dreamproit/uscode huggingface dataset:
33 U.S.C. § 2105 (NAVIGATION AND NAVIGABLE WATERS)
§ 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, to the extent such waters exist in or are adjacent to any State.
(Pub. L. 98–623, title II, § 206, Nov. 8, 1984, 98 Stat. 3397.)
33 U.S.C. § 2106 (NAVIGATION AND NAVIGABLE WATERS)
§ 2106. Savings clauses
(a) Tennessee Valley Authority jurisdiction
Nothing in this chapter shall be construed as replacing or superseding section 831y–1 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. 98–623, title II, § 208, Nov. 8, 1984, 98 Stat. 3398.)
33 U.S.C. § 2212 (NAVIGATION AND NAVIGABLE WATERS)
§ 2212. Inland waterway transportation
(a) Construction
One-half 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, and
(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. One-half 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) Authorizations from general fund
Any Federal responsibility—
(1) with respect to a project authorized by title III or section 652(j) of this title, or
(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. 99–662, title I, § 102, Nov. 17, 1986, 100 Stat. 4084.)
heading: References in Text
text: Title III of this Act, referred to in subsecs. (a)(1) and (c)(1), is title III of Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4109, consisting of sections 301 and 302. The projects authorized by title III probably mean the projects authorized by section 301 of Pub. L. 99–662, which is not classified to the Code. Section 302 of Pub. L. 99–662, which established the Inland Waterways Users Board, is classified to section 2251 of this title.
Section 844 of this Act, referred to in subsecs. (a)(3) and (c)(2), is section 844 of Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4177, which is not classified to the Code.
33 U.S.C. § 2216 (NAVIGATION AND NAVIGABLE WATERS)
§ 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. 99–662, title I, § 106, Nov. 17, 1986, 100 Stat. 4089.)
heading: References in Text
text: This Act, referred to in text, is Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4082, as amended, known as the Water Resources Development Act of 1986. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables.
33 U.S.C. § 2217 (NAVIGATION AND NAVIGABLE WATERS)
§ 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. 99–662, title I, § 107, Nov. 17, 1986, 100 Stat. 4089.)
heading: References in Text
text: This Act, referred to in text, is Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4082, as amended, known as the Water Resources Development Act of 1986. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables.
33 U.S.C. § 2218 (NAVIGATION AND NAVIGABLE WATERS)
§ 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. 99–662, title I, § 108, Nov. 17, 1986, 100 Stat. 4089.)
heading: References in Text
text: This Act, referred to in text, is Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4082, as amended, known as the Water Resources Development Act of 1986. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables.
33 U.S.C. § 2220 (NAVIGATION AND NAVIGABLE WATERS)
§ 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 et seq.], the Secretary of Commerce is authorized to purchase evidences of indebtedness and to make loans for a period not exceeding fifty years to enable responsible local interests to meet the requirements of local cooperation pertaining to contributions toward the cost of construction of such projects within such areas.
(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, and for each fiscal year thereafter through and including the fiscal year ending June 30, 1970.
(Pub. L. 89–298, title II, § 217, Oct. 27, 1965, 79 Stat. 1088.)
heading: References in Text
text: The Public Works and Economic Development Act of 1965, referred to in subsec. (a), is Pub. L. 89–136, Aug. 26, 1965, 79 Stat. 552, as amended, which is classified generally to chapter 38 (§ 3121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 3121 of Title 42 and Tables.
heading: Codification
text: Section was formerly classified to section 3142a of Title 42, The Public Health and Welfare.
Section was not enacted as part of the Water Resources Development Act of 1986 which comprises this chapter.
33 U.S.C. § 2221 (NAVIGATION AND NAVIGABLE WATERS)
§ 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, pursuant to section 560 of this title; section 561 of this title; the Civil Functions Appropriations Act, 1936, Public Law 75–208 1; section 1962d–5a of title 42; sections 2214, 2231, and 2232 of this title; section 426i–1 of this title; section 701b–13 of this title; and any other specific project authority, shall be limited to total credits and reimbursements for all applicable projects not to exceed $100,000,000 in each fiscal year.
(Pub. L. 109–103, title I, § 102, Nov. 19, 2005, 119 Stat. 2253.)
heading: References in Text
text: The Civil Functions Appropriations Act, 1936, Public Law 75–208, referred to in text, may mean the War Department Civil Appropriation Act, 1938, act July 19, 1937, ch. 511, 50 Stat. 515, 518, which amended act June 22, 1936, ch. 688, § 5, by adding the proviso classified to section 701h of this title.
heading: Codification
text: 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.
heading: Prior Provisions
text: Provisions similar to those in this section were contained in the following prior appropriation acts:
Pub. L. 108–447, div. C, title I, § 101, Dec. 8, 2004, 118 Stat. 2941; Pub. L. 109–13, div. A, title VI, § 6005, May 11, 2005, 119 Stat. 282.
Pub. L. 108–137, title I, § 101, Dec. 1, 2003, 117 Stat. 1833.
Pub. L. 108–7, div. D, title I, § 101, Feb. 20, 2003, 117 Stat. 138.
Pub. L. 107–66, title I, § 103, Nov. 12, 2001, 115 Stat. 493.
Pub. L. 106–377, § 1(a)(2) [title I, § 102], Oct. 27, 2000, 114 Stat. 1441, 1441A–65.
Pub. L. 106–60, title I, § 102, Sept. 29, 1999, 113 Stat. 487.
33 U.S.C. § 2222 (NAVIGATION AND NAVIGABLE WATERS)
§ 2222. Use of other Federal funds
The non-Federal interest for a water resources study or project may use, and the Secretary shall accept, funds provided by a Federal agency under any other Federal program, to satisfy, in whole or in part, the non-Federal share of the cost of the study or project if the Federal agency that provides the funds determines that the funds are authorized to be used to carry out the study or project.
(Pub. L. 110–114, title II, § 2007, Nov. 8, 2007, 121 Stat. 1073.)
heading: Codification
text: 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.
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of Pub. L. 110–114, set out as a note under section 2201 of this title.
33 U.S.C. § 2231 (NAVIGATION AND NAVIGABLE WATERS)
§ 2231. Studies of projects by non-Federal interests
(a) Submission to Secretary
A non-Federal interest may on its own undertake a feasibility study of a proposed harbor or inland harbor project and submit it to the Secretary. To assist non-Federal interests, the Secretary shall, as soon as practicable, promulgate guidelines for studies of harbors or inland harbors to provide sufficient information for the formulation of studies.
(b) Review by Secretary
The Secretary shall review each study submitted under subsection (a) of this section for the purpose of determining whether or not such study and the process under which such study was developed comply with Federal laws and regulations applicable to feasibility studies of navigation projects for harbors or inland harbors.
(c) Submission to Congress
Not later than 180 days after receiving any study submitted under subsection (a) of this section, the Secretary shall transmit to the Congress, in writing, the results of such review and any recommendations the Secretary may have concerning the project described in such plan and design.
(d) Credit and reimbursement
If a project for which a study has been submitted under subsection (a) of this section is authorized by any provision of Federal law enacted after the date of such submission, the Secretary shall credit toward the non-Federal share of the cost of construction of such project an amount equal to the portion of the cost of developing such study that would be the responsibility of the United States if such study were developed by the Secretary.
(Pub. L. 99–662, title II, § 203, Nov. 17, 1986, 100 Stat. 4098.)
heading: Short Title
text: For short title of title II of Pub. L. 99–662, enacting this subchapter, as the Harbor Development and Navigation Improvement Act of 1986, see section 215 of Pub. L. 99–662, set out as a note under section 2201 of this title.
33 U.S.C. § 2234 (NAVIGATION AND NAVIGABLE WATERS)
§ 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 Saint Lawrence Seaway Development Corporation.
(Pub. L. 99–662, title II, § 206, Nov. 17, 1986, 100 Stat. 4102.)
33 U.S.C. § 2235 (NAVIGATION AND NAVIGABLE WATERS)
§ 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, may be constructed in usable increments.
(Pub. L. 99–662, title II, § 207, Nov. 17, 1986, 100 Stat. 4102.)
33 U.S.C. § 2237 (NAVIGATION AND NAVIGABLE WATERS)
§ 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. 99–662, title II, § 209, Nov. 17, 1986, 100 Stat. 4106.)
33 U.S.C. § 2238 (NAVIGATION AND NAVIGABLE WATERS)
§ 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, for each fiscal year such sums as may be necessary to pay—
(1) 100 percent of the eligible operations and maintenance costs of those portions of the Saint Lawrence Seaway operated and maintained by the Saint 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.
(Pub. L. 99–662, title II, § 210, Nov. 17, 1986, 100 Stat. 4106; Pub. L. 101–640, title III, § 316, Nov. 28, 1990, 104 Stat. 4641.)
heading: Amendments
text: 1990—Subsec. (a)(2). Pub. L. 101–640 substituted “up to 100 percent” for “not more than 40 percent”.
33 U.S.C. § 2238a (NAVIGATION AND NAVIGABLE WATERS)
§ 2238a. Estimate of harbor maintenance needs
For fiscal year 2014 and each fiscal year thereafter, the President’s budget request submitted pursuant to section 1105 of title 31, United States Code, shall include—
(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. 112–141, div. A, title I, § 1537, July 6, 2012, 126 Stat. 585.)
heading: Codification
text: Section was enacted as part of the Moving Ahead for Progress in the 21st Century Act, also known as the MAP–21, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
heading: Effective Date
text: Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
33 U.S.C. § 2240 (NAVIGATION AND NAVIGABLE WATERS)
§ 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, and ending before October 1, 1992, $5,000,000.
(Pub. L. 99–662, title II, § 212, Nov. 17, 1986, 100 Stat. 4107.)
33 U.S.C. § 2242 (NAVIGATION AND NAVIGABLE WATERS)
§ 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, 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 community served by the harbor and navigation improvement; and
(3) the long-term viability of the community 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, 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 local population; and
(5) social and cultural value to the community.
(Pub. L. 110–114, title II, § 2006, Nov. 8, 2007, 121 Stat. 1073.)
heading: Codification
text: 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.
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of Pub. L. 110–114, set out as a note under section 2201 of this title.
33 U.S.C. § 2251 (NAVIGATION AND NAVIGABLE WATERS)
§ 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
The Users Board shall meet at least semi-annually to develop and make recommendations to the Secretary regarding construction and rehabilitation priorities and spending levels on the commercial navigational features and components of the inland waterways and inland harbors of the United States for the following fiscal years. Any advice or recommendation made by the Users Board to the Secretary shall reflect the independent judgment of the Users Board. Notwithstanding section 3003 of Public Law 104–66 (31 U.S.C. 1113 note; 109 Stat. 734), the Users Board shall, by December 31, 1987, and annually thereafter file such recommendations with the Secretary and with the Congress.
(c) Administration
The Users Board shall be subject to the Federal Advisory Committee Act, other than section 14, and, with the consent of the appropriate agency head, the Users Board may use the facilities and services of any Federal agency. 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. 99–662, title III, § 302, Nov. 17, 1986, 100 Stat. 4111; Pub. L. 106–109, § 8(a), Nov. 24, 1999, 113 Stat. 1495.)
heading: References in Text
text: The Federal Advisory Committee Act, referred to in subsec. (c), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
heading: Amendments
text: 1999—Subsec. (b). Pub. L. 106–109, in last sentence, substituted “Notwithstanding section 3003 of Public Law 104–66 (31 U.S.C. 1113 note; 109 Stat. 734), the” for “The”.