dreamproit/uscode huggingface dataset:
33 U.S.C. § 2341 (NAVIGATION AND NAVIGABLE WATERS)
§ 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 et seq.).
(Pub. L. 110–114, title II, § 2009, Nov. 8, 2007, 121 Stat. 1074.)
heading: References in Text
text: The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in text, is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 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 5121 of Title 42 and Tables.
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. § 2342 (NAVIGATION AND NAVIGABLE WATERS)
§ 2342. Access to water resource data
(a) In general
The Secretary shall carry out a program to provide public access to water resources and related water quality data in the custody of the Corps of Engineers.
(b) Data
Public access under subsection (a) shall—
(1) include, at a minimum, access to data generated in water resources project development and regulation under section 1344 of this title; and
(2) appropriately employ geographic information system technology and linkages to water resource models and analytical techniques.
(c) Partnerships
To the maximum extent practicable, in carrying out activities under this section, the Secretary shall develop partnerships, including cooperative agreements, with State, tribal, and local governments and other Federal agencies.
(d) Authorization of appropriations
There is authorized to be appropriated to carry out this section $3,000,000 for each fiscal year.
(Pub. L. 110–114, title II, § 2017, Nov. 8, 2007, 121 Stat. 1077.)
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. § 2345 (NAVIGATION AND NAVIGABLE WATERS)
§ 2345. Electronic submission of permit applications
(a) In general
Not later than 2 years after November 8, 2007, the Secretary shall implement a program to allow electronic submission of permit applications for permits under the jurisdiction of the Secretary.
(b) Limitations
This section does not preclude the submission of a physical copy.
(c) Authorization of appropriations
There is authorized to be appropriated to carry out this section $3,000,000.
(Pub. L. 110–114, title II, § 2040, Nov. 8, 2007, 121 Stat. 1100.)
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. § 2346 (NAVIGATION AND NAVIGABLE WATERS)
§ 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, 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. 110–114, title II, § 2041, Nov. 8, 2007, 121 Stat. 1100.)
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. § 2347 (NAVIGATION AND NAVIGABLE WATERS)
§ 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, the Secretary shall prepare and transmit to Congress a report estimating the time required for the issuance of all Federal, State, local, and tribal permits for the construction of non-Federal projects for water supply, wastewater infrastructure, flood damage reduction, storm damage reduction, ecosystem restoration, and navigation.
(Pub. L. 110–114, title II, § 2044, Nov. 8, 2007, 121 Stat. 1102.)
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. § 2401 to 2410 (NAVIGATION AND NAVIGABLE WATERS)
§§ 2401 to 2410. Repealed. Pub. L. 111–281, title X, § 1048, Oct. 15, 2010, 124 Stat. 3032
text: Section 2401, Pub. L. 100–333, § 2, June 16, 1988, 102 Stat. 605, provided findings and purposes for chapter.
text: Section 2402, Pub. L. 100–333, § 3, June 16, 1988, 102 Stat. 605, provided definitions for chapter.
text: Section 2403, Pub. L. 100–333, § 4, June 16, 1988, 102 Stat. 606, prohibited, with exceptions, application of antifouling paint containing organotin to any vessel less than 25 meters in length.
text: Section 2404, Pub. L. 100–333, § 5, June 16, 1988, 102 Stat. 606, prohibited certain organotin paints and additives.
text: Section 2405, Pub. L. 100–333, § 6, June 16, 1988, 102 Stat. 607, related to certification of antifouling paints containing organotin.
text: Section 2406, Pub. L. 100–333, § 7, June 16, 1988, 102 Stat. 607; Pub. L. 104–106, div. A, title X, § 1064(f), Feb. 10, 1996, 110 Stat. 445, related to monitoring and research of ecological effects.
text: Section 2407, Pub. L. 100–333, § 8, June 16, 1988, 102 Stat. 608, provided for alternative antifouling research.
text: Section 2408, Pub. L. 100–333, § 9, June 16, 1988, 102 Stat. 608, related to issuance of a final water quality criteria document.
text: Section 2409, Pub. L. 100–333, § 10, June 16, 1988, 102 Stat. 608, provided for civil and criminal penalties for violations of certain sections of chapter.
text: Section 2410, Pub. L. 100–333, § 11, June 16, 1988, 102 Stat. 608, related to other authorities and State laws.
heading: Effective Date; Use of Existing Stocks
text: Pub. L. 100–333, § 12, June 16, 1988, 102 Stat. 609, which provided that this chapter would take effect on June 16, 1988, and provided for a limited amount of time after that date to sell and use existing stocks of organotin paints and additives, was repealed by Pub. L. 111–281, title X, § 1048, Oct. 15, 2010, 124 Stat. 3032.
heading: Short Title
text: Pub. L. 100–333, § 1, June 16, 1988, 102 Stat. 605, which provided that this chapter could be cited as the “Organotin Antifouling Paint Control Act of 1988”, was repealed by Pub. L. 111–281, title X, § 1048, Oct. 15, 2010, 124 Stat. 3032.
33 U.S.C. § 2501 (NAVIGATION AND NAVIGABLE WATERS)
§ 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. 100–688, title III, § 3102, Nov. 18, 1988, 102 Stat. 4152.)
heading: Short Title
text: Pub. L. 100–688, title III, § 3101, Nov. 18, 1988, 102 Stat. 4152, provided that: “This subtitle [subtitle A (§§ 3101–3105) of title III of Pub. L. 100–688, enacting this chapter] may be cited as the ‘United States Public Vessel Medical Waste Anti-Dumping Act of 1988’.”
33 U.S.C. § 2502 (NAVIGATION AND NAVIGABLE WATERS)
§ 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. 100–688, title III, § 3103, Nov. 18, 1988, 102 Stat. 4152.)
33 U.S.C. § 2503 (NAVIGATION AND NAVIGABLE WATERS)
§ 2503. Prohibition
After 6 months after November 18, 1988, no public vessel shall dispose of potentially infectious medical waste into ocean waters unless—
(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. 100–688, title III, § 3104, Nov. 18, 1988, 102 Stat. 4152.)
33 U.S.C. § 2504 (NAVIGATION AND NAVIGABLE WATERS)
§ 2504. Guidance
Not later than 3 months after November 18, 1988, the Secretary of Defense and the head of each affected agency, in consultation with the Administrator of the Environmental Protection Agency, shall each issue guidance for public vessels under the jurisdiction of their agency regarding implementation of section 2503 of this title.
(Pub. L. 100–688, title III, § 3105, Nov. 18, 1988, 102 Stat. 4153.)
33 U.S.C. § 2603 (NAVIGATION AND NAVIGABLE WATERS)
§ 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. 100–688, title IV, § 4103, Nov. 18, 1988, 102 Stat. 4156.)
heading: Effective Date
text: Pub. L. 100–688, title IV, § 4204(c), Nov. 18, 1988, 102 Stat. 4160, provided that: “Section 4103 of this Act [33 U.S.C. 2603] takes effect 60 days after the date of enactment of this Act [Nov. 18, 1988].”
33 U.S.C. § 2604 (NAVIGATION AND NAVIGABLE WATERS)
§ 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. 100–688, title IV, § 4104, Nov. 18, 1988, 102 Stat. 4157.)
33 U.S.C. § 2605 (NAVIGATION AND NAVIGABLE WATERS)
§ 2605. Enforcement
(a) General authority
The Secretary of Transportation shall enforce this chapter under section 89 of title 14. The Secretary may authorize other officers or employees of the United States Government to enforce this chapter under that section.
(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, to any vessel subject to this chapter which does not have a permit required under 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. 100–688, title IV, § 4105, Nov. 18, 1988, 102 Stat. 4157.)
heading: Codification
text: In subsec. (c), “section 60105 of title 46” substituted for “section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91)” on authority of Pub. L. 109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted section 60105 of Title 46, Shipping.
33 U.S.C. § 2606 (NAVIGATION AND NAVIGABLE WATERS)
§ 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. 100–688, title IV, § 4106, Nov. 18, 1988, 102 Stat. 4157.)
heading: References in Text
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.
33 U.S.C. § 2607 (NAVIGATION AND NAVIGABLE WATERS)
§ 2607. Fees
The Secretary of Transportation may collect a fee under section 9701 of title 31 of not more than $1,000, from each person to whom a permit is issued under this subchapter for a permitting system and to maintain information.
(Pub. L. 100–688, title IV, § 4107, Nov. 18, 1988, 102 Stat. 4158.)
33 U.S.C. § 2608 (NAVIGATION AND NAVIGABLE WATERS)
§ 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. 100–688, title IV, § 4108, Nov. 18, 1988, 102 Stat. 4158.)
33 U.S.C. § 2609 (NAVIGATION AND NAVIGABLE WATERS)
§ 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 is liable to the United States Government for a civil penalty of not more than $10,000. Each day of a continuing violation is a separate violation. A vessel involved in the violation also is liable in rem for the penalty.
(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. 100–688, title IV, § 4109, Nov. 18, 1988, 102 Stat. 4158.)
33 U.S.C. § 2621 (NAVIGATION AND NAVIGABLE WATERS)
§ 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. 100–688, title IV, § 4201, Nov. 18, 1988, 102 Stat. 4159.)