for a small water storage project constructed under this section shall be the responsibility of the non-Federal interest. (h) Individual project limit Not more than $65,000,000 in Federal funds may be made available to a small water storage project under this section. (i) Authorization of appropriations There is authorized to be appropriated to carry out this section $130,000,000 annually through fiscal year 2030. ( Pub. L. 116260, div. AA, title I,  155 Dec. 27, 2020 134 Stat. 2660  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. 116260 section 2201 of this title  2348. Project acceleration (a) Definitions In this section: (1) Environmental impact statement The term environmental impact statement means the detailed statement of environmental impacts of a project required to be prepared pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (2) Environmental review process (A) In general The term environmental review process means the process of preparing an environmental impact statement, environmental assessment, categorical exclusion, or other document under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (B) Inclusions The term environmental review process includes the process for and completion of any environmental permit, approval, review, or study required for a project study under any Federal law other than the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (3) Federal jurisdictional agency The term Federal jurisdictional agency means a Federal agency with jurisdiction delegated by law, regulation, order, or otherwise over a review, analysis, opinion, statement, permit, license, or other approval or decision required for a project study under applicable Federal laws (including regulations). (4) Federal lead agency The term Federal lead agency means the Corps of Engineers. (5) Project The term project means a water resources development project to be carried out by the Secretary. (6) Project sponsor The term project sponsor has the meaning given the term non-Federal interest in section 1962d5b(b) of title 42 (7) Project study The term project study means a feasibility study for a project carried out pursuant to section 2282 of this title (b) Applicability (1) In general This section (A) shall apply to each project study that is initiated after June 10, 2014 42 U.S.C. 4321 (B) may be applied, to the extent determined appropriate by the Secretary, to other project studies initiated after June 10, 2014 (2) Flexibility Any authority granted under this section may be exercised, and any requirement established under this section may be satisfied, for the conduct of an environmental review process for a project study, a class of project studies, or a program of project studies. (3) List of project studies (A) In general The Secretary shall annually prepare, and make publicly available, a separate list of each study that the Secretary has determined (i) meets the standards described in paragraph (1); and (ii) does not have adequate funding to make substantial progress toward the completion of the project study. (B) Inclusions The Secretary shall include for each project study on the list under subparagraph (A) a description of the estimated amounts necessary to make substantial progress on the project study. (c) Project review process (1) In general The Secretary shall develop and implement a coordinated environmental review process for the development of project studies. (2) Coordinated review The coordinated environmental review process described in paragraph (1) shall require that any review, analysis, opinion, statement, permit, license, or other approval or decision issued or made by a Federal, State, or local governmental agency or an Indian tribe for a project study described in subsection (b) be conducted, to the maximum extent practicable, concurrently with any other applicable governmental agency or Indian tribe. (3) Timing The coordinated environmental review process under this subsection shall be completed not later than the date on which the Secretary, in consultation and concurrence with the agencies identified under subsection (e), establishes with respect to the project study. (d) Lead agencies (1) Joint lead agencies (A) In general At the discretion of the Secretary and subject to the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (B) Project sponsor as joint lead agency A project sponsor that is a State or local governmental entity may (i) with the concurrence of the Secretary, serve as a joint lead agency with the Federal lead agency for purposes of preparing any environmental document under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (ii) prepare any environmental review process document under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (I) the Secretary provides guidance in the preparation process and independently evaluates that document; (II) the project sponsor complies with all requirements applicable to the Secretary under (aa) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (bb) any regulation implementing that Act; and (cc) any other applicable Federal law; and (III) the Secretary approves and adopts the document before the Secretary takes any subsequent action or makes any approval based on that document, regardless of whether the action or approval of the Secretary results in Federal funding. (2) Duties The Secretary shall ensure that (A) the project sponsor complies with all design and mitigation commitments made jointly by the Secretary and the project sponsor in any environmental document prepared by the project sponsor in accordance with this subsection; and (B) any environmental document prepared by the project sponsor is appropriately supplemented to address any changes to the project the Secretary determines are necessary. (3) Adoption and use of documents Any environmental document prepared in accordance with this subsection shall be adopted and used by any Federal agency making any determination related to the project study to the same extent that the Federal agency could adopt or use a document prepared by another Federal agency under (A) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (B) parts 1500 through 1508 of title 40, Code of Federal Regulations (or successor regulations). (4) Roles and responsibility of lead agency With respect to the environmental review process for any project study, the Federal lead agency shall have authority and responsibility (A) to take such actions as are necessary and proper and within the authority of the Federal lead agency to facilitate the expeditious resolution of the environmental review process for the project study; and (B) to prepare or ensure that any required environmental impact statement or other environmental review document for a project study required to be completed under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (e) Participating and cooperating agencies (1) Identification of jurisdictional agencies With respect to carrying out the environmental review process for a project study, the Secretary shall identify, as early as practicable in the environmental review process, all Federal, State, and local government agencies and Indian tribes that may (A) have jurisdiction over the project; (B) be required by law to conduct or issue a review, analysis, opinion, or statement for the project study; or (C) be required to make a determination on issuing a permit, license, or other approval or decision for the project study. (2) State authority If the environmental review process is being implemented by the Secretary for a project study within the boundaries of a State, the State, consistent with State law, may choose to participate in the process and to make subject to the process all State agencies that (A) have jurisdiction over the project; (B) are required to conduct or issue a review, analysis, opinion, or statement for the project study; or (C) are required to make a determination on issuing a permit, license, or other approval or decision for the project study. (3) Invitation (A) In general The Federal lead agency shall invite, as early as practicable in the environmental review process, any agency identified under paragraph (1) to become a participating or cooperating agency, as applicable, in the environmental review process for the project study. (B) Deadline An invitation to participate issued under subparagraph (A) shall set a deadline by which a response to the invitation shall be submitted, which may be extended by the Federal lead agency for good cause. (4) Procedures Section 1501.6 of title 40, Code of Federal Regulations (as in effect on June 10, 2014 (5) Federal cooperating agencies Any Federal agency that is invited by the Federal lead agency to participate in the environmental review process for a project study shall be designated as a cooperating agency by the Federal lead agency unless the invited agency informs the Federal lead agency, in writing, by the deadline specified in the invitation that the invited agency (A) (i) (I) has no jurisdiction or authority with respect to the project; (II) has no expertise or information relevant to the project; or (III) does not have adequate funds to participate in the project; and (ii) does not intend to submit comments on the project; or (B) does not intend to submit comments on the project. (6) Administration A participating or cooperating agency shall comply with this section and any schedule established under this section. (7) Effect of designation Designation as a participating or cooperating agency under this subsection shall not imply that the participating or cooperating agency (A) supports a proposed project; or (B) has any jurisdiction over, or special expertise with respect to evaluation of, the project. (8) Concurrent reviews Each participating or cooperating agency shall (A) carry out the obligations of that agency under other applicable law concurrently and in conjunction with the required environmental review process, unless doing so would prevent the participating or cooperating agency from conducting needed analysis or otherwise carrying out those obligations; and (B) formulate and implement administrative, policy, and procedural mechanisms to enable the agency to ensure completion of the environmental review process in a timely, coordinated, and environmentally responsible manner. (f) Programmatic compliance (1) In general The Secretary shall issue guidance regarding the use of programmatic approaches to carry out the environmental review process that (A) eliminates repetitive discussions of the same issues; (B) focuses on the actual issues ripe for analyses at each level of review; (C) establishes a formal process for coordinating with participating and cooperating agencies, including the creation of a list of all data that is needed to carry out an environmental review process; and (D) complies with (i) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (ii) all other applicable laws. (2) Requirements In carrying out paragraph (1), the Secretary shall (A) as the first step in drafting guidance under that paragraph, consult with relevant Federal, State, and local governmental agencies, Indian tribes, and the public on the appropriate use and scope of the programmatic approaches; (B) emphasize the importance of collaboration among relevant Federal, State, and local governmental agencies, and Indian tribes in undertaking programmatic reviews, especially with respect to including reviews with a broad geographical scope; (C) ensure that the programmatic reviews (i) promote transparency, including of the analyses and data used in the environmental review process, the treatment of any deferred issues raised by Federal, State, and local governmental agencies, Indian tribes, or the public, and the temporal and special scales to be used to analyze those issues; (ii) use accurate and timely information in the environmental review process, including (I) criteria for determining the general duration of the usefulness of the review; and (II) the timeline for updating any out-of-date review; (iii) describe (I) the relationship between programmatic analysis and future tiered analysis; and (II) the role of the public in the creation of future tiered analysis; and (iv) are available to other relevant Federal, State, and local governmental agencies, Indian tribes, and the public; (D) allow not fewer than 60 days of public notice and comment on any proposed guidance; and (E) address any comments received under subparagraph (D). (g) Coordinated reviews (1) Coordination plan (A) Establishment (i) In general The Federal lead agency shall, after consultation with and with the concurrence of each participating and cooperating agency and the project sponsor or joint lead agency, as applicable, establish a plan for coordinating public and agency participation in, and comment on, the environmental review process for a project study or a category of project studies. (ii) Incorporation The plan established under clause (i) shall be incorporated into the project schedule milestones set under section 2282(g)(2) of this title (B) Schedule (i) In general As soon as practicable but not later than 45 days after the close of the public comment period on a draft environmental impact statement, the Federal lead agency, after consultation with and the concurrence of each participating and cooperating agency and the project sponsor or joint lead agency, as applicable, shall establish, as part of the coordination plan established in subparagraph (A), a schedule for completion of the environmental review process for the project study. (ii) Factors for consideration In establishing a schedule, the Secretary shall consider factors such as (I) the responsibilities of participating and cooperating agencies under applicable laws; (II) the resources available to the project sponsor, joint lead agency, and other relevant Federal and State agencies, as applicable; (III) the overall size and complexity of the project; (IV) the overall schedule for and cost of the project; and (V) the sensitivity of the natural and historical resources that could be affected by the project. (iii) Modifications The Secretary may (I) lengthen a schedule established under clause (i) for good cause; and (II) shorten a schedule only with concurrence of the affected participating and cooperating agencies and the project sponsor or joint lead agency, as applicable. (iv) Dissemination A copy of a schedule established under clause (i) shall be (I) provided to each participating and cooperating agency and the project sponsor or joint lead agency, as applicable; and (II) made available to the public. (2) Comment deadlines The Federal lead agency shall establish the following deadlines for comment during the environmental review process for a project study: (A) Draft environmental impact statements For comments by Federal and States 1 1 (i) a different deadline is established by agreement of the Federal lead agency, the project sponsor or joint lead agency, as applicable, and all participating and cooperating agencies; or (ii) the deadline is extended by the Federal lead agency for good cause. (B) Other environmental review processes For all other comment periods established by the Federal lead agency for agency or public comments in the environmental review process, a period of not more than 30 days after the date on which the materials on which comment is requested are made available, unless (i) a different deadline is established by agreement of the Federal lead agency, the project sponsor, or joint lead agency, as applicable, and all participating and cooperating agencies; or (ii) the deadline is extended by the Federal lead agency for good cause. (3) Deadlines for decisions under other laws In any case in which a decision under any Federal law relating to a project study, including the issuance or denial of a permit or license, is required to be made by the date described in subsection (h)(5)(B)(ii), 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) as soon as practicable after the 180-day period described in subsection (h)(5)(B)(ii), an initial notice of the failure of the Federal agency to make the decision; and (B) every 60 days thereafter until such date as all decisions of the Federal agency relating to the project study have been made by the Federal agency, an additional notice that describes the number of decisions of the Federal agency that remain outstanding as of the date of the additional notice. (4) Involvement of the public Nothing in this subsection reduces any time period provided for public comment in the environmental review process under applicable Federal law (including regulations). (5) Transparency reporting (A) Reporting requirements Not later than 1 year after June 10, 2014 42 U.S.C. 4321 (B) Project study transparency Consistent with the requirements established under subparagraph (A), the Secretary shall publish the status and progress of any Federal, State, or local decision, action, or approval required under applicable laws for each project study for which this section is applicable. (h) Issue identification and resolution (1) Cooperation The Federal lead agency, the cooperating agencies, and any participating agencies shall work cooperatively in accordance with this section to identify and resolve issues that could delay completion of the environmental review process or result in the denial of any approval required for the project study under applicable laws. (2) Federal lead agency responsibilities (A) In general The Federal lead agency shall make information available to the cooperating agencies and participating agencies as early as practicable in the environmental review process regarding the environmental and socioeconomic resources located within the project area and the general locations of the alternatives under consideration. (B) Data sources The information under subparagraph (A) may be based on existing data sources, including geographic information systems mapping. (3) Cooperating and participating agency responsibilities Based on information received from the Federal lead agency, cooperating and participating agencies shall identify, as early as practicable, any issues of concern regarding the potential environmental or socioeconomic impacts of the project, including any issues that could substantially delay or prevent an agency from granting a permit or other approval that is needed for the project study. (4) Accelerated issue resolution and elevation (A) In general On the request of a participating or cooperating agency or project sponsor, the Secretary shall convene an issue resolution meeting with the relevant participating and cooperating agencies and the project sponsor or joint lead agency, as applicable, to resolve issues that may (i) delay completion of the environmental review process; or (ii) result in denial of any approval required for the project study under applicable laws. (B) Meeting date A meeting requested under this paragraph shall be held not later than 21 days after the date on which the Secretary receives the request for the meeting, unless the Secretary determines that there is good cause to extend that deadline. (C) Notification On receipt of a request for a meeting under this paragraph, the Secretary shall notify all relevant participating and cooperating agencies of the request, including the issue to be resolved and the date for the meeting. (D) Elevation of issue resolution If a resolution cannot be achieved within the 30 day-period beginning on the date of a meeting under this paragraph and a determination is made by the Secretary that all information necessary to resolve the issue has been obtained, the Secretary shall forward the dispute to the heads of the relevant agencies for resolution. (E) Convention by Secretary The Secretary may convene an issue resolution meeting under this paragraph at any time, at the discretion of the Secretary, regardless of whether a meeting is requested under subparagraph (A). (5) Financial penalty provisions (A) In general A Federal jurisdictional agency shall complete any required approval or decision for the environmental review process on an expeditious basis using the shortest existing applicable process. (B) Failure to decide (i) In general If a Federal jurisdictional agency fails to render a decision required under any Federal law relating to a project study that requires the preparation of an environmental impact statement or environmental assessment, including the issuance or denial of a permit, license, statement, opinion, or other approval by the date described in clause (ii), the amount of funds made available to support the office of the head of the Federal jurisdictional agency shall be reduced by an amount of funding equal to the amounts specified in subclause (I) or (II) and those funds shall be made available to the division of the Federal jurisdictional agency charged with rendering the decision by not later than 1 day after the applicable date under clause (ii), and once each week thereafter until a final decision is rendered, subject to subparagraph (C) (I) $20,000 for any project study requiring the preparation of an environmental assessment or environmental impact statement; or (II) $10,000 for any project study requiring any type of review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (ii) Description of date The date referred to in clause (i) is the later of (I) the date that is 180 days after the date on which an application for the permit, license, or approval is complete; and (II) the date that is 180 days after the date on which the Federal lead agency issues a decision on the project under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (C) Limitations (i) In general No transfer of funds under subparagraph (B) relating to an individual project study shall exceed, in any fiscal year, an amount equal to 1 percent of the funds made available for the applicable agency office. (ii) Failure to decide The total amount transferred in a fiscal year as a result of a failure by an agency to make a decision by an applicable deadline shall not exceed an amount equal to 5 percent of the funds made available for the applicable agency office for that fiscal year. (iii) Aggregate Notwithstanding any other provision of law, for each fiscal year, the aggregate amount of financial penalties assessed against each applicable agency office under the Water Resources Reform and Development Act of 2014 and any other Federal law as a result of a failure of the agency to make a decision by an applicable deadline for environmental review, including the total amount transferred under this paragraph, shall not exceed an amount equal to 9.5 percent of the funds made available for the agency office for that fiscal year. (D) No fault of agency (i) In general A transfer of funds under this paragraph shall not be made if the applicable agency described in subparagraph (A) notifies, with a supporting explanation, the Federal lead agency, cooperating agencies, and project sponsor, as applicable, that (I) the agency has not received necessary information or approvals from another entity in a manner that affects the ability of the agency to meet any requirements under Federal, State, or local law; (II) significant new information, including from public comments, or circumstances, including a major modification to an aspect of the project, requires additional analysis for the agency to make a decision on the project application; or (III) the agency lacks the financial resources to complete the review under the scheduled time frame, including a description of the number of full-time employees required to complete the review, the amount of funding required to complete the review, and a justification as to why not enough funding is available to complete the review by the deadline. (ii) Lack of financial resources If the agency provides notice under clause (i)(III), the Inspector General of the agency shall (I) conduct a financial audit to review the notice; and (II) not later than 90 days after the date on which the review described in subclause (I) is completed, 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 notice. (E) Limitation The Federal agency from which funds are transferred pursuant to this paragraph shall not reprogram funds to the office of the head of the agency, or equivalent office, to reimburse that office for the loss of the funds. (F) Effect of paragraph Nothing in this paragraph affects or limits the application of, or obligation to comply with, any Federal, State, local, or tribal law. (i) Memorandum of agreements for early coordination (1) Sense of Congress It is the sense of Congress that (A) the Secretary and other Federal agencies with relevant jurisdiction in the environmental review process should cooperate with each other, State agencies, and Indian tribes on environmental review and project delivery activities at the earliest practicable time to avoid delays and duplication of effort later in the process, prevent potential conflicts, and ensure that planning and project development decisions reflect environmental values; and (B) the cooperation referred to in subparagraph (A) should include the development of policies and the designation of staff that advise planning agencies and project sponsors of studies or other information foreseeably required for later Federal action and early consultation with appropriate State and local agencies and Indian tribes. (2) Technical assistance If requested at any time by a State or project sponsor, the Secretary and other Federal agencies with relevant jurisdiction in the environmental review process, shall, to the maximum extent practicable and appropriate, as determined by the agencies, provide technical assistance to the State or project sponsor in carrying out early coordination activities. (3) Memorandum of agency agreement If requested at any time by a State or project sponsor, the Federal lead agency, in consultation with other Federal agencies with relevant jurisdiction in the environmental review process, may establish memoranda of agreement with the project sponsor, Indian tribe, State and local governments, and other appropriate entities to carry out the early coordination activities, including providing technical assistance in identifying potential impacts and mitigation issues in an integrated fashion. (j) Limitations Nothing in this section preempts or interferes with (1) any obligation to comply with the provisions of any Federal law, including (A) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (B) any other Federal environmental law; (2) the reviewability of any final Federal agency action in a court of the United States or in the court of any State; (3) any requirement for seeking, considering, or responding to public comment; or (4) any power, jurisdiction, responsibility, duty, or authority that a Federal, State, or local governmental agency, Indian tribe, or project sponsor has with respect to carrying out a project or any other provision of law applicable to projects. (k) Timing of claims (1) Timing (A) In general Notwithstanding any other provision of law, a claim arising under Federal law seeking judicial review of a permit, license, or other approval issued by a Federal agency for a project study shall be barred unless the claim is filed not later than 3 years after publication of a notice in the Federal Register announcing that the permit, license, or other approval is final pursuant to the law under which the agency action is taken, unless a shorter time is specified in the Federal law that allows judicial review. (B) Applicability Nothing in this subsection creates a right to judicial review or places any limit on filing a claim that a person has violated the terms of a permit, license, or other approval. (2) New information (A) In general The Secretary shall consider new information received after the close of a comment period if the information satisfies the requirements for a supplemental environmental impact statement under title 40, Code of Federal Regulations (including successor regulations). (B) Separate action The preparation of a supplemental environmental impact statement or other environmental document, if required under this section, shall be considered a separate final agency action and the deadline for filing a claim for judicial review of the action shall be 3 years after the date of publication of a notice in the Federal Register announcing the action relating to such supplemental environmental impact statement or other environmental document. (l) Categorical exclusions (1) In general Not later than 180 days after June 10, 2014 (A) survey the use by the Corps of Engineers of categorical exclusions in projects since 2005; (B) publish a review of the survey that includes a description of (i) the types of actions that were categorically excluded or could be the basis for developing a new categorical exclusion; and (ii) any requests previously received by the Secretary for new categorical exclusions; and (C) solicit requests from other Federal agencies and project sponsors for new categorical exclusions. (2) New categorical exclusions Not later than 1 year after June 10, 2014 June 10, 2014 (m) Review of project acceleration reforms (1) In general The Comptroller General of the United States shall (A) assess the reforms carried out under this section; and (B) not later than 5 years and not later than 10 years after June 10, 2014 (2) Contents The reports under paragraph (1) shall include an evaluation of impacts of the reforms carried out under this section on (A) project delivery; (B) compliance with environmental laws; and (C) the environmental impact of projects. (n) Performance measurement The Secretary shall establish a program to measure and report on progress made toward improving and expediting the planning and environmental review process. (o) Implementation guidance The Secretary shall prepare, in consultation with the Council on Environmental Quality and other Federal agencies with jurisdiction over actions or resources that may be impacted by a project, guidance documents that describe the coordinated environmental review processes that the Secretary intends to use to implement this section for the planning of projects, in accordance with the civil works program of the Corps of Engineers and all applicable law. ( Pub. L. 110114, title II,  2045 Nov. 8, 2007 121 Stat. 1103 Pub. L. 113121, title I,  1005(a)(1) June 10, 2014 128 Stat. 1199  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsecs. (a)(1), (2), (b)(1), (d)(1), (3)(A), (4)(B), (f)(1)(D)(i), (g)(5)(A), (h)(5)(B), and (j)(1)(A), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 The Water Resources Reform and Development Act of 2014, referred to in subsec. (h)(5)(C)(iii), is Pub. L. 113121 June 10, 2014 128 Stat. 1193 section 2201 of this title Codification Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 2014 Pub. L. 113121 Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 110114 section 2201 of this title  2348a. NEPA reporting (a) Definitions In this section: (1) Categorical exclusion The term categorical exclusion has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation). (2) Environmental assessment The term environmental assessment has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation). (3) Environmental impact statement The term environmental impact statement means a detailed written statement required under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) (4) Finding of no significant impact The term finding of no significant impact has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation). (5) Project study The term project study means a feasibility study for a project carried out pursuant to section 2282 of this title 42 U.S.C. 4321 (b) Reports (1) NEPA data (A) In general The Secretary shall carry out a process to track, and annually 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 containing the information described in subparagraph (B). (B) Information described The information referred to in subparagraph (A) is, with respect to the Corps of Engineers (i) the number of project studies for which a categorical exclusion was used during the reporting period; (ii) the number of project studies for which the decision to use a categorical exclusion, to prepare an environmental assessment, or to prepare an environmental impact statement is pending on the date on which the report is submitted; (iii) the number of project studies for which an environmental assessment was issued during the reporting period, broken down by whether a finding of no significant impact, if applicable, was based on mitigation; (iv) the length of time the Corps of Engineers took to complete each environmental assessment described in clause (iii); (v) the number of project studies pending on the date on which the report is submitted for which an environmental assessment is being drafted; (vi) the number of project studies for which an environmental impact statement was issued during the reporting period; (vii) the length of time the Corps of Engineers took to complete each environmental impact statement described in clause (vi); and (viii) the number of project studies pending on the date on which the report is submitted for which an environmental impact statement is being drafted. (2) Public access to NEPA reports The Secretary shall make each annual report required under paragraph (1) publicly available (including on a publicly available website). ( Pub. L. 117263, div. H, title LXXXI,  8134 Dec. 23, 2022 136 Stat. 3721  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsec. (a)(5), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 Codification Section was enacted as part of the Water Resources Development Act of 2022, and also as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, 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 8002 of Pub. L. 117263 section 2201 of this title  2349. Categorical exclusions in emergencies For the repair, reconstruction, or rehabilitation of a water resources project that is in operation or under construction when damaged by an event or incident that results in a declaration by the President of a major disaster or emergency pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 (1) in the same location with the same capacity, dimensions, and design as the original water resources project as before the declaration described in this section; 1 1 (2) commenced within a 2-year period beginning on the date of a declaration described in this section. ( Pub. L. 113121, title I,  1005(b) June 10, 2014 128 Stat. 1212  Editorial Notes  References in Text The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in text, is Pub. L. 93288 May 22, 1974 88 Stat. 143 section 5121 of Title 42 This section, referred to in par. (1), means section 1005 of title I of Pub. L. 113121 section 2348 of this title Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, 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 Pub. L. 113121 section 2201 of this title  2350. Corrosion prevention (a) In general To the greatest extent practicable, the Secretary shall encourage and incorporate corrosion prevention activities at water resources development projects. (b) Activities In carrying out subsection (a), the Secretary, to the greatest extent practicable, shall ensure that contractors performing work for water resources development projects (1) use best practices to carry out corrosion prevention activities in the field; (2) use industry-recognized standards and corrosion mitigation and prevention methods when (A) determining protective coatings; (B) selecting materials; and (C) determining methods of cathodic protection, design, and engineering for corrosion prevention; (3) use certified coating application specialists and cathodic protection technicians and engineers; (4) use best practices in environmental protection to prevent environmental degradation and to ensure careful handling of all hazardous materials; (5) demonstrate a history of employing industry-certified inspectors to ensure adherence to best practices and standards; and (6) demonstrate a history of compliance with applicable requirements of the Occupational Safety and Health Administration. (c) Corrosion prevention activities defined In this section, the term corrosion prevention activities means (1) the application and inspection of protective coatings for complex work involving steel and cementitious structures, including structures that will be exposed in immersion; (2) the installation, testing, and inspection of cathodic protection systems; and (3) any other activities related to corrosion prevention the Secretary determines appropriate. (d) Report In the first annual report submitted to Congress after December 16, 2016 section 556 of this title section 2295(b) of this title (1) a description of the actions the Secretary has taken to implement this section; and (2) a description of the projects utilizing corrosion prevention activities, including which activities were undertaken. ( Pub. L. 113121, title I,  1033 June 10, 2014 128 Stat. 1233 Pub. L. 114322, title I,  1142 Dec. 16, 2016 130 Stat. 1658  Editorial Notes Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Amendments 2016Subsec. (d). Pub. L. 114322 Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121 section 2201 of this title  2351. Durability, sustainability, and resilience In carrying out the activities of the Corps of Engineers, the Secretary, to the maximum extent practicable, shall encourage the use of durable and sustainable materials and resilient construction techniques that (1) allow a water resources infrastructure project (A) to resist hazards due to a major disaster; and (B) to continue to serve the primary function of the water resources infrastructure project following a major disaster; (2) reduce the magnitude or duration of a disruptive event to a water resources infrastructure project; and (3) have the absorptive capacity, adaptive capacity, and recoverability to withstand a potentially disruptive event. ( Pub. L. 113121, title III,  3022 June 10, 2014 128 Stat. 1301  Editorial Notes Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, 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 Pub. L. 113121 section 2201 of this title  2351a. Operation and maintenance of existing infrastructure  The Secretary shall improve the reliability, and operation and maintenance of, existing infrastructure of the Corps of Engineers, and, as necessary, improve its resilience to cyber-related threats. ( Pub. L. 115270, title I,  1113 Oct. 23, 2018 132 Stat. 3775  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 2018, and also as part of the Americas Water Infrastructure Act of 2018, 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 102 of Pub. L. 115270 section 2201 of this title  2351b. Federal breakwaters and jetties (a) In general In carrying out repair or maintenance activity of a Federal jetty or breakwater associated with an authorized navigation project, the Secretary shall, notwithstanding the authorized dimensions of the jetty or breakwater, ensure that such repair or maintenance activity is sufficient to meet the authorized purpose of such project, including ensuring that any harbor or inland harbor associated with the project is protected from projected changes in wave action or height (including changes that result from relative sea level change over the useful life of the project). (b) Classification of activity The Secretary may not classify any repair or maintenance activity of a Federal jetty or breakwater carried out under subsection (a) as major rehabilitation of such jetty or breakwater (1) if the Secretary determines that (A) projected changes in wave action or height, including changes that result from relative sea level change, will diminish the functionality of the jetty or breakwater to meet the authorized purpose of the project; and (B) such repair or maintenance activity is necessary to restore such functionality; or (2) if (A) the Secretary has not carried out regular and routine Federal maintenance activity at the jetty or breakwater; and (B) the structural integrity of the jetty or breakwater is degraded as a result of a lack of such regular and routine Federal maintenance activity. ( Pub. L. 117263, div. H, title LXXXI,  8101 Dec. 23, 2022 136 Stat. 3695  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 2022, and also as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, 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 8002 of Pub. L. 117263 section 2201 of this title  2352. Funding to process permits (a) Funding to process permits (1) Definitions In this subsection: (A) Natural gas company The term natural gas company has the meaning given the term in section 16451 of title 42 (B) Public-utility company The term public-utility company has the meaning given the term in section 16451 of title 42 (C) Railroad carrier The term railroad carrier has the meaning given the term in section 20102 of title 49 (2) Permit processing (A) In general The Secretary, after public notice, may accept and expend funds contributed by a non-Federal public entity or a public-utility company, natural gas company, or railroad carrier to expedite the evaluation of a permit of that entity, company, or carrier related to a project or activity for a public purpose under the jurisdiction of the Department of the Army. (B) Mitigation bank instrument processing An activity carried out by the Secretary to expedite evaluation of a permit described in subparagraph (A) may include the evaluation of an instrument for a mitigation bank if (i) the non-Federal public entity, public-utility company, natural gas company, or railroad carrier applying for the permit described in that subparagraph is the sponsor of the mitigation bank; and (ii) expediting evaluation of the instrument is necessary to expedite evaluation of the permit described in that subparagraph. (3) Effect on other entities To the maximum extent practicable, the Secretary shall ensure that expediting the evaluation of a permit through the use of funds accepted and expended under this section does not adversely affect the timeline for evaluation (in the Corps district in which the project or activity is located) of permits under the jurisdiction of the Department of the Army of other entities that have not contributed funds under this section. (4) GAO study Not later than December 31, 2022 (b) Effect on permitting (1) In general In carrying out this section, the Secretary shall ensure that the use of funds accepted under subsection (a) will not impact impartial decisionmaking with respect to permits, either substantively or procedurally. (2) Impartial decisionmaking In carrying out this section, the Secretary shall ensure that the evaluation of permits carried out using funds accepted under this section shall (A) be reviewed by (i) the District Commander, or the Commanders designee, of the Corps District in which the project or activity is located; or (ii) the Commander of the Corps Division in which the District is located if the evaluation of the permit is initially conducted by the District Commander; and (B) utilize the same procedures for decisions that would otherwise be required for the evaluation of permits for similar projects or activities not carried out using funds authorized under this section. (c) Limitation on use of funds None of the funds accepted under this section shall be used to carry out a review of the evaluation of permits required under subsection (b)(2)(A). (d) Public availability (1) In general The Secretary shall ensure that all final permit decisions carried out using funds authorized under this section are made available to the public in a common format, including on the Internet, and in a manner that distinguishes final permit decisions under this section from other final actions of the Secretary. (2) Decision document The Secretary shall (A) use a standard decision document for evaluating all permits using funds accepted under this section; and (B) make the standard decision document, along with all final permit decisions, available to the public, including on the Internet. (3) Agreements The Secretary shall make all active agreements to accept funds under this section available on a single public Internet site. (e) Reporting (1) In general The Secretary shall prepare an annual report on the implementation of this section, which, at a minimum, shall include for each district of the Corps of Engineers that accepts funds under this section (A) a comprehensive list of any funds accepted under this section during the previous fiscal year; (B) a comprehensive list of the permits reviewed and approved using funds accepted under this section during the previous fiscal year, including a description of the size and type of resources impacted and the mitigation required for each permit; and (C) a description of the training offered in the previous fiscal year for employees that is funded in whole or in part with funds accepted under this section. (2) Submission Not later than 90 days after the end of each fiscal year, the Secretary shall (A) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the annual report described in paragraph (1); and (B) make each report received under subparagraph (A) available on a single publicly accessible Internet site. ( Pub. L. 106541, title II,  214 Dec. 11, 2000 114 Stat. 2594 Pub. L. 108137, title I,  114 Dec. 1, 2003 117 Stat. 1836 Pub. L. 10999,  1 Nov. 11, 2005 119 Stat. 2169 Pub. L. 109209,  1 Mar. 24, 2006 120 Stat. 318 Pub. L. 109434,  1 Dec. 20, 2006 120 Stat. 3197 Pub. L. 110114, title II,  2002 Nov. 8, 2007 121 Stat. 1067 Pub. L. 111120,  1 Dec. 22, 2009 123 Stat. 3478 Pub. L. 111315,  1 Dec. 18, 2010 124 Stat. 3450 Pub. L. 113121, title I,  1006 June 10, 2014 128 Stat. 1212 Pub. L. 114322, title I,  1125 Dec. 16, 2016 130 Stat. 1648 Pub. L. 115270, title I,  1145 Oct. 23, 2018 132 Stat. 3785 Pub. L. 117263, div. H, title LXXXI,  8135 Dec. 23, 2022 136 Stat. 3722  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 2000, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Section was formerly classified as a note under section 2201 of this title Amendments 2022Subsec. (a)(2). Pub. L. 117263 2018Subsec. (a)(3). Pub. L. 115270,  1145(1) June 10, 2014 Subsec. (a)(4), (5). Pub. L. 115270 December 31, 2022 June 10, 2014 2016Subsec. (a)(1)(C). Pub. L. 114322,  1125(1) Subsec. (a)(2). Pub. L. 114322,  1125(2) Subsec. (a)(3). Pub. L. 114322,  1125(3) Subsec. (a)(5). Pub. L. 114322,  1125(4) 2014Subsec. (a)(1), (2). Pub. L. 113121,  1006(1)(A) Subsec. (a)(3) to (5). Pub. L. 113121,  1006(1)(C) Subsecs. (d), (e). Pub. L. 113121,  1006(2) (d) Public Availability (e) Duration of Authority October 1, 2000 December 31, 2016 2010Subsec. (a). Pub. L. 111315,  1(1) Subsec. (b). Pub. L. 111315,  1(3) Subsecs. (c) to (e). Pub. L. 111315,  1(2) 2009Subsec. (c). Pub. L. 111120 2007Subsec. (c). Pub. L. 110114 2006Subsec. (c). Pub. L. 109434 December 31, 2008 December 31, 2006 Pub. L. 109209 December 31, 2006 March 31, 2006 2005Subsec. (a). Pub. L. 10999,  1(1) Subsec. (c). Pub. L. 10999,  1(2) 2003Subsec. (a). Pub. L. 108137 Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 106541 section 2201 of this title  2353. Structural health monitoring (a) In general The Secretary shall design and develop a structural health monitoring program to assess and improve the condition of infrastructure constructed and maintained by the Corps of Engineers, including research, design, and development of systems and frameworks for (1) response to flood and earthquake events; (2) predisaster mitigation measures; (3) lengthening the useful life of the infrastructure; and (4) identifying risks due to sea level rise. (b) Consultation and considerations In developing the program under subsection (a), the Secretary shall (1) consult with academic and other experts; and (2) consider models for maintenance and repair information, the development of degradation models for real-time measurements and environmental inputs, and research on qualitative inspection data as surrogate sensors. ( Pub. L. 114322, title I,  1151 Dec. 16, 2016 130 Stat. 1661  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. Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 1002 of Pub. L. 114322 section 2201 of this title  2353a. Aging infrastructure (a) Definitions In this section: (1) Aging infrastructure The term aging infrastructure means a water resources development project of the Corps of Engineers, or any other water resources, water storage, or irrigation project of another Federal agency, that is greater than 75 years old. (2) Enhanced inspection The term enhanced inspection means an inspection that uses current or innovative technology, including Light Detection and Ranging (commonly known as LiDAR), ground penetrating radar, subsurface imaging, or subsurface geophysical techniques, to detect whether the features of the aging infrastructure are structurally sound and can operate as intended, or are at risk of failure. (b) Contracts for enhanced inspection (1) In general The Secretary may carry out enhanced inspections of aging infrastructure, pursuant to a contract with the owner or operator of the aging infrastructure. (2) Certain circumstances Subject to the availability of appropriations, or funds available pursuant to subsection (d), the Secretary shall enter into a contract described in paragraph (1), if (A) the owner or operator of the aging infrastructure requests that the Secretary carry out the enhanced inspections; and (B) the inspection is at the full expense of such owner or operator. (c) Limitation The Secretary shall not require a non-Federal entity associated with a project under the jurisdiction of another Federal agency to carry out corrective or remedial actions in response to an enhanced inspection carried out under this section. (d) Funding The Secretary is authorized to accept funds from an owner or operator of aging infrastructure, and may use such funds to carry out an enhanced inspection pursuant to a contract entered into with such owner or operator under this section. ( Pub. L. 116260, div. AA, title I,  138 Dec. 27, 2020 134 Stat. 2651  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. 116260 section 2201 of this title  2354. Easements for electric, telephone, or broadband service facilities (a) Definition of water resources development project In this section, the term water resources development project means a project under the administrative jurisdiction of the Corps of Engineers that is subject to part 327 of title 36, Code of Federal Regulations (or successor regulations). (b) No consideration for easements The Secretary may not collect consideration for an easement across water resources development project land for the electric, telephone, or broadband service facilities of nonprofit organizations eligible for financing under the Rural Electrification Act of 1936 ( 7 U.S.C. 901 (c) Administrative expenses Nothing in this section affects the authority of the Secretary under section 2695 of title 10 section 9701 of title 31 ( Pub. L. 114322, title I,  1172 Dec. 16, 2016 130 Stat. 1671  Editorial Notes  References in Text The Rural Electrification Act of 1936, referred to in subsec. (b), is act May 20, 1936, ch. 432 49 Stat. 1363 section 901 of Title 7 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. Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 1002 of Pub. L. 114322 section 2201 of this title  2355. Prior project authorization  In any case in which a project under the jurisdiction of the Secretary is budgeted under a different business line than the business line under which the project was originally authorized, the Secretary shall ensure that the project is carried out in accordance with any requirements that apply to the business line under which the project was originally authorized. ( Pub. L. 115270, title I,  1127 Oct. 23, 2018 132 Stat. 3780  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 2018, and also as part of the Americas Water Infrastructure Act of 2018, 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 102 of Pub. L. 115270 section 2201 of this title  2356. Project consultation (a) Reports required Not later than 180 days after December 27, 2020 (1) The report required under section 1214 of the Water Resources Development Act of 2018 ( 132 Stat. 3809 (2) The report required under section 1120(a)(3) of the Water Resources Development Act of 2016 ( 130 Stat. 1643 (b) Environmental justice updates (1) In general In the formulation of water development resources projects, the Secretary shall comply with any existing Executive order regarding environmental justice in effect as of December 27, 2020 (2) Update Not later than 1 year after December 27, 2020 (3) Requirements In updating the policies, regulations, or guidance under paragraph (2), the Secretary shall (A) provide notice to interested non-Federal stakeholders, including representatives of minority communities, low-income communities, and Indian Tribes; (B) provide opportunities for interested stakeholders to comment on potential updates of policies, regulations, or guidance; (C) consider the recommendations from the reports submitted under subsection (a); and (D) promote the meaningful involvement of minority communities, low-income communities, and Indian Tribes. (c) Community engagement In carrying out a water resources development project, the Secretary shall, to the extent practicable (1) promote the meaningful involvement of minority communities, low-income communities, and Indian Tribes; (2) provide guidance and technical assistance to such communities or Tribes to increase understanding of the project development and implementation activities, regulations, and policies of the Corps of Engineers; and (3) cooperate with State, Tribal, and local governments with respect to activities carried out pursuant to this subsection. (d) Tribal lands and consultation In carrying out water resources development projects, the Secretary shall, to the extent practicable and in accordance with the Tribal Consultation Policy affirmed and formalized by the Secretary on November 1, 2012 (1) promote meaningful involvement with Indian Tribes specifically on any Tribal lands near or adjacent to any water resources development projects, for purposes of identifying lands of ancestral, cultural, or religious importance; (2) consult with Indian Tribes specifically on any Tribal areas near or adjacent to any water resources development projects, for purposes of identifying lands, waters, and other resources critical to the livelihood of the Indian Tribes; and (3) cooperate with Indian Tribes to avoid, or otherwise find alternate solutions with respect to, such areas. ( Pub. L. 116260, div. AA, title I,  112 Dec. 27, 2020 134 Stat. 2625  Editorial Notes  References in Text Section 1214 of the Water Resources Development Act of 2018, referred to in subsec. (a)(1), is section 1214 of Pub. L. 115270 Oct. 23, 2018 132 Stat. 3768 Section 1120(a)(3) of the Water Resources Development Act of 2016, referred to in subsec. (a)(2), is section 1120(a)(3) of Pub. L. 114322 Dec. 16, 2016 130 Stat. 1632 Codification Section was enacted as a part of the Water Resources Development Act of 2020, and not as a 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. 116260 section 2201 of this title  2357. Managed aquifer recharge study and working group (a) Assessment (1) In general The Secretary shall, in consultation with applicable non-Federal interests, conduct a national assessment of carrying out managed aquifer recharge projects to address drought, water resiliency, and aquifer depletion at authorized water resources development projects. (2) Requirements In carrying out paragraph (1), the Secretary shall (A) assess and identify opportunities to support non-Federal interests, including Tribal communities, in carrying out managed aquifer recharge projects; and (B) assess preliminarily local hydrogeologic conditions relevant to carrying out managed aquifer recharge projects. (3) Coordination In carrying out paragraph (1), the Secretary shall coordinate, as appropriate, with the heads of other Federal agencies, States, regional governmental agencies, units of local government, experts in managed aquifer recharge, and Tribes. (b) Feasibility studies (1) Authorization The Secretary is authorized to carry out feasibility studies, at the request of a non-Federal interest, of managed aquifer recharge projects in areas that are experiencing, or have recently experienced, prolonged drought conditions, aquifer depletion, or water supply scarcity. (2) Limitation The Secretary may carry out not more than 10 feasibility studies under this subsection. (3) Use of information The Secretary shall, to the maximum extent practicable, use information gathered from the assessment conducted under subsection (a) in identifying and selecting feasibility studies to carry out under this subsection. (4) Cost share The Federal share of the cost of a feasibility study carried out under this subsection shall be 90 percent. (c) Working group (1) In general Not later than 180 days after December 23, 2022 (2) Composition In establishing the working group under paragraph (1), the Secretary shall ensure that members of the working group have expertise working with (A) projects providing water supply storage to meet regional water supply demand, particularly in regions experiencing drought; (B) the protection of groundwater supply, including promoting infiltration and increased recharge in groundwater basins, and groundwater quality; (C) aquifer storage, recharge, and recovery wells; (D) dams that provide recharge enhancement benefits; (E) groundwater hydrology; (F) conjunctive use water systems; and (G) agricultural water resources, including the use of aquifers for irrigation purposes. (3) Duties The working group established under this subsection shall (A) advise the Secretary regarding the development and execution of the assessment under subsection (a) and any feasibility studies under subsection (b); (B) assist Corps of Engineers offices at the headquarter, division, and district levels with raising awareness of non-Federal interests of the potential benefits of carrying out managed aquifer recharge projects; and (C) assist with the development of the report required to be submitted under subsection (d). (d) Report to Congress Not later than 2 years after December 23, 2022 (1) the results of the assessment conducted under subsection (a) and any feasibility studies carried out under subsection (b), including data collected under such assessment and studies and any recommendations on managed aquifer recharge opportunities for non-Federal interests, States, local governments, and Tribes; (2) a status update on the implementation of the recommendations included in the report of the U.S. Army Corps of Engineers Institute for Water Resources entitled Managed Aquifer Recharge and the U.S. Army Corps of Engineers: Water Security through Resilience, published in April 2020 (2020WP01); and (3) an evaluation of the benefits of creating a new or modifying an existing planning center of expertise for managed aquifer recharge, and identify potential locations for such a center of expertise, if feasible. (e) Savings provision Nothing in this section affects the non-Federal share of the cost of construction of a managed aquifer recharge project under section 2213 of this title (f) Definitions In this section: (1) Managed aquifer recharge The term managed aquifer recharge means the intentional banking and treatment of water in aquifers for storage and future use. (2) Managed aquifer recharge project The term managed aquifer recharge project means a project to incorporate managed aquifer recharge features into a water resources development project. ( Pub. L. 117263, div. H, title LXXXI,  8108 Dec. 23, 2022 136 Stat. 3700  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 2022, and also as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, 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 8002 of Pub. L. 117263 section 2201 of this title CHAPTER 37 ORGANOTIN ANTIFOULING PAINT CONTROL  2401 to 2410. Repealed. Pub. L. 111281, title X,  1048 Oct. 15, 2010 124 Stat. 3032   Section 2401, Pub. L. 100333,  2 June 16, 1988 102 Stat. 605  Section 2402, Pub. L. 100333,  3 June 16, 1988 102 Stat. 605  Section 2403, Pub. L. 100333,  4 June 16, 1988 102 Stat. 606  Section 2404, Pub. L. 100333,  5 June 16, 1988 102 Stat. 606  Section 2405, Pub. L. 100333,  6 June 16, 1988 102 Stat. 607  Section 2406, Pub. L. 100333,  7 June 16, 1988 102 Stat. 607 Pub. L. 104106, div. A, title X,  1064(f) Feb. 10, 1996 110 Stat. 445  Section 2407, Pub. L. 100333,  8 June 16, 1988 102 Stat. 608  Section 2408, Pub. L. 100333,  9 June 16, 1988 102 Stat. 608  Section 2409, Pub. L. 100333,  10 June 16, 1988 102 Stat. 608  Section 2410, Pub. L. 100333,  11 June 16, 1988 102 Stat. 608 Statutory Notes and Related Subsidiaries Effective Date; Use of Existing Stocks Pub. L. 100333,  12 June 16, 1988 102 Stat. 609 June 16, 1988 Pub. L. 111281, title X,  1048 Oct. 15, 2010 124 Stat. 3032 Short Title Pub. L. 100333,  1 June 16, 1988 102 Stat. 605 Pub. L. 111281, title X,  1048 Oct. 15, 2010 124 Stat. 3032 CHAPTER 38 DUMPING OF MEDICAL WASTE BY PUBLIC VESSELS    Sec.  2501. Findings.  2502. Definitions.  2503. Prohibition.  2504. Guidance.  2501. Findings The Congress finds the following: (1) The washing ashore of potentially infectious medical wastes from public vessels of the United States may pose serious and widespread risks to public health and to the welfare of coastal communities. (2) Current Federal law provides inadequate protections against the disposal of such wastes from such vessels into ocean waters. (3) Operators of such vessels must take immediate action to stop disposing of such wastes into ocean waters. ( Pub. L. 100688, title III,  3102 Nov. 18, 1988 102 Stat. 4152  Statutory Notes and Related Subsidiaries Short Title Pub. L. 100688, title III,  3101 Nov. 18, 1988 102 Stat. 4152 This subtitle [subtitle A ( 31013105) of title III of Pub. L. 100688  2502. Definitions For the purposes of this chapter: (1) Potentially infectious medical waste The term potentially infectious medical waste includes isolation wastes; infectious agents; human blood and blood products; pathological wastes; sharps; body parts; contaminated bedding; surgical wastes; and other disposable medical equipment and material that may pose a risk to the public health, welfare or the marine environment. (2) Public vessel The term public vessel means a vessel of any type whatsoever (including hydrofoils, air-cushion vehicles, submersibles, floating craft whether propelled or not, and fixed or floating platforms) that is owned, or demise chartered, and operated by the United States Government, and is not engaged in commercial service. ( Pub. L. 100688, title III,  3103 Nov. 18, 1988 102 Stat. 4152  2503. Prohibition After 6 months after November 18, 1988 (1) (A) the health or safety of individuals on board the vessel is threatened; or (B) during time of war or a declared national emergency; (2) the waste is disposed of beyond 50 nautical miles from the nearest land; and (3) (A) in the case of a public vessel which is not a submersible, the waste is sterilized, properly packaged, and sufficiently weighted to prevent the waste from coming ashore after disposal; and (B) in the case of a public vessel which is a submersible, the waste is properly packaged and sufficiently weighted to prevent the waste from coming ashore after disposal. ( Pub. L. 100688, title III,  3104 Nov. 18, 1988 102 Stat. 4152  2504. Guidance  Not later than 3 months after November 18, 1988 section 2503 of this title ( Pub. L. 100688, title III,  3105 Nov. 18, 1988 102 Stat. 4153 CHAPTER 39 SHORE PROTECTION FROM MUNICIPAL OR COMMERCIAL WASTE    SUBCHAPTER ISHORE PROTECTION  Sec.  2601. Definitions.  2602. Vessel permits and numbers.  2603. Waste handling practices.  2604. Suspension, revocation, and injunctions.  2605. Enforcement.  2606. Subpena authority.  2607. Fees.  2608. Civil penalty procedures.  2609. Penalties.  SUBCHAPTER IIRELATED PROVISIONS  2621. Study and recommendations.  2622. Relation to other laws.  2623. Authorization of appropriations. SUBCHAPTER I SHORE PROTECTION  2601. Definitions In this chapter (1) Administrator means the Administrator of the Environmental Protection Agency. (2) coastal waters means (A) the territorial sea of the United States; (B) the Great Lakes and their connecting waters; (C) the marine and estuarine waters of the United States up to the head of tidal influence; and (D) the Exclusive Economic Zone as established by Presidential Proclamation Number 5030, dated March 10, 1983 (3) municipal or commercial waste means solid waste (as defined in section 6903 of title 42 (A) solid waste identified and listed under section 6921 of title 42 (B) waste generated by the vessel during normal operations; (C) debris solely from construction activities; (D) sewage sludge subject to regulation under title I of the Marine Protection, Research, and Sanctuaries Act of 1972 [ 33 U.S.C. 1411 (E) dredged or fill material subject to regulation under title I of the Marine Protection, Research, and Sanctuaries Act of 1972 [ 33 U.S.C. 1411 33 U.S.C. 1251 33 U.S.C. 401 (4) person means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, State, municipality, commission, political subdivision of a State, or any interstate body. (5) receiving facility means a facility or operation where municipal or commercial waste is unloaded from a vessel. (6) United States, when used in a geographic sense, means the States of the United States, Puerto Rico, the District of Columbia, the Virgin Islands, American Samoa, Guam, the Northern Mariana Islands, and any other territory or possession of the United States. (7) waste source means a facility or vessel from which municipal or commercial waste is loaded onto a vessel, including any rolling stock or motor vehicles from which that waste is directly loaded. ( Pub. L. 100688, title IV,  4101 Nov. 18, 1988 102 Stat. 4154  Editorial Notes  References in Text Presidential Proclamation Number 5030, referred to in par. (2)(D), is set out under section 1453 of Title 16 The Marine Protection, Research, and Sanctuaries Act of 1972, referred to in par. (3)(D) and (E), is Pub. L. 92532 Oct. 23, 1972 86 Stat. 1052 section 1401 of this title The Federal Water Pollution Control Act, referred to in par. (3)(E), is act June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 816 section 1251 of this title The Rivers and Harbors Appropriation Act of 1899, referred to in par. (3)(E), is act Mar. 3, 1899, ch. 425 30 Stat. 1151 Statutory Notes and Related Subsidiaries Short Title Pub. L. 100688, title IV,  4001 Nov. 18, 1988 102 Stat. 4154 This title [enacting this chapter] may be cited as the Shore Protection Act of 1988. Executive Documents  Territorial Sea of United States For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43  2602. Vessel permits and numbers (a) In general A vessel (except a public vessel as defined in section 2101 of title 46 (1) a permit for that vessel from the Secretary of Transportation; and (2) displaying a number or other marking on the vessel as prescribed by the Secretary under chapter 123 or section 12502(b) of title 46 (b) Permit applications Application for a permit required by subsection (a) of this section shall be made by the vessel owner or operator and include (1) the name, address, and telephone number of the vessel owner and operator; (2) the vessels name and identification number; (3) the vessels area of operation; (4) the vessels transport capacity; (5) a history of the types of cargo transported by that vessel during the previous year, including identifying the type of municipal or commercial waste transported as (A) municipal waste; (B) commercial waste; (C) medical waste; or (D) waste of another character. (6) any other information the Secretary may require; and (7) an acknowledgment. (c) Effective date of permits A permit issued under this section (1) is effective 30 days after the date on which it was issued; (2) may be issued only for a period of not more than 5 years after the effective date of the permit; (3) may be renewed for periods of not more than 5 years only by the vessel owner or operator that applied for the original permit; and (4) is terminated when the vessel is sold. (d) Denial of permits The Secretary may, or at the request of the Administrator shall, deny the issuance of a permit for any vessel if the owner or operator of the vessel has a record of a pattern of serious violations of (1) this subchapter; (2) the Solid Waste Disposal Act ( 42 U.S.C. 6901 (3) the Marine Protection, Research, and Sanctuaries Act of 1972 [ 16 U.S.C. 1431 33 U.S.C. 1401 (4) the Rivers and Harbors Appropriation Act of 1899 ( 33 U.S.C. 401 (5) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 (e) Permit decision The Secretary, after consultation with the Administrator, shall issue or deny a vessel permit under this section within 30 days after receiving a complete application. On denying the issuance of the permit for a vessel the Secretary shall (1) notify the applicant of the denial and the reasons for the denial; and (2) provide an opportunity for a hearing on the denial. (f) Maintaining permit (1) In general The permit issued for a vessel under this chapter shall be maintained in a manner prescribed by the Secretary. (2) Endorsements If a vessel is a documented vessel, the Secretary may endorse a permit on the vessels certificate of documentation. (g) Vessel information system The Secretary may include information in a permit in the vessel information system maintained under chapter 125 of title 46. ( Pub. L. 100688, title IV,  4102 Nov. 18, 1988 102 Stat. 4155  Editorial Notes  References in Text The Solid Waste Disposal Act, referred to in subsec. (d)(2), is title II of Pub. L. 89272 Oct. 20, 1965 79 Stat. 997 Pub. L. 94580,  2 Oct. 21, 1976 90 Stat. 2795 section 6901 of Title 42 The Marine Protection, Research, and Sanctuaries Act of 1972, referred to in subsec. (d)(3), is Pub. L. 92532 Oct. 23, 1972 86 Stat. 1052 section 1401 of this title The Rivers and Harbors Appropriation Act of 1899, referred to in subsec. (d)(4), is act Mar. 3, 1899, ch. 425 30 Stat. 1151 The Federal Water Pollution Control Act, referred to in subsec. (d)(5), is act June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 816 section 1251 of this title Statutory Notes and Related Subsidiaries Effective Date Pub. L. 100688, title IV,  4204(b) Nov. 18, 1988 102 Stat. 4160 Section 4102(a) of this Act [ 33 U.S.C. 2602(a) Nov. 18, 1988 Availability of Applications Pub. L. 100688, title IV,  4204(a) Nov. 18, 1988 102 Stat. 4160 The Secretary shall make vessel applications for permits to be issued under section 4102 of this Act [ 33 U.S.C. 2602 Nov. 18, 1988  2603. Waste handling practices (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. 100688, title IV,  4103 Nov. 18, 1988 102 Stat. 4156  Statutory Notes and Related Subsidiaries Effective Date Pub. L. 100688, title IV,  4204(c) Nov. 18, 1988 102 Stat. 4160 Section 4103 of this Act [ 33 U.S.C. 2603 Nov. 18, 1988  2604. Suspension, revocation, and injunctions (a) Suspension and revocation After notice and opportunity for a hearing, the Secretary of Transportation may, and at the request of the Administrator shall, suspend or revoke a permit issued to a vessel under this chapter for a violation of this chapter or a regulation prescribed under this chapter. (b) Injunctions The Secretary or the Administrator may bring a civil action to enjoin any operation in violation of this chapter or a regulation prescribed under this chapter in the district court of the United States for the district in which the violation occurred. ( Pub. L. 100688, title IV,  4104 Nov. 18, 1988 102 Stat. 4157  2605. Enforcement (a) General authority The Secretary of Transportation shall enforce this chapter under section 89 1 1 (b) Periodic examinations The Secretary shall conduct periodic examinations of vessels operating under this chapter transporting municipal or commercial waste to determine that each of these vessels has a permit issued under section 2602 of this title (c) Refusal of clearance The Secretary of the Treasury may refuse the clearance required by section 60105 of title 46 section 2602 of this title (d) Denial of entry and detention If a vessel does not comply with this chapter, the Secretary of Transportation may (1) deny entry to any place in the United States; and (2) detain at the place in the United States from which it is about to depart. (e) Persistent violators The Administrator shall conduct an investigation of the owner or operator of a vessel or facility if the owner has 5 or more separate violations during a 6-month period. ( Pub. L. 100688, title IV,  4105 Nov. 18, 1988 102 Stat. 4157  Editorial Notes  References in Text Section 89 of title 14 section 522 of title 14 Pub. L. 115282, title I,  105(b) Dec. 4, 2018 132 Stat. 4200 section 89 of title 14 section 123(b)(1) of Pub. L. 115282 Pub. L. 115282 section 101 of Title 14 Codification In subsec. (c),  section 60105 of title 46 Pub. L. 109304,  18(c) Oct. 6, 2006 120 Stat. 1709 section 60105 of Title 46  2606. Subpena authority (a) General authority In an investigation under this chapter, the attendance and testimony of witnesses, including parties in interest, and the production of any evidence may be compelled by subpena. The subpena authority granted by this section is coextensive with that of a district court of the United States, in civil matters, for the district in which the investigation is conducted. (b) Subpena authority An official designated by the Secretary of Transportation or Administrator to conduct an investigation under this chapter may issue subpenas as provided in this section and administer oaths to witnesses. (c) Failure to comply When a person fails to obey a subpena issued under this section, the district court of the United States for the district in which the investigation is conducted or in which the person failing to obey is found, shall on proper application issue an order directing that person to comply with the subpena. The court may punish as contempt any disobedience of its order. (d) Witness fees A witness complying with a subpena issued under this section may be paid for actual travel and attendance at the rate provided for witnesses in the district courts of the United States. ( Pub. L. 100688, title IV,  4106 Nov. 18, 1988 102 Stat. 4157  Editorial Notes  References in Text This chapter, referred to in subsec. (b), was in the original this part and was translated as reading this title to reflect the probable intent of Congress.  2607. Fees  The Secretary of Transportation may collect a fee under section 9701 of title 31 ( Pub. L. 100688, title IV,  4107 Nov. 18, 1988 102 Stat. 4158  2608. Civil penalty procedures (a) General procedures After notice and an opportunity for a hearing, a person found by the Secretary of Transportation to have violated this chapter or a regulation prescribed under this chapter for which a civil penalty is provided, is liable to the United States Government for the civil penalty provided. The amount of the civil penalty shall be assessed by the Secretary by written notice. In determining the amount of the penalty, the Secretary shall consider the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other matters that justice requires. (b) Compromising penalties The Secretary may compromise, modify, or remit, with or without consideration, a civil penalty under this chapter until the assessment is referred to the Attorney General. (c) Referral to Attorney General If a person fails to pay an assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General for collection in an appropriate district court of the United States. (d) Refund of penalty The Secretary may refund or remit a civil penalty collected under this chapter if (1) application has been made for refund or remission of the penalty within one year from the date of payment; and (2) the Secretary finds that the penalty was unlawfully, improperly, or excessively imposed. ( Pub. L. 100688, title IV,  4108 Nov. 18, 1988 102 Stat. 4158  2609. Penalties (a) General penalty Except as provided in subsection (b) of this section, a person violating this chapter is liable to the United States Government for a civil penalty of not more than $25,000. Each day of a continuing violation is a separate violation. A vessel involved in the violation also is liable in rem for the penalty. (b) Operating without a permit A person violating section 2602 of this title (c) Criminal penalty Any person that knowingly violates, or that knowingly aids, abets, authorizes, or instigates a violation of this chapter, shall be fined under title 18, imprisoned for not more than 3 years, or both. (d) Payments for information The court, the Secretary of Transportation, or the Administrator, as the case may be, may pay up to one-half of a fine or penalty to any person giving information leading to the assessment of the fine or penalty. ( Pub. L. 100688, title IV,  4109 Nov. 18, 1988 102 Stat. 4158 SUBCHAPTER II RELATED PROVISIONS  2621. Study and recommendations (a) Study The Administrator, in consultation with the Secretary of Transportation, shall conduct a study to determine the need for, and effectiveness of additional tracking systems for vessels to assure that municipal or commercial waste is not deposited in coastal waters. In conducting this study, the Administrator shall use the data collected from its permitting and enforcement activities under this chapter. In determining the effectiveness of tracking systems, the Administrator shall rely on the information provided by the Secretary under subsection (b) of this section. The report shall include a recommendation whether additional tracking systems are needed. This study shall be submitted to Congress within 24 months after November 18, 1988 (b) Recommendations The Secretary shall provide recommendations to the Administrator concerning the various tracking systems that might be applicable to vessels transporting municipal or commercial waste which the Secretary currently is studying. The Secretary shall consider the relative effectiveness of various systems and the relative costs of the systems both to the United States Government and to the vessel owner. ( Pub. L. 100688, title IV,  4201 Nov. 18, 1988 102 Stat. 4159  2622. Relation to other laws (a) Effect on Federal and State laws This chapter does not affect the application of any other Federal or State law, statutory or common, including the Marine Protection, Research, and Sanctuaries Act of 1972 [ 16 U.S.C. 1431 33 U.S.C. 1401 42 U.S.C. 6901 (b) Effect on foreign vessels This chapter shall be carried out with respect to foreign vessels consistent with the obligations of the United States under international law. ( Pub. L. 100688, title IV,  4202 Nov. 18, 1988 102 Stat. 4159  Editorial Notes  References in Text The Marine Protection, Research, and Sanctuaries Act of 1972, referred to in subsec. (a), is Pub. L. 92532 Oct. 23, 1972 86 Stat. 1052 section 1401 of this title The Solid Waste Disposal Act, referred to in subsec. (a), is title II of Pub. L. 89272 Oct. 20, 1965 79 Stat. 997 Pub. L. 94580,  2 Oct. 21, 1976 90 Stat. 2795 section 6901 of Title 42  2623. Authorization of appropriations  There are authorized to be appropriated $1,500,000 for each of the fiscal years 1989 and 1990, to carry out this chapter. ( Pub. L. 100688, title IV,  4203 Nov. 18, 1988 102 Stat. 4160 CHAPTER 40 OIL POLLUTION    SUBCHAPTER IOIL POLLUTION LIABILITY AND COMPENSATION  Sec.  2701. Definitions.  2702. Elements of liability.  2703. Defenses to liability.  2704. Limits on liability.  2705. Interest; partial payment of claims.  2706. Natural resources.  2707. Recovery by foreign claimants.  2708. Recovery by responsible party.  2709. Contribution.  2710. Indemnification agreements.  2711. Consultation on removal actions.  2712. Uses of Fund.  2713. Claims procedure.  2714. Designation of source and advertisement.  2715. Subrogation.  2716. Financial responsibility.  2716a. Financial responsibility civil penalties.  2717. Litigation, jurisdiction, and venue.  2718. Relationship to other law.  2719. State financial responsibility.  2720. Differentiation among fats, oils, and greases.  SUBCHAPTER IIPRINCE WILLIAM SOUND PROVISIONS  2731. Oil Spill Recovery Institute.  2732. Terminal and tanker oversight and monitoring.  2733. Bligh Reef light.  2734. Vessel traffic service system.  2735. Equipment and personnel requirements under tank vessel and facility response plans.  2736. Funding.  2737. Limitation.  2738. North Pacific Marine Research Institute.  SUBCHAPTER IIIMISCELLANEOUS  2751. Savings provision.  2752. Annual appropriations.  2753. Repealed.  SUBCHAPTER IVOIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM  2761. Oil pollution research and development program.  2762. Submerged oil program. SUBCHAPTER I OIL POLLUTION LIABILITY AND COMPENSATION  2701. Definitions For the purposes of this Act, the term (1) act of God means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character the effects of which could not have been prevented or avoided by the exercise of due care or foresight; (2) barrel means 42 United States gallons at 60 degrees fahrenheit; (3) claim means a request, made in writing for a sum certain, for compensation for damages or removal costs resulting from an incident; (4) claimant means any person or government who presents a claim for compensation under this subchapter; (5) damages means damages specified in section 2702(b) of this title (6) deepwater port is a facility licensed under the Deepwater Port Act of 1974 ( 33 U.S.C. 1501152 (7) discharge means any emission (other than natural seepage), intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, or dumping; (8) exclusive economic zone means the zone established by Presidential Proclamation Numbered 5030, dated March 10, 1983 June 1, 1990 (9) facility means any structure, group of structures, equipment, or device (other than a vessel) which is used for one or more of the following purposes: exploring for, drilling for, producing, storing, handling, transferring, processing, or transporting oil. This term includes any motor vehicle, rolling stock, or pipeline used for one or more of these purposes; (10) foreign offshore unit means a facility which is located, in whole or in part, in the territorial sea or on the continental shelf of a foreign country and which is or was used for one or more of the following purposes: exploring for, drilling for, producing, storing, handling, transferring, processing, or transporting oil produced from the seabed beneath the foreign countrys territorial sea or from the foreign countrys continental shelf; (11) Fund means the Oil Spill Liability Trust Fund, established by section 9509 of title 26 (12) gross ton has the meaning given that term by the Secretary under part J of title 46; (13) guarantor means any person, other than the responsible party, who provides evidence of financial responsibility for a responsible party under this Act; (14) incident means any occurrence or series of occurrences having the same origin, involving one or more vessels, facilities, or any combination thereof, resulting in the discharge or substantial threat of discharge of oil; (15) Indian tribe means any Indian tribe, band, nation, or other organized group or community, but not including any Alaska Native regional or village corporation, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians and has governmental authority over lands belonging to or controlled by the tribe; (16) lessee means a person holding a leasehold interest in an oil or gas lease on lands beneath navigable waters (as that term is defined in section 1301(a) of title 43 43 U.S.C. 1331 (17) liable or liability shall be construed to be the standard of liability which obtains under section 1321 of this title (18) mobile offshore drilling unit means a vessel (other than a self-elevating lift vessel) capable of use as an offshore facility; (19) National Contingency Plan means the National Contingency Plan prepared and published under section 1321(d) of this title 42 U.S.C. 9605 (20) natural resources includes land, fish, wildlife, biota, air, water, ground water, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States (including the resources of the exclusive economic zone), any State or local government or Indian tribe, or any foreign government; (21) navigable waters means the waters of the United States, including the territorial sea; (22) offshore facility means any facility of any kind located in, on, or under any of the navigable waters of the United States, and any facility of any kind which is subject to the jurisdiction of the United States and is located in, on, or under any other waters, other than a vessel or a public vessel; (23) oil means oil of any kind or in any form, including petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil, but does not include any substance which is specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act ( 42 U.S.C. 9601 42 U.S.C. 9601 (24) onshore facility means any facility (including, but not limited to, motor vehicles and rolling stock) of any kind located in, on, or under, any land within the United States other than submerged land; (25) the term Outer Continental Shelf facility means an offshore facility which is located, in whole or in part, on the Outer Continental Shelf and is or was used for one or more of the following purposes: exploring for, drilling for, producing, storing, handling, transferring, processing, or transporting oil produced from the Outer Continental Shelf; (26) owner or operator (A) means (i) in the case of a vessel, any person owning, operating, or chartering by demise, the vessel; (ii) in the case of an onshore facility, offshore facility, or foreign offshore unit or other facility located seaward of the exclusive economic zone, any person or entity owning or operating such facility; (iii) in the case of any abandoned offshore facility or foreign offshore unit or other facility located seaward of the exclusive economic zone, the person or entity that owned or operated such facility immediately prior to such abandonment; (iv) in the case of any facility, title or control of which was conveyed due to bankruptcy, foreclosure, tax delinquency, abandonment, or similar means to a unit of State or local government, any person who owned, operated, or otherwise controlled activities at such facility immediately beforehand; (v) notwithstanding subparagraph (B)(i), and in the same manner and to the same extent, both procedurally and substantively, as any nongovernmental entity, including for purposes of liability under section 2702 of this title (I) seizure or otherwise in connection with law enforcement activity; (II) bankruptcy; (III) tax delinquency; (IV) abandonment; or (V) other circumstances in which the government involuntarily acquires title by virtue of its function as sovereign; (vi) notwithstanding subparagraph (B)(ii), a person that is a lender and that holds indicia of ownership primarily to protect a security interest in a vessel or facility if, while the borrower is still in possession of the vessel or facility encumbered by the security interest, the person (I) exercises decision making control over the environmental compliance related to the vessel or facility, such that the person has undertaken responsibility for oil handling or disposal practices related to the vessel or facility; or (II) exercises control at a level comparable to that of a manager of the vessel or facility, such that the person has assumed or manifested responsibility (aa) for the overall management of the vessel or facility encompassing day-to-day decision making with respect to environmental compliance; or (bb) over all or substantially all of the operational functions (as distinguished from financial or administrative functions) of the vessel or facility other than the function of environmental compliance; and (B) does not include (i) A unit of state or local government that acquired ownership or control of a vessel or facility involuntarily through (I) seizure or otherwise in connection with law enforcement activity; (II) bankruptcy; (III) tax delinquency; (IV) abandonment; or (V) other circumstances in which the government involuntarily acquires title by virtue of its function as sovereign; (ii) a person that is a lender that does not participate in management of a vessel or facility, but holds indicia of ownership primarily to protect the security interest of the person in the vessel or facility; or (iii) a person that is a lender that did not participate in management of a vessel or facility prior to foreclosure, notwithstanding that the person (I) forecloses on the vessel or facility; and (II) after foreclosure, sells, re-leases (in the case of a lease finance transaction), or liquidates the vessel or facility, maintains business activities, winds up operations, undertakes a removal action under section 1321(c) of this title if the person seeks to sell, re-lease (in the case of a lease finance transaction), or otherwise divest the person of the vessel or facility at the earliest practicable, commercially reasonable time, on commercially reasonable terms, taking into account market conditions and legal and regulatory requirements; (27) person means an individual, corporation, partnership, association, State, municipality, commission, or political subdivision of a State, or any interstate body; (28) permittee means a person holding an authorization, license, or permit for geological exploration issued under section 11 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1340 (29) public vessel means a vessel owned or bareboat chartered and operated by the United States, or by a State or political subdivision thereof, or by a foreign nation, except when the vessel is engaged in commerce; (30) remove or removal means containment and removal of oil or a hazardous substance from water and shorelines or the taking of other actions as may be necessary to minimize or mitigate damage to the public health or welfare, including, but not limited to, fish, shellfish, wildlife, and public and private property, shorelines, and beaches; (31) removal costs means the costs of removal that are incurred after a discharge of oil has occurred or, in any case in which there is a substantial threat of a discharge of oil, the costs to prevent, minimize, or mitigate oil pollution from such an incident; (32) responsible party means the following: (A)  Vessels In the case of a vessel, any person owning, operating, or demise chartering the vessel. In the case of a vessel, the term responsible party also includes the owner of oil being transported in a tank vessel with a single hull after December 31, 2010 (B)  Onshore facilities In the case of an onshore facility (other than a pipeline), any person owning or operating the facility, except a Federal agency, State, municipality, commission, or political subdivision of a State, or any interstate body, that as the owner transfers possession and right to use the property to another person by lease, assignment, or permit. (C)  Offshore facilities In the case of an offshore facility (other than a pipeline or a deepwater port licensed under the Deepwater Port Act of 1974 ( 33 U.S.C. 1501 43 U.S.C. 1301135 (D)  Foreign facilities In the case of a foreign offshore unit or other facility located seaward of the exclusive economic zone, any person or other entity owning or operating the facility, and any leaseholder, permit holder, assignee, or holder of a right of use and easement granted under applicable foreign law for the area in which the facility is located. (E)  Deepwater ports In the case of a deepwater port licensed under the Deepwater Port Act of 1974 ( 33 U.S.C. 1501152 (F)  Pipelines In the case of a pipeline, any person owning or operating the pipeline. (G)  Abandonment In the case of an abandoned vessel, onshore facility, deepwater port, pipeline,, 1 1 (33) Secretary means the Secretary of the department in which the Coast Guard is operating; (34) tank vessel means a vessel that is constructed or adapted to carry, or that carries, oil or hazardous material in bulk as cargo or cargo residue, and that (A) is a vessel of the United States; (B) operates on the navigable waters; or (C) transfers oil or hazardous material in a place subject to the jurisdiction of the United States; (35) territorial seas means the belt of the seas measured from the line of ordinary low water along that portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters, and extending seaward a distance of 3 miles; (36) United States and State mean the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Marianas, and any other territory or possession of the United States; (37) vessel means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, other than a public vessel; (38) participate in management (A) (i) means actually participating in the management or operational affairs of a vessel or facility; and (ii) does not include merely having the capacity to influence, or the unexercised right to control, vessel or facility operations; and (B) does not include (i) performing an act or failing to act prior to the time at which a security interest is created in a vessel or facility; (ii) holding a security interest or abandoning or releasing a security interest; (iii) including in the terms of an extension of credit, or in a contract or security agreement relating to the extension, a covenant, warranty, or other term or condition that relates to environmental compliance; (iv) monitoring or enforcing the terms and conditions of the extension of credit or security interest; (v) monitoring or undertaking one or more inspections of the vessel or facility; (vi) requiring a removal action or other lawful means of addressing a discharge or substantial threat of a discharge of oil in connection with the vessel or facility prior to, during, or on the expiration of the term of the extension of credit; (vii) providing financial or other advice or counseling in an effort to mitigate, prevent, or cure default or diminution in the value of the vessel or facility; (viii) restructuring, renegotiating, or otherwise agreeing to alter the terms and conditions of the extension of credit or security interest, exercising forbearance; (ix) exercising other remedies that may be available under applicable law for the breach of a term or condition of the extension of credit or security agreement; or (x) conducting a removal action under section 1321(c) of this title if such actions do not rise to the level of participating in management under subparagraph (A) of this paragraph and paragraph (26)(A)(vi); (39) extension of credit has the meaning provided in section 101(20)(G)(i) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ( 42 U.S.C. 9601(20)(G)(i) (40) financial or administrative function has the meaning provided in section 101(20)(G)(ii) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ( 42 U.S.C. 9601(20)(G)(ii) (41) foreclosure and foreclose each has the meaning provided in section 101(20)(G)(iii) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ( 42 U.S.C. 9601(20)(G)(iii) (42) lender has the meaning provided in section 101(20)(G)(iv) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ( 42 U.S.C. 9601(20)(G)(iv) (43) operational function has the meaning provided in section 101(20)(G)(v) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ( 42 U.S.C. 9601(20)(G)(v) (44) security interest has the meaning provided in section 101(20)(G)(vi) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ( 42 U.S.C. 9601(20)(G)(vi) ( Pub. L. 101380, title I,  1001 Aug. 18, 1990 104 Stat. 486 Pub. L. 105383, title III,  307(a) Nov. 13, 1998 112 Stat. 3421 Pub. L. 108293, title VII,  703(a) Aug. 9, 2004 118 Stat. 1069 Pub. L. 111281, title VII,  713 Oct. 15, 2010 124 Stat. 2988 Pub. L. 11591, div. C, title XXXV,  3508(b)(1)(A) Dec. 12, 2017 131 Stat. 1915 Pub. L. 115232, div. C, title XXXV,  3544(d) Aug. 13, 2018 132 Stat. 2325  Editorial Notes  References in Text This Act, referred to in text, is Pub. L. 101380 Aug. 18, 1990 104 Stat. 484 The Deepwater Port Act of 1974, referred to in pars. (6) and (32)(C), (D), is Pub. L. 93627 Jan. 3, 1975 88 Stat. 2126 section 1501 of this title Presidential Proclamation Numbered 5030, referred to in par. (8), is Proc. No. 5030, Mar. 10, 1983 section 1453 of Title 16 The Outer Continental Shelf Lands Act, referred to in pars. (16) and (32)(C), is act Aug. 7, 1953, ch. 345 67 Stat. 462 section 1301 of Title 43 The Comprehensive Environmental Response, Compensation, and Liability Act, referred to in par. (23), probably means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Pub. L. 96510 Dec. 11, 1980 94 Stat. 2767 section 9601 of Title 42 Amendments 2018Par. (32)(A). Pub. L. 115232 section 3703a(b)(3) of title 46 2017Par. (26)(A)(ii). Pub. L. 11591,  3508(b)(1)(A)(i)(I) Par. (26)(A)(iii). Pub. L. 11591,  3508(b)(1)(A)(i)(II) Par. (32)(D) to (G). Pub. L. 11591,  3508(b)(1)(A)(ii) 2010Par. (32)(A). Pub. L. 111281 December 31, 2010 section 3703a(b)(3) of title 46 2004Par. (26). Pub. L. 108293,  703(a) Pars. (38) to (44). Pub. L. 108293,  703(b) 1998Par. (23). Pub. L. 105383 42 U.S.C. 9601 Statutory Notes and Related Subsidiaries Effective Date Pub. L. 101380, title I,  1020 Aug. 18, 1990 104 Stat. 506 This Act [see Short Title of 1990 Amendments note below for classification] shall apply to an incident occurring after the date of the enactment of this Act [ Aug. 18, 1990 Short Title of 2006 Amendment Pub. L. 109241, title VI,  601 July 11, 2006 120 Stat. 553 This title [enacting sections 1232b and 2762 of this title, amending sections 1321, 2704, and 2761 of this title, and enacting provisions set out as notes under section 2704 of this title Short Title of 1995 Amendment Pub. L. 10455,  1 Nov. 20, 1995 109 Stat. 546 This Act [enacting section 2720 of this title Short Title of 1990 Amendments Pub. L. 101537, title II,  2001 Nov. 8, 1990 104 Stat. 2375 Pub. L. 101646, title IV,  4001 Nov. 29, 1990 104 Stat. 4788 Pub. L. 104332,  2(h)(1) Oct. 26, 1996 110 Stat. 4091 This title [amending section 2761 of this title Short Title Pub. L. 101380,  1 Aug. 18, 1990 104 Stat. 484 This Act [enacting this chapter, sections 1642 and 1656 of Title 43, Public Lands, sections 3703a and 7505 of Title 46, Shipping, and section 1274a of the Appendix to Title 46, amending sections 1223, 1228, 1232, 1236, 1319, 1321, 1481, 1486, 1503, 1514, and 1908 of this title, section 3145 of Title 16 section 1517 of this title section 92 of Title 14 section 9509 of Title 26 section 401 of Title 23 section 1811 of Title 43  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 section 542 of Title 6  2702. Elements of liability (a) In general Notwithstanding any other provision or rule of law, and subject to the provisions of this Act, each responsible party for a vessel or a facility from which oil is discharged, or which poses the substantial threat of a discharge of oil, into or upon the navigable waters or adjoining shorelines or the exclusive economic zone is liable for the removal costs and damages specified in subsection (b) that result from such incident. (b) Covered removal costs and damages (1) Removal costs The removal costs referred to in subsection (a) are (A) all removal costs incurred by the United States, a State, or an Indian tribe under subsection (c), (d), (e), or ( l section 1321 of this title 33 U.S.C. 1471 (B) any removal costs incurred by any person for acts taken by the person which are consistent with the National Contingency Plan. (2) Damages The damages referred to in subsection (a) are the following: (A) Natural resources Damages for injury to, destruction of, loss of, or loss of use of, natural resources, including the reasonable costs of assessing the damage, which shall be recoverable by a United States trustee, a State trustee, an Indian tribe trustee, or a foreign trustee. (B) Real or personal property Damages for injury to, or economic losses resulting from destruction of, real or personal property, which shall be recoverable by a claimant who owns or leases that property. (C) Subsistence use Damages for loss of subsistence use of natural resources, which shall be recoverable by any claimant who so uses natural resources which have been injured, destroyed, or lost, without regard to the ownership or management of the resources. (D) Revenues Damages equal to the net loss of taxes, royalties, rents, fees, or net profit shares due to the injury, destruction, or loss of real property, personal property, or natural resources, which shall be recoverable by the Government of the United States, a State, or a political subdivision thereof. (E) Profits and earning capacity Damages equal to the loss of profits or impairment of earning capacity due to the injury, destruction, or loss of real property, personal property, or natural resources, which shall be recoverable by any claimant. (F) Public services Damages for net costs of providing increased or additional public services during or after removal activities, including protection from fire, safety, or health hazards, caused by a discharge of oil, which shall be recoverable by a State, or a political subdivision of a State. (c) Excluded discharges This subchapter does not apply to any discharge (1) permitted by a permit issued under Federal, State, or local law; (2) from a public vessel; or (3) from an onshore facility which is subject to the Trans-Alaska Pipeline Authorization Act ( 43 U.S.C. 1651 (d) Liability of third parties (1) In general (A) Third party treated as responsible party Except as provided in subparagraph (B), in any case in which a responsible party establishes that a discharge or threat of a discharge and the resulting removal costs and damages were caused solely by an act or omission of one or more third parties described in section 2703(a)(3) of this title (B) Subrogation of responsible party If the responsible party alleges that the discharge or threat of a discharge was caused solely by an act or omission of a third party, the responsible party (i) in accordance with section 2713 of this title (ii) shall be entitled by subrogation to all rights of the United States Government and the claimant to recover removal costs or damages from the third party or the Fund paid under this subsection. (2) Limitation applied (A) Owner or operator of vessel or facility If the act or omission of a third party that causes an incident occurs in connection with a vessel or facility owned or operated by the third party, the liability of the third party shall be subject to the limits provided in section 2704 of this title (B) Other cases In any other case, the liability of a third party or parties shall not exceed the limitation which would have been applicable to the responsible party of the vessel or facility from which the discharge actually occurred if the responsible party were liable. ( Pub. L. 101380, title I,  1002 Aug. 18, 1990 104 Stat. 489  Editorial Notes  References in Text This Act, referred to in subsec. (a), is Pub. L. 101380 Aug. 18, 1990 104 Stat. 484 section 2701 of this title The Intervention on the High Seas Act, referred to in subsec. (b)(1)(A), is Pub. L. 93248 Feb. 5, 1974 88 Stat. 8 section 1471 of this title The Trans-Alaska Pipeline Authorization Act, referred to in subsec. (c)(3), is title II of Pub. L. 93153 Nov. 16, 1973 87 Stat. 584 section 1651 of Title 43  2703. Defenses to liability (a) Complete defenses A responsible party is not liable for removal costs or damages under section 2702 of this title (1) an act of God; (2) an act of war; (3) an act or omission of a third party, other than an employee or agent of the responsible party or a third party whose act or omission occurs in connection with any contractual relationship with the responsible party (except where the sole contractual arrangement arises in connection with carriage by a common carrier by rail), if the responsible party establishes, by a preponderance of the evidence, that the responsible party (A) exercised due care with respect to the oil concerned, taking into consideration the characteristics of the oil and in light of all relevant facts and circumstances; and (B) took precautions against foreseeable acts or omissions of any such third party and the foreseeable consequences of those acts or omissions; or (4) any combination of paragraphs (1), (2), and (3). (b) Defenses as to particular claimants A responsible party is not liable under section 2702 of this title (c) Limitation on complete defense Subsection (a) does not apply with respect to a responsible party who fails or refuses (1) to report the incident as required by law if the responsible party knows or has reason to know of the incident; (2) to provide all reasonable cooperation and assistance requested by a responsible official in connection with removal activities; or (3) without sufficient cause, to comply with an order issued under subsection (c) or (e) of section 1321 of this title 33 U.S.C. 1471 (d) Definition of contractual relationship (1) In general For purposes of subsection (a)(3) the term contractual relationship includes, but is not limited to, land contracts, deeds, easements, leases, or other instruments transferring title or possession, unless (A) the real property on which the facility concerned is located was acquired by the responsible party after the placement of the oil on, in, or at the real property on which the facility concerned is located; (B) one or more of the circumstances described in subparagraph (A), (B), or (C) of paragraph (2) is established by the responsible party by a preponderance of the evidence; and (C) the responsible party complies with paragraph (3). (2) Required circumstance The circumstances referred to in paragraph (1)(B) are the following: (A) At the time the responsible party acquired the real property on which the facility is located the responsible party did not know and had no reason to know that oil that is the subject of the discharge or substantial threat of discharge was located on, in, or at the facility. (B) The responsible party is a government entity that acquired the facility (i) by escheat; (ii) through any other involuntary transfer or acquisition; or (iii) through the exercise of eminent domain authority by purchase or condemnation. (C) The responsible party acquired the facility by inheritance or bequest. (3) Additional requirements For purposes of paragraph (1)(C), the responsible party must establish by a preponderance of the evidence that the responsible party (A) has satisfied the requirements of subsection (a)(3)(A) and (B); (B) has provided full cooperation, assistance, and facility access to the persons that are authorized to conduct removal actions, including the cooperation and access necessary for the installation, integrity, operation, and maintenance of any complete or partial removal action; (C) is in compliance with any land use restrictions established or relied on in connection with the removal action; and (D) has not impeded the effectiveness or integrity of any institutional control employed in connection with the removal action. (4) Reason to know (A) Appropriate inquiries To establish that the responsible party had no reason to know of the matter described in paragraph (2)(A), the responsible party must demonstrate to a court that (i) on or before the date on which the responsible party acquired the real property on which the facility is located, the responsible party carried out all appropriate inquiries, as provided in subparagraphs (B) and (D), into the previous ownership and uses of the real property on which the facility is located in accordance with generally accepted good commercial and customary standards and practices; and (ii) the responsible party took reasonable steps to (I) stop any continuing discharge; (II) prevent any substantial threat of discharge; and (III) prevent or limit any human, environmental, or natural resource exposure to any previously discharged oil. (B) Regulations establishing standards and practices Not later than 2 years after August 9, 2004 (C) Criteria In promulgating regulations that establish the standards and practices referred to in subparagraph (B), the Secretary shall include in such standards and practices provisions regarding each of the following: (i) The results of an inquiry by an environmental professional. (ii) Interviews with past and present owners, operators, and occupants of the facility and the real property on which the facility is located for the purpose of gathering information regarding the potential for oil at the facility and on the real property on which the facility is located. (iii) Reviews of historical sources, such as chain of title documents, aerial photographs, building department records, and land use records, to determine previous uses and occupancies of the real property on which the facility is located since the property was first developed. (iv) Searches for recorded environmental cleanup liens against the facility and the real property on which the facility is located that are filed under Federal, State, or local law. (v) Reviews of Federal, State, and local government records, waste disposal records, underground storage tank records, and waste handling, generation, treatment, disposal, and spill records, concerning oil at or near the facility and on the real property on which the facility is located. (vi) Visual inspections of the facility, the real property on which the facility is located, and adjoining properties. (vii) Specialized knowledge or experience on the part of the responsible party. (viii) The relationship of the purchase price to the value of the facility and the real property on which the facility is located, if oil was not at the facility or on the real property. (ix) Commonly known or reasonably ascertainable information about the facility and the real property on which the facility is located. (x) The degree of obviousness of the presence or likely presence of oil at the facility and on the real property on which the facility is located, and the ability to detect the oil by appropriate investigation. (D) Interim standards and practices (i) Real property purchased before May 31, 1997 With respect to real property purchased before May 31, 1997 (I) any specialized knowledge or experience on the part of the responsible party; (II) the relationship of the purchase price to the value of the facility and the real property on which the facility is located, if the oil was not at the facility or on the real property; (III) commonly known or reasonably ascertainable information about the facility and the real property on which the facility is located; (IV) the obviousness of the presence or likely presence of oil at the facility and on the real property on which the facility is located; and (V) the ability of the responsible party to detect oil by appropriate inspection. (ii) Real property purchased on or after May 31, 1997 With respect to real property purchased on or after May 31, 1997 (E) Site inspection and title search In the case of real property for residential use or other similar use purchased by a nongovernmental or noncommercial entity, inspection and title search of the facility and the real property on which the facility is located that reveal no basis for further investigation shall be considered to satisfy the requirements of this paragraph. (5) Previous owner or operator Nothing in this paragraph or in subsection (a)(3) shall diminish the liability of any previous owner or operator of such facility who would otherwise be liable under this Act. Notwithstanding this paragraph, if a responsible party obtained actual knowledge of the discharge or substantial threat of discharge of oil at such facility when the responsible party owned the facility and then subsequently transferred ownership of the facility or the real property on which the facility is located to another person without disclosing such knowledge, the responsible party shall be treated as liable under section 2702(a) of this title (6) Limitation on defense Nothing in this paragraph shall affect the liability under this Act of a responsible party who, by any act or omission, caused or contributed to the discharge or substantial threat of discharge of oil which is the subject of the action relating to the facility. ( Pub. L. 101380, title I,  1003 Aug. 18, 1990 104 Stat. 491 Pub. L. 108293, title VII,  703(c) Aug. 9, 2004 118 Stat. 1072 Pub. L. 115232, div. C, title XXXV,  3547(b) Aug. 13, 2018 132 Stat. 2328  Editorial Notes  References in Text The Intervention on the High Seas Act, referred to in subsec. (c)(3), is Pub. L. 93248 Feb. 5, 1974 88 Stat. 8 section 1471 of this title This Act, referred to in subsec. (d)(5), (6), is Pub. L. 101380 Aug. 18, 1990 104 Stat. 484 section 2701 of this title Amendments 2018Subsec. (d)(5). Pub. L. 115232 2004Subsec. (d). Pub. L. 108293  2704. Limits on liability (a) General rule Except as otherwise provided in this section, the total of the liability of a responsible party under section 2702 of this title (1) for a tank vessel the greater of (A) with respect to a single-hull vessel, including a single-hull vessel fitted with double sides only or a double bottom only, $3,000 per gross ton; (B) with respect to a vessel other than a vessel referred to in subparagraph (A), $1,900 per gross ton; or (C) (i) with respect to a vessel greater than 3,000 gross tons that is (I) a vessel described in subparagraph (A), $22,000,000; or (II) a vessel described in subparagraph (B), $16,000,000; or (ii) with respect to a vessel of 3,000 gross tons or less that is (I) a vessel described in subparagraph (A), $6,000,000; or (II) a vessel described in subparagraph (B), $4,000,000; (2) for any other vessel, $950 per gross ton or $800,000, whichever is greater; (3) for an offshore facility except a deepwater port, the total of all removal costs plus $75,000,000; and (4) for any onshore facility and a deepwater port, $350,000,000. (b) Division of liability for mobile offshore drilling units (1) Treated first as tank vessel For purposes of determining the responsible party and applying this Act and except as provided in paragraph (2), a mobile offshore drilling unit which is being used as an offshore facility is deemed to be a tank vessel with respect to the discharge, or the substantial threat of a discharge, of oil on or above the surface of the water. (2) Treated as facility for excess liability To the extent that removal costs and damages from any incident described in paragraph (1) exceed the amount for which a responsible party is liable (as that amount may be limited under subsection (a)(1)), the mobile offshore drilling unit is deemed to be an offshore facility. For purposes of applying subsection (a)(3), the amount specified in that subsection shall be reduced by the amount for which the responsible party is liable under paragraph (1). (c) Exceptions (1) Acts of responsible party Subsection (a) does not apply if the incident was proximately caused by (A) gross negligence or willful misconduct of, or (B) the violation of an applicable Federal safety, construction, or operating regulation by, the responsible party, an agent or employee of the responsible party, or a person acting pursuant to a contractual relationship with the responsible party (except where the sole contractual arrangement arises in connection with carriage by a common carrier by rail). (2) Failure or refusal of responsible party Subsection (a) does not apply if the responsible party fails or refuses (A) to report the incident as required by law and the responsible party knows or has reason to know of the incident; (B) to provide all reasonable cooperation and assistance requested by a responsible official in connection with removal activities; or (C) without sufficient cause, to comply with an order issued under subsection (c) or (e) of section 1321 of this title 33 U.S.C. 1471 (3) OCS facility or vessel Notwithstanding the limitations established under subsection (a) and the defenses of section 2703 of this title (4) Certain tank vessels Subsection (a)(1) shall not apply to (A) a tank vessel on which the only oil carried as cargo is an animal fat or vegetable oil, as those terms are used in section 2720 of this title (B) a tank vessel that is designated in its certificate of inspection as an oil spill response vessel (as that term is defined in section 2101 of title 46 (d) Adjusting limits of liability (1) Onshore facilities Subject to paragraph (2), the President may establish by regulation, with respect to any class or category of onshore facility, a limit of liability under this section of less than $350,000,000, but not less than $8,000,000, taking into account size, storage capacity, oil throughput, proximity to sensitive areas, type of oil handled, history of discharges, and other factors relevant to risks posed by the class or category of facility. (2) Deepwater ports and associated vessels (A) Study The Secretary shall conduct a study of the relative operational and environmental risks posed by the transportation of oil by vessel to deepwater ports (as defined in section 1502 of this title (B) Report Not later than 1 year after August 18, 1990 (C) Rulemaking proceeding If the Secretary determines, based on the results of the study conducted under subparagraph (A), that the use of deepwater ports in connection with the transportation of oil by vessel results in a lower operational or environmental risk than the use of other ports, the Secretary shall initiate, not later than the 180th day following the date of submission of the report to the Congress under subparagraph (B), a rulemaking proceeding to lower the limits of liability under this section for deepwater ports as the Secretary determines appropriate. The Secretary may establish a limit of liability of less than $350,000,000, but not less than $50,000,000, in accordance with paragraph (1). (3) Periodic reports The President shall, within 6 months after August 18, 1990 (4) Adjustment to reflect Consumer Price Index The President, by regulations issued not later than 3 years after July 11, 2006 ( Pub. L. 101380, title I,  1004 Aug. 18, 1990 104 Stat. 491 Pub. L. 10455,  2(d)(1) Nov. 20, 1995 109 Stat. 546 Pub. L. 105383, title IV,  406 Nov. 13, 1998 112 Stat. 3429 Pub. L. 109241, title VI,  603(a)(1) July 11, 2006 120 Stat. 553 Pub. L. 111281, title IX,  903(a)(2) Oct. 15, 2010 124 Stat. 3010 Pub. L. 115232, div. C, title XXXV,  3547(c) Aug. 13, 2018 132 Stat. 2328  Editorial Notes  References in Text This Act, referred to in subsec. (b)(1), is Pub. L. 101380 Aug. 18, 1990 104 Stat. 484 section 2701 of this title The Intervention on the High Seas Act, referred to in subsec. (c)(2)(C), is Pub. L. 93248 Feb. 5, 1974 88 Stat. 8 section 1471 of this title Amendments 2018Subsec. (d)(2)(C). Pub. L. 115232 2010Subsec. (a)(2). Pub. L. 111281,  903(e)(1) Pub. L. 111281,  903(a)(2) Pub. L. 109241,  603(a)(2) 2006Subsec. (a)(1)(A) to (C). Pub. L. 109241,  603(a)(1) (A) $1,200 per gross ton; or (B)(i) in the case of a vessel greater than 3,000 gross tons, $10,000,000; or (ii) in the case of a vessel of 3,000 gross tons or less, $2,000,000;. Subsec. (a)(2). Pub. L. 109241,  603(a)(2) Pub. L. 111281,  903(a)(2) Subsec. (d)(4). Pub. L. 109241,  603(b) 1998Subsec. (a)(1). Pub. L. 105383,  406(1) section 2720 of this title Subsec. (c)(4). Pub. L. 105383,  406(2) 1995Subsec. (a)(1). Pub. L. 10455 section 2720 of this title Statutory Notes and Related Subsidiaries Effective Date of 2010 Amendment Pub. L. 111281, title IX,  903(a) Oct. 15, 2010 124 Stat. 3010 Pub. L. 109241 Effective Date of 2006 Amendment Pub. L. 109241, title VI,  603(a)(3) July 11, 2006 120 Stat. 554 In the case of an incident occurring before the 90th day following the date of enactment of this Act [ July 11, 2006 33 U.S.C. 2704(a)(1) July 11, 2006 Report Pub. L. 109241, title VI,  603(c) July 11, 2006 120 Stat. 554 Pub. L. 114120, title VI,  601(b) Feb. 8, 2016 130 Stat. 79  (1)  Initial report Not later than 45 days after the date of enactment of this Act [ July 11, 2006 (2)  Contents The report shall include, at a minimum, the following: (A) An analysis of the extent to which oil discharges from vessels and nonvessel sources have or are likely to result in removal costs and damages (as defined in section 1001 of the Oil Pollution Act of 1990 ( 33 U.S.C. 2701 33 U.S.C. 2703 33 U.S.C. 2704 (B) An analysis of the impacts that claims against the Oil Spill Liability Trust Fund for amounts exceeding such liability limits will have on the Fund. (C) Based on analyses under this paragraph and taking into account other factors impacting the Fund, recommendations on whether the liability limits need to be adjusted in order to prevent the principal of the Fund from declining to levels that are likely to be insufficient to cover expected claims. (3)  Annual updates The Secretary shall provide an update of the report to the Committees referred to in paragraph (1) not later than January 30 of the year following each year in which occurs an oil discharge from a vessel or nonvessel source that results or is likely to result in removal costs and damages (as those terms are defined in section 1001 of the Oil Pollution Act of 1990 ( 33 U.S.C. 2701 33 U.S.C. 2704 Executive Documents  Delegation of Functions For delegation of functions of President under subsec. (d) of this section, see section 4 of Ex. Ord. No. 12777, set out as a note under section 1321 of this title  2705. Interest; partial payment of claims (a) General rule The responsible party or the responsible partys guarantor is liable to a claimant for interest on the amount paid in satisfaction of a claim under this Act for the period described in subsection (b). The responsible party shall establish a procedure for the payment or settlement of claims for interim, short-term damages. Payment or settlement of a claim for interim, short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled shall not preclude recovery by the claimant for damages not reflected in the paid or settled partial claim. (b) Period (1) In general Except as provided in paragraph (2), the period for which interest shall be paid is the period beginning on the 30th day following the date on which the claim is presented to the responsible party or guarantor and ending on the date on which the claim is paid. (2) Exclusion of period due to offer by guarantor If the guarantor offers to the claimant an amount equal to or greater than that finally paid in satisfaction of the claim, the period described in paragraph (1) does not include the period beginning on the date the offer is made and ending on the date the offer is accepted. If the offer is made within 60 days after the date on which the claim is presented under section 2713(a) of this title (3) Exclusion of periods in interests of justice If in any period a claimant is not paid due to reasons beyond the control of the responsible party or because it would not serve the interests of justice, no interest shall accrue under this section during that period. (4) Calculation of interest (A) In general The interest paid for claims, other than Federal Government cost recovery claims, under this section shall be calculated at the average of the highest rate for commercial and finance company paper of maturities of 180 days or less obtaining on each of the days included within the period for which interest must be paid to the claimant, as published in the Federal Reserve Bulletin. (B) Federal cost recovery claims The interest paid for Federal Government cost recovery claims under this section shall be calculated in accordance with section 3717 of title 31 (5) Interest not subject to liability limits (A) In general Interest (including prejudgment interest) under this paragraph is in addition to damages and removal costs for which claims may be asserted under section 2702 of this title section 2704 of this title (B) Payment by guarantor The payment of interest under this subsection by a guarantor is subject to section 2716(g) of this title ( Pub. L. 101380, title I,  1005 Aug. 18, 1990 104 Stat. 493 Pub. L. 104324, title XI,  1142(a) Oct. 19, 1996 110 Stat. 3991 Pub. L. 117263, div. K, title CXIII,  11311 Dec. 23, 2022 136 Stat. 4086  Editorial Notes  References in Text This Act, referred to in subsec. (a), is Pub. L. 101380 Aug. 18, 1990 104 Stat. 484 section 2701 of this title Amendments 2022Subsec. (b)(4). Pub. L. 117263 1996 Pub. L. 104324,  1142(a)(1) Subsec. (a). Pub. L. 104324,  1142(a)(2)  2706. Natural resources (a) Liability In the case of natural resource damages under section 2702(b)(2)(A) of this title (1) to the United States Government for natural resources belonging to, managed by, controlled by, or appertaining to the United States; (2) to any State for natural resources belonging to, managed by, controlled by, or appertaining to such State or political subdivision thereof; (3) to any Indian tribe for natural resources belonging to, managed by, controlled by, or appertaining to such Indian tribe; and (4) in any case in which section 2707 of this title (b) Designation of trustees (1) In general The President, or the authorized representative of any State, Indian tribe, or foreign government, shall act on behalf of the public, Indian tribe, or foreign country as trustee of natural resources to present a claim for and to recover damages to the natural resources. (2) Federal trustees The President shall designate the Federal officials who shall act on behalf of the public as trustees for natural resources under this Act. (3) State trustees The Governor of each State shall designate State and local officials who may act on behalf of the public as trustee for natural resources under this Act and shall notify the President of the designation. (4) Indian tribe trustees The governing body of any Indian tribe shall designate tribal officials who may act on behalf of the tribe or its members as trustee for natural resources under this Act and shall notify the President of the designation. (5) Foreign trustees The head of any foreign government may designate the trustee who shall act on behalf of that government as trustee for natural resources under this Act. (c) Functions of trustees (1) Federal trustees The Federal officials designated under subsection (b)(2) (A) shall assess natural resource damages under section 2702(b)(2)(A) of this title (B) may, upon request of and reimbursement from a State or Indian tribe and at the Federal officials discretion, assess damages for the natural resources under the States or tribes trusteeship; and (C) shall develop and implement a plan for the restoration, rehabilitation, replacement, or acquisition of the equivalent, of the natural resources under their trusteeship. (2) State trustees The State and local officials designated under subsection (b)(3) (A) shall assess natural resource damages under section 2702(b)(2)(A) of this title (B) shall develop and implement a plan for the restoration, rehabilitation, replacement, or acquisition of the equivalent, of the natural resources under their trusteeship. (3) Indian tribe trustees The tribal officials designated under subsection (b)(4) (A) shall assess natural resource damages under section 2702(b)(2)(A) of this title (B) shall develop and implement a plan for the restoration, rehabilitation, replacement, or acquisition of the equivalent, of the natural resources under their trusteeship. (4) Foreign trustees The trustees designated under subsection (b)(5) (A) shall assess natural resource damages under section 2702(b)(2)(A) of this title (B) shall develop and implement a plan for the restoration, rehabilitation, replacement, or acquisition of the equivalent, of the natural resources under their trusteeship. (5) Notice and opportunity to be heard Plans shall be developed and implemented under this section only after adequate public notice, opportunity for a hearing, and consideration of all public comment. (d) Measure of damages (1) In general The measure of natural resource damages under section 2702(b)(2)(A) of this title (A) the cost of restoring, rehabilitating, replacing, or acquiring the equivalent of, the damaged natural resources; (B) the diminution in value of those natural resources pending restoration; plus (C) the reasonable cost of assessing those damages. (2) Determine costs with respect to plans Costs shall be determined under paragraph (1) with respect to plans adopted under subsection (c). (3) No double recovery There shall be no double recovery under this Act for natural resource damages, including with respect to the costs of damage assessment or restoration, rehabilitation, replacement, or acquisition for the same incident and natural resource. (e) Damage assessment regulations (1) Regulations The President, acting through the Under Secretary of Commerce for Oceans and Atmosphere and in consultation with the Administrator of the Environmental Protection Agency, the Director of the United States Fish and Wildlife Service, and the heads of other affected agencies, not later than 2 years after August 18, 1990 section 2702(b)(2)(A) of this title (2) Rebuttable presumption Any determination or assessment of damages to natural resources for the purposes of this Act made under subsection (d) by a Federal, State, or Indian trustee in accordance with the regulations promulgated under paragraph (1) shall have the force and effect of a rebuttable presumption on behalf of the trustee in any administrative or judicial proceeding under this Act. (f) Use of recovered sums Sums recovered under this Act by a Federal, State, Indian, or foreign trustee for natural resource damages under section 2702(b)(2)(A) of this title (g) Compliance Review of actions by any Federal official where there is alleged to be a failure of that official to perform a duty under this section that is not discretionary with that official may be had by any person in the district court in which the person resides or in which the alleged damage to natural resources occurred. The court may award costs of litigation (including reasonable attorney and expert witness fees) to any prevailing or substantially prevailing party. Nothing in this subsection shall restrict any right which any person may have to seek relief under any other provision of law. ( Pub. L. 101380, title I,  1006 Aug. 18, 1990 104 Stat. 494  Editorial Notes  References in Text This Act, referred to in subsecs. (b)(2)(5), (c)(2)(A), (3)(A), (4)(A), (d)(3), (e), and (f), is Pub. L. 101380 Aug. 18, 1990 104 Stat. 484 section 2701 of this title Statutory Notes and Related Subsidiaries NOAA Oil and Hazardous Substance Spill Cost Reimbursement Pub. L. 102567, title II,  205 Oct. 29, 1992 106 Stat. 4282  (a)  Treatment of Amounts Received as Reimbursement of Expenses Notwithstanding any other provision of law, amounts received by the United States as reimbursement of expenses related to oil or hazardous substance spill response activities, or natural resource damage assessment, restoration, rehabilitation, replacement, or acquisition activities, conducted (or to be conducted) by the National Oceanic and Atmospheric Administration (1) shall be deposited into the Fund; (2) shall be available, without fiscal year limitation and without apportionment, for use in accordance with the law under which the activities are conducted; and (3) shall not be considered to be an augmentation of appropriations. (b)  Application Subsection (a) shall apply to amounts described in subsection (a) that are received (1) after the date of the enactment of this Act [ Oct. 29, 1992 (2) with respect to the oil spill associated with the grounding of the EXXON VALDEZ. (c)  Definitions For purposes of this section (1) the term Fund means the Damage Assessment and Restoration Revolving Fund of the National Oceanic and Atmospheric Administration referred to in title I of Public Law 101515 104 Stat. 2105 (2) the term expenses includes incremental and base salaries, ships, aircraft, and associated indirect costs, except the term does not include base salaries and benefits of National Oceanic and Atmospheric Administration Support Coordinators. Damage Assessment and Restoration Revolving Fund; Deposits; Availability; Transfer Pub. L. 101515, title I Nov. 5, 1990 104 Stat. 2105 For contingency planning, response and natural resource damage assessment and restoration activities, pursuant to the Comprehensive Environmental Response, Compensation[,] and Liability Act [of 1980], as amended [ 42 U.S.C. 9601 33 U.S.C. 1251 16 U.S.C. 1431et 33 U.S.C. 1401 33 U.S.C. 2701 Provided Provided further Executive Documents  Delegation of Functions Functions of President under subsec. (b)(3) and (4) of this section delegated to Administrator of Environmental Protection Agency by section 8(c) of Ex. Ord. No. 12777, Oct. 18, 1991 section 1321 of this title  2707. Recovery by foreign claimants (a) Required showing by foreign claimants (1) In general In addition to satisfying the other requirements of this Act, to recover removal costs or damages resulting from an incident a foreign claimant shall demonstrate that (A) the claimant has not been otherwise compensated for the removal costs or damages; and (B) recovery is authorized by a treaty or executive agreement between the United States and the claimants country, or the Secretary of State, in consultation with the Attorney General and other appropriate officials, has certified that the claimants country provides a comparable remedy for United States claimants. (2) Exceptions Paragraph (1)(B) shall not apply with respect to recovery by a resident of Canada in the case of an incident described in subsection (b)(4). (b) Discharges in foreign countries A foreign claimant may make a claim for removal costs and damages resulting from a discharge, or substantial threat of a discharge, of oil in or on the territorial sea, internal waters, or adjacent shoreline of a foreign country, only if the discharge is from (1) an Outer Continental Shelf facility or a deepwater port; (2) a vessel in the navigable waters; (3) a vessel carrying oil as cargo between 2 places in the United States; or (4) a tanker that received the oil at the terminal of the pipeline constructed under the Trans-Alaska Pipeline Authorization Act ( 43 U.S.C. 1651 (c) Foreign claimant defined In this section, the term foreign claimant means (1) a person residing in a foreign country; (2) the government of a foreign country; and (3) an agency or political subdivision of a foreign country. ( Pub. L. 101380, title I,  1007 Aug. 18, 1990 104 Stat. 496  Editorial Notes  References in Text This Act, referred to in subsec. (a)(1), is Pub. L. 101380 Aug. 18, 1990 104 Stat. 484 section 2701 of this title The Trans-Alaska Pipeline Authorization Act, referred to in subsec. (b)(4), is title II of Pub. L. 93153 Nov. 16, 1973 87 Stat. 584 section 1651 of Title 43  2708. Recovery by responsible party (a) In general The responsible party for a vessel or facility from which oil is discharged, or which poses the substantial threat of a discharge of oil, may assert a claim for removal costs and damages under section 2713 of this title (1) the responsible party is entitled to a defense to liability under section 2703 of this title (2) the responsible party is entitled to a limitation of liability under section 2704 of this title (b) Extent of recovery A responsible party who is entitled to a limitation of liability may assert a claim under section 2713 of this title section 2713 of this title section 2702 of this title section 2704 of this title ( Pub. L. 101380, title I,  1008 Aug. 18, 1990 104 Stat. 497  2709. Contribution  A person may bring a civil action for contribution against any other person who is liable or potentially liable under this Act or another law. The action shall be brought in accordance with section 2717 of this title ( Pub. L. 101380, title I,  1009 Aug. 18, 1990 104 Stat. 497  Editorial Notes  References in Text This Act, referred to in text, is Pub. L. 101380 Aug. 18, 1990 104 Stat. 484 section 2701 of this title  2710. Indemnification agreements (a) Agreements not prohibited Nothing in this Act prohibits any agreement to insure, hold harmless, or indemnify a party to such agreement for any liability under this Act. (b) Liability not transferred No indemnification, hold harmless, or similar agreement or conveyance shall be effective to transfer liability imposed under this Act from a responsible party or from any person who may be liable for an incident under this Act to any other person. (c) Relationship to other causes of action Nothing in this Act, including the provisions of subsection (b), bars a cause of action that a responsible party subject to liability under this Act, or a guarantor, has or would have, by reason of subrogation or otherwise, against any person. ( Pub. L. 101380, title I,  1010 Aug. 18, 1990 104 Stat. 498  Editorial Notes  References in Text This Act, referred to in text, is Pub. L. 101380 Aug. 18, 1990 104 Stat. 484 section 2701 of this title  2711. Consultation on removal actions  The President shall consult with the affected trustees designated under section 2706 of this title ( Pub. L. 101380, title I,  1011 Aug. 18, 1990 104 Stat. 498  Executive Documents  Delegation of Functions Functions of President under this section delegated to Administrator of Environmental Protection Agency for inland zone and to Secretary of Department in which Coast Guard is operating for coastal zone by section 3 of Ex. Ord. No. 12777, Oct. 18, 1991 section 1321 of this title  2712. Uses of Fund (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 (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 (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 section 1321 of this title (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 (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 (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 (2) Inapplicability Chapter 63 and section 1535 of title 31 (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 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 incompetents 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 (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. 101380, title I,  1012 Aug. 18, 1990 104 Stat. 498 Pub. L. 108293, title VII,  708(b) Aug. 9, 2004 118 Stat. 1077 Pub. L. 111281, title VII,  708 Oct. 15, 2010 124 Stat. 2984 Pub. L. 115282, title VIII,  816 Dec. 4, 2018 132 Stat. 4305 Pub. L. 116283, div. G, title LVXXXIII Jan. 1, 2021 134 Stat. 4692 Pub. L. 117263, div. K, title CXIII Dec. 23, 2022 136 Stat. 4085  Editorial Notes  References in Text This Act, referred to in subsecs. (a)(5) and (e), is Pub. L. 101380 Aug. 18, 1990 104 Stat. 484 section 1223 of this title section 1223 of this title section 3703 of Title 46 section 2736 of this title section 1651 of Title 43 section 2701 of this title Amendments 2022Subsec. (a)(1)(B). Pub. L. 117263,  11314(1) Subsec. (a)(4). Pub. L. 117263,  11310 Subsec. (d). Pub. L. 117263,  11314(2) Subsec. (e). Pub. L. 117263,  11314(2) (1) not later than 6 months after August 18, 1990 (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. 117263,  11314(3) l 2021Subsec. (a)(5)(A). Pub. L. 116283,  8513(c) Subsec. (a)(6). Pub. L. 116283,  8303(b) section 2713(f) of this title Subsec. (b). Pub. L. 116283,  8302(a) 2018Subsec. (g). Pub. L. 115282,  816(1) Subsec. ( l Pub. L. 115282,  816(2) section 1105 of title 31 October 15, 2010 Subsec. ( l Pub. L. 115282,  816(3) (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). 2010Subsec. (a)(5)(B) to (D). Pub. L. 111281,  708(a) Subsec. (g). Pub. L. 111281,  708(b)(1) August 18, 1990 Subsec. ( l Pub. L. 111281,  708(b)(2) l 2004Subsec. (a)(6). Pub. L. 108293 Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Pub. L. 116283, div. G, title LVXXXIII Jan. 1, 2021 134 Stat. 4692 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. 117263 section 11003 of Pub. L. 117263 section 245 of Title 6 Use of Fund for Spills of National Significance Pub. L. 11274, div. D, title V,  563 Dec. 23, 2011 125 Stat. 981 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) 31 U.S.C. 3302 33 U.S.C. 2712(a)(1) Provided 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 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 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. 101380 l Memorandum of the President of the United States, Aug. 24, 1990 Oct. 18, 1991 section 1321 of this title  2713. Claims procedure (a) Presentation Except as provided in subsection (b), all claims for removal costs or damages shall be presented first to the responsible party or guarantor of the source designated under section 2714(a) of this title (b) Presentation to Fund (1) In general Claims for removal costs or damages may be presented first to the Fund (A) if the President has advertised or otherwise notified claimants in accordance with section 2714(c) of this title (B) by a responsible party who may assert a claim under section 2708 of this title (C) by the Governor of a State for removal costs incurred by that State; or (D) by a United States claimant in a case where a foreign offshore unit has discharged oil causing damage for which the Fund is liable under section 2712(a) of this title (2) Limitation on presenting claim No claim of a person against the Fund may be approved or certified during the pendency of an action by the person in court to recover costs which are the subject of the claim. (c) Election If a claim is presented in accordance with subsection (a) and (1) each person to whom the claim is presented denies all liability for the claim, or (2) the claim is not settled by any person by payment within 90 days after the date upon which (A) the claim was presented, or (B) advertising was begun pursuant to section 2714(b) of this title the claimant may elect to commence an action in court against the responsible party or guarantor or to present the claim to the Fund. (d) Uncompensated damages If a claim is presented in accordance with this section, including a claim for interim, short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled, and full and adequate compensation is unavailable, a claim for the uncompensated damages and removal costs may be presented to the Fund. (e) Procedure for claims against Fund The President shall promulgate, and may from time to time amend, regulations for the presentation, filing, processing, settlement, and adjudication of claims under this Act against the Fund. ( Pub. L. 101380, title I,  1013 Aug. 18, 1990 104 Stat. 501 Pub. L. 104324, title XI,  1142(b) Oct. 19, 1996 110 Stat. 3991 Pub. L. 108293, title VII,  708(a) Aug. 9, 2004 118 Stat. 1077 Pub. L. 116283, div. G, title LVXXXIII Jan. 1, 2021 134 Stat. 4692  Editorial Notes  References in Text This Act, referred to in subsec. (e), is Pub. L. 101380 Aug. 18, 1990 104 Stat. 484 section 2701 of this title Amendments 2021Subsec. (f). Pub. L. 116283 2004Subsec. (f). Pub. L. 108293 1996Subsec. (d). Pub. L. 104324 Executive Documents  Delegation of Functions Functions of President under subsec. (e) of this section delegated to Secretary of Department in which Coast Guard is operating by section 7(c)(2) of Ex. Ord. No. 12777, Oct. 18, 1991 section 1321 of this title  2714. Designation of source and advertisement (a) Designation of source and notification When the President receives information of an incident, the President shall, where possible and appropriate, designate the source or sources of the discharge or threat. If a designated source is a vessel or a facility, the President shall immediately notify the responsible party and the guarantor, if known, of that designation. (b) Advertisement by responsible party or guarantor (1) If a responsible party or guarantor fails to inform the President, within 5 days after receiving notification of a designation under subsection (a), of the partys or the guarantors denial of the designation, such party or guarantor shall advertise the designation and the procedures by which claims may be presented, in accordance with regulations promulgated by the President. Advertisement under the preceding sentence shall begin no later than 15 days after the date of the designation made under subsection (a). If advertisement is not otherwise made in accordance with this subsection, the President shall promptly and at the expense of the responsible party or the guarantor involved, advertise the designation and the procedures by which claims may be presented to the responsible party or guarantor. Advertisement under this subsection shall continue for a period of no less than 30 days. (2) An advertisement under paragraph (1) shall state that a claimant may present a claim for interim, short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled and that payment of such a claim shall not preclude recovery for damages not reflected in the paid or settled partial claim. (c) Advertisement by President If (1) the responsible party and the guarantor both deny a designation within 5 days after receiving notification of a designation under subsection (a), (2) the source of the discharge or threat was a public vessel, or (3) the President is unable to designate the source or sources of the discharge or threat under subsection (a), the President shall advertise or otherwise notify potential claimants of the procedures by which claims may be presented to the Fund. ( Pub. L. 101380, title I,  1014 Aug. 18, 1990 104 Stat. 501 Pub. L. 104324, title XI,  1142(c) Oct. 19, 1996 110 Stat. 3991  Editorial Notes Amendments 1996Subsec. (b). Pub. L. 104324 Executive Documents  Delegation of Functions Functions of President under this section delegated to Secretary of Department in which Coast Guard is operating by section 7(d)(2) of Ex. Ord. No. 12777, Oct. 18, 1991 section 1321 of this title  2715. Subrogation (a) In general Any person, including the Fund, who pays compensation pursuant to this Act to any claimant for removal costs or damages shall be subrogated to all rights, claims, and causes of action that the claimant has under any other law. (b) Interim damages (1) In general If a responsible party, a guarantor, or the Fund has made payment to a claimant for interim, short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled, subrogation under subsection (a) shall apply only with respect to the portion of the claim reflected in the paid interim claim. (2) Final damages Payment of such a claim shall not foreclose a claimants right to recovery of all damages to which the claimant otherwise is entitled under this Act or under any other law. (c) Actions on behalf of Fund At the request of the Secretary, the Attorney General shall commence an action on behalf of the Fund to recover any compensation paid by the Fund to any claimant pursuant to this Act, and all costs incurred by the Fund by reason of the claim, including interest (including prejudgment interest), administrative and adjudicative costs, and attorneys fees. Such an action may be commenced against any responsible party or (subject to section 2716 of this title (d) Authority to settle The head of any department or agency responsible for recovering amounts for which a person is liable under this subchapter may consider, compromise, and settle a claim for such amounts, including such costs paid from the Fund, if the claim has not been referred to the Attorney General. In any case in which the total amount to be recovered may exceed $500,000 (excluding interest), a claim may be compromised and settled under the preceding sentence only with the prior written approval of the Attorney General. ( Pub. L. 101380, title I,  1015 Aug. 18, 1990 104 Stat. 502 Pub. L. 104324, title XI,  1142(d) Oct. 19, 1996 110 Stat. 3991 Pub. L. 108293, title VII,  706 Aug. 9, 2004 118 Stat. 1076 Pub. L. 11591, div. C, title XXXV,  3508(b)(1)(B) Dec. 12, 2017 131 Stat. 1916  Editorial Notes  References in Text This Act, referred to in text, is Pub. L. 101380 Aug. 18, 1990 104 Stat. 484 section 2701 of this title Amendments 2017Subsec. (c). Pub. L. 11591 2004Subsec. (d). Pub. L. 108293 1996Subsecs. (b), (c). Pub. L. 104324  2716. Financial responsibility (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 (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 section 2704(d)(2) of this title (e)  1 1 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 (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 (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 (g) Limitation on guarantors 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. 101380, title I,  1016 Aug. 18, 1990 104 Stat. 502 Pub. L. 10455,  2(d)(2) Nov. 20, 1995 109 Stat. 547 Pub. L. 104324, title XI,  1125(a) Oct. 19, 1996 110 Stat. 3981 Pub. L. 111281, 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. 101380 Aug. 18, 1990 104 Stat. 484 section 2701 of this title The effective date of this Act, referred to in subsec. (h), is the effective date of Pub. L. 101380 Aug. 18, 1990 section 1020 of Pub. L. 101380 section 2701 of this title Codification In subsec. (b)(1),  section 60105 of title 46 Pub. L. 109304,  18(c) Oct. 6, 2006 120 Stat. 1709 section 60105 of Title 46 Amendments 2010Subsec. (a)(3). Pub. L. 111281 1996Subsec. (c)(1). Pub. L. 104324,  1125(a)(1) section 2704(a) of this title Subsec. (f). Pub. L. 104324,  1125(a)(2) section 2702 of this title Subsec. (g). Pub. L. 104324,  1125(a)(3) 1995Subsec. (a). Pub. L. 10455 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Pub. L. 104324, title XI,  1125(b) Oct. 19, 1996 110 Stat. 3983 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 section 1321 of this title  2716a. Financial responsibility civil penalties (a) Administrative Any person who, after notice and an opportunity for a hearing, is found to have failed to comply with the requirements of section 2716 of this title (b) Judicial In addition to, or in lieu of, assessing a penalty under subsection (a), the President may request the Attorney General to secure such relief as necessary to compel compliance with section 2716 of this title ( Pub. L. 101380, title IV,  4303 Aug. 18, 1990 104 Stat. 539 Pub. L. 115232, div. C, title XXXV,  3547(d) Aug. 13, 2018 132 Stat. 2328  Editorial Notes Codification Section was not enacted as part of title I of Pub. L. 101380 Amendments 2018Subsec. (a). Pub. L. 115232,  3547(d)(1) Subsec. (b). Pub. L. 115232,  3547(d)(2) Executive Documents  Delegation of Functions Specific functions of President under this section delegated to Secretary of Department in which Coast Guard is operating and Secretary of the Interior by section 5(b) of Ex. Ord. No. 12777, Oct. 18, 1991 section 1321 of this title  2717. Litigation, jurisdiction, and venue (a) Review of regulations Review of any regulation promulgated under this Act may be had upon application by any interested person only in the Circuit Court of Appeals of the United States for the District of Columbia. Any such application shall be made within 90 days from the date of promulgation of such regulations. Any matter with respect to which review could have been obtained under this subsection shall not be subject to judicial review in any civil or criminal proceeding for enforcement or to obtain damages or recovery of response costs. (b) Jurisdiction Except as provided in subsections (a) and (c), the United States district courts shall have exclusive original jurisdiction over all controversies arising under this Act, without regard to the citizenship of the parties or the amount in controversy. Venue shall lie in any district in which the discharge or injury or damages occurred, or in which the defendant resides, may be found, has its principal office, or has appointed an agent for service of process. For the purposes of this section, the Fund shall reside in the District of Columbia. (c) State court jurisdiction A State trial court of competent jurisdiction over claims for removal costs or damages, as defined under this Act, may consider claims under this Act or State law and any final judgment of such court (when no longer subject to ordinary forms of review) shall be recognized, valid, and enforceable for all purposes of this Act. (d) Assessment and collection of tax The provisions of subsections (a), (b), and (c) shall not apply to any controversy or other matter resulting from the assessment or collection of any tax, or to the review of any regulation promulgated under title 26. (e) Savings provision Nothing in this subchapter shall apply to any cause of action or right of recovery arising from any incident which occurred prior to August 18, 1990 (f) Period of limitations (1) Damages Except as provided in paragraphs (3) and (4), an action for damages under this Act shall be barred unless the action is brought within 3 years after (A) the date on which the loss and the connection of the loss with the discharge in question are reasonably discoverable with the exercise of due care, or (B) in the case of natural resource damages under section 2702(b)(2)(A) of this title section 2706(c) of this title (2) Removal costs An action for recovery of removal costs referred to in section 2702(b)(1) of this title (3) Contribution No action for contribution for any removal costs or damages may be commenced more than 3 years after (A) the date of judgment in any action under this Act for recovery of such costs or damages, or (B) the date of entry of a judicially approved settlement with respect to such costs or damages. (4) Subrogation No action based on rights subrogated pursuant to this Act by reason of payment of a claim may be commenced under this Act more than 3 years after the date of payment of such claim. (5) Commencement The time limitations contained herein 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 such minor, or (B) against an incompetent person until the earlier of the date on which such incompetents incompetency ends or the date on which a legal representative is duly appointed for such incompetent. ( Pub. L. 101380, title I,  1017 Aug. 18, 1990 104 Stat. 504  Editorial Notes  References in Text This Act, referred to in subsecs. (a), (b), (c), and (f), is Pub. L. 101380 Aug. 18, 1990 104 Stat. 484 section 2701 of this title  2718. Relationship to other law (a) Preservation of State authorities; Solid Waste Disposal Act Nothing in this Act or the Act of March 3, 1851 (1) affect, or be construed or interpreted as preempting, the authority of any State or political subdivision thereof from imposing any additional liability or requirements with respect to (A) the discharge of oil or other pollution by oil within such State; or (B) any removal activities in connection with such a discharge; or (2) affect, or be construed or interpreted to affect or modify in any way the obligations or liabilities of any person under the Solid Waste Disposal Act ( 42 U.S.C. 6901 (b) Preservation of State funds Nothing in this Act or in section 9509 of title 26 (1) to establish, or to continue in effect, a fund any purpose of which is to pay for costs or damages arising out of, or directly resulting from, oil pollution or the substantial threat of oil pollution; or (2) to require any person to contribute to such a fund. (c) Additional requirements and liabilities; penalties Nothing in this Act, the Act of March 3, 1851 46 U.S.C. 183 1 1 section 9509 of title 26 (1) to impose additional liability or additional requirements; or (2) to impose, or to determine the amount of, any fine or penalty (whether criminal or civil in nature) for any violation of law; relating to the discharge, or substantial threat of a discharge, of oil. (d) Federal employee liability For purposes of section 2679(b)(2)(B) of title 28 ( Pub. L. 101380, title I,  1018 Aug. 18, 1990 104 Stat. 505  Editorial Notes  References in Text This Act, referred to in text, is Pub. L. 101380 Aug. 18, 1990 104 Stat. 484 section 2701 of this title Act of March 3, 1851 act Mar. 3, 1851, ch. 43 9 Stat. 635 Pub. L. 109304 Oct. 6, 2006 120 Stat. 1509 section 101 of Title 46 The Solid Waste Disposal Act, referred to in subsec. (a)(2), is title II of Pub. L. 89272 Oct. 20, 1965 79 Stat. 997 Pub. L. 94580,  2 Oct. 21, 1976 90 Stat. 2795 section 6901 of Title 42 Statutory Notes and Related Subsidiaries Report on Vessel Safety and Ability To Meet Legal Obligations Pub. L. 102241,  32 Dec. 19, 1991 105 Stat. 2222 Not later than one year after the date of enactment of this Act [ Dec. 19, 1991 Public Law 101380 104 Stat. 484 33 U.S.C. 2718  2719. State financial responsibility  A State may enforce, on the navigable waters of the State, the requirements for evidence of financial responsibility under section 2716 of this title ( Pub. L. 101380, title I,  1019 Aug. 18, 1990 104 Stat. 506  2720. Differentiation among fats, oils, and greases (a) In general Except as provided in subsection (c), in issuing or enforcing any regulation or establishing any interpretation or guideline relating to the transportation, storage, discharge, release, emission, or disposal of a fat, oil, or grease under any Federal law, the head of that Federal agency shall (1) differentiate between and establish separate classes for (A) animal fats and oils and greases, and fish and marine mammal oils, within the meaning of paragraph (2) of section 61(a) of title 13 (B) other oils and greases, including petroleum; and (2) apply standards to different classes of fats and oils based on considerations in subsection (b). (b) Considerations In differentiating between the class of fats, oils, and greases described in subsection (a)(1)(A) and the class of oils and greases described in subsection (a)(1)(B), the head of the Federal agency shall consider differences in the physical, chemical, biological, and other properties, and in the environmental effects, of the classes. (c) Exception The requirements of this Act shall not apply to the Food and Drug Administration and the Food Safety and Inspection Service. ( Pub. L. 10455,  2 Nov. 20, 1995 109 Stat. 546  Editorial Notes  References in Text This Act, referred to in subsec. (c), is Pub. L. 10455 Nov. 20, 1995 109 Stat. 546 section 2701 of this title Codification Section was enacted as part of the Edible Oil Regulatory Reform Act, and not as part of title I of the Oil Pollution Act of 1990 which comprises this subchapter. Section is comprised of section 2 of Pub. L. 10455 section 2 of Pub. L. 10455 Statutory Notes and Related Subsidiaries Regulations Pub. L. 105277, div. A,  101(g) [title III,  343] Oct. 21, 1998 112 Stat. 2681439  (a) None of the funds made available by this Act or subsequent Acts may be used by the Coast Guard to issue, implement, or enforce a regulation or to establish an interpretation or guideline under the Edible Oil Regulatory Reform Act ( Public Law 10455 section 2701 of this title (1) physical, chemical, biological and other relevant properties; and (2) environmental effects. (b) Not later than March 31, 1999 Public Law 10455 [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 section 542 of Title 6 Pub. L. 105276, title III Oct. 21, 1998 112 Stat. 2499 Not later than March 31, 1999 Public Law 10455 section 2701 of this title Public Law 10455 Sense of Congress on Implementation of Regulations Regarding Animal Fats and Vegetable Oils Pub. L. 104324, title XI,  1130 Oct. 19, 1996 110 Stat. 3985 Pub. L. 111207,  4(a)(1) July 27, 2010 124 Stat. 2251 Pub. L. 10455 SUBCHAPTER II PRINCE WILLIAM SOUND PROVISIONS  2731. Oil Spill Recovery Institute (a) Establishment of Institute The Secretary of Commerce shall provide for the establishment of a Prince William Sound Oil Spill Recovery Institute (hereinafter in this section referred to as the Institute) through the Prince William Sound Science and Technology Institute located in Cordova, Alaska. (b) Functions The Institute shall conduct research and carry out educational and demonstration projects designed to (1) identify and develop the best available techniques, equipment, and materials for dealing with oil spills in the arctic and subarctic marine environment; and (2) complement Federal and State damage assessment efforts and determine, document, assess, and understand the long-range effects of Arctic or Subarctic oil spills on the natural resources of Prince William Sound and its adjacent waters (as generally depicted on the map entitled EXXON VALDEZ oil spill dated March 1990), and the environment, the economy, and the lifestyle and well-being of the people who are dependent on them, except that the Institute shall not conduct studies or make recommendations on any matter which is not directly related to Arctic or Subarctic oil spills or the effects thereof. (c) Advisory board (1) In general The policies of the Institute shall be determined by an advisory board, composed of 16 members appointed as follows: (A) One representative appointed by each of the Commissioners of Fish and Game, Environmental Conservation, and Natural Resources of the State of Alaska, all of whom shall be State employees. (B) One representative appointed by each of the Secretaries of Commerce and the Interior and the Commandant of the Coast Guard, who shall be Federal employees. (C) Two representatives from the fishing industry appointed by the Governor of the State of Alaska from among residents of communities in Alaska that were affected by the EXXON VALDEZ oil spill, who shall serve terms of 2 years each. Interested organizations from within the fishing industry may submit the names of qualified individuals for consideration by the Governor. (D) Two Alaska Natives who represent Native entities affected by the EXXON VALDEZ oil spill, at least one of whom represents an entity located in Prince William Sound, appointed by the Governor of Alaska from a list of 4 qualified individuals submitted by the Alaska Federation of Natives, who shall serve terms of 2 years each. (E) Two representatives from the oil and gas industry to be appointed by the Governor of the State of Alaska who shall serve terms of 2 years each. Interested organizations from within the oil and gas industry may submit the names of qualified individuals for consideration by the Governor. (F) Two at-large representatives from among residents of communities in Alaska that were affected by the EXXON VALDEZ oil spill who are knowledgeable about the marine environment and wildlife within Prince William Sound, and who shall serve terms of 2 years each, appointed by the remaining members of the Advisory Board. Interested parties may submit the names of qualified individuals for consideration by the Advisory Board. (G) One nonvoting representative of the Institute of Marine Science. (H) One nonvoting representative appointed by the Prince William Sound Science and Technology Institute. (2) Chairman The representative of the Secretary of Commerce shall serve as Chairman of the Advisory Board. (3) Policies Policies determined by the Advisory Board under this subsection shall include policies for the conduct and support, through contracts and grants awarded on a nationally competitive basis, of research, projects, and studies to be supported by the Institute in accordance with the purposes of this section. (4) Scientific review The Advisory Board may request a scientific review of the research program every five years by the National Academy of Sciences which shall perform the review, if requested, as part of its responsibilities under section 2761(b)(2) of this title (d) Scientific and technical committee (1) In general The Advisory Board shall establish a scientific and technical committee, composed of specialists in matters relating to oil spill containment and cleanup technology, arctic and subarctic marine ecology, and the living resources and socioeconomics of Prince William Sound and its adjacent waters, from the University of Alaska, the Institute of Marine Science, the Prince William Sound Science and Technology Institute, and elsewhere in the academic community. (2) Functions The Scientific and Technical Committee shall provide such advice to the Advisory Board as the Advisory Board shall request, including recommendations regarding the conduct and support of research, projects, and studies in accordance with the purposes of this section. The Advisory Board shall not request, and the Committee shall not provide, any advice which is not directly related to Arctic or Subarctic oil spills or the effects thereof. (e) Director The Institute shall be administered by a Director appointed by the Advisory Board. The Prince William Sound Science and Technology Institute and the Scientific and Technical Committee may each submit independent recommendations for the Advisory Boards consideration for appointment as Director. The Director may hire such staff and incur such expenses on behalf of the Institute as are authorized by the Advisory Board. (f) Evaluation The Secretary of Commerce may conduct an ongoing evaluation of the activities of the Institute to ensure that funds received by the Institute are used in a manner consistent with this section. (g) Audit The Comptroller General of the United States, and any of his or her duly authorized representatives, shall have access, for purposes of audit and examination, to any books, documents, papers, and records of the Institute and its administering agency that are pertinent to the funds received and expended by the Institute and its administering agency. (h) Status of employees Employees of the Institute shall not, by reason of such employment, be considered to be employees of the Federal Government for any purpose. (i) Termination The authorization in section 2736(b) of this title (j) Use of funds No funds made available to carry out this section may be used to initiate litigation. No funds made available to carry out this section may be used for the acquisition of real property (including buildings) or construction of any building. No more than 20 percent of funds made available to carry out this section may be used to lease necessary facilities and to administer the Institute. The Advisory Board may compensate its Federal representatives for their reasonable travel costs. None of the funds authorized by this section shall be used for any purpose other than the functions specified in subsection (b). (k) Research The Institute shall publish and make available to any person upon request the results of all research, educational, and demonstration projects conducted by the Institute. The Administrator shall provide a copy of all research, educational, and demonstration projects conducted by the Institute to the National Oceanic and Atmospheric Administration. (l) Prince William Sound and its adjacent waters defined In this section, the term Prince William Sound and its adjacent waters means such sound and waters as generally depicted on the map entitled EXXON VALDEZ oil spill dated March 1990. ( Pub. L. 101380, title V,  5001 Aug. 18, 1990 104 Stat. 542 Pub. L. 104324, title XI,  1102(a) Oct. 19, 1996 110 Stat. 3964 Pub. L. 107295, title IV,  427 Nov. 25, 2002 116 Stat. 2127 Pub. L. 10958, title III,  389(1) Aug. 8, 2005 119 Stat. 747 Pub. L. 109241, title IX,  902 l July 11, 2006 120 Stat. 568  Editorial Notes Amendments 2006Subsec. (c)(1)(B). Pub. L. 109241 2005Subsec. (i). Pub. L. 10958 September 30, 2012 2002Subsec. (i). Pub. L. 107295 September 30, 2012 October 19, 1996 1996Subsec. (a). Pub. L. 104324,  1102(a)(1) Subsec. (b)(2). Pub. L. 104324,  1102(a)(3) Subsec. (c)(1). Pub. L. 104324,  1102(a)(4) Subsec. (c)(1)(A). Pub. L. 104324,  1102(a)(5) Subsec. (c)(1)(B). Pub. L. 104324,  1102(a)(6) (i) the Secretaries of Commerce, the Interior, Agriculture, Transportation, and the Navy; and (ii) the Administrator of the Environmental Protection Agency; all of whom shall be Federal employees. Subsec. (c)(1)(C). Pub. L. 104324,  1102(a)(6) Subsec. (c)(1)(D). Pub. L. 104324,  1102(a)(6) Subsec. (c)(1)(E) to (H). Pub. L. 104324,  1102(a)(7) Subsec. (c)(4). Pub. L. 104324,  1102(a)(9) Subsec. (d)(2). Pub. L. 104324,  1102(a)(10) Subsec. (e). Pub. L. 104324,  1102(a)(11) Subsec. (i). Pub. L. 104324,  1102(a)(14) section 2736(b) of this title October 19, 1996 August 18, 1990 Subsec. (j). Pub. L. 104324,  1102(a)(16) Statutory Notes and Related Subsidiaries Termination of Advisory Boards Advisory boards established after Jan. 5, 1973  2732. Terminal and tanker oversight and monitoring (a) Short title and findings (1) Short title This section may be cited as the Oil Terminal and Oil Tanker Environmental Oversight and Monitoring Act of 1990. (2) Findings The Congress finds that (A) the March 24, 1989 (B) many people believe that complacency on the part of the industry and government personnel responsible for monitoring the operation of the Valdez terminal and vessel traffic in Prince William Sound was one of the contributing factors to the EXXON VALDEZ oil spill; (C) one way to combat this complacency is to involve local citizens in the process of preparing, adopting, and revising oil spill contingency plans; (D) a mechanism should be established which fosters the long-term partnership of industry, government, and local communities in overseeing compliance with environmental concerns in the operation of crude oil terminals; (E) such a mechanism presently exists at the Sullom Voe terminal in the Shetland Islands and this terminal should serve as a model for others; (F) because of the effective partnership that has developed at Sullom Voe, Sullom Voe is considered the safest terminal in Europe; (G) the present system of regulation and oversight of crude oil terminals in the United States has degenerated into a process of continual mistrust and confrontation; (H) only when local citizens are involved in the process will the trust develop that is necessary to change the present system from confrontation to consensus; (I) a pilot program patterned after Sullom Voe should be established in Alaska to further refine the concepts and relationships involved; and (J) similar programs should eventually be established in other major crude oil terminals in the United States because the recent oil spills in Texas, Delaware, and Rhode Island indicate that the safe transportation of crude oil is a national problem. (b) Demonstration programs (1) Establishment There are established 2 Oil Terminal and Oil Tanker Environmental Oversight and Monitoring Demonstration Programs (hereinafter referred to as Programs) to be carried out in the State of Alaska. (2) Advisory function The function of these Programs shall be advisory only. (3) Purpose The Prince William Sound Program shall be responsible for environmental monitoring of the terminal facilities in Prince William Sound and the crude oil tankers operating in Prince William Sound. The Cook Inlet Program shall be responsible for environmental monitoring of the terminal facilities and crude oil tankers operating in Cook Inlet located South of the latitude at Point Possession and North of the latitude at Amatuli Island, including offshore facilities in Cook Inlet. (4) Suits barred No program, association, council, committee or other organization created by this section may sue any person or entity, public or private, concerning any matter arising under this section except for the performance of contracts. (c) Oil Terminal Facilities and Oil Tanker Operations Association (1) Establishment There is established an Oil Terminal Facilities and Oil Tanker Operations Association (hereinafter in this section referred to as the Association) for each of the Programs established under subsection (b). (2) Membership Each Association shall be comprised of 4 individuals as follows: (A) One individual shall be designated by the owners and operators of the terminal facilities and shall represent those owners and operators. (B) One individual shall be designated by the owners and operators of the crude oil tankers calling at the terminal facilities and shall represent those owners and operators. (C) One individual shall be an employee of the State of Alaska, shall be designated by the Governor of the State of Alaska, and shall represent the State government. (D) One individual shall be an employee of the Federal Government, shall be designated by the President, and shall represent the Federal Government. (3) Responsibilities Each Association shall be responsible for reviewing policies relating to the operation and maintenance of the oil terminal facilities and crude oil tankers which affect or may affect the environment in the vicinity of their respective terminals. Each Association shall provide a forum among the owners and operators of the terminal facilities, the owners and operators of crude oil tankers calling at those facilities, the United States, and the State of Alaska to discuss and to make recommendations concerning all permits, plans, and site-specific regulations governing the activities and actions of the terminal facilities which affect or may affect the environment in the vicinity of the terminal facilities and of crude oil tankers calling at those facilities. (4) Designation of existing organization The Secretary may designate an existing nonprofit organization as an Association under this subsection if the organization is organized to meet the purposes of this section and consists of at least the individuals listed in paragraph (2). (d) Regional Citizens Advisory Councils (1) Membership There is established a Regional Citizens Advisory Council (hereinafter in this section referred to as the Council) for each of the programs established by subsection (b). (2) Membership Each Council shall be composed of voting members and nonvoting members, as follows: (A) Voting members Voting members shall be Alaska residents and, except as provided in clause (vii) of this paragraph, shall be appointed by the Governor of the State of Alaska from a list of nominees provided by each of the following interests, with one representative appointed to represent each of the following interests, taking into consideration the need for regional balance on the Council: (i) Local commercial fishing industry organizations, the members of which depend on the fisheries resources of the waters in the vicinity of the terminal facilities. (ii) Aquaculture associations in the vicinity of the terminal facilities. (iii) Alaska Native Corporations and other Alaska Native organizations the members of which reside in the vicinity of the terminal facilities. (iv) Environmental organizations the members of which reside in the vicinity of the terminal facilities. (v) Recreational organizations the members of which reside in or use the vicinity of the terminal facilities. (vi) The Alaska State Chamber of Commerce, to represent the locally based tourist industry. (vii) (I) For the Prince William Sound Terminal Facilities Council, one representative selected by each of the following municipalities: Cordova, Whittier, Seward, Valdez, Kodiak, the Kodiak Island Borough, and the Kenai Peninsula Borough. (II) For the Cook Inlet Terminal Facilities Council, one representative selected by each of the following municipalities: Homer, Seldovia, Anchorage, Kenai, Kodiak, the Kodiak Island Borough, and the Kenai Peninsula Borough. (B) Nonvoting members One ex-officio, nonvoting representative shall be designated by, and represent, each of the following: (i) The Environmental Protection Agency. (ii) The Coast Guard. (iii) The National Oceanic and Atmospheric Administration. (iv) The United States Forest Service. (v) The Bureau of Land Management. (vi) The Alaska Department of Environmental Conservation. (vii) The Alaska Department of Fish and Game. (viii) The Alaska Department of Natural Resources. (ix) The Division of Emergency Services, Alaska Department of Military and Veterans Affairs. (3) Terms (A) Duration of Councils The term of the Councils shall continue throughout the life of the operation of the Trans-Alaska Pipeline System and so long as oil is transported to or from Cook Inlet. (B) Three years The voting members of each Council shall be appointed for a term of 3 years except as provided for in subparagraph (C). (C) Initial appointments The terms of the first appointments shall be as follows: (i) For the appointments by the Governor of the State of Alaska, one-third shall serve for 3 years, one-third shall serve for 2 years, and one-third shall serve for one year. (ii) For the representatives of municipalities required by subsection (d)(2)(A)(vii), a drawing of lots among the appointees shall determine that one-third of that group serves for 3 years, one-third serves for 2 years, and the remainder serves for 1 year. (4) Self-governing Each Council shall elect its own chairperson, select its own staff, and make policies with regard to its internal operating procedures. After the initial organizational meeting called by the Secretary under subsection (i), each Council shall be self-governing. (5) Dual membership and conflicts of interest prohibited (A) No individual selected as a member of the Council shall serve on the Association. (B) No individual selected as a voting member of the Council shall be engaged in any activity which might conflict with such individual carrying out his functions as a member thereof. (6) Duties Each Council shall (A) provide advice and recommendations to the Association on policies, permits, and site-specific regulations relating to the operation and maintenance of terminal facilities and crude oil tankers which affect or may affect the environment in the vicinity of the terminal facilities; (B) monitor through the committee established under subsection (e), the environmental impacts of the operation of the terminal facilities and crude oil tankers; (C) monitor those aspects of terminal facilities and crude oil tankers operations and maintenance which affect or may affect the environment in the vicinity of the terminal facilities; (D) review through the committee established under subsection (f), the adequacy of oil spill prevention and contingency plans for the terminal facilities and the adequacy of oil spill prevention and contingency plans for crude oil tankers, operating in Prince William Sound or in Cook Inlet; (E) provide advice and recommendations to the Association on port operations, policies and practices; (F) recommend to the Association (i) standards and stipulations for permits and site-specific regulations intended to minimize the impact of the terminal facilities and crude oil tankers operations in the vicinity of the terminal facilities; (ii) modifications of terminal facility operations and maintenance intended to minimize the risk and mitigate the impact of terminal facilities, operations in the vicinity of the terminal facilities and to minimize the risk of oil spills; (iii) modifications of crude oil tanker operations and maintenance in Prince William Sound and Cook Inlet intended to minimize the risk and mitigate the impact of oil spills; and (iv) modifications to the oil spill prevention and contingency plans for terminal facilities and for crude oil tankers in Prince William Sound and Cook Inlet intended to enhance the ability to prevent and respond to an oil spill; and (G) create additional committees of the Council as necessary to carry out the above functions, including a scientific and technical advisory committee to the Prince William Sound Council. (7) No estoppel No Council shall be held liable under State or Federal law for costs or damages as a result of rendering advice under this section. Nor shall any advice given by a voting member of a Council, or program representative or agent, be grounds for estopping the interests represented by the voting Council members from seeking damages or other appropriate relief. (8) Scientific work In carrying out its research, development and monitoring functions, each Council is authorized to conduct its own scientific research and shall review the scientific work undertaken by or on behalf of the terminal operators or crude oil tanker operators as a result of a legal requirement to undertake that work. Each Council shall also review the relevant scientific work undertaken by or on behalf of any government entity relating to the terminal facilities or crude oil tankers. To the extent possible, to avoid unnecessary duplication, each Council shall coordinate its independent scientific work with the scientific work performed by or on behalf of the terminal operators and with the scientific work performed by or on behalf of the operators of the crude oil tankers. (e) Committee for Terminal and Oil Tanker Operations and Environmental Monitoring (1) Monitoring Committee Each Council shall establish a standing Terminal and Oil Tanker Operations and Environmental Monitoring Committee (hereinafter in this section referred to as the Monitoring Committee) to devise and manage a comprehensive program of monitoring the environmental impacts of the operations of terminal facilities and of crude oil tankers while operating in Prince William Sound and Cook Inlet. The membership of the Monitoring Committee shall be made up of members of the Council, citizens, and recognized scientific experts selected by the Council. (2) Duties In fulfilling its responsibilities, the Monitoring Committee shall (A) advise the Council on a monitoring strategy that will permit early detection of environmental impacts of terminal facility operations and crude oil tanker operations while in Prince William Sound and Cook Inlet; (B) develop monitoring programs and make recommendations to the Council on the implementation of those programs; (C) at its discretion, select and contract with universities and other scientific institutions to carry out specific monitoring projects authorized by the Council pursuant to an approved monitoring strategy; (D) complete any other tasks assigned by the Council; and (E) provide written reports to the Council which interpret and assess the results of all monitoring programs. (f) Committee for Oil Spill Prevention, Safety, and Emergency Response (1) Technical Oil Spill Committee Each Council shall establish a standing technical committee (hereinafter referred to as Oil Spill Committee) to review and assess measures designed to prevent oil spills and the planning and preparedness for responding to, containing, cleaning up, and mitigating impacts of oil spills. The membership of the Oil Spill Committee shall be made up of members of the Council, citizens, and recognized technical experts selected by the Council. (2) Duties In fulfilling its responsibilities, the Oil Spill Committee shall (A) periodically review the respective oil spill prevention and contingency plans for the terminal facilities and for the crude oil tankers while in Prince William Sound or Cook Inlet, in light of new technological developments and changed circumstances; (B) monitor periodic drills and testing of the oil spill contingency plans for the terminal facilities and for crude oil tankers while in Prince William Sound and Cook Inlet; (C) study wind and water currents and other environmental factors in the vicinity of the terminal facilities which may affect the ability to prevent, respond to, contain, and clean up an oil spill; (D) identify highly sensitive areas which may require specific protective measures in the event of a spill in Prince William Sound or Cook Inlet; (E) monitor developments in oil spill prevention, containment, response, and cleanup technology; (F) periodically review port organization, operations, incidents, and the adequacy and maintenance of vessel traffic service systems designed to assure safe transit of crude oil tankers pertinent to terminal operations; (G) periodically review the standards for tankers bound for, loading at, exiting from, or otherwise using the terminal facilities; (H) complete any other tasks assigned by the Council; and (I) provide written reports to the Council outlining its findings and recommendations. (g) Agency cooperation On and after the expiration of the 180-day period following August 18, 1990 (h) Recommendations of Council In the event that the Association does not adopt, or significantly modifies before adoption, any recommendation of the Council made pursuant to the authority granted to the Council in subsection (d), the Association shall provide to the Council, in writing, within 5 days of its decision, notice of its decision and a written statement of reasons for its rejection or significant modification of the recommendation. (i) Administrative actions Appointments, designations, and selections of individuals to serve as members of the Associations and Councils under this section shall be submitted to the Secretary prior to the expiration of the 120-day period following August 18, 1990 August 18, 1990 (j) Location and compensation (1) Location Each Association and Council established by this section shall be located in the State of Alaska. (2) Compensation No member of an Association or Council shall be compensated for the members services as a member of the Association or Council, but shall be allowed travel expenses, including per diem in lieu of subsistence, at a rate established by the Association or Council not to exceed the rates authorized for employees of agencies under sections 5702 and 5703 of title 5. However, each Council may enter into contracts to provide compensation and expenses to members of the committees created under subsections (d), (e), and (f). (k) Funding (1) Requirement Approval of the contingency plans required of owners and operators of the Cook Inlet and Prince William Sound terminal facilities and crude oil tankers while operating in Alaskan waters in commerce with those terminal facilities shall be effective only so long as the respective Association and Council for a facility are funded pursuant to paragraph (2). (2) Prince William Sound Program The owners or operators of terminal facilities or crude oil tankers operating in Prince William Sound shall provide, on an annual basis, an aggregate amount of not more than $2,000,000, as determined by the Secretary. Such amount (A) shall provide for the establishment and operation on the environmental oversight and monitoring program in Prince William Sound; (B) shall be adjusted annually by the Anchorage Consumer Price Index; and (C) may be adjusted periodically upon the mutual consent of the owners or operators of terminal facilities or crude oil tankers operating in Prince William Sound and the Prince William Sound terminal facilities Council. (3) Cook Inlet Program The owners or operators of terminal facilities, offshore facilities, or crude oil tankers operating in Cook Inlet shall provide, on an annual basis, an aggregate amount of not less than $1,400,000, as determined by the Secretary. Such amount (A) shall provide for the establishment and operation of the environmental oversight and monitoring program in Cook Inlet; (B) shall be adjusted annually by the Anchorage Consumer Price Index; and (C) may be adjusted periodically upon the mutual consent of the owners or operators of terminal facilities, offshore facilities, or crude oil tankers operating in Cook Inlet and the Cook Inlet Council. (l) Reports (1) Associations and Councils Prior to the expiration of the 36-month period following August 18, 1990 (2) GAO Prior to the expiration of the 36-month period following August 18, 1990 (m) Definitions As used in this section, the term (1) terminal facilities means (A) in the case of the Prince William Sound Program, the entire oil terminal complex located in Valdez, Alaska, consisting of approximately 1,000 acres including all buildings, docks (except docks owned by the City of Valdez if those docks are not used for loading of crude oil), pipes, piping, roads, ponds, tanks, crude oil tankers only while at the terminal dock, tanker escorts owned or operated by the operator of the terminal, vehicles, and other facilities associated with, and necessary for, assisting tanker movement of crude oil into and out of the oil terminal complex; and (B) in the case of the Cook Inlet Program, the entire oil terminal complex including all buildings, docks, pipes, piping, roads, ponds, tanks, vessels, vehicles, crude oil tankers only while at the terminal dock, tanker escorts owned or operated by the operator of the terminal, emergency spill response vessels owned or operated by the operator of the terminal, and other facilities associated with, and necessary for, assisting tanker movement of crude oil into and out of the oil terminal complex; (2) crude oil tanker means a tanker (as that term is defined under section 2101 of title 46 (A) in the case of the Prince William Sound Program, calling at the terminal facilities for the purpose of receiving and transporting oil to refineries, operating north of Middleston Island and bound for or exiting from Prince William Sound; and (B) in the case of the Cook Inlet Program, calling at the terminal facilities for the purpose of receiving and transporting oil to refineries and operating in Cook Inlet and the Gulf of Alaska north of Amatuli Island, including tankers transiting to Cook Inlet from Prince William Sound; (3) vicinity of the terminal facilities means that geographical area surrounding the environment of terminal facilities which is directly affected or may be directly affected by the operation of the terminal facilities; and (4) Secretary means the Secretary of the department in which the Coast Guard is operating. (n) Savings clause (1) Regulatory authority Nothing in this section shall be construed as modifying, repealing, superseding, or preempting any municipal, State or Federal law or regulation, or in any way affecting litigation arising from oil spills or the rights and responsibilities of the United States or the State of Alaska, or municipalities thereof, to preserve and protect the environment through regulation of land, air, and water uses, of safety, and of related development. The monitoring provided for by this section shall be designed to help assure compliance with applicable laws and regulations and shall only extend to activities (A) that would affect or have the potential to affect the vicinity of the terminal facilities and the area of crude oil tanker operations included in the Programs; and (B) are subject to the United States or State of Alaska, or municipality thereof, law, regulation, or other legal requirement. (2) Recommendations This subsection is not intended to prevent the Association or Council from recommending to appropriate authorities that existing legal requirements should be modified or that new legal requirements should be adopted. (o) Alternative voluntary advisory group in lieu of Council The requirements of subsections (c) through ( l (1) Prince William Sound With respect to the Prince William Sound Program, the Alyeska Pipeline Service Company or any of its owner companies enters into a contract for the duration of the operation of the Trans-Alaska Pipeline System with the Alyeska Citizens Advisory Committee in existence on August 18, 1990 (2) Cook Inlet With respect to the Cook Inlet Program, the terminal facilities, offshore facilities, or crude oil tanker owners and operators enter into a contract with a voluntary advisory organization to fund that organization on an annual basis and the President annually certifies that the organization fosters the general goals and purposes of this section and is broadly representative of the communities and interests in the vicinity of the terminal facilities and Cook Inlet. ( Pub. L. 101380, title V,  5002 Aug. 18, 1990 104 Stat. 544 Pub. L. 109241, title IX,  902 l July 11, 2006 120 Stat. 568 Pub. L. 113281, title III,  318 Dec. 18, 2014 128 Stat. 3051 Pub. L. 115232, div. C, title XXXV,  3547(e) Aug. 13, 2018 132 Stat. 2328  Editorial Notes Amendments 2018Subsec. ( l Pub. L. 115232 2014Subsec. (k)(3). Pub. L. 113281 2006Subsec. (m)(4). Pub. L. 109241 Executive Documents  Delegation of Functions Functions of President under subsecs. (c)(2)(D) and ( o Oct. 18, 1991 section 1321 of this title  Prince William Sound Regional Citizens Advisory Committee Certification of President of the United States, Mar. 21, 1991 By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 5002( o Public Law 101380 104 Stat. 552 33 U.S.C. 2732 o (1) that the Prince William Sound Regional Citizens Advisory Committee fosters the general goals and purposes of section 5002 of the Oil Pollution Act of 1990 for the year 1991; and (2) that the Prince William Sound Regional Citizens Advisory Committee is broadly representative of the communities and interests in the vicinity of the terminal facilities and Prince William Sound. This certification shall be published in the Federal Register.  George Bush.  Cook Inlet Regional Citizens Advisory Council Certification of President of the United States, Aug. 6, 1991 By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 5002( o 33 U.S.C. 2732 o (1) that the Cook Inlet Regional Citizens Advisory Council has met the general goals and purposes of section 5002 of the Oil Pollution Act of 1990 for the year 1991; and (2) that the Cook Inlet Regional Citizens Advisory Council is broadly representative of the communities and interests in the vicinity of the terminal facilities and offshore facilities in Cook Inlet. This certification shall be published in the Federal Register.  George Bush.  2733. Bligh Reef light  The Secretary of Transportation shall within one year after August 18, 1990 ( Pub. L. 101380, title V,  5003 Aug. 18, 1990 104 Stat. 553  2734. Vessel traffic service system The Secretary of Transportation shall within one year after August 18, 1990 (1) acquire, install, and operate such additional equipment (which may consist of radar, closed circuit television, satellite tracking systems, or other shipboard dependent surveillance), train and locate such personnel, and issue such final regulations as are necessary to increase the range of the existing VTS system in the Port of Valdez, Alaska, sufficiently to track the locations and movements of tank vessels carrying oil from the Trans-Alaska Pipeline when such vessels are transiting Prince William Sound, Alaska, and to sound an audible alarm when such tankers depart from designated navigation routes; and (2) submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the feasibility and desirability of instituting positive control of tank vessel movements in Prince William Sound by Coast Guard personnel using the Port of Valdez, Alaska, VTS system, as modified pursuant to paragraph (1). ( Pub. L. 101380, title V,  5004 Aug. 18, 1990 104 Stat. 553 Pub. L. 107295, title IV,  408(b)(2) Nov. 25, 2002 116 Stat. 2117  Editorial Notes Amendments 2002Par. (2). Pub. L. 107295 Statutory Notes and Related Subsidiaries  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 section 542 of Title 6  2735. Equipment and personnel requirements under tank vessel and facility response plans (a) In general In addition to the requirements for response plans for vessels established by section 1321(j) of this title 43 U.S.C. 1651 (1) prepositioned oil spill containment and removal equipment in communities and other strategic locations within the geographic boundaries of Prince William Sound, including escort vessels with skimming capability; barges to receive recovered oil; heavy duty sea boom, pumping, transferring, and lightering equipment; and other appropriate removal equipment for the protection of the environment, including fish hatcheries; (2) the establishment of an oil spill removal organization at appropriate locations in Prince William Sound, consisting of trained personnel in sufficient numbers to immediately remove, to the maximum extent practicable, a worst case discharge or a discharge of 200,000 barrels of oil, whichever is greater; (3) training in oil removal techniques for local residents and individuals engaged in the cultivation or production of fish or fish products in Prince William Sound; (4) practice exercises not less than 2 times per year which test the capacity of the equipment and personnel required under this paragraph; and (5) periodic testing and certification of equipment required under this paragraph, as required by the Secretary. (b) Definitions In this section (1) the term Prince William Sound means all State and Federal waters within Prince William Sound, Alaska, including the approach to Hinchenbrook Entrance out to and encompassing Seal Rocks; and (2) the term worst case discharge means (A) in the case of a vessel, a discharge in adverse weather conditions of its entire cargo; and (B) in the case of a facility, the largest foreseeable discharge in adverse weather conditions. ( Pub. L. 101380, title V,  5005 Aug. 18, 1990 104 Stat. 553 Pub. L. 102388, title III,  354 Oct. 6, 1992 106 Stat. 1555  Editorial Notes  References in Text The Trans-Alaska Pipeline Authorization Act, referred to in subsec. (a), is title II of Pub. L. 93153 Nov. 16, 1973 87 Stat. 584 section 1651 of Title 43 Amendments 1992Subsec. (a). Pub. L. 102388 43 U.S.C. 1651 43 U.S.C. 1651  2736. Funding (a) Sections 2731, 2733, and 2734 Amounts in the Fund shall be available, without further appropriations and without fiscal year limitation, to carry out section 2731 of this title (b) Use of interest only The amount of funding to be made available annually to carry out section 2731 of this title October 19, 1996 (c) Use for section 2712 Beginning 1 year after the date on which the Secretary, in consultation with the Secretary of the Interior, determines that oil and gas exploration, development, and production in the State of Alaska have ceased, the funding authorized for the Prince William Sound Oil Spill Recovery Institute and deposited in the Fund shall thereafter be made available for purposes of section 2712 of this title (d) Section 2738 Amounts in the Fund shall be available, without further appropriation and without fiscal year limitation, to carry out section 2738(b) of this title section 2738(b)(2) of this title Provided 2 U.S.C. 901(b)(2)(A) Provided further ( Pub. L. 101380, title V,  5006 Aug. 18, 1990 104 Stat. 554 Pub. L. 104324, title XI,  1102(b) Oct. 19, 1996 110 Stat. 3965 Pub. L. 106246, div. B, title II,  2204(2) July 13, 2000 114 Stat. 547 Pub. L. 106554,  1(a)(4) [div. B, title I,  144(c)(1)(C)] Dec. 21, 2000 114 Stat. 2763 Pub. L. 108293, title VII,  704 Aug. 9, 2004 118 Stat. 1075 Pub. L. 10958, title III,  389(2) Aug. 8, 2005 119 Stat. 747 Pub. L. 10959, title IV,  4413 Aug. 10, 2005 119 Stat. 1779 Pub. L. 109241, title IX,  901(j) July 11, 2006 120 Stat. 564  Editorial Notes  References in Text Section 8102(a)(2)(B)(ii), referred to in subsec. (b), is section 8102(a)(2)(B)(ii) of Pub. L. 101380 Aug. 18, 1990 104 Stat. 565 section 1653 of Title 43 The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (d), is title II of Pub. L. 99177 Dec. 12, 1985 99 Stat. 1038 section 911 of Title 42 section 661 of Title 2 section 900 of Title 2 section 911 of Title 42 section 621 of Title 2 section 900 of Title 2 Amendments 2006Subsec. (c). Pub. L. 109241 October 1, 2012 October 1, 2012 Pub. L. 10958 2005Subsec. (c). Pub. L. 10958 October 1, 2012 Subsec. (d). Pub. L. 10959 2004Subsecs. (c), (d). Pub. L. 108293 October 1, 2012 October 19, 1996 2000Subsec. (c). Pub. L. 106554 section 2738(b)(2) of this title Pub. L. 106246 1996Subsec. (a). Pub. L. 104324,  1102(b)(1) section 2731 of this title section 2731 of this title (1) $5,000,000 shall be available for the first fiscal year beginning after August 18, 1990 (2) $2,000,000 shall be available for each of the 9 fiscal years following the fiscal year described in paragraph (1). Subsecs. (b), (c). Pub. L. 104324,  1102(b)(4) Statutory Notes and Related Subsidiaries Investment Amount Pub. L. 112213, title VII,  710 Dec. 20, 2012 126 Stat. 1581 Not later than 30 days after the date of enactment of this Act [ Dec. 20, 2012 33 U.S.C. 2736(b)  2737. Limitation  Notwithstanding any other law, tank vessels that have spilled more than 1,000,000 gallons of oil into the marine environment after March 22, 1989 ( Pub. L. 101380, title V,  5007 Aug. 18, 1990 104 Stat. 554  2738. North Pacific Marine Research Institute (a) Institute established The Secretary of Commerce shall establish a North Pacific Marine Research Institute (hereafter in this section referred to as the Institute) to be administered at the Alaska SeaLife Center by the North Pacific Research Board. (b) Functions The Institute shall (1) conduct research and carry out education and demonstration projects on or relating to the North Pacific marine ecosystem with particular emphasis on marine mammal, sea bird, fish, and shellfish populations in the Bering Sea and Gulf of Alaska including populations located in or near Kenai Fjords National Park and the Alaska Maritime National Wildlife Refuge; and (2) lease, maintain, operate, and upgrade the necessary research equipment and related facilities necessary to conduct such research at the Alaska SeaLife Center. (c) Evaluation and audit The Secretary of Commerce may periodically evaluate the activities of the Institute to ensure that funds received by the Institute are used in a manner consistent with this section. Chapter 10 of title 5 shall not apply to the Institute. (d) Status of employees Employees of the Institute shall not, by reason of such employment, be considered to be employees of the Federal Government for any purpose. (e) Use of funds No funds made available to carry out this section may be used to initiate litigation, or for the acquisition of real property (other than facilities leased at the Alaska SeaLife Center). No more than 10 percent of the funds made available to carry out subsection (b)(1) may be used to administer the Institute. The administrative funds of the Institute and the administrative funds of the North Pacific Research Board created under Public Law 10583 (f) Availability of research The Institute shall publish and make available to any person on request the results of all research, educational, and demonstration projects conducted by the Institute. The Institute shall provide a copy of all research, educational, and demonstration projects conducted by the Institute to the National Park Service, the United States Fish and Wildlife Service, and the National Oceanic and Atmospheric Administration. ( Pub. L. 101380, title V,  5008 Pub. L. 106246, div. B, title II,  2204(1) July 13, 2000 114 Stat. 546 Pub. L. 106554,  1(a)(4) [div. B, title I,  144(c)(1)(A), (B)] Dec. 21, 2000 114 Stat. 2763 Pub. L. 117286,  4(a)(205) Dec. 27, 2022 136 Stat. 4328  Editorial Notes  References in Text Public Law 10583 Pub. L. 10583 Nov. 14, 1997 111 Stat. 1543 Amendments 2022Subsec. (c). Pub. L. 117286 2000Subsec. (c). Pub. L. 106554,  1(a)(4) [div. B, title I,  144(c)(1)(A)] Subsec. (e). Pub. L. 106554,  1(a)(4) [div. B, title I,  144(c)(1)(B)] Public Law 10583 SUBCHAPTER III MISCELLANEOUS  2751. Savings provision (a) Cross-references A reference to a law replaced by this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision of this Act. (b) Continuation of regulations An order, rule, or regulation in effect under a law replaced by this Act continues in effect under the corresponding provision of this Act until repealed, amended, or superseded. (c) Rule of construction An inference of legislative construction shall not be drawn by reason of the caption or catch line of a provision enacted by this Act. (d) Actions and rights Nothing in this Act shall apply to any rights and duties that matured, penalties that were incurred, and proceedings that were begun before August 18, 1990 August 18, 1990 (e) Admiralty and maritime law Except as otherwise provided in this Act, this Act does not affect (1) admiralty and maritime law; or (2) the jurisdiction of the district courts of the United States with respect to civil actions under admiralty and maritime jurisdiction, saving to suitors in all cases all other remedies to which they are otherwise entitled. ( Pub. L. 101380, title VI,  6001 Aug. 18, 1990 104 Stat. 554  Editorial Notes  References in Text This Act, referred to in text, is Pub. L. 101380 Aug. 18, 1990 104 Stat. 484 section 2701 of this title  2752. Annual appropriations (a) Required Except as provided in subsection (b), amounts in the Fund shall be available only as provided in annual appropriation Acts. (b) Exceptions (1) In general Subsection (a) shall not apply to (A) section 2706(f), 2712(a)(4), or 2736 of this title; or (B) an amount, which may not exceed $50,000,000 in any fiscal year, made available by the President from the Fund (i) to carry out section 1321(c) of this title (ii) to initiate the assessment of natural resources damages required under section 2706 of this title (2) Fund advances (A) In general To the extent that the amount described in subparagraph (B) of paragraph (1) is not adequate to carry out the activities described in such subparagraph, the Coast Guard may obtain 1 or more advances from the Fund as may be necessary, up to a maximum of $100,000,000 for each advance, with the total amount of advances not to exceed the amounts available under section 9509(c)(2) of title 26 (B) Notification to Congress Not later than 30 days after the date on which the Coast Guard obtains an advance under subparagraph (A), the Coast Guard shall notify Congress of (i) the amount advanced; and (ii) the facts and circumstances that necessitated the advance. (C) Repayment Amounts advanced under this paragraph shall be repaid to the Fund when, and to the extent that, removal costs are recovered by the Coast Guard from responsible parties for the discharge or substantial threat of discharge. (3) Availability Amounts to which this subsection applies shall remain available until expended. ( Pub. L. 101380, title VI,  6002 Aug. 18, 1990 104 Stat. 555 Pub. L. 104324, title XI,  1102(c)(1) Oct. 19, 1996 110 Stat. 3966 Pub. L. 107295, title III,  323 Nov. 25, 2002 116 Stat. 2104 Pub. L. 111191,  1 June 15, 2010 124 Stat. 1278 Pub. L. 111212, title II,  2001 July 29, 2010 124 Stat. 2337 Pub. L. 117263, div. K, title CXIII,  11313 Dec. 23, 2022 136 Stat. 4086  Editorial Notes Amendments 2022Subsec. (b). Pub. L. 117263 2010Subsec. (b). Pub. L. 111212 26 U.S.C. 9509(c)(2) Pub. L. 111191 Pub. L. 111191 section 9509(c)(2) of title 26 2002Subsec. (b). Pub. L. 107295 1996Subsec. (b). Pub. L. 104324 Statutory Notes and Related Subsidiaries  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 section 542 of Title 6 Executive Documents  Delegation of Functions Functions of President under subsec. (b) of this section delegated to Secretary of Department in which Coast Guard is operating by section 7(a)(1)(B) of Ex. Ord. No. 12777, Oct. 18, 1991 section 1321 of this title  2753. Repealed. Pub. L. 104134, title I,  101(c) [title I,  109] Apr. 26, 1996 110 Stat. 1321156 Pub. L. 104140,  1(a) May 2, 1996 110 Stat. 1327   Section, Pub. L. 101380, title VI,  6003 Aug. 18, 1990 104 Stat. 555 SUBCHAPTER IV OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM  2761. Oil pollution research and development program (a) Definitions In this section (1) the term Chair means the Chairperson of the Interagency Committee designated under subsection (c)(2); (2) the term Commandant means the Commandant of the Coast Guard; (3) the term institution of higher education means an institution of higher education, as defined in section 1001(a) of title 20 (4) the term Interagency Committee means the Interagency Coordinating Committee on Oil Pollution Research established under subsection (b); (5) the term Under Secretary means the Under Secretary of Commerce for Oceans and Atmosphere; and (6) the term Vice Chair means the Vice Chairperson of the Interagency Committee designated under subsection (c)(3). (b) Establishment of Interagency Coordinating Committee on Oil Pollution Research (1) Establishment There is established an Interagency Coordinating Committee on Oil Pollution Research. (2) Purpose The Interagency Committee shall coordinate a comprehensive program of oil pollution research, technology development, and demonstration among the Federal agencies, in cooperation and coordination with industry, 4-year institutions of higher education and research institutions, State governments, and other nations, as appropriate, and shall foster cost-effective research mechanisms, including the joint funding of research. (c) Membership (1) Composition The Interagency Committee shall be composed of (A) at least 1 representative of the Coast Guard; (B) at least 1 representative of the National Oceanic and Atmospheric Administration; (C) at least 1 representative of the Environmental Protection Agency; (D) at least 1 representative of the Department of the Interior; (E) at least 1 representative of the Bureau of Safety and Environmental Enforcement; (F) at least 1 representative of the Bureau of Ocean Energy Management; (G) at least 1 representative of the United States Fish and Wildlife Service; (H) at least 1 representative of the Department of Energy; (I) at least 1 representative of the Pipeline and Hazardous Materials Safety Administration; (J) at least 1 representative of the Federal Emergency Management Agency; (K) at least 1 representative of the Navy; (L) at least 1 representative of the Corps of Engineers; (M) at least 1 representative of the United States Arctic Research Commission; and (N) at least 1 representative of each of such other Federal agencies as the President considers to be appropriate. (2) Chairperson The Commandant shall designate a Chairperson from among the members of the Interagency Committee selected under paragraph (1)(A). (3) Vice Chairperson The Under Secretary shall designate a Vice Chairperson from among the members of the Interagency Committee selected under paragraph (1)(B). (4) Meetings (A) Quarterly meetings At a minimum, the members of the Interagency Committee shall meet once each quarter. (B) Public summaries After each meeting, a summary shall be made available by the Chair or Vice Chair, as appropriate. (d) Duties of the Interagency Committee (1) Research The Interagency Committee shall (A) coordinate a comprehensive program of oil pollution research, technology development, and demonstration among the Federal agencies, in cooperation and coordination with industry, 4-year institutions of higher education and research institutions, States, Indian tribes, and other countries, as appropriate; and (B) foster cost-effective research mechanisms, including the joint funding of research and the development of public-private partnerships for the purpose of expanding research. (2) Oil pollution research and technology plan (A) Implementation plan Not later than 180 days after January 1, 2021 (i) identifies current research programs conducted by Federal agencies, States, Indian tribes, 4-year institutions of higher education, and corporate entities; (ii) assesses the current status of knowledge on oil pollution prevention, response, and mitigation technologies and effects of oil pollution on the environment; (iii) identifies significant oil pollution research gaps, including an assessment of major technological deficiencies in responses to past oil discharges; (iv) establishes national research priorities and goals for oil pollution technology development related to prevention, response, mitigation, and environmental effects; (v) assesses the research on the applicability and effectiveness of the prevention, response, and mitigation technologies to each class of oil; (vi) estimates the resources needed to conduct the oil pollution research and development program established pursuant to subsection (e), and timetables for completing research tasks; (vii) summarizes research on response equipment in varying environmental conditions, such as in currents, ice cover, and ice floes; and (viii) includes such other information or recommendations as the Interagency Committee determines to be appropriate. (B) Advice and guidance (i) National Academy of Sciences contract The Chair, through the department in which the Coast Guard is operating, shall contract with the National Academy of Sciences to (I) provide advice and guidance in the preparation and development of the research plan; (II) assess the adequacy of the plan as submitted, and submit a report to Congress on the conclusions of such assessment; and (III) provide organization guidance regarding the implementation of the research plan, including delegation of topics and research among Federal agencies represented on the Interagency Committee. (ii) NIST advice and guidance The National Institute of Standards and Technology shall provide the Interagency Committee with advice and guidance on issues relating to quality assurance and standards measurements relating to its activities under this section. (C) 10-year updates Not later than 10 years after January 1, 2021 (e) Oil pollution research and development program (1) Establishment The Interagency Committee shall coordinate the establishment, by the agencies represented on the Interagency Committee, of a program for conducting oil pollution research, technology, and development, as provided in this subsection. (2) Innovative oil pollution technology The program established under paragraph (1) shall provide for research, development, and demonstration of new or improved technologies and methods that are effective in preventing, mitigating, or restoring damage from oil discharges and that protect the environment, including (A) development of improved designs for vessels and facilities, and improved operational practices; (B) research, development, and demonstration of improved technologies to measure the ullage of a vessel tank, prevent discharges from tank vents, prevent discharges during lightering and bunkering operations, contain discharges on the deck of a vessel, prevent discharges through the use of vacuums in tanks, and otherwise contain discharges of oil from vessels and facilities; (C) research, development, and demonstration of new or improved systems of mechanical, chemical, biological, and other methods (including the use of dispersants, solvents, and bioremediation) for the recovery, removal, and disposal of oil, including evaluation of the environmental effects of the use of such systems; (D) research and training, in consultation with the National Response Team, to improve industrys and Governments ability to quickly and effectively remove an oil discharge, including the long-term use, as appropriate, of the National Spill Control School in Corpus Christi, Texas, and the Center for Marine Training and Safety in Galveston, Texas; (E) research to improve information systems for decisionmaking, including the use of data from coastal mapping, baseline data, and other data related to the environmental effects of oil discharges, and cleanup technologies; (F) development of technologies and methods to protect public health and safety from oil discharges, including the population directly exposed to an oil discharge; (G) development of technologies, methods, and standards for protecting removal personnel, including training, adequate supervision, protective equipment, maximum exposure limits, and decontamination procedures; (H) research and development of methods to restore and rehabilitate natural resources damaged by oil discharges; (I) research to evaluate the relative effectiveness and environmental impacts of bioremediation technologies; and (J) the demonstration of a satellite-based, dependent surveillance vessel traffic system in Narragansett Bay to evaluate the utility of such system in reducing the risk of oil discharges from vessel collisions and groundings in confined waters. (3) Oil pollution technology evaluation The program established under paragraph (1) shall provide for oil pollution prevention and mitigation technology evaluation including (A) the evaluation and testing of technologies developed independently of the research and development program established under paragraph (1); (B) the establishment, where appropriate, of standards and testing protocols traceable to national standards to measure the performance of oil pollution prevention or mitigation technologies; and (C) the use, where appropriate, of controlled field testing to evaluate real-world application of oil discharge prevention or mitigation technologies. (4) Oil pollution effects research (A) The Committee shall establish a research program to monitor and evaluate the environmental effects of acute and chronic oil discharges on coastal and marine resources (including impacts on protected areas such as sanctuaries) and protected species, and such program shall include the following elements: (i) The development of improved models and capabilities for predicting the environmental fate, transport, and effects of oil discharges. (ii) The development of methods, including economic methods, to assess damages to natural resources resulting from oil discharges. (iii) Research to understand and quantify the effects of sublethal impacts of oil discharge on living natural marine resources, including impacts on pelagic fish species, marine mammals, and commercially and recreationally targeted fish and shellfish species. (iv) The identification of types of ecologically sensitive areas at particular risk to oil discharges and the preparation of scientific monitoring and evaluation plans, one for each of several types of ecological conditions, to be implemented in the event of major oil discharges in such areas. (v) The collection of environmental baseline data in ecologically sensitive areas at particular risk to oil discharges where such data are insufficient. (vi) Research to understand the long-term effects of major oil discharges and the long-term effects of smaller endemic oil discharges. (vii) The identification of potential impacts on ecosystems, habitat, and wildlife from the additional toxicity, heavy metal concentrations, and increased corrosiveness of mixed crude, such as diluted bitumen crude. (viii) The development of methods to restore and rehabilitate natural resources and ecosystem functions damaged by oil discharges. (B) The Department of Commerce in consultation with the Environmental Protection Agency shall monitor and scientifically evaluate the long-term environmental effects of oil discharges if (i) the amount of oil discharged exceeds 250,000 gallons; (ii) the oil discharge has occurred on or after January 1, 1989 (iii) the Interagency Committee determines that a study of the long-term environmental effects of the discharge would be of significant scientific value, especially for preventing or responding to future oil discharges. Areas for study may include the following sites where oil discharges have occurred: the New York/New Jersey Harbor area, where oil was discharged by an Exxon underwater pipeline, the T/B CIBRO SAVANNAH, and the M/V BT NAUTILUS; Narragansett Bay where oil was discharged by the WORLD PRODIGY; the Houston Ship Channel where oil was discharged by the RACHEL B; the Delaware River, where oil was discharged by the PRESIDENTE RIVERA and the T/V ATHOS I, and Huntington Beach, California, where oil was discharged by the AMERICAN TRADER. (C) Research conducted under this paragraph by, or through, the United States Fish and Wildlife Service shall be directed and coordinated by the National Wetland Research Center. (5) Marine simulation research The program established under paragraph (1) shall include research on the greater use and application of geographic and vessel response simulation models, including the development of additional data bases and updating of existing data bases using, among others, the resources of the National Maritime Research Center. It shall include research and vessel simulations for (A) contingency plan evaluation and amendment; (B) removal and strike team training; (C) tank vessel personnel training; and (D) those geographic areas where there is a significant likelihood of a major oil discharge. (6) Demonstration projects The United States Coast Guard, in conjunction with such agencies as the President may designate, shall conduct 4 port oil pollution minimization demonstration projects, one each with (A) the Port Authority of New York and New Jersey, (B) the Ports of Los Angeles and Long Beach, California, (C) the Port of New Orleans, Louisiana, and (D) ports on the Great Lakes, for the purpose of developing and demonstrating integrated port oil pollution prevention and cleanup systems which utilize the information and implement the improved practices and technologies developed from the research, development, and demonstration program established in this section. Such systems shall utilize improved technologies and management practices for reducing the risk of oil discharges, including, as appropriate, improved data access, computerized tracking of oil shipments, improved vessel tracking and navigation systems, advanced technology to monitor pipeline and tank conditions, improved oil spill response capability, improved capability to predict the flow and effects of oil discharges in both the inner and outer harbor areas for the purposes of making infrastructure decisions, and such other activities necessary to achieve the purposes of this section. (7) Simulated environmental testing (A) In general Agencies represented on the Interagency Committee shall ensure the long-term use and operation of the Oil and Hazardous Materials Simulated Environmental Test Tank (OHMSETT) Research Center in New Jersey for oil pollution technology testing and evaluations. (B) Other testing facilities Nothing in subparagraph (A) shall be construed as limiting the ability of the Interagency Committee to contract or partner with a facility or facilities other than the Center described in subparagraph (A) for the purpose of oil pollution technology testing and evaluations, provided such a facility or facilities have testing and evaluation capabilities equal to or greater than those of such Center. (C) In-kind contributions (i) In general The Secretary of the department in which the Coast Guard is operating and the Administrator of the Environmental Protection Agency may accept donations of crude oil and crude oil product samples in the form of in-kind contributions for use by the Federal Government for product testing, research and development, and for other purposes as the Secretary and the Administrator determine appropriate. (ii) Use of donated oil Oil accepted under clause (i) may be used directly by the Secretary and shall be provided to other Federal agencies or departments through interagency agreements to carry out the purposes of this Act. (8) Regional research program (A) Consistent with the research plan in subsection (d), the Interagency Committee shall coordinate a program of competitive grants to universities or other research institutions, or groups of universities or research institutions, for the purposes of conducting a coordinated research program related to the regional aspects of oil pollution, such as prevention, removal, mitigation, and the effects of discharged oil on regional environments. For the purposes of this paragraph, a region means a Coast Guard district as set out in part 3 of title 33, Code of Federal Regulations (2010). (B) The Interagency Committee shall coordinate the publication by the agencies represented on the Interagency Committee of a solicitation for grants under this subsection. The application shall be in such form and contain such information as may be required in the published solicitation. The applications shall be reviewed by the Interagency Committee, which shall make recommendations to the appropriate granting agency represented on the Interagency Committee for awarding the grant. The granting agency shall award the grants recommended by the Interagency Committee unless the agency decides not to award the grant due to budgetary or other compelling considerations and publishes its reasons for such a determination in the Federal Register. No grants may be made by any agency from any funds authorized for this paragraph unless such grant award has first been recommended by the Interagency Committee. (C) Any university or other research institution, or group of universities or research institutions, may apply for a grant for the regional research program established by this paragraph. The applicant must be located in the region, or in a State a part of which is in the region, for which the project is proposed as part of the regional research program. With respect to a group application, the entity or entities which will carry out the substantial portion of the proposed research must be located in the region, or in a State a part of which is in the region, for which the project is proposed as part of the regional research program. (D) The Interagency Committee shall make recommendations on grants in such a manner as to ensure an appropriate balance within a region among the various aspects of oil pollution research, including prevention, removal, mitigation, and the effects of discharged oil on regional environments. In addition, the Interagency Committee shall make recommendations for grants based on the following criteria: (i) There is available to the applicant for carrying out this paragraph demonstrated research resources. (ii) The applicant demonstrates the capability of making a significant contribution to regional research needs. (iii) The projects which the applicant proposes to carry out under the grant are consistent with the research plan under subsection (d) and would further the objectives of the research and development program established in this section. (E) Grants provided under this paragraph shall be for a period up to 3 years, subject to annual review by the granting agency, and provide not more than 80 percent of the costs of the research activities carried out in connection with the grant. (F) No funds made available to carry out this subsection may be used for the acquisition of real property (including buildings) or construction of any building. (G) Nothing in this paragraph is intended to alter or abridge the authority under existing law of any Federal agency to make grants, or enter into contracts or cooperative agreements, using funds other than those authorized in this Act for the purposes of carrying out this paragraph. (9) Funding For each of the fiscal years 1991, 1992, 1993, 1994, and 1995, $6,000,000 of amounts in the Fund shall be available to carry out the regional research program in paragraph (8), such amounts to be available in equal amounts for the regional research program in each region; except that if the agencies represented on the Interagency Committee determine that regional research needs exist which cannot be addressed within such funding limits, such agencies may use their authority under paragraph (10) to make additional grants to meet such needs. For the purposes of this paragraph, the research program carried out by the Prince William Sound Oil Spill Recovery Institute established under section 2731 of this title section 2736(b) of this title (10) Grants In carrying out the research and development program established under paragraph (1), the Under Secretary may enter into contracts and cooperative agreements and make grants to universities, research institutions, and other persons, and States and Indian tribes. Such contracts, cooperative agreements, and grants shall address research and technology priorities set forth in the oil pollution research plan under subsection (d). (11) Utilization of resources In carrying out research under this section, the Department of Transportation shall continue to utilize the resources of the Pipeline and Hazardous Materials Safety Administration of the Department of Transportation, to the maximum extent practicable. (f) International cooperation In accordance with the research plan submitted under subsection (d), the Interagency Committee shall coordinate and cooperate with other nations and foreign research entities in conducting oil pollution research, development, and demonstration activities, including controlled field tests of oil discharges. (g) Biennial reports The Chair shall submit to Congress every 2 years on October 30 a report on the activities carried out under this section in the preceding 2 fiscal years, and on activities proposed to be carried out under this section in the current 2 fiscal year period. (h) Funding Not to exceed $22,000,000 of amounts in the Fund shall be available annually to carry out this section except for subsection (e)(8). Of such sums (1) funds authorized to be appropriated to carry out the activities under subsection (c)(4) 1 1 (2) not less than $3,000,000 shall be available for carrying out the activities in subsection (c)(6) 1 All activities authorized in this section, including subsection (e)(8), are subject to appropriations. ( Pub. L. 101380, title VII,  7001 Aug. 18, 1990 104 Stat. 559 Pub. L. 101537, title II,  2002 Nov. 8, 1990 104 Stat. 2375 Pub. L. 101646, title IV,  4002 Nov. 29, 1990 104 Stat. 4788 Pub. L. 104324, title XI Oct. 19, 1996 110 Stat. 3966 Pub. L. 104332,  2(h)(1) Oct. 26, 1996 110 Stat. 4091 Pub. L. 108426,  2(c)(5) Nov. 30, 2004 118 Stat. 2424 Pub. L. 109241, title VI,  605(a)(1) l July 11, 2006 120 Stat. 555 Pub. L. 114120, title III,  319 Feb. 8, 2016 130 Stat. 66 Pub. L. 116283, div. G, title LVXXXIII Jan. 1, 2021 134 Stat. 4693  Editorial Notes  References in Text This Act, referred to in subsec. (e)(7)(C)(ii), (8)(G), is Pub. L. 101380 Aug. 18, 1990 104 Stat. 484 section 2701 of this title Subsection (c), referred to in subsec. (h), was redesignated subsec. (e) of this section by Pub. L. 116283, div. G, title LVXXXIII Jan. 1, 2021 134 Stat. 4694 Amendments 2021Subsecs. (a), (b). Pub. L. 116283,  8304(6) Subsec. (c). Pub. L. 116283,  8304(6) section 8304(1) of Pub. L. 116283 Subsec. (c)(1). Pub. L. 116283,  8304(1)(A) Subsec. (c)(2). Pub. L. 116283,  8304(1)(B) Subsec. (c)(3). Pub. L. 116283,  8304(1)(C) Subsec. (c)(4)(A). Pub. L. 116283,  8304(1)(D)(i) Subsec. (c)(4)(A)(iii) to (viii). Pub. L. 116283,  8304(1)(D)(ii) Subsec. (c)(5). Pub. L. 116283,  8304(1)(E) Subsec. (c)(7). Pub. L. 116283,  8304(1)(F) Subsec. (c)(8)(A). Pub. L. 116283,  8304(1)(G)(i) Subsec. (c)(8)(D)(iii). Pub. L. 116283,  8304(1)(G)(ii) Subsec. (c)(10). Pub. L. 116283,  8304(1)(H) Subsec. (d). Pub. L. 116283,  8304(6) Pub. L. 116283,  8304(2) Subsec. (e). Pub. L. 116283,  8304(5) Pub. L. 116283,  8304(3) Subsec. (f). Pub. L. 116283,  8304(5) Pub. L. 116283,  8304(4) Subsecs. (g), (h). Pub. L. 116283,  8304(5) 2016Subsec. (a)(3). Pub. L. 114120,  319(a) Subsec. (b)(2). Pub. L. 114120,  319(b)(1) Subsec. (c)(8)(A). Pub. L. 114120,  319(b)(2) 2006Subsec. (a). Pub. L. 109241,  902 l Membership A representative of the Department of Transportation shall serve as Chairman. Subsec. (c)(4)(B). Pub. L. 109241,  605(a)(1) Subsec. (c)(6). Pub. L. 109241,  902 l 2004Subsec. (a)(3). Pub. L. 108426,  2(c)(5)(A) Subsec. (c)(11). Pub. L. 108426,  2(c)(5)(B) 1996Subsec. (c)(2)(D). Pub. L. 104324,  1108 Subsec. (c)(6). Pub. L. 104332,  2(h)(1) Pub. L. 101646,  4002(1) Subsec. (c)(9). Pub. L. 104324,  1102(c)(2) section 2736(b) of this title Subsec. (f). Pub. L. 104332 Pub. L. 101646,  4002(2) 1990Subsec. (c)(6). Pub. L. 101537,  2002(1) Pub. L. 101646,  4002(1) Pub. L. 104332,  2(h)(1) Subsec. (f). Pub. L. 101537,  2002(2) Pub. L. 101646,  4002(2) Pub. L. 104332 Statutory Notes and Related Subsidiaries  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 Improving Oil Spill Preparedness Pub. L. 117263, div. K, title CXIII,  11308 Dec. 23, 2022 136 Stat. 4079 The Under Secretary of Commerce for Oceans and Atmosphere shall include in the Automated Data Inquiry for Oil Spills database (or a successor database) used by National Oceanic and Atmospheric Administration oil weathering models new data, including peer-reviewed data, on properties of crude and refined oils, including data on diluted bitumen, as such data becomes publicly available. Executive Documents  Transfer of Functions The Minerals Management Service was abolished and functions divided among the Office of Natural Resources Revenue, the Bureau of Ocean Energy Management, and the Bureau of Safety and Environmental Enforcement. See Secretary of the Interior Orders No. 3299 of May 19, 2010 June 18, 2010  Delegation of Functions Functions of President under subsec. (a)(3) of this section delegated to Secretary of the Department in which the Coast Guard is operating by section 8(h) of Ex. Ord. No. 12777, Oct. 18, 1991 section 1321 of this title  2762. Submerged oil program (a) Program (1) Establishment The Under Secretary of Commerce for Oceans and Atmosphere, in conjunction with the Commandant of the Coast Guard, shall establish a program to detect, monitor, and evaluate the environmental effects of submerged oil in the Delaware River and Bay region. The program shall include the following elements: (A) The development of methods to remove, disperse, or otherwise diminish the persistence of submerged oil. (B) The development of improved models and capacities for predicting the environmental fate, transport, and effects of submerged oil. (C) The development of techniques to detect and monitor submerged oil. (2) Report Not later than 3 years after July 11, 2006 (b) Demonstration project (1) Removal of submerged oil The Commandant of the Coast Guard, in conjunction with the Under Secretary of Commerce for Oceans and Atmosphere, shall conduct a demonstration project for the purpose of developing and demonstrating technologies and management practices to remove submerged oil from the Delaware River and other navigable waters. (2) Funding There is authorized to be appropriated to the Commandant of the Coast Guard $2,000,000 for each of fiscal years 2006 through 2010 to carry out this subsection. ( Pub. L. 101380, title VII,  7002 Pub. L. 109241, title VI,  605(a)(2) July 11, 2006 120 Stat. 555 CHAPTER 41 NATIONAL COASTAL MONITORING    Sec.  2801. Purposes.  2802. Definitions.  2803. Comprehensive Coastal Water Quality Monitoring Program.  2803a. Ocean and coastal resiliency.  2804. Report to Congress.  2805. Authorization of appropriations.  2801. Purposes The purposes of this chapter are to (1) establish a comprehensive national program for consistent monitoring of the Nations coastal ecosystems; (2) establish long-term water quality assessment and monitoring programs for high priority coastal waters that will enhance the ability of Federal, State, and local authorities to develop and implement effective remedial programs for those waters; (3) establish a system for reviewing and evaluating the scientific, analytical, and technological means that are available for monitoring the environmental quality of coastal ecosystems; (4) establish methods for identifying uniform indicators of coastal ecosystem quality; (5) provide for periodic, comprehensive reports to Congress concerning the quality of the Nations coastal ecosystems; (6) establish a coastal environment information program to distribute coastal monitoring information; (7) provide state 1 1 16 U.S.C. 1451 (8) provide certain water pollution control programs authorized under the Federal Water Pollution Control Act ( 33 U.S.C. 1251 ( Pub. L. 92532, title V,  501 Pub. L. 102567, title V,  501 Oct. 29, 1992 106 Stat. 4293  Editorial Notes  References in Text The Coastal Zone Management Act of 1972, referred to in par. (7), is title III of Pub. L. 89454 Pub. L. 92583 Oct. 27, 1972 86 Stat. 1280 section 1451 of Title 16 The Federal Water Pollution Control Act, referred to in par. (8), is act June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 816 section 1251 of this title Statutory Notes and Related Subsidiaries Short Title Title V of Pub. L. 92532  2802. Definitions For the purposes of this chapter, the term (1) Administrator means the Administrator of the Environmental Protection Agency; (2) coastal ecosystem means a system of interacting biological, chemical, and physical components throughout the water column, water surface, and benthic environment of coastal waters; (3) coastal water quality means the physical, chemical and biological parameters that relate to the health and integrity of coastal ecosystems; (4) coastal water quality monitoring means a continuing program of measurement, analysis, and synthesis to identify and quantify coastal water quality conditions and trends to provide a technical basis for decisionmaking; (5) coastal waters means waters of the Great Lakes, including their connecting waters and those portions of rivers, streams, and other bodies of water having unimpaired connection with the open sea up to the head of tidal influence, including wetlands, intertidal areas, bays, harbors, and lagoons, including waters of the territorial sea of the United States and the contiguous zone; 1 1 (6) Under Secretary means Under Secretary of Commerce for Oceans and Atmosphere. ( Pub. L. 92532, title V,  502 Pub. L. 102567, title V,  501 Oct. 29, 1992 106 Stat. 4294  Executive Documents  Territorial Sea and Contiguous Zone of United States For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No. 7219, respectively, set out as notes under section 1331 of Title 43  2803. Comprehensive Coastal Water Quality Monitoring Program (a) Authority; joint implementation (1) The Administrator and the Under Secretary, in conjunction with other Federal, State, and local authorities, shall jointly develop and implement a program for the long-term collection, assimilation, and analysis of scientific data designed to measure the environmental quality of the Nations coastal ecosystems pursuant to this section. Monitoring conducted pursuant to this section shall be coordinated with relevant monitoring programs conducted by the Administrator, Under Secretary, and other Federal, State, and local authorities. (2) Primary leadership for the monitoring program activities conducted by the Environmental Protection Agency pursuant to this section shall be located at the Environmental Research Laboratory in Narragansett, Rhode Island. (b) Program elements The Comprehensive Coastal Water Quality Monitoring Program shall include, but not be limited to (1) identification and analysis of the status of environmental quality in the Nations coastal ecosystems, including but not limited to, assessment of (A) ambient water quality, including contaminant levels in relation to criteria and standards issued pursuant to title III or 1 1 33 U.S.C. 1311 (B) benthic environmental quality, including analysis of contaminant levels in sediments in relation to criteria and standards issued pursuant to title III of the Federal Water Pollution Control Act ( 33 U.S.C. 1311 (C) health and quality of living resources. 2 2 (2) identification of sources of environmental degradation affecting the Nations coastal ecosystems; (3) assessment of the impact of governmental programs and management strategies and measures designed to abate or prevent the environmental degradation of the Nations coastal ecosystems; (4) assessment of the accumulation of floatables along coastal shorelines; (5) analysis of expected short-term and long-term trends in the environmental quality of the Nations coastal ecosystems; and (6) the development and implementation of intensive coastal water quality monitoring programs in accordance with subsection (d). (c) Monitoring guidelines and protocols (1) Guidelines Not later than 18 months after October 29, 1992 (A) provide an appropriate degree of uniformity among the coastal water quality monitoring methods and data while preserving the flexibility of monitoring programs to address specific needs; (B) establish scientifically valid monitoring methods that will (i) provide simplified methods to survey and assess the water quality and ecological health of coastal waters; (ii) identify and quantify through more intensive efforts the severity of existing or anticipated problems in selected coastal waters; (iii) identify and quantify sources of pollution that cause or contribute to those problems, including point and nonpoint sources; and (iv) evaluate over time the effectiveness of efforts to reduce or eliminate pollution from those sources; (C) provide for data compatibility to enable data to be efficiently stored and shared by various users; and (D) identify appropriate physical, chemical, and biological indicators of the health and quality of coastal ecosystems. (2) Technical protocols Guidelines issued under paragraph (1) shall include protocols for (A) designing statistically valid coastal water quality monitoring networks and monitoring surveys, including assessment of the accumulation of floatables. 2 (B) sampling and analysis, including appropriate physical and chemical parameters, living resource parameters, and sediment analysis techniques; and (C) quality control, quality assessment, and data consistency and management. (3) Periodic review The Administrator and the Under Secretary shall periodically review the guidelines and protocols issued under this subsection to evaluate their effectiveness, the degree to which they continue to answer program objectives and provide an appropriate degree of uniformity while taking local conditions into account, and any need to modify or supplement them with new guidelines and protocols, as needed. (4) Discharge permit data The Administrator or a State permitting authority shall ensure that compliance monitoring conducted pursuant to section 402(a)(2) of the Federal Water Pollution Control Act ( 33 U.S.C. 1342(a)(2) 33 U.S.C. 1342(a)(2) (d) Intensive coastal water quality monitoring programs (1) In general The Comprehensive Coastal Water Quality Monitoring Program established pursuant to this section shall include intensive coastal water quality monitoring programs developed under this subsection. (2) Designation of intensive monitoring areas Not later than 24 months after October 29, 1992 (3) Identification of suitable coastal areas (A) The Administrator and the Under Secretary shall contract with the National Research Council to conduct a study to identify coastal areas suitable for the establishment of intensive coastal monitoring programs. In identifying these coastal areas, the National Research Council shall consider areas that (i) are representatives of coastal ecosystems throughout the United States; (ii) will provide information to assess the status and trends of coastal water quality nation-wide; and (iii) would benefit from intensive water quality monitoring because of local management needs. (B) In making recommendations under this paragraph, the National Research Council shall consult with Regional Research Boards established pursuant to title IV of this Act [ 16 U.S.C. 1447 (C) The National Research Council shall, within 18 months of October 29, 1992 (D) The Administrator and the Under Secretary, in conjunction with other Federal, State, and local authorities, shall develop and implement multi-year programs of intensive monitoring for Massachusetts and Cape Cod Bays, the Gulf of Maine, the Chesapeake Bay, the Hudson-Raritan Estuary, and each area jointly designated by the Administrator and the Under Secretary pursuant to paragraph (2). (4) Intensive coastal water quality monitoring programs Each intensive coastal water quality monitoring program developed pursuant to this subsection shall (A) identify water quality conditions and problems and provide information to assist in improving coastal water quality; (B) clearly state the goals and objectives of the monitoring program and their relationship to the water quality objectives for coastal waters covered by the program; (C) identify the water quality and biological parameters of the monitoring program and their relationship to these goals and objectives; (D) describe the types of monitoring networks, surveys and other activities to be used to achieve these goals and objectives, using where appropriate the guidelines issued under subsection (c); (E) survey existing Federal, State, and local coastal monitoring activities and private compliance monitoring activities in or on the coastal waters covered by the program, describe the relationship of the program to those other monitoring activities, and integrate them, as appropriate, into the intensive monitoring program; (F) describe the data management and quality control components of the program; (G) specify the implementation requirements for the program, including (i) the lead Federal, State, or regional authority that will administer the program; (ii) the public and private parties that will implement the program; (iii) a detailed schedule for program implementation; (iv) all Federal and State responsibilities for implementing the program; and (v) the changes in Federal, State, and local monitoring programs necessary to implement the program; (H) estimate the costs to Federal and State governments, and other participants, of implementing the monitoring program; and (I) describe the methods to assess periodically the success of the monitoring program in meeting its goals and objectives, and the manner in which the program may be modified from time-to-time. (5) Criteria for monitoring Massachusetts and Cape Cod Bays In addition to the criteria listed in paragraph (4), the intensive monitoring program for Massachusetts and Cape Cod Bays shall establish baseline data on environmental phenomena (such as quantity of bacteria and quality of indigenous species, and swimmability) and determine the ecological impacts resulting from major point source discharges. (6) Memorandum of Understanding Prior to implementing any intensive coastal water quality monitoring program under this subsection, the Administrator and the Under Secretary shall enter into a Memorandum of Understanding to implement the intensive coastal water quality monitoring programs and may extend the memorandum 3 3 (7) Implementation (A) The Administrator, the Under Secretary, and the Governor of each State having waters subject to an intensive coastal water quality monitoring program developed pursuant to this subsection shall ensure compliance with that program. (B) The Administrator and the Under Secretary are authorized to enter into cooperative agreements to provide financial assistance to non-Federal agencies and institutions to support implementation of intensive monitoring programs under this subsection. Federal financial assistance may only be provided on the condition that not less than fifty percent of the costs of the monitoring to be conducted by a non-Federal agency or institution is provided from non-Federal funds. (e) Comprehensive Implementation Strategy (1) In general Within 1 year after October 29, 1992 (2) Consultation The Administrator and the Under Secretary shall consult with the National Academy of Sciences, the Director of the United States Fish and Wildlife Service, the Director of the Minerals Management Service, the Commandant of the Coast Guard, the Secretary of the Navy, the Secretary of Agriculture, the heads of any other relevant Federal or regional agencies, and the Governors of coastal States in developing the Strategy. (3) Public comment Not less than 3 months before submitting the Strategy to Congress, the Administrator and the Under Secretary shall jointly publish a draft version of the Strategy in the Federal Register and shall solicit public comments regarding the Strategy. (4) Memorandum of Understanding Within 1 year after submission of the Strategy under paragraph (1), the Administrator and the Under Secretary shall enter into a Memorandum of Understanding with appropriate Federal agencies necessary to effect the coordination of Federal coastal monitoring programs. The Memorandum of Understanding shall identify the monitoring and reporting responsibilities of each agency and shall encourage the coordination of monitoring activities where possible. ( Pub. L. 92532, title V,  503 Pub. L. 102567, title V,  501 Oct. 29, 1992 106 Stat. 4294  Editorial Notes  References in Text The Federal Water Pollution Control Act, referred to in subsec. (b)(1), is act June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 816 section 1251 of this title Title IV of this Act, referred to in subsec. (d)(3)(B), is title IV of Pub. L. 92532 Statutory Notes and Related Subsidiaries  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 section 542 of Title 6 Executive Documents  Transfer of Functions The Minerals Management Service was abolished and functions divided among the Office of Natural Resources Revenue, the Bureau of Ocean Energy Management, and the Bureau of Safety and Environmental Enforcement. See Secretary of the Interior Orders No. 3299 of May 19, 2010 June 18, 2010  2803a. Ocean and coastal resiliency (a) In general The Secretary shall conduct studies to determine the feasibility of carrying out Corps of Engineers projects in coastal zones to enhance ocean and coastal ecosystem resiliency. (b) Study In carrying out the study under subsection (a), the Secretary shall (1) as appropriate, coordinate with the heads of other appropriate Federal agencies, the Governors and other chief executive officers of the coastal states, nonprofit organizations, Indian tribes, and other interested parties; (2) identify Corps of Engineers projects in coastal zones for enhancing ocean and coastal ecosystem resiliency based on an assessment of the need and opportunities for, and feasibility of, the projects; (3) give priority to projects in communities the existence of which is threatened by rising sea level, including projects relating to shoreline restoration, tidal marsh restoration, dunal habitats to protect coastal infrastructure, reduction of future and existing emergency repair costs, and the beneficial reuse of dredged materials; (4) to the maximum extent practicable, use any existing Corps of Engineers plans and data; and (5) not later than 365 days after initial appropriations for this section, and every five years thereafter subject to the availability of appropriations, complete a study authorized under subsection (a). (c) Disposition (1) In general The Secretary may carry out a project identified in the study pursuant to subsection (a) in accordance with the criteria for projects carried out under one of the following authorities: (A) Section 2330(a)(d) of this title. (B) Section 2309a(a)(g) and (i) of this title. (C) Section 426g(a)(b) and (c)(1) of this title. (D) Section 2326(a)(f) of this title. (2) Report For each project that does not meet the criteria under paragraph (1), the Secretary shall include a recommendation relating to the project in the annual report submitted to Congress by the Secretary in accordance with section 2282d of this title (d) Requests for projects The Secretary may carry out a project for a coastal state under this section only at the request of the Governor or chief executive officer of the coastal state, as appropriate. (e) Definition In this section, the terms coastal zone and coastal state have the meanings given such terms in section 1453 of title 16 June 10, 2014 ( Pub. L. 113121, title IV,  4014 June 10, 2014 128 Stat. 1321 Pub. L. 114322, title I,  1183(a) Dec. 16, 2016 130 Stat. 1678  Editorial Notes Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of title V of Pub. L. 92532 Amendments 2016Subsec. (b)(1). Pub. L. 114322,  1183(a)(1) Subsec. (b)(3) to (5). Pub. L. 114322,  1183(a)(2) Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121 section 2201 of this title  2804. Report to Congress On September 30 of each other year beginning in 1993, the Administrator and the Under Secretary shall jointly submit to the Committee on Commerce, Science, and Transportation and the Committee on Environment and Public Works of the Senate and the Committee on Merchant Marine and Fisheries and the Committee on Public Works and Transportation of the House of Representatives a report describing the condition of the Nations coastal ecosystems, including the following: (1) an assessment of the status and health of the Nations coastal ecosystems; (2) an evaluation of environmental trends in coastal ecosystems; (3) identification of sources of enironmental 1 1 (4) an assessment of the extent to which floatables degrade coastal ecosystems, including trends in the accumulation of floatables and the threat posed by floatables to aquatic life; (5) an assessment of the impact of government programs designed to abate the degradation of coastal ecosystems: 2 2 (6) an evaluation of the adequacy of monitoring programs and identification of any additional program elements which may be needed; and (7) a summary of monitoring results in areas monitored under subsection 3 3 ( Pub. L. 92532, title V,  504 Pub. L. 102567, title V,  501 Oct. 29, 1992 106 Stat. 4299  Statutory Notes and Related Subsidiaries  Change of Name Committee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 10414 section 21 of Title 2  Abolition of House Committee on Merchant Marine and Fisheries Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995 section 1(b)(3) of Pub. L. 10414 section 21 of Title 2  2805. Authorization of appropriations (a) NOAA authorization For development and implementation of programs under this chapter, including financial assistance to non-Federal agencies and institutions to support implementation of intensive monitoring programs under section 2803(d) of this title (b) EPA authorization For development and implementation of programs under this chapter, including financial assistance to non-Federal agencies and institutions to support implementation of intensive monitoring programs under section 2803(d) of this title ( Pub. L. 92532, title V,  505 Pub. L. 102567, title V,  501 Oct. 29, 1992 106 Stat. 4299 CHAPTER 42 ESTUARY RESTORATION    Sec.  2901. Purposes.  2902. Definitions.  2903. Estuary habitat restoration program.  2904. Establishment of Estuary Habitat Restoration Council.  2905. Estuary habitat restoration strategy.  2906. Monitoring of estuary habitat restoration projects.  2907. Reporting.  2908. Funding.  2909. General provisions.  2901. Purposes The purposes of this chapter are (1) to promote the restoration of estuary habitat by implementing a coordinated Federal approach to estuary habitat restoration activities, including the use of common monitoring standards and a common system for tracking restoration acreage; (2) to develop and implement a national estuary habitat restoration strategy for creating and maintaining effective estuary habitat restoration partnerships among public agencies at all levels of government and to establish new partnerships between the public and private sectors; (3) to provide Federal assistance for estuary habitat restoration projects through cooperative agreements and to promote efficient financing of such projects; and (4) to develop and enhance monitoring and research capabilities through the use of the environmental technology innovation program associated with the National Estuarine Research Reserve System established by section 1461 of title 16 ( Pub. L. 106457, title I,  102 Nov. 7, 2000 114 Stat. 1958 Pub. L. 110114, title V,  5017(a) Nov. 8, 2007 121 Stat. 1197  Editorial Notes Amendments 2007Par. (1). Pub. L. 110114,  5017(a)(1) Par. (2). Pub. L. 110114,  5017(a)(2) Par. (3). Pub. L. 110114,  5017(a)(3) Statutory Notes and Related Subsidiaries Short Title Pub. L. 106457,  1(a) Nov. 7, 2000 114 Stat. 1957 This Act [enacting this chapter, sections 1273 and 1300 of this title, and sections 277d43 to 277d46 of Title 22, Foreign Relations and Intercourse, amending sections 1263a, 1267, 1269, 1324, and 1330 of this title, and enacting provisions set out as notes under this section, sections 1251 and 1267 of this title, and section 277d43 of Title 22 Pub. L. 106457, title I,  101 Nov. 7, 2000 114 Stat. 1958 This title [enacting this chapter] may be cited as the Estuary Restoration Act of 2000. Purchase of American-Made Equipment and Products Pub. L. 106457, title IX,  901 Nov. 7, 2000 114 Stat. 1981  (a)  In General It is the sense of Congress that, to the extent practicable, all equipment and products purchased with funds made available under this Act [see Short Title note above] should be American made. (b)  Notice to Recipients of Assistance The head of each Federal Agency [sic] providing financial assistance under this Act, to the extent practicable, shall provide to each recipient of the assistance a notice describing the statement made in subsection (a). Long-Term Estuary Assessment Pub. L. 106457, title IX,  902 Nov. 7, 2000 114 Stat. 1981  (a)  In General The Secretary of Commerce (acting through the Under Secretary for Oceans and Atmosphere) and the Secretary of the Interior (acting through the Director of the Geological Survey) may carry out a long-term estuary assessment project (in this section referred to as the project) in accordance with the requirements of this section. (b)  Purpose The purpose of the project shall be to establish a network of strategic environmental assessment and monitoring projects for the Mississippi River south of Vicksburg, Mississippi, and the Gulf of Mexico, in order to develop advanced long-term assessment and monitoring systems and models relating to the Mississippi River and other aquatic ecosystems, including developing equipment and techniques necessary to implement the project. (c)  Management Agreement To establish, operate, and implement the project, the Secretary of Commerce and the Secretary of the Interior may enter into a management agreement with a university-based consortium. (d)  Authorization of Appropriations There is authorized to be appropriated (1) $1,000,000 for fiscal year 2001 to develop the management agreement under subsection (c); and (2) $4,000,000 for each of fiscal years 2002, 2003, 2004, and 2005 to carry out the project. Such sums shall remain available until expended.  2902. Definitions In this chapter, the following definitions apply: (1) Council The term Council means the Estuary Habitat Restoration Council established by section 2904 of this title (2) Estuary The term estuary means a part of a river or stream or other body of water that has an unimpaired connection with the open sea and where the sea water is measurably diluted with fresh water derived from land drainage. The term also includes near coastal waters and wetlands of the Great Lakes that are similar in form and function to estuaries, including the area located in the Great Lakes biogeographic region and designated as a National Estuarine Research Reserve under the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1451 November 7, 2000 (3) Estuary habitat The term estuary habitat means the physical, biological, and chemical elements associated with an estuary, including the complex of physical and hydrologic features and living organisms within the estuary and associated ecosystems. (4) Estuary habitat restoration activity (A) In general The term estuary habitat restoration activity means an activity that results in improving degraded estuaries or estuary habitat or creating estuary habitat (including both physical and functional restoration), with the goal of attaining a self-sustaining system integrated into the surrounding landscape. (B) Included activities The term estuary habitat restoration activity includes (i) the reestablishment of chemical, physical, hydrologic, and biological features and components associated with an estuary; (ii) except as provided in subparagraph (C), the cleanup of pollution for the benefit of estuary habitat; (iii) the control of nonnative and invasive species in the estuary; (iv) the reintroduction of species native to the estuary, including through such means as planting or promoting natural succession; (v) the construction of reefs to promote fish and shellfish production and to provide estuary habitat for living resources; and (vi) other activities that improve estuary habitat. (C) Excluded activities The term estuary habitat restoration activity does not include an activity that (i) constitutes mitigation required under any Federal or State law for the adverse effects of an activity regulated or otherwise governed by Federal or State law; or (ii) constitutes restoration for natural resource damages required under any Federal or State law. (5) Estuary habitat restoration project The term estuary habitat restoration project means a project to carry out an estuary habitat restoration activity. (6) Estuary habitat restoration plan (A) In general The term estuary habitat restoration plan means any Federal, State, or regional plan for restoration of degraded estuary habitat that was developed with the substantial participation of appropriate public and private stakeholders. (B) Included plans and programs The term estuary habitat restoration plan includes estuary habitat restoration components of (i) a comprehensive conservation and management plan approved under section 1330 of this title (ii) a lakewide management plan or remedial action plan developed under section 1268 of this title (iii) a management plan approved under the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1451 (iv) the interstate management plan developed pursuant to the Chesapeake Bay program under section 1267 of this title (7) Indian tribe The term Indian tribe has the meaning given such term by section 5304 of title 25 (8) Non-Federal interest The term non-Federal interest means a State, a political subdivision of a State, an Indian tribe, a regional or interstate agency, or, as provided in section 2903(f)(2) of this title (9) Secretary The term Secretary means the Secretary of the Army. (10) State The term State means the States of Alabama, Alaska, California, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Texas, Virginia, Washington, and Wisconsin, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, American Samoa, and Guam. ( Pub. L. 106457, title I,  103 Nov. 7, 2000 114 Stat. 1958 Pub. L. 110114, title V,  5017(b) Nov. 8, 2007 121 Stat. 1197  Editorial Notes  References in Text The Coastal Zone Management Act of 1972, referred to in pars. (2) and (6)(B)(iii), is title III of Pub. L. 89454 Pub. L. 92583 Oct. 27, 1972 86 Stat. 1280 section 1451 of Title 16 Amendments 2007Par. (6)(A). Pub. L. 110114  2903. Estuary habitat restoration program (a) Establishment There is established an estuary habitat restoration program under which the Secretary may carry out estuary habitat restoration projects and provide technical assistance through the award of contracts and cooperative agreements in accordance with the requirements of this chapter. (b) Origin of projects A proposed estuary habitat restoration project shall originate from a non-Federal interest consistent with State or local laws. (c) Selection of projects (1) In general The Secretary shall select estuary habitat restoration projects from a list of project proposals submitted by the Estuary Habitat Restoration Council under section 2904(b) of this title (2) Required elements Each estuary habitat restoration project selected by the Secretary must (A) address restoration needs identified in an estuary habitat restoration plan; (B) be consistent with the estuary habitat restoration strategy developed under section 2905 of this title (C) include a monitoring plan that is consistent with standards for monitoring developed under section 2906 of this title (D) include satisfactory assurance from the non-Federal interests proposing the project that the non-Federal interests will have adequate personnel, funding, and authority to carry out items of local cooperation and properly maintain the project. (3) Factors for selection of projects In selecting an estuary habitat restoration project, the Secretary shall consider the following factors: (A) Whether the project is part of an approved Federal or State estuary management or habitat restoration plan. (B) The technical feasibility of the project. (C) The scientific merit of the project. (D) Whether the project will encourage increased coordination and cooperation among Federal, State, and local government agencies. (E) Whether the project fosters public-private partnerships and uses Federal resources to encourage increased private sector involvement, including consideration of the amount of private funds or in-kind contributions for an estuary habitat restoration activity. (F) Whether the project is cost-effective. (G) Whether the State in which the non-Federal interest is proposing the project has a dedicated source of funding to acquire or restore estuary habitat, natural areas, and open spaces for the benefit of estuary habitat restoration or protection. (H) Other factors that the Secretary determines to be reasonable and necessary for consideration. (4) Priority In selecting estuary habitat restoration projects to be carried out under this chapter, the Secretary shall give priority consideration to a project if, in addition to meriting selection based on the factors under paragraph (3) (A) the project occurs within a watershed in which there is a program being carried out that addresses sources of pollution and other activities that otherwise would re-impair the restored habitat; or (B) the project includes pilot testing of or a demonstration of an innovative technology or approach having the potential for improved cost-effectiveness in estuary habitat restoration. (d) Cost sharing (1) Federal share (A) In general Except as provided in paragraph (2) and subsection (e)(2), the Federal share of the cost of an estuary habitat restoration project (other than the cost of operation and maintenance of the project) carried out under this chapter shall not exceed 65 percent of such cost. (B) Monitoring (i) Costs The costs of monitoring an estuary habitat restoration project funded under this chapter may be included in the total cost of the estuary habitat restoration project. (ii) Goals The goals of the monitoring shall be (I) to measure the effectiveness of the restoration project; and (II) to allow adaptive management to ensure project success. (2) Innovative technology costs The Federal share of the incremental additional cost of including in a project pilot testing of or a demonstration of an innovative technology or approach described in subsection (c)(4)(B) shall be 85 percent. (3) Non-Federal share The non-Federal share of the cost of an estuary habitat restoration project carried out under this chapter shall include lands, easements, rights-of-way, and relocations and may include services (including monitoring), or any other form of in-kind contribution determined by the Secretary to be an appropriate contribution equivalent to the monetary amount required for the non-Federal share of the activity. (4) Operation and maintenance The non-Federal interests shall be responsible for all costs associated with operating, maintaining, replacing, repairing, and rehabilitating all projects carried out under this section. (e) Interim actions (1) In general Pending completion of the estuary habitat restoration strategy to be developed under section 2905 of this title (2) Federal share The Federal share of the cost of an estuary habitat restoration activity before the completion of the estuary habitat restoration strategy shall not exceed 25 percent of such cost. (f) Cooperation of non-Federal interests (1) In general The Secretary may not carry out an estuary habitat restoration project until a non-Federal interest has entered into a written agreement with the Secretary in which the non-Federal interest agrees to (A) provide all lands, easements, rights-of-way, and relocations and any other elements the Secretary determines appropriate under subsection (d)(3); and (B) provide for long-term maintenance and monitoring of the project. (2) Nongovernmental organizations Notwithstanding section 1962d5b(b) of title 42 (3) Project agreements For a project carried out under this chapter, the requirements of section 2213(j)(1) of this title (g) Delegation of project implementation (1) In general In carrying out this chapter, the Secretary may delegate project implementation to another Federal department or agency on a reimbursable basis if the Secretary, upon the recommendation of the Council, determines such delegation is appropriate. (2) Small projects (A) Small project defined In this paragraph, the term small project means a project carried out under this chapter with an estimated Federal cost of less than $1,000,000. (B) Delegation of project implementation In carrying out this section, the Secretary, on recommendation of the Council, may delegate implementation of a small project to (i) the Secretary of the Interior (acting through the Director of the United States Fish and Wildlife Service); (ii) the Under Secretary for Oceans and Atmosphere of the Department of Commerce; (iii) the Administrator of the Environmental Protection Agency; or (iv) the Secretary of Agriculture. (C) Funding A small project delegated to the head of a Federal department or agency under this paragraph may be carried out using funds appropriated to the department or agency under section 2908(a)(1) of this title (D) Agreements The head of a Federal department or agency to which a small project is delegated under this paragraph shall enter into an agreement with the non-Federal interest for the project generally in conformance with the criteria in subsections (d) and (e). Cooperative agreements may be used for any delegated project to allow the non-Federal interest to carry out the project on behalf of the Federal agency. ( Pub. L. 106457, title I,  104 Nov. 7, 2000 114 Stat. 1960 Pub. L. 110114, title V,  5017(c) Nov. 8, 2007 121 Stat. 1197 Pub. L. 114322, title IV,  5013(a) Dec. 16, 2016 130 Stat. 1903  Editorial Notes Amendments 2016Subsec. (f)(3). Pub. L. 114322 2007Subsec. (a). Pub. L. 110114,  5017(c)(1) Subsec. (c)(3)(A). Pub. L. 110114,  5017(c)(2)(A) Subsec. (c)(4)(B). Pub. L. 110114,  5017(c)(2)(B) Subsec. (d)(1). Pub. L. 110114,  5017(c)(3)(A) Subsec. (d)(2). Pub. L. 110114,  5017(c)(3)(B) Subsec. (d)(3). Pub. L. 110114,  5017(c)(3)(C) Subsec. (f)(1)(B). Pub. L. 110114,  5017(c)(4) Subsec. (g). Pub. L. 110114,  5017(c)(5)  2904. Establishment of Estuary Habitat Restoration Council (a) Council There is established a council to be known as the Estuary Habitat Restoration Council. (b) Duties The Council shall be responsible for (1) soliciting, reviewing, and evaluating project proposals and developing recommendations concerning such proposals based on the factors specified in section 2903(c)(3) of this title (2) submitting to the Secretary a list of recommended projects, including a recommended priority order and any recommendation as to whether a project should be carried out by the Secretary or by another Federal department or agency under section 2903(g) of this title (3) developing and transmitting to Congress a national strategy for restoration of estuary habitat; (4) periodically reviewing the effectiveness of the national strategy in meeting the purposes of this chapter and, as necessary, updating the national strategy; (5) providing advice on the development of the database, monitoring standards, and report required under sections 2906 and 2907 of this title; (6) cooperating in the implementation of the strategy developed under section 2905 of this title (7) recommending standards for monitoring for restoration projects and contribution of project information to the database developed under section 2906 of this title (8) otherwise using the respective authorities of the Council members to carry out this chapter. (c) Membership The Council shall be composed of the following members: (1) The Secretary (or the Secretarys designee). (2) The Under Secretary for Oceans and Atmosphere of the Department of Commerce (or the Under Secretarys designee). (3) The Administrator of the Environmental Protection Agency (or the Administrators designee). (4) The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service (or such Secretarys designee). (5) The Secretary of Agriculture (or such Secretarys designee). (6) The head of any other Federal agency designated by the President to serve as an ex officio member of the Council. (d) Prohibition of compensation Members of the Council may not receive compensation for their service as members of the Council. (e) Chairperson The chairperson shall be elected by the Council from among its members for a 3-year term, except that the first elected chairperson may serve a term of fewer than 3 years. (f) Convening of Council (1) First meeting The Secretary shall convene the first meeting of the Council not later than 60 days after November 7, 2000 (2) Additional meetings The chairperson shall convene additional meetings of the Council as often as appropriate to ensure that this chapter is fully carried out, but not less often than annually. (g) Council procedures The Council shall establish procedures for voting, the conduct of meetings, and other matters, as necessary. (h) Public participation Meetings of the Council shall be open to the public. The Council shall provide notice to the public of such meetings. (i) Advice The Council shall consult with persons with recognized scientific expertise in estuary or estuary habitat restoration, representatives of State agencies, local or regional government agencies, and nongovernmental organizations with expertise in estuary or estuary habitat restoration, and representatives of Indian tribes, agricultural interests, fishing interests, and other estuary users (1) to assist the Council in the development of the estuary habitat restoration strategy to be developed under section 2905 of this title (2) to provide advice and recommendations to the Council on proposed estuary habitat restoration projects, including advice on the scientific merit, technical merit, and feasibility of a project. ( Pub. L. 106457, title I,  105 Nov. 7, 2000 114 Stat. 1962 Pub. L. 110114, title V,  5017(d) Nov. 8, 2007 121 Stat. 1198  Editorial Notes Amendments 2007Subsec. (b)(6) to (8). Pub. L. 110114  2905. Estuary habitat restoration strategy (a) In general Not later than 1 year after November 7, 2000 1 1 (b) Goal The goal of the strategy shall be the restoration of 1,000,000 acres of estuary habitat by the year 2010. (c) Integration of estuary habitat restoration plans, programs, and partnerships In developing the estuary habitat restoration strategy, the Council shall (1) conduct a review of estuary management or habitat restoration plans and Federal programs established under other laws that authorize funding for estuary habitat restoration activities; and (2) ensure that the estuary habitat restoration strategy is developed in a manner that is consistent with the estuary management or habitat restoration plans. (d) Elements of the strategy The estuary habitat restoration strategy shall include proposals, methods, and guidance on (1) maximizing the incentives for the creation of new public-private partnerships to carry out estuary habitat restoration projects and the use of Federal resources to encourage increased private sector involvement in estuary habitat restoration activities; (2) ensuring that the estuary habitat restoration strategy will be implemented in a manner that is consistent with the estuary management or habitat restoration plans; (3) promoting estuary habitat restoration projects to (A) provide healthy ecosystems in order to support (i) wildlife, including endangered and threatened species, migratory birds, and resident species of an estuary watershed; and (ii) fish and shellfish, including commercial and recreational fisheries; (B) improve surface and ground water quality and quantity, and flood control; (C) provide outdoor recreation; and (D) address other areas of concern that the Council determines to be appropriate for consideration; (4) addressing the estimated historic losses, estimated current rate of loss, and extent of the threat of future loss or degradation of each type of estuary habitat; (5) measuring the rate of change for each type of estuary habitat; (6) selecting a balance of smaller and larger estuary habitat restoration projects; and (7) ensuring equitable geographic distribution of projects funded under this chapter. (e) Public review and comment Before the Council adopts a final or revised estuary habitat restoration strategy, the Secretary shall publish in the Federal Register a draft of the estuary habitat restoration strategy and provide an opportunity for public review and comment. (f) Periodic revision Using data and information developed through project monitoring and management, and other relevant information, the Council may periodically review and update, as necessary, the estuary habitat restoration strategy. ( Pub. L. 106457, title I,  106 Nov. 7, 2000 114 Stat. 1963  2906. Monitoring of estuary habitat restoration projects (a) Under Secretary In this section, the term Under Secretary means the Under Secretary for Oceans and Atmosphere of the Department of Commerce. (b) Database of restoration project information The Under Secretary, in consultation with the Council, shall develop and maintain an appropriate database of information concerning estuary habitat restoration projects carried out under this chapter, including information on project techniques, project completion, monitoring data, and other relevant information. (c) Monitoring data standards The Under Secretary, in consultation with the Council, shall develop standard data formats for monitoring projects, along with requirements for types of data collected and frequency of monitoring. (d) Coordination of data The Under Secretary shall have general data compilation, coordination, and analysis responsibilities to carry out this chapter and in support of the strategy developed under this section, including compilation of information that pertains to estuary habitat restoration projects from other Federal, State, and local sources and that meets the quality control requirements and data standards established under this section. (e) Use of existing programs The Under Secretary shall use existing programs within the National Oceanic and Atmospheric Administration to create and maintain the database required under this section. (f) Public availability The Under Secretary shall make the information collected and maintained under this section available to the public. ( Pub. L. 106457, title I,  107 Nov. 7, 2000 114 Stat. 1964 Pub. L. 110114, title V,  5017(e) Nov. 8, 2007 121 Stat. 1198  Editorial Notes Amendments 2007Subsec. (d). Pub. L. 110114  2907. Reporting (a) In general Not later than September 30, 2008 (b) Contents of report A report under subsection (a) shall include (1) data on the number of acres of estuary habitat restored under this chapter, including descriptions of, and partners involved with, projects selected, in progress, and completed under this chapter that comprise those acres; (2) information from the database established under section 2906(b) of this title (3) an estimate of the long-term success of varying restoration techniques used in carrying out estuary habitat restoration projects; (4) a review of how the information described in paragraphs (1) through (3) has been incorporated in the selection and implementation of estuary habitat restoration projects; (5) a review of efforts made to maintain an appropriate database of restoration projects carried out under this chapter; and (6) a review of the measures taken to provide the information described in paragraphs (1) through (3) to persons with responsibility for assisting in the restoration of estuary habitat. ( Pub. L. 106457, title I,  108 Nov. 7, 2000 114 Stat. 1965 Pub. L. 110114, title V,  5017(f) Nov. 8, 2007 121 Stat. 1198  Editorial Notes Amendments 2007Subsec. (a). Pub. L. 110114 September 30, 2008 November 7, 2000  2908. Funding (a) Authorization of appropriations (1) Estuary habitat restoration projects There is authorized to be appropriated for carrying out and providing technical assistance for estuary habitat restoration projects (A) to the Secretary, $25,000,000 for each of fiscal years 2008 through 2021; (B) to the Secretary of the Interior (acting through the Director of the United States Fish and Wildlife Service), $2,500,000 for each of fiscal years 2008 through 2021; (C) to the Under Secretary for Oceans and Atmosphere of the Department of Commerce, $2,500,000 for each of fiscal years 2008 through 2021; (D) to the Administrator of the Environmental Protection Agency, $2,500,000 for each of fiscal years 2008 through 2021; and (E) to the Secretary of Agriculture, $2,500,000 for each of fiscal years 2008 through 2021. Such sums shall remain available until expended. (2) Monitoring There is authorized to be appropriated to the Under Secretary for Oceans and Atmosphere of the Department of Commerce for the acquisition, maintenance, and management of monitoring data on restoration projects carried out under this chapter and other information compiled under section 2906 of this title (b) Set-aside for administrative expenses of the Council Not to exceed 3 percent of the amounts appropriated for a fiscal year under subsection (a)(1) or $1,500,000, whichever is greater, may be used by the Secretary for administration and operation of the Council. ( Pub. L. 106457, title I,  109 Nov. 7, 2000 114 Stat. 1965 Pub. L. 110114, title V,  5017(g) Nov. 8, 2007 121 Stat. 1198 Pub. L. 114322, title IV,  5013(b) Dec. 16, 2016 130 Stat. 1903  Editorial Notes Amendments 2016Subsec. (a). Pub. L. 114322 2007Subsec. (a)(1). Pub. L. 110114,  5017(g)(1) (A) $40,000,000 for fiscal year 2001; (B) $50,000,000 for each of fiscal years 2002 and 2003; (C) $60,000,000 for fiscal year 2004; and (D) $75,000,000 for fiscal year 2005. Subsec. (a)(2). Pub. L. 110114,  5017(g)(2) section 2906 of this title  2909. General provisions (a) Agency consultation and coordination In carrying out this chapter, the Secretary shall, as necessary, consult with, cooperate with, and coordinate its activities with the activities of other Federal departments and agencies. (b) Cooperative agreements; memoranda of understanding In carrying out this chapter, the Secretary may (1) enter into cooperative agreements or contracts with Federal, State, and local government agencies, nongovernmental organizations, and other entities; and (2) execute such memoranda of understanding as are necessary to reflect the agreements. (c) Federal agency facilities and personnel Federal agencies may cooperate in carrying out scientific and other programs necessary to carry out this chapter, and may provide facilities and personnel, for the purpose of assisting the Council in carrying out its duties under this chapter. ( Pub. L. 106457, title I,  110 Nov. 7, 2000 114 Stat. 1966 Pub. L. 110114, title V,  5017(h) Nov. 8, 2007 121 Stat. 1199  Editorial Notes Amendments 2007Subsec. (b)(1). Pub. L. 110114,  5017(h)(1) Subsecs. (d), (e). Pub. L. 110114,  5017(h)(2) CHAPTER 43 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER CORPS    SUBCHAPTER IGENERAL PROVISIONS  Sec.  3001. Commissioned officer corps.  3002. Definitions.  3003. Authorized number on the active list.  3004. Strength and distribution in grade.  3005. Number of authorized commissioned officers.  3006. Obligated service requirement.  3007. Training and physical fitness.  3008. Aviation accession training programs.  3009. Use of recruiting materials for public relations.  3010. Awards and decorations.  SUBCHAPTER IIAPPOINTMENT AND PROMOTION OF OFFICERS  3021. Original appointments and reappointments.  3022. Personnel boards.  3023. Separation of ensigns found not fully qualified.  3024. Promotion by selection to permanent grades above lieutenant (junior grade).  3025. Length of service for promotion purposes.  3026. Appointments and promotions to permanent grades.  3027. General qualification of officers for promotion to higher permanent grade.  3028. Positions of importance and responsibility.  3029. Temporary appointments.  3030. Temporary appointment or advancement of commissioned officers in time of war or national emergency.  3031. Pay and allowances; date of acceptance of promotion.  3032. Service credit as deck officer or junior engineer for promotion purposes.  3033. Suspension during war or emergency.  3034. Officer candidates.  3035. Procurement of personnel.  3036. Career flexibility to enhance retention of officers.  SUBCHAPTER IIISEPARATION AND RETIREMENT OF OFFICERS  3041. Involuntary retirement or separation.  3042. Separation pay.  3043. Mandatory retirement for age.  3044. Retirement for length of service.  3045. Computation of retired pay.  3046. Retired grade and retired pay.  3047. Retired rank and pay held pursuant to other laws unaffected.  3048. Continuation on active duty; deferral of retirement.  3049. Recall to active duty.  SUBCHAPTER IVSERVICE OF OFFICERS WITH THE MILITARY DEPARTMENTS  3061. Cooperation with and transfer to military departments.  3062. Relative rank of officers when serving with Army, Navy, or Air Force.  3063. Rules and regulations when cooperating with military departments.  SUBCHAPTER VRIGHTS AND BENEFITS  3071. Applicability of certain provisions of title 10.  3071a. Applicability of certain provisions of title 37.  3072. Eligibility for veterans benefits and other rights, privileges, immunities, and benefits under certain provisions of law.  3073. Medical and dental care.  3074. Commissary privileges.  3075. Authority to use appropriated funds for transportation and reimbursement of certain items.  3076. Presentation of United States flag upon retirement.  3077. Education loan repayment program.  3078. Interest payment program.  3079. Student pre-commissioning education assistance program.  30791. Limitation on educational assistance.  3079a. Treatment of commission in commissioned officer corps as employment in Administration for purposes of certain hiring decisions.  3079b. Shore leave for professional mariners. SUBCHAPTER I GENERAL PROVISIONS  3001. Commissioned officer corps  There shall be in the National Oceanic and Atmospheric Administration a commissioned officer corps. ( Pub. L. 107372, title II,  211 Dec. 19, 2002 116 Stat. 3082  Statutory Notes and Related Subsidiaries Short Title of 2020 Amendment Pub. L. 116259,  1(a) Dec. 23, 2020 134 Stat. 1153 This Act [see Tables for classification] may be cited as the National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2020. Short Title Pub. L. 107372, title II,  201 Dec. 19, 2002 116 Stat. 3082 This title [enacting this chapter, amending section 1406 of Title 10 section 2396 of Title 22 l o section 1293 of Title 10 section 101 of Title 38  3002. Definitions (a) Applicability of definitions in title 10 Except as provided in subsection (b), the definitions provided in section 101 of title 10 (b) Additional definitions In this chapter: (1) Active duty The term active duty means full-time duty in the active service of a uniformed service. (2) Grade The term grade means a step or degree, in a graduated scale of office or rank, that is established and designated as a grade by law or regulation. (3) Officer The term officer means an officer of the commissioned corps. (4) Officer candidate The term officer candidate means an individual who is enrolled in the basic officer training program of the Administration and is under consideration for appointment as an officer under section 3021(a)(2)(A) of this title (5) Flag officer The term flag officer means an officer serving in, or having the grade of, vice admiral, rear admiral, or rear admiral (lower half). (6) Secretary The term Secretary means the Secretary of Commerce. (7) Administration The term Administration means the National Oceanic and Atmospheric Administration. (8) Under Secretary The term Under Secretary means the Under Secretary of Commerce for Oceans and Atmosphere. ( Pub. L. 107372, title II,  212 Dec. 19, 2002 116 Stat. 3082 Pub. L. 116259, title III,  305(c) Dec. 23, 2020 134 Stat. 1173 Pub. L. 117263, div. K, title CXVII,  11701 Dec. 23, 2022 136 Stat. 4156  Editorial Notes  References in Text This chapter, referred to in text, was in the original this title, meaning title II of Pub. L. 107372 Dec. 19, 2002 116 Stat. 3082 section 3001 of this title Prior Provisions Provisions similar to those in this section were contained in section 8571 of this title Pub. L. 107372 Amendments 2022Subsec. (b)(8). Pub. L. 117263 2020Subsec. (b)(4) to (7). Pub. L. 116259  3003. Authorized number on the active list (a) Annual strength on active list The annual strength of the commissioned corps in officers on the lineal list of active duty officers of the corps shall be prescribed by law. (b) Lineal list The Secretary shall maintain a list, known as the lineal list, of officers on active duty. Officers shall be carried on the lineal list by grade and, within grade, by seniority in grade. ( Pub. L. 107372, title II,  213 Dec. 19, 2002 116 Stat. 3083  3004. Strength and distribution in grade (a) Grades The commissioned grades in the commissioned officer corps of the Administration are the following, in relative rank with officers of the Navy: (1) Vice admiral. (2) Rear admiral. (3) Rear admiral (lower half). (4) Captain. (5) Commander. (6) Lieutenant commander. (7) Lieutenant. (8) Lieutenant (junior grade). (9) Ensign. (b) Grade distribution The Secretary shall prescribe, with respect to the distribution on the lineal list in grade, the percentages applicable to the grades set forth in subsection (a). (c) Annual computation of number in grade (1) In general Not less frequently than once each year, the Secretary shall make a computation to determine the number of officers on the lineal list authorized to be serving in each grade. (2) Method of computation The number in each grade shall be computed by applying the applicable percentage to the total number of such officers serving on active duty on the date the computation is made. (3) Fractions If a final fraction occurs in computing the authorized number of officers in a grade, the nearest whole number shall be taken. If the fraction is one-half, the next higher whole number shall be taken. (d) Temporary increase in numbers The total number of officers authorized by law to be on the lineal list during a fiscal year may be temporarily exceeded if the average number on that list during that fiscal year does not exceed the authorized number. (e) Positions of importance and responsibility Officers serving in positions designated under section 3028(a) of this title (f) Preservation of grade and pay No officer may be reduced in grade or pay or separated from the commissioned officer corps of the Administration as the result of a computation made to determine the authorized number of officers in the various grades. ( Pub. L. 107372, title II,  214 Dec. 19, 2002 116 Stat. 3083 Pub. L. 116259, title I,  101 Dec. 23, 2020 134 Stat. 1154  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 853a of this title Pub. L. 107372 Amendments 2020 Pub. L. 116259  3005. Number of authorized commissioned officers (a) In general The total number of authorized commissioned officers on the lineal list of the commissioned officer corps of the Administration shall not exceed 500. (b) Positions of importance and responsibility Officers serving in positions designated under section 3028 of this title (1) may not be counted in determining the total number of authorized officers on the lineal list under this section; and (2) may not count against such number. ( Pub. L. 107372, title II,  215 Dec. 19, 2002 116 Stat. 3084 Pub. L. 110386,  6 Oct. 10, 2008 122 Stat. 4108 Pub. L. 116259, title I,  102(a) Dec. 23, 2020 134 Stat. 1155  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 853a of this title Pub. L. 107372 Amendments 2020 Pub. L. 116259 Oct. 1, 2009 2008 Pub. L. 110386 (1) 270 officers for fiscal year 2003; (2) 285 officers for fiscal year 2004; and (3) 299 officers for fiscal year 2005.  3006. Obligated service requirement (a) In general (1) Regulations The Secretary shall prescribe the obligated service requirements for appointments, training, promotions, separations, continuations, and retirements of officers not otherwise covered by law. (2) Written agreements The Secretary and officers shall enter into written agreements that describe the officers obligated service requirements prescribed under paragraph (1) in return for such appointments, training, promotions, separations, continuations, and retirements as the Secretary considers appropriate. (b) Repayment for failure to satisfy requirements (1) In general The Secretary may require an officer who fails to meet the service requirements prescribed under subsection (a)(1) to reimburse the Secretary in an amount that bears the same ratio to the total costs of the training provided to that officer by the Secretary as the unserved portion of active duty bears to the total period of active duty the officer agreed to serve. (2) Obligation as debt to United States An obligation to reimburse the Secretary under paragraph (1) is, for all purposes, a debt owed to the United States. (3) Discharge in bankruptcy A discharge in bankruptcy under title 11 that is entered less than five years after the termination of a written agreement entered into under subsection (a)(2) does not discharge the individual signing the agreement from a debt arising under such agreement. (c) Waiver or suspension of compliance The Secretary may waive the service obligation of an officer who (1) becomes unqualified to serve on active duty in the commissioned officer corps of the Administration because of a circumstance not within the control of that officer; or (2) is (A) not physically qualified for appointment; and (B) determined to be unqualified for service in the commissioned officer corps of the Administration because of a physical or medical condition that was not the result of the officers own misconduct or grossly negligent conduct. ( Pub. L. 107372, title II,  216 Pub. L. 116259, title I,  103(a) Dec. 23, 2020 134 Stat. 1155  3007. Training and physical fitness (a) Training The Secretary may take such measures as may be necessary to ensure that officers are prepared to carry out their duties in the commissioned officer corps of the Administration and proficient in the skills necessary to carry out such duties. Such measures may include the following: (1) Carrying out training programs and correspondence courses, including establishing and operating a basic officer training program to provide initial indoctrination and maritime vocational training for officer candidates as well as refresher training, mid-career training, aviation training, and such other training as the Secretary considers necessary for officer development and proficiency. (2) Providing officers and officer candidates with educational materials. (3) Acquiring such equipment as may be necessary for training and instructional purposes. (b) Physical fitness The Secretary shall ensure that officers maintain a high physical state of readiness by establishing standards of physical fitness for officers that are substantially equivalent to those prescribed for officers in the Coast Guard. ( Pub. L. 107372, title II,  217 Pub. L. 116259, title I,  104(a) Dec. 23, 2020 134 Stat. 1156  3008. Aviation accession training programs (a) Definitions In this section: (1) Administrator The term Administrator means the Under Secretary of Commerce for Oceans and Atmosphere and the Administrator of the National Oceanic and Atmospheric Administration. (2) Member of the program The term member of the program means a student who is enrolled in the program. (3) Program The term program means an aviation accession training program of the commissioned officer corps of the Administration established pursuant to subsection (b). (b) Aviation accession training programs (1) Establishment authorized The Administrator, under regulations prescribed by the Secretary, shall establish and maintain one or more aviation accession training programs for the commissioned officer corps of the Administration at institutions described in paragraph (2). (2) Institutions described An institution described in this paragraph is an educational institution (A) that requests to enter into an agreement with the Administrator providing for the establishment of the program at the institution; (B) that has, as a part of its curriculum, a four-year baccalaureate program of professional flight and piloting instruction that is accredited by the Aviation Accreditation Board International; (C) that is located in a geographic area that (i) experiences a wide variation in climate-related activity, including frequent high winds, convective activity (including tornadoes), periods of low visibility, heat, and snow and ice episodes, to provide opportunities for pilots to demonstrate skill in all weather conditions compatible with future encounters during their service in the commissioned officer corps of the Administration; and (ii) has a climate that can accommodate both primary and advanced flight training activity at least 75 percent of the year; and (D) at which the Administrator determines that (i) there will be at least one student enrolled in the program; and (ii) the provisions of this section are otherwise satisfied. (3) Limitations in connection with particular institutions The program may not be established or maintained at an institution unless (A) the senior commissioned officer or employee of the commissioned officer corps of the Administration who is assigned as an advisor to the program at that institution is given the academic rank of adjunct professor; and (B) the institution fulfills the terms of its agreement with the Administrator. (4) Membership in connection with status as student At institutions at which the program is established, the membership of students in the program shall be elective, as provided by State law or the authorities of the institution concerned. (c) Membership (1) Eligibility To be eligible for membership in the program, an individual must (A) be a student at an institution at which the program is established; (B) be a citizen of the United States; (C) contract in writing, with the consent of a parent or guardian if a minor, with the Administrator, to (i) accept an appointment, if offered, as a commissioned officer in the commissioned officer corps of the Administration; and (ii) serve in the commissioned officer corps of the Administration for not fewer than four years; (D) enroll in (i) a four-year baccalaureate program of professional flight and piloting instruction; and (ii) other training or education, including basic officer training, which is prescribed by the Administrator as meeting the preliminary requirement for admission to the commissioned officer corps of the Administration; and (E) execute a certificate or take an oath relating to morality and conduct in such form as the Administrator prescribes. (2) Completion of program A member of the program may be appointed as a regular officer in the commissioned officer corps of the Administration if the member meets all requirements for appointment as such an officer. (d) Financial assistance for qualified members (1) Expenses of course of instruction (A) In general In the case of a member of the program who meets such qualifications as the Administrator establishes for purposes of this subsection, the Administrator may pay the expenses of the member in connection with pursuit of a course of professional flight and piloting instruction under the program, including tuition, fees, educational materials such as books, training, certifications, travel, and laboratory expenses. (B) Assistance after fourth academic year In the case of a member of the program described in subparagraph (A) who is enrolled in a course described in that subparagraph that has been approved by the Administrator and requires more than four academic years for completion, including elective requirements of the program, assistance under this subsection may also be provided during a fifth academic year or during a combination of a part of a fifth academic year and summer sessions. (2) Room and board In the case of a member eligible to receive assistance under paragraph (1), the Administrator may, in lieu of payment of all or part of such assistance, pay the room and board expenses of the member, and other educational expenses, of the educational institution concerned. (3) Failure to complete program or accept commission A member of the program who receives assistance under this subsection and who does not complete the course of instruction, or who completes the course but declines to accept a commission in the commissioned officer corps of the Administration when offered, shall be subject to the repayment provisions of subsection (e). (e) Repayment of unearned portion of financial assistance when conditions of payment not met (1) In general A member of the program who receives or benefits from assistance under subsection (d), and whose receipt of or benefit from such assistance is subject to the condition that the member fully satisfy the requirements of subsection (c), shall repay to the United States an amount equal to the assistance received or benefitted from if the member fails to fully satisfy such requirements and may not receive or benefit from any unpaid amounts of such assistance after the member fails to satisfy such requirements, unless the Administrator determines that the imposition of the repayment requirement and the termination of payment of unpaid amounts of such assistance with regard to the member would be (A) contrary to a personnel policy or management objective; (B) against equity and good conscience; or (C) contrary to the best interests of the United States. (2) Regulations The Administrator may establish, by regulations, procedures for determining the amount of the repayment required under this subsection and the circumstances under which an exception to repayment may be granted. The Administrator may specify in the regulations the conditions under which financial assistance to be paid to a member of the program will not be made if the member no longer satisfies the requirements in subsection (c) or qualifications in subsection (d) for such assistance. (3) Obligation as debt to United States An obligation to repay the United States under this subsection is, for all purposes, a debt owed to the United States. ( Pub. L. 107372, title II,  218 Pub. L. 116259, title I,  105(a) Dec. 23, 2020 134 Stat. 1157  3009. Use of recruiting materials for public relations  The Secretary may use for public relations purposes of the Department of Commerce any advertising materials developed for use for recruitment and retention of personnel for the commissioned officer corps of the Administration. Any such use shall be under such conditions and subject to such restrictions as the Secretary shall prescribe. ( Pub. L. 107372, title II,  219 Pub. L. 116259, title I,  106(a) Dec. 23, 2020 134 Stat. 1159  3010. Awards and decorations  The Under Secretary may provide ribbons, medals, badges, trophies, and similar devices to members of the commissioned officer corps of the Administration and to members of other uniformed services for service and achievement in support of the missions of the Administration. ( Pub. L. 107372, title II,  220 Pub. L. 117263, div. K, title CXVII,  11704(a) Dec. 23, 2022 136 Stat. 4156 SUBCHAPTER II APPOINTMENT AND PROMOTION OF OFFICERS  3021. Original appointments and reappointments (a) Original appointments (1) Grades (A) In general Except as provided in subparagraph (B), an original appointment of an officer may be made in such grades as may be appropriate for (i) the qualification, experience, and length of service of the appointee; and (ii) the commissioned officer corps of the Administration. (B) Appointment of officer candidates (i) Limitation on grade An original appointment of an officer candidate, upon graduation from the basic officer training program of the commissioned officer corps of the Administration, may not be made in any other grade than ensign. (ii) Rank Officer candidates receiving appointments as ensigns upon graduation from the basic officer training program shall take rank according to their proficiency as shown by the order of their merit at date of graduation. (2) Source of appointments An original appointment may be made from among the following: (A) Graduates of the basic officer training program of the commissioned officer corps of the Administration. (B) Subject to the approval of the Secretary of Defense, graduates of the military service academies of the United States who otherwise meet the academic standards for enrollment in the training program described in subparagraph (A). (C) Graduates of the State maritime academies who (i) otherwise meet the academic standards for enrollment in the training program described in subparagraph (A); (ii) completed at least three years of regimented training while at a State maritime academy; and (iii) obtained an unlimited tonnage or unlimited horsepower Merchant Mariner Credential from the United States Coast Guard. (D) Licensed officers of the United States merchant marine who have served two or more years aboard a vessel of the United States in the capacity of a licensed officer, who otherwise meet the academic standards for enrollment in the training program described in subparagraph (A). (3) Definitions In this subsection: (A) Military service academies of the United States The term military service academies of the United States means the following: (i) The United States Military Academy, West Point, New York. (ii) The United States Naval Academy, Annapolis, Maryland. (iii) The United States Air Force Academy, Colorado Springs, Colorado. (iv) The United States Coast Guard Academy, New London, Connecticut. (v) The United States Merchant Marine Academy, Kings Point, New York. (B) State maritime academy The term State maritime academy has the meaning given the term in section 51102 of title 46 (b) Reappointment (1) In general Except as provided in paragraph (2), an individual who previously served in the commissioned officer corps of the Administration may be appointed by the Secretary to the grade the individual held prior to separation. (2) Reappointments to higher grades An appointment under paragraph (1) to a position of importance and responsibility designated under section 3028 of this title (c) Qualifications An appointment under subsection (a) or (b) may (1) be given only to an individual who is a citizen of the United States; and (2) not be given. 1 1 (d) Order of precedence Appointees under this section shall take precedence in the grade to which appointed in accordance with the dates of their commissions as commissioned officers in such grade. The order of precedence of appointees whose dates of commission are the same shall be determined by the Secretary. (e) Inter-service transfers For inter-service transfers (as described in Department of Defense Directive 1300.4 (dated December 27, 2006 (1) coordinate with the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating to promote and streamline inter-service transfers; (2) give preference to such inter-service transfers for recruitment purposes as determined appropriate by the Secretary; and (3) reappoint such inter-service transfers to the equivalent grade in the commissioned officer corps of the Administration. ( Pub. L. 107372, title II,  221 Dec. 19, 2002 116 Stat. 3084 Pub. L. 116259, title III,  301(a) Dec. 23, 2020 134 Stat. 1169 Pub. L. 117263, div. K, title CXVII,  11702 Dec. 23, 2022 136 Stat. 4156  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 853t of this title Pub. L. 107372 Amendments 2022Subsec. (c). Pub. L. 117263 (1) be given only to an individual who is a citizen of the United States; and (2) not be given. for may not be given. 2020 Pub. L. 116259  3022. Personnel boards (a) Convening Not less frequently than once each year and at such other times as the Secretary determines necessary, the Secretary shall convene a personnel board. (b) Membership (1) In general A board convened under subsection (a) shall consist of five or more officers who are serving in or above the permanent grade of the officers under consideration by the board. (2) Retired officers Officers on the retired list may be recalled to serve on such personnel boards as the Secretary considers necessary. (3) No membership on two successive boards No officer may be a member of two successive personnel boards convened to consider officers of the same grade for promotion or separation. (c) Duties Each personnel board shall (1) recommend to the Secretary such changes as may be necessary to correct any erroneous position on the lineal list that was caused by administrative error; and (2) make selections and recommendations to the Secretary and the President for the appointment, promotion, involuntary separation, continuation, and involuntary retirement of officers in the commissioned officer corps of the Administration as prescribed in this chapter. (d) Action on recommendations not acceptable If any recommendation by a board convened under subsection (a) is not accepted by the Secretary or the President, the board shall make such further recommendations as the Secretary or the President considers appropriate. (e) Authority for officers to opt out of promotion consideration (1) In general The Director of the National Oceanic and Atmospheric Administration Commissioned Officer Corps may provide that an officer, upon the officers request and with the approval of the Director, be excluded from consideration for promotion by a personnel board convened under this section. (2) Approval The Director shall approve a request made by an officer under paragraph (1) only if (A) the basis for the request is to allow the officer to complete a broadening assignment, advanced education, another assignment of significant value to the Administration, a career progression requirement delayed by the assignment or education, or a qualifying personal or professional circumstance, as determined by the Director; (B) the Director determines the exclusion from consideration is in the best interest of the Administration; and (C) the officer has not previously failed selection for promotion to the grade for which the officer requests the exclusion from consideration. ( Pub. L. 107372, title II,  222 Dec. 19, 2002 116 Stat. 3085 Pub. L. 116259, title III,  302 Dec. 23, 2020 134 Stat. 1171  Editorial Notes  References in Text This chapter, referred to in subsec. (c)(2), was in the original this title, meaning title II of Pub. L. 107372 Dec. 19, 2002 116 Stat. 3082 section 3001 of this title Prior Provisions Provisions similar to those in this section were contained in section 853r of this title Pub. L. 107372 Amendments 2020 Pub. L. 116259  3023. Separation of ensigns found not fully qualified  If an officer in the permanent grade of ensign is at any time found not fully qualified, the officers commission shall be revoked and the officer shall be separated from the commissioned service. ( Pub. L. 107372, title II,  223 Dec. 19, 2002 116 Stat. 3085 Pub. L. 117263, div. K, title CXVII,  11703(a) Dec. 23, 2022 136 Stat. 4156  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 853e of this title Pub. L. 107372 Amendments 2022 Pub. L. 117263 Executive Documents  Delegation of Functions As amended by Pub. L. 117263 May 28, 1962 section 301 of Title 3  3024. Promotion by selection to permanent grades above lieutenant (junior grade)  Promotion to fill vacancies in each permanent grade above the grade of lieutenant (junior grade) shall be made by selection from the next lower grade upon recommendation of the personnel board. ( Pub. L. 107372, title II,  224 Dec. 19, 2002 116 Stat. 3085  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 853b of this title Pub. L. 107372  3025. Length of service for promotion purposes (a) General rule Each officer shall be assumed to have, for promotion purposes, at least the same length of service as any other officer below that officer on the lineal list. (b) Exception Notwithstanding subsection (a), an officer who has lost numbers shall be assumed to have, for promotion purposes, no greater service than the officer next above such officer in such officers new position on the lineal list. ( Pub. L. 107372, title II,  225 Dec. 19, 2002 116 Stat. 3085  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 853f of this title Pub. L. 107372  3026. Appointments and promotions to permanent grades  Appointments in and promotions to all permanent grades shall be made by the President. ( Pub. L. 107372, title II,  226 Dec. 19, 2002 116 Stat. 3085 Pub. L. 112166,  2(gg)(1) Aug. 10, 2012 126 Stat. 1290  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 853i(a) of this title Pub. L. 107372 Amendments 2012 Pub. L. 112166 Statutory Notes and Related Subsidiaries Effective Date of 2012 Amendment Amendment by Pub. L. 112166 Aug. 10, 2012 section 6(a) of Pub. L. 112166 section 113 of Title 6  3027. General qualification of officers for promotion to higher permanent grade  No officer may be promoted to a higher permanent grade on the active list until the officer has passed a satisfactory mental and physical examination in accordance with regulations prescribed by the Secretary. ( Pub. L. 107372, title II,  227 Dec. 19, 2002 116 Stat. 3085  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 854 of this title Pub. L. 107372  3028. Positions of importance and responsibility (a) Designation of positions The Secretary may designate positions in the Administration as being positions of importance and responsibility for which it is appropriate that officers of the Administration, if serving in those positions, serve in the grade of vice admiral, rear admiral, or rear admiral (lower half), as designated by the Secretary for each position. (b) Assignment of officers to designated positions The Secretary may assign officers to positions designated under subsection (a). (c) Director of NOAA Corps and Office of Marine and Aviation Operations The President shall designate one position as responsible for oversight of the vessel and aircraft fleets and for the administration of the commissioned officer corps. The President shall fill that position by appointing, by and with the advice and consent of the Senate, an officer on the lineal list serving in or above the grade of rear admiral (lower half). For the specific purpose of administering the commissioned officer corps, that position shall carry the title of Director of the National Oceanic and Atmospheric Administration Commissioned Officer Corps. For the specific purpose of administering the vessel and aircraft fleets, that position shall carry the title of Director of the Office of Marine and Aviation Operations. (d) Grade (1) Temporary appointment to grade designated for position An officer assigned to a position under this section while so serving has the grade designated for that position, if appointed to that grade by the President. (2) Reversion to permanent grade An officer who has served in a grade above captain, upon termination of the officers assignment to the position for which that appointment was made, shall, unless appointed or assigned to another position for which a higher grade is designated or immediately beginning a period of terminal leave, revert to the grade and number the officer would have occupied but for serving in a grade above that of captain. In such a case, the officer shall be an extra number in that grade. (e) Limit on number of officers appointed The total number of officers serving on active duty at any one time in the grade of rear admiral (lower half) or above may not exceed five, with only one serving in the grade of vice admiral. (f) Pay and allowances An officer appointed to a grade under this section, while serving in that grade or in a period of annual leave used at the end of the appointment, shall have the pay and allowances of the grade to which appointed. (g) Effect of appointment An appointment of an officer under this section (1) does not vacate the permanent grade held by the officer; and (2) creates a vacancy on the active list. ( Pub. L. 107372, title II,  228 Dec. 19, 2002 116 Stat. 3086 Pub. L. 112166,  2(gg)(2) Aug. 10, 2012 126 Stat. 1290 Pub. L. 116259, title III,  303 Dec. 23, 2020 134 Stat. 1171  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 853u of this title Pub. L. 107372 Amendments 2020Subsec. (c). Pub. L. 116259,  303(1) Subsec. (d)(2). Pub. L. 116259,  303(2) Subsec. (e). Pub. L. 116259,  303(3) (1) Overall limit (2) Limit by grade (A) one in the grade of vice admiral; (B) two in the grade of rear admiral; and (C) two in the grade of rear admiral (lower half). Subsec. (f). Pub. L. 116259,  303(4) 2012Subsec. (d)(1). Pub. L. 112166 Statutory Notes and Related Subsidiaries Effective Date of 2012 Amendment Amendment by Pub. L. 112166 Aug. 10, 2012 section 6(a) of Pub. L. 112166 section 113 of Title 6 Appointment of Commissioned Officers Pub. L. 98498, title III,  320(c)(2) Oct. 19, 1984 98 Stat. 2309 After the date of the enactment of this Act [ Oct. 19, 1984 84 Stat. 2090  3029. Temporary appointments (a) Appointments by President Temporary appointments in the grade of ensign, lieutenant junior grade, or lieutenant may be made by the President. (b) Termination A temporary appointment to a position under subsection (a) shall terminate upon approval of a permanent appointment for such position made by the President. (c) Order of precedence Appointees under subsection (a) shall take precedence in the grade to which appointed in accordance with the dates of their appointments as officers in such grade. The order of precedence of appointees who are appointed on the same date shall be determined by the Secretary. (d) Any one grade When determined by the Secretary to be in the best interest of the commissioned officer corps of the Administration, officers in any permanent grade may be temporarily promoted one grade by the President. Any such temporary promotion terminates upon the transfer of the officer to a new assignment. ( Pub. L. 107372, title II,  229 Dec. 19, 2002 116 Stat. 3087 Pub. L. 112166,  2(gg)(3) Aug. 10, 2012 126 Stat. 1290 Pub. L. 116259, title III,  304(a) Dec. 23, 2020 134 Stat. 1172  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 853j1 of this title Pub. L. 107372 Amendments 2020 Pub. L. 116259 2012 Pub. L. 112166 Statutory Notes and Related Subsidiaries Effective Date of 2012 Amendment Amendment by Pub. L. 112166 Aug. 10, 2012 section 6(a) of Pub. L. 112166 section 113 of Title 6 Executive Documents  Delegation of Functions Functions of President under this section delegated to Secretary of Commerce by section 1(b)(d) of Ex. Ord. No. 11023, May 28, 1962 section 301 of Title 3  3030. Temporary appointment or advancement of commissioned officers in time of war or national emergency (a) In general Officers of the Administration shall be subject in like manner and to the same extent as personnel of the Navy to all laws authorizing temporary appointment or advancement of commissioned officers in time of war or national emergency. (b) Limitations Subsection (a) shall be applied subject to the following limitations: (1) A commissioned officer in the service of a military department under section 3061 of this title (2) A commissioned officer in the service of the Administration may be temporarily promoted to fill vacancies in ranks and grades caused by the transfer of commissioned officers to the service and jurisdiction of a military department under section 3061 of this title (3) Temporary appointments may be made in all grades to which original appointments in the Administration are authorized, except that the number of officers holding temporary appointments may not exceed the number of officers transferred to a military department under section 3061 of this title ( Pub. L. 107372, title II,  230 Dec. 19, 2002 116 Stat. 3087  Editorial Notes Codification Provisions similar to this section are contained in section 854a1 of this title Executive Documents  Delegation of Functions Functions of President under subsec. (b) of this section delegated to Secretary of Commerce by section 1(h)(j) of Ex. Ord. No. 11023, May 28, 1962 section 301 of Title 3  3031. Pay and allowances; date of acceptance of promotion (a) Acceptance and date of promotion An officer of the commissioned corps who is promoted to a higher grade (1) is deemed for all purposes to have accepted the promotion upon the date the promotion is made by the President, unless the officer expressly declines the promotion; and (2) shall receive the pay and allowances of the higher grade from that date unless the officer is entitled under another provision of law to receive the pay and allowances of the higher grade from an earlier date. (b) Oath of office An officer who subscribed to the oath of office required by section 3331 of title 5 ( Pub. L. 107372, title II,  231 Dec. 19, 2002 116 Stat. 3087  Editorial Notes Codification Provisions similar to this section are contained in section 854a2 of this title  3032. Service credit as deck officer or junior engineer for promotion purposes  For purposes of promotion, there shall be counted in addition to active commissioned service, service as deck officer or junior engineer. ( Pub. L. 107372, title II,  232 Dec. 19, 2002 116 Stat. 3088  Editorial Notes Codification Provisions similar to this section are contained in section 854a of this title  3033. Suspension during war or emergency  In time of emergency declared by the President or by the Congress, and in time of war, the President is authorized, in the Presidents discretion, to suspend the operation of all or any part of the provisions of law pertaining to promotion of commissioned officers of the Administration. ( Pub. L. 107372, title II,  233 Dec. 19, 2002 116 Stat. 3088  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 853i(b) of this title Pub. L. 107372  3034. Officer candidates (a) Determination of number The Secretary shall determine the number of appointments of officer candidates. (b) Appointment Appointment of officer candidates shall be made under regulations, which the Secretary shall prescribe, including regulations with respect to determining age limits, methods of selection of officer candidates, term of service as an officer candidate before graduation from the basic officer training program of the Administration, and all other matters affecting such appointment. (c) Dismissal The Secretary may dismiss from the basic officer training program of the Administration any officer candidate who, during the officer candidates term as an officer candidate, the Secretary considers unsatisfactory in either academics or conduct, or not adapted for a career in the commissioned officer corps of the Administration. Officer candidates shall be subject to rules governing discipline prescribed by the Director of the National Oceanic and Atmospheric Administration Commissioned Officer Corps. (d) Agreement (1) In general Each officer candidate shall sign an agreement with the Secretary in accordance with section 3006(a)(2) of this title (2) Elements An agreement signed by an officer candidate under paragraph (1) shall provide that the officer candidate agrees to the following: (A) That the officer candidate will complete the course of instruction at the basic officer training program of the Administration. (B) That upon graduation from such program, the officer candidate (i) will accept an appointment, if tendered, as an officer; and (ii) will serve on active duty for at least four years immediately after such appointment. (e) Regulations The Secretary shall prescribe regulations to carry out this section. Such regulations shall include (1) standards for determining what constitutes a breach of an agreement signed under subsection (d)(1); and (2) procedures for determining whether such a breach has occurred. (f) Repayment An officer candidate or former officer candidate who does not fulfill the terms of the obligation to serve as specified under subsection (d) shall be subject to the repayment provisions of section 3006(b) of this title ( Pub. L. 107372, title II,  234 Pub. L. 116259, title III,  305(a) Dec. 23, 2020 134 Stat. 1172  3035. Procurement of personnel  The Secretary may take such measures as the Secretary determines necessary in order to obtain recruits for the commissioned officer corps of the Administration, including advertising. ( Pub. L. 107372, title II,  235 Pub. L. 116259, title III,  306(a) Dec. 23, 2020 134 Stat. 1174  3036. Career flexibility to enhance retention of officers (a) Programs authorized The Secretary may carry out a program under which officers may be inactivated from active duty in order to meet personal or professional needs and returned to active duty at the end of such period of inactivation from active duty. (b) Period of inactivation from active duty; effect of inactivation (1) In general The period of inactivation from active duty under a program under this section of an officer participating in the program shall be such period as the Secretary shall specify in the agreement of the officer under subsection (c), except that such period may not exceed three years. (2) Exclusion from retirement Any period of participation of an officer in a program under this section shall not count toward eligibility for retirement or computation of retired pay under subchapter III. (c) Agreement Each officer who participates in a program under this section shall enter into a written agreement with the Secretary under which that officer shall agree as follows: (1) To undergo during the period of the inactivation of the officer from active duty under the program such inactive duty training as the Director of the National Oceanic and Atmospheric Administration Commissioned Officer Corps shall require in order to ensure that the officer retains proficiency, at a level determined by the Director to be sufficient, in the technical skills, professional qualifications, and physical readiness of the officer during the inactivation of the officer from active duty. (2) Following completion of the period of the inactivation of the officer from active duty under the program, to serve two months on active duty for each month of the period of the inactivation of the officer from active duty under the program. (d) Conditions of release The Secretary shall (1) prescribe regulations specifying the guidelines regarding the conditions of release that must be considered and addressed in the agreement required by subsection (c); and (2) at a minimum, prescribe the procedures and standards to be used to instruct an officer on the obligations to be assumed by the officer under paragraph (1) of such subsection while the officer is released from active duty. (e) Order to active duty Under regulations prescribed by the Secretary, an officer participating in a program under this section may, in the discretion of the Secretary, be required to terminate participation in the program and be ordered to active duty. (f) Pay and allowances (1) Basic pay During each month of participation in a program under this section, an officer who participates in the program shall be paid basic pay in an amount equal to two-thirtieths of the amount of monthly basic pay to which the officer would otherwise be entitled under section 204 of title 37 (2) Special or incentive pay or bonus (A) Prohibition An officer who participates in a program under this section shall not, while participating in the program, be paid any special or incentive pay or bonus to which the officer is otherwise entitled under an agreement under chapter 5 of title 37 that is in force when the officer commences participation in the program. (B) Not treated as failure to perform services The inactivation from active duty of an officer participating in a program under this section shall not be treated as a failure of the officer to perform any period of service required of the officer in connection with an agreement for a special or incentive pay or bonus under chapter 5 of title 37 that is in force when the officer commences participation in the program. (3) Return to active duty (A) Special or incentive pay or bonus Subject to subparagraph (B), upon the return of an officer to active duty after completion by the officer of participation in a program under this section (i) any agreement entered into by the officer under chapter 5 of title 37 for the payment of a special or incentive pay or bonus that was in force when the officer commenced participation in the program shall be revived, with the term of such agreement after revival being the period of the agreement remaining to run when the officer commenced participation in the program; and (ii) any special or incentive pay or bonus shall be payable to the officer in accordance with the terms of the agreement concerned for the term specified in clause (i). (B) Limitation (i) In general Subparagraph (A) shall not apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to an officer if, at the time of the return of the officer to active duty as described in that subparagraph (I) such pay or bonus is no longer authorized by law; or (II) the officer does not satisfy eligibility criteria for such pay or bonus as in effect at the time of the return of the officer to active duty. (ii) Pay or bonus ceases being authorized Subparagraph (A) shall cease to apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to an officer if, during the term of the revived agreement of the officer under subparagraph (A)(i), such pay or bonus ceases being authorized by law. (C) Repayment An officer who is ineligible for payment of a special or incentive pay or bonus otherwise covered by this paragraph by reason of subparagraph (B)(i)(II) shall be subject to the requirements for repayment of such pay or bonus in accordance with the terms of the applicable agreement of the officer under chapter 5 of title 37. (D) Required service is additional Any service required of an officer under an agreement covered by this paragraph after the officer returns to active duty as described in subparagraph (A) shall be in addition to any service required of the officer under an agreement under subsection (c). (4) Travel and transportation allowance (A) In general Subject to subparagraph (B), an officer who participates in a program under this section is entitled, while participating in the program, to the travel and transportation allowances authorized by section 452 of title 37 (i) travel performed from the residence of the officer, at the time of release from active duty to participate in the program, to the location in the United States designated by the officer as the officers residence during the period of participation in the program; and (ii) travel performed to the residence of the officer upon return to active duty at the end of the participation of the officer in the program. (B) Single residence An allowance is payable under this paragraph only with respect to travel of an officer to and from a single residence. (5) Leave balance An officer who participates in a program under this section is entitled to carry forward the leave balance existing as of the day on which the officer begins participation and accumulated in accordance with section 701 of title 10 (g) Promotion (1) In general An officer participating in a program under this section shall not, while participating in the program, be eligible for consideration for promotion under this subchapter. (2) Return to service Upon the return of an officer to active duty after completion by the officer of participation in a program under this section (A) the Secretary may adjust the date of rank of the officer in such manner as the Secretary shall prescribe in regulations for purposes of this section; and (B) the officer shall be eligible for consideration for promotion when officers of the same competitive category, grade, and seniority are eligible for consideration for promotion. (h) Continued entitlements An officer participating in a program under this section shall, while participating in the program, be treated as a member of the uniformed services on active duty for a period of more than 30 days for purposes of (1) the entitlement of the officer and of the dependents of the officer to medical and dental care under the provisions of chapter 55 of title 10, ; and (2) retirement or separation for physical disability under the provisions of subchapter III. ( Pub. L. 107372, title II,  236 Pub. L. 116259, title III,  307(a) Dec. 23, 2020 134 Stat. 1174 Pub. L. 117263, div. A, title VI,  626(f) Dec. 23, 2022 136 Stat. 2629  Editorial Notes Amendments 2022Subsec. (f)(4)(A). Pub. L. 117263 SUBCHAPTER III SEPARATION AND RETIREMENT OF OFFICERS  3041. Involuntary retirement or separation (a) Transfer of officers to retired list; separation from service As recommended by a personnel board convened under section 3022 of this title (1) an officer in the permanent grade of captain or commander may (A) except as provided by subparagraph (B), be transferred to the retired list; or (B) if the officer is not qualified for retirement, be separated from service; and (2) an officer in the permanent grade of lieutenant commander, lieutenant, or lieutenant (junior grade) who is not qualified for retirement may be separated from the service. (b) Computations In any fiscal year, the total number of officers selected for retirement or separation under subsection (a) plus the number of officers retired for age may not exceed the whole number nearest 4 percent of the total number of officers authorized to be on the active list, except as otherwise provided by law. (c) Effective date of retirements and separations A retirement or separation under subsection (a) shall take effect on the first day of the sixth month beginning after the date on which the Secretary approves the retirement or separation, except that if the officer concerned requests an earlier retirement or separation date, the date shall be as determined by the Secretary. (d) Deferment of retirement or separation for medical reasons (1) In general If the Secretary determines that the evaluation of the medical condition of an officer requires hospitalization or medical observation that cannot be completed with confidence in a manner consistent with the officers well-being before the date on which the officer would otherwise be required to retire or be separated under this section, the Secretary may defer the retirement or separation of the officer. (2) Consent required A deferment may only be made with the written consent of the officer involved. If the officer does not provide written consent to the deferment, the officer shall be retired or separated as scheduled. (3) Limitation A deferment of retirement or separation under this subsection may not extend for more than 30 days after completion of the evaluation requiring hospitalization or medical observation. ( Pub. L. 107372, title II,  241 Dec. 19, 2002 116 Stat. 3088 Pub. L. 116259, title IV,  401 Dec. 23, 2020 134 Stat. 1177 Pub. L. 117263, div. K, title CXVII,  11705(a) Dec. 23, 2022 136 Stat. 4157  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 853g of this title Pub. L. 107372 Amendments 2022Subsec. (a)(1). Pub. L. 117263 2020Subsec. (d). Pub. L. 116259  3042. Separation pay (a) Authorization of payment An officer who is separated under section 3041(a)(2) of this title (b) Amount of separation pay (1) Six or more years In the case of an officer who has completed six or more years of continuous active service immediately before that separation, the amount of separation pay to be paid to the officer under this section is 10 percent of the product of (A) the years of active service creditable to the officer; and (B) 12 times the monthly basic pay to which the officer was entitled at the time of separation. (2) Three to six years In the case of an officer who has completed three or more but fewer than six years of continuous active service immediately before that separation, the amount of separation pay to be paid to the officer under this section is one-half of the amount computed under paragraph (1). (c) Other conditions, requirements, and administrative provisions The provisions of subsections (f), (g), and (h) of section 1174 of title 10 (d) Exception An officer discharged for twice failing selection for promotion to the next higher grade is not entitled to separation pay under this section if the officer (1) expresses a desire not to be selected for promotion; or (2) requests removal from the list of selectees. ( Pub. L. 107372, title II,  242 Dec. 19, 2002 116 Stat. 3088 Pub. L. 116259, title IV,  402 Dec. 23, 2020 134 Stat. 1178  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 853h of this title Pub. L. 107372 Amendments 2020Subsec. (d). Pub. L. 116259  3043. Mandatory retirement for age (a) Officers below grade of rear admiral (lower half) Unless retired or separated earlier, each officer on the lineal list of the commissioned corps who is serving in a grade below the grade of rear admiral (lower half) shall be retired or separated (as specified in section 1251(e) of title 10 (b) Flag officers Notwithstanding subsection (a), the President may defer the retirement of an officer serving in a position that carries a grade above captain for such period as the President considers advisable, but such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 64 years of age. ( Pub. L. 107372, title II,  243 Dec. 19, 2002 116 Stat. 3089 Pub. L. 117263, div. K, title CXVII,  11705(b) Dec. 23, 2022 136 Stat. 4157  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 853k of this title Pub. L. 107372 Amendments 2022Subsec. (a). Pub. L. 117263 section 1251(e) of title 10 Executive Documents  Delegation of Functions Functions of President under subsec. (b) of this section delegated to Secretary of Commerce by section 1(e) of Ex. Ord. No. 11023, May 28, 1962 section 301 of Title 3  3044. Retirement for length of service  An officer who has completed 20 years of service, of which at least 10 years was service as a commissioned officer, may at any time thereafter, upon application by such officer and in the discretion of the President, be placed on the retired list. ( Pub. L. 107372, title II,  244 Dec. 19, 2002 116 Stat. 3089  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 853 l Pub. L. 107372 Executive Documents  Delegation of Functions Functions of President under this section delegated to Secretary of Commerce by section 1(f) of Ex. Ord. No. 11023, May 28, 1962 section 301 of Title 3  3045. Computation of retired pay (a) Officers first becoming members before September 8, 1980 Each officer on the retired list who first became a member of a uniformed service before September 8, 1980 (1) the retired pay base determined under section 1406(g) of title 10 (2) the retired pay multiplier determined under section 1409 of such title for the number of years of service that may be credited to the officer under section 1405 of such title as if the officers service were service as a member of the Armed Forces. The retired pay so computed may not exceed 75 percent of the retired pay base. (b) Officers first becoming members on or after September 8, 1980 Each officer on the retired list who first became a member of a uniformed service on or after September 8, 1980 (1) the retired pay base determined under section 1407 of title 10 (2) the retired pay multiplier determined under section 1409 of such title for the number of years of service that may be credited to the officer under section 1405 of such title as if the officers service were service as a member of the Armed Forces. (c) Treatment of full and fractional parts of months in computing years of service (1) In general In computing the number of years of service of an officer for the purposes of subsection (a) (A) each full month of service that is in addition to the number of full years of service creditable to the officer shall be credited as 1 12 (B) any remaining fractional part of a month shall be disregarded. (2) Rounding Retired pay computed under this section, if not a multiple of $1, shall be rounded to the next lower multiple of $1. ( Pub. L. 107372, title II,  245 Dec. 19, 2002 116 Stat. 3089 Pub. L. 11492, div. A, title VI,  631(c)(3) Nov. 25, 2015 129 Stat. 844  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 853 o Pub. L. 107372 Amendments 2015Subsec. (a)(2). Pub. L. 11492 Statutory Notes and Related Subsidiaries Effective Date of 2015 Amendment; Implementation Amendment by Pub. L. 11492 Jan. 1, 2018 section 635 of Pub. L. 11492 section 8432 of Title 5  3046. Retired grade and retired pay Each officer retired pursuant to law shall be placed on the retired list with the highest grade satisfactorily held by that officer while on active duty including active duty pursuant to recall, under permanent or temporary appointment, and shall receive retired pay based on such highest grade, if (1) the officers performance of duty in such highest grade has been satisfactory, as determined by the Secretary of the department or departments under whose jurisdiction the officer served; and (2) unless retired for disability, the officers length of service in such highest grade is no less than that required by the Secretary of officers retiring under permanent appointment in that grade. ( Pub. L. 107372, title II,  246 Dec. 19, 2002 116 Stat. 3090  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in sections 853p and 8572 of this title prior to repeal by Pub. L. 107372  3047. Retired rank and pay held pursuant to other laws unaffected  Nothing in this subchapter shall prevent an officer from being placed on the retired list with the highest rank and with the highest retired pay to which the officer is entitled under any other provision of law. ( Pub. L. 107372, title II,  247 Dec. 19, 2002 116 Stat. 3090  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 853q of this title Pub. L. 107372  3048. Continuation on active duty; deferral of retirement  The provisions of subchapter IV of chapter 36 of title 10 relating to continuation on active duty and deferral of retirement shall apply to commissioned officers of the Administration. ( Pub. L. 107372, title II,  248 Dec. 19, 2002 116 Stat. 3090  3049. Recall to active duty  The provisions of chapter 39 of title 10 relating to recall of retired officers to active duty, including the limitations on such recalls, shall apply to commissioned officers of the Administration. ( Pub. L. 107372, title II,  249 Dec. 19, 2002 116 Stat. 3090 SUBCHAPTER IV SERVICE OF OFFICERS WITH THE MILITARY DEPARTMENTS  3061. Cooperation with and transfer to military departments (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. 107372, 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 Pub. L. 107372 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 section 301 of Title 3  3062. Relative rank of officers when serving with Army, Navy, or Air Force  When serving with the Army, Navy, or Air Force, an officer of the Administration shall rank with and after officers of corresponding grade in the Army, Navy, or Air Force of the same length of service in grade. Nothing in this subchapter shall be construed to affect or alter an officers rates of pay and allowances when not assigned to military duty. ( Pub. L. 107372, title II,  252 Dec. 19, 2002 116 Stat. 3091  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 856 of this title Pub. L. 107372  3063. Rules and regulations when cooperating with military departments (a) Joint regulations The Secretary of Defense and the Secretary of Commerce shall jointly prescribe regulations (1) governing the duties to be performed by the Administration in time of war; and (2) providing for the cooperation of the Administration with the military departments in time of peace in preparation for its duties in time of war. (b) Approval Regulations under subsection (a) shall not be effective unless approved by each of those Secretaries. (c) Communications Regulations under subsection (a) may provide procedures for making reports and communications between a military department and the Administration. ( Pub. L. 107372, title II,  253 Dec. 19, 2002 116 Stat. 3091  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 858 of this title Pub. L. 107372 SUBCHAPTER V RIGHTS AND BENEFITS  3071. Applicability of certain provisions of title 10 (a) Provisions made applicable to the corps The rules of law that apply to the Armed Forces under the following provisions of title 10, as those provisions are in effect from time to time, apply also to the commissioned officer corps of the Administration: (1) Chapter 40, relating to leave. (2) Section 533(b), relating to constructive service. (3) Section 716, relating to transfers between the armed forces and to and from National Oceanic and Atmospheric Administration. (4) Section 771, relating to unauthorized wearing of uniforms. (5) Section 774, relating to wearing religious apparel while in uniform. (6) Section 982, relating to service on State and local juries. (7) Section 1031, relating to administration of oaths. (8) Section 1034, relating to protected communications and prohibition of retaliatory personnel actions. (9) Section 1035, relating to deposits of savings. (10) Section 1036, relating to transportation and travel allowances for escorts for dependents of members. (11) Section 1052, relating to reimbursement for adoption expenses. (12) Section 1074n, relating to annual mental health assessments. (13) Section 1090a, relating to referrals for mental health evaluations. (14) Chapter 58, relating to the benefits and services for members being separated or recently separated. (15) Section 1174a, relating to special separation benefits (except that benefits under subsection (b)(2)(B) of such section are subject to the availability of appropriations for such purpose and are provided at the discretion of the Secretary of Commerce). (16) Chapter 61, relating to retirement or separation for physical disability. (17) Section 1251(e), relating to retirement or separation based on years of creditable service. (18) Chapter 69, relating to retired grade, except sections 1370, 1375, and 1376. (19) Chapter 71, relating to computation of retired pay. (20) Chapter 73, relating to annuities based on retired or retainer pay. (21) Subchapter II of chapter 75, relating to death benefits. (22) Subchapter I of chapter 88, relating to military family programs, applicable on an as-available and fully reimbursable basis. (23) Section 2005, relating to advanced education assistance, active duty agreements, and reimbursement requirements. (24) Section 2634, relating to transportation of motor vehicles for members on permanent change of station. (25) Sections 2731 and 2735, relating to property loss incident to service. (26) Section 2771, relating to final settlement of accounts of deceased members. (27) Such other provisions of subtitle A of that title as may be adopted for applicability to the commissioned officer corps of the National Oceanic and Atmospheric Administration by any other provision of law. (b) References The authority vested by title 10 in the military departments, the Secretary concerned, or the Secretary of Defense with respect to the provisions of law referred to in subsection (a) shall be exercised, with respect to the commissioned officer corps of the Administration, by the Secretary of Commerce or the Secretarys designee. For purposes of paragraph (8) of subsection (a), the term Inspector General in section 1034 of such title 10 shall mean the Inspector General of the Department of Commerce. (c) Regulations regarding protected communications and prohibition of retaliatory personnel actions The Secretary may prescribe regulations to carry out the application of section 1034 of title 10 ( Pub. L. 107372, title II,  261 Dec. 19, 2002 116 Stat. 3091 Pub. L. 116259, title II Dec. 23, 2020 134 Stat. 1166 Pub. L. 117263, div. K, title CXVII,  11705(c) Dec. 23, 2022 136 Stat. 4157  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 857a of this title Pub. L. 107372 Amendments 2022Subsec. (a)(17) to (27). Pub. L. 117263 2020Subsec. (a). Pub. L. 116259,  207(a) Pub. L. 116259,  205(a) Subsec. (b). Pub. L. 116259,  207(b) Subsec. (c). Pub. L. 116259,  207(c)  3071a. Applicability of certain provisions of title 37 The provisions of law applicable to the Armed Forces under the following provisions of title 37 shall apply to the commissioned officer corps of the Administration: (1) Section 403( l (2) Section 415, relating to initial uniform allowances. (3) Section 488, relating to allowances for recruiting expenses. ( Pub. L. 107372, title II,  261A Pub. L. 116259, title II,  206(a) Dec. 23, 2020 134 Stat. 1167  3072. Eligibility for veterans benefits and other rights, privileges, immunities, and benefits under certain provisions of law (a) In general Active service of officers of the Administration shall be deemed to be active military service for the purposes of all rights, privileges, immunities, and benefits under the following: (1) Laws administered by the Secretary of Veterans Affairs. (2) The Servicemembers Civil Relief Act [ 50 U.S.C. 3901 (3)  Section 410 of title 42 September 1, 1950 (b) Exercise of authority In the administration of the laws and regulations referred to in subsection (a), with respect to the Administration, the authority vested in the Secretary of Defense and the Secretaries of the military departments and their respective departments shall be exercised by the Secretary of Commerce. ( Pub. L. 107372, title II,  262 Dec. 19, 2002 116 Stat. 3092 Pub. L. 108189,  2(g) Dec. 19, 2003 117 Stat. 2866  Editorial Notes  References in Text The Servicemembers Civil Relief Act, referred to in subsec. (a)(2), is act Oct. 17, 1940, ch. 888 54 Stat. 1178 Prior Provisions Provisions similar to those in this section were contained in sections 857 and 8573(a) of this title prior to repeal by Pub. L. 107372 Amendments 2003Subsec. (a)(2). Pub. L. 108189  3073. Medical and dental care  The Secretary may provide medical and dental care, including care in private facilities, for personnel of the Administration entitled to that care by law or regulation. ( Pub. L. 107372, title II,  263 Dec. 19, 2002 116 Stat. 3093  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 8573(b) of this title Pub. L. 107372  3074. Commissary privileges (a) Extension of privilege Commissioned officers, ships officers, and members of crews of vessels of the Administration shall be permitted to purchase commissary and quartermaster supplies as far as available from the Armed Forces at the prices charged officers and enlisted members of the Armed Forces. (b) Sales of rations, stores, uniforms, and related equipment The Secretary may purchase ration supplies for messes, stores, uniforms, accouterments, and related equipment for sale aboard ship and shore stations of the Administration to members of the uniformed services and to personnel assigned to such ships or shore stations. Sales shall be in accordance with regulations prescribed by the Secretary, and proceeds therefrom shall, as far as is practicable, fully reimburse the appropriations charged without regard to fiscal year. (c) Surviving spouses rights Rights extended to members of the uniformed services in this section are extended to their surviving spouses and to such others as are designated by the Secretary concerned. ( Pub. L. 107372, title II,  264 Dec. 19, 2002 116 Stat. 3093  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 8574 of this title Pub. L. 107372  3075. Authority to use appropriated funds for transportation and reimbursement of certain items (a) Transportation of effects of deceased officers In the case of an officer who dies on active duty, the Secretary may provide, from appropriations made available to the Administration, transportation (including packing, unpacking, crating, and uncrating) of personal and household effects of that officer to the official residence of record of that officer. However, upon application by the dependents of such an officer, such transportation may be provided to such other location as may be determined by the Secretary. (b) Reimbursement for supplies furnished by officers to distressed and shipwrecked persons Under regulations prescribed by the Secretary, appropriations made available to the Administration may be used to reimburse an officer for food, clothing, medicines, and other supplies furnished by the officer (1) for the temporary relief of distressed persons in remote localities; or (2) to shipwrecked persons who are temporarily provided for by the officer. ( Pub. L. 107372, title II,  265 Dec. 19, 2002 116 Stat. 3093  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 874 of this title Pub. L. 107372  3076. Presentation of United States flag upon retirement (a) Presentation of flag upon retirement Upon the release of a commissioned officer from active commissioned service for retirement, the Secretary shall present a United States flag to the officer. (b) Multiple presentations not authorized An officer is not eligible for presentation of a flag under subsection (a) if the officer has previously been presented a flag under this section or any other provision of law providing for the presentation of a United States flag incident to release from active service for retirement. (c) No cost to recipient The presentation of a flag under this section shall be at no cost to the recipient. ( Pub. L. 107372, title II,  266 Dec. 19, 2002 116 Stat. 3093  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 853v of this title Pub. L. 107372  3077. Education loan repayment program (a) Authority to repay education loans For the purpose of maintaining adequate numbers of officers of the commissioned officer corps of the Administration on active duty who have skills required by the commissioned officer corps, the Secretary may repay, in the case of a person described in subsection (b), a loan that (1) was used by the person to finance education; and (2) was obtained from a governmental entity, private financial institution, educational institution, or other authorized entity. (b) Eligible persons To be eligible to obtain a loan repayment under this section, a person must (1) satisfy one of the requirements specified in subsection (c); (2) be fully qualified for, or hold, an appointment as a commissioned officer in the commissioned officer corps of the Administration; and (3) sign a written agreement to serve on active duty, or, if on active duty, to remain on active duty for a period in addition to any other incurred active duty obligation. (c) Academic and professional requirements One of the following academic requirements must be satisfied for purposes of determining the eligibility of an individual for a loan repayment under this section: (1) The person is fully qualified in a profession that the Secretary has determined to be necessary to meet identified skill shortages in the commissioned officer corps of the Administration. (2) The person is enrolled as a full-time student in the final year of a course of study at an accredited educational institution (as determined by the Secretary of Education) leading to a degree in a profession that will meet identified skill shortages in the commissioned officer corps of the Administration. (d) Loan repayments (1) In general Subject to the limits established under paragraph (2), a loan repayment under this section may consist of the payment of the principal, interest, and related expenses of a loan obtained by a person described in subsection (b). (2) Limitation on amount For each year of obligated service that a person agrees to serve in an agreement described in subsection (b)(3), the Secretary may pay not more than the amount specified in section 2173(e)(2) of title 10 (e) Active duty service obligation (1) In general A person entering into an agreement described in subsection (b)(3) incurs an active duty service obligation. (2) Length of obligation determined under regulations (A) In general Except as provided in subparagraph (B), the length of the obligation under paragraph (1) shall be determined under regulations prescribed by the Secretary. (B) Minimum obligation The regulations prescribed under subparagraph (A) may not provide for a period of obligation of less than one year for each maximum annual amount, or portion thereof, paid on behalf of the person for qualified loans. (3) Persons on active duty before entering into agreement The active duty service obligation of persons on active duty before entering into the agreement shall be served after the conclusion of any other obligation incurred under the agreement. (4) Concurrent completion of service obligations A service obligation under this section may be completed concurrently with a service obligation under section 3006 of this title (f) Effect of failure to complete obligation (1) Alternative obligations An officer who is relieved of the officers active duty obligation under this section before the completion of that obligation may be given any alternative obligation, at the discretion of the Secretary. (2) Repayment An officer who does not complete the period of active duty specified in the agreement entered into under subsection (b)(3), or the alternative obligation imposed under paragraph (1), shall be subject to the repayment provisions under section 3006 of this title (g) Rulemaking The Secretary shall prescribe regulations to carry out this section, including (1) standards for qualified loans and authorized payees; and (2) other terms and conditions for the making of loan repayments. ( Pub. L. 107372, title II,  267 Pub. L. 116259, title II,  201(a) Dec. 23, 2020 134 Stat. 1160  3078. Interest payment program (a) Authority The Secretary may pay the interest and any special allowances that accrue on one or more student loans of an eligible officer, in accordance with this section. (b) Eligible officers An officer is eligible for the benefit described in subsection (a) while the officer (1) is serving on active duty; (2) has not completed more than three years of service on active duty; (3) is the debtor on one or more unpaid loans described in subsection (c); and (4) is not in default on any such loan. (c) Student loans The authority to make payments under subsection (a) may be exercised with respect to the following loans: (1) A loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1071 (2) A loan made under part D of such title ( 20 U.S.C. 1087a (3) A loan made under part E of such title ( 20 U.S.C. 1087aa (d) Maximum benefit Interest and any special allowance may be paid on behalf of an officer under this section for any of the 36 consecutive months during which the officer is eligible under subsection (b). (e) Coordination with Secretary of Education (1) In general The Secretary shall consult with the Secretary of Education regarding the administration of this section. (2) Reimbursement authorized The Secretary is authorized to reimburse the Secretary of Education (A) for the funds necessary to pay interest and special allowances on student loans under this section (in accordance with sections 428( o l 20 U.S.C. 1078 o l 1 1 (B) for any reasonable administrative costs incurred by the Secretary of Education in coordinating the program under this section with the administration of the student loan programs under parts B, D, and E of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1071 (f) Special allowance defined In this section, the term special allowance means a special allowance that is payable under section 438 of the Higher Education Act of 1965 ( 20 U.S.C. 10871 ( Pub. L. 107372, title II,  268 Pub. L. 116259, title II,  202(a) Dec. 23, 2020 134 Stat. 1162  Editorial Notes  References in Text The Higher Education Act of 1965, referred to in subsecs. (c) and (e)(2)(B), is Pub. L. 89329 Nov. 8, 1965 79 Stat. 1219 section 1 of Pub. L. 89329 section 1001 of Title 20  3079. Student pre-commissioning education assistance program (a) Authority to provide financial assistance For the purpose of maintaining adequate numbers of officers of the commissioned officer corps of the Administration on active duty, the Secretary may provide financial assistance to a person described in subsection (b) for expenses of the person while the person is pursuing on a full-time basis at an accredited educational institution (as determined by the Secretary of Education) a program of education approved by the Secretary that leads to (1) a baccalaureate degree in not more than five academic years; or (2) a postbaccalaureate degree. (b) Eligible persons (1) In general A person is eligible to obtain financial assistance under subsection (a) if the person (A) is enrolled on a full-time basis in a program of education referred to in subsection (a) at any educational institution described in such subsection; (B) meets all of the requirements for acceptance into the commissioned officer corps of the Administration except for the completion of a baccalaureate degree; and (C) enters into a written agreement with the Secretary described in paragraph (2). (2) Agreement A written agreement referred to in paragraph (1)(C) is an agreement between the person and the Secretary in which the person (A) agrees to accept an appointment as an officer, if tendered; and (B) upon completion of the persons educational program, agrees to serve on active duty, immediately after appointment, for (i) up to three years if the person received less than three years of assistance; and (ii) up to five years if the person received at least three years of assistance. (c) Qualifying expenses Expenses for which financial assistance may be provided under subsection (a) are the following: (1) Tuition and fees charged by the educational institution involved. (2) The cost of educational materials. (3) In the case of a program of education leading to a baccalaureate degree, laboratory expenses. (4) Such other expenses as the Secretary considers appropriate. (d) Limitation on amount The Secretary shall prescribe the amount of financial assistance provided to a person under subsection (a), which may not exceed the amount specified in section 2173(e)(2) of title 10 (e) Duration of assistance Financial assistance may be provided to a person under subsection (a) for not more than five consecutive academic years. (f) Subsistence allowance (1) In general A person who receives financial assistance under subsection (a) shall be entitled to a monthly subsistence allowance at a rate prescribed under paragraph (2) for the duration of the period for which the person receives such financial assistance. (2) Determination of amount The Secretary shall prescribe monthly rates for subsistence allowance provided under paragraph (1), which shall be equal to the amount specified in section 2144(a) of title 10 (g) Initial clothing allowance (1) Training The Secretary may prescribe a sum which shall be credited to each person who receives financial assistance under subsection (a) to cover the cost of the persons initial clothing and equipment issue. (2) Appointment Upon completion of the program of education for which a person receives financial assistance under subsection (a) and acceptance of appointment in the commissioned officer corps of the Administration, the person may be issued a subsequent clothing allowance equivalent to that normally provided to a newly appointed officer. (h) Termination of financial assistance (1) In general The Secretary shall terminate the assistance provided to a person under this section if (A) the Secretary accepts a request by the person to be released from an agreement described in subsection (b)(2); (B) the misconduct of the person results in a failure to complete the period of active duty required under the agreement; or (C) the person fails to fulfill any term or condition of the agreement. (2) Reimbursement The Secretary may require a person who receives assistance described in subsection (c), (f), or (g) under an agreement entered into under subsection (b)(1)(C) to reimburse the Secretary in an amount that bears the same ratio to the total costs of the assistance provided to that person as the unserved portion of active duty bears to the total period of active duty the officer agreed to serve under the agreement. (3) Waiver The Secretary may waive the service obligation of a person through an agreement entered into under subsection (b)(1)(C) if the person (A) becomes unqualified to serve on active duty in the commissioned officer corps of the Administration because of a circumstance not within the control of that person; or (B) is (i) not physically qualified for appointment; and (ii) determined to be unqualified for service in the commissioned officer corps of the Administration because of a physical or medical condition that was not the result of the persons own misconduct or grossly negligent conduct. (4) Obligation as debt to United States An obligation to reimburse the Secretary imposed under paragraph (2) is, for all purposes, a debt owed to the United States. (5) Discharge in bankruptcy A discharge in bankruptcy under title 11 that is entered less than five years after the termination of a written agreement entered into under subsection (b)(1)(C) does not discharge the person signing the agreement from a debt arising under such agreement or under paragraph (2). (i) Regulations The Secretary may prescribe such regulations and orders as the Secretary considers appropriate to carry out this section. (j) Concurrent completion of service obligations A service obligation under this section may be completed concurrently with a service obligation under section 3006 of this title ( Pub. L. 107372, title II,  269 Pub. L. 116259, title II,  203(a) Dec. 23, 2020 134 Stat. 1163  30791. Limitation on educational assistance (a) In general Each fiscal year, beginning with the fiscal year in which this Act is enacted, the Secretary of Commerce shall ensure that the total amount expended by the Secretary under section 3077 of this title section 3078 of this title section 3079 of this title (1) the total amount the Secretary would pay in that fiscal year to officer candidates under section 203(f)(1) of title 37 (2) the total amount the Secretary actually pays in that fiscal year to officer candidates under section 203(f)(1) of such title. (b) Officer candidate defined In this section, the term officer candidate has the meaning given the term in paragraph (4) of section 3002(b) of this title ( Pub. L. 116259, title II,  204 Dec. 23, 2020 134 Stat. 1165  Editorial Notes  References in Text The fiscal year in which this Act is enacted, referred to in subsec. (a), means the fiscal year in which Pub. L. 116259 Pub. L. 116259 Dec. 23, 2020 Sections 201(a), 202(a), 203(a), and 305 (c) and (d), referred to in text, mean those respective sections of Pub. L. 116259 Codification Section was enacted as part of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2020, and not as part of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 which comprises this chapter.  3079a. Treatment of commission in commissioned officer corps as employment in Administration for purposes of certain hiring decisions (a) In general In any case in which the Secretary accepts an application for a position of employment with the Administration and limits consideration of applications for such position to applications submitted by individuals serving in a career or career-conditional position in the competitive service within the Administration, the Secretary shall deem an officer who has served as an officer in the commissioned officer corps of the Administration for at least three years to be serving in a career or career-conditional position in the competitive service within the Administration for purposes of such limitation. (b) Career appointments If the Secretary selects an application submitted by an officer described in subsection (a) for a position described in such subsection, the Secretary shall give such officer a career or career-conditional appointment in the competitive service, as appropriate. (c) Competitive service defined In this section, the term competitive service has the meaning given the term in section 2102 of title 5 ( Pub. L. 107372, title II,  269A Pub. L. 116259, title II,  209(a) Dec. 23, 2020 134 Stat. 1168  3079b. Shore leave for professional mariners (a) In general The Under Secretary may prescribe regulations relating to shore leave for professional mariners without regard to the requirements of section 6305 of title 5 (b) Requirements The regulations prescribed under subsection (a) shall (1) require that a professional mariner serving aboard an ocean-going vessel be granted a leave of absence of 4 days per pay period; and (2) provide that a professional mariner serving in a temporary promotion position aboard a vessel may be paid the difference between such mariners temporary and permanent rates of pay for leave accrued while serving in the temporary promotion position. (c) Professional mariner defined In this section, the term professional mariner means an individual employed on a vessel of the Administration who has the necessary expertise to serve in the engineering, deck, steward, electronic technician, or survey department. ( Pub. L. 107372, title II,  269B Pub. L. 117263, div. K, title CXVII,  11706(a) Dec. 23, 2022 136 Stat. 4157 CHAPTER 44 OCEANS AND HUMAN HEALTH    Sec.  3101. Interagency oceans and human health research program.  3102. National Oceanic and Atmospheric Administration Oceans and Human Health Initiative.  3103. Public information and outreach.  3104. Authorization of appropriations.  3101. Interagency oceans and human health research program (a) Coordination The President, through the National Science and Technology Council, shall coordinate and support a national research program to improve understanding of the role of the oceans in human health. (b) Implementation plan Within 1 year after December 8, 2004 1 1 (1) establish, for the 10-year period beginning in the year it is submitted, the goals and priorities for Federal research which most effectively advance scientific understanding of the connections between the oceans and human health, provide usable information for the prediction of marine-related public health problems and use the biological potential of the oceans for development of new treatments of human diseases and a greater understanding of human biology; (2) describe specific activities required to achieve such goals and priorities, including the funding of competitive research grants, ocean and coastal observations, training and support for scientists, and participation in international research efforts; (3) identify and address, as appropriate, relevant programs and activities of the Federal agencies and departments that would contribute to the program; (4) identify alternatives for preventive unnecessary duplication of effort among Federal agencies and departments with respect to the program; (5) consider and use, as appropriate, reports and studies conducted by Federal agencies and departments, the National Research Council, the Ocean Research Advisory Panel, the Commission on Ocean Policy and other expert scientific bodies; (6) make recommendations for the coordination of program activities with ocean and human health-related activities of other national and international organizations; and (7) estimate Federal funding for research activities to be conducted under the program. (c) Program scope The program may include the following activities related to the role of oceans in human health: (1) Interdisciplinary research among the ocean and medical sciences, and coordinated research and activities to improve understanding of processes within the ocean that may affect human health and to explore the potential contribution of marine organisms to medicine and research, including (A) vector- and water-borne diseases of humans and marine organisms, including marine mammals and fish; (B) harmful algal blooms and hypoxia (through the Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia); (C) marine-derived pharmaceuticals; (D) marine organisms as models for biomedical research and as indicators of marine environmental health; (E) marine environmental microbiology; (F) bioaccumulative and endocrine-disrupting chemical contaminants; and (G) predictive models based on indicators of marine environmental health or public health threats. (2) Coordination with the National Ocean Research Leadership Council ( 10 U.S.C. 8932(a) 1 (3) Development through partnerships among Federal agencies, States, academic institutions, or non-profit research organizations of new technologies and approaches for detecting and reducing hazards to human health from ocean sources and to strengthen understanding of the value of marine biodiversity to biomedicine, including (A) genomics and proteomics to develop genetic and immunological detection approaches and predictive tools and to discover new biomedical resources; (B) biomaterials and bioengineering; (C) in situ and remote sensors used to detect, quantify, and predict the presence and spread of contaminants in marine waters and organisms and to identify new genetic resources for biomedical purposes; (D) techniques for supplying marine resources, including chemical synthesis, culturing and aquaculturing marine organisms, new fermentation methods and recombinant techniques; and (E) adaptation of equipment and technologies from human health fields. (4) Support for scholars, trainees and education opportunities that encourage an interdisciplinary and international approach to exploring the diversity of life in the oceans. (d) Annual report Beginning with the first year occurring more than 24 months after December 8, 2004 (1) a summary of the achievements of Federal oceans and human health research, including Federally supported external research, during the preceding fiscal year; (2) an analysis of the progress made toward achieving the goals and objectives of the plan developed under subsection (b), including identification of trends and emerging trends; (3) a copy or summary of the plan and any changes made in the plan; (4) a summary of agency budgets for oceans and human health activities for that preceding fiscal year; and (5) any recommendations regarding additional action or legislation that may be required to assist in achieving the purposes of this chapter. ( Pub. L. 108447, div. B, title IX,  902 Dec. 8, 2004 118 Stat. 2930 Pub. L. 115232, div. A, title VIII,  809(k)(1) Aug. 13, 2018 132 Stat. 1843  Editorial Notes  References in Text Section 4001 of this title 16 U.S.C. 1451 section 603 of Pub. L. 105383 section 1451 of Title 16 section 4001 of this title The reference to the National Ocean Research Leadership Council ( 10 U.S.C. 8932(a) section 8932 of title 10 Pub. L. 116283 Amendments 2018Subsec. (c)(2). Pub. L. 115232 10 U.S.C. 8932(a) 10 U.S.C. 7902(a) Statutory Notes and Related Subsidiaries Effective Date of 2018 Amendment Amendment by Pub. L. 115232 Feb. 1, 2019 section 800 of Pub. L. 115232 section 3001 of Title 10 Short Title Pub. L. 108447, div. B, title IX,  901 Dec. 8, 2004 118 Stat. 2930 This title [enacting this chapter] may be cited as the Oceans and Human Health Act.  3102. National Oceanic and Atmospheric Administration Oceans and Human Health Initiative (a) Establishment As part of the interagency oceans and human health research program, the Secretary of Commerce is authorized to establish an Oceans and Human Health Initiative to coordinate and implement research and activities of the National Oceanic and Atmospheric Administration related to the role of the oceans, the coasts, and the Great Lakes in human health. In carrying out this section, the Secretary shall consult with other Federal agencies conducting integrated oceans and human health research and research in related areas, including the National Science Foundation. The Oceans and Human Health Initiative is authorized to provide support for (1) centralized program and research coordination; (2) an advisory panel; (3) one or more National Oceanic and Atmospheric Administration national centers of excellence; (4) research grants; and (5) distinguished scholars and traineeships. (b) Advisory panel The Secretary is authorized to establish an oceans and human health advisory panel to assist in the development and implementation of the Oceans and Human Health Initiative. Membership of the advisory group shall provide for balanced representation of individuals with multi-disciplinary expertise in the marine and biomedical sciences. Chapter 10 of title 5 shall not apply to the oceans and human health advisory panel. (c) National centers (1) The Secretary is authorized to identify and provide financial support through a competitive process to develop, within the National Oceanic and Atmospheric Administration, for one or more centers of excellence that strengthen the capabilities of the National Oceanic and Atmospheric Administration to carry out its programs and activities related to the oceans role in human health. (2) The centers shall focus on areas related to agency missions, including use of marine organisms as indicators for marine environmental health, ocean pollutants, marine toxins and pathogens, harmful algal blooms, hypoxia, seafood testing, identification of potential marine products, and biology and pathobiology of marine mammals, and on disciplines including marine genomics, marine environmental microbiology, ecological chemistry and conservation medicine. (3) In selecting centers for funding, the Secretary will give priority to proposals with strong interdisciplinary scientific merit that encourage educational opportunities and provide for effective partnerships among the Administration, other Federal entities, State, academic, non-profit research organizations, medical, and industry participants. (d) Extramural research grants (1) The Secretary is authorized to provide grants of financial assistance to the scientific community for critical research and projects that explore the relationship between the oceans and human health and that complement or strengthen programs and activities of the National Oceanic and Atmospheric Administration related to the oceans 1 1 (2) Grants under this subsection shall be awarded through a competitive peer-reviewed, merit-based process that may be conducted jointly with other agencies participating in the interagency program. (e) Traineeships The Secretary of Commerce is authorized to establish a program to provide traineeships, training, and experience to pre-doctoral and post-doctoral students and to scientists at the beginning of their careers who are interested in the oceans in human health research conducted under the NOAA initiative. ( Pub. L. 108447, div. B, title IX,  903 Dec. 8, 2004 118 Stat. 2933 Pub. L. 117286,  4(a)(206) Dec. 27, 2022 136 Stat. 4328  Editorial Notes Amendments 2022Subsec. (b). Pub. L. 117286  3103. Public information and outreach  The Secretary of Commerce, in consultation with other Federal agencies, and in cooperation with the National Sea Grant program, shall design and implement a program to disseminate information developed under the NOAA Oceans and Human Health Initiative, including research, assessments, and findings regarding the relationship between oceans and human health, on both a regional and national scale. The information, particularly with respect to potential health risks, shall be made available in a timely manner to appropriate Federal or State agencies, involved industries, and other interested persons through a variety of means, including through the Internet. ( Pub. L. 108447, div. B, title IX,  904 Dec. 8, 2004 118 Stat. 2934 Pub. L. 114327, title VI,  601 Dec. 16, 2016 130 Stat. 1998  Editorial Notes Amendments 2016 Pub. L. 114327  3104. Authorization of appropriations  There are authorized to be appropriated to the Secretary of Commerce to carry out the National Oceanic and Atmospheric Administration Oceans and Human Health Initiative, $60,000,000 for fiscal years 2005 through 2008. Not less than 50 percent of the amounts appropriated to carry out the initiative shall be utilized in each fiscal year to support the extramural grant and traineeship programs of the Initiative. ( Pub. L. 108447, div. B, title IX,  905 Dec. 8, 2004 118 Stat. 2934 CHAPTER 45 TSUNAMI WARNING AND EDUCATION    Sec.  3201. Definitions.  3202. Purposes.  3203. Tsunami forecasting and warning program.  3204. National tsunami hazard mitigation program.  3205. Tsunami research program.  3206. Global tsunami warning and mitigation network.  3206a. Tsunami Science and Technology Advisory Panel.  3207. Authorization of appropriations.  3208. Outreach responsibilities.  3201. Definitions In this chapter: (1) The term Administration means the National Oceanic and Atmospheric Administration. (2) The term Administrator means the Administrator of the National Oceanic and Atmospheric Administration. ( Pub. L. 109424,  2 Dec. 20, 2006 120 Stat. 2902 Pub. L. 109479, title VIII,  802 Jan. 12, 2007 120 Stat. 3653 Pub. L. 11525, title V,  512(a) Apr. 18, 2017 131 Stat. 128  Editorial Notes Codification Pub. L. 109424 Pub. L. 109479 Pub. L. 109424 section 512(a) of Pub. L. 11525 Statutory Notes and Related Subsidiaries Short Title of 2017 Amendment Pub. L. 11525, title V,  501 Apr. 18, 2017 131 Stat. 115 This title [enacting sections 3206a and 3208 of this title, amending this section and sections 3202 to 3207 of this title, and enacting and repealing provisions set out as notes under this section] may be cited as the Tsunami Warning, Education, and Research Act of 2017. Short Title Pub. L. 109479, title VIII,  801 Jan. 12, 2007 120 Stat. 3653 This title [enacting this chapter] may be cited as the Tsunami Warning and Education Act. Pub. L. 109424,  1 Dec. 20, 2006 120 Stat. 2902 Pub. L. 109424 Pub. L. 11525, title V,  512(a) Apr. 18, 2017 131 Stat. 128 Construction Pub. L. 11525, title V,  512(b) Apr. 18, 2017 131 Stat. 128 Nothing in this section [repealing Pub. L. 109424 Public Law 109479 33 U.S.C. 3201  3202. Purposes The purposes of this chapter are (1) to improve tsunami detection, forecasting, warnings, research, notification, outreach, and mitigation to protect life and property in the United States; (2) to enhance and modernize the existing United States Tsunami Warning System to increase the accuracy of forecasts and warnings, to ensure full coverage of tsunami threats to the United States with a network of detection assets, and to reduce false alarms; (3) to improve and develop standards and guidelines for mapping, modeling, and assessment efforts to improve tsunami detection, forecasting, warnings, notification, mitigation, resiliency, response, outreach, and recovery; (4) to improve research efforts related to improving tsunami detection, forecasting, warnings, notification, mitigation, resiliency, response, outreach, and recovery; (5) to improve, increase, and develop uniform standards and guidelines for education and outreach activities and ensure that those receiving tsunami warnings and the at-risk public know what to do when a tsunami is approaching, including the warning signs of locally generated tsunami; (6) to provide technical and other assistance to speed international efforts to establish regional tsunami warning systems in vulnerable areas worldwide; (7) to foster resilient communities in the face of tsunami and other similar coastal hazards; and (8) to improve Federal, State, and international coordination for detection, warnings, and outreach for tsunami and other coastal impacts. ( Pub. L. 109424,  3 Dec. 20, 2006 120 Stat. 2902 Pub. L. 109479, title VIII,  803 Jan. 12, 2007 120 Stat. 3653 Pub. L. 11525, title V Apr. 18, 2017 131 Stat. 115  Editorial Notes Codification Pub. L. 109424 Pub. L. 109479 Pub. L. 109424 section 512(a) of Pub. L. 11525 Amendments 2017Par. (1). Pub. L. 11525,  503(1) Par. (2). Pub. L. 11525,  503(2) Par. (3). Pub. L. 11525,  503(3) Par. (4). Pub. L. 11525,  503(5) Par. (5). Pub. L. 11525,  503(4) Par. (6). Pub. L. 11525,  503(4) Par. (7). Pub. L. 11525,  503(8) Par. (8). Pub. L. 11525,  503(4)  3203. Tsunami forecasting and warning program (a) In general The Administrator, through the National Weather Service and in consultation with other relevant Administration offices, shall operate a program to provide tsunami detection, forecasting, and warnings for the Pacific and Arctic Ocean regions and for the Atlantic Ocean region, including the Caribbean Sea and the Gulf of Mexico. (b) Components The program under this section shall (1) include the tsunami warning centers supported or maintained under subsection (d); (2) to the degree practicable, maintain not less than 80 percent of the Deep-ocean Assessment and Reporting of Tsunamis buoy array at operational capacity to optimize data reliability; (3) utilize and maintain an array of robust tsunami detection technologies; (4) maintain detection equipment in operational condition to fulfill the detection, forecasting, and warning requirements of this chapter; (5) provide tsunami forecasting capability based on models and measurements, including tsunami inundation models and maps for use in increasing the preparedness of communities and safeguarding port and harbor operations, that incorporate inputs, including (A) the United States and global ocean and coastal observing system; (B) the global Earth observing system; (C) the global seismic network; (D) the Advanced National Seismic system; (E) tsunami model validation using historical and paleotsunami data; (F) digital elevation models and bathymetry; and (G) newly developing tsunami detection methodologies using satellites and airborne remote sensing; (6) maintain data quality and management systems to support the requirements of the program; (7) include a cooperative effort among the Administration, the United States Geological Survey, and the National Science Foundation under which the Director of the United States Geological Survey and the Director of the National Science Foundation shall (A) provide rapid and reliable seismic information to the Administrator from international and domestic seismic networks; and (B) support seismic stations installed before April 18, 2017 (8) provide a capability for the dissemination of warnings, including graphical warning products, to at-risk States, territories, and tsunami communities through rapid and reliable notification to government officials and the public, including utilization of and coordination with existing Federal warning systems, including the National Oceanic and Atmospheric Administration Weather Radio All Hazards Program and Wireless Emergency Alerts; (9) provide and allow, as practicable, for integration of tsunami detection technologies with other environmental observing technologies and commercial and Federal undersea communications cables; and (10) include any technology the Administrator considers appropriate to fulfill the objectives of the program under this section. (c) Tsunami warning system The program under this section shall operate a tsunami warning system that (1) is capable of forecasting tsunami, including forecasting tsunami arrival time and inundation estimates, anywhere in the Pacific and Arctic Ocean regions and providing adequate warnings; (2) is capable of forecasting and providing adequate warnings, including tsunami arrival time and inundation models where applicable, in areas of the Atlantic Ocean, including the Caribbean Sea and Gulf of Mexico, that are determined (A) to be geologically active, or to have significant potential for geological activity; and (B) to pose significant risks of tsunami for States along the coastal areas of the Atlantic Ocean, Caribbean Sea, or Gulf of Mexico; and (3) supports other international tsunami forecasting and warning efforts. (d) Tsunami warning centers (1) In general The Administrator shall support or maintain centers to support the tsunami warning system required by subsection (c). The Centers 1 1 (A) the National Tsunami Warning Center, located in Alaska, which is primarily responsible for Alaska and the continental United States; (B) the Pacific Tsunami Warning Center, located in Hawaii, which is primarily responsible for Hawaii, the Caribbean, and other areas of the Pacific not covered by the National Center; and (C) any additional forecast and warning centers determined by the National Weather Service to be necessary. (2) Responsibilities The responsibilities of the centers supported or maintained under paragraph (1) shall include the following: (A) Continuously monitoring data from seismological, deep ocean, coastal sea level, and tidal monitoring stations and other data sources as may be developed and deployed. (B) Evaluating earthquakes, landslides, and volcanic eruptions that have the potential to generate tsunami. (C) Evaluating deep ocean buoy data and tidal monitoring stations for indications of tsunami resulting from earthquakes and other sources. (D) To the extent practicable, utilizing a range of models, including ensemble models, to predict tsunami, including arrival times, flooding estimates, coastal and harbor currents, and duration. (E) Using data from the Integrated Ocean Observing System of the Administration in coordination with regional associations to calculate new inundation estimates and periodically update existing inundation estimates. (F) Disseminating forecasts and tsunami warning bulletins to Federal, State, tribal, and local government officials and the public. (G) Coordinating with the tsunami hazard mitigation program conducted under section 3204 of this title (H) In coordination with the Commandant of the Coast Guard and the Administrator of the Federal Emergency Management Agency, evaluating and recommending procedures for ports and harbors at risk of tsunami inundation, including review of readiness, response, and communication strategies, and data sharing policies, to the maximum extent practicable. (I) Making data gathered under this chapter and post-warning analyses conducted by the National Weather Service or other relevant Administration offices available to the public. (J) Integrating and modernizing the program operated under this section with advances in tsunami science to improve performance without compromising service. (3) Fail-safe warning capability The tsunami warning centers supported or maintained under paragraph (1) shall maintain a fail-safe warning capability and perform back-up duties for each other. (4) Coordination with National Weather Service The Administrator shall coordinate with the forecast offices of the National Weather Service, the centers supported or maintained under paragraph (1), and such program offices of the Administration as the Administrator or the coordinating committee, as established in section 3204(d) 2 2 (A) have the technical knowledge and capability to disseminate tsunami warnings for the communities they serve; (B) leverage connections with local emergency management officials for optimally disseminating tsunami warnings and forecasts; and (C) implement mass communication tools in effect on the day before April 18, 2017 (5) Uniform operating procedures The Administrator shall (A) develop uniform operational procedures for the centers supported or maintained under paragraph (1), including the use of software applications, checklists, decision support tools, and tsunami warning products that have been standardized across the program supported under this section; (B) ensure that processes and products of the warning system operated under subsection (c) (i) reflect industry best practices when practicable; (ii) conform to the maximum extent practicable with internationally recognized standards for information technology; and (iii) conform to the maximum extent practicable with other warning products and practices of the National Weather Service; (C) ensure that future adjustments to operational protocols, processes, and warning products (i) are made consistently across the warning system operated under subsection (c); and (ii) are applied in a uniform manner across such warning system; (D) establish a systematic method for information technology product development to improve long-term technology planning efforts; and (E) disseminate guidelines and metrics for evaluating and improving tsunami forecast models. (6) Available resources The Administrator, through the National Weather Service, shall ensure that resources are available to fulfill the obligations of this chapter. This includes ensuring supercomputing resources are available to run, as rapidly as possible, such computer models as are needed for purposes of the tsunami warning system operated under subsection (c). (e) Transfer of technology; maintenance and upgrades In carrying out this section, the Administrator shall (1) develop requirements for the equipment used to forecast tsunami, including (A) provisions for multipurpose detection platforms; (B) reliability and performance metrics; and (C) to the maximum extent practicable, requirements for the integration of equipment with other United States and global ocean and coastal observation systems, the global Earth observing system of systems, the global seismic networks, and the Advanced National Seismic System; (2) develop and execute a plan for the transfer of technology from ongoing research conducted as part of the program supported or maintained under section 3205 of this title (3) ensure that the Administrations operational tsunami detection equipment is properly maintained. (f) Federal cooperation When deploying and maintaining tsunami detection technologies under the program under this section, the Administrator shall (1) identify which assets of other Federal agencies are necessary to support such program; and (2) work with each agency identified under paragraph (1) (A) to acquire the agencys assistance; and (B) to prioritize the necessary assets in support of the tsunami forecast and warning program. (g) Congressional notifications (1) In general The Administrator shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science of the House of Representatives within 30 days of (A) impaired regional forecasting capabilities due to equipment or system failures; (B) significant contractor failures or delays in completing work associated with the tsunami forecasting and warning system; and (C) the occurrence of a significant tsunami warning. (2) Contents In a case in which notice is submitted under paragraph (1) within 30 days of a significant tsunami warning described in subparagraph (C) of such paragraph, such notice shall include, as appropriate, brief information and analysis of (A) the accuracy of the tsunami model used; (B) the specific deep ocean or other monitoring equipment that detected the incident, as well as the deep ocean or other monitoring equipment that did not detect the incident due to malfunction or other reasons; (C) the effectiveness of the warning communication, including the dissemination of warnings with State, territory, local, and tribal partners in the affected area under the jurisdiction of the National Weather Service; and (D) such other findings as the Administrator considers appropriate. ( Pub. L. 109424,  4 Dec. 20, 2006 120 Stat. 2903 Pub. L. 109479, title VIII,  804 Jan. 12, 2007 120 Stat. 3654 Pub. L. 11525, title V Apr. 18, 2017 131 Stat. 116  Editorial Notes  References in Text Section 3205 of this title section 6 of Pub. L. 109424 section 806 of Pub. L. 109479 section 3205 of this title Section 6 of Pub. L. 109424 section 512(a) of Pub. L. 11525 Codification Pub. L. 109424 Pub. L. 109479 Pub. L. 109424 section 512(a) of Pub. L. 11525 Amendments 2017Subsec. (a). Pub. L. 11525,  504(a) Subsec. (b)(1). Pub. L. 11525,  504(b)(1) Subsec. (b)(2). Pub. L. 11525,  504(b)(4) Subsec. (b)(3), (4). Pub. L. 11525,  504(b)(3) Subsec. (b)(5). Pub. L. 11525,  504(b)(5) Pub. L. 11525,  504(b)(3) Subsec. (b)(6). Pub. L. 11525,  504(b)(3) Subsec. (b)(7). Pub. L. 11525,  504(b)(6) Pub. L. 11525,  504(b)(3) Subsec. (b)(8). Pub. L. 11525,  504(b)(2) Subsec. (b)(9). Pub. L. 11525,  504(b)(2) Subsec. (b)(10). Pub. L. 11525,  504(b)(2) Subsec. (c). Pub. L. 11525,  504(c) Subsec. (d). Pub. L. 11525,  504(d) Subsec. (e). Pub. L. 11525,  504(e) Subsec. (f). Pub. L. 11525,  504(f) Subsec. (g). Pub. L. 11525,  504(h) Pub. L. 11525,  504(g)(1) Subsec. (h). Pub. L. 11525,  504(g)(3) Subsecs. (i) to (k). Pub. L. 11525,  504(g)(2) Statutory Notes and Related Subsidiaries  Change of Name Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007 Jan. 5, 2011  3204. National tsunami hazard mitigation program (a) Program required The Administrator, in coordination with the Administrator of the Federal Emergency Management Agency and the heads of such other agencies as the Administrator considers relevant, shall conduct a community-based tsunami hazard mitigation program to improve tsunami preparedness and resiliency of at-risk areas in the United States and the territories of the United States. (b) Coordinating committee In conducting the program under this section, the Administrator shall establish a coordinating committee comprising representatives of Federal, State, local, and tribal government officials. The Administrator may establish subcommittees to address region-specific issues. The committee shall (1) recommend how funds appropriated for carrying out the program under this section will be allocated; (2) ensure that areas described in section 3203(c) of this title (3) provide recommendations to the National Weather Service on how to improve the TsunamiReady program, particularly on ways to make communities more tsunami resilient through the use of inundation maps and other mitigation practices; and (4) ensure that all components of the program are integrated with ongoing hazard warning and risk management activities, emergency response plans, and mitigation programs in affected areas, including integrating information to assist in tsunami evacuation route planning. (c) Program components The Program conducted under subsection (a) shall include the following: (1) Technical and financial assistance to coastal States, territories, tribes, and local governments to develop and implement activities under this section. (2) Integration of tsunami preparedness and mitigation programs into ongoing State-based hazard warning, resilience planning, and risk management activities, including predisaster planning, emergency response, evacuation planning, disaster recovery, hazard mitigation, and community development and redevelopment planning programs in affected areas. (3) Coordination with other Federal preparedness and mitigation programs to leverage Federal investment, avoid duplication, and maximize effort. (4) Activities to promote the adoption of tsunami resilience, preparedness, warning, and mitigation measures by Federal, State, territorial, tribal, and local governments and nongovernmental entities, including educational and risk communication programs to discourage development in high-risk areas. (5) Activities to support the development of regional tsunami hazard and risk assessments. Such regional risk assessments may include the following: (A) The sources, sizes, and other relevant historical data of tsunami in the region, including paleotsunami data. (B) Inundation models and maps of critical infrastructure and socioeconomic vulnerability in areas subject to tsunami inundation. (C) Maps of evacuation areas and evacuation routes, including, when appropriate, traffic studies that evaluate the viability of evacuation routes. (D) Evaluations of the size of populations that will require evacuation, including populations with special evacuation needs. (E) Evaluations and technical assistance for vertical evacuation structure planning for communities where models indicate limited or no ability for timely evacuation, especially in areas at risk of near shore generated tsunami. (F) Evaluation of at-risk ports and harbors. (G) Evaluation of the effect of tsunami currents on the foundations of closely-spaced, coastal high-rise structures. (6) Activities to promote preparedness in at-risk ports and harbors, including the following: (A) Evaluation and recommendation of procedures for ports and harbors in the event of a distant or near-field tsunami. (B) A review of readiness, response, and communication strategies to ensure coordination and data sharing with the Coast Guard. (7) Activities to support the development of community-based outreach and education programs to ensure community readiness and resilience, including the following: (A) The development, implementation, and assessment of technical training and public education programs, including education programs that address unique characteristics of distant and near-field tsunami. (B) The development of decision support tools. (C) The incorporation of social science research into community readiness and resilience efforts. (D) The development of evidence-based education guidelines. (8) Dissemination of guidelines and standards for community planning, education, and training products, programs, and tools, including (A) standards for (i) mapping products; (ii) inundation models; and (iii) effective emergency exercises; and (B) recommended guidance for at-risk port and harbor tsunami warning, evacuation, and response procedures in coordination with the Coast Guard and the Federal Emergency Management Agency. (d) Authorized activities In addition to activities conducted under subsection (c), the program conducted under subsection (a) may include the following: (1) Multidisciplinary vulnerability assessment research, education, and training to help integrate risk management and resilience objectives with community development planning and policies. (2) Risk management training for local officials and community organizations to enhance understanding and preparedness. (3) In coordination with the Federal Emergency Management Agency, interagency, Federal, State, tribal, and territorial intergovernmental tsunami response exercise planning and implementation in high risk areas. (4) Development of practical applications for existing or emerging technologies, such as modeling, remote sensing, geospatial technology, engineering, and observing systems, including the integration of tsunami sensors into Federal and commercial submarine telecommunication cables if practicable. (5) Risk management, risk assessment, and resilience data and information services, including (A) access to data and products derived from observing and detection systems; and (B) development and maintenance of new integrated data products to support risk management, risk assessment, and resilience programs. (6) Risk notification systems that coordinate with and build upon existing systems and actively engage decisionmakers, State, local, tribal, and territorial governments and agencies, business communities, nongovernmental organizations, and the media. (e) No preemption with respect to designation of at-risk areas The establishment of national standards for inundation models under this section shall not prevent States, territories, tribes, and local governments from designating additional areas as being at risk based on knowledge of local conditions. (f) No new regulatory authority Nothing in this chapter may be construed as establishing new regulatory authority for any Federal agency. ( Pub. L. 109424,  5 Dec. 20, 2006 120 Stat. 2906 Pub. L. 109479, title VIII,  805 Jan. 12, 2007 120 Stat. 3657 Pub. L. 11525, title V Apr. 18, 2017 131 Stat. 121  Editorial Notes Codification Pub. L. 109424 Pub. L. 109479 Pub. L. 109424 section 512(a) of Pub. L. 11525 Amendments 2017Subsec. (a). Pub. L. 11525,  505(a) Subsecs. (c) to (f). Pub. L. 11525,  505(b)  3205. Tsunami research program (a) In general The Administrator shall, in consultation with such other Federal agencies, State, tribal, and territorial governments, and academic institutions as the Administrator considers appropriate, the coordinating committee under section 3204(d) 1 1 section 3206a(a) of this title (b) Responsibilities The research program supported or maintained under subsection (a) shall (1) consider other appropriate and cost effective solutions to mitigate the impact of tsunami, including the improvement of near-field and distant tsunami detection and forecasting capabilities, which may include use of a new generation of the Deep-ocean Assessment and Reporting of Tsunamis array, integration of tsunami sensors into commercial and Federal telecommunications cables, and other real-time tsunami monitoring systems and supercomputer capacity of the Administration to develop a rapid tsunami forecast for all United States coastlines; (2) coordinate with the National Weather Service on technology to be transferred to operations; (3) conduct social science research to develop and assess community warning, education, and evacuation materials; (4) develop the technical basis for validation of tsunami maps, numerical tsunami models, digital elevation models, and forecasts; and (5) ensure that research and findings are available to the public and the scientific community. ( Pub. L. 109424,  6 Dec. 20, 2006 120 Stat. 2907 Pub. L. 109479, title VIII,  806 Jan. 12, 2007 120 Stat. 3658 Pub. L. 11525, title V Apr. 18, 2017 131 Stat. 123  Editorial Notes Codification Pub. L. 109424 Pub. L. 109479 Pub. L. 109424 section 512(a) of Pub. L. 11525 Amendments 2017 Pub. L. 11525,  506(1) Subsec. (a). Pub. L. 11525,  506(1) section 3204(d) of this title section 3206a(a) of this title section 3204(b) of this title Subsec. (b). Pub. L. 11525,  506(2) Subsec. (b)(1). Pub. L. 11525,  506(3)(A) Subsec. (b)(3). Pub. L. 11525,  506(3)(B) Subsec. (b)(4). Pub. L. 11525,  506(3)(D) Subsec. (b)(5). Pub. L. 11525,  506(3)(C)  3206. Global tsunami warning and mitigation network (a) Support for development of an international tsunami warning system The Administrator shall, in coordination with the Secretary of State and in consultation with such other agencies as the Administrator considers relevant, provide technical assistance, operational support, and training to the Intergovernmental Oceanographic Commission of the United Nations Educational, Scientific, and Cultural Organization, the World Meteorological Organization of the United Nations, and such other international entities as the Administrator considers appropriate, as part of the international efforts to develop a fully functional global tsunami forecast and warning system comprised of regional tsunami warning networks. (b) International Tsunami Information Center The Administrator, through the National Weather Service and in consultation with other relevant Administration offices, in cooperation with the Intergovernmental Oceanographic Commission, may operate an International Tsunami Information Center to improve tsunami preparedness for all Pacific Ocean nations participating in the International Tsunami Warning System of the Pacific, and may also provide such assistance to other nations participating in a global tsunami warning system established through the Intergovernmental Oceanographic Commission. As part of its responsibilities around the world, the Center may (1) monitor international tsunami warning activities around the world; (2) assist member states in establishing national warning systems, and make information available on current technologies for tsunami warning systems; (3) maintain a library of materials to promulgate knowledge about tsunami in general and for use by the scientific community; and (4) disseminate information, including educational materials and research reports. (c) Detection equipment; technical advice and training In carrying out this section, the National Weather Service (1) shall give priority to assisting nations in identifying vulnerable coastal areas, creating inundation maps, obtaining or designing real-time detection and reporting equipment, and supporting communication and warning networks and contact points in each vulnerable nation; (2) may support a process for transfer of detection and communication technology to affected nations for the purposes of supporting the international tsunami warning system; and (3) shall provide technical and other assistance to support international tsunami programs. (d) Data-sharing requirement The National Weather Service, when deciding to provide assistance under this section, may take into consideration the data sharing policies and practices of nations proposed to receive such assistance, with a goal to encourage all nations to support full and open exchange of data. ( Pub. L. 109424,  7 Dec. 20, 2006 120 Stat. 2907 Pub. L. 109479, title VIII,  807 Jan. 12, 2007 120 Stat. 3659 Pub. L. 11525, title V Apr. 18, 2017 131 Stat. 124  Editorial Notes Codification Pub. L. 109424 Pub. L. 109479 Pub. L. 109424 section 512(a) of Pub. L. 11525 Amendments 2017Subsec. (a). Pub. L. 11525,  507(1) Subsec. (b). Pub. L. 11525,  507(2) Subsec. (c)(1). Pub. L. 11525,  507(3)(A) Subsec. (c)(2). Pub. L. 11525,  507(3)(B)  3206a. Tsunami Science and Technology Advisory Panel (a) Designation The Administrator shall designate an existing working group within the Science Advisory Board of the Administration to serve as the Tsunami Science and Technology Advisory Panel to provide advice to the Administrator on matters regarding tsunami science, technology, and regional preparedness. (b) Membership (1) Composition The Panel shall be composed of no fewer than 7 members selected by the Administrator from among individuals from academia or State agencies who have academic or practical expertise in physical sciences, social sciences, information technology, coastal resilience, emergency management, or such other disciplines as the Administrator considers appropriate. (2) Federal employment No member of the Panel may be a Federal employee. (c) Responsibilities Not less frequently than once every 4 years, the Panel shall (1) review the activities of the Administration, and other Federal activities as appropriate, relating to tsunami research, detection, forecasting, warning, mitigation, resiliency, and preparation; and (2) submit to the Administrator and such others as the Administrator considers appropriate (A) the findings of the working group with respect to the most recent review conducted under paragraph (1); and (B) such recommendations for legislative or administrative action as the working group considers appropriate to improve Federal tsunami research, detection, forecasting, warning, mitigation, resiliency, and preparation. (d) Reports to Congress Not less frequently than once every 4 years, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Science, Space, and Technology of the House of Representatives a report on the findings and recommendations received by the Administrator under subsection (c)(2). ( Pub. L. 109479, title VIII,  808 Pub. L. 11525, title V,  508(a)(2) Apr. 18, 2017 131 Stat. 125  Editorial Notes Prior Provisions A prior section 808 of Pub. L. 109479 section 3207 of this title  3207. Authorization of appropriations There are authorized to be appropriated to the Administrator to carry out this chapter (1) $25,000,000 for fiscal year 2008, of which (A) not less than 27 percent of the amount appropriated shall be for the tsunami hazard mitigation program under section 3204 of this title (B) not less than 8 percent of the amount appropriated shall be for the tsunami research program under section 3205 of this title (2) $26,000,000 for fiscal year 2009, of which (A) not less than 27 percent of the amount appropriated shall be for the tsunami hazard mitigation program under section 3204 of this title (B) not less than 8 percent of the amount appropriated shall be for the tsunami research program under section 3205 of this title (3) $27,000,000 for fiscal year 2010, of which (A) not less than 27 percent of the amount appropriated shall be for the tsunami hazard mitigation program under section 3204 of this title (B) not less than 8 percent of the amount appropriated shall be for the tsunami research program under section 3205 of this title (4) $28,000,000 for fiscal year 2011, of which (A) not less than 27 percent of the amount appropriated shall be for the tsunami hazard mitigation program under section 3204 of this title (B) not less than 8 percent of the amount appropriated shall be for the tsunami research program under section 3205 of this title (5) $29,000,000 for fiscal year 2012, of which (A) not less than 27 percent of the amount appropriated shall be for the tsunami hazard mitigation program under section 3204 of this title (B) not less than 8 percent of the amount appropriated shall be for the tsunami research program under section 3205 of this title (6) $25,800,000 for each of fiscal years 2016 through 2021, of which (A) not less than 27 percent of the amount appropriated for each fiscal year shall be for activities conducted at the State level under the tsunami hazard mitigation program under section 3204 of this title (B) not less than 8 percent of the amount appropriated shall be for the tsunami research program under section 3205 of this title ( Pub. L. 109424,  8 Dec. 20, 2006 120 Stat. 2908 Pub. L. 109479, title VIII,  809 Jan. 12, 2007 120 Stat. 3660 Pub. L. 11525, title V Apr. 18, 2017 131 Stat. 124  Editorial Notes Codification Pub. L. 109424 Pub. L. 109479 Pub. L. 109424 section 512(a) of Pub. L. 11525 Amendments 2017Par. (6). Pub. L. 11525,  510 Pub. L. 11525 section 508(a)(1) of Pub. L. 11525  3208. Outreach responsibilities The Administrator of the National Oceanic and Atmospheric Administration, in coordination with State and local emergency managers, shall develop and carry out formal outreach activities to improve tsunami education and awareness and foster the development of resilient communities. Outreach activities may include (1) the development of outreach plans to ensure the close integration of tsunami warning centers supported or maintained under section 3203(d) of this title (2) working with appropriate local Weather Forecast Offices to ensure they have the technical knowledge and capability to disseminate tsunami warnings to the communities they serve; and (3) evaluating the effectiveness of warnings and of coordination with local Weather Forecast Offices after significant tsunami events. ( Pub. L. 11525, title V,  511 Apr. 18, 2017 131 Stat. 127  Editorial Notes  References in Text Section 3203(d) of this title section 3203(d) of this title Pub. L. 11525 Codification Section was enacted as part of the Tsunami Warning, Education, and Research Act of 2017, and also as part of the Weather Research and Forecasting Innovation Act of 2017, and not as part of the Tsunami Warning and Education Act which comprises this chapter. Statutory Notes and Related Subsidiaries  Definitions For definition of State as used in this section, see section 8501 of Title 15 CHAPTER 46 NATIONAL LEVEE SAFETY PROGRAM    Sec.  3301. Definitions.  3302. Committee on Levee Safety.  3303. Inventory and inspection of levees.  3303a. Levee safety initiative.  3303b. Reports.  3304. Limitations on statutory construction.  3305. Authorization of appropriations.  3306. Certain levee improvements.  3307. Assessment of Corps of Engineers levees.  3301. Definitions In this chapter, the following definitions apply: (1) Administrator The term Administrator means the Administrator of the Federal Emergency Management Agency. (2) Canal structure (A) In general The term canal structure means an embankment, wall, or structure along a canal or manmade watercourse that (i) constrains water flows; (ii) is subject to frequent water loading; and (iii) is an integral part of a flood risk reduction system that protects the leveed area from flood waters associated with hurricanes, precipitation events, seasonal high water, and other weather-related events. (B) Exclusion The term canal structure does not include a barrier across a watercourse. (3) Committee The term committee means the Committee on Levee Safety established by section 3302(a) of this title (4) Floodplain management The term floodplain management means the operation of a community program of corrective and preventative measures for reducing flood damage. (5) Indian tribe The term Indian tribe has the meaning given the term in section 5304 of title 25 (6) Inspection The term inspection means an actual inspection of a levee (A) to establish the global information system location of the levee; (B) to determine the general condition of the levee; and (C) to estimate the number of structures and population at risk and protected by the levee that would be adversely impacted if the levee fails or water levels exceed the height of the levee. (7) Levee (A) In general The term levee means a manmade barrier (such as an embankment, floodwall, or other structure) (i) the primary purpose of which is to provide hurricane, storm, or flood protection relating to seasonal high water, storm surges, precipitation, or other weather events; and (ii) that is normally subject to water loading for only a few days or weeks during a calendar year. (B) Inclusions The term levee includes a levee system, including (i) levees and canal structures that (I) constrain water flows; (II) are subject to more frequent water loading; and (III) do not constitute a barrier across a watercourse; and (ii) roadway and railroad embankments, but only to the extent that the embankments are integral to the performance of a flood damage reduction system. (C) Exclusions The term levee does not include (i) a roadway or railroad embankment that is not integral to the performance of a flood damage reduction system; (ii) a canal constructed completely within natural ground without any manmade structure (such as an embankment or retaining wall to retain water or a case in which water is retained only by natural ground); (iii) a canal regulated by a Federal or State agency in a manner that ensures that applicable Federal safety criteria are met; (iv) a levee or canal structure (I) that is not a part of a Federal flood damage reduction system; (II) that is not recognized under the National Flood Insurance Program as providing protection from the 1-percent-annual-chance or greater flood; (III) that is not greater than 3 feet high; (IV) the population in the leveed area of which is less than 50 individuals; and (V) the leveed area of which is less than 1,000 acres; or (v) any shoreline protection or river bank protection system (such as revetments or barrier islands). (8) Levee feature The term levee feature means a structure that is critical to the functioning of a levee, including (A) an embankment section; (B) a floodwall section; (C) a closure structure; (D) a pumping station; (E) an interior drainage work; and (F) a flood damage reduction channel. (9) Levee system The term levee system means 1 or more levee segments, including all levee features that are interconnected and necessary to ensure protection of the associated leveed areas (A) that collectively provide flood damage reduction to a defined area; and (B) the failure of 1 of which may result in the failure of the entire system. (10) National levee database The term national levee database means the levee database established under section 3303 of this title (11) Participating program The term participating program means a levee safety program developed by a State, regional district, or Indian tribe that includes the minimum components necessary for recognition by the Secretary. (12) Regional district The term regional district means a subdivision of a State government, or a subdivision of multiple State governments, that is authorized to acquire, construct, operate, and maintain projects for the purpose of flood damage reduction. (13) Rehabilitation (A) In general The term rehabilitation means the repair, replacement, reconstruction, removal of a levee, or reconfiguration of a levee system, including a setback levee, that is carried out to reduce flood risk, increase resiliency to extreme weather events, or meet national levee safety guidelines. (B) Inclusions The term rehabilitation includes improvements to a levee in conjunction with any repair, replacement, reconstruction, or reconfiguration. (14) Risk The term risk means a measure of the probability and severity of undesirable consequences. (15) State The term State means (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. (16) State levee safety agency The term State levee safety agency means the agency of a State that has regulatory authority over the safety of any non-Federal levee in the State. (17) United States The term United States, when used in a geographical sense, means all of the States. ( Pub. L. 110114, title IX,  9002 Nov. 8, 2007 121 Stat. 1288 Pub. L. 113121, title III,  3016(b) June 10, 2014 128 Stat. 1289 Pub. L. 114322, title I,  1130(a) Dec. 16, 2016 130 Stat. 1650 Pub. L. 117263, div. H, title LXXXI,  8387(a) Dec. 23, 2022 136 Stat. 3830  Editorial Notes Amendments 2022Par. (13). Pub. L. 117263 2016Par. (11). Pub. L. 114322,  1130(a)(1) Pars. (12) to (17). Pub. L. 114322,  1130(a)(2) 2014Pars. (1) to (6). Pub. L. 113121,  3016(b)(1) Par. (7). Pub. L. 113121,  3016(b)(4) Pub. L. 113121,  3016(b)(1) Pars. (8) to (16). Pub. L. 113121,  3016(b)(1) Statutory Notes and Related Subsidiaries Short Title Pub. L. 110114, title IX,  9001(a) Nov. 8, 2007 121 Stat. 1288 Pub. L. 113121, title III,  3016(a)(1) June 10, 2014 128 Stat. 1289 This title [enacting this chapter] may be cited as the National Levee Safety Act of 2007. Purposes of the Safety Program Pub. L. 110114, title IX,  9001(b) Pub. L. 113121, title III,  3016(a)(3) June 10, 2014 128 Stat. 1289  The purposes of this title [enacting this chapter] are (1) to ensure that human lives and property that are protected by new and existing levees are safe; (2) to encourage the use of appropriate engineering policies, procedures, and technical practices for levee site investigation, design, construction, operation and maintenance, inspection, assessment, and emergency preparedness; (3) to develop and support public education and awareness projects to increase public acceptance and support of levee safety programs and provide information; (4) to build public awareness of the residual risks associated with living in levee protected areas; (5) to develop technical assistance materials, seminars, and guidelines to improve the security of levees of the United States; and (6) to encourage the establishment of effective State and tribal levee safety programs.  3302. Committee on Levee Safety (a) Establishment There is established a committee to be known as the Committee on Levee Safety. (b) Membership The committee shall be composed of 16 members as follows: (1)  Nonvoting members The following 2 nonvoting members: (A) The Secretary (or a designee of the Secretary). (B) The Administrator (or a designee of the Administrator). (2) The following 14 voting members appointed by the Secretary: (A) Eight representatives of State levee safety agencies, one from each of the eight civil works divisions of the Corps of Engineers. (B) Two representatives of the private sector who have expertise in levee safety. (C) Two representatives of local and regional governmental agencies who have expertise in levee safety. (D) Two representatives of Indian tribes who have expertise in levee safety. (c) Administration (1) Terms of voting members (A) In general A voting member of the committee shall be appointed for a term of 3 years, except that, of the members first appointed (i) 5 shall be appointed for a term of 1 year; (ii) 5 shall be appointed for a term of 2 years; and (iii) 4 shall be appointed for a term of 3 years. (B) Reappointment A voting member of the committee may be reappointed to the committee, as the Secretary determines to be appropriate. (C) Vacancies A vacancy on the committee shall be filled in the same manner as the original appointment was made. (2) Chairperson (A) In general The voting members of the committee shall appoint a chairperson from among the voting members of the committee. (B) Term The chairperson shall serve a term of not more than 2 years. (d) Standing committees (1) In general The committee may establish standing committees comprised of volunteers from all levels of government and the private sector, to advise the committee regarding specific levee safety issues, including participating programs, technical issues, public education and awareness, and safety and the environment. (2) Membership The committee shall recommend to the Secretary for approval individuals for membership on the standing committees. (e) Duties and powers The committee (1) shall submit to the Secretary and Congress an annual report regarding the effectiveness of the levee safety initiative in accordance with section 3303b of this title (2) may secure from other Federal agencies such services, and enter into such contracts, as the committee determines to be necessary to carry out this subsection. (f) Task force coordination The committee shall, to the maximum extent practicable, coordinate the activities of the committee with the Federal Interagency Floodplain Management Task Force. (g) Compensation (1) Federal employees Each member of the committee who is an officer or employee of the United States (A) shall serve without compensation in addition to compensation received for the services of the member as an officer or employee of the United States; but (B) shall be allowed a per diem allowance for travel expenses, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, while away from the home or regular place of business of the member in the performance of the duties of the committee. (2) Non-Federal employees To the extent amounts are made available to carry out this section in appropriations Acts, the Secretary shall provide to each member of the committee who is not an officer or employee of the United States a stipend and a per diem allowance for travel expenses, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, while away from the home or regular place of business of the member in performance of services for the committee. (3) Standing committee members Each member of a standing committee shall serve in a voluntary capacity. (h) Applicability of chapter 10 of title 5 Chapter 10 of title 5 shall not apply to the committee. ( Pub. L. 110114, title IX,  9003 Nov. 8, 2007 121 Stat. 1288 Pub. L. 110274,  1 July 15, 2008 122 Stat. 2493 Pub. L. 113121, title III,  3016(c) June 10, 2014 128 Stat. 1291 Pub. L. 117286,  4(a)(207) Dec. 27, 2022 136 Stat. 4328  Editorial Notes Amendments 2022Subsec. (h). Pub. L. 117286 2014Subsec. (b). Pub. L. 113121,  3016(c)(1) (1) The Secretary (or the Secretarys designee), who shall serve as the chairperson of the Committee. (2) The Administrator of the Federal Emergency Management Agency (or the Administrators designee). Subsecs. (c) to (h). Pub. L. 113121,  3016(c)(2) 2008Subsec. (f). Pub. L. 110274 Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 110114 section 2201 of this title  3303. Inventory and inspection of levees (a) Levee database (1) In general Not later than 1 year after December 16, 2016 (2) Contents The database shall include (A) location information of all Federal levees in the Nation (including global information system information) and updated levee information provided by States, regional districts, Indian tribes, Federal agencies, and other entities; (B) utilizing such information as is available, the general condition of each levee; and (C) an estimate of the number of structures and population at risk and protected by each levee that would be adversely impacted if the levee fails or water levels exceed the height of the levee. (3) Availability of information (A) Availability to Federal, State, regional, tribal, and local governmental agencies The Secretary shall make all of the information in the database available to appropriate Federal, State, regional, tribal, and local governmental agencies. (B) Availability to the public The Secretary shall make the information in the database described in paragraph (2)(A), and such other information in the database as the Secretary determines appropriate, available to the public. (b) Inventory and inspection of levees (1) Federal levees The Secretary, at Federal expense, shall establish an inventory and conduct an inspection of all federally owned and operated levees. (2) Federally constructed, nonfederally operated and maintained levees The Secretary shall establish an inventory and conduct an inspection of all federally constructed, non-federally operated and maintained levees, at the original cost share for the project. (3) Participating levees For non-Federal levees the owners of which are participating in the emergency response to natural disasters program established under section 701n of this title (c) Levee review (1) In general The Secretary shall carry out a one-time inventory and review of all levees identified in the national levee database. (2) No Federal interest The inventory and inspection under paragraph (1) does not create a Federal interest in the construction, operation, or maintenance of any levee that is included in the inventory or inspected under this subsection. (3) Review criteria In carrying out the inventory and review, the Secretary shall use the levee safety action classification criteria to determine whether a levee should be classified in the inventory as requiring a more comprehensive inspection. (4) State, regional, and tribal participation At the request of a State, regional district, or Indian tribe with respect to any levee subject to review under this subsection, the Secretary shall (A) allow an official of the State, regional district, or Indian tribe to participate in the review of the levee; and (B) provide information to the State, regional district, or Indian tribe relating to the location, construction, operation, or maintenance of the levee. (5) Exceptions In carrying out the inventory and review under this subsection, the Secretary shall not be required to review any levee that has been inspected by a State, regional district, or Indian tribe using the same methodology described in paragraph (3) during the 1-year period immediately preceding June 10, 2014 (d) Identification of deficiencies (1) In general For each levee included in an inventory established under subsection (b) or for which the Secretary has conducted a review under subsection (c), the Secretary shall (A) identify the specific engineering and maintenance deficiencies, if any; and (B) describe the recommended remedies to correct each deficiency identified under subparagraph (A), and, if requested by owner of a non-Federal levee, the associated costs of those remedies. (2) Consultation In identifying deficiencies and describing remedies for a levee under paragraph (1), the Secretary shall consult with relevant non-Federal interests, including by providing an opportunity for comment by those non-Federal interests. ( Pub. L. 110114, title IX,  9004 Nov. 8, 2007 121 Stat. 1290 Pub. L. 113121, title III,  3016(d) June 10, 2014 128 Stat. 1292 Pub. L. 114322, title I,  1130(b) Dec. 16, 2016 130 Stat. 1650 Pub. L. 116260, div. AA, title I,  131 Dec. 27, 2020 134 Stat. 2644  Editorial Notes Amendments 2020Subsec. (d). Pub. L. 116260 2016Subsec. (a)(1). Pub. L. 114322,  1130(b)(1)(A) December 16, 2016 November 8, 2007 Subsec. (a)(2)(A). Pub. L. 114322,  1130(b)(1)(B) Subsec. (a)(3)(A). Pub. L. 114322,  1130(b)(1)(C) Subsec. (c)(4). Pub. L. 114322,  1130(b)(2)(A) Subsec. (c)(5). Pub. L. 114322,  1130(b)(2)(B) 2014Subsec. (a)(2)(A). Pub. L. 113121,  3016(d)(1) Subsec. (c). Pub. L. 113121,  3016(d)(2) Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 110114 section 2201 of this title  3303a. Levee safety initiative (a) Establishment The Secretary, in consultation with the Administrator, shall carry out a levee safety initiative. (b) Management The Secretary shall appoint (1) an administrator of the levee safety initiative; and (2) such staff as are necessary to implement the initiative. (c) Levee safety guidelines (1) Establishment Not later than 1 year after December 16, 2016 (A) are available for common, uniform use by all Federal, State, regional, local, and tribal agencies; (B) incorporate policies, procedures, standards, and criteria for a range of levee types, canal structures, and related facilities and features; and (C) provide for adaptation to local, regional, or watershed conditions. (2) Requirement The policies, procedures, standards, and criteria under paragraph (1)(B) shall be developed taking into consideration the levee hazard potential classification system established under subsection (d). (3) Incorporation The guidelines shall address, to the maximum extent practicable (A) the activities and practices carried out by State, regional, local, and tribal governments and the private sector to safely build, regulate, operate, and maintain levees; and (B) Federal activities that facilitate State, regional, or tribal efforts to develop and implement effective State, regional, or tribal programs for the safety of levees, including levee inspection, levee rehabilitation, locally developed floodplain management, and public education and training programs. (4) Consideration by Federal agencies To the maximum extent practicable, all Federal agencies shall consider the levee safety guidelines in carrying out activities relating to the management of levees. (5) Public comment Prior to finalizing the guidelines under this subsection, the Secretary shall (A) issue draft guidelines for public comment, including comment by States, regional districts, Indian tribes, non-Federal interests, and other appropriate stakeholders; and (B) consider any comments received in the development of final guidelines. (d) Hazard potential classification system (1) Establishment The Secretary shall establish a hazard potential classification system for use under the levee safety initiative and participating programs. (2) Revision The Secretary shall review and, as necessary, revise the hazard potential classification system not less frequently than once every 5 years. (3) Consistency The hazard potential classification system established pursuant to this subsection shall be consistent with and incorporated into the levee safety action classification tool developed by the Corps of Engineers. (e) Technical assistance and materials (1) Establishment The Secretary, in consultation with the Administrator, shall provide technical assistance and training to promote levee safety and assist States, regional districts, Indian tribes, communities, and levee owners in (A) developing levee safety programs; (B) identifying and reducing flood risks associated with levees; (C) identifying local actions that may be carried out to reduce flood risks in leveed areas; and (D) rehabilitating, improving, replacing, reconfiguring, modifying, and removing levees and levee systems. (2) Eligibility To be eligible to receive technical assistance under this subsection, a State shall (A) be in the process of establishing or have in effect a State levee safety program under which a State levee safety agency, in accordance with State law, carries out the guidelines established under subsection (c)(1); and (B) allocate sufficient funds in the budget of that State to carry out that State levee safety program. (3) Work plans The Secretary shall enter into an agreement with each State receiving technical assistance under this subsection to develop a work plan necessary for the State levee safety program of that State to reach a level of program performance that meets the guidelines established under subsection (c)(1). (f) Public education and awareness (1) In general The Secretary, in coordination with the Administrator, shall carry out public education and awareness efforts relating to the levee safety initiative. (2) Contents In carrying out the efforts under paragraph (1), the Secretary and the Administrator shall (A) educate individuals living in leveed areas regarding the risks of living in those areas; and (B) promote consistency in the transmission of information regarding levees among Federal agencies and regarding risk communication at the State and local levels. (g) State, regional, and tribal levee safety program (1) Guidelines (A) In general Not later than 1 year after December 16, 2016 (B) Guideline contents The guidelines under subparagraph (A) shall include provisions and procedures requiring each participating State, regional district, and Indian tribe to certify to the Secretary that the State, regional district, or Indian tribe, as applicable (i) has the authority to participate in the levee safety initiative; (ii) can receive funds under this chapter; (iii) has adopted any levee safety guidelines developed under this chapter; (iv) will carry out levee inspections; (v) will carry out, consistent with applicable requirements, flood risk management and any emergency action planning procedures the Secretary determines to be necessary relating to levees; (vi) will carry out public education and awareness activities consistent with the efforts carried out under subsection (f); and (vii) will collect and share information regarding the location and condition of levees, including for inclusion in the national levee database. (C) Public comment Prior to finalizing the guidelines under this paragraph, the Secretary shall (i) issue draft guidelines for public comment; and (ii) consider any comments received in the development of final guidelines. (2) Assistance to States, regional districts, and Indian tribes (A) Establishment The Administrator may provide assistance, subject to the availability of funding specified in appropriations Acts for Federal Emergency Management Agency activities pursuant to this chapter and subject to amounts available under subparagraph (E), to States, regional districts, and Indian tribes in establishing participating programs, conducting levee inventories, and improving levee safety programs in accordance with subparagraph (B). (B) Requirements To be eligible to receive assistance under this section, a State, regional district, or Indian tribe shall (i) meet the requirements of a participating program established by the guidelines issued under paragraph (1); (ii) use not less than 25 percent of any amounts received to identify and assess non-Federal levees within the State or regional district or on land of the Indian tribe; (iii) submit to the Secretary and Administrator any information collected by the State, regional district, or Indian tribe in carrying out this subsection for inclusion in the national levee safety database; and (iv) identify actions to address hazard mitigation activities associated with levees and leveed areas identified in the hazard mitigation plan of the State approved by the Administrator of the Federal Emergency Management Agency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 (C) Measures to assess effectiveness (i) In general Not later than 1 year after June 10, 2014 (ii) Considerations In assessing the effectiveness of assistance under clause (i), the Administrator shall consider the degree to which the State, regional, or tribal program (I) ensures that human lives and property that are protected by new and existing levees are safe; (II) encourages the use of appropriate engineering policies, procedures, and technical practices for levee site investigation, design, construction, operation and maintenance, inspection, assessment, and emergency preparedness; (III) develops and supports public education and awareness projects to increase public acceptance and support of levee safety programs and provide information; (IV) builds public awareness of the residual risks associated with living in levee protected areas; and (V) develops technical assistance materials, seminars, and guidelines to improve the security of levees of the United States. (D) Maintenance of effort Technical assistance or grants may not be provided to a State under this subsection during a fiscal year unless the State enters into an agreement with the Administrator to ensure that the State will maintain during that fiscal year aggregate expenditures for programs to ensure levee safety that equal or exceed the average annual level of such expenditures for the State for the 2 fiscal years preceding that fiscal year. (E) Authorization of appropriations (i) In general There is authorized to be appropriated to the Administrator to carry out this subsection $25,000,000 for each of fiscal years 2019 through 2028. (ii) Allocation For each fiscal year, amounts made available under this subparagraph shall be allocated among the States, regional districts, and Indian tribes as follows: (I) 13 among States, regional districts, and Indian tribes that qualify for assistance under this subsection. (II) 23 among States, regional districts, and Indian tribes that qualify for assistance under this subsection, to each such State, regional district, or Indian tribe in the proportion that (aa) the miles of levees in the State or regional district or on the land of the Indian tribe that are listed on the inventory of levees; bears to (bb) the miles of levees in all States and regional districts and on the land of all Indian tribes that are in the national levee database. (iii) Maximum amount of allocation The amounts allocated to a State, regional district, or Indian tribe under this subparagraph shall not exceed 50 percent of the reasonable cost of implementing the State, regional, or tribal levee safety program. (F) Prohibition No amounts made available to the Administrator under this chapter shall be used for levee construction, rehabilitation, repair, operations, or maintenance. (h) Levee rehabilitation assistance program (1) Establishment The Secretary shall provide assistance to States, regional districts, Indian tribes, and local governments relating to addressing flood mitigation and levee rehabilitation activities that result in an overall reduction in flood risk. (2) Requirements To be eligible to receive assistance under this subsection, a State, regional district, Indian tribe, or local government shall (A) participate in, and comply with, all applicable Federal floodplain management and flood insurance programs; (B) have in place a hazard mitigation plan that (i) includes all levee risks; and (ii) complies with the Disaster Mitigation Act of 2000 ( Public Law 106390 114 Stat. 1552 (C) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; (D) commit to provide normal operation and maintenance of the project for the 50 year-period following completion of rehabilitation; and (E) comply with such minimum eligibility requirements as the Secretary, in consultation with the committee, may establish to ensure that each owner and operator of a levee under a participating State, regional, or tribal levee safety program (i) acts in accordance with the guidelines developed under subsection (c); and (ii) carries out activities relating to the public in the leveed area in accordance with the hazard mitigation plan described in subparagraph (B). (3) Floodplain management plans (A) In general Not later than 1 year after the date of execution of a project agreement for assistance under this subsection, a State, regional district, Indian tribe, or local government shall prepare a floodplain management plan in accordance with the guidelines under subparagraph (D) to reduce the impacts of future flood events in each applicable leveed area. (B) Inclusions A plan under subparagraph (A) shall address (i) potential measures, practices, and policies to reduce loss of life, injuries, damage to property and facilities, public expenditures, and other adverse impacts of flooding in each applicable leveed area; (ii) plans for flood fighting and evacuation; and (iii) public education and awareness of flood risks. (C) Implementation Not later than 1 year after the date of completion of construction of the applicable project, a floodplain management plan prepared under subparagraph (A) shall be implemented. (D) Guidelines Not later than 180 days after December 16, 2016 (E) Technical support The Secretary may provide technical support for the development and implementation of floodplain management plans prepared under this paragraph. (4) Use of funds (A) In general Assistance provided under this subsection may be used (i) for any rehabilitation activity to maximize overall risk reduction associated with a levee under a participating State, regional, or tribal levee safety program; and (ii) only for a levee that is not federally operated and maintained. (B) Prohibition Assistance provided under this subsection shall not be used (i) to perform routine operation or maintenance for a levee; or (ii) to make any modification to a levee that does not result in an improvement to public safety. (5) No proprietary interest A contract for assistance provided under this subsection shall not be considered to confer any proprietary interest on the United States. (6) Cost share The maximum Federal share of the cost of any assistance provided under this subsection shall be 65 percent. (7) Project limit The maximum amount of Federal assistance for a project under this subsection shall be $25,000,000. (8) Limitation A project shall not receive Federal assistance under this subsection more than 1 time. (9) Federal interest For a project that is not a project eligible for rehabilitation assistance under section 701n of this title (10) Other laws Assistance provided under this subsection shall be subject to all applicable laws (including regulations) that apply to the construction of a civil works project of the Corps of Engineers. (11) Prioritization To the maximum extent practicable, the Secretary shall prioritize the provision of assistance under this subsection to economically disadvantaged communities (as defined by the Secretary under section 160 of the Water Resources Development Act of 2020 ( 33 U.S.C. 2201 (i) Effect of section Nothing in this section (1) affects the requirement under section 100226(b)(2) of Public Law 112141 42 U.S.C. 4101 126 Stat. 942 (2) confers any regulatory authority on (A) the Secretary; or (B) the Administrator, including for the purpose of setting premium rates under the national flood insurance program established under chapter 1 1 1 42 U.S.C. 4011 ( Pub. L. 110114, title IX,  9005 Pub. L. 113121, title III,  3016(e)(2) June 10, 2014 128 Stat. 1293 Pub. L. 114322, title I,  1130(c) Dec. 16, 2016 130 Stat. 1650 Pub. L. 115270, title I,  1144(1) Oct. 23, 2018 132 Stat. 3785 Pub. L. 117263, div. H, title LXXXI,  8387(b) Dec. 23, 2022 136 Stat. 3830  Editorial Notes  References in Text The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (g)(2)(B)(iv), is Pub. L. 93288 May 22, 1974 88 Stat. 143 section 5121 of Title 42 The Disaster Mitigation Act of 2000, referred to in subsec. (h)(2)(B)(ii), is Pub. L. 106390 Oct. 30, 2000 114 Stat. 1552 section 5121 of Title 42 Section 160 of the Water Resources Development Act of 2020, referred to in subsec. (h)(11), is section 160 of div. AA of Pub. L. 116260 section 2201 of this title The National Flood Insurance Act of 1968, referred to in subsec. (i)(2)(B), is title XIII of Pub. L. 90448 Aug. 1, 1968 82 Stat. 572 section 4001 of Title 42 Prior Provisions A prior section 9005 of Pub. L. 110114 section 3304 of this title Amendments 2022Subsec. (g)(2)(E)(i). Pub. L. 117263,  8387(b) Subsec. (h)(1). Pub. L. 117263,  8387(c)(1) Subsec. (h)(7). Pub. L. 117263,  8387(c)(2) Subsec. (h)(11). Pub. L. 117263,  8387(c)(3) 2018Subsec. (g)(2)(E)(i). Pub. L. 115270 2016Subsec. (c)(1). Pub. L. 114322,  1130(c)(1)(A)(i) December 16, 2016 June 10, 2014 Subsec. (c)(1)(A). Pub. L. 114322,  1130(c)(1)(A)(ii) Subsec. (c)(3)(A). Pub. L. 114322,  1130(c)(1)(B)(i) Subsec. (c)(3)(B). Pub. L. 114322,  1130(c)(1)(B)(ii) Subsec. (c)(5)(A). Pub. L. 114322,  1130(c)(1)(C) Subsec. (e)(1). Pub. L. 114322,  1130(c)(2) Subsec. (g). Pub. L. 114322,  1130(c)(3)(A) Subsec. (g)(1)(A). Pub. L. 114322,  1130(c)(3)(B)(i) December 16, 2016 June 10, 2014 Subsec. (g)(1)(B). Pub. L. 114322,  1130(c)(3)(B)(ii) Subsec. (g)(2). Pub. L. 114322,  1130(c)(3)(C)(i) Subsec. (g)(2)(A). Pub. L. 114322,  1130(c)(3)(C)(ii) Subsec. (g)(2)(B). Pub. L. 114322,  1130(c)(3)(C)(iii)(I) Subsec. (g)(2)(B)(ii). Pub. L. 114322,  1130(c)(3)(C)(iii)(II) Subsec. (g)(2)(B)(iii). Pub. L. 114322,  1130(c)(3)(C)(iii)(III) Subsec. (g)(2)(C)(ii). Pub. L. 114322,  1130(c)(3)(C)(iv) Subsec. (g)(2)(E)(ii). Pub. L. 114322,  1130(c)(3)(C)(v)(I) Subsec. (g)(2)(E)(ii)(II). Pub. L. 114322,  1130(c)(3)(C)(v)(II)(aa) Subsec. (g)(2)(E)(ii)(II)(aa). Pub. L. 114322,  1130(c)(3)(C)(v)(II)(bb) Subsec. (g)(2)(E)(ii)(II)(bb). Pub. L. 114322,  1130(c)(3)(C)(v)(II)(cc) Subsec. (g)(2)(E)(iii). Pub. L. 114322,  1130(c)(3)(C)(v)(III) Subsec. (h)(1). Pub. L. 114322,  1130(c)(4)(A) Subsec. (h)(2). Pub. L. 114322,  1130(c)(4)(B)(i) Subsec. (h)(2)(E). Pub. L. 114322,  1130(c)(4)(B)(ii) Subsec. (h)(3)(A). Pub. L. 114322,  1130(c)(4)(C)(i) Subsec. (h)(3)(D). Pub. L. 114322,  1130(c)(4)(C)(ii) December 16, 2016 June 10, 2014 Subsec. (h)(4)(A)(i). Pub. L. 114322,  1130(c)(4)(D) Statutory Notes and Related Subsidiaries Rehabilitation of Existing Levees Pub. L. 113121, title III,  3017 June 10, 2014 128 Stat. 1300 Pub. L. 117263, div. H, title LXXXI,  8382(a) Dec. 23, 2022 136 Stat. 3828  (a)  In General The Secretary [of the Army] shall carry out measures that address consolidation, settlement, subsidence, sea level rise, and new datum to restore federally authorized hurricane and storm damage reduction projects that were constructed as of the date of enactment of this Act [ June 10, 2014 (b)  Limitation This section shall only apply to those projects for which the executed project partnership agreement provides that the non-Federal interest is not required to perform future measures to restore the project to the authorized level of protection of the project to account for subsidence and sea-level rise as part of the operation, maintenance, repair, replacement, and rehabilitation responsibilities. (c)  Cost Share. (1)  In general The non-Federal share of the cost of construction of a project carried out under this section shall be determined as provided in subsections (a) through (d) of section 103 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213 (2)  Certain activities The non-Federal share of the cost of operations, maintenance, repair, replacement, and rehabilitation for a project carried out under this section shall be 100 percent. (d)  Report to Congress Not later than 5 years after the date of enactment of this Act, the Secretary shall include in the annual report developed under section 7001 [ 33 U.S.C. 2282d (1) any recommendations relating to the continued need for the authority provided under this section; (2) a description of the measures carried out under this section; (3) any lessons learned relating to the measures implemented under this section; and (4) best practices for carrying out measures to restore hurricane and storm damage reduction projects. (e)  Termination of Authority The authority of the Secretary under this section terminates on December 31, 2028  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 110114 section 2201 of this title  3303b. Reports (a) State of levees (1) In general Not later than 1 year after December 16, 2016 (A) progress achieved in implementing the levee safety initiative; (B) State, regional, and tribal participation in the levee safety initiative; (C) recommendations to improve coordination of levee safety, floodplain management, and environmental protection concerns, including (i) identifying and evaluating opportunities to coordinate public safety, floodplain management, and environmental protection activities relating to levees; and (ii) evaluating opportunities to coordinate environmental permitting processes for operation and maintenance activities at existing levee projects in compliance with all applicable laws; and (D) any recommendations for legislation and other congressional actions necessary to ensure national levee safety. (2) Inclusion Each report under paragraph (1) shall include a report of the committee that describes the independent recommendations of the committee for the implementation of the levee safety initiative. (b) National dam and levee safety program Not later than 3 years after June 10, 2014 (c) Alignment of Federal programs relating to levees Not later than 2 years after December 16, 2016 (1) to promote shared responsibility for levee safety; (2) to encourage the development of strong State, regional, and tribal levee safety programs; (3) to better align the levee safety initiative with other Federal flood risk management programs; and (4) to promote increased levee safety through other Federal programs providing assistance to State, regional, tribal, and local governments. (d) Liability for certain levee engineering projects Not later than 1 year after December 16, 2016 (1) levee owners from obtaining needed levee engineering services; or (2) development and implementation of a State, regional, or tribal levee safety program. ( Pub. L. 110114, title IX,  9006 Pub. L. 113121, title III,  3016(e)(2) June 10, 2014 128 Stat. 1299 Pub. L. 114322, title I,  1130(d) Dec. 16, 2016 130 Stat. 1652  Editorial Notes Prior Provisions A prior section 9006 of Pub. L. 110114 section 3305 of this title Amendments 2016Subsec. (a)(1). Pub. L. 114322,  1130(d)(1)(A) December 16, 2016 June 10, 2014 Subsec. (a)(1)(B). Pub. L. 114322,  1130(d)(1)(B) Subsec. (c). Pub. L. 114322,  1130(d)(2)(A) December 16, 2016 June 10, 2014 Subsec. (c)(2). Pub. L. 114322,  1130(d)(2)(B) Subsec. (c)(4). Pub. L. 114322,  1130(d)(2)(C) Subsec. (d). Pub. L. 114322,  1130(d)(3)(A) December 16, 2016 June 10, 2014 Subsec. (d)(2). Pub. L. 114322,  1130(d)(3)(B) Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 110114 section 2201 of this title  3304. Limitations on statutory construction Nothing in this chapter shall be construed as (1) creating any liability of the United States or its officers or employees for the recovery of damages caused by an action or failure to act; or (2) relieving an owner or operator of a levee of a legal duty, obligation, or liability incident to the ownership or operation of a levee. ( Pub. L. 110114, title IX,  9007 Nov. 8, 2007 121 Stat. 1290 Pub. L. 113121, title III,  3016(e)(1) June 10, 2014 128 Stat. 1293  3305. Authorization of appropriations There is authorized to be appropriated to the Secretary (1) to carry out sections 3302, 3303a(c), 3303a(d), 3303a(e), and 3303a(f) of this title, $4,000,000 for each of fiscal years 2019 through 2023; (2) to carry out section 3303 of this title (3) to carry out section 3303a(h) of this title ( Pub. L. 110114, title IX,  9008 Nov. 8, 2007 121 Stat. 1291 Pub. L. 113121, title III,  3016(e)(1) June 10, 2014 128 Stat. 1293 Pub. L. 115270, title I,  1144(2) Oct. 23, 2018 132 Stat. 3785  Editorial Notes Amendments 2018 Pub. L. 115270 2014 Pub. L. 113121,  3016(f)(2) Pub. L. 113121,  3016(f)(1) Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 110114 section 2201 of this title  3306. Certain levee improvements (a) In general Notwithstanding section 211 of the Water Resources Development Act of 2000 ( 31 U.S.C. 6505 (b) Federal levees In carrying out this section, in a case in which a levee owned and operated by the Secretary is hydraulically tied to a levee described in subsection (a), the Secretary is encouraged to cooperate, to the maximum extent practicable, with the relevant local governmental entities in assessing the reasons the levee described in subsection (a) is not accredited. (c) Limitation Nothing in this section (1) affects the responsibilities of a local government to operate and maintain its flood control infrastructure; or (2) obligates the Secretary to expend additional Federal resources on levees owned and operated by the Secretary. ( Pub. L. 115270, title I,  1123 Oct. 23, 2018 132 Stat. 3779  Editorial Notes  References in Text Section 211 of the Water Resources Development Act of 2000, referred to in subsec. (a), is section 211 of Pub. L. 106541 section 6505 of Title 31 Codification Section was enacted as part of the Water Resources Development Act of 2018, and also as part of the Americas Water Infrastructure Act of 2018, and not as part of the National Levee Safety Act of 2007 which comprises this chapter. Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 102 of Pub. L. 115270 section 2201 of this title  3307. Assessment of Corps of Engineers levees (a) In general The Secretary shall periodically conduct assessments of federally authorized levees under the jurisdiction of the Corps of Engineers, to evaluate the potential Federal interest in the modification (including realignment or incorporation of natural features and nature-based features, as such terms are defined in section 2289a(a) of this title (1) Increasing the flood risk reduction benefits of such systems. (2) Achieving greater flood resiliency. (3) Restoring hydrological and ecological connections with adjacent floodplains that achieve greater environmental benefits without undermining flood risk reduction or flood resiliency for levee-protected communities. (b) Levees operated by non-Federal interests The Secretary shall carry out an assessment under subsection (a) for a federally authorized levee system operated by a non-Federal interest only if the non-Federal interest (1) requests the assessment; and (2) agrees to provide 50 percent of the cost of the assessment. (c) Assessments (1) Considerations In conducting an assessment under subsection (a), the Secretary shall consider and identify, with respect to each levee system (A) an estimate of the number of structures and population at risk and protected by the levee system that would be adversely impacted if the levee system fails or water levels exceed the height of any levee segment within the levee system (which may be the applicable estimate included in the levee database established under section 3303 of this title (B) the number of times the non-Federal interest has received emergency flood-fighting or repair assistance under section 701n of this title (C) the functionality of the levee system with regard to higher precipitation levels, including due to changing climatic conditions and extreme weather events; (D) the potential costs and benefits (including environmental benefits and implications for levee-protected communities) from modifying the applicable levee system to restore connections with adjacent floodplains; and (E) available studies, information, literature, or data from relevant Federal, State, or local entities. (2) Prioritization In conducting an assessment under subsection (a), the Secretary shall, to the maximum extent practicable, prioritize levee systems (A) associated with an area that has been subject to flooding in two or more events in any 10-year period; and (B) for which the non-Federal interest has received emergency flood-fighting or repair assistance under section 701n of this title (3) Scope The Secretary shall ensure that an assessment under subsection (a) shall be similar in cost and scope to an initial assessment prepared by the Secretary pursuant to section 549a of this title (d) Flood plain management services In conducting an assessment under subsection (a), the Secretary shall consider information on floods and flood damages compiled under section 709a of this title (e) Report to Congress (1) In general Not later than 18 months after December 23, 2022 (2) Inclusion The Secretary shall include in each report submitted under paragraph (1) (A) identification of any levee system for which the Secretary has conducted an assessment under subsection (a); (B) a description of any opportunities identified under such subsection for the modification of a levee system, including the potential benefits of such modification for the purposes identified under such subsection; (C) information relating to the willingness and ability of each applicable non-Federal interest to participate in a modification to the relevant levee system, including by obtaining any real estate necessary for the modification; and (D) a summary of the information considered and identified under subsection (c)(1). (f) Incorporation of information The Secretary shall include in the levee database established under section 3303 of this title (g) Levee system defined In this section, the term levee system has the meaning given that term in section 3301(9) of this title (h) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000, to remain available until expended. ( Pub. L. 117263, div. H, title LXXXI,  8121 Dec. 23, 2022 136 Stat. 3712  Editorial Notes Codification Section was enacted as part of the Water Resources Development Act of 2022, and also as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and not as part of the National Levee Safety Act of 2007 which comprises this chapter. Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 8002 of Pub. L. 117263 section 2201 of this title CHAPTER 47 OCEAN EXPLORATION    SUBCHAPTER IEXPLORATION  Sec.  3401. Purpose.  3402. Program established.  3403. Powers and duties of the Administrator.  3404. Education, workforce training, and outreach.  3405. Ocean Exploration Advisory Board.  3406. Authorization of appropriations.  3407. Definitions.  3408. National Ocean Mapping, Exploration, and Characterization Council.  SUBCHAPTER IINOAA UNDERSEA RESEARCH PROGRAM  3421 3426. Repealed. SUBCHAPTER I EXPLORATION  3401. Purpose  The purpose of this subchapter is to establish the national ocean exploration program within the National Oceanic and Atmospheric Administration. ( Pub. L. 11111, title XII,  12001 Mar. 30, 2009 123 Stat. 1417 Pub. L. 117263, div. J, title CIII,  10305(a) Dec. 23, 2022 136 Stat. 3971  Editorial Notes Amendments 2022 Pub. L. 117263 Statutory Notes and Related Subsidiaries Short Title Pub. L. 11111, title XII,  12101 Mar. 30, 2009 123 Stat. 1419 Pub. L. 11111 Pub. L. 117263, div. J, title CIII,  10306(a) Dec. 23, 2022 136 Stat. 3974  3402. Program established  The Administrator of the National Oceanic and Atmospheric Administration shall, in consultation with the National Science Foundation and other appropriate Federal agencies, establish a coordinated national ocean exploration program within the National Oceanic and Atmospheric Administration that promotes collaboration with other Federal ocean research and exploration programs. To the extent appropriate, the Administrator shall seek to facilitate coordination of data and information management systems, outreach and education programs to improve public understanding of ocean and coastal resources, and development and transfer of technologies to facilitate ocean research and ocean exploration and characterization efforts. ( Pub. L. 11111, title XII,  12002 Mar. 30, 2009 123 Stat. 1417 Pub. L. 117263, div. J, title CIII,  10305(b) Dec. 23, 2022 136 Stat. 3971  Editorial Notes Amendments 2022 Pub. L. 117263  3403. Powers and duties of the Administrator (a) In general In carrying out the program authorized by section 3402 of this title section 8932 of title 10 (1) conduct interdisciplinary expeditions or other scientific activities in conjunction with other Federal and State agencies, Tribal Governments, private industry, academia (including secondary schools, community colleges, and universities), and nongovernmental organizations, to map, explore, and characterize little known areas of the marine environment, inventory, observe, characterize, and assess living and nonliving marine resources, and report such findings; (2) give priority attention to deep ocean regions of the exclusive economic zone, with a focus on deep water marine systems that hold potential for important scientific discoveries, such as hydrothermal vent communities and seamounts; (3) conduct scientific expeditions to locate, define, and document historic shipwrecks, submerged sites, and other ocean exploration activities that combine archaeology and oceanographic sciences; (4) develop and implement a transparent, competitive process for merit-based peer-review and approval of proposals for activities to be conducted under this program, taking into consideration advice of the Board established under section 3405 of this title (5) support technological innovation of the United States marine science community by promoting the development and use of new and emerging technologies for research, communication, navigation, and data collection, such as sensors and autonomous vehicles; (6) establish an ocean exploration forum, in consultation with the National Ocean Mapping, Exploration, and Characterization Council established under section 5405 1 1 2 2 (7) provide guidance, in consultation with the National Ocean Mapping, Exploration, and Characterization Council, to Federal and State agencies, Tribal Governments, private industry, academia (including secondary schools, community colleges, and universities), and nongovernmental organizations on data standards, protocols for accepting data, and coordination of data collection, compilation, processing, archiving, and dissemination for data relating to ocean exploration and characterization; and (8) coordinate with applicable ocean mapping, ocean monitoring, and ocean observation programs to maximize coordination and collaboration opportunities, prevent duplication of such activities and identify gaps in data. (b) Donations For the purpose of mapping, exploring, and characterizing the oceans or increasing the knowledge of the oceans, the Administrator may (1) accept monetary donations, which shall be credited as discretionary offsetting collections to the currently applicable appropriation, account, or fund of the National Oceanic and Atmospheric Administration and shall be made available for such purposes only to the extent and in the amounts provided in advance in appropriations Acts; (2) accept donations of property, data, and equipment; and (3) pay all necessary expenses in connection with the conveyance or transfer of a gift, devise, or bequest. (c) Definition of exclusive economic zone In this section, the term exclusive economic zone means the zone established by Presidential Proclamation Number 5030, dated March 10, 1983 16 U.S.C. 1453 ( Pub. L. 11111, title XII,  12003 Mar. 30, 2009 123 Stat. 1417 Pub. L. 117263, div. J, title CIII,  10305(c) Dec. 23, 2022 136 Stat. 3971  Editorial Notes  References in Text Section 5405 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, referred to in subsec. (a)(6), probably means section 10304 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, Pub. L. 117263 section 3408 of this title Pub. L. 117263 Amendments 2022Subsec. (a). Pub. L. 117263,  10305(c)(1)(A) section 8932 of title 10 Subsec. (a)(1). Pub. L. 117263,  10305(c)(1)(B) Subsec. (a)(2). Pub. L. 117263,  10305(c)(1)(C) Subsec. (a)(3). Pub. L. 117263,  10305(c)(1)(D) Subsec. (a)(4). Pub. L. 117263,  10305(c)(1)(E) Subsec. (a)(5). Pub. L. 117263,  10305(c)(1)(F) Subsec. (a)(6). Pub. L. 117263,  10305(c)(1)(G) Subsec. (a)(7), (8). Pub. L. 117263,  10305(c)(1)(H) Subsec. (b). Pub. L. 117263,  10305(c)(2) Subsec. (c). Pub. L. 117263,  10305(c)(3)  3404. Education, workforce training, and outreach (a) In general The Administrator of the National Oceanic and Atmospheric Administration shall (1) conduct education and outreach efforts in order to broadly disseminate information to the public on the discoveries made by the program under section 3402 of this title (2) to the extent possible, coordinate the efforts described in paragraph (1) with the outreach strategies of other domestic or international ocean mapping, exploration, and characterization initiatives; and (3) establish a fellowship program at the National Oceanic and Atmospheric Administration to provide year-long fellowships to undergraduate students from institutions described in section 1067q(a) of title 20 (b) Education and outreach efforts Efforts described in subsection (a)(1) may include (1) education of the general public, teachers, students, and ocean and coastal resource managers; and (2) workforce training, reskilling, and opportunities to encourage development of ocean-related science, technology, engineering, and mathematics technical training programs involving secondary schools, community colleges, and universities, including institutions described in section 1067q(a) of title 20 (c) Outreach strategy Not later than 180 days after the date of the enactment of the National Ocean Exploration Act, 1 1 section 3402 of this title ( Pub. L. 11111, title XII,  12004 Pub. L. 117263, div. J, title CIII,  10305(e)(1) Dec. 23, 2022 136 Stat. 3973  Editorial Notes  References in Text The date of the enactment of the National Ocean Exploration Act, referred to in subsec. (c), probably means the date of enactment of Pub. L. 117263 Dec. 23, 2022 Pub. L. 117263 Pub. L. 117263 Prior Provisions A prior section 3404, Pub. L. 11111, title XII Mar. 30, 2009 123 Stat. 1418 Pub. L. 117263, div. J, title CIII,  10305(d) Dec. 23, 2022 136 Stat. 3972  3405. Ocean Exploration Advisory Board (a) Establishment The Administrator of the National Oceanic and Atmospheric Administration shall appoint an Ocean Exploration Advisory Board composed of experts in relevant fields, including representatives from academic, commercial, nonprofit, philanthropic, policy, and Tribal entities (1) to advise the Administrator on priority areas for survey, discovery, and opportunities for extramural collaboration and partnerships; (2) to assist the program in the development of a 5-year strategic plan for the fields of ocean, marine, and Great Lakes science, exploration, and discovery; (3) to annually review the quality and effectiveness of the proposal review process established under section 3403(a)(4) of this title 1 1 (4) to identify market barriers to development or commercialization of novel ocean mapping, exploration, and characterization products, processes, and tools; (5) to identify best practices to improve data management, processing, storage, and archiving standards; and (6) to provide other assistance and advice as requested by the Administrator. (b) Chapter 10 of title 5 Section 1013 of title 5 (c) Application with Outer Continental Shelf Lands Act Nothing in this subchapter supersedes, or limits the authority of the Secretary of the Interior under the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 ( Pub. L. 11111, title XII,  12005 Mar. 30, 2009 123 Stat. 1418 Pub. L. 117263, div. J, title CIII,  10305(f) Dec. 23, 2022 136 Stat. 3973 Pub. L. 117286,  4(a)(208) Dec. 27, 2022 136 Stat. 4329  Editorial Notes  References in Text The Outer Continental Shelf Lands Act, referred to in subsec. (c), is act Aug. 7, 1953, ch. 345 67 Stat. 462 section 1301 of Title 43 Amendments 2022Subsec. (a). Pub. L. 117263,  10305(f)(1)(A) Subsec. (a)(1). Pub. L. 117263,  10305(f)(1)(B) Subsec. (a)(4) to (6). Pub. L. 117263,  10305(f)(1)(C) Subsec. (b). Pub. L. 117286 Section 1013 of title 5 Subsec. (c). Pub. L. 117263,  10305(f)(2)  3406. Authorization of appropriations  There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out this subchapter $60,000,000 for each of fiscal years 2023 through 2028 1 1 ( Pub. L. 11111, title XII,  12006 Mar. 30, 2009 123 Stat. 1419 Pub. L. 117263, div. J, title CIII,  10305(g) Dec. 23, 2022 136 Stat. 3974  Editorial Notes Amendments 2022 Pub. L. 117263  3407. Definitions In this subchapter: (1) Characterization The terms characterization, characterize, and characterizing mean activities that provide comprehensive data and interpretations for a specific area of interest of the sea floor, sub-bottom, water column, or hydrologic features, such as water masses and currents, in direct support of specific research, environmental protection, resource management, policymaking, or applied mission objectives. (2) Exploration The term 1 1 1 (A) a multidisciplinary view of an unknown or poorly understood area of the sea floor, sub-bottom, or water column; and (B) an initial assessment of the physical, chemical, geological, biological, archaeological, or other characteristics of such an area. (3) Mapping The terms map and mapping mean activities that provide comprehensive data and information needed to understand sea floor characteristics, including depth, topography, bottom type, sediment composition and distribution, underlying geologic structure, and benthic flora and fauna. ( Pub. L. 11111, title XII,  12007 Pub. L. 117263, div. J, title CIII,  10305(h) Dec. 23, 2022 136 Stat. 3974  3408. National Ocean Mapping, Exploration, and Characterization Council (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 (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 (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 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 (i) institutions of higher education (as such term is defined in section 1001(a) of title 20 (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 (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. 117263, div. J, title CIII,  10304 Dec. 23, 2022 136 Stat. 3968  Statutory Notes and Related Subsidiaries Findings Pub. L. 117263, div. J, title CIII,  10301 Dec. 23, 2022 136 Stat. 3966  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. 117263, div. J, title CIII,  10302 Dec. 23, 2022 136 Stat. 3966  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. SUBCHAPTER II NOAA UNDERSEA RESEARCH PROGRAM  3421 to 3426. Repealed. Pub. L. 117263, div. J, title CIII,  10306(a) Dec. 23, 2022 136 Stat. 3974   Section 3421, Pub. L. 11111, title XII,  12102 Mar. 30, 2009 123 Stat. 1419  Section 3422, Pub. L. 11111, title XII,  12103 Mar. 30, 2009 123 Stat. 1419  Section 3423, Pub. L. 11111, title XII,  12104 Mar. 30, 2009 123 Stat. 1419  Section 3424, Pub. L. 11111, title XII,  12105 Mar. 30, 2009 123 Stat. 1420  Section 3425, Pub. L. 11111, title XII,  12106 Mar. 30, 2009 123 Stat. 1420  Section 3426, Pub. L. 11111, title XII,  12107 Mar. 30, 2009 123 Stat. 1420 CHAPTER 48 OCEAN AND COASTAL MAPPING INTEGRATION    Sec.  3501. Establishment of program.  3502. Interagency Working Group on Ocean and Coastal Mapping.  3503. Biennial reports.  3504. NOAA joint ocean and coastal mapping centers.  3504a. Ocean and coastal mapping Federal funding opportunity.  3504b. Agreements and financial assistance.  3505. Effect on other laws.  3506. Authorization of appropriations.  3507. Definitions.  3501. Establishment of program (a) In general The President, in coordination with the Interagency Working Group on Ocean and Coastal Mapping under section 3502 of this title (1) enhances ecosystem approaches in decisionmaking for natural resource and habitat management restoration and conservation, emergency response, and coastal resilience and adaptation; (2) establishes research and mapping priorities; (3) supports the siting of research and other platforms; and (4) advances ocean and coastal science. (b) Program parameters In maintaining such a program, the President, through the Working Group, shall (1) identify all Federal and federally-funded programs conducting shoreline delineation and ocean or coastal mapping, noting geographic coverage, frequency, spatial coverage, resolution, and subject matter focus of the data and location of data archives; (2) facilitate cost-effective, cooperative mapping efforts that incorporate policies for contracting with non-governmental entities among all Federal agencies conducting ocean and coastal mapping and for leveraging existing Federal geospatial services capacities and contract vehicles for efficiencies, by increasing data sharing, developing appropriate data acquisition and metadata standards, and facilitating the interoperability of in situ data collection systems, data processing, archiving, and distribution of data products; (3) facilitate the adaptation of existing technologies as well as foster expertise in new ocean and coastal mapping technologies, including through research, development, and training conducted among Federal agencies and in cooperation with non-governmental entities; (4) develop standards and protocols for testing innovative experimental mapping technologies and transferring new technologies between the Federal Government, coastal state, and non-governmental entities; (5) provide for the archiving, management, and distribution of data sets through a national registry as well as provide mapping products and services to the general public in service of statutory requirements; (6) develop data standards and protocols consistent with standards developed by the Federal Geographic Data Committee for use by Federal, coastal state, and other entities in mapping and otherwise documenting locations of federally permitted activities, living and nonliving coastal and marine resources, marine ecosystems, sensitive habitats, submerged cultural resources, undersea cables, offshore aquaculture projects, offshore energy projects, and any areas designated for purposes of environmental protection or conservation and management of living and nonliving coastal and marine resources; (7) identify the procedures to be used for coordinating the collection and integration of Federal ocean and coastal mapping data with mapping programs, in conjunction with Federal and State agencies, Tribal governments, private industry, academia, and nongovernmental organizations; (8) facilitate, to the extent practicable, the collection of tide data and water-level data and the development and dissemination of hydrodynamic models for coastal areas to allow for the application of V-datum tools that will facilitate the seamless integration of onshore and offshore maps and charts; (9) establish a plan for the acquisition and collection of ocean and coastal mapping data; (10) set forth a timetable for completion and implementation of the plan; and (11) support (A) the Ocean Science and Technology Subcommittee of the Ocean Policy Committee established under section 8932(c) of title 10 (B) the National Ocean Mapping, Exploration, and Characterization Council established under section 5405 of the National Ocean Exploration Act. 1 1 ( Pub. L. 11111, title XII,  12202 Mar. 30, 2009 123 Stat. 1421 Pub. L. 117263, div. J, title CIII,  10307(a) Dec. 23, 2022 136 Stat. 3974  Editorial Notes  References in Text Section 5405 of the National Ocean Exploration Act, referred to in subsec. (b)(11)(B), probably means section 10304 of Pub. L. 117263 section 3408 of this title Pub. L. 117263 Pub. L. 117263 Pub. L. 117263 Amendments 2022Subsec. (a). Pub. L. 117263,  10307(b)(1)(A)(i) section 3502 of this title Pub. L. 117263,  10307(a)(1) Subsec. (b). Pub. L. 117263,  10307(a)(3)(A) Pub. L. 117263,  10307(a)(2) Subsec. (b)(2). Pub. L. 117263,  10307(a)(3)(B) Subsec. (b)(7). Pub. L. 117263,  10307(a)(3)(C) Subsec. (b)(8). Pub. L. 117263,  10307(a)(3)(D) Subsec. (b)(11). Pub. L. 117263,  10307(a)(3)(E) Subsec. (c). Pub. L. 117263,  10307(a)(2) Statutory Notes and Related Subsidiaries Short Title Pub. L. 11111, title XII,  12201 Mar. 30, 2009 123 Stat. 1421 This subtitle [subtitle B ( 1220112208) of title XII of Pub. L. 11111 Executive Documents  Ocean Mapping of the United States Exclusive Economic Zone and the Shoreline and Nearshore of Alaska Memorandum of President of the United States, Nov. 19, 2019 Memorandum for the Secretary of State[,] the Secretary of Defense[,] the Attorney General[,] the Secretary of the Interior[,] the Secretary of Agriculture[,] the Secretary of Commerce[,] the Secretary of Transportation[,] the Secretary of Energy[,] the Secretary of Homeland Security[,] the Administrator of the Environmental Protection Agency[,] the Director of the Office of Management and Budget[,] the Administrator of the National Aeronautics and Space Administration[,] the Director of the National Science Foundation[,] the Director of National Intelligence[,] the Chairman of the Joint Chiefs of Staff[,] the Administrator of the National Oceanic and Atmospheric Administration[,] the Assistant Secretary of the Army for Civil Works[,] the Commandant of the Coast Guard[,] the Assistant to the President for National Security Affairs[,] the Assistant to the President for Domestic Policy[,] the Assistant to the President for Economic Policy[,] the Director of the Office of Science and Technology Policy[,] the Chairman of the Council on Environmental Quality[, and] the Deputy Assistant to the President for Homeland Security and Counterterrorism By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct the following: Section Policy On March 10, 1983 16 U.S.C. 1453 The Nation is poised to harness cutting-edge science, new technologies, and partnerships to unlock the potential of our oceans through increased ocean mapping. Maps and charts that present accurate and contemporary coastal elevation data support economic growth, resource management, and the safety and security of coastal residents. Completed mapping is especially lacking for Alaska and for the Alaskan Arctic, which lack the comprehensive shoreline and nearshore maps available for much of the rest of the Nation. To improve our Nations understanding of our vast ocean resources and to advance the economic, security, and environmental interests of the United States, it is the policy of the United States to support the conservation, management, and balanced use of Americas oceans by exploring, mapping, and characterizing the U.S. EEZ, including mapping the Arctic and Sub-Arctic shoreline and nearshore of Alaska. Further, to ensure that these activities produce the broadest possible benefits and provide the greatest return on investment of Federal resources, it is the policy of the United States to support these activities, when appropriate, in collaboration with non-United States Government entities. Sec National Strategy for Mapping, Exploring, and Characterizing the U.S. EEZ To advance these objectives, the Director of the Office of Science and Technology Policy (Director) and the Chairman of the Council on Environmental Quality (Chairman), who serve as co-chairs of the Ocean Policy Committee established by Executive Order 13840 of June 19, 2018 33 U.S.C. 85719 Nov. 19, 2019 Sec Strategy for Mapping the Arctic and Sub-Arctic Shoreline and Nearshore of Alaska Sec Efficient Permitting of Mapping, Exploration, and Characterization Activities Sec General Provisions (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) The Secretary of Commerce is hereby authorized and directed to publish this memorandum in the Federal Register.  Donald J. Trump.  3502. Interagency Working Group on Ocean and Coastal Mapping (a) In general The Administrator of the National Oceanic and Atmospheric Administration, not later than 30 days after the date of the enactment of the National Ocean Exploration Act, 1 1 section 3501 of this title (b) Membership The Working Group shall be comprised of senior-level representatives from Federal agencies with ocean and coastal mapping and surveying responsibilities. Membership shall include senior-level representatives from the National Oceanic and Atmospheric Administration, the Department of the Navy, the United States Geological Survey, the Bureau of Ocean Energy Management of the Department of the Interior, the Office of the Assistant Secretary, Fish and Wildlife and Parks of the Department of the Interior, the National Science Foundation, the National Geospatial-Intelligence Agency, the United States Army Corps of Engineers, the Coast Guard, the Environmental Protection Agency, the Federal Emergency Management Agency, the National Aeronautics and Space Administration, and other appropriate Federal agencies involved in ocean and coastal mapping. (c) Co-Chairs The Working Group shall be co-chaired by one representative from each of the following: (1) The National Oceanic and Atmospheric Administration. (2) The Department of the Interior. (d) Subordinate groups The co-chairs may establish such permanent or temporary subordinate groups as determined appropriate by the Working Group. (e) Meetings The Working Group shall meet on a quarterly basis, but each subordinate group shall meet on an as-needed basis. (f) Coordination The Working Group shall coordinate activities when appropriate, with (1) other Federal efforts; (2) international mapping activities; (3) coastal States; (4) coastal Indian Tribes; (5) data acquisition and user groups through workshops, partnerships, and other appropriate mechanisms; and (6) representatives of nongovernmental entities. (g) Support functions The Working Group shall support the National Ocean Mapping, Exploration, and Characterization Council established under section 5405 of the National Ocean Exploration Act 1 section 8932(c) of title 10 ( Pub. L. 11111, title XII,  12203 Mar. 30, 2009 123 Stat. 1423 Pub. L. 117263, div. J, title CIII,  10307(b)(1)(B) Dec. 23, 2022 136 Stat. 3975  Editorial Notes  References in Text The date of the enactment of the National Ocean Exploration Act, referred to in subsec. (a), probably means the date of enactment of Pub. L. 117263 Dec. 23, 2022 Pub. L. 117263 Pub. L. 117263 Section 5405 of the National Ocean Exploration Act, referred to in subsec. (g), probably means section 10304 of Pub. L. 117263 section 3408 of this title Pub. L. 117263 Pub. L. 117263 Pub. L. 117263 Amendments 2022 Pub. L. 117263,  10307(b)(1)(B)(i) Subsec. (a). Pub. L. 117263,  10307(b)(2) section 3501 of this title March 30, 2009 section 3501 of this title Subsec. (b). Pub. L. 117263,  10307(b)(3) Pub. L. 117263,  10307(b)(1)(B)(ii) Subsec. (c). Pub. L. 117263,  10307(b)(4) Subsec. (d). Pub. L. 117263,  10307(b)(5) Subsec. (e). Pub. L. 117263,  10307(b)(1)(B)(iii) Subsec. (f). Pub. L. 117263,  10307(b)(7) (1) other Federal efforts, including the Digital Coast, Geospatial One-Stop, and the Federal Geographic Data Committee; (2) international mapping activities; (3) coastal states; (4) user groups through workshops and other appropriate mechanisms; and (5) representatives of nongovernmental entities. Pub. L. 117263,  10307(b)(1)(B)(iv) Subsec. (g). Pub. L. 117263,  10307(b)(8)  3503. Biennial reports Not later than 18 months after the date of the enactment of the National Ocean Exploration Act, 1 1 1 (1) an inventory of ocean and coastal mapping data, including the data maintained by the National Centers for Environmental Information of the National Oceanic and Atmospheric Administration, within the territorial sea and the exclusive economic zone and throughout the Continental Shelf of the United States, noting the age and source of the survey and the spatial resolution (metadata) of the data; (2) identification of priority areas in need of survey coverage using present technologies; (3) a resource plan that identifies when priority areas in need of modern ocean and coastal mapping surveys can be accomplished, including a plan to map the coasts of the United States on a requirements-based cycle, with mapping agencies and partners coordinating on a unified approach that factors in recent related studies, meets multiple user requirements, and identifies gaps; (4) the status of efforts to produce integrated digital maps of ocean and coastal areas; (5) a description of any products resulting from coordinated mapping efforts under this chapter that improve public understanding of the coasts and oceans, or regulatory decisionmaking; (6) documentation of minimum and desired standards for data acquisition and integrated metadata; (7) a statement of the status of Federal efforts to leverage mapping technologies, coordinate mapping activities, share expertise, and exchange data; (8) a statement of resource requirements for organizations to meet the goals of the program, including technology needs for data acquisition, processing, and distribution systems; (9) a statement of the status of efforts to declassify data gathered by the Navy, the National Geospatial-Intelligence Agency, and other agencies to the extent possible without jeopardizing national security, and make it available to partner agencies and the public; (10) the status of efforts to coordinate Federal programs with international, coastal State, and local government and nongovernmental mapping programs and leverage those programs; (11) a description of efforts of Federal agencies to streamline and expand contracting with nongovernmental entities for the purpose of fulfilling Federal mapping and charting responsibilities, plans, and strategies; (12) an inventory and description of any new Federal or federally funded programs conducting shoreline delineation and ocean or coastal mapping since the previous reporting cycle; (13) a progress report on the development of new and innovative technologies and applications through research and development, including cooperative or other agreements with joint or cooperative research institutes and centers and other nongovernmental entities; (14) a description of best practices in data processing and distribution and leveraging opportunities among agencies represented on the Working Group and with coastal States, coastal Indian Tribes, and nongovernmental entities; (15) an identification of any training, technology, or other requirements for enabling Federal mapping programs, vessels, and aircraft to support a coordinated ocean and coastal mapping program; and (16) a timetable for implementation and completion of the plan described in paragraph (3), including recommendations for integrating new approaches into the program. ( Pub. L. 11111, title XII,  12204 Mar. 30, 2009 123 Stat. 1423 Pub. L. 117263, div. J, title CIII,  10307(c) Dec. 23, 2022 136 Stat. 3977  Editorial Notes  References in Text The date of the enactment of the National Ocean Exploration Act, referred to in text, probably means the date of enactment of Pub. L. 117263 Dec. 23, 2022 Section 5405 of such Act, referred to in text, means section 5405 of the National Ocean Exploration Act, but probably should have been a reference to section 10304 of Pub. L. 117263 section 3408 of this title Pub. L. 117263 Pub. L. 117263 Pub. L. 117263 Amendments 2022 Pub. L. 117263,  10307(c)(1) March 30, 2009 Par. (1). Pub. L. 117263,  10307(c)(2) Par. (3). Pub. L. 117263,  10307(c)(3) Par. (10). Pub. L. 117263,  10307(c)(4) Par. (11). Pub. L. 117263,  10307(c)(4) Par. (12). Pub. L. 117263,  10307(c)(4) Pars. (13) to (16). Pub. L. 117263,  10307(c)(8)  3504. NOAA joint ocean and coastal mapping centers The Administrator may maintain and operate up to three joint ocean and coastal mapping centers, including a joint hydrographic center, which shall each be co-located with an institution of higher education. The centers shall serve as hydrographic centers of excellence and may conduct activities necessary to carry out the purposes of this chapter, including (1) research and development of innovative ocean and coastal mapping technologies, equipment, and data products; (2) mapping of the United States Outer Continental Shelf and other regions; (3) data processing for nontraditional data and uses; (4) advancing the use of remote sensing and uncrewed technologies, for related issues, including mapping and assessment of essential fish habitat and of coral resources, ocean observations, and ocean exploration; and (5) providing graduate education and training in ocean and coastal mapping sciences for members of the National Oceanic and Atmospheric Administration Commissioned Officer Corps, personnel of other agencies with ocean and coastal mapping programs, and civilian personnel. ( Pub. L. 11111, title XII,  12205 Mar. 30, 2009 123 Stat. 1424 Pub. L. 117263, div. J, title CIII,  10307(d)(1) Dec. 23, 2022 136 Stat. 3978  Editorial Notes Amendments 2022 Pub. L. 117263,  10307(d)(2) Subsec. (c). Pub. L. 117263,  10307(d)(1)  3504a. Ocean and coastal mapping Federal funding opportunity (a) In general Not later than one year after the date of the enactment of the National Ocean Exploration Act, 1 1 (b) Rules The Administrator shall develop administrative and procedural rules for the ocean and coastal mapping Federal funding match opportunity developed under subsection (a), to include (1) specific and detailed criteria that must be addressed by an applicant, such as geographic overlap with preestablished priorities, number and type of project partners, benefit to the applicant, coordination with other funding opportunities, and benefit to the public; (2) determination of the appropriate funding match amounts and mechanisms to use, such as grants, agreements, or contracts; and (3) other funding award criteria as are necessary or appropriate to ensure that evaluations of proposals and decisions to award funding under this section are based on objective standards applied fairly and equitably to those proposals. (c) Geospatial services and contract vehicles The ocean and coastal mapping Federal funding match opportunity developed under subsection (a) shall leverage Federal expertise and capacities for geospatial services and Federal geospatial contract vehicles using the private sector for acquisition efficiencies. ( Pub. L. 11111, title XII,  12206 Pub. L. 117263, div. J, title CIII,  10307(e)(2) Dec. 23, 2022 136 Stat. 3978  Editorial Notes  References in Text The date of the enactment of the National Ocean Exploration Act, referred to in subsec. (a), probably means the date of enactment of Pub. L. 117263 Dec. 23, 2022 Pub. L. 117263 Pub. L. 117263 Prior Provisions A prior section 12206 of Pub. L. 11111 section 3505 of this title  3504b. Agreements and financial assistance (a) Agreements Subject to the availability of appropriations for such purpose, the head of a Federal agency that is represented on the Interagency Committee on Ocean and Coastal Mapping may enter into agreements with any other agency that is so represented to provide, on a reimbursable or nonreimbursable basis, facilities, equipment, services, personnel, and other support services to carry out the purposes of this chapter. (b) Financial assistance The Administrator may make financial assistance awards (grants of cooperative agreements) to any State or subdivision thereof or any public or private organization or individual to carry out the purposes of this chapter. ( Pub. L. 11111, title XII,  12207 Pub. L. 117263, div. J, title CIII,  10307(e)(2) Dec. 23, 2022 136 Stat. 3979  Editorial Notes Prior Provisions A prior section 12207 of Pub. L. 11111 section 3506 of this title  3505. Effect on other laws  Nothing in this chapter shall be construed to supersede or alter the existing authorities of any Federal agency with respect to ocean and coastal mapping. ( Pub. L. 11111, title XII,  12208 Mar. 30, 2009 123 Stat. 1426 Pub. L. 117263, div. J, title CIII,  10307(e)(1) Dec. 23, 2022 136 Stat. 3978  Editorial Notes Prior Provisions A prior section 12208 of Pub. L. 11111 section 3507 of this title  3506. Authorization of appropriations (a) In general In addition to the amounts authorized by section 892d of this title (b) Joint ocean and coastal mapping centers Of the amounts appropriated pursuant to subsection (a), the following amounts shall be used to carry out section 3504(c) 1 1 (c) Ocean and coastal mapping Federal funding opportunity Of amounts authorized pursuant to subsection (a), $20,000,000 is authorized to carry out section 3504a of this title ( Pub. L. 11111, title XII,  12209 Mar. 30, 2009 123 Stat. 1426 Pub. L. 117263, div. J, title CIII,  10307(e)(1) Dec. 23, 2022 136 Stat. 3978  Editorial Notes  References in Text Section 3504 of this title Pub. L. 117263, div. J, title CIII,  10307(d)(2)(B) Dec. 23, 2022 136 Stat. 3978 section 3504 of this title Amendments 2022Subsec. (a). Pub. L. 117263,  10307(f)(1) Subsec. (b). Pub. L. 117263,  10307(f)(2) Subsec. (c). Pub. L. 117263,  10307(f)(3) section 3502 of this title section 883e of this title  3507. Definitions In this chapter: (1) Administrator The term Administrator  1 1 (2) Coastal state The term coastal state has the meaning given that term by section 1453(4) of title 16 (3) Working Group The term Working Group means the Interagency Working Group on Ocean and Coastal Mapping under section 3502 of this title (4) Exclusive economic zone The term exclusive economic zone means the exclusive economic zone of the United States established by Presidential Proclamation No. 5030, of March 10, 1983 (5) Ocean and coastal mapping The term ocean and coastal mapping means the acquisition, processing, management, maintenance, interpretation, certification, and dissemination of physical, biological, geological, chemical, and archaeological characteristics and boundaries of ocean and coastal areas, resources, and sea beds through the use of acoustics, satellites, aerial photogrammetry, light and imaging, direct sampling, and other mapping technologies. (6) Territorial sea The term territorial sea means the belt of sea measured from the baseline of the United States determined in accordance with international law, as set forth in Presidential Proclamation Number 5928, dated December 27, 1988 (7) Nongovernmental entities The term nongovernmental entities includes nongovernmental organizations, members of the academic community, and private sector organizations that provide products and services associated with measuring, locating, and preparing maps, charts, surveys, aerial photographs, satellite imagines, 2 2 (8) Outer Continental Shelf The term Outer Continental Shelf means all submerged lands lying seaward and outside of lands beneath navigable waters (as that term is defined in section 1301 of title 43 (9) Coastal Indian Tribe The term coastal Indian Tribe means an Indian Tribe, as defined in section 5304 of title 25 ( Pub. L. 11111, title XII,  12210 Mar. 30, 2009 123 Stat. 1426 Pub. L. 117263, div. J, title CIII,  10307(b)(1)(C) Dec. 23, 2022 136 Stat. 3976  Editorial Notes  References in Text Presidential Proclamation No. 5030, referred to in par. (4), is set out under section 1453 of Title 16 Presidential Proclamation Number 5928, referred to in par. (6), is set out under section 1331 of Title 43 Amendments 2022Par. (3). Pub. L. 117263,  10307(b)(1)(C) section 3502 of this title Par. (5). Pub. L. 117263,  10307(g)(1) Par. (9). Pub. L. 117263,  10307(g)(2) CHAPTER 49 INTEGRATED COASTAL AND OCEAN OBSERVATION SYSTEM    Sec.  3601. Purposes.  3602. Definitions.  3603. Integrated Coastal and Ocean Observing System.  3604. Interagency financing and agreements.  3605. Application with other laws.  3606. Report to Congress.  3607. Public-private use policy.  3608. Repealed.  3609. Intent of Congress.  3610. Authorization of appropriations.  3611. Assessing and modeling named storms over coastal States.  3612. Accelerating innovation at Cooperative Institutes.  3613. Blue Economy valuation.  3601. Purposes The purposes of this chapter are (1) to establish and sustain a national integrated System of ocean, coastal, and Great Lakes observing systems, comprised of Federal and non-Federal components coordinated at the national level by the Council and at the regional level by a network of regional coastal observing systems, and that includes in situ, remote, and other coastal and ocean observation and modeling capabilities, technologies, data management systems, communication systems, and product development systems, and is designed to address regional and national needs for ocean and coastal information, to gather specific data on key ocean, coastal, and Great Lakes variables, and to ensure timely and sustained dissemination and availability of these data (A) to the public; (B) to support national defense, search and rescue operations, marine commerce, navigation safety, weather, climate, and marine forecasting, energy siting and production, economic development, ecosystem-based marine, coastal, and Great Lakes resource management, public safety, and public outreach and education; (C) to promote greater public awareness and stewardship of the Nations ocean, coastal, and Great Lakes resources and the general public welfare; (D) to provide easy access to ocean, coastal, and Great Lakes data and promote data sharing between Federal and non-Federal sources and promote public data sharing; (E) to enable advances in scientific understanding to support the sustainable use, conservation, management, and understanding of healthy ocean, coastal, and Great Lakes resources to ensure the Nation can respond to opportunities to enhance food, economic, and national security; and (F) to monitor and model changes in the oceans and Great Lakes, including with respect to chemistry, harmful algal blooms, hypoxia, water levels, and other phenomena; (2) to improve the Nations capability to measure, track, observe, understand, and predict events related directly and indirectly to weather and climate, natural climate variability, and interactions between the oceanic and atmospheric environments, including the Great Lakes; (3) to sustain, upgrade, and modernize the Nations ocean and Great Lakes observing infrastructure to detect changes and ensure delivery of reliable and timely information; and (4) to authorize activities (A) to promote basic and applied research to develop, test, and deploy innovations and improvements in coastal and ocean observation technologies, including advanced observing technologies such as unmanned maritime systems needed to address critical data gaps, modeling systems, other scientific and technological capabilities to improve the understanding of weather and climate, ocean-atmosphere dynamics, global climate change, and the physical, chemical, and biological dynamics of the ocean, coastal, and Great Lakes environments; and (B) to conserve healthy and restore degraded coastal ecosystems. ( Pub. L. 11111, title XII,  12302 Mar. 30, 2009 123 Stat. 1427 Pub. L. 116271, title I,  101 Dec. 31, 2020 134 Stat. 3331  Editorial Notes Amendments 2020 Pub. L. 116271 Statutory Notes and Related Subsidiaries Short Title of 2020 Amendment Pub. L. 116271,  1(a) Dec. 31, 2020 134 Stat. 3331 This Act [enacting section 10371 of Title 42 section 4057 of Title 42 section 3608 of this title section 3704 of this title Short Title Pub. L. 11111, title XII,  12301 Mar. 30, 2009 123 Stat. 1427 This subtitle [subtitle C ( 1230112312) of title XII of Pub. L. 11111  3602. Definitions In this chapter: (1) Administrator The term Administrator means the Under Secretary of Commerce for Oceans and Atmosphere in the Under Secretarys capacity as Administrator of the National Oceanic and Atmospheric Administration. (2) Council The term Council means the National Ocean Research Leadership Council established by section 8932 of title 10 1 1 (3) Federal assets The term Federal assets means all relevant non-classified civilian coastal and ocean observations, technologies, and related modeling, research, data management, basic and applied technology research and development, and public education and outreach programs, that are managed by member agencies of the Council. (4) Interagency Ocean Observation Committee The term Interagency Ocean Observation Committee means the committee established under section 3603(c)(2) of this title (5) Non-Federal assets The term non-Federal assets means all relevant coastal and ocean observation technologies, related basic and applied technology research and development, and public education and outreach programs that are managed through States, regional organizations, universities, nongovernmental organizations, or the private sector and integrated into the System by a regional coastal observing system, the National Oceanic and Atmospheric Administration, or the agencies participating in the Interagency Ocean Observation Committee. (6) Regional coastal observing system The term regional coastal observing system means an organizational body that is certified or established by contract or memorandum by the lead Federal agency designated in section 3603(c)(3) of this title (7) Secretary The term Secretary means the Secretary of Commerce, acting through the Administrator. (8) System The term System means the National Integrated Coastal and Ocean Observation System established under section 3603 of this title (9) System Plan The term System Plan means the plan contained in the document entitled Ocean. US Publication No. 9, The First Integrated Ocean Observing System (IOOS) Development Plan, as updated by the Council under this chapter. ( Pub. L. 11111, title XII,  12303 Mar. 30, 2009 123 Stat. 1428 Pub. L. 116271, title I,  102 Dec. 31, 2020 134 Stat. 3333  Editorial Notes  References in Text The reference to the National Ocean Research Leadership Council established by section 8932 of title 10 section 8932 of title 10 Pub. L. 116283 Amendments 2020Par. (2). Pub. L. 116271,  102(1) Par. (5). Pub. L. 116271,  102(2) Par. (6). Pub. L. 116271,  102(3) Par. (7). Pub. L. 116271,  102(4)  3603. Integrated Coastal and Ocean Observing System (a) Establishment The President, acting through the Council, shall establish a National Integrated Coastal and Ocean Observation System to fulfill the purposes set forth in section 3601 of this title (b) System elements (1) In general In order to fulfill the purposes of this chapter, the System shall be national in scope and consist of (A) Federal assets to fulfill national and international observation missions and priorities; (B) non-Federal assets, including a network of regional coastal observing systems identified under subsection (c)(4), to fulfill regional and national observation missions and priorities; (C) observing, modeling, data management, and communication systems for the timely integration and dissemination of data and information products from the System, including reviews of data collection procedures across regions and programs to make recommendations for data collection standards across the System to meet national ocean, coastal, and Great Lakes observation, applied research, and weather forecasting needs; (D) a product development system to transform observations into products in a format that may be readily used and understood; and (E) a research and development program conducted under the guidance of the Council, consisting of (i) basic and applied research and technology development (I) to improve understanding of coastal and ocean systems and their relationships to human activities; and (II) to ensure improvement of operational assets and products, including related infrastructure, observing technologies such as unmanned maritime systems, and information and data processing and management technologies; (ii) an advanced observing technology development program to fill gaps in technology; (iii) large scale computing resources and research to advance modeling of ocean, coastal, and Great Lakes processes; (iv) models to improve regional weather forecasting capabilities and regional weather forecasting products; and (v) reviews of data collection procedures across regions and programs to make recommendations for data collection standards across the System to meet national ocean, coastal, and Great Lakes observation, applied research, and weather forecasting needs. (2) Enhancing administration and management The head of each Federal agency that has administrative jurisdiction over a Federal asset shall support the purposes of this chapter and may take appropriate actions to enhance internal agency administration and management to better support, integrate, finance, and utilize observation data, products, and services developed under this section to further its own agency mission and responsibilities. (3) Availability of data The head of each Federal agency that has administrative jurisdiction over a Federal asset shall make available data that are produced by that asset and that are not otherwise restricted for integration, management, and dissemination by the System for research and for use in the development of products to address societal needs. (4) Non-Federal assets Non-Federal assets shall be coordinated, as appropriate, by the Interagency Ocean Observing Committee or by regional coastal observing systems. (c) Policy oversight, administration, and regional coordination (1) Council functions The Council shall serve as the policy and coordination oversight body for all aspects of the System. In carrying out its responsibilities under this chapter, the Council shall (A) approve and adopt comprehensive System budgets developed and maintained by the Interagency Ocean Observation Committee to support System operations, including operations of both Federal and non-Federal assets; (B) ensure coordination of the System with other domestic and international earth observing activities including the Global Ocean Observing System and the Global Earth Observing System of Systems, and provide, as appropriate, support for and representation on United States delegations to international meetings on coastal and ocean observing programs; and (C) encourage coordinated intramural and extramural research and technology development, and a process to transition developing technology and methods into operations of the System. (2) Interagency Ocean Observation Committee (A) Establishment The Council shall establish or designate a committee, which shall be known as the Interagency Ocean Observation Committee. (B) Duties The Interagency Ocean Observation Committee shall (i) prepare annual and long-term plans for consideration and approval by the Council for the integrated design, operation, maintenance, enhancement, and expansion of the System to meet the objectives of this chapter and the System Plan; (ii) develop and transmit to Congress, along with the budget submitted by the President to Congress pursuant to section 1105(a) of title 31 (I) to operate all elements of the System identified in subsection (b); and (II) to ensure continuity of data streams from Federal and non-Federal assets; (iii) establish requirements for observation data variables to be gathered by both Federal and non-Federal assets and identify, in consultation with regional coastal observing systems, priorities for System observations; (iv) establish and define protocols and standards for System data processing, management, collection, configuration standards, formats, and communication for new and existing assets throughout the System network; (v) develop contract requirements for each regional coastal observing system (I) to establish eligibility for integration into the System; (II) to ensure compliance with all applicable standards and protocols established by the Council; and (III) to ensure that regional observations are integrated into the System on a sustained basis; (vi) identify gaps in observation coverage or needs for capital improvements of both Federal assets and non-Federal assets; (vii) subject to the availability of appropriations, establish through 1 or more Federal agencies participating in the Interagency Ocean Observation Committee, in consultation with the System advisory committee established under subsection (d), a competitive matching grant or other programs (I) to promote intramural and extramural research and development of new, innovative, and emerging observation technologies including testing and field trials; and (II) to facilitate the migration of new, innovative, and emerging scientific and technological advances from research and development to operational deployment; (viii) periodically (I) review the System Plan; and (II) submit to the Council such recommendations as the Interagency Ocean Observation Committee may have for improvements to the System Plan; (ix) ensure collaboration among Federal agencies participating in the Interagency Ocean Observation Committee; and (x) perform such additional duties as the Council may delegate. (3) Lead Federal agency (A) In general The National Oceanic and Atmospheric Administration shall function as the lead Federal agency for the implementation and administration of the System. (B) Consultation required In carrying out this paragraph, the Administrator shall consult with the Council, the Interagency Ocean Observation Committee, other Federal agencies that maintain portions of the System, and the regional coastal observing systems. (C) Requirements In carrying out this paragraph, the Administrator shall (i) establish and operate an Integrated Ocean Observing System Program Office within the National Oceanic and Atmospheric Administration that (I) utilizes, to the extent necessary, personnel from Federal agencies participating in the Interagency Ocean Observation Committee; and (II) oversees daily operations and coordination of the System; (ii) implement policies, protocols, and standards approved by the Council and delegated by the Interagency Ocean Observation Committee; (iii) promulgate program guidelines (I) to certify and integrate regional associations into the System; and (II) to provide regional coastal and ocean observation data that meet the needs of user groups from the respective regions; (iv) have the authority to enter into and oversee contracts, leases, grants, or cooperative agreements with non-Federal assets, including regional coastal observing systems, to support the purposes of this chapter on such terms as the Administrator deems appropriate; (v) implement and maintain a merit-based, competitive funding process to support non-Federal assets, including the development and maintenance of a national network of regional coastal observing systems, and develop and implement a process for the periodic review and evaluation of the regional associations; (vi) provide opportunities for competitive contracts and grants for demonstration projects to design, develop, integrate, deploy, maintain, and support components of the System; (vii) establish and maintain efficient and effective administrative procedures for the timely allocation of funds among contractors, grantees, and non-Federal assets, including regional coastal observing systems; (viii) develop and implement a process for the periodic review and evaluation of the regional coastal observing systems; (ix) formulate an annual process by which gaps in observation coverage or needs for capital improvements of Federal assets and non-Federal assets of the System are (I) identified by the regional associations described in the System Plan, the Administrator, or other members of the System; and (II) submitted to the Interagency Ocean Observation Committee; (x) develop and be responsible for a data management and communication system, in accordance with standards and protocols established by the Interagency Ocean Observation Committee, by which all data collected by the System regarding ocean and coastal waters of the United States including the Great Lakes, are processed, stored, integrated, and made available to all end-user communities; (xi) not less frequently than once each year, submit to the Interagency Ocean Observation Committee a report on the accomplishments, operational needs, and performance of the System to contribute to the annual and long-term plans prepared pursuant to paragraph (2)(B)(i); (xii) develop and periodically update a plan to efficiently integrate into the System new, innovative, or emerging technologies that have been demonstrated to be useful to the System and which will fulfill the purposes of this chapter and the System Plan; and (xiii) work with users and regional associations to develop products to enable real-time data sharing for decision makers, including with respect to weather forecasting and modeling, search and rescue operations, corrosive seawater forecasts, water quality monitoring and communication, and harmful algal bloom forecasting. (4) Regional coastal observing systems (A) In general A regional coastal observing system described in the System Plan as a regional association may not be certified or established under this chapter unless it (i) has been or shall be certified or established by contract or agreement by the Administrator; (ii) meets (I) the certification standards and compliance procedure guidelines issued by the Administrator; and (II) the information needs of user groups in the region while adhering to national standards; (iii) demonstrates an organizational structure, that under funding limitations is capable of (I) gathering required System observation data; (II) supporting and integrating all aspects of coastal and ocean observing and information programs within a region; and (III) reflecting the needs of State, local, and tribal governments, commercial interests, and other users and beneficiaries of the System and other requirements specified under this chapter and the System Plan; (iv) identifies (I) gaps in observation coverage needs for capital improvements of Federal assets and non-Federal assets of the System; and (II) other recommendations to assist in the development of the annual and long-term plans prepared pursuant to paragraph (2)(B)(i) and transmits such information to the Interagency Ocean Observation Committee through the Program Office established under paragraph (3)(C)(i); (v) develops and operates under a strategic plan that will ensure the efficient and effective administration of programs and assets to support daily data observations for integration into the System, pursuant to the standards approved by the Council; (vi) works cooperatively with governmental and nongovernmental entities at all levels to identify and provide information products of the System for multiple users within the service area of the regional coastal observing system; and (vii) complies with all financial oversight requirements established by the Administrator, including requirements relating to audits. (B) Participation For the purposes of this chapter, employees of Federal agencies are permitted to be members of the governing body for the regional coastal observing systems and may participate in the functions of the regional coastal observing systems. (d) System advisory committee (1) In general The Administrator shall establish or designate a System advisory committee, which shall provide advice as may be requested by the Administrator or the Council under this chapter 1 1 (2) Purpose The purpose of the System advisory committee is to advise the Administrator and the Interagency Ocean Observing Committee on (A) administration, operation, management, and maintenance of the System, including integration of Federal and non-Federal assets and data management, data sharing, and communication aspects of the System, and fulfillment of the purposes set forth in section 3601 of this title (B) expansion and periodic modernization and upgrade of technology components of the System; (C) identification of end-user communities, their needs for information provided by the System, and the Systems effectiveness in disseminating information to end-user communities and the general public; (D) additional priorities, including (i) a national surface current mapping network designed to improve fine scale sea surface mapping using high frequency radar technology and other emerging technologies to address national priorities, including Coast Guard search and rescue operation planning and harmful algal bloom forecasting and detection that (I) is comprised of existing high frequency radar and other sea surface current mapping infrastructure operated by national programs and regional coastal observing systems; (II) incorporates new high frequency radar assets or other fine scale sea surface mapping technology assets, and other assets needed to fill gaps in coverage on United States coastlines; and (III) follows a deployment plan that prioritizes closing gaps in high frequency radar infrastructure in the United States, starting with areas demonstrating significant sea surface current data needs, especially in areas where additional data will improve Coast Guard search and rescue models; (ii) fleet acquisition for unmanned maritime systems for deployment and data integration to fulfill the purposes of this chapter; (iii) an integrative survey program for application of unmanned maritime systems to the real-time or near real-time collection and transmission of sea floor, water column, and sea surface data on biology, chemistry, geology, physics, and hydrography; (iv) remote sensing and data assimilation to develop new analytical methodologies to assimilate data from the System into hydrodynamic models; (v) integrated, multi-State monitoring to assess sources, movement, and fate of sediments in coastal regions; (vi) a multi-region marine sound monitoring system to be (I) planned in consultation with the Interagency Ocean Observation Committee, the National Oceanic and Atmospheric Administration, the Department of the Navy, and academic research institutions; and (II) developed, installed, and operated in coordination with the National Oceanic and Atmospheric Administration, the Department of the Navy, and academic research institutions; and (E) any other purpose identified by the Administrator or the Council. (3) Members (A) In general The System advisory committee shall be composed of members appointed by the Administrator. Members shall be qualified by education, training, and experience to evaluate scientific and technical information related to the design, operation, maintenance, or use of the System, or use of data products provided through the System. (B) Terms of service The Administrator may stagger the terms of the System advisory committee members. Members shall be appointed for 3-year terms, renewable once. A vacancy appointment shall be for the remainder of the unexpired term of the vacancy, and an individual so appointed may subsequently be appointed for 2 full 3-year terms if the remainder of the unexpired term is less than 1 year. (C) Chairperson The Administrator shall designate a chairperson from among the members of the System advisory committee. (D) Appointment Members of the System advisory committee shall be appointed as special Government employees for purposes of section 202(a) of title 18 (4) Administrative provisions (A) Reporting The System advisory committee shall report to the Administrator, as appropriate. (B) Administrative support The Administrator shall provide administrative support to the System advisory committee. (C) Meetings The System advisory committee shall meet at least once each year, and at other times at the call of the Administrator, the Interagency Ocean Observation Committee, or the chairperson. (D) Compensation and expenses Members of the System advisory committee shall not be compensated for service on that Committee, but may be allowed travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5. (E) Expiration Section 1013 of title 5 (e) Civil liability For purposes of determining liability arising from the dissemination and use of observation data gathered pursuant to this section, any non-Federal asset or regional coastal observing system incorporated into the System by a memorandum of agreement of certification under subsection (c)(3)(C)(iii) that is participating in the System shall be considered to be part of the National Oceanic and Atmospheric Administration. Any employee of such a non-Federal asset or regional coastal observing system, while operating within the scope of his or her employment in carrying out the purposes of this chapter, with respect to tort liability, is deemed to be an employee of the Federal Government. (f) Limitation Nothing in this chapter shall be construed to invalidate existing certifications, contracts, or agreements between regional coastal observing systems and other elements of the System. ( Pub. L. 11111, title XII,  12304 Mar. 30, 2009 123 Stat. 1429 Pub. L. 116271, title I,  103 Dec. 31, 2020 134 Stat. 3333 Pub. L. 117286,  4(a)(209) Dec. 27, 2022 136 Stat. 4329  Editorial Notes Amendments 2022Subsec. (d)(4)(E). Pub. L. 117286 Section 1013 of title 5 2020Subsec. (b)(1). Pub. L. 116271,  103(a)(1) Subsec. (b)(3). Pub. L. 116271,  103(a)(2) Subsec. (b)(4). Pub. L. 116271,  103(e) Subsec. (c)(2) to (4). Pub. L. 116271,  103(b) Subsec. (d)(1). Pub. L. 116271,  103(c)(1) Subsec. (d)(2)(A). Pub. L. 116271,  103(c)(2)(A) Subsec. (d)(2)(D), (E). Pub. L. 116271,  103(c)(2)(B) Subsec. (d)(3)(B). Pub. L. 116271,  103(c)(2)(D) Subsec. (d)(4)(A). Pub. L. 116271,  103(c)(2)(E)(i) Subsec. (d)(4)(C). Pub. L. 116271,  103(c)(2)(E)(ii) Subsec. (e). Pub. L. 116271,  103(d) Subsec. (f). Pub. L. 116271,  103(e)  3604. Interagency financing and agreements (a) In general The Secretary of Commerce may execute an agreement, on a reimbursable or nonreimbursable basis, with any State or subdivision thereof, any Federal agency, any public or private organization, or any individual to carry out activities under this chapter. (b) Reciprocity Member Departments and agencies of the Council shall have the authority to create, support, and maintain joint centers, and to enter into and perform such contracts, leases, grants, and cooperative agreements as may be necessary to carry out the purposes of this chapter and fulfillment of the System Plan. ( Pub. L. 11111, title XII,  12305 Mar. 30, 2009 123 Stat. 1434 Pub. L. 116271, title I,  104 Dec. 31, 2020 134 Stat. 3339  Editorial Notes Amendments 2020Subsec. (a). Pub. L. 116271  3605. Application with other laws  Nothing in this chapter supersedes or limits the authority of any agency to carry out its responsibilities and missions under other laws. ( Pub. L. 11111, title XII,  12306 Mar. 30, 2009 123 Stat. 1435  3606. Report to Congress (a) Requirement Not later than March 30, 2022 (b) Contents Each report required under subsection (a) shall include (1) a description of activities carried out under this chapter and the System Plan; (2) an evaluation of the effectiveness of the System, including an evaluation of progress made by the Council to achieve the goals identified under the System Plan; (3) the identification of Federal and non-Federal assets as determined by the Council that have been integrated into the System, including assets essential to the gathering of required observation data variables necessary to meet the respective missions of Council agencies; (4) a review of procurements, planned or initiated, by each department or agency represented on the Council to enhance, expand, or modernize the observation capabilities and data products provided by the System, including data management and communication subsystems; (5) a summary of the existing gaps in observation infrastructure and monitoring data collection, including (A) priorities considered by the System advisory committee; (B) the national sea surface current mapping network; (C) coastal buoys; (D) ocean chemistry monitoring; (E) marine sound monitoring; and (F) unmanned maritime systems technology gaps; (6) an assessment regarding activities to integrate Federal and non-Federal assets, nationally and on the regional level, and discussion of the performance and effectiveness of regional coastal observing systems to coordinate regional observation operations; (7) a description of benefits of the program to users of data products resulting from the System (including the general public, industries, scientists, resource managers, emergency responders, policy makers, and educators); (8) recommendations, if any, concerning (A) modifications to the System; and (B) funding levels for the System in subsequent fiscal years; and (9) the results of a periodic external independent programmatic audit of the System. ( Pub. L. 11111, title XII,  12307 Mar. 30, 2009 123 Stat. 1435 Pub. L. 116271, title I,  105 Dec. 31, 2020 134 Stat. 3339  Editorial Notes Amendments 2020 Pub. L. 116271 March 30, 2009  3607. Public-private use policy  The Council shall maintain a policy that defines processes for making decisions about the roles of the Federal Government, the States, regional coastal observing systems, the academic community, and the private sector in providing to end-user communities environmental information, products, technologies, and services related to the System. The Administrator shall ensure that the National Oceanic and Atmospheric Administration adheres to the decision making process developed by the Council regarding the roles of the Federal Government, the States, the regional coastal observing systems, the academic community, and the private sector in providing end-user communities environmental information, data products, technologies, and services related to the System. ( Pub. L. 11111, title XII,  12308 Mar. 30, 2009 123 Stat. 1435 Pub. L. 116271, title I,  106 Dec. 31, 2020 134 Stat. 3340  Editorial Notes Amendments 2020 Pub. L. 116271 March 30, 2009  3608. Repealed. Pub. L. 116271, title I,  107(a) Dec. 31, 2020 134 Stat. 3341   Section, Pub. L. 11111, title XII,  12309 Mar. 30, 2009 123 Stat. 1436 Mar. 30, 2009  3609. Intent of Congress  It is the intent of Congress that funding provided to agencies of the Council to implement this chapter shall supplement, and not replace, existing sources of funding for other programs. It is the further intent of Congress that agencies of the Council shall not enter into contracts or agreements for the development or procurement of new Federal assets for the System that are estimated to be in excess of $250,000,000 in life-cycle costs without first providing adequate notice to Congress and opportunity for review and comment. ( Pub. L. 11111, title XII,  12310 Mar. 30, 2009 123 Stat. 1436  3610. Authorization of appropriations There are authorized to be appropriated to the Secretary of Commerce to support the integrated oceans observations under this chapter (1) $48,000,000 for fiscal year 2021; (2) $50,000,000 for fiscal year 2022; (3) $52,000,000 for fiscal year 2023; (4) $54,000,000 for fiscal year 2024; and (5) $56,000,000 for fiscal year 2025. ( Pub. L. 11111, title XII,  12311 Mar. 30, 2009 123 Stat. 1436 Pub. L. 116271, title I,  108 Dec. 31, 2020 134 Stat. 3341  Editorial Notes Amendments 2020 Pub. L. 116271  3611. Assessing and modeling named storms over coastal States (a) Definitions In this section: (1) COASTAL Formula The term COASTAL Formula has the meaning given the term in section 4057(a) of title 42 (2) Coastal State The term coastal State has the meaning given the term coastal state in section 1453 of title 16 (3) Coastal waters The term coastal waters has the meaning given the term in such section. (4) Covered data The term covered data means, with respect to a named storm identified by the Administrator under subsection (b)(2)(A), empirical data that are (A) collected before, during, or after such storm; and (B) necessary to determine magnitude and timing of wind speeds, rainfall, the barometric pressure, river flows, the extent, height, and timing of storm surge, topographic and bathymetric data, and other measures required to accurately model and assess damage from such storm. (5) Indeterminate loss The term indeterminate loss has the meaning given the term in section 4057(a) of title 42 (6) Named storm The term named storm means any organized weather system with a defined surface circulation and maximum sustained winds of at least 39 miles per hour which the National Hurricane Center of the United States National Weather Service names as a tropical storm or a hurricane. (7) Named Storm Event Model The term Named Storm Event Model means the official meteorological and oceanographic computerized model, developed by the Administrator under subsection (b)(1)(A), which utilizes covered data to replicate the magnitude, timing, and spatial variations of winds, rainfall, and storm surges associated with named storms for which post-storm assessments are conducted. (8) Participant The term participant means a Federal, State, or private entity that chooses to cooperate with the Administrator in carrying out the provisions of this section by collecting, contributing, and maintaining covered data. (9) Post-storm assessment The term post-storm assessment means a scientific assessment produced and certified by the Administrator to determine the magnitude, timing, and spatial variations of winds, rainfall, and storm surges associated with a specific named storm to be used in the COASTAL Formula. (10) State The term State means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. (b) Named Storm Event Model and post-storm assessment (1) Establishment of Named Storm Event Model (A) In general Not later than December 31, 2020 (B) Accuracy The Named Storm Event Model shall be designed to generate post-storm assessments, as provided in paragraph (2), that have a degree of accuracy of not less than 90 percent for an indeterminate loss for which a post-storm assessment is utilized. (C) Public review The Administrator shall seek input and suggestions from the public before the Named Storm Event Model, or any modification to the Named Storm Event Model, takes effect. (2) Post-storm assessment (A) Identification of named storms threatening coastal States After the establishment of the COASTAL Formula, the Administrator shall, in consultation with the Secretary of Homeland Security, identify named storms that may reasonably constitute a threat to any portion of a coastal State. (B) Data collection (i) In general Upon identification of a named storm under subparagraph (A), and pursuant to the protocol established under subsection (c), the Administrator may deploy sensors to enhance the collection of covered data in the areas in coastal States that the Administrator determines are at the highest risk of experiencing geophysical events that would cause indeterminate losses. (ii) Rule of construction If the Administrator takes action under clause (i), that action may not be construed as indicating that a post-storm assessment will be developed for any coastal State in which that action is taken. (C) Identification of indeterminate losses in coastal States Not later than 30 days after the first date on which sustained winds of not less than 39 miles per hour are measured in a coastal State during a named storm identified under subparagraph (A), the Secretary of Homeland Security shall notify the Administrator with respect to the existence of any indeterminate losses in that coastal State resulting from that named storm. (D) Post-storm assessment required Upon confirmation of indeterminate losses identified under subparagraph (C) with respect to a named storm, the Administrator shall develop a post-storm assessment for each coastal State that suffered such indeterminate losses as a result of the named storm using the Named Storm Event Model and covered data collected for such named storm pursuant to the protocol established under subsection (c)(1). (E) Submittal of post-storm assessment Not later than 90 days after any indeterminate losses are identified under subparagraph (C), the Administrator shall submit to the Secretary of Homeland Security the post-storm assessment developed under subparagraph (D) for any coastal State that suffered such indeterminate losses. (F) Separate post-storm assessments for a single named storm (i) In general The Administrator may conduct a separate post-storm assessment for each coastal State in which indeterminate losses are identified under subparagraph (C). (ii) Timeline If the Administrator conducts a separate post-storm assessment under clause (i), the Administrator shall complete the assessment based on the dates of actions that the Administrator takes under subparagraph (D). (3) Accuracy The Administrator shall ensure, to the greatest extent practicable, that each post-storm assessment developed under paragraph (2) has a degree of accuracy of not less than 90 percent. (4) Certification For each post-storm assessment carried out under paragraph (2), the Administrator shall (A) certify the degree of accuracy for such assessment, including specific reference to any segments or geographic areas for which the assessment is less than 90 percent accurate; and (B) report such certification to the Secretary of Homeland Security for the purposes of use with indeterminate loss claims under section 4057 of title 42 (5) Finality of determinations A certification of the degree of accuracy of a post-storm assessment under this subsection by the Administrator shall be final and shall not be subject to judicial review. (6) Availability The Administrator shall make available to the public the Named Storm Event Model and any post-storm assessment developed under this subsection. (c) Establishment of a protocol for post-storm assessment (1) In general Not later than December 31, 2020 (2) Acquisition of sensors and structures If the Administrator is unable to use a public or private asset to obtain covered data as part of the protocol established under paragraph (1), the Administrator may acquire such sensors and structures for the placement of sensors as may, in the discretion of the Administrator, be necessary to obtain such data. (3) Use of Federal assets If the protocol requires placement of a sensor to develop assessments pursuant to subsection (b), the Administrator shall, to the extent practicable, use Federal assets for the placement of such sensors. (4) Use of acquired structures (A) In general If the Administrator acquires a structure for the placement of a sensor for purposes of such protocol, the Administrator shall to the extent practical permit other public and private entities to place sensors on such structure to collect (i) meteorological data; (ii) national security-related data; (iii) navigation-related data; (iv) hydrographic data; or (v) such other data as the Administrator considers appropriate. (B) Receipt of consideration The Administrator may receive and expend consideration for the placement of a sensor on a structure under subparagraph (A). (C) In-kind consideration Consideration received under subparagraph (B) may be received in-kind. (D) Use of consideration To the extent practicable, consideration received under subparagraph (B) shall be used for the maintenance of sensors used to collect covered data. (5) Coordinated deployments and data collection practices The Administrator shall, in consultation with the Office of the Federal Coordinator for Meteorology, coordinate the deployment of sensors as part of the protocol established under paragraph (1) and related data collection carried out by Federal, State, academic, and private entities who choose to cooperate with the Administrator in carrying out this subsection. (6) Priority acquisition and deployment The Administrator shall give priority in the acquisition for and deployment of sensors under the protocol required by paragraph (1) to areas of coastal States that have the highest risk of being harmed by named storms. (d) Assessment of systems and efforts to collect covered data (1) Identification of systems and efforts to collect covered data Not later than 180 days after July 6, 2012 (A) carry out a survey to identify all Federal and State efforts and systems that are capable of collecting covered data; and (B) consult with private and academic sector entities to identify domestic private and academic systems that are capable of collecting covered data. (2) Identification of gaps The Administrator shall, in consultation with the Office of the Federal Coordinator for Meteorology and individuals and entities consulted under subsection (e)(3), assess the systems identified under paragraph (1) and identify which systems meet the needs of the National Oceanic and Atmospheric Administration for the collection of covered data, including with respect to the accuracy requirement for post-storm assessment under subsection (b)(3). (3) Plan Not later than 270 days after July 6, 2012 (e) Coordination of covered data collection and maintenance by participants (1) In general The Administrator shall, in consultation with the Office of the Federal Coordinator for Meteorology, coordinate the collection and maintenance of covered data by participants under this section (A) to streamline the process of collecting covered data in accordance with the protocol established under subsection (c)(1); and (B) to maintain transparency of such process and the database established under subsection (f). (2) Sharing information The Administrator shall establish a process for sharing among participants information relevant to collecting and using covered data for (A) academic research; (B) private sector use; (C) public outreach; and (D) such other purposes as the Administrator considers appropriate. (3) Consultation In carrying out paragraphs (1) and (2), the Administrator shall consult with the following: (A) The Commanding General of the Corps of Engineers. (B) The Administrator of the Federal Emergency Management Agency. (C) The Commandant of the Coast Guard. (D) The Director of the United States Geological Survey. (E) The Office of the Federal Coordinator for Meteorology. (F) The Director of the National Science Foundation. (G) The Administrator of the National Aeronautics and Space Administration. (H) Such public, private, and academic sector entities as the Administrator considers appropriate for purposes of carrying out the provisions of this section. (f) Establishment of Coastal Wind and Water Event Database (1) In general Not later than 1 year after July 6, 2012 (A) to support the protocol established under subsection (c)(1); and (B) for the purposes listed in subsection (e)(2). (2) Designation The database established under paragraph (1) shall be known as the Coastal Wind and Water Event Database. (g) Comptroller General study Not later than 1 year after July 6, 2012 (1) complete an audit of Federal efforts to collect covered data for purposes of the Consumer Option for an Alternative System to Allocate Losses Act of 2012, which audit shall (A) examine duplicated Federal efforts to collect covered data; and (B) determine the cost effectiveness of such efforts; and (2) submit to the Committee on Banking, Housing, and Urban Affairs and the 1 1 ( Pub. L. 11111, title XII,  12312 Pub. L. 112141, div. F, title II,  100252 July 6, 2012 126 Stat. 969 Pub. L. 116271, title II,  201(a) Dec. 31, 2020 134 Stat. 3344  Editorial Notes  References in Text The Consumer Option for an Alternative System to Allocate Losses Act of 2012, referred to in subsec. (g)(1), is subtitle B ( 100251100253) of title II of div. F of Pub. L 112141, which enacted this section, section 4057 of Title 42 section 4001 of Title 42 section 4001 of Title 42 Amendments 2020Subsec. (a)(2). Pub. L. 116271,  201(a)(1)(A) Subsec. (a)(6). Pub. L. 116271,  201(a)(1)(B) Subsec. (a)(7). Pub. L. 116271,  201(a)(1)(C) Subsec. (b)(1)(A). Pub. L. 116271,  201(a)(2)(A)(i) December 31, 2020 July 6, 2012 Subsec. (b)(1)(B). Pub. L. 116271,  201(a)(2)(A)(ii) Subsec. (b)(1)(C). Pub. L. 116271,  201(a)(2)(A)(iii) Subsec. (b)(2)(B), (C). Pub. L. 116271,  201(a)(2)(B)(ii) Subsec. (b)(2)(D). Pub. L. 116271,  201(a)(2)(B)(iii) Pub. L. 116271,  201(a)(2)(B)(i) Subsec. (b)(2)(E). Pub. L. 116271,  201(a)(2)(B)(iv) Pub. L. 116271,  201(a)(2)(B)(i) Subsec. (b)(2)(F). Pub. L. 116271,  201(a)(2)(B)(v) Subsec. (c)(1). Pub. L. 116271,  201(a)(3)(A) December 31, 2020 July 6, 2012 Subsec. (c)(2). Pub. L. 116271,  201(a)(3)(B) Subsec. (c)(4)(B). Pub. L. 116271,  201(a)(3)(C)  3612. Accelerating innovation at Cooperative Institutes (a) Focus on emerging technologies The Administrator shall consider evaluating the goals of 1 or more Cooperative Institutes of the Administration to include focusing on advancing or applying emerging technologies, which may include (1) applied uses and development of real-time and other advanced genetic technologies and applications, including such technologies and applications that derive genetic material directly from environmental samples without any obvious signs of biological source material; (2) deployment of, and improvements to the durability, maintenance, and other lifecycle concerns of, advanced unmanned vehicles, regional small research vessels, and other research vessels that support and launch unmanned vehicles and sensors; and (3) supercomputing and big data management, including data collected through model outputs, electronic monitoring, and remote sensing. (b) Coordination with other programs The Cooperative Institutes shall work with the Interagency Ocean Observation Committee, the regional associations of the Integrated Ocean Observing System, and other ocean observing programs to coordinate technology needs and the transition of new technologies from research to operations. ( Pub. L. 117263, div. J, title CI,  10104 Dec. 23, 2022 136 Stat. 3958  Editorial Notes Codification Section was enacted as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and not as part of the Integrated Coastal and Ocean Observation System Act of 2009 which comprises this chapter. Statutory Notes and Related Subsidiaries Purpose Pub. L. 117263, div. J, title CI,  10101 Dec. 23, 2022 136 Stat. 3957  The purpose of this title [enacting this section and section 3613 of this title section 893c of this title (1) the monitoring, understanding, and exploration of the Great Lakes, oceans, bays, estuaries, and coasts; and (2) the collection, analysis, synthesis, and sharing of data related to the Great Lakes, oceans, bays, estuaries, and coasts to facilitate scientific research and operational decisionmaking. No Additional Funds Authorized Pub. L. 117263, div. J, title CI,  10106 Dec. 23, 2022 136 Stat. 3961 Funds to carry out this title [enacting this section and section 3613 of this title section 893c of this title  Definitions Pub. L. 117263, div. J, title CI,  10102 Dec. 23, 2022 136 Stat. 3957  In this title [enacting this section and section 3613 of this title section 893c of this title (1)  Administration The term Administration means the National Oceanic and Atmospheric Administration. (2)  Administrator The term Administrator means the Under Secretary of Commerce for Oceans and Atmosphere in the capacity as Administrator of the National Oceanic and Atmospheric Administration. (3)  Indian tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304  3613. Blue Economy valuation (a) Measurement of industries The Administrator, in consultation with the heads of other relevant Federal agencies and subject to the availability of appropriations, shall establish a program to improve the collection, aggregation, and analysis of data to measure the value and impact of industries related to the Great Lakes, oceans, bays, estuaries, and coasts on the economy of the United States, including military uses, living resources, marine construction, marine transportation, offshore energy development and siting including for renewable energy, offshore mineral production, ship and boat building, tourism, recreation, subsistence, commercial, recreational, and charter fishing, seafood processing, and other fishery-related businesses, aquaculture such as kelp and shellfish, and other industries the Administrator determines appropriate. (b) Collaboration In carrying out subsection (a), the Administrator shall (1) work with the Director of the Bureau of Economic Analysis and the heads of other relevant Federal agencies to develop a Coastal and Ocean Economy Satellite Account that includes national, Tribal, and State-level statistics to measure the contribution of the Great Lakes, oceans, bays, estuaries, and coasts to the overall economy of the United States; and (2) collaborate with national and international organizations and governments to promote consistency of methods, measurements, and definitions to ensure comparability of results between countries. (c) Report Not later than 2 years after December 23, 2022 December 23, 2022 (1) defines the Blue Economy in consultation with Indian Tribes and with input from academia, the private sector, nongovernmental organizations, and other relevant experts; (2) makes recommendations for updating North American Industry Classification System reporting codes to reflect the Blue Economy; and (3) provides a comprehensive estimate of the value and impact of the Blue Economy with respect to each State and territory of the United States, including (A) the value and impact of (i) economic activities that are dependent upon the resources of the Great Lakes, oceans, bays, estuaries, and coasts; (ii) the population and demographic characteristics of the population along the coasts; (iii) port and shoreline infrastructure; (iv) the volume and value of cargo shipped by sea or across the Great Lakes; (v) data collected from the Great Lakes, oceans, bays, estuaries, and coasts, including such data collected by businesses that purchase and commodify the data, including weather prediction and seasonal agricultural forecasting; and (vi) military uses; and (B) to the extent possible, the qualified value and impact of the natural capital of the Great Lakes, oceans, bays, estuaries, and coasts with respect to tourism, recreation, natural resources, and cultural heritage, including other indirect values. (d) Centralized website for resiliency grants (1) In general Not later than 180 days after December 23, 2022 (2) Contents of website The website created under paragraph (1) shall include the following: (A) Hyperlinks, descriptions, deadlines, and resources to support applicants including technical assistance and other information as the Administrator determines appropriate relating to resilience grants administered by (i) the Administration; (ii) other relevant Federal agencies; or (iii) foundations in coordination with the Administration. (B) Information described in subparagraph (A) that is specific to supporting Tribal Governments and Tribal Colleges and Universities, and, with respect to each such grant described in paragraph (1), the contact information for an individual of the Administration who can assist Tribal Governments and Tribal Colleges and Universities in applying for such grants. (C) Information described in subparagraph (A) that is specific to supporting Historically Black Colleges and Universities, and, with respect to each such grant described in paragraph (1), the contact information for an individual of the Administration who can assist Historically Black Colleges and Universities in applying for such grants. (3) Outreach The Administrator shall conduct outreach activities to inform State, Tribal, and local governments of resiliency, adaptation, and mitigation grants that are available to such governments. (4) Definitions In this section: (A) Historically Black Colleges and Universities The term Historically Black Colleges and Universities has the meaning given the term part B institution in section 1061 of title 20 (B) Tribal College or University The term Tribal College or University has the meaning given the term in section 1059c of title 20 ( Pub. L. 117263, div. J, title CI,  10105 Dec. 23, 2022 136 Stat. 3959  Editorial Notes Codification Section was enacted as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and not as part of the Integrated Coastal and Ocean Observation System Act of 2009 which comprises this chapter. Statutory Notes and Related Subsidiaries  Definitions For definitions of Administrator, Administration, and Indian Tribe as used in this section, see section 10102 of Pub. L. 117263 section 3612 of this title CHAPTER 50 FEDERAL OCEAN ACIDIFICATION RESEARCH AND MONITORING    Sec.  3701. Purposes.  3702. Definitions.  3703. Interagency working group.  3704. Strategic research plan.  3705. NOAA ocean acidification activities.  3706. NSF ocean acidification activities.  3707. NASA ocean acidification activities.  3708. Authorization of appropriations.  3701. Purposes The purposes of this chapter are to provide for (1) development coordination 1 1 (A) monitor and conduct research on the processes and consequences of ocean acidification and coastal acidification on marine organisms and ecosystems; and (B) maintain and advise an interagency research, monitoring, and public outreach program on ocean acidification and coastal acidification; (2) maintenance of an ocean acidification program within the National Oceanic and Atmospheric Administration; (3) assessment and consideration of regional and national ecosystem and socioeconomic impacts of increased ocean acidification and coastal acidification; and (4) research adaptation strategies and mitigating the impacts of ocean and coastal acidification and related co-stressors on marine ecosystems. ( Pub. L. 11111, title XII,  12402 Mar. 30, 2009 123 Stat. 1436 Pub. L. 117167, div. B, title VI,  10642 Aug. 9, 2022 136 Stat. 1672  Editorial Notes Amendments 2022 Pub. L. 117167,  10642(b) Subsec. (a)(1). Pub. L. 117167,  10642(a)(1) Subsec. (a)(2). Pub. L. 117167,  10642(a)(2) Subsec. (a)(3). Pub. L. 117167,  10642(a)(3) Subsec. (a)(4). Pub. L. 117167,  10642(a)(4) Statutory Notes and Related Subsidiaries Short Title of 2022 Amendment Pub. L. 117167, div. B, title VI,  10641 Aug. 9, 2022 136 Stat. 1672 This subtitle [subtitle E ( 1064110649) of title VI of div. B of Pub. L. 117167 Short Title Pub. L. 11111, title XII,  12401 Mar. 30, 2009 123 Stat. 1436 This subtitle [subtitle D ( 1240112409) of title XII of Pub. L. 11111  3702. Definitions In this chapter: (1) Coastal acidification The term coastal acidification means the decrease in pH and changes in the water chemistry of coastal oceans, estuaries, and Great Lakes from atmospheric pollution, freshwater inputs, and excess nutrient run-off from land. (2) Ocean acidification The term ocean acidification means the decrease in pH and changes in the water chemistry of the Earths oceans, coastal estuaries, marine waterways, and Great Lakes caused by carbon dioxide from the atmosphere and the breakdown of organic matter. (3) Secretary The term Secretary means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. (4) Subcommittee The term Subcommittee means the National Science and Technology Council Subcommittee on Ocean Science and Technology. (5) State The term State means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands of the United States, and any other territory or possession of the United States. ( Pub. L. 11111, title XII,  12403 Mar. 30, 2009 123 Stat. 1437 Pub. L. 117167, div. B, title VI,  10643 Aug. 9, 2022 136 Stat. 1672  Editorial Notes Amendments 2022Par. (1). Pub. L. 117167,  10643(4) Pub. L. 117167,  10643(1) Par. (2). Pub. L. 117167,  10643(3) Par. (3). Pub. L. 117167,  10643(3) Pub. L. 117167,  10643(2) Par. (4). Pub. L. 117167,  10643(3) Par. (5). Pub. L. 117167,  10643(5)  3703. Interagency working group (a) Designation (1) In general The Subcommittee shall coordinate Federal activities on ocean and coastal acidification and establish and maintain an interagency working group. (2) Membership The interagency working group on ocean acidification shall be comprised of senior representatives from the National Oceanic and Atmospheric Administration, the National Science Foundation, the National Aeronautics and Space Administration, the United States Geological Survey, the United States Fish and Wildlife Service, the Bureau of Ocean Energy Management, the Environmental Protection Agency, the Department of Agriculture, the Department of State, the Department of Energy, the Department of the Navy, the National Park Service, the Bureau of Indian Affairs, the National Institute of Standards and Technology, the Smithsonian Institution, and such other Federal agencies as appropriate. (3) Chair The interagency working group shall be chaired by the representative from the National Oceanic and Atmospheric Administration. (b) Duties The Subcommittee shall (1) develop the strategic research and monitoring plan to guide Federal research on ocean acidification required under section 3704 of this title (2) oversee the development of (A) an assessment of the potential impacts of ocean acidification and coastal acidification on marine organisms and marine ecosystems; and (B) adaptation and mitigation strategies to conserve marine organisms and ecosystems exposed to ocean acidification and coastal acidification; (3) facilitate communication and outreach opportunities with nongovernmental organizations and members of the stakeholder community with interests in marine resources; (4) coordinate the United States Federal research and monitoring program with research and monitoring programs and scientists from other nations; (5) establish or designate, and contribute to as appropriate, an Ocean Acidification Information Exchange to make information on ocean acidification and coastal acidification developed through or utilized by the interagency ocean acidification program accessible through electronic means, including information which would be useful to policymakers, researchers, and other stakeholders in mitigating or adapting to the impacts of ocean acidification and coastal acidification; and 1 1 (c) Advisory Board (1) Establishment The Chair of the Subcommittee shall establish an Ocean Acidification Advisory Board. (2) Duties The Advisory Board shall (A) maintain a process for reviewing and making recommendations to the Subcommittee on (i) the biennial report specified in subsection (d)(2); and (ii) the strategic research plan in subsection (d)(3); (B) provide ongoing advice to the Subcommittee and the interagency working group on matters related to Federal activities on ocean and coastal acidification, including impacts and mitigation of ocean and coastal acidification; and (C) advise the Subcommittee and the interagency working group on (i) efforts to coordinate research and monitoring activities related to ocean acidification and coastal acidification; and (ii) the best practices for the standards developed for data archiving under section 3705(d) of this title (3) Membership The Advisory Board shall consist of 25 members as follows: (A) Two representatives of the shellfish, lobster, or crab industry. (B) One representative of the finfish industry. (C) One representative of seafood processors. (D) Three representatives from academia, including both natural and social sciences. (E) One representative of recreational fishing. (F) One representative of a relevant nongovernmental organization. (G) Six representatives from relevant State and local governments with policy or regulatory authorities related to ocean acidification and coastal acidification. (H) One representative from the Alaska Ocean Acidification Network or a subsequent entity that represents the same geographical region and has a similar purpose. (I) One representative from the California Current Acidification Network or a subsequent entity that represents the same geographical region and has a similar purpose. (J) One representative from the Northeast Coastal Acidification Network or a subsequent entity that represents the same geographical region and has a similar purpose. (K) One representative from the Southeast Coastal Acidification Network or a subsequent entity that represents the same geographical region and has a similar purpose. (L) One representative from the Gulf of Mexico Coastal Acidification Network or a subsequent entity that represents the same geographical region and has a similar purpose. (M) One representative from the Mid-Atlantic Coastal Acidification Network or a subsequent entity that represents the same geographical region and has a similar purpose. (N) One representative from the Pacific Islands Ocean Observing System or a subsequent entity that represents the island territories and possessions of the United States in the Pacific Ocean, and the State of Hawaii and has a similar purpose. (O) One representative from the Caribbean Regional Association for Coastal Ocean Observing or a subsequent entity that represents Puerto Rico and the United States Virgin Islands and has a similar purpose. (P) One representative from the National Oceanic and Atmospheric Administration Olympic Coast Ocean Acidification Sentinel Site or a subsequent entity that represents the same geographical representation. (Q) One representative from the National Oceanic and Atmospheric Administration shall serve as an ex-officio member of the Advisory Board without a vote. (4) Appointment of members The Chair of the Subcommittee shall (A) appoint members to the Advisory Board (taking into account the geographical interests of each individual to be appointed as a member of the Advisory Board to ensure that an appropriate balance of geographical interests are represented by the members of the Advisory Board) who (i) represent the interest group for which each seat is designated; (ii) demonstrate expertise on ocean acidification or coastal acidification and its scientific, economic, industry, cultural, and community impacts; and (iii) have a record of distinguished service with respect to ocean acidification or coastal acidification, and such impacts; (B) give consideration to nominations and recommendations from the members of the interagency working group and the public for such appointments; and (C) ensure that an appropriate balance of scientific, industry, State and local resource managers, and geographical interests are represented by the members of the Advisory Board. (5) Term of membership Each member of the Advisory Board (A) shall be appointed for a 5-year term; and (B) may be appointed to no more than two terms. (6) Chair The Chair of the Subcommittee shall appoint one member of the Advisory Board to serve as the Chair of the Advisory Board. (7) Meetings Not less than once each calendar year, the Advisory Board shall meet at such times and places as may be designated by the Chair of the Advisory Board, in consultation with the Chair of the Subcommittee and the Chair of the interagency working group. (8) Briefing The Chair of the Advisory Board shall brief the Subcommittee and the interagency working group on the progress of the Advisory Board as necessary or at the request of the Subcommittee. (9) Tribal government engagement and coordination (A) In general The Advisory Board shall maintain mechanisms for coordination, and engagement with Tribal governments. (i) Rule of construction Nothing in subparagraph (A) may be construed as affecting any requirement to consult with Indian Tribes under Executive Order 13175 ( 25 U.S.C. 5301 (10) Federal Advisory Committee Act Section 14 of the Federal Advisory Committee Act shall not apply to the Advisory Board for 10 years from August 9, 2022 2 2 (d) Prize competitions (1) In general Any Federal agency with a representative serving on the interagency working group established under this section may, either individually or in cooperation with one or more agencies, carry out a program to award prizes competitively under section 3719 of title 15 (2) Purposes Any prize competition carried out under this subsection shall be for the purpose of stimulating innovation to advance our Nations ability to understand, research, or monitor ocean acidification or its impacts, or to develop management or adaptation options for responding to ocean and coastal acidification. (3) Priority programs Priority shall be given to establishing programs under this section that address communities, environments, or industries that are in distress due to the impacts of ocean and coastal acidification. (e) Reports to Congress (1) Initial report Not later than 1 year after March 30, 2009 (A) includes a summary of federally funded ocean acidification research and monitoring activities, including the budget for each of these activities; and (B) describes the progress in developing the plan required under section 3704 of this title (2) Biennial report Not later than 2 years after the delivery of the initial report under paragraph (1) and every 2 years thereafter until 2032, the Subcommittee shall transmit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology and the Committee on Natural Resources of the House of Representatives, and to the Office of Management and Budget, that includes (A) a summary of federally funded ocean acidification research and monitoring activities, including the budget for each of these activities; and (B) an analysis of the progress made toward achieving the goals and priorities for interagency strategic research plan developed by the Subcommittee under section 3704 of this title (3) Strategic research plan Not later than 2 years after March 30, 2009 section 3704 of this title 1 (4) Economic vulnerability report (A) In general Not later than 2 years after December 31, 2020 (i) is named the Ocean Chemistry Coastal Community Vulnerability Assessment; (ii) identifies gaps in ocean acidification monitoring by public, academic, and private assets in the network of regional coastal observing systems; (iii) identifies geographic areas which have gaps in ocean acidification research; (iv) identifies United States coastal communities, including island communities, fishing communities, low-population rural communities, tribal and subsistence communities, and island communities, that may be impacted by ocean acidification; (v) identifies impacts of changing ocean carbonate chemistry on the communities described in clause (iv), including impacts from changes in ocean and coastal marine resources that are not managed by the Federal Government; (vi) identifies gaps in understanding of the impacts of ocean acidification on economically or commercially important species, particularly those which support United States commercial, recreational, and tribal fisheries and aquaculture; (vii) identifies habitats that may be particularly vulnerable to corrosive sea water, including areas experiencing multiple stressors such as hypoxia, sedimentation, and harmful algal blooms; (viii) identifies areas in which existing National Integrated Coastal and Ocean Observation System assets, including unmanned maritime systems, may be leveraged as platforms for the deployment of new sensors or other applicable observing technologies; (ix) is written in collaboration with Federal agencies responsible for carrying out this chapter, including representatives of (I) the National Marine Fisheries Service and the Office for Coastal Management of the National Oceanic and Atmospheric Administration; (II) regional coastal observing systems established under section 3603(c)(4) of this title (III) regional ocean acidification networks; and (IV) sea grant programs (as defined in section 1122 of this title (x) is written in consultation with experts, including subsistence users, academia, and stakeholders familiar with the economic, social, ecological, geographic, and resource concerns of coastal communities in the United States. (B) Form of report (i) Initial report The initial report required under subparagraph (A) shall include the information described in clauses (i) through (viii) of that subparagraph on a national level. (ii) Subsequent reports Each report required under subparagraph (A) after the initial report (I) may describe the information described in clauses (i) through (viii) of that subparagraph on a national level; or (II) may consist of separate reports for each region of the National Oceanic and Atmospheric Administration. (iii) Regional reports If the Subcommittee opts to prepare a report required under subparagraph (A) as separate regional reports under clause (ii)(II), the Subcommittee shall submit a report for each region of the National Oceanic and Atmospheric Administration not less frequently than once during each 6-year reporting period. (C) Appropriate committees of Congress defined In this paragraph and in paragraph (5), the term appropriate committees of Congress means the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Natural Resources of the House of Representatives. (5) Monitoring prioritization plan Not later than 180 days after the date of the submission of the initial report under paragraph (4)(A), the Subcommittee shall transmit to the appropriate committees of Congress a report that develops a plan to deploy new sensors or other applicable observing technologies such as unmanned maritime systems (A) based on such initial report; (B) prioritized by (i) the threat to coastal economies and ecosystems; (ii) gaps in data; and (iii) research needs; and (C) that leverage existing platforms, where possible. ( Pub. L. 11111, title XII,  12404 Mar. 30, 2009 123 Stat. 1437 Pub. L. 116271, title I,  109 Dec. 31, 2020 134 Stat. 3341 Pub. L. 117167, div. B, title VI,  10644 Aug. 9, 2022 136 Stat. 1673  Editorial Notes  References in Text Section 14 of the Federal Advisory Committee Act, referred to in subsec. (c)(10), is section 14 of Pub. L. 92463 section 1013 of Title 5 Pub. L. 117286 Dec. 27, 2022 136 Stat. 4204 August 9, 2022 Pub. L. 117167 Amendments 2022 Pub. L. 117167,  10644(1) Subsec. (a)(1). Pub. L. 117167,  10644(2)(A) Subsec. (a)(2). Pub. L. 117167,  10644(2)(B) Subsec. (a)(3). Pub. L. 117167,  10644(2)(C) Subsec. (b)(2). Pub. L. 117167,  10644(3)(A) Subsec. (b)(4). Pub. L. 117167,  10644(3)(B) Subsec. (b)(5). Pub. L. 117167,  10644(3)(C) Subsec. (c). Pub. L. 117167,  10644(6) Subsec. (c)(2). Pub. L. 117167,  10644(4)(A)(i) Subsec. (c)(2)(B). Pub. L. 117167,  10644(4)(A)(iii) Subsec. (c)(3). Pub. L. 117167,  10644(4)(B) Subsec. (c)(4). Pub. L. 117167,  10644(4)(C) Subsec. (d). Pub. L. 117167,  10644(6) Subsec. (e). Pub. L. 117167,  10644(5) 2020Subsec. (c)(4), (5). Pub. L. 116271 Statutory Notes and Related Subsidiaries  Change of Name Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011  3704. Strategic research plan (a) In general Not later than 2 years after March 30, 2009 section 3703(c) of this title (b) Contents of the plan The plan shall (1) provide for interdisciplinary research among the ocean sciences and social sciences, and coordinated research and activities to improve the understanding of ocean chemistry that will affect marine ecosystems; (2) establish, for the 10-year period beginning in the year the plan is submitted, the goals and priorities for Federal research and monitoring which will (A) advance understanding of ocean acidification and its physical, chemical, and biological impacts on marine organisms and marine ecosystems; (B) assess the short-term and long-term socioeconomic impacts of ocean acidification; (C) provide information for the development of adaptation and mitigation strategies to address (i) socioeconomic impacts of ocean acidification and coastal acidification; (ii) conservation of marine organisms and ecosystems; (iii) assessment of the effectiveness of such adaptation and mitigation strategies; and (D) improve research on (i) ocean acidification and coastal acidification; (ii) the interactions between and effects of ocean and coastal acidification and multiple combined stressors including changes in water chemistry, changes in sediment delivery, hypoxia, and harmful algal blooms, on ocean acidification and coastal acidification; and (iii) the effect or effects of clauses (i) and (ii) on marine resources and ecosystems; (3) describe specific activities, including (A) efforts to determine user needs; (B) research activities; (C) monitoring activities; (D) technology and methods development; (E) data collection; (F) data management; (G) modeling activities; (H) assessment of ocean acidification impacts; (I) participation in international research efforts; (J) assessment of adaptation and mitigation strategies; and (K) education and outreach activities; (4) identify relevant programs and activities of the Federal agencies that contribute to the interagency program directly and indirectly and ensure an appropriate balance of contribution in establishing the role of each Federal agency in implementing the plan; (5) consider and utilize, as appropriate, the best available peer-reviewed scientific reports and studies conducted by Federal agencies, the National Research Council, or other entities; (6) make recommendations for the coordination of the ocean acidification and coastal acidification research and monitoring activities within the United States with such activities of other nations and international organizations; (7) outline budget requirements for Federal ocean acidification research and monitoring and assessment activities to be conducted by each agency under the plan; (8) identify the monitoring systems and sampling programs currently employed in collecting data relevant to ocean acidification and coastal acidification and prioritize additional monitoring systems that may be needed to ensure adequate data collection and monitoring of ocean acidification and coastal acidification and their impacts; (9) describe specific activities designed to facilitate outreach and data and information exchange with stakeholder communities; (10) make recommendations for research to be conducted, including in the social sciences and economics, to address the key knowledge gaps identified in the Ocean Chemistry Coastal Community Vulnerability Assessment conducted under section 3703(c)(4) 1 1 (11) describe monitoring needs necessary to support potentially affected industry members, coastal stakeholders, fishery management councils and commissions, Tribal governments, non-Federal resource managers, and scientific experts on decision-making and adaptation related to ocean acidification and coastal acidification; and (12) describe the extent to which the Subcommittee incorporated feedback from the Advisory Board established in section 3703(c) of this title (c) Program elements The plan shall include at a minimum the following program elements: (1) Monitoring of ocean chemistry and biological impacts associated with ocean acidification at selected coastal and open-ocean monitoring stations, including satellite-based monitoring to characterize (A) marine ecosystems; (B) changes in marine productivity; and (C) changes in ocean chemistry. (2) Research to understand the species specific physiological responses of marine organisms to ocean acidification and coastal acidification, impacts on marine food webs of ocean acidification and coastal acidification, and to develop environmental and ecological indices that track marine ecosystem responses to ocean acidification and coastal acidification. (3) Modeling to predict changes in the ocean carbon cycle as a function of carbon dioxide and atmosphere-induced changes in temperature, ocean circulation, biogeochemistry, ecosystem and terrestrial inputs, modeling to determine impacts on marine ecosystems, marine food webs, and individual marine organisms, and modeling that supports fisheries management. (4) Technology development and standardization of carbonate chemistry measurements on moorings and autonomous floats. (5) Assessment of socioeconomic impacts of ocean acidification and coastal acidification and development of adaptation and mitigation strategies to conserve marine organisms and marine ecosystems. (6) Research to understand the combined impact of changes in ocean chemistry and other stressors, including sediment delivery, hypoxia, and harmful algal blooms, on each other and on living marine resources, including aquaculture and coastal ecosystems. (7) Applied research to identify adaptation strategies for species impacted by changes in ocean chemistry including vegetation-based systems, shell recycling, species and genetic diversity, applied technologies, aquaculture methodologies, and management recommendations. (8) Research to understand related and cumulative stressors and other biogeochemical processes occurring in conjunction with ocean acidification and coastal acidification. (d) Publication Concurrent with the submission of the plan to Congress, the Subcommittee shall publish the plan on a public website. ( Pub. L. 11111, title XII,  12405 Mar. 30, 2009 123 Stat. 1438 Pub. L. 116271, title I,  110(a) Dec. 31, 2020 134 Stat. 3343 Pub. L. 117167, div. B, title VI,  10645 Aug. 9, 2022 136 Stat. 1677  Editorial Notes  References in Text Section 3703(c)(4) of this title section 3703(e)(4) of this title Pub. L. 117167, div. B, title VI,  10644(5) Aug. 9, 2022 136 Stat. 1674 Amendments 2022Subsec. (a). Pub. L. 117167,  10645(1) March 30, 2009 section 3703(c) of this title Subsec. (b)(1). Pub. L. 117167,  10645(2)(A) Subsec. (b)(2)(B). Pub. L. 117167,  10645(2)(B)(i) Subsec. (b)(2)(C). Pub. L. 117167,  10645(2)(B)(ii) Subsec. (b)(2)(D). Pub. L. 117167,  10645(2)(B)(iii) Subsec. (b)(3)(F). Pub. L. 117167,  10645(2)(C)(i) Subsec. (b)(3)(J), (K). Pub. L. 117167,  10645(2)(C)(ii) Subsec. (b)(4). Pub. L. 117167,  10645(2)(D) Subsec. (b)(5). Pub. L. 117167,  10645(2)(E) Subsec. (b)(6). Pub. L. 117167,  10645(2)(F) Subsec. (b)(8). Pub. L. 117167,  10645(2)(G)(iii) Pub. L. 116271,  110(a)(1) Pub. L. 117167,  10645(2)(G)(i) Subsec. (b)(11), (12). Pub. L. 117167,  10645(2)(H) Subsec. (c)(1)(C). Pub. L. 117167,  10645(3)(A) Subsec. (c)(2). Pub. L. 117167,  10645(3)(B) Subsec. (c)(3). Pub. L. 117167,  10645(3)(C) Subsec. (c)(5). Pub. L. 117167,  10645(3)(D) Subsec. (c)(8). Pub. L. 117167,  10645(3)(E) Subsec. (d). Pub. L. 117167,  10645(4) Subsec. (e). Pub. L. 117167,  10645(4) 2020Subsec. (b)(10). Pub. L. 116271,  110(a) Subsec. (c)(6), (7). Pub. L. 116271,  110(b) Subsec. (e). Pub. L. 116271,  110(c) Statutory Notes and Related Subsidiaries Revised Strategic Research Plan Pub. L. 116271, title I,  110(d) Dec. 31, 2020 134 Stat. 3343 Not later than one year after the date of the enactment of this Act [ Dec. 31, 2020 33 U.S.C. 3704  3705. NOAA ocean acidification activities (a) In general The Secretary shall establish and maintain an ocean acidification program within the National Oceanic and Atmospheric Administration to conduct research, monitoring, coordination, and other activities consistent with the strategic research and implementation plan developed by the Subcommittee under section 3704 of this title (1) includes (A) interdisciplinary research among the ocean and atmospheric sciences, and coordinated research and activities to improve understanding of ocean acidification and coastal acidification; (B) the establishment of a long-term monitoring program of ocean acidification and coastal acidification utilizing existing global and national ocean observing assets, including leveraging, as appropriate, the Integrated Ocean Observing System and the ocean observing assets of other Federal, State, and Tribal agencies, and adding instrumentation and sampling stations as appropriate to the aims of the research program; (C) prioritization of the location of monitoring instruments, assets, and projects to maximize the efficiency of resources and agency and department missions; (D) an optimization of understanding of socioeconomic impacts and ecosystem health 1 1 (E) research to identify and develop adaptation and mitigation strategies and techniques for effectively conserving marine ecosystems as they cope with increased ocean acidification and coastal acidification; (F) technical assistance to socioeconomically vulnerable States, local governments, Tribal governments, communities, and industries impacted by ocean and coastal acidification to support their development of ocean and coastal acidification mitigation strategies; (G) as an integral part of the research programs described in this chapter, educational opportunities that encourage an interdisciplinary and international approach to exploring the impacts of ocean acidification and coastal acidification; (H) as an integral part of the research programs described in this chapter, national public outreach activities to improve the understanding of current scientific knowledge of ocean acidification and coastal acidification and their respective impacts on marine resources; (I) coordination of ocean acidification and coastal acidification research, monitoring, and adaptation and mitigation strategies with other appropriate international ocean science bodies such as the International Oceanographic Commission, the International Council for the Exploration of the Sea, the North Pacific Marine Science Organization, and others; (J) research to improve understanding of (i) the impact of ocean acidification and coastal acidification; and (ii) how multiple environmental stressors may contribute to and exacerbate ocean and coastal acidification on living marine resources and coastal ecosystems; and (K) research to support the development of adaptation and mitigation strategies to address the socioeconomic impacts of ocean and coastal acidification on coastal communities; (2) provides grants for critical research, education, and outreach projects that explore and communicate the effects of ocean acidification and coastal acidification on ecosystems and the socioeconomic impacts of increased ocean acidification and coastal acidification that are relevant to the goals and priorities of the strategic research plan; (3) incorporates a competitive merit-based process for awarding grants that may be conducted jointly with other participating agencies or under the National Oceanographic Partnership Program under section 8931 of title 10 (4) includes an ongoing mechanism that allows industry members, coastal stakeholders, fishery management councils and commissions, non-Federal resource managers, community acidification networks, indigenous knowledge groups, and scientific experts to provide input on monitoring needs that are necessary to support on the ground management, decision making, and adaptation related to ocean acidification and its impacts. (b) Additional authority In conducting the Program, the Secretary may enter into and perform such contracts, leases, grants, or cooperative agreements as may be necessary to carry out the purposes of this chapter on such terms as the Secretary considers appropriate. (c) Relationship to interagency working group The National Oceanic and Atmospheric Administration shall serve as the lead Federal agency responsible for coordinating the Federal response to ocean and coastal acidification. The Administration may enter into Memoranda of Understanding to (1) coordinate monitoring and research efforts among Federal agencies in cooperation with State, local, and Tribal governments and international partners; this may include analysis and synthesis of the results of monitoring and research; (2) maintain an Ocean Acidification Information Exchange described under section 3703(b)(5) of this title (A) on ocean acidification developed through or used by the ocean acidification program described under subsection (a); or (B) that would be useful to State governments, local governments, Tribal governments, resource managers, policymakers, researchers, and other stakeholders in mitigating or adapting to the impacts of ocean acidification and coastal acidification; and (3) establishing and maintaining the data archive system under subsection (d). (d) Data archive system (1) In general The Secretary, in coordination with the members of the interagency working group, shall support the long-term stewardship of, and access to, data relating to ocean and coastal acidification through providing the data on a publicly accessible data archive system. To the extent possible, this data archive system shall collect and provide access to ocean and coastal acidification data (A) from relevant federally funded research; (B) provided by a Federal, State, or local government, academic scientist, citizen scientist, or industry organization; (C) voluntarily submitted by Tribes or Tribal governments; and (D) from existing global or national data assets that are currently maintained within Federal agencies. (2) Data standards The Secretary to, the extent possible, shall ensure all such data adheres to data and metadata standards to support the public findability, accessibility, interoperability, and reusability of such data. ( Pub. L. 11111, title XII,  12406 Mar. 30, 2009 123 Stat. 1440 Pub. L. 115232, div. A, title VIII,  809(k)(2) Aug. 13, 2018 132 Stat. 1843 Pub. L. 116271, title I,  111 Dec. 31, 2020 134 Stat. 3343 Pub. L. 117167, div. B, title VI,  10646 Aug. 9, 2022 136 Stat. 1679  Editorial Notes Amendments 2022Subsec. (a). Pub. L. 117167,  10646(1)(A) Subsec. (a)(1). Pub. L. 117167,  10646(1)(D) Pub. L. 117167,  10646(1)(B)(v) Subsec. (a)(1)(B). Pub. L. 117167,  10646(1)(B)(i) Subsec. (a)(1)(C), (D). Pub. L. 117167,  10646(1)(B)(iii) Subsec. (a)(1)(E). Pub. L. 117167,  10646(1)(B)(ii) Subsec. (a)(1)(F). Pub. L. 117167,  10646(1)(B)(v) Subsec. (a)(1)(G). Pub. L. 117167,  10646(1)(B)(ii) Subsec. (a)(1)(H). Pub. L. 117167,  10646(1)(B)(ii) Subsec. (a)(1)(I). Pub. L. 117167,  10646(1)(B)(vii)(II) Pub. L. 117167,  10646(1)(B)(ii) Subsec. (a)(1)(J), (K). Pub. L. 117167,  10646(1)(B)(viii) Subsec. (a)(2). Pub. L. 117167,  10646(1)(D) Pub. L. 117167,  10646(1)(C) Subsecs. (c), (d). Pub. L. 117167,  10646(2) 2020Subsec. (a)(4). Pub. L. 116271 2018Subsec. (a)(3). Pub. L. 115232 section 8931 of title 10 section 7901 of title 10 Statutory Notes and Related Subsidiaries Effective Date of 2018 Amendment Amendment by Pub. L. 115232 Feb. 1, 2019 section 800 of Pub. L. 115232 section 3001 of Title 10  3706. NSF ocean acidification activities (a) Research activities The Director of the National Science Foundation shall continue to carry out research activities on ocean acidification and coastal acidification which shall support competitive, merit-based, peer-reviewed proposals for research, observation, and monitoring of ocean acidification and coastal acidification and their respective impacts, including (1) impacts on marine organisms, including species cultured for aquaculture, and marine ecosystems; (2) impacts on ocean, coastal, and estuarine biogeochemistry; (3) the development of methodologies and technologies to evaluate ocean acidification and coastal acidification and their respective impacts; and (4) impacts of multiple stressors on ecosystems exhibiting hypoxia, harmful algal blooms, or sediment delivery, combined with changes in ocean chemistry; and (5) adaptation and mitigation strategies to address socioeconomic effects of ocean acidification and coastal acidification. (b) Consistency The research activities shall be consistent with the strategic research plan developed by the Subcommittee under section 3704 of this title (c) Coordination The Director shall encourage coordination of the Foundations ocean acidification and coastal acidification activities with such activities of other nations and international organizations. (d) Requirement Recipients of grants from the National Science Foundation under this chapter that collect data described under section 3705(d) of this title (1) collect data in accordance with the standards, protocols, or procedures established pursuant to section 3705(d) of this title (2) submit such data to the Director and the Secretary after publication, in accordance with any rules promulgated by the Director or the Secretary. ( Pub. L. 11111, title XII,  12407 Mar. 30, 2009 123 Stat. 1441 Pub. L. 116271, title I,  112 Dec. 31, 2020 134 Stat. 3344 Pub. L. 117167, div. B, title VI,  10647 Aug. 9, 2022 136 Stat. 1680  Editorial Notes Amendments 2022 Pub. L. 117167,  10647(1) Subsec. (a). Pub. L. 117167,  10647(2)(A) Subsec. (a)(3). Pub. L. 117167,  10647(2)(B) Subsec. (a)(5). Pub. L. 117167,  10647(2)(C) Subsec. (d). Pub. L. 117167,  10647(3) 2020Subsec. (a). Pub. L. 116271 (1) impacts on marine organisms and marine ecosystems; (2) impacts on ocean, coastal, and estuarine biogeochemistry; and (3) the development of methodologies and technologies to evaluate ocean acidification and its impacts.  3707. NASA ocean acidification activities (a) Ocean acidification activities The Administrator of the National Aeronautics and Space Administration, in coordination with other relevant agencies, shall ensure that space-based monitoring assets are used in as productive a manner as possible for monitoring of ocean acidification and coastal acidification and their respective impacts. (b) Program consistency The Administrator shall ensure that the Agencys research and monitoring activities on ocean acidification and coastal acidification are carried out in a manner consistent with the strategic research plan developed by the Subcommittee under section 3704 of this title (c) Coordination The Administrator shall encourage coordination of the Agencys ocean acidification and coastal acidification activities with such activities of other nations and international organizations. (d) Requirement Researchers from the National Aeronautics and Space Administration under this subtitle that collect data described under section 3705(d) of this title (1) collect such data in accordance with the standards, protocols, or procedures established pursuant to section 3705(d) of this title (2) submit such data to the Administrator and the Secretary, in accordance with any rules promulgated by the Administrator or the Secretary. ( Pub. L. 11111, title XII,  12408 Mar. 30, 2009 123 Stat. 1441 Pub. L. 117167, div. B, title VI,  10648 Aug. 9, 2022 136 Stat. 1681  Editorial Notes Amendments 2022 Pub. L. 117167,  10648(1) Subsec. (a). Pub. L. 117167,  10648(2) Subsec. (d). Pub. L. 117167,  10648(3)  3708. Authorization of appropriations (a) NOAA There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out the purposes of this chapter (1) $20,500,000 for fiscal year 2023; (2) $22,000,000 for fiscal year 2024; (3) $24,000,000 for fiscal year 2025; (4) $26,000,000 for fiscal year 2026; and (5) $28,000,000 for fiscal year 2027. (b) NSF There are authorized to be appropriated to the National Science Foundation to carry out the purposes of this chapter, $20,000,000 for each of the fiscal years 2023 through 2027. ( Pub. L. 11111, title XII,  12409 Mar. 30, 2009 123 Stat. 1441 Pub. L. 117167, div. B, title VI,  10649 Aug. 9, 2022 136 Stat. 1681  Editorial Notes Amendments 2022Subsec. (a). Pub. L. 117167,  10649(1) Subsec. (b). Pub. L. 117167,  10649(2) CHAPTER 51 CLEAN HULLS    SUBCHAPTER IGENERAL PROVISIONS  Sec.  3801. Definitions.  3802. Covered vessels.  3803. Administration and enforcement.  3804. Compliance with international law.  3805. Utilization of personnel, facilities or equipment of other Federal departments and agencies.  SUBCHAPTER IIIMPLEMENTATION OF THE CONVENTION  3821. Certificates.  3822. Declaration.  3823. Other compliance documentation.  3824. Process for considering additional controls.  3825. Scientific and technical research and monitoring; communication and information.  3826. Communication and exchange of information.  SUBCHAPTER IIIPROHIBITIONS AND ENFORCEMENT AUTHORITY  3841. Prohibitions.  3842. Investigations and inspections by Secretary.  3843. EPA enforcement.  3844. Additional authority of the Administrator.  SUBCHAPTER IVACTION ON VIOLATION, PENALTIES, and REFERRALS  3851. Criminal enforcement.  3852. Civil enforcement.  3853. Liability in rem.  3854. Vessel clearance or permits; refusal or revocation; bond or other surety.  3855. Warnings, detentions, dismissals, exclusion.  3856. Referrals for appropriate action by foreign country.  3857. Remedies not affected. SUBCHAPTER I GENERAL PROVISIONS  3801. Definitions In this chapter: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Antifouling system The term antifouling system means a coating, paint, surface treatment, surface, or device that is used or intended to be used on a vessel to control or prevent attachment of unwanted organisms. (3) Convention The term Convention means the International Convention on the Control of Harmful Anti-Fouling Systems on Ships, 2001, including its annexes, and including any amendments to the Convention or annexes which have entered into force for the United States. (4) FPSO The term FPSO means a floating production, storage, or offloading unit. (5) FSU The term FSU means a floating storage unit. (6) Gross tonnage The term gross tonnage as defined in chapter 143 of title 46 means the gross tonnage calculated in accordance with the tonnage measurement regulations contained in annex 1 to the International Convention on Tonnage Measurement of Ships, 1969. (7) International voyage The term international voyage means a voyage by a vessel entitled to fly the flag of one country to or from a port, shipyard, offshore terminal, or other place under the jurisdiction of another country. (8) Organotin The term organotin means any compound or additive of tin bound to an organic ligand, that is used or intended to be used as biocide in an antifouling system. (9) Person The term person means (A) any individual, partnership, association, corporation, or organized group of persons whether incorporated or not; (B) any department, agency, or instrumentality of the United States, except as provided in section 3802(b)(2) of this title (C) any other government entity. (10) Secretary The term Secretary means the Secretary of the department in which the Coast Guard is operating. (11) Sell or distribute The term sell or distribute means to distribute, sell, offer for sale, hold for distribution, hold for sale, hold for shipment, ship, deliver for shipment, release for shipment, import, export, hold for import, hold for export, or receive and (having so received) deliver or offer to deliver. (12) Vessel The term vessel has the meaning given that term in section 3 of title 1 (13) Territorial sea The term territorial sea means the territorial sea as described in Presidential Proclamation No. 5928 on December 27, 1988 (14) United States The term United States means the several States of the United States, the District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Marianas, and any other territory or possession over which the United States has jurisdiction. (15) Use The term use includes application, reapplication, installation, or any other employment of an antifouling system. ( Pub. L. 111281, title X,  1011 Oct. 15, 2010 124 Stat. 3023 Pub. L. 111330,  1(19) Dec. 22, 2010 124 Stat. 3570  Editorial Notes  References in Text This chapter, referred to in text, was in the original this title, meaning title X of Pub. L. 111281 Oct. 15, 2010 124 Stat. 3023 Presidential Proclamation No. 5928, referred to in par. (13), is set out under section 1331 of Title 43 Amendments 2010Par. (9)(B). Pub. L. 111330 section 3802(b)(2) of this title Statutory Notes and Related Subsidiaries Effective Date of 2010 Amendment Pub. L. 111330,  1 Dec. 22, 2010 124 Stat. 3569 Pub. L. 111281  3802. Covered vessels (a) Included vessel Except as provided in subsection (b), after the Convention enters into force for the United States, the following vessels are subject to the requirements of this chapter: (1) A vessel documented under chapter 121 of title 46 or one operated under the authority of the United States, wherever located. (2) Any vessel permitted by a Federal agency to operate on the Outer Continental Shelf. (3) Any other vessel when (A) in the internal waters of the United States; (B) in any port, shipyard, offshore terminal, or other place in the United States; (C) lightering in the territorial sea; or (D) to the extent consistent with international law, anchoring in the territorial sea of the United States. (b) Excluded vessels (1) In general The following vessels are not subject to the requirements of this chapter: (A) Any warship, naval auxiliary, or other vessel owned or operated by a foreign state, and used, for the time being, only on government noncommercial service. (B) Except as provided in paragraph (2), any warship, naval auxiliary, or other vessel owned or operated by the United States and used for the time being only on government noncommercial service. (2) Application to United States government vessels (A) In general The Administrator may apply any requirement of this chapter to one or more classes of vessels described in paragraph (1)(B), if the head of the Federal department or agency under which those vessels operate concurs in that application. (B) Limitation for combat-related vessel Subparagraph (A) shall not apply to combat-related vessels. ( Pub. L. 111281, title X,  1012 Oct. 15, 2010 124 Stat. 3024  Editorial Notes  References in Text This chapter, referred to in text, was in the original this title, meaning title X of Pub. L. 111281 Oct. 15, 2010 124 Stat. 3023  3803. Administration and enforcement (a) In general Unless otherwise specified in this chapter, with respect to a vessel, the Secretary shall administer and enforce the Convention and this chapter. (b) Administrator Except with respect to section 3841(b) and (c) of this title, the Administrator shall administer and enforce subchapter III. (c) Regulations The Administrator and the Secretary may each prescribe and enforce regulations as may be necessary to carry out their respective responsibilities under this chapter. ( Pub. L. 111281, title X,  1013 Oct. 15, 2010 124 Stat. 3025  Editorial Notes  References in Text This chapter, referred to in subsecs. (a) and (c), was in the original this title, meaning title X of Pub. L. 111281 Oct. 15, 2010 124 Stat. 3023  3804. Compliance with international law  Any action taken under this chapter shall be taken in accordance with treaties to which the United States is a party and other international obligations of the United States. ( Pub. L. 111281, title X,  1014 Oct. 15, 2010 124 Stat. 3025  Editorial Notes  References in Text This chapter, referred to in text, was in the original this title, meaning title X of Pub. L. 111281 Oct. 15, 2010 124 Stat. 3023  3805. Utilization of personnel, facilities or equipment of other Federal departments and agencies  The Secretary and the Administrator may utilize by agreement, with or without reimbursement, personnel, facilities, or equipment of other Federal departments and agencies in administering the Convention, this chapter, or any regulations prescribed under this chapter. ( Pub. L. 111281, title X,  1015 Oct. 15, 2010 124 Stat. 3025  Editorial Notes  References in Text This chapter, referred to in text, was in the original this title, meaning title X of Pub. L. 111281 Oct. 15, 2010 124 Stat. 3023 SUBCHAPTER II IMPLEMENTATION OF THE CONVENTION  3821. Certificates (a) Certificate required On entry into force of the Convention for the United States, any vessel of at least 400 gross tons that engages in one or more international voyages (except fixed or floating platforms, FSUs, and FPSOs) shall carry an International Antifouling System Certificate. (b) Issuance of Certificate On entry into force of the Convention, on a finding that a successful survey required by the Convention has been completed, a vessel of at least 400 gross tons that engages in at least one international voyage (except fixed or floating platforms, FSUs, and FPSOs) shall be issued an International Antifouling System Certificate. The Secretary may issue the Certificate required by this section. The Secretary may delegate this authority to an organization that the Secretary determines is qualified to undertake that responsibility. (c) Maintenance of Certificate The Certificate required by this section shall be maintained as required by the Secretary. (d) Certificates issued by other party countries A Certificate issued by any country that is a party to the Convention has the same validity as a Certificate issued by the Secretary under this section. (e) Vessels of nonparty countries Notwithstanding subsection (a), a vessel of at least 400 gross tons, having the nationality of or entitled to fly the flag of a country that is not a party to the Convention, may demonstrate compliance with this chapter through other appropriate documentation considered acceptable by the Secretary. ( Pub. L. 111281, title X,  1021 Oct. 15, 2010 124 Stat. 3025  Editorial Notes  References in Text This chapter, referred to in subsec. (e), was in the original this title, meaning title X of Pub. L. 111281 Oct. 15, 2010 124 Stat. 3023  3822. Declaration (a) Requirements On entry into force of the Convention for the United States, a vessel of at least 24 meters in length, but less than 400 gross tons engaged on an international voyage (except fixed or floating platforms, FSUs, and FPSOs) must carry a declaration described in subsection (b) that is signed by the owner or owners authorized agent. That declaration shall be accompanied by appropriate documentation, such as a paint receipt or a contractor invoice, or contain an appropriate endorsement. (b) Content of declaration The declaration must contain a clear statement that the antifouling system on the vessel complies with the Convention. The Secretary may prescribe the form and other requirements of the declaration. ( Pub. L. 111281, title X,  1022 Oct. 15, 2010 124 Stat. 3026  3823. Other compliance documentation  In addition to the requirements under sections 3821 and 3822 of this title, the Secretary may require vessels to hold other documentation considered necessary to verify compliance with this chapter. ( Pub. L. 111281, title X,  1023 Oct. 15, 2010 124 Stat. 3026  Editorial Notes  References in Text This chapter, referred to in text, was in the original this title, meaning title X of Pub. L. 111281 Oct. 15, 2010 124 Stat. 3023  3824. Process for considering additional controls (a) Actions by Administrator The Administrator may (1) participate in the technical group described in Article 7 of the Convention, and in any other body convened pursuant to the Convention for the consideration of new or additional controls on antifouling systems; (2) evaluate any risks of adverse effects on nontarget organisms or human health presented by a given antifouling system such that the amendment of annex 1 of the Convention may be warranted; (3) undertake an assessment of relevant environmental, technical, and economic considerations necessary to evaluate any proposals for new or additional controls of antifouling systems under the Convention, including benefits in the United States and elsewhere associated with the production and use in the United States and elsewhere, of the subject antifouling system; and (4) develop recommendations based on that assessment. (b) Referrals to technical group (1) Convening of Shipping Coordinating Committee On referral of any antifouling system to the technical group described in article 7 of the Convention for consideration of new or additional controls, the Secretary of State shall convene a public meeting of the Shipping Coordinating Committee for the purpose of receiving information and comments regarding controls on such antifouling system. The Secretary of State shall publish advance notice of such meeting in the Federal Register and on the State Departments Web site. The Administrator shall assemble and maintain a public docket containing notices pertaining to that meeting, any comments responding to those notices, the minutes of that meeting, and materials presented at that meeting. (2) Report by technical group The Administrator shall promptly make any report by the technical group described in the Convention available to the public through the docket established pursuant to subsection (b) and announce the availability of that report in the Federal Register. The Administrator shall provide an opportunity for public comment on the report for a period of not less than 30 days from the time the availability of the report is announced in the Federal Register. (3) Consideration of comments To the extent practicable, the Administrator shall take any comments into consideration in developing recommendations under subsection (a). ( Pub. L. 111281, title X,  1024 Oct. 15, 2010 124 Stat. 3026  3825. Scientific and technical research and monitoring; communication and information The Secretary, the Administrator, and the Administrator of the National Oceanic and Atmospheric Administration may each undertake scientific and technical research and monitoring pursuant to article 8 of the Convention and to promote the availability of relevant information concerning (1) scientific and technical activities undertaken in accordance with the Convention; (2) marine scientific and technological programs and their objectives; and (3) the effects observed from any monitoring and assessment programs relating to antifouling systems. ( Pub. L. 111281, title X,  1025 Oct. 15, 2010 124 Stat. 3027  3826. Communication and exchange of information (a) In general Except as provided in subsection (b), with respect to those antifouling systems regulated by the Administrator, the Administrator shall provide to any party to the Convention that requests it, relevant information on which the decision to regulate was based, including information provided for in annex 3 to the Convention, or other information suitable for making an appropriate evaluation of the antifouling system. (b) Limitation This section shall not be construed to authorize the provision of information the disclosure of which is otherwise prohibited by law. ( Pub. L. 111281, title X,  1026 Oct. 15, 2010 124 Stat. 3027 SUBCHAPTER III PROHIBITIONS AND ENFORCEMENT AUTHORITY  3841. Prohibitions (a) In general Notwithstanding any other provision of law, it is unlawful for any person (1) to act in violation of this chapter, or any regulation prescribed under this chapter; (2) to sell or distribute in domestic or international commerce organotin or an antifouling system containing organotin; (3) to manufacture, process, or use organotin to formulate an antifouling system; (4) to apply an antifouling system containing organotin on any vessel to which this chapter applies; or (5) after the Convention enters into force for the United States, to apply or otherwise use in a manner inconsistent with the Convention, an antifouling system on any vessel that is subject to this chapter. (b) Vessel hulls Except as provided in subsection (c), no vessel shall bear on its hull or outer surface any antifouling system containing organotin, regardless of when such system was applied, unless that vessel bears an overcoating which forms a barrier to organotin leaching from the underlying antifouling system. (c) Limitations (1) Excepted vessel Subsection (b) does not apply to fixed or floating platforms, FSUs, or FPSOs that were constructed prior to January 1, 2003 (2) Sale, manufacture, etc. This section does not apply to (A) the sale, distribution, or use pursuant to any agreement between the Administrator and any person that results in an earlier prohibition or cancellation date than specified in this chapter; or (B) the manufacture, processing, formulation, sale, distribution, or use of organotin or antifouling systems containing organotin used or intended for use only for sonar domes or in conductivity sensors in oceanographic instruments. ( Pub. L. 111281, title X,  1031 Oct. 15, 2010 124 Stat. 3027  Editorial Notes  References in Text This chapter, referred to in subsecs. (a)(1), (4), (5) and (c)(2)(A), was in the original this title, meaning title X of Pub. L. 111281 Oct. 15, 2010 124 Stat. 3023  3842. Investigations and inspections by Secretary (a) In general The Secretary may conduct investigations and inspections regarding a vessels compliance with this chapter or the Convention. (b) Violations; subpoenas (1) In general In any investigation under this section, the Secretary may issue a subpoena to require the attendance of a witness or the production of documents or other evidence if (A) before the issuance of the subpoena, the Secretary requests a determination by the Attorney General of the United States as to whether the subpoena will interfere with a criminal investigation; and (B) the Attorney General (i) determines that the subpoena will not interfere with a criminal investigation; or (ii) fails to make a determination under clause (i) before the date that is 30 days after the date on which the Secretary makes a request under subparagraph (A). (2) Enforcement In the case of refusal to obey a subpoena issued to any person under this subsection, the Secretary may request the Attorney General to invoke the aid of the appropriate district court of the United States to compel compliance. (c) Further action On completion of an investigation, the Secretary may take whatever further action the Secretary considers appropriate under the Convention or this chapter. (d) Cooperation The Secretary may cooperate with other parties to the Convention in the detection of violations and in enforcement of the Convention. Nothing in this section affects or alters requirements under any other laws. ( Pub. L. 111281, title X,  1032 Oct. 15, 2010 124 Stat. 3028  Editorial Notes  References in Text This chapter, referred to in subsecs. (a) and (c), was in the original this title, meaning title X of Pub. L. 111281 Oct. 15, 2010 124 Stat. 3023  3843. EPA enforcement (a) Inspections, subpoenas (1) In general For purposes of enforcing this chapter or any regulation prescribed under this chapter, officers or employees of the Environmental Protection Agency or of any State designated by the Administrator may enter at reasonable times any location where there is being held or may be held organotin or any other substance or antifouling system regulated under the Convention, for the purpose of inspecting and obtaining samples of any containers or labeling for organotin or other substance or system regulated under the Convention. (2) Subpoenas (A) In general In any investigation under this section, the Administrator may issue a subpoena to require the attendance of a witness or the production of documents or other evidence if (i) before the issuance of the subpoena, the Administrator requests a determination by the Attorney General of the United States as to whether the subpoena will interfere with a criminal investigation; and (ii) the Attorney General (I) determines that the subpoena will not interfere with a criminal investigation; or (II) fails to make a determination under subclause (I) before the date that is 30 days after the date on which the Administrator makes a request under clause (i). (B) Enforcement In the case of refusal to obey a subpoena issued to any person under this paragraph, the Administrator may request the Attorney General to invoke the aid of the appropriate district court of the United States to compel compliance. (b) Stop manufacture, sale, use, or removal orders Consistent with section 3803 of this title ( Pub. L. 111281, title X,  1033 Oct. 15, 2010 124 Stat. 3028  Editorial Notes  References in Text This chapter, referred to in subsecs. (a)(1) and (b), was in the original this title, meaning title X of Pub. L. 111281 Oct. 15, 2010 124 Stat. 3023  3844. Additional authority of the Administrator  The Administrator, in consultation with the Secretary, may establish, as necessary, terms and conditions regarding the removal and disposal of antifouling systems prohibited or restricted under this chapter. ( Pub. L. 111281, title X,  1034 Oct. 15, 2010 124 Stat. 3029  Editorial Notes  References in Text This chapter, referred to in text, was in the original this title, meaning title X of Pub. L. 111281 Oct. 15, 2010 124 Stat. 3023 SUBCHAPTER IV ACTION ON VIOLATION, PENALTIES, AND REFERRALS  3851. Criminal enforcement  Any person who knowingly violates paragraph (2), (3), (4), or (5) of section 3841(a) of this title section 3841(b) of this title ( Pub. L. 111281, title X,  1041 Oct. 15, 2010 124 Stat. 3029  3852. Civil enforcement (a) Civil penalty (1) In general Any person who is found by the Secretary or the Administrator, as appropriate, after notice and an opportunity for a hearing, to have (A) violated the Convention, this chapter, or any regulation prescribed under this chapter, is liable to the United States Government for a civil penalty of not more than $37,500 for each violation; or (B) made a false, fictitious, or fraudulent statement or representation in any matter in which a statement or representation is required to be made to the Secretary under the Convention, this chapter, or any regulations prescribed under this chapter, is liable to the United States for a civil penalty of not more than $50,000 for each such statement or representation. (2) Relationship to other law This subsection shall not limit or affect the authority of the Government under section 1001 of title 18 (b) Assessment of penalty The amount of the civil penalty shall be assessed by the Secretary or Administrator, as appropriate, by written notice. (c) Limitation for recreational vessel A civil penalty imposed under subsection (a) against the owner or operator of a recreational vessel, as that term is defined in section 2101 of title 46 (d) Determination of penalty For purposes of penalties under this section, each day of a continuing violation constitutes a separate violation. In determining the amount of the penalty, the Secretary or Administrator shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, the economic impact of the penalty on the violator, the economic benefit to the violator and other matters as justice may require. (e) Reward An amount equal to not more than one-half of any civil penalty assessed by the Secretary or Administrator under this section may, subject to the availability of appropriations, be paid by the Secretary or Administrator, respectively, to any person who provided information that led to the assessment or imposition of the penalty. (f) Referral to Attorney General If any person fails to pay a civil penalty assessed under this section after it has become final, or comply with an order issued under this chapter, the Secretary or Administrator, as appropriate, may refer the matter to the Attorney General of the United States for collection in any appropriate district court of the United States. (g) Compromise, modification, or remission Before referring any civil penalty that is subject to assessment or has been assessed under this section to the Attorney General, the Secretary, or Administrator, as appropriate, may compromise, modify, or remit, with or without conditions, the civil penalty. (h) Nonpayment penalty Any person who fails to pay on a timely basis a civil penalty assessed under this section shall also be liable to the United States for interest on the penalty at an annual rate equal to 11 percent compounded quarterly, attorney fees and costs for collection proceedings, and a quarterly nonpayment penalty for each quarter during which such failure to pay persists. That nonpayment penalty shall be in an amount equal to 20 percent of the aggregate amount of that persons penalties and nonpayment penalties that are unpaid as of the beginning of that quarter. ( Pub. L. 111281, title X,  1042 Oct. 15, 2010 124 Stat. 3030  Editorial Notes  References in Text This chapter, referred to in subsecs. (a)(1), (c), and (f), was in the original this title, meaning title X of Pub. L. 111281 Oct. 15, 2010 124 Stat. 3023  3853. Liability in rem  A vessel operated in violation of the Convention, this chapter, or any regulation prescribed under this chapter, is liable in rem for any fine imposed under title 18 or civil penalty assessed pursuant to section 3852 of this title ( Pub. L. 111281, title X,  1043 Oct. 15, 2010 124 Stat. 3031 Pub. L. 111330,  1(20) Dec. 22, 2010 124 Stat. 3571  Editorial Notes  References in Text This chapter, referred to in text, was in the original this title, meaning title X of Pub. L. 111281 Oct. 15, 2010 124 Stat. 3023 Amendments 2010 Pub. L. 111330 Statutory Notes and Related Subsidiaries Effective Date of 2010 Amendment Pub. L. 111330,  1 Dec. 22, 2010 124 Stat. 3569 Pub. L. 111281  3854. Vessel clearance or permits; refusal or revocation; bond or other surety  If any vessel that is subject to the Convention or this chapter, or its owner, operator, or person in charge, is liable for a fine or civil penalty under section 3852 or 3853 of this title, or if reasonable cause exists to believe that the vessel, its owner, operator, or person in charge may be subject to a fine or civil penalty under section 3852 or 3853 of this title, the Secretary may refuse or revoke the clearance required by section 60105 of title 46 ( Pub. L. 111281, title X,  1044 Oct. 15, 2010 124 Stat. 3031  Editorial Notes  References in Text This chapter, referred to in text, was in the original this title, meaning title X of Pub. L. 111281 Oct. 15, 2010 124 Stat. 3023  3855. Warnings, detentions, dismissals, exclusion (a) In general If a vessel is detected to be in violation of the Convention, this chapter, or any regulation prescribed under this chapter, the Secretary may warn, detain, dismiss, or exclude the vessel from any port or offshore terminal under the jurisdiction of the United States. (b) Notifications If action is taken under subsection (a), the Secretary, in consultation with the Secretary of State, shall make the notifications required by the Convention. ( Pub. L. 111281, title X,  1045 Oct. 15, 2010 124 Stat. 3031  Editorial Notes  References in Text This chapter, referred to in subsec. (a), was in the original this title, meaning title X of Pub. L. 111281 Oct. 15, 2010 124 Stat. 3023  3856. Referrals for appropriate action by foreign country  Notwithstanding sections 3851, 3852, 3853, and 3855 of this title, if a violation of the Convention is committed by a vessel registered in or of the nationality of a country that is a party to the Convention, or by a vessel operated under the authority of a country that is a party to the Convention, the Secretary, acting in coordination with the Secretary of State, may refer the matter to the government of the country of the vessels registry or nationality, or under whose authority the vessel is operating, for appropriate action, rather than taking the actions otherwise required or authorized by this subchapter. ( Pub. L. 111281, title X,  1046 Oct. 15, 2010 124 Stat. 3031  Editorial Notes  References in Text This subchapter, referred to in text, was in the original this subtitle, meaning subtitle D ( 10411048) of title X of Pub. L. 111281 Oct. 15, 2010 124 Stat. 3029  3857. Remedies not affected (a) In general Nothing in this chapter limits, denies, amends, modifies, or repeals any other remedy available to the United States. (b) Relationship to State and local law Nothing in this chapter limits, denies, amends, modifies, or repeals any rights under existing law, of any State, territory, or possession of the United States, or any political subdivision thereof, to regulate any antifouling system. Compliance with the requirements of a State, territory, or possession of the United States, or political subdivision thereof related to antifouling paint or any other antifouling system does not relieve any person of the obligation to comply with this chapter. ( Pub. L. 111281, title X,  1047 Oct. 15, 2010 124 Stat. 3031  Editorial Notes  References in Text This chapter, referred to in text, was in the original this title, meaning title X of Pub. L. 111281 Oct. 15, 2010 124 Stat. 3023 CHAPTER 52 WATER INFRASTRUCTURE FINANCE AND INNOVATION    Sec.  3901. Definitions.  3902. Authority to provide assistance.  3903. Applications.  3904. Eligible entities.  3905. Projects eligible for assistance.  3906. Activities eligible for assistance.  3907. Determination of eligibility and project selection.  3908. Secured loans.  3909. Program administration.  3910. State, tribal, and local permits.  3911. Regulations.  3912. Funding.  3913. Reports on program implementation.  3914. Requirements.  3915. Outreach plan.  3901. Definitions In this chapter: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Community water system The term community water system has the meaning given the term in section 300f of title 42 (3) Federal credit instrument The term Federal credit instrument means a secured loan or loan guarantee authorized to be made available under this chapter with respect to a project. (4) Investment-grade rating The term investment-grade rating means a rating of BBB minus, Baa3, bbb minus, BBB (low), or higher assigned by a rating agency to project obligations. (5) Lender (A) In general The term lender means any non-Federal qualified institutional buyer (as defined in section 230.144A(a) of title 17, Code of Federal Regulations (or a successor regulation), known as Rule 144A(a) of the Securities and Exchange Commission and issued under the Securities Act of 1933 ( 15 U.S.C. 77a (B) Inclusions The term lender includes (i) a qualified retirement plan (as defined in section 4974(c) of title 26 (ii) a governmental plan (as defined in section 414(d) of title 26 (6) Loan guarantee The term loan guarantee means any guarantee or other pledge by the Secretary or the Administrator to pay all or part of the principal of, and interest on, a loan or other debt obligation issued by an obligor and funded by a lender. (7) Obligor The term obligor means an eligible entity that is primarily liable for payment of the principal of, or interest on, a Federal credit instrument. (8) Project obligation (A) In general The term project obligation means any note, bond, debenture, or other debt obligation issued by an obligor in connection with the financing of a project. (B) Exclusion The term project obligation does not include a Federal credit instrument. (9) Rating agency The term rating agency means a credit rating agency registered with the Securities and Exchange Commission as a nationally recognized statistical rating organization (as defined in section 78c(a) of title 15 (10) Secured loan The term secured loan means a direct loan or other debt obligation issued by an obligor and funded by the Secretary or Administrator, as applicable, in connection with the financing of a project under section 3908 of this title (11) State The term State means (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. (12) State infrastructure financing authority The term State infrastructure financing authority means the State entity established or designated by the Governor of a State to receive a capitalization grant provided by, or otherwise carry out the requirements of, title VI of the Federal Water Pollution Control Act ( 33 U.S.C. 1381 1 1 section 300j12 of title 42 (13) Subsidy amount The term subsidy amount means the amount of budget authority sufficient to cover the estimated long-term cost to the Federal Government of a Federal credit instrument, as calculated on a net present value basis, excluding administrative costs and any incidental effects on governmental receipts or outlays in accordance with the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661 (14) Substantial completion The term substantial completion, with respect to a project, means the earliest date on which a project is considered to perform the functions for which the project is designed. (15) Treatment works The term treatment works has the meaning given the term in section 212 of the Federal Water Pollution Control Act ( 33 U.S.C. 1292 ( Pub. L. 113121, title V,  5022 June 10, 2014 128 Stat. 1332  Editorial Notes  References in Text The Securities Act of 1933, referred to in par. (5)(A), is title I of act May 27, 1933, ch. 38 48 Stat. 74 section 77a of Title 15 The Federal Water Pollution Control Act, referred to in par. (12), is act June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 816 section 1251 of this title The Federal Credit Reform Act of 1990, referred to in par. (13), is title V of Pub. L. 93344 Pub. L. 101508, title XIII,  13201(a) Nov. 5, 1990 104 Stat. 1388609 section 621 of Title 2 Statutory Notes and Related Subsidiaries Short Title Pub. L. 113121, title V,  5021 June 10, 2014 128 Stat. 1332 This subtitle [subtitle C ( 50215035) of title V of Pub. L. 113121  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121 section 2201 of this title  3902. Authority to provide assistance (a) In general The Secretary and the Administrator may provide financial assistance under this chapter to carry out projects, which shall be selected to ensure a diversity of project types and geographical locations. (b) Responsibility (1) Secretary The Secretary shall provide financial assistance to carry out all projects under this chapter that are eligible projects under section 3905(1) of this title (2) Administrator The Administrator shall provide financial assistance to carry out all projects under this chapter that are eligible projects under paragraphs (2), (3), (4), (5), (6), (7), and (9) of section 3905 of this title (3) Other projects The Secretary or the Administrator, as applicable, may carry out eligible projects under paragraph (8) or (10) of section 3905 of this title ( Pub. L. 113121, title V,  5023 June 10, 2014 128 Stat. 1333 Pub. L. 114322, title IV,  5008(a) Dec. 16, 2016 130 Stat. 1896 Pub. L. 115270, title IV,  4201(a)(1) Oct. 23, 2018 132 Stat. 3877  Editorial Notes Amendments 2018Subsec. (a). Pub. L. 115270,  4201(a)(1)(A) Subsec. (b)(1). Pub. L. 115270,  4201(a)(1) Subsec. (b)(2). Pub. L. 115270,  4201(a)(1)(A) 2016Subsec. (b)(2). Pub. L. 114322,  5008(b)(2)(A)(i) Pub. L. 114322,  5008(a) Subsec. (b)(3). Pub. L. 114322,  5008(b)(2)(A)(ii) Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121 section 2201 of this title  3903. Applications (a) In general To receive assistance under this chapter, an eligible entity shall submit to the Secretary or the Administrator, as applicable, an application at such time, in such manner, and containing such information as the Secretary or the Administrator may require. (b) Combined projects In the case of an eligible project described in paragraph (9) or (10) of section 3905 of this title ( Pub. L. 113121, title V,  5024 June 10, 2014 128 Stat. 1333 Pub. L. 114322, title IV,  5008(b)(2)(B) Dec. 16, 2016 130 Stat. 1897  Editorial Notes Amendments 2016Subsec. (b). Pub. L. 114322 Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121 section 2201 of this title  3904. Eligible entities The following entities are eligible to receive assistance under this chapter: (1) A corporation. (2) A partnership. (3) A joint venture. (4) A trust. (5) A Federal, State, or local governmental entity, agency, or instrumentality. (6) A tribal government or consortium of tribal governments. (7) A State infrastructure financing authority. ( Pub. L. 113121, title V,  5025 June 10, 2014 128 Stat. 1334  3905. Projects eligible for assistance The following projects may be carried out with amounts made available under this chapter: (1) Any project for flood damage reduction, hurricane and storm damage reduction, environmental restoration, coastal or inland harbor navigation improvement, or inland and intracoastal waterways navigation improvement that the Secretary determines is technically sound, economically justified, and environmentally acceptable, including (A) a project to reduce flood damage; (B) a project to restore aquatic ecosystems; (C) a project to improve the inland and intracoastal waterways navigation system of the United States; and (D) a project to improve navigation of a coastal or inland harbor of the United States, including channel deepening and construction of associated general navigation features. (2) 1 or more activities that are eligible for assistance under section 1383(c) of this title (3) 1 or more activities described in section 300j12(a)(2) of title 42 (4) A project for enhanced energy efficiency in the operation of a public water system or a publicly owned treatment works. (5) A project for repair, rehabilitation, or replacement of a treatment works, community water system, or aging water distribution or waste collection facility (including a facility that serves a population or community of an Indian reservation). (6) A brackish or sea water desalination project, including chloride control, a managed aquifer recharge project, a water recycling project, or a project to provide alternative water supplies to reduce aquifer depletion. (7) A project to prevent, reduce, or mitigate the effects of drought, including projects that enhance the resilience of drought-stricken watersheds. (8) Acquisition of real property or an interest in real property (A) if the acquisition is integral to a project described in paragraphs (1) through (6); or (B) pursuant to an existing plan that, in the judgment of the Administrator or the Secretary, as applicable, would mitigate the environmental impacts of water resources infrastructure projects otherwise eligible for assistance under this section. (9) A combination of projects, each of which is eligible under paragraph (2) or (3), for which a State infrastructure financing authority submits to the Administrator a single application. (10) A combination of projects secured by a common security pledge, each of which is eligible under paragraph (1), (2), (3), (4), (5), (6), (7), or (8), for which an eligible entity, or a combination of eligible entities, submits a single application. ( Pub. L. 113121, title V,  5026 June 10, 2014 128 Stat. 1334 Pub. L. 114322, title IV,  5008(b)(1) Dec. 16, 2016 130 Stat. 1896  Editorial Notes Amendments 2016Par. (6). Pub. L. 114322,  5008(b)(1)(A) Pars. (7) to (9). Pub. L. 114322,  5008(b)(1)(B) Par. (10). Pub. L. 114322,  5008(b)(1)(B) Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121 section 2201 of this title  3906. Activities eligible for assistance For purposes of this chapter, an eligible activity with respect to an eligible project includes the cost of (1) development-phase activities, including planning, feasibility analysis (including any related analysis necessary to carry out an eligible project), revenue forecasting, environmental review, permitting, preliminary engineering and design work, and other preconstruction activities; (2) construction, reconstruction, rehabilitation, and replacement activities; (3) the acquisition of real property or an interest in real property (including water rights, land relating to the project, and improvements to land), environmental mitigation (including acquisitions pursuant to section 3905(8) of this title (4) capitalized interest necessary to meet market requirements, reasonably required reserve funds, capital issuance expenses, and other carrying costs during construction. ( Pub. L. 113121, title V,  5027 June 10, 2014 128 Stat. 1335 Pub. L. 114322, title IV,  5008(b)(2)(C) Dec. 16, 2016 130 Stat. 1897  Editorial Notes Amendments 2016Par. (3). Pub. L. 114322  3907. Determination of eligibility and project selection (a) Eligibility requirements To be eligible to receive financial assistance under this chapter, a project shall meet the following criteria, as determined by the Secretary or Administrator, as applicable: (1) Creditworthiness (A) In general The project and obligor shall be creditworthy, which shall be determined by the Secretary or the Administrator, as applicable. (B) Considerations In determining the creditworthiness of a project and obligor, the Secretary or the Administrator, as applicable, shall take into consideration relevant factors, including (i) the terms, conditions, financial structure, and security features of the proposed financing; (ii) the dedicated revenue sources that will secure or fund the project obligations; (iii) the financial assumptions upon which the project is based; and (iv) the financial soundness and credit history of the obligor. (C) Security features The Secretary or the Administrator, as applicable, shall ensure that any financing for the project has appropriate security features, such as a rate covenant, supporting the project obligations to ensure repayment. (D) Rating opinion letters (i) Preliminary rating opinion letter The Secretary or the Administrator, as applicable, shall require each project applicant to provide, at the time of application, a preliminary rating opinion letter from at least 1 rating agency indicating that the senior obligations of the project (which may be the Federal credit instrument) have the potential to achieve an investment-grade rating. (ii) Final rating opinion letters The Secretary or the Administrator, as applicable, shall require each project applicant to provide, prior to final acceptance and financing of the project, a final rating opinion letter from at least 1 rating agency indicating that the senior obligations of the project have an investment-grade rating. (E) Special rule for certain combined projects The Administrator shall develop a credit evaluation process for a Federal credit instrument provided to (i) a State infrastructure financing authority for a project under section 3905(9) of this title (ii) an entity for a project under section 3905(10) of this title (2) Eligible project costs (A) In general Subject to subparagraph (B), the eligible project costs of a project shall be reasonably anticipated to be not less than $20,000,000. (B) Small community water infrastructure projects For a project described in paragraph (2) or (3) of section 3905 of this title (3) Dedicated revenue sources The Federal credit instrument for the project shall be repayable, in whole or in part, from dedicated revenue sources that also secure the project obligations. (4) Public sponsorship of private entities (A) In general If an eligible project is carried out by an entity that is not a State or local government or an agency or instrumentality of a State or local government or a tribal government or consortium of tribal governments, the project shall be publicly sponsored. (B) Public sponsorship For purposes of this chapter, a project shall be considered to be publicly sponsored if the obligor can demonstrate, to the satisfaction of the Secretary or the Administrator, as appropriate, that the project applicant has consulted with the affected State, local, or tribal government in which the project is located, or is otherwise affected by the project, and that such government supports the proposed project. (5) Use of existing financing mechanisms (A) Notification For each eligible project for which the Administrator has authority under paragraph (2) or (3) of section 3902(b) of this title (B) Determination If, not later than 60 days after the date of receipt of a notification under subparagraph (A), a State infrastructure financing authority notifies the Administrator that the State infrastructure financing authority intends to commit funds to the project in an amount that is equal to or greater than the amount requested under the application, the Administrator may not provide any financial assistance for that project under this chapter unless (i) by the date that is 180 days after the date of receipt of a notification under subparagraph (A), the State infrastructure financing authority fails to enter into an assistance agreement to provide funds for the project; or (ii) the financial assistance to be provided by the State infrastructure financing authority will be at rates and terms that are less favorable than the rates and terms for financial assistance provided under this chapter. (6) Operation and maintenance plan (A) In general The Secretary or the Administrator, as applicable, shall determine whether an applicant for assistance under this chapter has developed, and identified adequate revenues to implement, a plan for operating, maintaining, and repairing the project over the useful life of the project. (B) Special rule An eligible project described in section 3905(1) of this title (b) Selection criteria (1) Establishment The Secretary or the Administrator, as applicable, shall establish criteria for the selection of projects that meet the eligibility requirements of subsection (a), in accordance with paragraph (2). (2) Criteria The selection criteria shall include the following: (A) The extent to which the project is nationally or regionally significant, with respect to the generation of economic and public benefits, such as (i) the reduction of flood risk; (ii) the improvement of water quality and quantity, including aquifer recharge; (iii) the protection of drinking water, including source water protection; and (iv) the support of international commerce. (B) The extent to which the project financing plan includes public or private financing in addition to assistance under this chapter. (C) The likelihood that assistance under this chapter would enable the project to proceed at an earlier date than the project would otherwise be able to proceed. (D) The extent to which the project uses new or innovative approaches. (E) The amount of budget authority required to fund the Federal credit instrument made available under this chapter. (F) The extent to which the project (i) protects against extreme weather events, such as floods or hurricanes; or (ii) helps maintain or protect the environment. (G) The extent to which a project serves regions with significant energy exploration, development, or production areas. (H) The extent to which a project serves regions with significant water resource challenges, including the need to address (i) water quality concerns in areas of regional, national, or international significance; (ii) water quantity concerns related to groundwater, surface water, or other water sources; (iii) significant flood risk; (iv) water resource challenges identified in existing regional, State, or multistate agreements; or (v) water resources with exceptional recreational value or ecological importance. (I) The extent to which the project addresses identified municipal, State, or regional priorities. (J) The readiness of the project to proceed toward development, including a demonstration by the obligor that there is a reasonable expectation that the contracting process for construction of the project can commence by not later than 90 days after the date on which a Federal credit instrument is obligated for the project under this chapter. (K) The extent to which assistance under this chapter reduces the contribution of Federal assistance to the project. (3) Special rule for certain combined projects For a project described in section 3905(9) of this title (c) Federal requirements Nothing in this section supersedes the applicability of other requirements of Federal law (including regulations). ( Pub. L. 113121, title V,  5028 June 10, 2014 128 Stat. 1335 Pub. L. 11494, div. A, title I,  1445 Dec. 4, 2015 129 Stat. 1437 Pub. L. 114322, title IV,  5008(b)(2)(D) Dec. 16, 2016 130 Stat. 1897 Pub. L. 115270, title IV,  4201(a)(2) Oct. 23, 2018 132 Stat. 3877 Pub. L. 11758, div. E, title II,  50214 Nov. 15, 2021 135 Stat. 1173  Editorial Notes Amendments 2021Subsec. (a)(1)(D)(ii). Pub. L. 11758 2018Subsec. (a)(1)(E). Pub. L. 115270 section 3905(9) of this title section 3905(10) of this title 2016Subsec. (a)(1)(E). Pub. L. 114322,  5008(b)(2)(D)(i) Subsec. (b)(3). Pub. L. 114322,  5008(b)(2)(D)(ii) 2015Subsec. (a)(5) to (7). Pub. L. 11494 (A) the interest on which is exempt from the tax imposed under chapter 1 of title 26; or (B) with respect to which credit is allowable under subpart I or J of part IV of subchapter A of chapter 1 of title 26. Statutory Notes and Related Subsidiaries Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121 section 2201 of this title  3908. Secured loans (a) Agreements (1) In general Subject to paragraphs (2) and (3), the Secretary or the Administrator, as applicable, may enter into agreements with 1 or more obligors to make secured loans, the proceeds of which shall be used to finance eligible project costs of any project selected under section 3907 of this title (2) Financial risk assessment Before entering into an agreement under this subsection for a secured loan, the Secretary or the Administrator, as applicable, in consultation with the Director of the Office of Management and Budget and each rating agency providing a rating opinion letter under section 3907(a)(1)(D) of this title (3) Investment-grade rating requirement The execution of a secured loan under this section shall be contingent on receipt by the senior obligations of the project of an investment-grade rating. (b) Terms and limitations (1) In general A secured loan provided for a project under this section shall be subject to such terms and conditions, and contain such covenants, representations, warranties, and requirements (including requirements for audits), as the Secretary or the Administrator, as applicable, determines to be appropriate. (2) Maximum amount The amount of a secured loan under this section shall not exceed the lesser of (A) an amount equal to 49 percent of the reasonably anticipated eligible project costs; and (B) if the secured loan does not receive an investment-grade rating, the amount of the senior project obligations of the project. (3) Payment A secured loan under this section (A) shall be payable, in whole or in part, from State or local taxes, user fees, or other dedicated revenue sources that also secure the senior project obligations of the relevant project; (B) shall include a rate covenant, coverage requirement, or similar security feature supporting the project obligations; and (C) may have a lien on revenues described in subparagraph (A), subject to any lien securing project obligations. (4) Interest rate The interest rate on a secured loan under this section shall be not less than the yield on United States Treasury securities of a similar maturity to the maturity of the secured loan on the date of execution of the loan agreement. (5) Maturity date (A) In general The final maturity date of a secured loan under this section shall be the earlier of (i) the date that is 35 years after the date of substantial completion of the relevant project (as determined by the Secretary or the Administrator, as applicable); and (ii) if the useful life of the project (as determined by the Secretary or Administrator, as applicable) is less than 35 years, the useful life the project. (B) Special rule for State infrastructure financing authorities The final maturity date of a secured loan to a State infrastructure financing authority under this section shall be not later than 35 years after the date on which amounts are first disbursed. (6) Nonsubordination A secured loan under this section shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy, insolvency, or liquidation of the obligor of the project. (7) Fees (A) In general Except as provided in subparagraph (B), the Secretary or the Administrator, as applicable, may establish fees at a level sufficient to cover all or a portion of the costs to the Federal Government of making a secured loan under this section. (B) Financing fees On request of an eligible entity, the Secretary or the Administrator, as applicable, shall allow the fees under subparagraph (A) to be financed as part of the loan. (8) Non-Federal share The proceeds of a secured loan under this section may be used to pay any non-Federal share of project costs required if the loan is repayable from non-Federal funds. (9) Maximum Federal involvement (A) In general Except as provided in subparagraph (B), for each project for which assistance is provided under this chapter, the total amount of Federal assistance shall not exceed 80 percent of the total project cost. (B) Exceptions Subparagraph (A) shall not apply to any rural water project (i) that is authorized to be carried out by the Secretary of the Interior; (ii) that includes among its beneficiaries a federally recognized Indian tribe; and (iii) for which the authorized Federal share of the total project costs is greater than the amount described in subparagraph (A). (C) Exception for projects funded by a State infrastructure financing authority Notwithstanding subparagraph (A), a State infrastructure financing authority may finance up to 100 percent of the costs of a project using the proceeds of financial assistance authorized under section 3912(e) of this title (10) Credit Any eligible project costs incurred and the value of any integral in-kind contributions made before receipt of assistance under this chapter shall be credited toward the 51 percent of project costs to be provided by sources of funding other than a secured loan under this chapter (as described in paragraph (2)(A)). (c) Repayment (1) Schedule The Secretary or the Administrator, as applicable, shall establish a repayment schedule for each secured loan provided under this section, based on the projected cash flow from project revenues and other repayment sources. (2) Commencement (A) In general Scheduled loan repayments of principal or interest on a secured loan under this section shall commence not later than 5 years after the date of substantial completion of the project (as determined by the Secretary or Administrator, as applicable). (B) Special rule for State infrastructure financing authorities (i) Timing of scheduled loan repayments Scheduled loan repayments of principal or interest on a secured loan to a State infrastructure financing authority under this chapter shall commence not later than 5 years after the date on which amounts are first disbursed. (ii) Repayments None of the funds for repayment of a secured loan under this title from a State infrastructure financing authority may come from funds provided to a State revolving loan fund under title VI of the Federal Water Pollution Control Act ( 33 U.S.C. 1381 section 300j12 of title 42 (3) Deferred payments (A) Authorization If, at any time after the date of substantial completion of a project for which a secured loan is provided under this section, the project is unable to generate sufficient revenues to pay the scheduled loan repayments of principal and interest on the secured loan, the Secretary or the Administrator, as applicable, subject to subparagraph (C), may allow the obligor to add unpaid principal and interest to the outstanding balance of the secured loan. (B) Interest Any payment deferred under subparagraph (A) shall (i) continue to accrue interest in accordance with subsection (b)(4) until fully repaid; and (ii) be scheduled to be amortized over the remaining term of the secured loan. (C) Criteria (i) In general Any payment deferral under subparagraph (A) shall be contingent on the project meeting such criteria as the Secretary or the Administrator, as applicable, may establish. (ii) Repayment standards The criteria established under clause (i) shall include standards for reasonable assurance of repayment. (4) Prepayment (A) Use of excess revenues Any excess revenues that remain after satisfying scheduled debt service requirements on the project obligations and secured loan and all deposit requirements under the terms of any trust agreement, bond resolution, or similar agreement securing project obligations may be applied annually to prepay a secured loan under this section without penalty. (B) Use of proceeds of refinancing A secured loan under this section may be prepaid at any time without penalty from the proceeds of refinancing from non-Federal funding sources. (d) Sale of secured loans (1) In general Subject to paragraph (2), as soon as practicable after the date of substantial completion of a project and after providing a notice to the obligor, the Secretary or the Administrator, as applicable, may sell to another entity or reoffer into the capital markets a secured loan for a project under this section, if the Secretary or the Administrator, as applicable, determines that the sale or reoffering can be made on favorable terms. (2) Consent of obligor In making a sale or reoffering under paragraph (1), the Secretary or the Administrator, as applicable, may not change the original terms and conditions of the secured loan without the written consent of the obligor. (e) Loan guarantees (1) In general The Secretary or the Administrator, as applicable, may provide a loan guarantee to a lender in lieu of making a secured loan under this section, if the Secretary or the Administrator, as applicable, determines that the budgetary cost of the loan guarantee is substantially the same as that of a secured loan. (2) Terms The terms of a loan guarantee provided under this subsection shall be consistent with the terms established in this section for a secured loan, except that the rate on the guaranteed loan and any prepayment features shall be negotiated between the obligor and the lender, with the consent of the Secretary or the Administrator, as applicable. ( Pub. L. 113121, title V,  5029 June 10, 2014 128 Stat. 1338 Pub. L. 114322, title IV,  5008(c) Dec. 16, 2016 130 Stat. 1897 Pub. L. 115270, title IV,  4201(a)(3) Oct. 23, 2018 132 Stat. 3877  Editorial Notes  References in Text This title, referred to in subsec. (c)(2)(B)(ii), is title V of Pub. L. 113121 June 10, 2014 128 Stat. 1322 Pub. L. 113121 The Federal Water Pollution Control Act, referred to in subsec. (c)(2)(B)(ii), is act June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 816 section 1251 of this title Amendments 2018Subsec. (b)(9)(C). Pub. L. 115270,  4201(b)(1) Subsec. (c)(2)(B). Pub. L. 115270,  4201(a)(3) 2016Subsec. (b)(7). Pub. L. 114322,  5008(c)(1) Subsec. (b)(10). Pub. L. 114322,  5008(c)(2) Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121 section 2201 of this title  3909. Program administration (a) Requirement The Secretary or the Administrator, as applicable, shall establish a uniform system to service the Federal credit instruments made available under this chapter. (b) Fees (1) In general The Secretary or the Administrator, as applicable, may collect and spend fees, contingent on authority being provided in appropriations Acts, at a level that is sufficient to cover (A) the costs of services of expert firms retained pursuant to subsection (d); and (B) all or a portion of the costs to the Federal Government of servicing the Federal credit instruments provided under this chapter. (2) Prohibition on pass through fees The Administrator, in the case where a State infrastructure financing authority obtains financial assistance under section 3912(e) of this title section 3908(b)(7) of this title (c) Servicer (1) In general The Secretary or the Administrator, as applicable, may appoint a financial entity to assist the Secretary or the Administrator in servicing the Federal credit instruments provided under this chapter. (2) Duties A servicer appointed under paragraph (1) shall act as the agent for the Secretary or the Administrator, as applicable. (3) Fee A servicer appointed under paragraph (1) shall receive a servicing fee, subject to approval by the Secretary or the Administrator, as applicable. (d) Assistance from experts The Secretary or the Administrator, as applicable, may retain the services, including counsel, of organizations and entities with expertise in the field of municipal and project finance to assist in the underwriting and servicing of Federal credit instruments provided under this chapter. (e) Special rule for State reviews of projects for State infrastructure financing authorities (1) In general A project described in section 3905(9) of this title (A) title VI of the Federal Water Pollution Control Act ( 33 U.S.C. 1381 (B)  section 300j12 of title 42 (2) No new reviews required Nothing in this title requires any additional or new environmental or engineering review for a project described in section 3905(9) of this title (f) Special rule for expedited review of applications from State infrastructure financing authorities Not later than 180 days after the date on which the Administrator receives a complete application from a State infrastructure financing authority for a project under section 3905(9) of this title (1) approve the application; or (2) provide detailed guidance and an explanation of any changes to the application necessary for approval of the application. (g) Agreements (1) In general Subject to paragraphs (3) and (4), the Administrator may enter into an agreement with another relevant Federal agency to provide assistance in administering and servicing Federal credit instruments that such agency is authorized to make available. (2) Duties The Administrator may act as an agent for the head of another Federal agency under paragraph (1), subject to the terms of any agreement entered into by the Administrator and the head of such other agency under such clause. (3) Transfer of funds The authority of the Administrator to provide assistance under paragraph (1) is subject to (A) the availability of funds appropriated to the other Federal agency that may be transferred to the Administrator to carry out an agreement entered into under paragraph (1); and (B) the transfer of such funds to the Administrator to carry out such an agreement. (4) Limitation Nothing in this subsection affects the authority of the Administrator with respect to the selection of projects described in paragraphs (1), (8), or (10) of section 3905 of this title (h) Applicability of other laws Section 513 of the Federal Water Pollution Control Act ( 33 U.S.C. 1372 33 U.S.C. 1251 ( Pub. L. 113121, title V,  5030 June 10, 2014 128 Stat. 1341 Pub. L. 115270, title IV,  4201(b)(2) Oct. 23, 2018 132 Stat. 3878  Editorial Notes  References in Text The Federal Water Pollution Control Act, referred to in subsecs. (e)(1)(A) and (h), is act June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 816 section 1251 of this title Under this title and nothing in this title, referred to in subsec. (e), mean title V of Pub. L. 113121 June 10, 2014 128 Stat. 1322 Pub. L. 113121 Amendments 2018Subsec. (b)(2). Pub. L. 115270,  4201(b)(2)(A) Subsecs. (e), (f). Pub. L. 115270,  4201(b)(2)(B) Subsec. (g). Pub. L. 115270,  4201(c) Subsec. (h). Pub. L. 115270,  4201(b)(2)(B) Statutory Notes and Related Subsidiaries Agreement With Commissioner of Reclamation Pub. L. 115270, title IV,  4301 Oct. 23, 2018 132 Stat. 3880 Not later than 1 year after the date of enactment of this Act [ Oct. 23, 2018 33 U.S.C. 3909(g)  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121 section 2201 of this title  3910. State, tribal, and local permits The provision of financial assistance for a project under this chapter shall not (1) relieve any recipient of the assistance of any obligation to obtain any required State, local, or tribal permit or approval with respect to the project; (2) limit the right of any unit of State, local, or tribal government to approve or regulate any rate of return on private equity invested in the project; or (3) otherwise supersede any State, local, or tribal law (including any regulation) applicable to the construction or operation of the project. ( Pub. L. 113121, title V,  5031 June 10, 2014 128 Stat. 1342  3911. Regulations  The Secretary or the Administrator, as applicable, may promulgate such regulations as the Secretary or Administrator determines to be appropriate to carry out this chapter. ( Pub. L. 113121, title V,  5032 June 10, 2014 128 Stat. 1342  Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121 section 2201 of this title  3912. Funding (a) In general (1) Fiscal years 2015 through 2019 There are authorized to be appropriated to each of the Secretary and the Administrator to carry out this chapter, to remain available until expended (A) $20,000,000 for fiscal year 2015; (B) $25,000,000 for fiscal year 2016; (C) $35,000,000 for fiscal year 2017; (D) $45,000,000 for fiscal year 2018; and (E) $50,000,000 for fiscal year 2019. (2) Fiscal years 2020 and 2021 There is authorized to be appropriated to the Administrator to carry out this chapter $50,000,000 for each of fiscal years 2020 and 2021, to remain available until expended. (3) Fiscal years 2022 through 2026 There is authorized to be appropriated to the Administrator to carry out this chapter $50,000,000 for each of fiscal years 2022 through 2026, to remain available until expended. (b) Administrative costs (1) Fiscal years 2015 through 2019 Of the funds made available to carry out this chapter, the Secretary or the Administrator, as applicable, may use for the administration of this chapter, including for the provision of technical assistance to aid project sponsors in obtaining the necessary approvals for the project, not more than $2,200,000 for each of fiscal years 2015 through 2019. (2) Fiscal years after 2019 Of the funds made available to carry out this chapter, the Administrator may use for the administration of this chapter, including for the provision of technical assistance to aid project sponsors in obtaining the necessary approvals for the project, not more than $5,000,000 for each of fiscal years 2022 through 2026. (c) Small community water infrastructure projects (1) In general For each fiscal year, the Secretary or the Administrator, as applicable, shall set aside not less than 15 percent of the amounts made available for that fiscal year under this section for small community water infrastructure projects described in section 3907(a)(2)(B) of this title (2) Administration Any amounts set aside under paragraph (1) that remain unobligated on June 1 of the fiscal year for which the amounts are set aside shall be available for obligation by the Secretary or the Administrator, as applicable, for projects other than small community water infrastructure projects. (d) Additional funding Notwithstanding section 3908(b)(2) of this title (e) Assistance for State infrastructure financing authorities (1) In general With respect to fiscal years 2022 through 2026, if the Administrator has available for obligation in a fiscal year at least $50,000,000, there is authorized to be appropriated to the Administrator $5,000,000 for that fiscal year to provide financial assistance for projects described in section 3905(9) of this title (2) No impact on other Federal funding No funds shall be made available in a fiscal year to the Administrator for purposes of this subsection if (A) the total amount appropriated for the fiscal year for State loan funds under section 300j12 of title 42 (B) the total amount appropriated for the fiscal year for water pollution control revolving funds under title VI of the Federal Water Pollution Control Act [ 33 U.S.C. 1381 (3) Inclusion in agreement If the Administrator provides financial assistance to a State infrastructure financing authority under section 3908 of this title ( Pub. L. 113121, title V,  5033 June 10, 2014 128 Stat. 1342 Pub. L. 115270, title IV,  4201(a)(4) Oct. 23, 2018 132 Stat. 3878 Pub. L. 11758, div. E, title II,  50215(a) Nov. 15, 2021 135 Stat. 1174  Editorial Notes  References in Text The Federal Water Pollution Control Act, referred to in subsec (e)(2)(B), is act June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 816 section 1251 of this title Amendments 2021Subsec. (a)(3). Pub. L. 11758,  50215(a)(1) Subsec. (b)(2). Pub. L. 11758,  50215(a)(2) Subsec. (e)(1). Pub. L. 11758,  50215(a)(3) 2018Subsec. (a). Pub. L. 115270,  4201(a)(4)(A) Subsec. (b). Pub. L. 115270,  4201(a)(4)(B) Subsec. (e). Pub. L. 115270,  4201(b)(3) Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121 section 2201 of this title  3913. Reports on program implementation (a) Agency reporting As soon as practicable after each fiscal year for which amounts are made available to carry out this chapter, the Secretary and the Administrator shall publish on a dedicated, publicly accessible Internet site (1) each application received for assistance under this chapter; and (2) a list of the projects selected for assistance under this chapter, including (A) a description of each project; (B) the amount of financial assistance provided for each project; and (C) the basis for the selection of each project with respect to the requirements of this chapter. (b) Reports to Congress (1) In general Not later than 3 years after October 23, 2018 (A) the applications received for assistance under this chapter; (B) the projects selected for assistance under this chapter, including a description of the projects and the basis for the selection of those projects with respect to the requirements of this chapter; (C) the type and amount of financial assistance provided for each project selected for assistance under this chapter; (D) the financial performance of each project selected for assistance under this chapter, including an evaluation of whether the objectives of this chapter are being met; (E) the benefits and impacts of implementation of this chapter, including the public benefit provided by the projects selected for assistance under this chapter, including, as applicable, water quality and water quantity improvement, the protection of drinking water, and the reduction of flood risk; and (F) an evaluation of the feasibility of attracting non-Federal public or private financing for water infrastructure projects as a result of the implementation of this chapter. (2) Recommendations The report under paragraph (1) shall include (A) an evaluation of the impacts (if any) of the limitation under section 3907(a)(5) 1 1 (B) a recommendation as to whether the objectives of this chapter would be best served (i) by continuing the authority of the Secretary or the Administrator, as applicable, to provide assistance under this chapter; (ii) by establishing a Government corporation or Government-sponsored enterprise to provide assistance in accordance with this chapter; or (iii) by terminating the authority of the Secretary and the Administrator under this chapter and relying on the capital markets to fund the types of infrastructure investments assisted by this chapter without Federal participation; and (C) any proposed changes to improve the efficiency and effectiveness of this chapter in providing financing for water infrastructure projects, taking into consideration the recommendations made under subparagraphs (A) and (B). ( Pub. L. 113121, title V,  5034 June 10, 2014 128 Stat. 1343 Pub. L. 115270, title IV,  4201(d) Oct. 23, 2018 132 Stat. 3880  Editorial Notes  References in Text Section 3907(a)(5) of this title section 3907(a)(6) of this title Pub. L. 11494, div. A, title I,  1445 Dec. 4, 2015 129 Stat. 1437 Amendments 2018 Pub. L. 115270,  4201(d)(1) Subsec. (b)(1). Pub. L. 115270,  4201(d)(2) October 23, 2018 June 10, 2014 Statutory Notes and Related Subsidiaries  Secretary Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121 section 2201 of this title  3914. Requirements (a) In general Except as provided in subsection (c), none of the amounts made available under this chapter may be used for the construction, alteration, maintenance, or repair of a project eligible for assistance under this chapter unless all of the iron and steel products used in the project are produced in the United States. (b) Definition of iron and steel products In this section, the term iron and steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. (c) Application Subsection (a) shall not apply in any case or category of cases in which the Administrator finds that (1) applying subsection (a) would be inconsistent with the public interest; (2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. (d) Waiver If the Administrator receives a request for a waiver under this section, the Administrator shall make available to the public, on an informal basis, a copy of the request and information available to the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Administrator shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Environmental Protection Agency. (e) International agreements This section shall be applied in a manner consistent with United States obligations under international agreements. ( Pub. L. 113121, title V,  5035 June 10, 2014 128 Stat. 1344  3915. Outreach plan (a) Definition of rural community In this section, the term rural community means a city, town, or unincorporated area that has a population of not more than 10,000 inhabitants. (b) Outreach required Not later than 180 days after November 15, 2021 ( Pub. L. 113121, title V,  5036 Pub. L. 11758, div. E, title II,  50215(b) Nov. 15, 2021 135 Stat. 1174 CHAPTER 53 HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND CONTROL    Sec.  4001. Assessments.  4001a. Consultation required.  4002. National harmful algal bloom and hypoxia program.  4003. Comprehensive research plan and action strategy.  4004. Northern Gulf of Mexico hypoxia.  4004a. South Florida harmful algal blooms and hypoxia.  4005. Great Lakes hypoxia and harmful algal blooms.  4006. Protection of States rights.  4007. Effect on other Federal authority.  4008. Definitions.  4009. Authorization of appropriations.  4010. Hypoxia or harmful algal bloom of national significance.  4001. Assessments (a) Establishment of Inter-Agency Task Force The President, through the Committee on Environment and Natural Resources of the National Science and Technology Council, shall establish an Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia. The Task Force shall consist of a representative from (1) the Department of Commerce (who shall serve as Chairman of the Task Force); (2) the Environmental Protection Agency; (3) the Department of Agriculture; (4) the Department of the Interior; (5) the Department of the Navy; (6) the Department of Health and Human Services; (7) the National Science Foundation; (8) the National Aeronautics and Space Administration; (9) the Food and Drug Administration; (10) the Office of Science and Technology Policy; (11) the Council on Environmental Quality; (12) the Centers for Disease Control and Prevention; (13) the Army Corps of Engineers; and (14) other Federal agencies as the President considers appropriate. (b) Assessment of harmful algal blooms (1) Not later than 12 months after November 13, 1998 (2) The assessment shall (A) identify alternatives for preventing unnecessary duplication of effort among Federal agencies and departments with respect to harmful algal blooms; and (B) provide for Federal cooperation and coordination with and assistance to the coastal States, Indian tribes, and local governments in the prevention, reduction, management, mitigation, and control of harmful algal blooms and their environmental and public health impacts. (c) Assessment of hypoxia (1) Not later than 12 months after November 13, 1998 (2) The assessment shall (A) establish needs, priorities, and guidelines for a peer-reviewed, inter-agency research program on the causes, characteristics, and impacts of hypoxia; (B) identify alternatives for preventing unnecessary duplication of effort among Federal agencies and departments with respect to hypoxia; and (C) provide for Federal cooperation and coordination with and assistance to the States, Indian tribes, and local governments in the prevention, reduction, management, mitigation, and control of hypoxia and its environmental impacts. (d) Report to Congress on harmful algal bloom impacts (1) Development Not later than 12 months after December 10, 2004 (2) Requirements The report shall (A) review techniques for prediction of the onset, course, and impacts of harmful algal blooms including evaluation of their accuracy and utility in protecting environmental and public health and provisions for their development; (B) identify innovative research and development methods for the prevention, control, and mitigation of harmful algal blooms and provisions for their development; and (C) include incentive-based partnership approaches regarding subparagraphs (A) and (B) where practicable. (3) Publication and opportunity for comment At least 90 days before submitting the report to the Congress, the President shall cause a summary of the proposed plan to be published in the Federal Register for a public comment period of not less than 60 days. (4) Federal assistance The Secretary of Commerce, in coordination with the Task Force and to the extent of funds available, shall provide for Federal cooperation with and assistance to the coastal States, Indian tribes, and local governments regarding the measures described in paragraph (2), as requested. (e) Local and regional scientific assessments (1) In general The Secretary of Commerce, in coordination with the Task Force and appropriate State, Indian tribe, and local governments, to the extent of funds available, shall provide for local and regional scientific assessments of hypoxia and harmful algal blooms, as requested by States, Indian tribes, and local governments, or for affected areas as identified by the Secretary. If the Secretary receives multiple requests, the Secretary shall ensure, to the extent practicable, that assessments under this subsection cover geographically and ecologically diverse locations with significant ecological and economic impacts from hypoxia or harmful algal blooms. The Secretary shall establish a procedure for reviewing requests for local and regional assessments. The Secretary shall ensure, through consultation with Sea Grant Programs, that the findings of the assessments are communicated to the appropriate State, Indian tribe, and local governments, and to the general public. (2) Purpose Local and regional assessments shall examine (A) the causes and ecological consequences, and the economic cost, of hypoxia or harmful algal blooms in that area; (B) potential methods to prevent, control, and mitigate hypoxia or harmful algal blooms in that area and the potential ecological and economic costs and benefits of such methods; and (C) other topics the Task Force considers appropriate. (f) Scientific assessments of hypoxia (1) Not less than once every 5 years the Task Force shall complete and submit to the Congress a scientific assessment of hypoxia in United States coastal waters including the Great Lakes. The first such assessment shall be completed not less than 24 months after December 10, 2004 (2) The assessments under this subsection shall (A) examine the causes and ecological consequences, and the economic costs, of hypoxia; (B) describe the potential ecological and economic costs and benefits of possible policy and management actions for preventing, controlling, and mitigating hypoxia; (C) evaluate progress made by, and the needs of, Federal research programs on the causes, characteristics, and impacts of hypoxia, including recommendations of how to eliminate significant gaps in hypoxia modeling and monitoring data; and (D) identify ways to improve coordination and to prevent unnecessary duplication of effort among Federal agencies and departments with respect to research on hypoxia. (g) Scientific assessments of marine and freshwater harmful algal blooms Not less than once every 5 years the Task Force shall complete and submit to Congress a scientific assessment of harmful algal blooms in United States coastal waters and freshwater systems. Each assessment shall examine both marine and freshwater harmful algal blooms, including those in the Great Lakes and upper reaches of estuaries, those in freshwater lakes and rivers, and those that originate in freshwater lakes or rivers and migrate to coastal waters. (h) National scientific research, development, demonstration, and technology transfer plan on reducing impacts from harmful algal blooms (1) Not later than 12 months after December 10, 2004 (2) The plan shall (A) establish priorities and guidelines for a competitive, peer reviewed, merit based interagency research, development, demonstration, and technology transfer program on methods for the prevention, control, and mitigation of harmful algal blooms; (B) identify ways to improve coordination and to prevent unnecessary duplication of effort among Federal agencies and departments with respect to the actions described in paragraph (1); and (C) include to the maximum extent practicable diverse institutions, including Historically Black Colleges and Universities and those serving large proportions of Hispanics, Native Americans, Asian Pacific Americans, and other underrepresented populations. (3) The Secretary of Commerce, in conjunction with other appropriate Federal agencies, shall establish a research, development, demonstration, and technology transfer program that meets the priorities and guidelines established under paragraph (2)(A). The Secretary shall ensure, through consultation with Sea Grant Programs, that the results and findings of the program are communicated to State, Indian tribe, and local governments, and to the general public. (i) Report Not later than 2 years after the date the Action Strategy is submitted under section 4003 of this title (1) the proceedings of the annual Task Force meetings; (2) the activities carried out under the Program, including the regional and subregional parts of the Action Strategy; (3) the budget related to the activities under paragraph (2); (4) the progress made on implementing the Action Strategy; and (5) any need to revise or terminate research and activities under the Program. ( Pub. L. 105383, title VI,  603 Nov. 13, 1998 112 Stat. 3448 Pub. L. 108456, title I Dec. 10, 2004 118 Stat. 3630 Pub. L. 113124 June 30, 2014 128 Stat. 1379 Pub. L. 115423,  9(c) Jan. 7, 2019 132 Stat. 5462  Editorial Notes  References in Text This Act, referred to in subsec. (d)(1), probably means title I of Pub. L. 108456 Dec. 10, 2004 118 Stat. 3630 Codification Section was formerly set out in a note under section 1451 of Title 16 Amendments 2019Subsec. (a)(13), (14). Pub. L. 115423,  9(c) Subsec. (f). Pub. L. 115423,  9(d)(1) Subsec. (g). Pub. L. 115423,  9(d)(2) Subsecs. (h) to (j). Pub. L. 115423,  9(d)(2) 2014Subsec. (a). Pub. L. 113124,  10(b) Pub. L. 113124,  3(1) Subsec. (a)(12). Pub. L. 113124,  3(2) Subsec. (a)(13). Pub. L. 113124,  3(3) Subsec. (j). Pub. L. 113124,  6 2004Subsec. (d). Pub. L. 108456,  103 Subsec. (e). Pub. L. 108456,  104 Pub. L. 108456,  102 section 4004 of this title Subsecs. (f) to (i). Pub. L. 108456,  104 Statutory Notes and Related Subsidiaries Short Title of 2022 Amendment Pub. L. 117144,  1 June 16, 2022 136 Stat. 1266 This Act [enacting section 4004a of this title Short Title of 2019 Amendment Pub. L. 115423,  9(a) Jan. 7, 2019 132 Stat. 5462 This section [enacting section 4010 of this title Short Title of 2014 Amendment Pub. L. 113124,  1 June 30, 2014 128 Stat. 1379 This Act [enacting sections 4002, 4003, and 4007 to 4009 of this title and amending this section and sections 4004 and 4005 of this title] may be cited as the Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2014. Short Title of 2004 Amendment Pub. L. 108456, title I,  101 Dec. 10, 2004 118 Stat. 3630 This title [enacting section 4001a of this title section 4005 of this title Short Title Pub. L. 105383, title VI,  601 Nov. 13, 1998 112 Stat. 3447 This title [enacting this chapter] may be cited as the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998. Findings Pub. L. 105383, title VI,  602 Nov. 13, 1998 112 Stat. 3447  The Congress finds that (1) the recent outbreak of the harmful microbe Pfiesteria piscicida in the coastal waters of the United States is one example of potentially harmful algal blooms composed of naturally occurring species that reproduce explosively and that are increasing in frequency and intensity in the Nations coastal waters; (2) other recent occurrences of harmful algal blooms include red tides in the Gulf of Mexico and the Southeast; brown tides in New York and Texas; ciguatera fish poisoning in Hawaii, Florida, Puerto Rico, and the United States Virgin Islands; and shellfish poisonings in the Gulf of Maine, the Pacific Northwest, and the Gulf of Alaska; (3) in certain cases, harmful algal blooms have resulted in fish kills, the deaths of numerous endangered West Indian manatees, beach and shellfish bed closures, threats to public health and safety, and concern among the public about the safety of seafood; (4) according to some scientists, the factors causing or contributing to harmful algal blooms may include excessive nutrients in coastal waters, other forms of pollution, the transfer of harmful species through ship ballast water, and ocean currents; (5) harmful algal blooms may have been responsible for an estimated $1,000,000,000 in economic losses during the past decade; (6) harmful algal blooms and blooms of non-toxic algal species may lead to other damaging marine conditions such as hypoxia (reduced oxygen concentrations), which are harmful or fatal to fish, shellfish, and benthic organisms; (7) according to the National Oceanic and Atmospheric Administration in the Department of Commerce, 53 percent of United States estuaries experience hypoxia for at least part of the year and a 7,000 square mile area in the Gulf of Mexico off Louisiana and Texas suffers from hypoxia; (8) according to some scientists, a factor believed to cause hypoxia is excessive nutrient loading into coastal waters; (9) there is a need to identify more workable and effective actions to reduce nutrient loadings to coastal waters; (10) the National Oceanic and Atmospheric Administration, through its ongoing research, education, grant, and coastal resource management programs, possesses a full range of capabilities necessary to support a near and long-term comprehensive effort to prevent, reduce, and control harmful algal blooms and hypoxia; (11) funding for the research and related programs of the National Oceanic and Atmospheric Administration will aid in improving the Nations understanding and capabilities for addressing the human and environmental costs associated with harmful algal blooms and hypoxia; and (12) other Federal agencies such as the Environmental Protection Agency, the Department of Agriculture, and the National Science Foundation, along with the States, Indian tribes, and local governments, conduct important work related to the prevention, reduction, and control of harmful algal blooms and hypoxia.  4001a. Consultation required  In developing the assessments, reports, and plans under the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998, the Task Force shall consult with the coastal States, Indian tribes, local governments, appropriate industries (including fisheries, agriculture, and fertilizer), academic institutions, and nongovernmental organizations with expertise in coastal zone science and management. ( Pub. L. 108456, title I,  102 Dec. 10, 2004 118 Stat. 3630 Pub. L. 115423,  9(f) Jan. 7, 2019 132 Stat. 5463  Editorial Notes  References in Text The Harmful Algal Bloom and Hypoxia Research and Control Act of 1998, referred to in text, is title VI of Pub. L. 105383 Nov. 13, 1998 112 Stat. 3447 section 4001 of this title Codification Section is comprised of part of section 102 of Pub. L. 108456 section 4001 of this title Section was enacted as part of the Harmful Algal Bloom and Hypoxia Amendments Act of 2004, and not as part of the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 which comprises this chapter. Section was formerly set out as a note under section 1451 of Title 16 Amendments 2019 Pub. L. 115423  4002. National harmful algal bloom and hypoxia program (a) Establishment Not later than 1 year after June 30, 2014 (1) a statement of objectives, including understanding, detecting, predicting, controlling, mitigating, and responding to marine and freshwater harmful algal bloom and hypoxia events; and (2) the comprehensive research plan and action strategy under section 4003 of this title (b) Periodic revision The Task Force shall periodically review and revise the Program, as necessary. (c) Task Force functions The Task Force shall (1) coordinate interagency review of the objectives and activities of the Program; (2) expedite the interagency review process by ensuring timely review and dispersal of required reports and assessments under this chapter; (3) support the implementation of the Action Strategy, including the coordination and integration of the research of all Federal programs, including ocean and Great Lakes science and management programs and centers, that address the chemical, biological, and physical components of marine and freshwater harmful algal blooms and hypoxia; (4) support the development of institutional mechanisms and financial instruments to further the objectives and activities of the Program; (5) review the Programs distribution of Federal funding to address the objectives and activities of the Program; (6) promote the development of new technologies for predicting, monitoring, and mitigating harmful algal bloom and hypoxia conditions; and (7) establish such interagency working groups as it considers necessary. (d) Lead Federal agency Except as provided in subsection (h), the National Oceanic and Atmospheric Administration shall have primary responsibility for administering the Program. (e) Program duties In administering the Program, the Under Secretary shall (1) promote the Program, including to local and regional stakeholders through the establishment and maintenance of a publicly accessible Internet website that provides information as to Program activities completed under this section; (2) prepare work and spending plans for implementing the research and activities identified under the Action Strategy; (3) administer peer-reviewed, merit-based, competitive grant funding (A) to maintain and enhance baseline monitoring programs established by the Program; (B) to support the projects maintained and established by the Program; (C) to address the research and management needs and priorities identified in the Action Strategy; and (D) to accelerate the utilization of effective methods of intervention and mitigation to reduce the frequency, severity, and impacts of harmful algal bloom and hypoxia events; (4) coordinate with, and work cooperatively to provide technical assistance to, regional, State, tribal, and local government agencies and programs that address marine and freshwater harmful algal blooms and hypoxia; (5) coordinate with the Secretary of State to support international efforts on marine and freshwater harmful algal bloom and hypoxia information sharing, research, prediction, mitigation, control, and response activities; (6) identify additional research, development, and demonstration needs and priorities relating to monitoring, prevention, control, mitigation, and response to marine and freshwater harmful algal blooms and hypoxia, including methods and technologies to protect the ecosystems affected by marine and freshwater harmful algal blooms and hypoxia; (7) integrate, coordinate, and augment existing education and extension programs to improve public understanding and awareness of the causes, impacts, intervention, and mitigation efforts for marine and freshwater harmful algal blooms and hypoxia; (8) facilitate and provide resources to train State and local coastal and water resource managers in the methods and technologies for monitoring, preventing, controlling, and mitigating marine and freshwater harmful algal blooms and hypoxia; (9) support regional efforts to control and mitigate outbreaks through (A) communication of the contents of the Action Strategy and maintenance of online data portals for other information about harmful algal blooms and hypoxia to State, tribal, and local stakeholders; and (B) overseeing the development, review, and periodic updating of the Action Strategy; (10) convene at least 1 meeting of the Task Force each year; and (11) perform such other tasks as may be delegated by the Task Force. (f) National Oceanic and Atmospheric Administration activities The Under Secretary shall (1) maintain and enhance the existing competitive programs at the National Oceanic and Atmospheric Administration relating to harmful algal blooms and hypoxia; (2) carry out marine and Great Lakes harmful algal bloom and hypoxia events response activities; (3) develop and enhance, including with respect to infrastructure, which shall include unmanned systems, as necessary, critical observations, monitoring, modeling, data management, information dissemination, and operational forecasts relevant to harmful algal blooms and hypoxia events; (4) enhance communication and coordination among Federal agencies carrying out marine and freshwater harmful algal bloom and hypoxia activities and research; (5) to the greatest extent practicable, leverage existing resources and expertise available from local research universities and institutions; (6) increase the availability to appropriate public and private entities of (A) analytical facilities and technologies; (B) operational forecasts; and (C) reference and research materials; (7) use cost effective methods in carrying out this Act; and (8) develop contingency plans for the long-term monitoring of hypoxia. (g) Cooperative efforts The Under Secretary shall work cooperatively and avoid duplication of effort with other offices, centers, and programs within the National Oceanic and Atmospheric Administration, other agencies on the Task Force, and States, tribes, and nongovernmental organizations concerned with marine and freshwater issues to coordinate harmful algal bloom and hypoxia (and related) activities and research. (h) Freshwater With respect to the freshwater aspects of the Program, the Administrator, through the Task Force, shall carry out the duties otherwise assigned to the Under Secretary under this section, except the activities described in subsection (f). (1) Participation The Administrators participation under this section shall include (A) research on the ecology and impacts of freshwater harmful algal blooms; and (B) forecasting and monitoring of and event response to freshwater harmful algal blooms in lakes, rivers, estuaries (including their tributaries), and reservoirs. (2) Nonduplication The Administrator shall ensure that activities carried out under this chapter focus on new approaches to addressing freshwater harmful algal blooms and are not duplicative of existing research and development programs authorized by this chapter or any other law. (i) Integrated Coastal and Ocean Observation System The collection of monitoring and observation data under this chapter shall comply with all data standards and protocols developed pursuant to the Integrated Coastal and Ocean Observation System Act of 2009 ( 33 U.S.C. 3601 ( Pub. L. 105383, title VI,  603A Pub. L. 113124,  4 June 30, 2014 128 Stat. 1379 Pub. L. 115423,  9(e) Jan. 7, 2019 132 Stat. 5462  Editorial Notes  References in Text The Integrated Coastal and Ocean Observation System Act of 2009, referred to in subsec. (i), is subtitle C ( 12301 et seq.) of title XII of Pub. L. 11111 Mar. 30, 2009 123 Stat. 1427 section 3601 of this title Amendments 2019Subsec. (e)(1). Pub. L. 115423,  9(e)(1)(A) Subsec. (e)(3)(D). Pub. L. 115423,  9(e)(1)(B) Subsec. (e)(4). Pub. L. 115423,  9(e)(1)(C) Subsec. (e)(7). Pub. L. 115423,  9(e)(1)(D) Subsec. (f)(3). Pub. L. 115423,  9(e)(2)(A) Subsec. (f)(7), (8). Pub. L. 115423,  9(e)(2)(B)  4003. Comprehensive research plan and action strategy (a) In general Not later than 1 year after June 30, 2014 (1) the specific activities to be carried out by the Program and the timeline for carrying out those activities; (2) the roles and responsibilities of each Federal agency in the Task Force in carrying out the activities under paragraph (1); and (3) the appropriate regions and subregions requiring specific research and activities to address harmful algal blooms and hypoxia. (b) Regional focus The regional and subregional parts of the Action Strategy shall identify (1) regional priorities for ecological, economic, and social research on issues related to the impacts of harmful algal blooms and hypoxia; (2) research, development, and demonstration activities needed to develop and advance technologies and techniques for minimizing the occurrence of harmful algal blooms and hypoxia and improving capabilities to detect, predict, monitor, control, mitigate, respond to, and remediate harmful algal blooms and hypoxia; (3) ways to reduce the duration and intensity of harmful algal blooms and hypoxia, including deployment of response technologies in a timely manner; (4) research and methods to address human health dimensions of harmful algal blooms and hypoxia; (5) mechanisms, including the potential costs and benefits of those mechanisms, to protect ecosystems that may be or have been affected by harmful algal bloom and hypoxia events; (6) mechanisms by which data, information, and products may be transferred between the Program and the State, tribal, and local governments and research entities; (7) communication and information dissemination methods that State, tribal, and local governments may undertake to educate and inform the public concerning harmful algal blooms and hypoxia; and (8) roles that Federal agencies may have to assist in the implementation of the Action Strategy, including efforts to support local and regional scientific assessments under section 4001(e) of this title (c) Utilizing available studies and information In developing the Action Strategy, the Under Secretary shall utilize existing research, assessments, reports, and program activities, including (1) those carried out under existing law; and (2) other relevant peer-reviewed and published sources. (d) Development of the Action Strategy In developing the Action Strategy, the Under Secretary shall, as appropriate (1) coordinate with (A) State coastal management and planning officials; (B) tribal resource management officials; and (C) water management and watershed officials from both coastal States and noncoastal States with water sources that drain into water bodies affected by harmful algal blooms and hypoxia; and (2) consult with (A) public health officials; (B) emergency management officials; (C) science and technology development institutions; (D) economists; (E) industries and businesses affected by marine and freshwater harmful algal blooms and hypoxia; (F) scientists with expertise concerning harmful algal blooms or hypoxia from academic or research institutions; and (G) other stakeholders. (e) Federal Register The Under Secretary shall publish the Action Strategy in the Federal Register. (f) Periodic revision The Under Secretary, in coordination and consultation with the individuals and entities under subsection (d), shall periodically review and revise the Action Strategy prepared under this section, as necessary. ( Pub. L. 105383, title VI,  603B Pub. L. 113124,  5 June 30, 2014 128 Stat. 1382  4004. Northern Gulf of Mexico hypoxia (a) Initial progress reports Beginning not later than 12 months after June 30, 2014 (b) Contents Each report required under this section shall (1) assess the progress made toward nutrient load reductions, the response of the hypoxic zone and water quality throughout the Mississippi/Atchafalaya River Basin, and the economic and social effects; (2) evaluate lessons learned; and (3) recommend appropriate actions to continue to implement or, if necessary, revise the strategy set forth in the Gulf Hypoxia Action Plan 2008. ( Pub. L. 105383, title VI,  604 Nov. 13, 1998 112 Stat. 3449 Pub. L. 113124,  7 June 30, 2014 128 Stat. 1384  Editorial Notes Codification Section was formerly set out in a note under section 1451 of Title 16 Amendments 2014 Pub. L. 113124  4004a. South Florida harmful algal blooms and hypoxia (a) South Florida In this section, the term South Florida means (1) all lands and waters within the administrative boundaries of the South Florida Water Management District; (2) regional coastal waters, including Biscayne Bay, the Caloosahatchee Estuary, Florida Bay, Indian River Lagoon, and St. Lucie River Estuary; and (3) the Florida Reef Tract. (b) Integrated assessment (1) Interim integrated assessment Not later than 540 days after June 16, 2022 section 4001 of this title (2) Finalized integrated assessment Not later than 3 years after June 16, 2022 (3) Contents of integrated assessment The integrated assessment required by paragraphs (1) and (2) shall examine the causes, consequences, and potential approaches to reduce harmful algal blooms and hypoxia in South Florida, and the status of, and gaps within, current harmful algal bloom and hypoxia research, monitoring, management, prevention, response, and control activities that directly affect the region by (A) Federal agencies; (B) State agencies; (C) regional research consortia; (D) academia; (E) private industry; (F) nongovernmental organizations; and (G) Indian tribes (as defined in section 5304 of title 25 (c) Action plan (1) In general Not later than 3 years and 180 days after June 16, 2022 (2) Contents The plan submitted under paragraph (1) shall (A) address the monitoring needs identified in the integrated assessment under subsection (b); (B) develop a timeline and budgetary requirements for deployment of future assets; (C) identify requirements for the development and verification of South Florida harmful algal bloom and hypoxia models, including (i) all assumptions built into the models; and (ii) data quality methods used to ensure the best available data are utilized; and (D) propose a plan to implement a remote monitoring network and early warning system for alerting local communities in the region to harmful algal bloom risks that may impact human health. (3) Requirements In developing the action plan, the Task Force shall (A) consult with the State of Florida, and affected local and tribal governments; (B) consult with representatives from regional academic, agricultural, industry, and other stakeholder groups; (C) ensure that the plan complements and does not duplicate activities conducted by other Federal or State agencies, including the South Florida Ecosystem Restoration Task Force; (D) identify critical research for reducing, mitigating, and controlling harmful algal bloom events and their effects; (E) evaluate cost-effective, incentive-based partnership approaches; (F) ensure that the plan is technically sound and cost-effective; (G) utilize existing research, assessments, reports, and program activities; (H) publish a summary of the proposed plan in the Federal Register at least 180 days prior to submitting the completed plan to Congress; and (I) after submitting the completed plan to Congress, provide biennial progress reports on the activities toward achieving the objectives of the plan. ( Pub. L. 105383, title VI,  605 Pub. L. 117144,  2(a)(2) June 16, 2022 136 Stat. 1266  Editorial Notes Prior Provisions A prior section 605 of Pub. L. 105383 section 4005 of this title  4005. Great Lakes hypoxia and harmful algal blooms (a) Integrated assessment Not later than 18 months after June 30, 2014 section 4001 of this title (1) Federal agencies; (2) State agencies; (3) regional research consortia; (4) academia; (5) private industry; and (6) nongovernmental organizations. (b) Plan (1) In general Not later than 2 years after June 30, 2014 (2) Contents The plan shall (A) address the monitoring needs identified in the integrated assessment under subsection (a); (B) develop a timeline and budgetary requirements for deployment of future assets; (C) identify requirements for the development and verification of Great Lakes hypoxia and harmful algal bloom models, including (i) all assumptions built into the models; and (ii) data quality methods used to ensure the best available data are utilized; and (D) describe efforts to improve the assessment of the impacts of hypoxia and harmful algal blooms by (i) characterizing current and past biological conditions in ecosystems affected by hypoxia and harmful algal blooms; and (ii) quantifying effects, including economic effects, at the population and community levels. (3) Requirements In developing the plan, the Task Force shall (A) coordinate with State and local governments; (B) consult with representatives from academic, agricultural, industry, and other stakeholder groups, including relevant Canadian agencies; (C) ensure that the plan complements and does not duplicate activities conducted by other Federal or State agencies; (D) identify critical research for reducing, mitigating, and controlling hypoxia events and their effects; (E) evaluate cost-effective, incentive-based partnership approaches; (F) ensure that the plan is technically sound and cost effective; (G) utilize existing research, assessments, reports, and program activities; (H) publish a summary of the proposed plan in the Federal Register at least 180 days prior to submitting the completed plan to Congress; and (I) after submitting the completed plan to Congress, provide biennial progress reports on the activities toward achieving the objectives of the plan. ( Pub. L. 105383, title VI,  606 Nov. 13, 1998 112 Stat. 3449 Pub. L. 108456, title I,  105 Dec. 10, 2004 118 Stat. 3633 Pub. L. 110161, div. B, title V,  528 Dec. 26, 2007 121 Stat. 1930 Pub. L. 113124,  8 June 30, 2014 128 Stat. 1384 Pub. L. 117144,  2(a)(1) June 16, 2022 136 Stat. 1266  Editorial Notes Codification Section was formerly set out in a note under section 1451 of Title 16 Prior Provisions A prior section 606 of Pub. L. 105383 section 4006 of this title Amendments 2014 Pub. L. 113124 2007 Pub. L. 110161,  528(1) Pars. (1) to (4). Pub. L. 110161,  528(2) Par. (5). Pub. L. 110161,  528(3) Par. (6). Pub. L. 110161,  528(2) 2004 Pub. L. 108456,  105(1) Par. (1). Pub. L. 108456,  105(1) Par. (2). Pub. L. 108456,  105(1) Par. (3). Pub. L. 108456,  105(1) Par. (4). Pub. L. 108456,  105(7) Par. (5). Pub. L. 108456,  105(1) Par. (6). Pub. L. 108456,  105(8)  4006. Protection of States rights (a) Nothing in this chapter shall be interpreted to adversely affect existing State regulatory or enforcement power which has been granted to any State through the Clean Water Act [ 33 U.S.C. 1251 16 U.S.C. 1451 (b) Nothing in this chapter shall be interpreted to expand the regulatory or enforcement power of the Federal Government which has been delegated to any State through the Clean Water Act or Coastal Zone Management Act of 1972. ( Pub. L. 105383, title VI,  607 Nov. 13, 1998 112 Stat. 3450 Pub. L. 117144,  2(a)(1) June 16, 2022 136 Stat. 1266  Editorial Notes  References in Text The Clean Water Act, referred to in text, is act June 30, 1948, ch. 758 Pub. L. 92500,  2 Oct. 18, 1972 86 Stat. 816 section 1251 of this title The Coastal Zone Management Act of 1972, referred to in text, is title III of Pub. L. 89454 Pub. L. 92583 Oct. 27, 1972 86 Stat. 1280 section 1451 of Title 16 Codification Section was formerly set out in a note under section 1451 of Title 16 Prior Provisions A prior section 607 of Pub. L. 105383 section 4007 of this title  4007. Effect on other Federal authority (a) Authority preserved Nothing in this chapter supersedes or limits the authority of any agency to carry out its responsibilities and missions under other laws. (b) Regulatory authority Nothing in this chapter may be construed as establishing new regulatory authority for any agency. ( Pub. L. 105383, title VI,  608 Pub. L. 113124,  9 June 30, 2014 128 Stat. 1385 Pub. L. 117144,  2(a)(1) June 16, 2022 136 Stat. 1266  Editorial Notes Prior Provisions A prior section 608 of Pub. L. 105383 section 4008 of this title  4008. Definitions In this chapter: (1) Action Strategy The term Action Strategy means the comprehensive research plan and action strategy established under section 4003 of this title (2) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (3) Harmful algal bloom The term harmful algal bloom means marine and freshwater phytoplankton that proliferate to high concentrations, resulting in nuisance conditions or harmful impacts on marine and aquatic ecosystems, coastal communities, and human health through the production of toxic compounds or other biological, chemical, and physical impacts of the algae outbreak. (4) Hypoxia The term hypoxia means a condition where low dissolved oxygen in aquatic systems causes stress or death to resident organisms. (5) Program The term Program means the national harmful algal bloom and hypoxia program established under section 4002 of this title (6) 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, any other territory or possession of the United States, and any Indian tribe. (7) Task Force The term Task Force means the Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia under section 4001(a) of this title (8) Under Secretary The term Under Secretary means the Under Secretary of Commerce for Oceans and Atmosphere. (9) United States coastal waters The term United States coastal waters includes the Great Lakes. ( Pub. L. 105383, title VI,  609 Pub. L. 113124,  10(a) June 30, 2014 128 Stat. 1385 Pub. L. 117144,  2(a)(1) June 16, 2022 136 Stat. 1266  Editorial Notes Prior Provisions A prior section 609 of Pub. L. 105383 section 4009 of this title  4009. Authorization of appropriations (a) In general There is authorized to be appropriated to the Under Secretary to carry out sections 4002 and 4003 of this title $20,500,000 for each of fiscal years 2014 through 2018, and $20,500,000 for each of fiscal years 2019 through 2023. (b) Extramural research activities The Under Secretary shall ensure that a substantial portion of funds appropriated pursuant to subsection (a) that are used for research purposes are allocated to extramural research activities. For each fiscal year, the Under Secretary shall publish a list of all grant recipients and the amounts for all of the funds allocated for research purposes, specifying those allocated for extramural research activities. ( Pub. L. 105383, title VI,  610 Pub. L. 113124,  11 June 30, 2014 128 Stat. 1386 Pub. L. 115423,  9(h) Jan. 7, 2019 132 Stat. 5464 Pub. L. 117144,  2(a)(1) June 16, 2022 136 Stat. 1266  Editorial Notes Amendments 2019Subsec. (a). Pub. L. 115423  4010. Hypoxia or harmful algal bloom of national significance (1) Relief (A) In general Upon a determination under paragraph (2) that there is an event of national significance, the appropriate Federal official is authorized to make sums available to the affected State or local government for the purposes of assessing and mitigating the detrimental environmental, economic, subsistence use, and public health effects of the event of national significance. (B) Federal share The Federal share of the cost of any activity carried out under this paragraph for the purposes described in subparagraph (A) may not exceed 50 percent of the cost of that activity. (C) Donations Notwithstanding any other provision of law, an appropriate Federal official may accept donations of funds, services, facilities, materials, or equipment that the appropriate Federal official considers necessary for the purposes described in subparagraph (A). Any funds donated to an appropriate Federal official under this paragraph may be expended without further appropriation and without fiscal year limitation. (2) Determinations (A) In general At the discretion of an appropriate Federal official, or at the request of the Governor of an affected State, an appropriate Federal official shall determine whether a hypoxia or harmful algal bloom event is an event of national significance. (B) Considerations In making a determination under subparagraph (A), the appropriate Federal official shall consider the toxicity of the harmful algal bloom, the severity of the hypoxia, its potential to spread, the economic impact, the relative size in relation to the past 5 occurrences of harmful algal blooms or hypoxia events that occur on a recurrent or annual basis, and the geographic scope, including the potential to affect several municipalities, to affect more than 1 State, or to cross an international boundary. (3) Definitions In this subsection: (A) Appropriate federal official The term appropriate Federal official means (i) in the case of a marine or coastal hypoxia or harmful algal bloom event, the Under Secretary of Commerce for Oceans and Atmosphere; and (ii) in the case of a freshwater hypoxia or harmful algal bloom event, the Administrator of the Environmental Protection Agency. (B) Event of national significance The term event of national significance means a hypoxia or harmful algal bloom event that has had or will likely have a significant detrimental environmental, economic, subsistence use, or public health impact on an affected State. (C) Hypoxia or harmful algal bloom event The term hypoxia or harmful algal bloom event means the occurrence of hypoxia or a harmful algal bloom as a result of a natural, anthropogenic, or undetermined cause. ( Pub. L. 115423,  9(g) Jan. 7, 2019 132 Stat. 5463  Editorial Notes Codification This section was enacted as part of the Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2017 and also as part of the National Integrated Drought Information System Reauthorization Act of 2018, and not as part of the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 which comprises this chapter. CHAPTER 54 COMMERCIAL ENGAGEMENT THROUGH OCEAN TECHNOLOGY    Sec.  4101. Definitions.  4102. Coordination regarding assessment and acquisition by National Oceanic and Atmospheric Administration of unmanned maritime systems.  4103. Regular assessment of unmanned maritime systems to support National Oceanic and Atmospheric Administration missions.  4104. Acquisition of unmanned maritime systems.  4105. Reports on unmanned maritime systems and usage for mission of the National Oceanic and Atmospheric Administration.  4106. Funding and additional authorities.  4101. Definitions In this chapter: (1) Administration The term Administration means the National Oceanic and Atmospheric Administration. (2) Administrator The term Administrator means the Under Secretary of Commerce for Oceans and Atmosphere and Administrator of the National Oceanic and Atmospheric Administration. (3) Cooperative activities of the Administration The terms 1 1 (4) Data specifications The term data specifications shall refer to the type, resolution, periodicity, and quality of data required by an program of the Administration. (5) Test or training range (A) In general The term test or training range means an area designated for operating unmanned maritime systems and other types of systems for the purpose of (i) evaluating the performance of such systems; or (ii) training personnel on operating procedures for such systems. (B) Inclusions The term test or training range may include specialized fixed or portable instrumentation for the operation of unmanned maritime systems and other types of systems. (6) Unmanned maritime systems (A) In general The term unmanned maritime systems means remotely operated or autonomous vehicles produced by the commercial sector (i) designed to function without an on-board human presence; and (ii) that may include associated components such as control and communications, instrumentation, data transmission, and processing systems. (B) Examples The term unmanned maritime systems includes the following: (i) Unmanned undersea vehicles. (ii) Unmanned surface vehicles. (iii) Autonomous underwater vehicles. (iv) Autonomous surface vehicles. (C) Treatment of aerial vehicles The term unmanned maritime systems includes unmanned aerial vehicles and autonomous aerial vehicles that are used to address maritime issues to the extent the Administrator determines it is necessary and appropriate to achieve the purposes of this chapter. ( Pub. L. 115394,  2 Dec. 21, 2018 132 Stat. 5281  Statutory Notes and Related Subsidiaries Short Title Pub. L. 115394,  1(a) Dec. 21, 2018 132 Stat. 5281 This Act [enacting this chapter] may be cited as the Commercial Engagement Through Ocean Technology Act of 2018 or the CENOTE Act of 2018.  4102. Coordination regarding assessment and acquisition by National Oceanic and Atmospheric Administration of unmanned maritime systems (a) Establishment The Administrator shall direct the Office of Oceanic and Atmospheric Research (in this chapter referred to as OAR) and the Office of Marine and Aviation Operations (in this chapter referred to as OMAO) (1) to coordinate the Administrations research, assessment, and acquisition of unmanned maritime systems; and (2) to consider the use of unmanned maritime systems in cooperative activities of the Administration. (b) Coordination within the Administration (1) Unmanned Systems Executive Oversight Board In meeting the requirements described in subsection (a), the Administrator shall (A) utilize the Unmanned Systems Executive Oversight Board (in this chapter referred to as the USEOB) as the coordinating mechanism; and (B) ensure that OAR and OMAO address requirements throughout the Administration. (2) Included In utilizing the USEOB under paragraph (1), the Administrator shall ensure that representation on the USEOB is included from the following: (A) The Office of Ocean Exploration (OER). (B) The program office of the Integrated Ocean Observing System. (C) Such other offices of the Administration as the Administrator determines are actively engaged with unmanned maritime systems. (c) Coordination with the Navy (1) In general In carrying out this chapter, the Administrator shall (A) make efforts to coordinate with the Secretary of the Navy to leverage expertise in the development and operational transition of unmanned maritime systems; (B) align with, utilize, and inform the Deputy Under Secretary of Commerce for Operations and the Oceanographer of the Navys strategic and operational priorities, particularly for missions and geography within the Administrations purview; (C) seek to utilize Naval unmanned systems test or training ranges, such as the Gulf of Mexico Unmanned Systems Test and Training Range of the Naval Meteorology and Oceanography Command, and maximize interagency cooperation and sharing of best practices; and (D) to formalize coordination, execute a memorandum of understanding with the Secretary of the Navy that includes (i) incorporating consideration of priorities and requirements of the Administration into research and development activities conducted by the Secretary of the Navy; (ii) consultation intended to encourage and facilitate efforts by the Administration to partner with the Navy to procure unmanned maritime systems and to establish, instrument, and operate test or training ranges and related facilities; (iii) adopting procedures defined by the Secretary of the Navy for the Administration to access and utilize test or training ranges or related Naval facilities for purposes identified in paragraph (2)(B); and (iv) such other topics as the Administrator considers necessary or advisable, including mapping, bathymetry, observations, and ocean exploration. (2) Location The Administrator shall, if practicable, carry out the activities authorized by this chapter at a facility where the Navy and the Administration are co-located, for the following purposes: (A) Gaining efficiencies through collaboration. (B) Advancing development of unmanned maritime systems, including (i) systems research and development; (ii) systems testing; (iii) systems modifications; and (iv) systems integration. (C) Accelerating transition from concept to manufacturing and acquisition. (d) Coordination with other Federal agencies In carrying out this chapter, the Administrator and the Secretary of the Navy may utilize the National Oceanographic Partnership Program, established under chapter 665 of title 10, as a mechanism for providing interagency coordination for the advancement of unmanned maritime systems. (e) Coordination with academic sector In carrying out this chapter, the Administrator, in consultation with the Secretary of the Navy, may coordinate and co-locate with an academic research institution, or consortium of academic research institutions, for the following purposes: (1) Maximizing opportunities for research and development of unmanned maritime systems. (2) Providing training in unmanned maritime systems as part of an accredited certificate or degree program of education. (3) Facilitating the commercialization of unmanned maritime systems through public-private partnerships that includes academic research institutions, private industry, and public safety agencies. (4) Arranging access to and use of additional facilities that support testing and assessment of or training with respect to unmanned maritime systems under environmental conditions of interest, increasing operational tolerance under such conditions, certifying operational capacity under such conditions, whether real or simulated, and training operators of unmanned maritime systems in real or simulated environments. (5) Facilitating engagement with other academic institutions with interest or relevant expertise in unmanned maritime systems. (6) Promoting information sharing between the academic, environmental, and military institutions to lead to more robust, mission-oriented unmanned maritime systems. (f) Engagement with the private sector Other than as described in subsection (e), the Administrator, in consultation with the Secretary of the Navy, may, in carrying out this chapter, to the extent practicable, coordinate and consult with the private sector (1) to support the commercialization of unmanned maritime systems; and (2) to assist with their assessment of commercially available unmanned maritime systems to support the missions and goals of the Navy, the Administration, and cooperative activities of the Administration. ( Pub. L. 115394,  3 Dec. 21, 2018 132 Stat. 5282  4103. Regular assessment of unmanned maritime systems to support National Oceanic and Atmospheric Administration missions (a) In general The Administrator, acting through the Assistant Administrator for Oceanic and Atmospheric Research and the Director of the Office of Marine and Aviation Operations and the National Oceanic and Atmospheric Administration Commissioned Officer Corps, shall regularly assess publicly and commercially available unmanned maritime systems for potential use to support missions of the Administration. (b) Science-based assessments The Administrator shall carry out subsection (a) through the Assistant Administrator for all matters relating to assessment of the suitability, feasibility, and cost-effectiveness of unmanned maritime systems to meet data specifications required by programs of the Administration. (c) Assessment of operational utility The Administrator shall carry out subsection (a) through the Director for all matters relating to assessment of whether unmanned maritime systems are operationally reliable, feasible, and cost effective enough to make observations required by programs of the Administration. (d) Engagement The Assistant Administrator and the Director shall jointly (1) convene and consult the Unmanned Maritime Systems Ocean Technology Coordinating Committee established under section 4102(b) of this title (2) consult with the heads of other offices of the Administration, the academic sector, and developers and manufacturers of unmanned maritime systems to conduct the assessments under subsection (a). ( Pub. L. 115394,  4 Dec. 21, 2018 132 Stat. 5284  4104. Acquisition of unmanned maritime systems (a) In general The Administrator shall coordinate and centralize the acquisition by the Administration of unmanned maritime systems to meet the prioritized list of data requirements identified by OAR and OMAO in carrying out this chapter in their regular assessments and approved by the USEOB. (b) Memoranda of understanding In order to realize greater savings and efficiency, the Administrator may develop and execute a memorandum of agreement with the Secretary of the Navy to (1) participate in procurements conducted by the signatories to the memorandum of understanding; (2) accept decommissioned unmanned maritime systems from the Navy; (3) develop policies and procedures to share unmanned maritime systems; or (4) provide for other means of creating efficiency and savings in Federal acquisition of unmanned maritime systems. (c) Rule of construction Nothing in this chapter shall be construed to modify Federal procurement law. ( Pub. L. 115394,  5 Dec. 21, 2018 132 Stat. 5285  4105. Reports on unmanned maritime systems and usage for mission of the National Oceanic and Atmospheric Administration (a) In general In carrying out this chapter, the Administrator shall, not later than one year after December 21, 2018 (b) Contents Each report submitted under subsection (a) shall include, for the period covered by the report, the following: (1) An inventory of current unmanned maritime systems used by programs of the Administration, a summary of the data they have returned, and the benefits realized from having such data. (2) A prioritized list of data requirements of the Administration that could be met with unmanned maritime systems, and the commercially available unmanned maritime systems with the operational capabilities to collect such data. (c) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress means (1) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Commerce, Science, and Transportation of the Senate; and (2) the Committee on Appropriations, the Committee on Armed Services, the Committee on Natural Resources, and the Committee on Science, Space, and Technology of the House of Representatives. ( Pub. L. 115394,  6 Dec. 21, 2018 132 Stat. 5285  4106. Funding and additional authorities (a) Funding The Administrator shall carry out this chapter using existing amounts appropriated or otherwise made available to the Administration. (b) Additional authorities In carrying out this chapter, the Administrator may (1) enter into contracts, cooperative agreements, and other transactions with any domestic or foreign government; (2) notwithstanding section 1342 of title 31 (3) accept funds from other Federal departments and agencies; (4) utilize the National Oceanographic Partnership Program established under chapter 665 of title 10 to accept funds from other Federal departments and agencies, to accept donations, and to enter into contracts and award grants; (5) under an agreement entered into under paragraph (1), transfer funds appropriated to carry our this chapter to any organization; and (6) use, with their consent, with or without reimbursement, and subject to the availability of appropriations, the land, services, equipment, personnel, and facilities of (A) any department, agency, or instrumentality of the United States; (B) any State or local government or tribal government; or (C) any foreign government or international organization. ( Pub. L. 115394,  7 Dec. 21, 2018 132 Stat. 5286 CHAPTER 55 SAVE OUR SEAS 2.0    Sec.  4201. Definitions.  SUBCHAPTER ICOMBATING MARINE DEBRIS  Part AMarine Debris Foundation  4211. Establishment and purposes of Foundation.  4212. Board of Directors of the Foundation.  4213. Rights and obligations of the Foundation.  4214. Administrative services and support.  4215. Volunteer status.  4216. Report requirements; petition of Attorney General for equitable relief.  4217. United States release from liability.  4218. Authorization of appropriations.  4219. Termination of authority.  Part BGenius Prize for Save Our Seas Innovations  4231. Definitions.  4232. Genius Prize for Save Our Seas Innovations.  4233. Agreement with the Marine Debris Foundation.  4234. Judges.  4235. Report to Congress.  4236. Authorization of appropriations.  4237. Termination of authority.  Part CPilot Projects  4251. Incentive for fishermen to collect and dispose of plastic found at sea.  SUBCHAPTER IIENHANCED GLOBAL ENGAGEMENT TO COMBAT MARINE DEBRIS  4261. Statement of policy on international cooperation to combat marine debris.  4262. Prioritization of efforts and assistance to combat marine debris and improve plastic waste management.  4263. United States leadership in international FORA.  4264. Enhancing international outreach and partnership of United States agencies involved in marine debris activities.  4265. Consideration of marine debris in negotiating international agreements.  SUBCHAPTER IIIIMPROVING DOMESTIC INFRASTRUCTURE TO PREVENT MARINE DEBRIS  4281. Strategy for improving post-consumer materials management and water management.  4282. Grant programs.  4201. Definitions In this chapter: (1) Circular economy The term circular economy means an economy that uses a systems-focused approach and involves industrial processes and economic activities that (A) are restorative or regenerative by design; (B) enable resources used in such processes and activities to maintain their highest values for as long as possible; and (C) aim for the elimination of waste through the superior design of materials, products, and systems (including business models). (2) EPA Administrator The term EPA Administrator means the Administrator of the Environmental Protection Agency. (3) Indian Tribe The term Indian Tribe has the meaning given the term Indian tribe in section 5304 of title 25 (4) Interagency Marine Debris Coordinating Committee The term Interagency Marine Debris Coordinating Committee means the Interagency Marine Debris Coordinating Committee established under section 1954 of this title (5) Marine debris The term marine debris has the meaning given that term in section 1956 of this title (6) Marine debris event The term marine debris event means an event or related events that affects or may imminently affect the United States involving (A) marine debris caused by a natural event, including a tsunami, flood, landslide, hurricane, or other natural source; (B) distinct, nonrecurring marine debris, including derelict vessel groundings and container spills, that have immediate or long-term impacts on habitats with high ecological, economic, or human-use values; or (C) marine debris caused by an intentional or grossly negligent act or acts that causes substantial economic or environmental harm. (7) Non-Federal funds The term non-Federal funds means funds provided by (A) a State; (B) an Indian Tribe; (C) a territory of the United States; (D) one or more units of local governments or Tribal organizations (as defined in section 5304 of title 25 (E) a foreign government; (F) a private for-profit entity; (G) a nonprofit organization; or (H) a private individual. (8) Nonprofit organization The term nonprofit organization means an organization that is described in section 501(c) of title 26 (9) Post-consumer materials management The term post-consumer materials management means the systems, operation, supervision, and long-term management of processes and equipment used for post-use material (including packaging, goods, products, and other materials), including (A) collection; (B) transport; (C) safe disposal of waste that cannot be recovered, reused, recycled, repaired, or refurbished; and (D) systems and processes related to post-use materials that can be recovered, reused, recycled, repaired, or refurbished. (10) State The term State means (A) a State; (B) an Indian Tribe; (C) the District of Columbia; (D) a territory or possession of the United States; or (E) any political subdivision of an entity described in subparagraphs (A) through (D). (11) Under Secretary The term Under Secretary means the Under Secretary of Commerce for Oceans and Atmosphere and Administrator of the National Oceanic and Atmospheric Administration. ( Pub. L. 116224,  2 Dec. 18, 2020 134 Stat. 1073  Editorial Notes  References in Text This chapter, referred to in text, was in the original this Act, meaning Pub. L. 116224 Dec. 18, 2020 134 Stat. 1072 Statutory Notes and Related Subsidiaries Short Title Pub. L. 116224,  1(a) Dec. 18, 2020 134 Stat. 1072 This Act [enacting this chapter and section 1959 of this title SUBCHAPTER I COMBATING MARINE DEBRIS Part A Marine Debris Foundation  4211. Establishment and purposes of Foundation (a) Establishment There is established the Marine Debris Foundation (in this subchapter referred to as the Foundation). The Foundation is a charitable and nonprofit organization and is not an agency or establishment of the United States. (b) Purposes The purposes of the Foundation are (1) to encourage, accept, and administer private gifts of property for the benefit of, or in connection with, the activities and services of the National Oceanic and Atmospheric Administration under the Marine Debris Program established under section 1952 of this title (2) to undertake and conduct such other activities as will augment efforts of the National Oceanic and Atmospheric Administration to assess, prevent, reduce, and remove marine debris and address the adverse impacts of marine debris on the economy of the United States, the marine environment, and navigation safety; (3) to participate with, and otherwise assist, State, local, and Tribal governments, foreign governments, entities, and individuals in undertaking and conducting activities to assess, prevent, reduce, and remove marine debris and address the adverse impacts of marine debris and its root causes on the economy of the United States, the marine environment (including waters in the jurisdiction of the United States, the high seas, and waters in the jurisdiction of other countries), and navigation safety; (4) subject to an agreement with the Secretary of Commerce, administer the Genius Prize for Save Our Seas Innovation as described in title II; 1 1 (5) to support other Federal actions to reduce marine debris. ( Pub. L. 116224, title I,  111 Dec. 18, 2020 134 Stat. 1075  Editorial Notes  References in Text This subchapter, referred to in subsec. (a), was in the original this title, meaning title I of Pub. L. 116224 Dec. 18, 2020 134 Stat. 1074 Title II, referred to in subsec. (b)(4), means title II of Pub. L. 116224 Pub. L. 116224  4212. Board of Directors of the Foundation (a) Establishment and membership (1) In general The Foundation shall have a governing Board of Directors (in this subchapter referred to as the Board), which shall consist of the Under Secretary and 12 additional Directors appointed in accordance with subsection (b) from among individuals who are United States citizens. (2) Representation of diverse points of view To the maximum extent practicable, the membership of the Board shall represent diverse points of view relating to the assessment, prevention, reduction, and removal of marine debris. (3) Not Federal employees Appointment as a Director of the Foundation shall not constitute employment by, or the holding of an office of, the United States for the purpose of any Federal law. (b) Appointment and terms (1) Appointment Subject to paragraph (2), after consulting with the EPA Administrator, the Director of the United States Fish and Wildlife Service, the Assistant Secretary of State for the Bureau of Oceans and International Environmental and Scientific Affairs, and the Administrator of the United States Agency for International Development, and considering the recommendations submitted by the Board, the Under Secretary shall appoint 12 Directors who meet the criteria established by subsection (a), of whom (A) at least 4 shall be educated or experienced in the assessment, prevention, reduction, or removal of marine debris, which may include an individual with expertise in post-consumer materials management or a circular economy; (B) at least 2 shall be educated or experienced in the assessment, prevention, reduction, or removal of marine debris outside the United States; (C) at least 2 shall be educated or experienced in ocean and coastal resource conservation science or policy; and (D) at least 2 shall be educated or experienced in international trade or foreign policy. (2) Terms (A) In general Any Director appointed after the initial appointments are made under subparagraph (B) (other than the Under Secretary), shall be appointed for a term of 6 years. (B) Initial appointments to new member positions Of the Directors appointed by the Under Secretary under paragraph (1), the Under Secretary shall appoint, not later than 180 days after December 18, 2020 (i) 4 Directors for a term of 6 years; (ii) 4 Directors for a term of 4 years; and (iii) 4 Directors for a term of 2 years. (3) Vacancies (A) In general The Under Secretary shall fill a vacancy on the Board. (B) Term of appointments to fill unexpired terms An individual appointed to fill a vacancy that occurs before the expiration of the term of a Director shall be appointed for the remainder of the term. (4) Reappointment An individual shall not serve more than 2 consecutive terms as a Director, excluding any term of less than 6 years. (5) Consultation before removal The Under Secretary may remove a Director from the Board only after consultation with the Assistant Secretary of State for the Bureau of Oceans and International Environmental and Scientific Affairs, the Director of the United States Fish and Wildlife Service, and the EPA Administrator. (c) Chairman The Chairman shall be elected by the Board from its members for a 2-year term. (d) Quorum A majority of the current membership of the Board shall constitute a quorum for the transaction of business. (e) Meetings The Board shall meet at the call of the Chairman at least once a year. If a Director misses 3 consecutive regularly scheduled meetings, that individual may be removed from the Board and that vacancy filled in accordance with subsection (b). (f) Reimbursement of expenses Members of the Board shall serve without pay, but may be reimbursed for the actual and necessary traveling and subsistence expenses incurred by them in the performance of the duties of the Foundation. (g) General powers (1) In general The Board may complete the organization of the Foundation by (A) appointing officers and employees; (B) adopting a constitution and bylaws consistent with the purposes of the Foundation and the provisions of this subchapter; and (C) undertaking of other such acts as may be necessary to carry out the provisions of this subchapter. (2) Limitations on appointment The following limitations apply with respect to the appointment of officers and employees of the Foundation: (A) Officers and employees may not be appointed until the Foundation has sufficient funds to pay them for their service. Officers and employees of the Foundation shall be appointed without regard to the provisions of title 5 governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (B) The first officer or employee appointed by the Board shall be the Secretary of the Board who (i) shall serve, at the direction of the Board, as its chief operating officer; and (ii) shall be knowledgeable and experienced in matters relating to the assessment, prevention, reduction, and removal of marine debris. ( Pub. L. 116224, title I,  112 Dec. 18, 2020 134 Stat. 1075  Editorial Notes  References in Text This subchapter, referred to in subsecs. (a)(1) and (g)(1)(B), (C), was in the original this title, meaning title I of Pub. L. 116224 Dec. 18, 2020 134 Stat. 1074  4213. Rights and obligations of the Foundation (a) In general The Foundation (1) shall have perpetual succession; (2) may conduct business throughout the several States, territories, and possessions of the United States and abroad; and (3) shall at all times maintain a designated agent authorized to accept service of process for the Foundation. (b) Service of process The serving of notice to, or service of process upon, the agent required under subsection (a)(3), or mailed to the business address of such agent, shall be deemed as service upon or notice to the Foundation. (c) Powers (1) In general To carry out its purposes under section 4211 of this title (A) to accept, receive, solicit, hold, administer, and use any gift, devise, or bequest, either absolutely or in trust, of real or personal property or any income therefrom or other interest therein; (B) to acquire by purchase or exchange any real or personal property or interest therein; (C) to invest any funds provided to the Foundation by the Federal Government in obligations of the United States or in obligations or securities that are guaranteed or insured by the United States; (D) to deposit any funds provided to the Foundation by the Federal Government into accounts that are insured by an agency or instrumentality of the United States; (E) to make use of any interest or investment income that accrues as a consequence of actions taken under subparagraph (C) or (D) to carry out the purposes of the Foundation; (F) to use Federal funds to make payments under cooperative agreements to provide substantial long-term benefits for the assessment, prevention, reduction, and removal of marine debris; (G) unless otherwise required by the instrument of transfer, to sell, donate, lease, invest, reinvest, retain or otherwise dispose of any property or income therefrom; (H) to borrow money and issue bonds, debentures, or other debt instruments; (I) to sue and be sued, and complain and defend itself in any court of competent jurisdiction, except that the Directors of the Foundation shall not be personally liable, except for gross negligence; (J) to enter into contracts or other arrangements with, or provide financial assistance to, public agencies and private organizations and persons and to make such payments as may be necessary to carry out its functions; and (K) to do any and all acts necessary and proper to carry out the purposes of the Foundation. (2) Non-Federal contributions to the fund A gift, devise, or bequest may be accepted by the Foundation without regard to whether the gift, devise, or bequest is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest in the gift, devise, or bequest is for the benefit of the Foundation. (d) Notice to Members of Congress The Foundation may not make a grant of Federal funds in an amount greater than $100,000 unless, by not later than 15 days before the grant is made, the Foundation provides notice of the grant to the Member of Congress for the congressional district in which the project to be funded with the grant will be carried out. (e) Coordination of international efforts Any efforts of the Foundation carried out in a foreign country, and any grants provided to an individual or entity in a foreign country, shall be made only with the concurrence of the Secretary of State, in consultation, as appropriate, with the Administrator of the United States Agency for International Development. (f) Consultation With NOAA The Foundation shall consult with the Under Secretary during the planning of any restoration or remediation action using funds resulting from judgments or settlements relating to the damage to trust resources of the National Oceanic and Atmospheric Administration. ( Pub. L. 116224, title I,  113 Dec. 18, 2020 134 Stat. 1077  Editorial Notes  References in Text This subchapter, referred to in subsec. (c)(1), was in the original this title, meaning title I of Pub. L. 116224 Dec. 18, 2020 134 Stat. 1074  4214. Administrative services and support (a) Provision of services The Under Secretary may provide personnel, facilities, and other administrative services to the Foundation, including reimbursement of expenses, not to exceed the current Federal Government per diem rates, for a period of up to 5 years beginning on December 18, 2020 (b) Reimbursement The Under Secretary shall require reimbursement from the Foundation for any administrative service provided under subsection (a). The Under Secretary shall deposit any reimbursement received under this subsection into the Treasury to the credit of the appropriations then current and chargeable for the cost of providing such services. ( Pub. L. 116224, title I,  114 Dec. 18, 2020 134 Stat. 1079  4215. Volunteer status  The Secretary of Commerce may accept, without regard to the civil service classification laws, rules, or regulations, the services of the Foundation, the Board, and the officers and employees of the Board, without compensation from the Department of Commerce, as volunteers in the performance of the functions authorized in this subchapter. ( Pub. L. 116224, title I,  115 Dec. 18, 2020 134 Stat. 1079  Editorial Notes  References in Text This subchapter, referred to in text, was in the original this title, meaning title I of Pub. L. 116224 Dec. 18, 2020 134 Stat. 1074  4216. Report requirements; petition of Attorney General for equitable relief (a) Report The Foundation shall, as soon as practicable after the end of each fiscal year, transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources, the Committee on Transportation and Infrastructure, and the Committee on Energy and Commerce of the House of Representatives a report (1) describing the proceedings and activities of the Foundation during that fiscal year, including a full and complete statement of its receipts, expenditures, and investments; and (2) including a detailed statement of the recipient, amount, and purpose of each grant made by the Foundation in the fiscal year. (b) Relief with respect to certain Foundation acts or failure to act If the Foundation (1) engages in, or threatens to engage in, any act, practice, or policy that is inconsistent with its purposes set forth in section 4211(b) of this title (2) refuses, fails, or neglects to discharge its obligations under this subchapter, or threatens to do so, the Attorney General may petition in the United States District Court for the District of Columbia for such equitable relief as may be necessary or appropriate. ( Pub. L. 116224, title I,  116 Dec. 18, 2020 134 Stat. 1079  Editorial Notes  References in Text This subchapter, referred to in subsec. (b)(2), was in the original this title, meaning title I of Pub. L. 116224 Dec. 18, 2020 134 Stat. 1074  4217. United States release from liability  The United States shall not be liable for any debts, defaults, acts, or omissions of the Foundation nor shall the full faith and credit of the United States extend to any obligation of the Foundation. ( Pub. L. 116224, title I,  117 Dec. 18, 2020 134 Stat. 1080  4218. Authorization of appropriations (a) Authorization of appropriations (1) In general There are authorized to be appropriated to the Department of Commerce to carry out this subchapter $10,000,000 for each of fiscal years 2021 through 2024. (2) Use of appropriated funds Subject to paragraph (3), amounts made available under paragraph (1) shall be provided to the Foundation to match contributions (whether in currency, services, or property) made to the Foundation, or to a recipient of a grant provided by the Foundation, by private persons and State and local government agencies. (3) Prohibition on use for administrative expenses (A) In general Except as provided in subparagraph (B), no Federal funds made available under paragraph (1) may be used by the Foundation for administrative expenses of the Foundation, including for salaries, travel and transportation expenses, and other overhead expenses. (B) Exception The Secretary may allow the use of Federal funds made available under paragraph (1) to pay for salaries during the 18-month period beginning on December 18, 2020 (b) Additional authorization (1) In general In addition to the amounts made available under subsection (a), the Foundation may accept Federal funds from a Federal agency under any other Federal law for use by the Foundation to further the assessment, prevention, reduction, and removal of marine debris in accordance with the requirements of this subchapter. (2) Use of funds accepted from Federal agencies Federal funds provided to the Foundation under paragraph (1) shall be used by the Foundation for matching, in whole or in part, contributions (whether in currency, services, or property) made to the Foundation by private persons and State and local government agencies. (c) Prohibition on use of grant amounts for litigation and lobbying expenses Amounts provided as a grant by the Foundation shall not be used for (1) any expense related to litigation consistent with Federal-wide cost principles; or (2) any activity the purpose of which is to influence legislation pending before Congress consistent with Federal-wide cost principles. ( Pub. L. 116224, title I,  118 Dec. 18, 2020 134 Stat. 1080  Editorial Notes  References in Text This subchapter, referred to in subsecs. (a)(1) and (b)(1), was in the original this title, meaning title I of Pub. L. 116224 Dec. 18, 2020 134 Stat. 1074  4219. Termination of authority  The authority of the Foundation under this part shall terminate on the date that is 10 years after the establishment of the Foundation, unless the Foundation is reauthorized by an Act of Congress. ( Pub. L. 116224, title I,  119 Dec. 18, 2020 134 Stat. 1080 Part B Genius Prize for Save Our Seas Innovations  4231. Definitions In this part: (1) Prize competition The term prize competition means the competition for the award of the Genius Prize for Save Our Seas Innovations established under section 4232 of this title (2) Secretary The term Secretary means the Secretary of Commerce. ( Pub. L. 116224, title I,  121 Dec. 18, 2020 134 Stat. 1081  4232. Genius Prize for Save Our Seas Innovations (a) In general (1) In general Not later than 1 year after December 18, 2020 section 3719 of title 15 (A) to encourage technological innovation with the potential to reduce plastic waste, and associated and potential pollution, and thereby prevent marine debris; and (B) to award 1 or more prizes biennially for projects that advance human understanding and innovation in removing and preventing plastic waste, in one of the categories described in paragraph (2). (2) Categories for projects The categories for projects are: (A) Advancements in materials used in packaging and other products that, if such products enter the coastal or ocean environment, will fully degrade without harming the environment, wildlife, or human health. (B) Innovations in production and packaging design that reduce the use of raw materials, increase recycled content, encourage reusability and recyclability, and promote a circular economy. (C) Improvements in marine debris detection, monitoring, and cleanup technologies and processes. (D) Improvements or improved strategies to increase solid waste collection, processing, sorting, recycling, or reuse. (E) New designs or strategies to reduce overall packaging needs and promote reuse. (b) Designation The prize competition established under subsection (a) shall be known as the Genius Prize for Save Our Seas Innovations. (c) Prioritization In selecting awards for the prize competition, priority shall be given to projects that (1) have a strategy, submitted with the application or proposal, to move the new technology, process, design, material, or other product supported by the prize to market-scale deployment; (2) support the concept of a circular economy; and (3) promote development of materials that (A) can fully degrade in the ocean without harming the environment, wildlife, or human health; and (B) are to be used in fishing gear or other maritime products that have an increased likelihood of entering the coastal or ocean environment as unintentional waste. ( Pub. L. 116224, title I,  122 Dec. 18, 2020 134 Stat. 1081  4233. Agreement with the Marine Debris Foundation (a) In general The Secretary may offer to enter into an agreement, which may include a grant or cooperative agreement, under which the Marine Debris Foundation established under title I 1 1 (b) Requirements An agreement entered into under subsection (a) shall comply with the following requirements: (1) Duties The Marine Debris Foundation shall (A) advertise the prize competition; (B) solicit prize competition participants; (C) administer funds relating to the prize competition; (D) receive Federal and non-Federal funds (i) to administer the prize competition; and (ii) to award a cash prize; (E) carry out activities to generate contributions of non-Federal funds to offset, in whole or in part (i) the administrative costs of the prize competition; and (ii) the costs of a cash prize; (F) in the design and award of the prize, consult, as appropriate with experts from (i) Federal agencies with jurisdiction over the prevention of marine debris or the promotion of innovative materials; (ii) State agencies with jurisdiction over the prevention of marine debris or the promotion of innovative materials; (iii) State, regional, or local conservation or post-consumer materials management organizations, the mission of which relates to the prevention of marine debris or the promotion of innovative materials; (iv) conservation groups, technology companies, research institutions, scientists (including those with expertise in marine environments) institutions of higher education, industry, or individual stakeholders with an interest in the prevention of marine debris or the promotion of innovative materials; (v) experts in the area of standards development regarding the degradation, breakdown, or recycling of polymers; and (vi) other relevant experts of the Boards choosing; (G) in consultation with, and subject to final approval by, the Secretary, develop criteria for the selection of prize competition winners; (H) provide advice and consultation to the Secretary on the selection of judges under section 4234 of this title (I) announce 1 or more annual winners of the prize competition; (J) subject to paragraph (2), award 1 or more cash prizes biennially of not less than $100,000; and (K) protect against unauthorized use or disclosure by the Marine Debris Foundation of any trade secret or confidential business information of a prize competition participant. (2) Additional cash prizes The Marine Debris Foundation may award more than 1 cash prize in a year (A) if the initial cash prize referred to in paragraph (1)(J) and any additional cash prizes are awarded using only non-Federal funds; and (B) consisting of an amount determined by the Under Secretary after the Secretary is notified by the Marine Debris Foundation that non-Federal funds are available for an additional cash prize. (3) Solicitation of funds The Marine Debris Foundation (A) may request and accept Federal funds and non-Federal funds for a cash prize or administration of the prize competition; (B) may accept a contribution for a cash prize in exchange for the right to name the prize; and (C) shall not give special consideration to any Federal agency or non-Federal entity in exchange for a donation for a cash prize awarded under this section. ( Pub. L. 116224, title I,  123 Dec. 18, 2020 134 Stat. 1082  Editorial Notes  References in Text Title I, referred to in subsec. (a), means title I of Pub. L. 116224 Pub. L. 116224  4234. Judges (a) Appointment The Secretary shall appoint not fewer than 3 judges who shall, except as provided in subsection (b), select the 1 or more annual winners of the prize competition. (b) Determination by the Secretary The judges appointed under subsection (a) shall not select any annual winner of the prize competition if the Secretary makes a determination that, in any fiscal year, none of the technological advancements entered into the prize competition merits an award. ( Pub. L. 116224, title I,  124 Dec. 18, 2020 134 Stat. 1083  4235. Report to Congress Not later than 60 days after the date on which a cash prize is awarded under this subchapter, the Secretary shall post on a publicly available website a report on the prize competition that includes (1) if the Secretary has entered into an agreement under section 4233 of this title section 4233 of this title (2) a statement by 1 or more of the judges appointed under section 4234 of this title ( Pub. L. 116224, title I,  125 Dec. 18, 2020 134 Stat. 1083  Editorial Notes  References in Text This subchapter, referred to in text, was in the original this title, meaning title I of Pub. L. 116224 Dec. 18, 2020 134 Stat. 1074  4236. Authorization of appropriations  Of the amounts authorized under section 4218(a) of this title ( Pub. L. 116224, title I,  126 Dec. 18, 2020 134 Stat. 1083  4237. Termination of authority  The prize program will terminate after 5 prize competition cycles have been completed. ( Pub. L. 116224, title I,  127 Dec. 18, 2020 134 Stat. 1083 Part C Pilot Projects  4251. Incentive for fishermen to collect and dispose of plastic found at sea (a) In general The Under Secretary shall establish a pilot program to assess the feasibility and advisability of providing incentives, such as grants, to fishermen based in the United States who incidentally capture marine debris while at sea (1) to track or keep the debris on board; and (2) to dispose of the debris properly on land. (b) Support for collection and removal of derelict gear The Under Secretary shall encourage United States efforts, such as the Fishing for Energy net disposal program, that support (1) collection and removal of derelict fishing gear and other fishing waste; (2) disposal or recycling of such gear and waste; and (3) prevention of the loss of such gear. ( Pub. L. 116224, title I,  137 Dec. 18, 2020 134 Stat. 1086 SUBCHAPTER II ENHANCED GLOBAL ENGAGEMENT TO COMBAT MARINE DEBRIS  4261. Statement of policy on international cooperation to combat marine debris It is the policy of the United States to partner, consult, and coordinate with foreign governments (at the national and subnational levels), civil society, international organizations, international financial institutions, subnational coastal communities, commercial and recreational fishing industry leaders, and the private sector, in a concerted effort (1) to increase knowledge and raise awareness about (A) the linkages between the sources of plastic waste, mismanaged waste and post-consumer materials, and marine debris; and (B) the upstream and downstream causes and effects of plastic waste, mismanaged waste and post-consumer materials, and marine debris on marine environments, marine wildlife, human health, and economic development; (2) to support (A) strengthening systems for reducing the generation of plastic waste and recovering, managing, reusing, and recycling plastic waste, marine debris, and microfiber pollution in the worlds oceans, emphasizing upstream post-consumer materials management solutions (i) to decrease plastic waste at its source; and (ii) to prevent leakage of plastic waste into the environment; (B) advancing the utilization and availability of safe and affordable reusable alternatives to disposable plastic products in commerce, to the extent practicable, and with consideration for the potential impacts of such alternatives, and other efforts to prevent marine debris; (C) deployment of and access to advanced technologies to capture value from post-consumer materials and municipal solid waste streams through mechanical and other recycling systems; (D) access to information on best practices in post-consumer materials management, options for post-consumer materials management systems financing, and options for participating in public-private partnerships; and (E) implementation of management measures to reduce derelict fishing gear, the loss of fishing gear, and other sources of pollution generated from marine activities and to increase proper disposal and recycling of fishing gear; and (3) to work cooperatively with international partners (A) on establishing (i) measurable targets for reducing marine debris, lost fishing gear, and plastic waste from all sources; and (ii) action plans to achieve those targets with a mechanism to provide regular reporting; (B) to promote consumer education, awareness, and outreach to prevent marine debris; (C) to reduce marine debris by improving advance planning for marine debris events and responses to such events; and (D) to share best practices in post-consumer materials management systems to prevent the entry of plastic waste into the environment. ( Pub. L. 116224, title II,  201 Dec. 18, 2020 134 Stat. 1086  4262. Prioritization of efforts and assistance to combat marine debris and improve plastic waste management (a) In general The Secretary of State shall, in coordination with the Administrator of the United States Agency for International Development, as appropriate, and the officials specified in subsection (b) (1) lead and coordinate efforts to implement the policy described in section 4261 of this title (2) develop strategies and implement programs that prioritize engagement and cooperation with foreign governments, subnational and local stakeholders, and the private sector to expedite efforts and assistance in foreign countries (A) to partner with, encourage, advise and facilitate national and subnational governments on the development and execution, where practicable, of national projects, programs and initiatives to (i) improve the capacity, security, and standards of operations of post-consumer materials management systems; (ii) monitor and track how well post-consumer materials management systems are functioning nationwide, based on uniform and transparent standards developed in cooperation with municipal, industrial, and civil society stakeholders; (iii) identify the operational challenges of post-consumer materials management systems and develop policy and programmatic solutions; (iv) end intentional or unintentional incentives for municipalities, industries, and individuals to improperly dispose of plastic waste; and (v) conduct outreach campaigns to raise public awareness of the importance of proper waste disposal and the reduction of plastic waste; (B) to facilitate the involvement of municipalities and industries in improving solid waste reduction, collection, disposal, and reuse and recycling projects, programs, and initiatives; (C) to partner with and provide technical assistance to investors, and national and local institutions, including private sector actors, to develop new business opportunities and solutions to specifically reduce plastic waste and expand solid waste and post-consumer materials management best practices in foreign countries by (i) maximizing the number of people and businesses, in both rural and urban communities, receiving reliable solid waste and post-consumer materials management services; (ii) improving and expanding the capacity of foreign industries to responsibly employ post-consumer materials management practices; (iii) improving and expanding the capacity and transparency of tracking mechanisms for marine debris to reduce the impacts on the marine environment; (iv) eliminating incentives that undermine responsible post-consumer materials management practices and lead to improper waste disposal practices and leakage; (v) building the capacity of countries (I) to reduce, monitor, regulate, and manage waste, post-consumer materials and plastic waste, and pollution appropriately and transparently, including imports of plastic waste from the United States and other countries; (II) to encourage private investment in post-consumer materials management and reduction; and (III) to encourage private investment, grow opportunities, and develop markets for recyclable, reusable, and repurposed plastic waste and post-consumer materials, and products with high levels of recycled plastic content, at both national and local levels; and (vi) promoting safe and affordable reusable alternatives to disposable plastic products, to the extent practicable; and (D) to research, identify, and facilitate opportunities to promote collection and proper disposal of damaged or derelict fishing gear. (b) Officials specified The officials specified in this subsection are the following: (1) The United States Trade Representative. (2) The Under Secretary. (3) The EPA Administrator. (4) The Director of the Trade and Development Agency. (5) The President and the Board of Directors of the Overseas Private Investment Corporation or the Chief Executive Officer and the Board of Directors of the United States International Development Finance Corporation, as appropriate. (6) The Chief Executive Officer and the Board of Directors of the Millennium Challenge Corporation. (7) The Commandant of the Coast Guard, with respect to pollution from ships. (8) The heads of such other agencies as the Secretary of State considers appropriate. (c) Prioritization In carrying out subsection (a), the officials specified in subsection (b) shall prioritize assistance to countries with, and regional organizations in regions with (1) rapidly developing economies; and (2) rivers and coastal areas that are the most severe sources of marine debris, as identified by the best available science. (d) Effectiveness measurement In prioritizing and expediting efforts and assistance under this section, the officials specified in subsection (b) shall use clear, accountable, and metric-based targets to measure the effectiveness of guarantees and assistance in achieving the policy described in section 4261 of this title (e) Rule of construction Nothing in this section may be construed to authorize the modification of or the imposition of limits on the portfolios of any agency or institution led by an official specified in subsection (b). ( Pub. L. 116224, title II,  202 Dec. 18, 2020 134 Stat. 1087  4263. United States leadership in international FORA In implementing the policy described in section 4261 of this title (1) commit to significantly increasing efforts to promote investment in well-designed post-consumer materials management and plastic waste elimination and mitigation projects and services that increase access to safe post-consumer materials management and mitigation services, in partnership with the private sector and consistent with the constraints of other countries; (2) address the post-consumer materials management needs of individuals and communities where access to municipal post-consumer materials management services is historically impractical or cost-prohibitive; (3) enhance coordination with the private sector (A) to increase access to solid waste and post-consumer materials management services; (B) to utilize safe and affordable alternatives to disposable plastic products, to the extent practicable; (C) to encourage and incentivize the use of recycled content; and (D) to grow economic opportunities and develop markets for recyclable, compostable, reusable, and repurposed plastic waste materials and post-consumer materials and other efforts that support the circular economy; (4) provide technical assistance to foreign regulatory authorities and governments to remove unnecessary barriers to investment in otherwise commercially-viable projects related to (A) post-consumer materials management; (B) the use of safe and affordable alternatives to disposable plastic products; or (C) beneficial reuse of solid waste, plastic waste, post-consumer materials, plastic products, and refuse; (5) use clear, accountable, and metric-based targets to measure the effectiveness of such projects; and (6) engage international partners in an existing multilateral forum (or, if necessary, establish through an international agreement a new multilateral forum) to improve global cooperation on (A) creating tangible metrics for evaluating efforts to reduce plastic waste and marine debris; (B) developing and implementing best practices at the national and subnational levels of foreign countries, particularly countries with little to no solid waste or post-consumer materials management systems, facilities, or policies in place for (i) collecting, disposing, recycling, and reusing plastic waste and post-consumer materials, including building capacity for improving post-consumer materials management; and (ii) integrating alternatives to disposable plastic products, to the extent practicable; (C) encouraging the development of standards and practices, and increasing recycled content percentage requirements for disposable plastic products; (D) integrating tracking and monitoring systems into post-consumer materials management systems; (E) fostering research to improve scientific understanding of (i) how microfibers and microplastics may affect marine ecosystems, human health and safety, and maritime activities; (ii) changes in the amount and regional concentrations of plastic waste in the ocean, based on scientific modeling and forecasting; (iii) the role rivers, streams, and other inland waterways play in serving as conduits for mismanaged waste traveling from land to the ocean; (iv) effective means to eliminate present and future leakages of plastic waste into the environment; and (v) other related areas of research the United States representatives deem necessary; (F) encouraging the World Bank and other international finance organizations to prioritize efforts to reduce plastic waste and combat marine debris; (G) collaborating on technological advances in post-consumer materials management and recycled plastics; (H) growing economic opportunities and developing markets for recyclable, compostable, reusable, and repurposed plastic waste and post-consumer materials and other efforts that support the circular economy; and (I) advising foreign countries, at both the national and subnational levels, on the development and execution of regulatory policies, services, including recycling and reuse of plastic, and laws pertaining to reducing the creation and the collection and safe management of (i) solid waste; (ii) post-consumer materials; (iii) plastic waste; and (iv) marine debris. ( Pub. L. 116224, title II,  203 Dec. 18, 2020 134 Stat. 1089  4264. Enhancing international outreach and partnership of United States agencies involved in marine debris activities (a) Findings Congress recognizes the success of the marine debris program of the National Oceanic and Atmospheric Administration and the Trash-Free Waters program of the Environmental Protection Agency. (b) Authorization of efforts to build foreign partnerships The Under Secretary and the EPA Administrator shall work with the Secretary of State and the Administrator of the United States Agency for International Development to build partnerships, as appropriate, with the governments of foreign countries and to support international efforts to combat marine debris. ( Pub. L. 116224, title II,  204 Dec. 18, 2020 134 Stat. 1091  4265. Consideration of marine debris in negotiating international agreements In negotiating any relevant international agreement with any country or countries after December 18, 2020 (1) consider the impact of land-based sources of plastic waste and other solid waste from that country on the marine and aquatic environment; and (2) ensure that the agreement strengthens efforts to eliminate land-based sources of plastic waste and other solid waste from that country that impact the marine and aquatic environment. ( Pub. L. 116224, title II,  206 Dec. 18, 2020 134 Stat. 1091 SUBCHAPTER III IMPROVING DOMESTIC INFRASTRUCTURE TO PREVENT MARINE DEBRIS  4281. Strategy for improving post-consumer materials management and water management (a) In general Not later than 1 year after December 18, 2020 (b) Release On development of the strategy under subsection (a), the EPA Administrator shall (1) distribute the strategy to States; and (2) make the strategy publicly available, including for use by (A) for-profit private entities involved in post-consumer materials management; and (B) other nongovernmental entities. ( Pub. L. 116224, title III,  301 Dec. 18, 2020 134 Stat. 1092  4282. Grant programs (a) Post-consumer materials management infrastructure grant program (1) In general The EPA Administrator may provide grants to States to implement the strategy developed under section 4281(a) of this title (A) to support improvements to local post-consumer materials management, including municipal recycling programs; and (B) to assist local waste management authorities in making improvements to local waste management systems. (2) Applications To be eligible to receive a grant under paragraph (1), the applicant State shall submit to the EPA Administrator an application at such time, in such manner, and containing such information as the EPA Administrator may require. (3) Contents of applications In developing application requirements, the EPA Administrator shall consider requesting that a State applicant provide (A) a description of (i) the project or projects to be carried out using grant funds; and (ii) how the project or projects would result in the generation of less plastic waste; (B) a description of how the funds will support disadvantaged communities; and (C) an explanation of any limitations, such as flow control measures, that restrict access to reusable or recyclable materials. (4) Report to Congress Not later than January 1, 2023 (A) a description of the activities carried out under this subsection; (B) estimates as to how much plastic waste was prevented from entering the oceans and other waterways as a result of activities funded pursuant to this subsection; and (C) a recommendation on the utility of evolving the grant program into a new waste management State revolving fund. (b) Drinking water infrastructure grants (1) In general The EPA Administrator may provide competitive grants to units of local government, Indian Tribes, and public water systems (as defined in section 300f of title 42 (2) Applications To be eligible to receive a grant under paragraph (1), an applicant shall submit to the EPA Administrator an application at such time, in such manner, and containing such information as the EPA Administrator may require. (c) Wastewater infrastructure grants (1) In general The EPA Administrator may provide grants to municipalities (as defined in section 502 of the Federal Water Pollution Control Act ( 33 U.S.C. 1362 33 U.S.C. 1292 (2) Applications To be eligible to receive a grant under paragraph (1), an applicant shall submit to the EPA Administrator an application at such time, in such manner, and containing such information as the EPA Administrator may require. (d) Trash-free waters grants (1) In general The EPA Administrator may provide grants to units of local government, Indian Tribes, and nonprofit organizations (A) to support projects to reduce the quantity of solid waste in bodies of water by reducing the quantity of waste at the source, including through anti-litter initiatives; (B) to enforce local post-consumer materials management ordinances; (C) to implement State or local policies relating to solid waste; (D) to capture post-consumer materials at stormwater inlets, at stormwater outfalls, or in bodies of water; (E) to provide education and outreach about post-consumer materials movement and reduction; and (F) to monitor or model flows of post-consumer materials, including monitoring or modeling a reduction in trash as a result of the implementation of best management practices for the reduction of plastic waste and other post-consumer materials in sources of drinking water. (2) Applications To be eligible to receive a grant under paragraph (1), an applicant shall submit to the EPA Administrator an application at such time, in such manner, and containing such information as the EPA Administrator may require. (e) Applicability of Federal law (1) In general The EPA Administrator shall ensure that all laborers and mechanics employed on projects funded directly, or assisted in whole or in part, by a grant established by this section shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40. (2) Authority With respect to the labor standards specified in paragraph (1), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 ( 64 Stat. 1267 section 3145 of title 40 (3) Requirements The requirements of section 608 of the Federal Water Pollution Control Act ( 33 U.S.C. 1388 33 U.S.C. 1381 (f) Limitation on use of funds A grant under this section may not be used (directly or indirectly) as a source of payment (in whole or in part) of, or security for, an obligation the interest on which is excluded from gross income under section 103 of title 26 (g) Authorization of appropriations There are authorized to be appropriated (1) for the program described 1 1 (2) for each of the programs described 1 ( Pub. L. 116224, title III,  302 Dec. 18, 2020 134 Stat. 1092  Editorial Notes  References in Text The Federal Water Pollution Control Act, referred to in subsec. (e)(3), is act June 30, 1948, ch. 758 Pub. L. 1004, title II,  212(a) Feb. 4, 1987 101 Stat. 22 section 1251 of this title