dreamproit/uscode huggingface dataset:
33 U.S.C. § 3305 (NAVIGATION AND NAVIGABLE WATERS)
§ 3305. Authorization of appropriations
There is authorized to be appropriated to the Secretary—
(1) to carry out sections 3302, 3303a(c), 3303a(d), 3303a(e), and 3303a(f) of this title, $4,000,000 for each of fiscal years 2015 through 2019;
(2) to carry out section 3303 of this title, $20,000,000 for each of fiscal years 2015 through 2019; and
(3) to carry out section 3303a(h) of this title, $30,000,000 for each of fiscal years 2015 through 2019.
(Pub. L. 110–114, title IX, § 9008, formerly § 9006, Nov. 8, 2007, 121 Stat. 1291; renumbered § 9008 and amended Pub. L. 113–121, title III, § 3016(e)(1), (f), June 10, 2014, 128 Stat. 1293, 1300.)
heading: Amendments
text: 2014—Pub. L. 113–121, § 3016(f)(2), substituted “Secretary—” for “Secretary to carry out this chapter $20,000,000 for each of fiscal years 2008 through 2013.” and added pars. (1) to (3).
Pub. L. 113–121, § 3016(f)(1), which directed the substitution of “is” for “are”, could not be executed because “are” does not appear in text.
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. § 3507 (NAVIGATION AND NAVIGABLE WATERS)
§ 3507. Definitions
In this chapter:
(1) Administrator
The term “Administrator’ ” 1 means the Administrator of the National Oceanic and Atmospheric Administration.
(2) Coastal state
The term “coastal state” has the meaning given that term by section 1453(4) of title 16.
(3) Committee
The term “Committee” means the Interagency Ocean and Coastal Mapping Committee established by section 3502 of this title.
(4) Exclusive economic zone
The term “exclusive economic zone” means the exclusive economic zone of the United States established by Presidential Proclamation No. 5030, of March 10, 1983.
(5) Ocean and coastal mapping
The term “ocean and coastal mapping” means the acquisition, processing, and management of physical, biological, geological, chemical, and archaeological characteristics and boundaries of ocean and coastal areas, resources, and sea beds through the use of acoustics, satellites, aerial photogrammetry, light and imaging, direct sampling, and other mapping technologies.
(6) Territorial sea
The term “territorial sea” means the belt of sea measured from the baseline of the United States determined in accordance with international law, as set forth in Presidential Proclamation Number 5928, dated December 27, 1988.
(7) Nongovernmental entities
The term “nongovernmental entities” includes nongovernmental organizations, members of the academic community, and private sector organizations that provide products and services associated with measuring, locating, and preparing maps, charts, surveys, aerial photographs, satellite imagines,2 or other graphical or digital presentations depicting natural or manmade physical features, phenomena, and legal boundaries of the Earth.
(8) Outer Continental Shelf
The term “Outer Continental Shelf” means all submerged lands lying seaward and outside of lands beneath navigable waters (as that term is defined in section 1301 of title 43), and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control.
(Pub. L. 111–11, title XII, § 12208, Mar. 30, 2009, 123 Stat. 1426.)
heading: References in Text
text: Presidential Proclamation No. 5030, referred to in par. (4), is set out under section 1453 of Title 16, Conservation.
Presidential Proclamation Number 5928, referred to in par. (6), is set out under section 1331 of Title 43, Public Lands.
33 U.S.C. § 3902 (NAVIGATION AND NAVIGABLE WATERS)
§ 3902. Authority to provide assistance
(a) In general
The Secretary and the Administrator may provide financial assistance under this chapter to carry out pilot projects, which shall be selected to ensure a diversity of project types and geographical locations.
(b) Responsibility
(1) Secretary
The Secretary shall carry out all pilot projects under this chapter that are eligible projects under section 3905(1) of this title.
(2) Administrator
The Administrator shall carry out all pilot projects under this chapter that are eligible projects under paragraphs (2), (3), (4), (5), (6), and (8) of section 3905 of this title.
(3) Other projects
The Secretary or the Administrator, as applicable, may carry out eligible projects under paragraph (7) or (9) of section 3905 of this title.
(Pub. L. 113–121, title V, § 5023, June 10, 2014, 128 Stat. 1333.)
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section 2201 of this title.
33 U.S.C. § 3903 (NAVIGATION AND NAVIGABLE WATERS)
§ 3903. Applications
(a) In general
To receive assistance under this chapter, an eligible entity shall submit to the Secretary or the Administrator, as applicable, an application at such time, in such manner, and containing such information as the Secretary or the Administrator may require.
(b) Combined projects
In the case of an eligible project described in paragraph (8) or (9) of section 3905 of this title, the Secretary or the Administrator, as applicable, shall require the eligible entity to submit a single application for the combined group of projects.
(Pub. L. 113–121, title V, § 5024, June 10, 2014, 128 Stat. 1333.)
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section 2201 of this title.
33 U.S.C. § 3904 (NAVIGATION AND NAVIGABLE WATERS)
§ 3904. Eligible entities
The following entities are eligible to receive assistance under this chapter:
(1) A corporation.
(2) A partnership.
(3) A joint venture.
(4) A trust.
(5) A Federal, State, or local governmental entity, agency, or instrumentality.
(6) A tribal government or consortium of tribal governments.
(7) A State infrastructure financing authority.
(Pub. L. 113–121, title V, § 5025, June 10, 2014, 128 Stat. 1334.)
33 U.S.C. § 3905 (NAVIGATION AND NAVIGABLE WATERS)
§ 3905. Projects eligible for assistance
The following projects may be carried out with amounts made available under this chapter:
(1) Any project for flood damage reduction, hurricane and storm damage reduction, environmental restoration, coastal or inland harbor navigation improvement, or inland and intracoastal waterways navigation improvement that the Secretary determines is technically sound, economically justified, and environmentally acceptable, including—
(A) a project to reduce flood damage;
(B) a project to restore aquatic ecosystems;
(C) a project to improve the inland and intracoastal waterways navigation system of the United States; and
(D) a project to improve navigation of a coastal or inland harbor of the United States, including channel deepening and construction of associated general navigation features.
(2) 1 or more activities that are eligible for assistance under section 1383(c) of this title, notwithstanding the public ownership requirement under paragraph (1) of that subsection.
(3) 1 or more activities described in section 300j–12(a)(2) of title 42.
(4) A project for enhanced energy efficiency in the operation of a public water system or a publicly owned treatment works.
(5) A project for repair, rehabilitation, or replacement of a treatment works, community water system, or aging water distribution or waste collection facility (including a facility that serves a population or community of an Indian reservation).
(6) A brackish or sea water desalination project, a managed aquifer recharge project, or a water recycling project.
(7) Acquisition of real property or an interest in real property—
(A) if the acquisition is integral to a project described in paragraphs (1) through (6); or
(B) pursuant to an existing plan that, in the judgment of the Administrator or the Secretary, as applicable, would mitigate the environmental impacts of water resources infrastructure projects otherwise eligible for assistance under this section.
(8) A combination of projects, each of which is eligible under paragraph (2) or (3), for which a State infrastructure financing authority submits to the Administrator a single application.
(9) A combination of projects secured by a common security pledge, each of which is eligible under paragraph (1), (2), (3), (4), (5), (6), or (7), for which an eligible entity, or a combination of eligible entities, submits a single application.
(Pub. L. 113–121, title V, § 5026, June 10, 2014, 128 Stat. 1334.)
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section 2201 of this title.
33 U.S.C. § 3906 (NAVIGATION AND NAVIGABLE WATERS)
§ 3906. Activities eligible for assistance
For purposes of this chapter, an eligible activity with respect to an eligible project includes the cost of—
(1) development-phase activities, including planning, feasibility analysis (including any related analysis necessary to carry out an eligible project), revenue forecasting, environmental review, permitting, preliminary engineering and design work, and other preconstruction activities;
(2) construction, reconstruction, rehabilitation, and replacement activities;
(3) the acquisition of real property or an interest in real property (including water rights, land relating to the project, and improvements to land), environmental mitigation (including acquisitions pursuant to section 3905(7) of this title), construction contingencies, and acquisition of equipment; and
(4) capitalized interest necessary to meet market requirements, reasonably required reserve funds, capital issuance expenses, and other carrying costs during construction.
(Pub. L. 113–121, title V, § 5027, June 10, 2014, 128 Stat. 1335.)
33 U.S.C. § 3909 (NAVIGATION AND NAVIGABLE WATERS)
§ 3909. Program administration
(a) Requirement
The Secretary or the Administrator, as applicable, shall establish a uniform system to service the Federal credit instruments made available under this chapter.
(b) Fees
(1) In general
The Secretary or the Administrator, as applicable, may collect and spend fees, contingent on authority being provided in appropriations Acts, at a level that is sufficient to cover—
(A) the costs of services of expert firms retained pursuant to subsection (d); and
(B) all or a portion of the costs to the Federal Government of servicing the Federal credit instruments provided under this chapter.
(c) Servicer
(1) In general
The Secretary or the Administrator, as applicable, may appoint a financial entity to assist the Secretary or the Administrator in servicing the Federal credit instruments provided under this chapter.
(2) Duties
A servicer appointed under paragraph (1) shall act as the agent for the Secretary or the Administrator, as applicable.
(3) Fee
A servicer appointed under paragraph (1) shall receive a servicing fee, subject to approval by the Secretary or the Administrator, as applicable.
(d) Assistance from experts
The Secretary or the Administrator, as applicable, may retain the services, including counsel, of organizations and entities with expertise in the field of municipal and project finance to assist in the underwriting and servicing of Federal credit instruments provided under this chapter.
(e) Applicability of other laws
Section 513 of the Federal Water Pollution Control Act (33 U.S.C. 1372) applies to the construction of a project carried out, in whole or in part, with assistance made available through a Federal credit instrument under this chapter in the same manner that section applies to a treatment works for which a grant is made available under that Act.
(Pub. L. 113–121, title V, § 5030, June 10, 2014, 128 Stat. 1341.)
heading: References in Text
text: The Federal Water Pollution Control Act, referred to in subsec. (e), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of this title and Tables.
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section 2201 of this title.
33 U.S.C. § 3910 (NAVIGATION AND NAVIGABLE WATERS)
§ 3910. State, tribal, and local permits
The provision of financial assistance for a project under this chapter shall not—
(1) relieve any recipient of the assistance of any obligation to obtain any required State, local, or tribal permit or approval with respect to the project;
(2) limit the right of any unit of State, local, or tribal government to approve or regulate any rate of return on private equity invested in the project; or
(3) otherwise supersede any State, local, or tribal law (including any regulation) applicable to the construction or operation of the project.
(Pub. L. 113–121, title V, § 5031, June 10, 2014, 128 Stat. 1342.)
33 U.S.C. § 3911 (NAVIGATION AND NAVIGABLE WATERS)
§ 3911. Regulations
The Secretary or the Administrator, as applicable, may promulgate such regulations as the Secretary or Administrator determines to be appropriate to carry out this chapter.
(Pub. L. 113–121, title V, § 5032, June 10, 2014, 128 Stat. 1342.)
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section 2201 of this title.
33 U.S.C. § 3912 (NAVIGATION AND NAVIGABLE WATERS)
§ 3912. Funding
(a) In general
There is authorized to be appropriated to each of the Secretary and the Administrator to carry out this chapter, to remain available until expended—
(1) $20,000,000 for fiscal year 2015;
(2) $25,000,000 for fiscal year 2016;
(3) $35,000,000 for fiscal year 2017;
(4) $45,000,000 for fiscal year 2018; and
(5) $50,000,000 for fiscal year 2019.
(b) Administrative costs
Of the funds made available to carry out this chapter, the Secretary or the Administrator, as applicable, may use for the administration of this chapter, including for the provision of technical assistance to aid project sponsors in obtaining the necessary approvals for the project, not more than $2,200,000 for each of fiscal years 2015 through 2019.
(c) Small community water infrastructure projects
(1) In general
For each fiscal year, the Secretary or the Administrator, as applicable, shall set aside not less than 15 percent of the amounts made available for that fiscal year under this section for small community water infrastructure projects described in section 3907(a)(2)(B) of this title.
(2) Administration
Any amounts set aside under paragraph (1) that remain unobligated on June 1 of the fiscal year for which the amounts are set aside shall be available for obligation by the Secretary or the Administrator, as applicable, for projects other than small community water infrastructure projects.
(d) Additional funding
Notwithstanding section 3908(b)(2) of this title, the Secretary or the Administrator, as applicable, may make available up to 25 percent of the amounts made available for each fiscal year under this section for loans in excess of 49 percent of the total project costs.
(Pub. L. 113–121, title V, § 5033, June 10, 2014, 128 Stat. 1342.)
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section 2201 of this title.
33 U.S.C. § 3914 (NAVIGATION AND NAVIGABLE WATERS)
§ 3914. Requirements
(a) In general
Except as provided in subsection (c), none of the amounts made available under this chapter may be used for the construction, alteration, maintenance, or repair of a project eligible for assistance under this chapter unless all of the iron and steel products used in the project are produced in the United States.
(b) Definition of iron and steel products
In this section, the term “iron and steel products” means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials.
(c) Application
Subsection (a) shall not apply in any case or category of cases in which the Administrator finds that—
(1) applying subsection (a) would be inconsistent with the public interest;
(2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or
(3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent.
(d) Waiver
If the Administrator receives a request for a waiver under this section, the Administrator shall make available to the public, on an informal basis, a copy of the request and information available to the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Administrator shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Environmental Protection Agency.
(e) International agreements
This section shall be applied in a manner consistent with United States obligations under international agreements.
(Pub. L. 113–121, title V, § 5035, June 10, 2014, 128 Stat. 1344.)
42 U.S.C. § 1962d–5f (THE PUBLIC HEALTH AND WELFARE)
§ 1962d–5f. Beach nourishment
(a) In general
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.
(b) Review
Notwithstanding subsection (a), the Secretary shall, at the request of the non-Federal interest, carry out a study to determine the feasibility of extending the period of nourishment described in subsection (a) for a period not to exceed 15 additional years beyond the maximum period described in subsection (a).
(c) Plan for reducing risk to people and property
(1) In general
As part of the review described in subsection (b), the non-Federal interest shall submit to the Secretary a plan for reducing risk to people and property during the life of the project.
(2) Inclusion of plan in recommendation to Congress
The Secretary shall include the plan described in subsection (a) in the recommendations to Congress described in subsection (d).
(d) Report to Congress
Upon completion of the review described in subsection (b), the Secretary shall—
(1) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives any recommendations of the Secretary related to the review; and
(2) include in the subsequent annual report to Congress required under section 2282d of title 33, any recommendations that require specific congressional authorization.
(e) Special rule
Notwithstanding any other provision of this section, for any existing authorized water resources development project for which the maximum period for nourishment described in subsection (a) will expire within the 5 year-period beginning on June 10, 2014, that project shall remain eligible for nourishment for an additional 3 years after the expiration of such period.
(Pub. L. 94–587, § 156, Oct. 22, 1976, 90 Stat. 2933; Pub. L. 99–662, title IX, § 934, Nov. 17, 1986, 100 Stat. 4197; Pub. L. 113–121, title I, § 1037(a), June 10, 2014, 128 Stat. 1235.)
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: 2014—Pub. L. 113–121 designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) to (e).
1986—Pub. L. 99–662 substituted “fiftieth” for “fifteenth”.
42 U.S.C. § 4131 (THE PUBLIC HEALTH AND WELFARE)
§ 4131. Levee certifications
(a) Implementation of Flood Protection Structure Accreditation Task Force
In carrying out section 100226 of Public Law 112–141 (42 U.S.C. 4101 note; 126 Stat. 942), the Secretary shall—
(1) ensure that at least 1 program activity carried out under the inspection of completed works program of the Corps of Engineers provides adequate information to the Secretary to reach a levee accreditation decision under section 65.10 of title 44, Code of Federal Regulations (or successor regulation); and
(2) to the maximum extent practicable, carry out activities under the inspection of completed works program of the Corps of Engineers in alignment with the schedule established for the national flood insurance program established under chapter 1 1 of the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.).
(b) Accelerated levee system evaluations
(1) In general
On receipt of a request from a non-Federal interest, the Secretary may carry out a levee system evaluation of a federally authorized levee for purposes of the national flood insurance program established under chapter 1 1 of the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.) if the evaluation will be carried out earlier than such an evaluation would be carried out under subsection (a).
(2) Requirements
A levee system evaluation under paragraph (1) shall—
(A) at a minimum, comply with section 65.10 of title 44, Code of Federal Regulations (as in effect on June 10, 2014); and
(B) be carried out in accordance with such procedures as the Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, may establish.
(3) Funding
(A) In general
The Secretary may use amounts made available under section 1962d–16 of this title to carry out this subsection.
(B) Cost share
The Secretary shall apply the cost share under section 1962d–16(b) of this title to any activities carried out under this subsection.
(Pub. L. 113–121, title III, § 3014, June 10, 2014, 128 Stat. 1287.)
heading: References in Text
text: The National Flood Insurance Act of 1968, referred to in subsecs. (a)(2) and (b)(1), is title XIII of Pub. L. 90–448, Aug. 1, 1968, 82 Stat. 572, which is classified principally to this chapter. Chapter I of the Act is classified principally to subchapter I (§ 4011 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of this title and Tables.
heading: Codification
text: Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the National Flood Insurance Act of 1968 which comprises this chapter.
heading: Definition of “Secretary”
text: Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section 2201 of Title 33, Navigation and Navigable Waters.
43 U.S.C. § 390b–1 (PUBLIC LANDS)
§ 390b–1. Improving planning and administration of water supply storage
(1) In general
For each water supply feature of a reservoir managed by the Secretary, the Secretary shall notify the applicable non-Federal interests before each fiscal year of the anticipated operation and maintenance activities for that fiscal year and each of the subsequent 4 fiscal years (including the cost of those activities) for which the non-Federal interests are required to contribute amounts.
(2) Clarification
The information provided to a non-Federal interest under paragraph (1) shall—
(A) be an estimate which the non-Federal interest may use for planning purposes; and
(B) not be construed as or relied upon by the non-Federal interest as the actual amounts that the non-Federal interest will be required to contribute.
(Pub. L. 113–121, title I, § 1046(b), June 10, 2014, 128 Stat. 1254.)
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section 2201 of Title 33, Navigation and Navigable Waters.