dreamproit/uscode huggingface dataset:
33 U.S.C. § 2315 (NAVIGATION AND NAVIGABLE WATERS)
§ 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. 100–676, § 10, Nov. 17, 1988, 102 Stat. 4024.)
heading: Codification
text: 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.
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of Pub. L. 100–676, set out as a note under section 2201 of this title.
33 U.S.C. § 2316 (NAVIGATION AND NAVIGABLE WATERS)
§ 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. 101–640, title III, § 306, Nov. 28, 1990, 104 Stat. 4635.)
heading: Codification
text: 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.
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of Pub. L. 101–640, set out as a note under section 2201 of this title.
33 U.S.C. § 2317a (NAVIGATION AND NAVIGABLE WATERS)
§ 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 with nonprofit organizations with expertise in wetlands restoration to carry out such design and construction on behalf of the Secretary.
(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. 110–114, title II, § 2015, Nov. 8, 2007, 121 Stat. 1076.)
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. § 2317b (NAVIGATION AND NAVIGABLE WATERS)
§ 2317b. Wetlands mitigation
(1) In general
In carrying out a water resources project that involves wetlands mitigation and that has impacts that occur within the service area of a mitigation bank, the Secretary, where appropriate, shall first consider the use of the mitigation bank if the bank contains sufficient available credits to offset the impact and the bank is approved in accordance with the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (60 Fed. Reg. 58605) or other applicable Federal law (including regulations).
(2) Service area
To the maximum extent practicable, the service area of the mitigation bank under paragraph (1) shall be in the same watershed as the affected habitat.
(3) Responsibility for monitoring
(A) In general
Purchase of credits from a mitigation bank for a water resources project relieves the Secretary and the non-Federal interest from responsibility for monitoring or demonstrating mitigation success.
(B) Applicability
The relief of responsibility under subparagraph (A) applies only in any case in which the Secretary determines that monitoring of mitigation success is being conducted by the Secretary or by the owner or operator of the mitigation bank.
(Pub. L. 110–114, title II, § 2036(c), Nov. 8, 2007, 121 Stat. 1094.)
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. § 2319 (NAVIGATION AND NAVIGABLE WATERS)
§ 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, the Secretary shall transmit to Congress a report on measures taken pursuant to this section.
(Pub. L. 101–640, title III, § 310, Nov. 28, 1990, 104 Stat. 4639; Pub. L. 104–303, title II, § 233, Oct. 12, 1996, 110 Stat. 3704.)
heading: Codification
text: 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.
heading: Amendments
text: 1996—Subsec. (a). Pub. L. 104–303, § 233(1), struck out heading and text of subsec. (a). Text read as follows: “Not later than 2 years after November 28, 1990, the Secretary shall establish for major reservoirs under the jurisdiction of the Corps of Engineers a technical advisory committee to provide to the Secretary and Corps of Engineers recommendations on reservoir monitoring and options for reservoir research. The Secretary shall determine the membership of the committee, except that the Secretary may not appoint more than 6 members and shall ensure a predominance of members with appropriate academic, technical, or scientific qualifications. Members shall serve without pay, and the Secretary shall provide any necessary facilities, staff, and other support services in accordance with the Federal Advisory Committee Act (5 U.S.C. App. 1 et seq.).”
Subsec. (b). Pub. L. 104–303, § 233(2), struck out “(b) Public Participation.—” before “The Secretary shall ensure”, and substituted “section” for “subsection” in two places.
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of Pub. L. 101–640, set out as a note under section 2201 of this title.
33 U.S.C. § 2320 (NAVIGATION AND NAVIGABLE WATERS)
§ 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; except that the Secretary may complete any restoration commenced under this subsection on or before such last day.
(d) Applicability
(1) General rule
Subsections (b) and (c) of this section shall apply to maintenance, repair, rehabilitation, or reconstruction for which physical construction is initiated after May 1, 1988.
(2) Limitation
Subsections (b) and (c) of this section 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. 101–640, title III, § 313, Nov. 28, 1990, 104 Stat. 4640.)
heading: Codification
text: 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.
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of Pub. L. 101–640, set out as a note under section 2201 of this title.
33 U.S.C. § 2321 (NAVIGATION AND NAVIGABLE WATERS)
§ 2321. Operation and maintenance of hydroelectric facilities
Activities currently performed by personnel under the direction of the Secretary in connection with the operation and maintenance of hydroelectric power generating facilities at Corps of Engineers water resources projects are to be considered as inherently governmental functions and not commercial activities. 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.
(Pub. L. 101–640, title III, § 314, Nov. 28, 1990, 104 Stat. 4641.)
heading: Codification
text: 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.
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of Pub. L. 101–640, set out as a note under section 2201 of this title.
33 U.S.C. § 2322 (NAVIGATION AND NAVIGABLE WATERS)
§ 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. 101–640, title III, § 317, Nov. 28, 1990, 104 Stat. 4641.)
heading: Codification
text: 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.
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of Pub. L. 101–640, set out as a note under section 2201 of this title.
33 U.S.C. § 2323 (NAVIGATION AND NAVIGABLE WATERS)
§ 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) of this section, or any part thereof, by contract.
(c) Omitted
(Pub. L. 101–640, title III, § 318, Nov. 28, 1990, 104 Stat. 4641.)
heading: Codification
text: Section is comprised of section 318 of Pub. L. 101–640. Subsec. (c) of section 318 of Pub. L. 101–640 amended 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.
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of Pub. L. 101–640, set out as a note under section 2201 of this title.
33 U.S.C. § 2323a (NAVIGATION AND NAVIGABLE WATERS)
§ 2323a. Interagency and international support authority
(a) In general
The Secretary may engage in activities (including contracting) in support of other Federal agencies, 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 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.
(d) Funding
There is authorized to be appropriated to carry out this section $1,000,000 for fiscal year 2008 and each fiscal year thereafter. The Secretary may accept and expend additional funds from other Federal agencies, international organizations, or foreign governments to carry out this section.
(Pub. L. 104–303, title II, § 234, Oct. 12, 1996, 110 Stat. 3704; Pub. L. 106–541, title II, § 207, Dec. 11, 2000, 114 Stat. 2590; Pub. L. 110–114, title II, § 2030, Nov. 8, 2007, 121 Stat. 1081.)
heading: Codification
text: 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.
heading: Amendments
text: 2007—Subsec. (a). Pub. L. 110–114, § 2030(1), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: “The Secretary may engage in activities in support of other Federal agencies or international organizations to address problems of national significance to the United States.”
Subsec. (b). Pub. L. 110–114, § 2030(2), substituted “Department of State” for “Secretary of State”.
Subsec. (d). Pub. L. 110–114, § 2030(3), substituted “$1,000,000 for fiscal year 2008” for “$250,000 for fiscal year 2001” and “, international organizations, or foreign governments” for “or international organizations”.
2000—Subsec. (d). Pub. L. 106–541 substituted “There is authorized to be appropriated to carry out this section $250,000 for fiscal year 2001 and each fiscal year thereafter.” for “There is authorized to be appropriated $1,000,000 to carry out this section.” and inserted “out” after “carry” in second sentence.
heading: National Recreation Reservation Service
text: Pub. L. 106–541, title II, § 206, Dec. 11, 2000, 114 Stat. 2590, provided that:
“Notwithstanding section 611 of the Treasury and General Government Appropriations Act, 1999 (112 Stat. 2681–515), the Secretary [of the Army] may—
“(1) participate in the National Recreation Reservation Service on an interagency basis; and
“(2) pay the Department of the Army’s share of the activities required to implement, operate, and maintain the Service.”
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of Pub. L. 104–303, set out as a note under section 2201 of this title.
33 U.S.C. § 2324 (NAVIGATION AND NAVIGABLE WATERS)
§ 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) of this section.
(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 2,000,000 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) of this section, 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) of this section 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 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.
(Pub. L. 101–640, title III, § 322, Nov. 28, 1990, 104 Stat. 4643.)
heading: Codification
text: 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.
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of Pub. L. 101–640, set out as a note under section 2201 of this title.
33 U.S.C. § 2325 (NAVIGATION AND NAVIGABLE WATERS)
§ 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) of 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 water resources projects described in subsection (a) of this section.
(Pub. L. 102–580, title II, § 203, Oct. 31, 1992, 106 Stat. 4826; Pub. L. 104–303, title II, § 236(a), Oct. 12, 1996, 110 Stat. 3705.)
heading: Codification
text: 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.
heading: Amendments
text: 1996—Subsec. (b). Pub. L. 104–303 substituted “(8862)” for “(8662)”.
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 3 of Pub. L. 102–580, set out as a note under section 2201 of this title.
33 U.S.C. § 2326c (NAVIGATION AND NAVIGABLE WATERS)
§ 2326c. Dredged material marketing and recycling
(a) Dredged material marketing
(1) In general
Not later than 180 days after December 11, 2000, the Secretary shall establish a program to allow the direct marketing of dredged material to public agencies and private entities.
(2) Limitations
The Secretary shall not establish the program under paragraph (1) unless the Secretary determines that the program is in the interest of the United States and is economically justified, equitable, and environmentally acceptable.
(3) Regional responsibility
The program described in paragraph (1) may authorize each of the 8 division offices of the Corps of Engineers to market to public agencies and private entities any dredged material from projects under the jurisdiction of the regional office. Any revenues generated from any sale of dredged material to such entities shall be deposited in the United States Treasury.
(4) Reports
Not later than 180 days after December 11, 2000, and annually thereafter for a period of 4 years, the Secretary shall transmit to Congress a report on the program established under paragraph (1).
(5) Authorization of appropriations
There is authorized to be appropriated to carry out this subsection $2,000,000 for each fiscal year.
(b) Dredged material recycling
(1) Pilot program
The Secretary shall conduct a pilot program to provide incentives for the removal of dredged material from confined disposal facilities associated with Corps of Engineer navigation projects for the purpose of recycling the dredged material and extending the life of the confined disposal facilities.
(2) Report
Not later than 90 days after the date of completion of the pilot program, the Secretary shall transmit to Congress a report on the results of the program.
(3) Authorization of appropriations
There is authorized to be appropriated to carry out this subsection $2,000,000, except that not to exceed $1,000,000 may be expended with respect to any project.
(Pub. L. 106–541, title II, § 215, Dec. 11, 2000, 114 Stat. 2594.)
heading: Codification
text: 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.
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of Pub. L. 106–541, set out as a note under section 2201 of this title.