33 U.S.C. § 2201 (NAVIGATION AND NAVIGABLE WATERS)
§ 2201. “Secretary” defined
For purposes of this Act, the term “Secretary” means the Secretary of the Army.
(Pub. L. 99–662, § 2, Nov. 17, 1986, 100 Stat. 4082.)
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 below and Tables.
heading: Short Title of 2007 Amendment
text: Pub. L. 110–114, § 1(a), Nov. 8, 2007, 121 Stat. 1041, provided that: “This Act [see Tables for classification] may be cited as the ‘Water Resources Development Act of 2007’.”
heading: Short Title of 2000 Amendment
text: Pub. L. 106–541, § 1(a), Dec. 11, 2000, 114 Stat. 2572, provided that: “This Act [see Tables for classification] may be cited as the ‘Water Resources Development Act of 2000’.”
heading: Short Title of 1999 Amendment
text: Pub. L. 106–53, § 1(a), Aug. 17, 1999, 113 Stat. 269, provided that: “This Act [see Tables for classification] may be cited as the ‘Water Resources Development Act of 1999’.”
heading: Short Title of 1996 Amendment
text: Pub. L. 104–303, § 1(a), Oct. 12, 1996, 110 Stat. 3658, provided that: “This Act [see Tables for classification] may be cited as the ‘Water Resources Development Act of 1996’.”
heading: Short Title of 1992 Amendment
text: Pub. L. 102–580, § 1(a), Oct. 31, 1992, 106 Stat. 4797, provided that: “This Act [enacting sections 59gg, 426i–1, 569d to 569f, 653, 1271, 2268, and 2325 to 2329 of this title, amending sections 426j, 467f, 467j to 467l, 562, 652, 1342, 1412, 1413, 1414, 1415, 1416, 1420, 1421, 2211, 2213, 2283, and 2309a of this title, section 3036 of Title 10, Armed Forces, sections 460tt, 4702, and 4711 of Title 16, Conservation, and section 1962d–16 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under this section and sections 541, 1271, 2211, 2239, 2267, and 2281 of this title, section 9505 of Title 26, Internal Revenue Code, and sections 390h–4 and 390h–5 of Title 43, Public Lands] may be cited as the ‘Water Resources Development Act of 1992’.”
heading: Short Title of 1990 Amendment
text: Pub. L. 101–640, § 1(a), Nov. 28, 1990, 104 Stat. 4604, provided that: “This Act [enacting sections 59bb and 2316 to 2324 of this title, amending sections 579a, 652, 701n, 709a, 2213, 2215, 2232, 2238, 2281, 2309a, and 2314a of this title, section 460tt of Title 16, Conservation, and section 1962d–16 of Title 42, The Public Health and Welfare, repealing sections 579 and 2239 of this title, enacting provisions set out as notes under this section, sections 426e, 1252, 1268, 2213, 2232, 2239, 2313, and 2317 of this title, and section 1405c of Title 48, Territories and Insular Possessions, and amending provisions set out as notes under sections 2294 and 2314 of this title and section 460d of Title 16] may be cited as the ‘Water Resources Development Act of 1990’.”
heading: Short Title of 1988 Amendment
text: Pub. L. 100–676, § 1(a), Nov. 17, 1988, 102 Stat. 4012, provided that: “This Act [enacting sections 59j–1, 59y, 59z, and 2312 to 2315 of this title, amending sections 426j, 701b–12, 1293a, 2211, 2239, 2280, and 2291 of this title and section 1962d–5a of Title 42, The Public Health and Welfare, enacting provisions set out as notes under this section, sections 579a, 988, 2211, 2294, 2300, and 2314 of this title, and section 1962d–5g of Title 42, and amending provisions set out as a note under section 2294 of this title] may be cited as the ‘Water Resources Development Act of 1988’.”
heading: Short Title
text: Pub. L. 99–662, § 1(a), Nov. 17, 1986, 100 Stat. 4082, provided that: “This Act [enacting this chapter and sections 59n–1, 59v, 59w, 403b, 426n, 426o, 467f to 467n, 555a, 579a, 652, 701b–12, 709b, 988a, and 1414a of this title, sections 460tt of Title 16, Conservation, sections 4461, 4462, 9505, and 9506 of Title 26, Internal Revenue Code, section 483d of former Title 40, Public Buildings, Property, and Works, and sections 1962d–11b and 1962d–20 of Title 42, The Public Health and Welfare, amending sections 409, 414, 415, 426g, 426i, 426j, 426m, 467, 467b, 555, 557, 603a, 610, 701a–1, 701g, 701n, 701r, 701s, 984, and 1804 of this title, section 3036 of Title 10, Armed Forces, sections 460ee and 1002 of Title 16, section 4042 of Title 26, sections 1962d–5a, 1962d–5b, 1962d–5d, 1962d–5f, and 1962d–16 of Title 42, sections 390 and 390b of Title 43, Public Lands, and section 1121–1 of Title 46, Appendix, Shipping, repealing sections 1801 and 1802 of this title, enacting provisions set out as notes under this section, sections 426, 426g, 467, 661, 984, 988, 1414a, and 2294 of this title, sections 460d and 1004 of Title 16, sections 1, 4042, 4461, 9505, and 9506 of Title 26, sections 1962d–5b, 1962d–20, and 10301 of Title 42, and section 390b of Title 43, and amending provisions set out as a note under section 1962b–3 of Title 42] may be cited as the ‘Water Resources Development Act of 1986’.”
Pub. L. 99–662, title II, § 215, Nov. 17, 1986, 100 Stat. 4109, provided that: “This title [enacting subchapter II of this chapter] may be cited as the ‘Harbor Development and Navigation Improvement Act of 1986’.”
heading: Funding to Process Permits
text: Pub. L. 106–541, title II, § 214, Dec. 11, 2000, 114 Stat. 2594, as amended by Pub. L. 108–137, title I, § 114, Dec. 1, 2003, 117 Stat. 1836; Pub. L. 109–99, § 1, Nov. 11, 2005, 119 Stat. 2169; Pub. L. 109–209, § 1, Mar. 24, 2006, 120 Stat. 318; Pub. L. 109–434, § 1, Dec. 20, 2006, 120 Stat. 3197; Pub. L. 110–114, title II, § 2002, Nov. 8, 2007, 121 Stat. 1067; Pub. L. 111–120, § 1, Dec. 22, 2009, 123 Stat. 3478; Pub. L. 111–315, § 1, Dec. 18, 2010, 124 Stat. 3450, provided that:
“(a) In General.—
The Secretary, after public notice, may accept and expend funds contributed by a non-Federal public entity to expedite the evaluation of a permit of that entity related to a project or activity for a public purpose under the jurisdiction of the Department of the Army.
“(b) Effect on Permitting.—
“(1) In general.—
In carrying out this section, the Secretary shall ensure that the use of funds accepted under subsection (a) will not impact impartial decisionmaking with respect to permits, either substantively or procedurally.
“(2) Impartial decisionmaking.—
In carrying out this section, the Secretary shall ensure that the evaluation of permits carried out using funds accepted under this section shall—
“(A) be reviewed by—
“(i) the District Commander, or the Commander’s designee, of the Corps District in which the project or activity is located; or
“(ii) the Commander of the Corps Division in which the District is located if the evaluation of the permit is initially conducted by the District Commander; and
“(B) utilize the same procedures for decisions that would otherwise be required for the evaluation of permits for similar projects or activities not carried out using funds authorized under this section.
“(c) Limitation on Use of Funds.—
None of the funds accepted under this section shall be used to carry out a review of the evaluation of permits required under subsection (b)(2)(A).
“(d) Public Availability.—
The Secretary shall ensure that all final permit decisions carried out using funds authorized under this section are made available to the public, including on the Internet.
“(e) Duration of Authority.—
The authority provided under this section shall be in effect from October 1, 2000, through December 31, 2016.”
heading: Monitoring
text: Pub. L. 106–541, title II, § 223, Dec. 11, 2000, 114 Stat. 2597, provided that:
“(a) In General.—
The Secretary shall conduct a monitoring program of the economic and environmental results of up to 5 eligible projects selected by the Secretary.
“(b) Duration.—
The monitoring of a project selected by the Secretary under this section shall be for a period of not less than 12 years beginning on the date of its selection.
“(c) Reports.—
The Secretary shall transmit to Congress every 3 years a report on the performance of each project selected under this section.
“(d) Eligible Project Defined.—
In this section, the term ‘eligible project’ means a water resources project, or separable element thereof—
“(1) for which a contract for physical construction has not been awarded before the date of enactment of this Act [Dec. 11, 2000];
“(2) that has a total cost of more than $25,000,000; and
“(3)
(A) that has as a benefit-to-cost ratio of less than 1.5 to 1; or
“(B) that has significant environmental benefits or significant environmental mitigation components.
“(e) Costs.—
The cost of conducting monitoring under this section shall be a Federal expense.”
heading: Water Control Management
text: Pub. L. 106–53, title V, § 511, Aug. 17, 1999, 113 Stat. 341, provided that:
“(a) In General.—
In evaluating potential improvements for water control management activities and consolidation of water control management centers, the Secretary may consider a regionalized water control management plan but may not implement such a plan until the date on which a report is submitted under subsection (b).
“(b) Report.—
Not later than 180 days after the date of enactment of this Act [Aug. 17, 1999], the Secretary shall submit to the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives and the Committee on Environment and Public Works and the Committee on Appropriations of the Senate a report containing—
“(1) a description of the primary objectives of streamlining water control management activities;
“(2) a description of the benefits provided by streamlining water control management activities through consolidation of centers for those activities;
“(3) a determination whether the benefits to users of establishing regional water control management centers will be retained in each district office of the Corps of Engineers that does not have a regional center;
“(4) a determination whether users of regional centers will receive a higher level of benefits from streamlining water control management activities; and
“(5) a list of the members of Congress who represent a district that includes a water control management center that is to be eliminated under a proposed regionalized plan.”
heading: Buy American; Sense of Congress; Requirement Regarding Notice
text: Pub. L. 106–53, title II, § 222, Aug. 17, 1999, 113 Stat. 295, provided that:
“(a) In General.—
It is the sense of Congress that, to the extent practicable, all equipment and products purchased with funds made available under this Act [see Tables for classification] should be American made.
“(b) Notice to Recipients of Assistance.—
In providing financial assistance under this Act, the Secretary, to the greatest extent practicable, shall provide to each recipient of the assistance a notice describing the statement made in subsection (a).”
Pub. L. 104–303, title II, § 235, Oct. 12, 1996, 110 Stat. 3704, provided that:
“(a) Purchase of American-Made Equipment and Products.—
It is the sense of Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Act [see Tables for classification] should be American-made.
“(b) Notice to Recipients of Assistance.—
In providing financial assistance under this Act, the Secretary, to the greatest extent practicable, shall provide to each recipient of the assistance a notice describing the statement made in subsection (a).”
heading: Budget Act Requirements
text: Pub. L. 99–662, title IX, § 948, Nov. 17, 1986, 100 Stat. 4201, provided that: “Any spending authority under this Act [see Short Title note above] shall be effective only to such extent and in such amounts as are provided in appropriation Acts. For purposes of this Act, the term ‘spending authority’ has the meaning provided in section 401(c)(2) of the Congressional Budget Act of 1974 [2 U.S.C. 651(c)(2)], except that such term does not include spending authority for which an exception is made under section 401(d) of such Act.”
heading: “Secretary” Defined
text: Pub. L. 110–114, § 2, Nov. 8, 2007, 121 Stat. 1049, provided that: “In this Act [see Tables for classification], the term ‘Secretary’ means the Secretary of the Army.”
Pub. L. 106–541, § 2, Dec. 11, 2000, 114 Stat. 2575, provided that: “In this Act [see Tables for classification], the term ‘Secretary’ means the Secretary of the Army.”
Pub. L. 106–53, § 2, Aug. 17, 1999, 113 Stat. 273, provided that: “In this Act [see Tables for classification], the term ‘Secretary’ means the Secretary of the Army.”
Pub. L. 104–303, § 2, Oct. 12, 1996, 110 Stat. 3662, provided that: “In this Act [see Tables for classification], the term ‘Secretary’ means the Secretary of the Army.”
Pub. L. 102–580, § 3, Oct. 31, 1992, 106 Stat. 4801, provided that: “For purposes of this Act [see Short Title of 1992 Amendment note above], the term ‘Secretary’ means the Secretary of the Army.”
Pub. L. 101–640, § 2, Nov. 28, 1990, 104 Stat. 4605, provided that: “For purposes of this Act [see Short Title of 1990 Amendment note above], the term ‘Secretary’ means the Secretary of the Army.”
Pub. L. 100–676, § 2, Nov. 17, 1988, 102 Stat. 4013, provided that: “For purposes of this Act [see Short Title of 1988 Amendment note above], the term ‘Secretary’ means the Secretary of the Army.”