dreamproit/uscode huggingface dataset:
42 U.S.C. § 1962d–5e (THE PUBLIC HEALTH AND WELFARE)
§ 1962d–5e. Wetland areas
(a) Authorization of Secretary of the Army to plan and establish wetland areas; criteria for establishment
The Secretary of the Army, acting through the Chief of Engineers, is authorized to plan and establish wetland areas as part of an authorized water resources development project under his jurisdiction. Establishment of any wetland area in connection with the dredging required for such a water resources development project may be undertaken in any case where the Chief of Engineers in his judgment finds that—
(1) environmental, economic, and social benefits of the wetland area justifies the increased cost thereof above the cost required for alternative methods of disposing of dredged material for such project; and
(2) the increased cost of such wetland area will not exceed $400,000; and
(3) there is reasonable evidence that the wetland area to be established will not be substantially altered or destroyed by natural or man-made causes.
(b) Reports to Congress
Whenever the Secretary of the Army, acting through the Chief of Engineers, submits to Congress a report on a water resources development project after October 22, 1976, such report shall include, where appropriate, consideration of the establishment of wetland areas.
(c) Cost
In the computation of benefits and cost of any water resources development project the benefits of establishing of any wetland area shall be deemed to be at least equal to the cost of establishing such area. All costs of establishing a wetland area shall be borne by the United States.
(Pub. L. 94–587, § 150, Oct. 22, 1976, 90 Stat. 2931.)
heading: Codification
text: Section was enacted as part of the Water Resources Development Act of 1976, and not as part of the Water Resources Planning Act which comprises this chapter.
42 U.S.C. § 1962d–5f (THE PUBLIC HEALTH AND WELFARE)
§ 1962d–5f. Beach nourishment
The Secretary of the Army, acting through the Chief of Engineers, is authorized to provide periodic beach nourishment in the case of each water resources development project where such nourishment has been authorized for a limited period for such additional period as he determines necessary but in no event shall such additional period extend beyond the fiftieth year which begins after the date of initiation of construction of such project.
(Pub. L. 94–587, § 156, Oct. 22, 1976, 90 Stat. 2933; Pub. L. 99–662, title IX, § 934, Nov. 17, 1986, 100 Stat. 4197.)
heading: Codification
text: Section was enacted as part of the Water Resources Development Act of 1976, and not as part of the Water Resources Planning Act which comprises this chapter.
heading: Amendments
text: 1986—Pub. L. 99–662 substituted “fiftieth” for “fifteenth”.
42 U.S.C. § 1962d–6 (THE PUBLIC HEALTH AND WELFARE)
§ 1962d–6. Feasibility studies; acceleration; advancement of costs by non-Federal sources
The Secretary may accelerate feasibility studies authorized by law when and to the extent that the costs of such studies shall have been advanced by non-Federal sources.
(Pub. L. 89–561, § 5, Sept. 7, 1966, 80 Stat. 714.)
heading: Codification
text: Section was not enacted as part of the Water Resources Planning Act which comprises this chapter.
42 U.S.C. § 1962d–7 (THE PUBLIC HEALTH AND WELFARE)
§ 1962d–7. Delmarva Peninsula hydrologic study; duties of Secretary of the Interior
The Secretary of the Interior (hereinafter referred to as the “Secretary”) is authorized and directed to make a comprehensive study and investigation of the water resources of the Delmarva Peninsula with a view to determining the availability of fresh water supplies needed to meet the anticipated future water requirements of the Delmarva Peninsula area, and with a view to determining the most effective means from the standpoint of hydrologic feasibility of protecting and developing fresh water sources so as to insure, insofar as practicable, the availability of adequate water supplies in the future. In carrying out such study and investigation with respect to the Delmarva Peninsula, the Secretary shall—
(1) appraise the water use, requirements, and trends, and determine the availability of water in the streams and underground sources for the entire peninsula;
(2) determine the depths, thicknesses, and permeabilities, the perennial yield, and the recharge characteristics of major aquifers, and the quality characteristics to be expected from each such major aquifer;
(3) determine with respect to ground water resources the continuity and extent of important water-bearing formations;
(4) determine the yield from stream systems under natural flow conditions and under varying degrees of storage and the amounts and quality of waters available from such systems during drought, flood, and intermediate conditions;
(5) determine whether sea water has moved inland into heavily pumped coastal aquifers;
(6) give special consideration to conditions which may invite the invasion of sea water into fresh-water supplies;
(7) compile and make available to appropriate State and local officials any results of this study and investigation that would be appropriate for their use in long-range planning, development, and management of water supplies;
(8) cooperate with State and local agencies for the purpose of using any information and data available to carry out the purposes of this study; and
(9) consider such other matters as the Secretary may deem appropriate to the study and investigation herein authorized.
(Pub. L. 89–618, § 1, Oct. 4, 1966, 80 Stat. 870.)
heading: Codification
text: Section was not enacted as part of the Water Resources Planning Act which comprises this chapter.
heading: Washington Metropolitan Area Water Needs and Estuarial Water Supplies; Studies
text: Pub. L. 93–251, title I, § 85, Mar. 7, 1974, 88 Stat. 36, provided in part for a study of Washington Metropolitan Area Future Water Needs, coordinated with Northeastern United States Water Supply study, and for a study of Estuarial Water Supplies, including a Potomac Estuary Water Treatment Pilot Project, for review of scientific basis for study conclusions by National Academy of Sciences-National Academy of Engineering, and made further authorizations for Sixes Bridge Dam and Lake Project, Maryland dependent on such studies and review.
42 U.S.C. § 1962d–8 (THE PUBLIC HEALTH AND WELFARE)
§ 1962d–8. Reports on Delmarva Peninsula hydrologic study
During the course of the study and investigation authorized by sections 1962d–7 to 1962d–11 of this title, the Secretary may submit to the President for transmission to the Congress such interim reports as the Secretary may consider desirable. The Secretary shall submit a final report to the President for transmission to the Congress not more than six years after October 4, 1966.
(Pub. L. 89–618, § 2, Oct. 4, 1966, 80 Stat. 870.)
heading: Codification
text: Section was not enacted as part of the Water Resources Planning Act which comprises this chapter.
42 U.S.C. § 1962d–9 (THE PUBLIC HEALTH AND WELFARE)
§ 1962d–9. Information from Federal agencies for Delmarva Peninsula study
The Secretary is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government, information, suggestions, estimates, and statistics for the purpose of sections 1962d–7 to 1962d–11 of this title, and each department, bureau, agency, board, commission, office, independent establishment, or instrumentality is authorized and directed to furnish such information, suggestions, estimates, and statistics, to the Secretary upon his or his designee’s request.
(Pub. L. 89–618, § 3, Oct. 4, 1966, 80 Stat. 870.)
heading: Codification
text: Section was not enacted as part of the Water Resources Planning Act which comprises this chapter.
42 U.S.C. § 1962d–10 (THE PUBLIC HEALTH AND WELFARE)
§ 1962d–10. Cooperation with agencies on Delmarva Peninsula study
In carrying out the study and investigation authorized by sections 1962d–7 to 1962d–11 of this title, the Secretary is authorized to cooperate with other Federal, State, and local agencies now engaged in comprehensive planning for water resource use and development in the Delmarva Peninsula area by making available to those agencies his findings and to cooperate with those agencies in the Northeastern United States Water Supply Study as authorized by section 1962d–4 of this title.
(Pub. L. 89–618, § 4, Oct. 4, 1966, 80 Stat. 871.)
heading: Codification
text: Section was not enacted as part of the Water Resources Planning Act which comprises this chapter.
42 U.S.C. § 1962d–11 (THE PUBLIC HEALTH AND WELFARE)
§ 1962d–11. Authorization of appropriation for Delmarva Peninsula study
There is hereby authorized to be appropriated the sum of $500,000 to carry out the provisions of sections 1962d–7 to 1962d–11 of this title: Provided, That nothing in such sections shall prevent the expenditure of other funds appropriated to the United States Geological Survey for studies and activities performed under its general authority.
(Pub. L. 89–618, § 5, Oct. 4, 1966, 80 Stat. 871; Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 1000.)
heading: Codification
text: Section was not enacted as part of the Water Resources Planning Act which comprises this chapter.
heading: Change of Name
text: “United States Geological Survey” substituted in text for “Geological Survey” pursuant to provision of title I of Pub. L. 102–154, set out as a note under section 31 of Title 43, Public Lands.
42 U.S.C. § 1962d–11a (THE PUBLIC HEALTH AND WELFARE)
§ 1962d–11a. Potomac River water diversion structure
(a) Consent of Congress for construction; written agreement providing schedule for allocation among parties for withdrawal of waters
(1) Subject to paragraph (2) of this subsection, the consent of Congress is granted under section 401 of title 33 to the Washington Suburban Sanitary Commission to construct a water diversion structure, with an elevation not to exceed one hundred and fifty-nine feet above sea level, from the north shore of the Potomac River at the Washington Suburban Sanitary Commission water filtration plant to the north shore of Watkins Island.
(2) The structure authorized by paragraph (1) of this subsection, may not be constructed until the Secretary of the Army, acting through the Chief of Engineers, and the State of Maryland, the Commonwealth of Virginia, the Washington Suburban Sanitary Commission, and such other governmental authorities as the Secretary of the Army, the State of Maryland, and the Commonwealth of Virginia deem desirable signatories enter into a written agreement providing an enforceable schedule for allocation among the parties to such agreement for the withdrawal of the waters of that portion of the Potomac River located between Little Falls Dam and the farthest upstream limit of the pool of water behind the Chesapeake and Ohio Canal Company rubble dam at Seneca, Maryland, during periods of low flow of such portion of such river.
(b) Authorization of Secretary of the Army to enter written agreement; amendments or revisions
The Secretary of the Army, acting through the Chief of Engineers, is authorized to enter into the agreement referred to in subsection (a)(2) of this section and any amendment to or revision of such agreement.
(c) Riparian rights or other authority of Maryland, Virginia, political subdivisions; authority of District of Columbia
Except as may be provided in the agreement referred to in subsection (a)(2) of this section, nothing in this section shall alter any riparian rights or other authority of the State of Maryland, or any political subdivision thereof, the Commonwealth of Virginia, or any political subdivision thereof, or the District of Columbia, or authority of the Corps of Engineers existing on October 22, 1976, relative to the appropriation of water from, or the use of, the Potomac River.
(Pub. L. 94–587, § 181, Oct. 22, 1976, 90 Stat. 2939; Pub. L. 96–292, § 2, June 28, 1980, 94 Stat. 609.)
heading: Codification
text: Section was enacted as part of the Water Resources Development Act of 1976, and not as part of the Water Resources Planning Act which comprises this chapter.
heading: Amendments
text: 1980—Subsec. (a)(2). Pub. L. 96–292 struck out cl. “(A)” designation and cl. (B) which prohibited construction of the Potomac River water diversion structure should such structure be in conflict with the report of the Secretary of the Army, acting through the Chief of Engineers, issued in connection with a study of water resources development.
42 U.S.C. § 1962d–11b (THE PUBLIC HEALTH AND WELFARE)
§ 1962d–11b. Dalecarlia Reservoir; delivery of water to metropolitan Maryland; expenses; payments; purchase of water from State or local authorities in Maryland or Virginia
(a) The Secretary, on the recommendation of the Chief of Engineers, is authorized to permit the delivery of water from the District of Columbia water system at the Dalecarlia filtration plant, or at other points on the system, to any competent State or local authority in the Washington, District of Columbia, metropolitan area in Maryland. All of the expense of installing the connection or connections and appurtenances between the water supply systems and any subsequent changes therein shall be paid by the requesting entity, which shall also pay such charges for the use of the water as the Secretary may, from time to time in advance of delivery, determine to be reasonable. Payments shall be made at such time, and pursuant to such regulations, as the Secretary prescribes. The Secretary may revoke any permit for the use of water at any time.
(b) The Secretary is authorized to purchase water from any State or local authority in Maryland or Virginia that has, at the time of purchase, completed a connection with the District of Columbia water system. The Secretary is authorized to pay such charges for the use of the water as the Secretary has agreed upon in advance of delivery.
(Pub. L. 99–662, title XI, § 1111, Nov. 17, 1986, 100 Stat. 4231.)
heading: Codification
text: Section was enacted as part of the Water Resources Development Act of 1986, and not as part of the Water Resources Planning Act which comprises this chapter.
heading: Definitions
text: Secretary means the Secretary of the Army, see section 2201 of Title 33, Navigation and Navigable Waters.
42 U.S.C. § 1962d–12 to 1962d–14 (THE PUBLIC HEALTH AND WELFARE)
§§ 1962d–12 to 1962d–14. Repealed. Pub. L. 104–58, title I, § 104(g)(3), Nov. 28, 1995, 109 Stat. 560
text: Section 1962d–12, act Aug. 9, 1955, ch. 682, § 1, 69 Stat. 618, authorized Secretary of the Interior to make investigations of projects for conservation, development, and utilization of Alaskan water resources and to report findings, with recommendations, to President and Congress.
text: Section 1962d–13, act Aug. 9, 1955, ch. 682, § 2, 69 Stat. 618, directed Secretary of the Interior, prior to transmission of report on Alaskan water resource projects to Congress, to transmit copies thereof for information and comment to Governor of Alaska and to heads of interested Federal departments and agencies, and to include copies of views of such officials along with transmission of Secretary’s report to Congress.
text: Section 1962d–14, act Aug. 9, 1955, ch. 682, § 3, 69 Stat. 618, authorized to be appropriated not more than $250,000 in any one fiscal year for Alaskan water resources investigation.
42 U.S.C. § 1962d–15 (THE PUBLIC HEALTH AND WELFARE)
§ 1962d–15. Protection of United States from liability for damages; exception of damages due to fault or negligence of United States
The requirement in any water resources development project under the jurisdiction of the Secretary of the Army, that non-Federal interests hold and save the United States free from damages due to the construction, operation, and maintenance of the project, does not include damages due to the fault or negligence of the United States or its contractors.
(Pub. L. 93–251, title I, § 9, Mar. 7, 1974, 88 Stat. 16.)
heading: Codification
text: Section was enacted as part of the Water Resources Development Act of 1974, and not as part of the Water Resources Planning Act which comprises this chapter.
42 U.S.C. § 1962d–18 (THE PUBLIC HEALTH AND WELFARE)
§ 1962d–18. Study of depletion of natural resources of regions of Colorado, Kansas, New Mexico, Oklahoma, Texas, and Nebraska utilizing Ogallala aquifer; plans; reports to Congress; authorization of appropriation
In order to assure an adequate supply of food to the Nation and to promote the economic vitality of the High Plains Region, the Secretary of Commerce (hereinafter referred to in this section as the “Secretary”), acting through the Economic Development Administration, in cooperation with the Secretary of the Army, acting through the Chief of Engineers, and appropriate Federal, State, and local agencies, and the private sector, is authorized and directed to study the depletion of the natural resources of those regions of the States of Colorado, Kansas, New Mexico, Oklahoma, Texas, and Nebraska presently utilizing the declining water resources of the Ogallala acquifer,1 and to develop plans to increase water supplies in the area and report thereon to Congress, together with any recommendations for further congressional action. In formulating these plans, the Secretary is directed to consider all past and ongoing studies, plans, and work on depleted water resources in the region, and to examine the feasibility of various alternatives to provide adequate water supplies in the area including, but not limited to, the transfer of water from adjacent areas, such portion to be conducted by the Chief of Engineers to assure the continued economic growth and vitality of the region. The Secretary shall report on the costs of reasonably available options, the benefits of various options, and the costs of inaction. If water transfer is found to be a part of a reasonable solution, the Secretary, as part of his study, shall include a recommended plan for allocating and distributing water in an equitable fashion, taking into account existing water rights and the needs for future growth of all affected areas. An interim report, with recommendations, shall be transmitted to the Congress no later than October 1, 1978, and a final report, with recommendations, shall be transmitted to Congress not later than July 1, 1980. A sum of $6,000,000 is authorized to be appropriated for the purposes of carrying out this section.
(Pub. L. 94–587, § 193, Oct. 22, 1976, 90 Stat. 2943.)
heading: Codification
text: Section was enacted as part of the Water Resources Development Act of 1976, and not as part of the Water Resources Planning Act which comprises this chapter.
42 U.S.C. § 1962d–19 (THE PUBLIC HEALTH AND WELFARE)
§ 1962d–19. Cooperation of Secretary of the Interior with State and local regulatory and law enforcement officials in enforcement of laws or ordinances in connection with Federal resource protection, etc., within Federal water resource development project; funding
The Secretary of the Interior, in connection with Federal resource protection and the Federal administration of the use and occupancy of lands and waters within a water resource development project under his jurisdiction, is authorized to cooperate with the regulatory and law enforcement officials of any State or political subdivision thereof in the enforcement of the laws or ordinances of such State or political subdivision. Such cooperation may include the reimbursement of a State or its political subdivision for expenditures incurred in connection with such resource protection and administration. For purposes of complying with section 651 of title 2, the authorization provided under this section is subject to the availability of appropriations.
(Pub. L. 98–552, § 3, Oct. 30, 1984, 98 Stat. 2823.)
heading: Codification
text: Section was not enacted as part of the Water Resources Planning Act which comprises this chapter.
42 U.S.C. § 1972 (THE PUBLIC HEALTH AND WELFARE)
§ 1972. Interference with freedom of elections
No officer of the Army, Navy, or Air Force of the United States shall prescribe or fix, or attempt to prescribe or fix, by proclamation, order, or otherwise, the qualifications of voters in any State, or in any manner interfere with the freedom of any election in any State, or with the exercise of the free right of suffrage in any State.
(R.S. § 2003.)
heading: Codification
text: R.S. § 2003 derived from act Feb. 25, 1865, ch. 52, § 1, 13 Stat. 437.
Air Force inserted to conform to act July 26, 1947, ch. 343, title II, § 207(a), (f), 61 Stat. 502, which established a separate Department of the Air Force, and Secretary of Defense Transfer Order No. 40 [App. A(10)], July 22, 1949, which transferred certain functions to the Air Force. Section 207(a), (f) of act July 26, 1947, was repealed by act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641. Act Aug. 10, 1956, ch. 1041, § 1, 70A Stat. 1, enacted “Title 10, Armed Forces”, which in sections 8010 to 8013 continued Department of the Air Force under administrative supervision of Secretary of the Air Force.
Section was formerly classified to section 32 of Title 8, Aliens and Nationality.
42 U.S.C. § 1973d, 1973e (THE PUBLIC HEALTH AND WELFARE)
§§ 1973d, 1973e. Repealed. Pub. L. 109–246, § 3(c), July 27, 2006, 120 Stat. 580
text: Section 1973d, Pub. L. 89–110, title I, § 6, Aug. 6, 1965, 79 Stat. 439; renumbered title I, Pub. L. 91–285, § 2, June 22, 1970, 84 Stat. 314; amended Pub. L. 94–73, title II, §§ 205, 206, Aug. 6, 1975, 89 Stat. 402; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 103–94, § 5, Oct. 6, 1993, 107 Stat. 1005, related to appointment of Federal voting examiners.
text: Section 1973e, Pub. L. 89–110, title I, § 7, Aug. 6, 1965, 79 Stat. 440; renumbered title I, Pub. L. 91–285, § 2, June 22, 1970, 84 Stat. 314; amended 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783, related to examination of applicants for registration.
42 U.S.C. § 1973g (THE PUBLIC HEALTH AND WELFARE)
§ 1973g. Repealed. Pub. L. 109–246, § 3(c), July 27, 2006, 120 Stat. 580
text: Section, Pub. L. 89–110, title I, § 9, Aug. 6, 1965, 79 Stat. 441; renumbered title I, Pub. L. 91–285, § 2, June 22, 1970, 84 Stat. 314; amended 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783, related to challenges to eligibilty listings.