dreamproit/uscode huggingface dataset:
33 U.S.C. § 400 (NAVIGATION AND NAVIGABLE WATERS)
§ 400. Continuing authority programs
(1) Definition of continuing authority program project
In this section, the term “continuing authority program” means 1 of the following authorities:
(A) Section 701s of this title.
(B) Section 426i of this title.
(C) Section 2330 of this title.
(D) Section 2309a of this title.
(E) Section 577 of this title.
(F) Section 426g of this title.
(G) Section 701r of this title.
(H) Section 103 of the River and Harbor Act of 1962 (Public Law 87–874; 76 Stat. 1178).
(I) Section 2326(e) of this title.
(J) Section 701b–8a of this title.
(K) Section 610(a) of this title.
(2) Prioritization
Not later than 1 year after June 10, 2014, the Secretary shall publish in the Federal Register and on a publicly available website, the criteria the Secretary uses for prioritizing annual funding for continuing authority program projects.
(3) Annual report
Not later than 1 year after June 10, 2014, and each year thereafter, the Secretary shall publish in the Federal Register and on a publicly available website, a report on the status of each continuing authority program, which, at a minimum, shall include—
(A) the name and a short description of each active continuing authority program project;
(B) the cost estimate to complete each active project; and
(C) the funding available in that fiscal year for each continuing authority program.
(4) Congressional notification
On publication in the Federal Register under paragraphs (2) and (3), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a copy of all information published under those paragraphs.
(Pub. L. 113–121, title I, § 1030(a), June 10, 2014, 128 Stat. 1231.)
heading: References in Text
text: Section 103 of the River and Harbor Act of 1962, referred to in par. (1)(H), is section 103 of Pub. L. 87–874, title I, Oct. 23, 1962, 76 Stat. 1178. Section 103(a)(1)–(3) of Pub. L. 87–874 amended section 426e of this title. Section 103(a)(4) of Pub. L. 87–874 amended sections 426f and 426g of this title. Section 103(b) of Pub. L. 87–874 is set out as a note under section 426 of this title. Section 103(c) of Pub. L. 87–874 is not classified to the Code.
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. § 426e–2 (NAVIGATION AND NAVIGABLE WATERS)
§ 426e–2. Clarification of munition disposal authorities
(a) In general
The Secretary may implement any response action the Secretary determines to be necessary at a site where—
(1) the Secretary has carried out a project under civil works authority of the Secretary that includes placing sand on a beach; and
(2) as a result of the project described in paragraph (1), military munitions that were originally released as a result of Department of Defense activities are deposited on the beach, posing a threat to human health or the environment.
(b) Response action funding
A response action described in subsection (a) shall be funded from amounts made available to the agency within the Department of Defense responsible for the original release of the munitions.
(Pub. L. 113–121, title I, § 1027, June 10, 2014, 128 Stat. 1230.)
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. § 426h–1 (NAVIGATION AND NAVIGABLE WATERS)
§ 426h–1. Definitions
In sections 426e and 426f to 426h–1 of this title, the following definitions apply:
(1) Erosion control program
The term “erosion control program” means the national shoreline erosion control development and demonstration program established under this section.
(2) Secretary
The term “Secretary” means the Secretary of the Army.
(3) Separable element
The term “separable element” has the meaning provided by section 2213(f) of this title.
(4) Shore
The term “shore” includes each shoreline of the Atlantic and Pacific Oceans, the Gulf of Mexico, the Great Lakes, and lakes, estuaries, and bays directly connected therewith.
(5) Shore protection project
The term “shore protection project” includes a project for beach nourishment, including the replacement of sand.
(Aug. 13, 1946, ch. 960, § 6, as added Pub. L. 104–303, title II, § 227(e)(1), Oct. 12, 1996, 110 Stat. 3702.)
33 U.S.C. § 426i (NAVIGATION AND NAVIGABLE WATERS)
§ 426i. Shore damage prevention or mitigation
(a) In general
The Secretary of the Army is authorized to investigate, study, plan, and implement structural and nonstructural measures for the prevention or mitigation of shore damages attributable to Federal navigation works and shore damage attributable to the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway, if a non-Federal public body agrees to operate and maintain such measures, and, in the case of interests in real property acquired in conjunction with nonstructural measures, to operate and maintain the property for public purposes in accordance with regulations prescribed by the Secretary.
(b) Cost sharing
The costs of implementing measures under this section shall be cost-shared in the same proportion as the cost-sharing provisions applicable to the project causing the shore damage.
(c) Requirement for specific authorization
No such project shall be initiated without specific authorization by Congress if the Federal first cost exceeds $10,000,000.
(d) Coordination
The Secretary shall—
(1) coordinate the implementation of the measures under this section with other Federal and non-Federal shore protection projects in the same geographic area; and
(2) to the extent practicable, combine mitigation projects with other shore protection projects in the same area into a comprehensive regional project.
(Pub. L. 90–483, title I, § 111, Aug. 13, 1968, 82 Stat. 735; Pub. L. 99–662, title IX, §§ 915(f), 940, Nov. 17, 1986, 100 Stat. 4191, 4199; Pub. L. 106–53, title II, § 214, Aug. 17, 1999, 113 Stat. 291; Pub. L. 113–121, title I, § 1030(c), June 10, 2014, 128 Stat. 1232.)
heading: Amendments
text: 2014—Subsec. (c). Pub. L. 113–121 substituted “$10,000,000” for “$5,000,000”.
1999—Pub. L. 106–53 designated first sentence as subsec. (a), inserted heading, and inserted “and shore damage attributable to the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway” after “navigation works”, designated second sentence as subsec. (b) and inserted heading, and designated third sentence as subsec. (c), inserted heading, and substituted “$5,000,000” for “$2,000,000”, and added subsec. (d).
1986—Pub. L. 99–662, § 940, amended section generally. Prior to amendment, section read as follows: “The Secretary of the Army, acting through the Chief of Engineers, is authorized to investigate, study, and construct projects for the prevention or mitigation of shore damages attributable to Federal navigation works. The cost of installing, operating, and maintaining such projects shall be borne entirely by the United States. No such project shall be constructed without specific authorization by Congress if the estimated first cost exceeds $2,000,000.”
Pub. L. 99–662, § 915(f), substituted “$2,000,000” for “$1,000,000”.
heading: Effective Date of 1986 Amendment
text: Amendment by section 915(f) of Pub. L. 99–662 not applicable to any project under contract for construction on Nov. 17, 1986, see section 915(i) of Pub. L. 99–662, set out as a note under section 426g of this title.
33 U.S.C. § 426i–1 (NAVIGATION AND NAVIGABLE WATERS)
§ 426i–1. Repealed. Pub. L. 113–121, title I, § 1014(c)(2), June 10, 2014, 128 Stat. 1222
text: Section, Pub. L. 102–580, title II, § 206, Oct. 31, 1992, 106 Stat. 4828; Pub. L. 104–303, title II, § 227(c)(2), Oct. 12, 1996, 110 Stat. 3700, related to construction of shoreline protection projects by non-Federal interests.
33 U.S.C. § 467a (NAVIGATION AND NAVIGABLE WATERS)
§ 467a. Inspection of dams
(a) In general
As soon as practicable, the Secretary of the Army, acting through the Chief of Engineers, shall carry out a national program of inspection of dams for the purpose of protecting human life and property. All dams in the United States shall be inspected by the Secretary except (1) dams under the jurisdiction of the Bureau of Reclamation, the Tennessee Valley Authority, or the International Boundary and Water Commission, (2) dams which have been constructed pursuant to licenses issued under the authority of the Federal Power Act [16 U.S.C. 791a et seq.], (3) dams which have been inspected within the twelve-month period immediately prior to August 8, 1972, by a State agency and which the Governor of such State requests be excluded from inspection, and (4) dams which the Secretary of the Army determines do not pose any threat to human life or property. The Secretary may inspect dams which have been licensed under the Federal Power Act upon request of the Federal Energy Regulatory Commission and dams under the jurisdiction of the International Boundary and Water Commission upon request of such Commission.
(b) State participation
On request of a State dam safety agency, with respect to any dam the failure of which would affect the State, the head of a Federal agency shall—
(1) provide information to the State dam safety agency on the construction, operation, maintenance, condition, or provisions for emergency operations of the dam; or
(2) allow any official of the State dam safety agency to participate in the Federal inspection of the dam.
(Pub. L. 92–367, § 3, formerly § 2, Aug. 8, 1972, 86 Stat. 506; Pub. L. 95–91, title IV, § 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583; renumbered § 3 and amended Pub. L. 104–303, title II, § 215(c)(3), (5), Oct. 12, 1996, 110 Stat. 3685, 3687; Pub. L. 113–121, title III, § 3001(b), June 10, 2014, 128 Stat. 1282.)
heading: References in Text
text: The Federal Power Act, referred to in subsec. (a), is act June 10, 1920, ch. 285, 41 Stat. 1063, as amended, which is classified generally to chapter 12 (§ 791a et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see section 791a of Title 16 and Tables.
heading: Prior Provisions
text: A prior section 3 of Pub. L. 92–367 was renumbered section 4 and is classified to section 467b of this title.
heading: Amendments
text: 2014—Subsec. (b)(1). Pub. L. 113–121 substituted “maintenance, condition, or provisions for emergency operations” for “or maintenance”.
1996—Pub. L. 104–303 inserted section catchline, designated existing provisions as subsec. (a) and inserted heading, and added subsec. (b).
heading: Transfer of Functions
text: “Federal Energy Regulatory Commission” substituted in text for “Federal Power Commission” on authority of Pub. L. 95–91, title IV, § 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583, which is classified to section 7172(a)(1)(A) of Title 42, The Public Health and Welfare.
33 U.S.C. § 467e (NAVIGATION AND NAVIGABLE WATERS)
§ 467e. Interagency Committee on Dam Safety
(a) Establishment
There is established an Interagency Committee on Dam Safety—
(1) comprised of a representative of each of the Department of Agriculture, the Department of Defense, the Department of Energy, the Department of the Interior, the Department of Labor, FEMA, the Federal Energy Regulatory Commission, the Nuclear Regulatory Commission, the Tennessee Valley Authority, and the United States Section of the International Boundary Commission; and
(2) chaired by the Administrator.
(b) Duties
ICODS shall encourage the establishment and maintenance of effective Federal programs, policies, and guidelines intended to enhance dam safety for the protection of human life and property through coordination and information exchange among Federal agencies concerning implementation of the Federal Guidelines for Dam Safety.
(Pub. L. 92–367, § 7, as added Pub. L. 104–303, title II, § 215(c)(8), Oct. 12, 1996, 110 Stat. 3687; amended Pub. L. 107–310, § 2, Dec. 2, 2002, 116 Stat. 2450; Pub. L. 113–121, title III, § 3001(a)(1), June 10, 2014, 128 Stat. 1282.)
heading: Prior Provisions
text: A prior section 467e, Pub. L. 92–367, § 6, Aug. 8, 1972, 86 Stat. 507, directed that existing liabilities and obligations be unaffected, prior to repeal by Pub. L. 104–303, title II, § 215(c)(2), Oct. 12, 1996, 110 Stat. 3685.
A prior section 7 of Pub. L. 92–367 was classified to section 467f of this title prior to repeal by Pub. L. 104–303.
heading: Amendments
text: 2014—Subsec. (a)(2). Pub. L. 113–121 substituted “Administrator” for “Director”.
2002—Subsec. (b). Pub. L. 107–310 substituted “Federal programs” for “Federal and State programs” and “through coordination and information exchange among Federal agencies concerning implementation of the Federal Guidelines for Dam Safety.” for “through—
“(1) coordination and information exchange among Federal agencies and State dam safety agencies; and
“(2) coordination and information exchange among Federal agencies concerning implementation of the Federal Guidelines for Dam Safety.”
heading: Transfer of Functions
text: For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Administrator of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
33 U.S.C. § 467g (NAVIGATION AND NAVIGABLE WATERS)
§ 467g. Research
(a) In general
The Administrator, in cooperation with the Board, shall carry out a program of technical and archival research to develop and support—
(1) improved techniques, historical experience, and equipment for rapid and effective dam construction, rehabilitation, and inspection;
(2) devices for the continued monitoring of the safety of dams;
(3) development and maintenance of information resources systems needed to support managing the safety of dams; and
(4) initiatives to guide the formulation of effective public policy and advance improvements in dam safety engineering, security, and management.
(b) Consultation
The Administrator shall provide for State participation in research under subsection (a) of this section and periodically advise all States and Congress of the results of the research.
(Pub. L. 92–367, § 9, as added Pub. L. 104–303, title II, § 215(c)(8), Oct. 12, 1996, 110 Stat. 3692; amended Pub. L. 107–310, § 4, Dec. 2, 2002, 116 Stat. 2453; Pub. L. 113–121, title III, § 3001(a)(1), June 10, 2014, 128 Stat. 1282.)
heading: Prior Provisions
text: A prior section 467g, Pub. L. 92–367, § 8, as added Pub. L. 99–662, title XII, § 1201(b), Nov. 17, 1986, 100 Stat. 4261, set out the requisite features of State dam safety programs and provided for program approval and periodic review, prior to repeal by Pub. L. 104–303, title II, § 215(c)(2), Oct. 12, 1996, 110 Stat. 3685.
A prior section 9 of Pub. L. 92–367 was classified to section 467h of this title prior to repeal by Pub. L. 104–303.
heading: Amendments
text: 2014—Pub. L. 113–121 substituted “Administrator” for “Director” in introductory provisions of subsecs. (a) and (b).
2002—Subsec. (a). Pub. L. 107–310, § 4(1), in introductory provisions, substituted “in cooperation with the Board” for “in cooperation with ICODS” and inserted “and support” after “develop”.
Subsec. (a)(3), (4). Pub. L. 107–310, § 4(2)–(4), added pars. (3) and (4).
33 U.S.C. § 467g–1 (NAVIGATION AND NAVIGABLE WATERS)
§ 467g–1. Dam safety training
At the request of any State that has or intends to develop a State dam safety program, the Administrator shall provide training for State dam safety staff and inspectors.
(Pub. L. 92–367, § 10, as added Pub. L. 107–310, § 5(2), Dec. 2, 2002, 116 Stat. 2453; amended Pub. L. 113–121, title III, § 3001(a)(1), June 10, 2014, 128 Stat. 1282.)
heading: Prior Provisions
text: A prior section 10 of Pub. L. 92–367 was renumbered section 12, and is classified to section 467h of this title.
Another prior section 10 of Pub. L. 92–367 was classified to section 467i of this title prior to repeal by Pub. L. 104–303.
heading: Amendments
text: 2014—Pub. L. 113–121 substituted “Administrator” for “Director”.
33 U.S.C. § 467g–2 (NAVIGATION AND NAVIGABLE WATERS)
§ 467g–2. Public awareness and outreach for dam safety
The Administrator, in consultation with other Federal agencies, State and local governments, dam owners, the emergency management community, the private sector, nongovernmental organizations and associations, institutions of higher education, and any other appropriate entities shall, subject to the availability of appropriations, carry out a nationwide public awareness and outreach initiative to assist the public in preparing for, mitigating, responding to, and recovering from dam incidents.
(Pub. L. 92–367, § 11, as added Pub. L. 113–121, title III, § 3001(d)(2), June 10, 2014, 128 Stat. 1283.)
heading: Prior Provisions
text: A prior section 11 of Pub. L. 92–367 was renumbered section 12, and is classified to section 467h of this title.
Another prior section 11 of Pub. L. 92–367 was classified to section 467j of this title prior to repeal by Pub. L. 104–303.
33 U.S.C. § 467h (NAVIGATION AND NAVIGABLE WATERS)
§ 467h. Reports
Not later than 90 days after the end of each odd-numbered fiscal year, the Administrator shall submit a report to Congress that—
(1) describes the status of the Program;
(2) describes the progress achieved by Federal agencies during the 2 preceding fiscal years in implementing the Federal Guidelines for Dam Safety;
(3) describes the progress achieved in dam safety by States participating in the Program; and
(4) includes any recommendations for legislative and other action that the Administrator considers necessary.
(Pub. L. 92–367, § 12, formerly § 10, as added Pub. L. 104–303, title II, § 215(c)(8), Oct. 12, 1996, 110 Stat. 3692; renumbered § 11 and amended Pub. L. 107–310, §§ 5(1), 6, Dec. 2, 2002, 116 Stat. 2453; renumbered § 12 and amended Pub. L. 113–121, title III, § 3001(a)(1), (d)(1), June 10, 2014, 128 Stat. 1282, 1283.)
heading: Prior Provisions
text: A prior section 467h, Pub. L. 92–367, § 9, as added Pub. L. 99–662, title XII, § 1201(b), Nov. 17, 1986, 100 Stat. 4262, provided for creation of National Dam Safety Review Board, prior to repeal by Pub. L. 104–303, title II, § 215(c)(2), Oct. 12, 1996, 110 Stat. 3685.
A prior section 12 of Pub. L. 92–367 was renumbered section 13, and is classified to section 467i of this title.
Another prior section 12 of Pub. L. 92–367 was classified to section 467k of this title prior to repeal by Pub. L. 104–303.
heading: Amendments
text: 2014—Pub. L. 113–121, § 3001(a)(1), substituted “Administrator” for “Director” in two places.
2002—Pub. L. 107–310, § 6, struck out subsec. designations and headings for subsecs. (a) and (b) and text of subsec. (a) which read as follows: “Not later than 180 days after October 12, 1996, the Director shall report to Congress on the availability of dam insurance and make recommendations concerning encouraging greater availability.”
33 U.S.C. § 467i (NAVIGATION AND NAVIGABLE WATERS)
§ 467i. Statutory construction
Nothing in this subchapter and no action or failure to act under this subchapter shall—
(1) create any liability in the United States or its officers or employees for the recovery of damages caused by such action or failure to act;
(2) relieve an owner or operator of a dam of the legal duties, obligations, or liabilities incident to the ownership or operation of the dam; or
(3) preempt any other Federal or State law.
(Pub. L. 92–367, § 13, formerly § 11, as added Pub. L. 104–303, title II, § 215(c)(8), Oct. 12, 1996, 110 Stat. 3693; renumbered § 12, Pub. L. 107–310, § 5(1), Dec. 2, 2002, 116 Stat. 2453; renumbered § 13, Pub. L. 113–121, title III, § 3001(d)(1), June 10, 2014, 128 Stat. 1283.)
heading: Prior Provisions
text: A prior section 467i, Pub. L. 92–367, § 10, as added Pub. L. 99–662, title XII, § 1201(b), Nov. 17, 1986, 100 Stat. 4262, related to consultation of Federal officers with State officials when dam operated or proposed by Federal agency is operated or proposed in a State, prior to repeal by Pub. L. 104–303, title II, § 215(c)(2), Oct. 12, 1996, 110 Stat. 3685.
A prior section 13 of Pub. L. 92–367 was renumbered section 14, and is classified to section 467j of this title.
Another prior section 13 of Pub. L. 92–367 was classified to section 467l of this title prior to repeal by Pub. L. 104–303.
33 U.S.C. § 569b (NAVIGATION AND NAVIGABLE WATERS)
§ 569b. Contracts; architect and engineering services; surveying and mapping services
Contracts for architect and engineering services, and surveying and mapping services, shall be awarded by the Chief of Engineers in accordance with title IX of the Federal Property and Administrative Services Act of 1949.1
(Pub. L. 98–63, title I, July 30, 1983, 97 Stat. 311.)
heading: References in Text
text: The Federal Property and Administrative Services Act of 1949, referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377. Title IX of the Act, which was classified generally to subchapter VI (§ 541 et seq.) of chapter 10 of former Title 40, Public Buildings, Property, and Works, was repealed and reenacted by Pub. L. 107–217, §§ 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapter 11 (§ 1101 et seq.) of Title 40, Public Buildings, Property, and Works. For disposition of sections of former Title 40 to revised Title 40, see Table preceding section 101 of Title 40. For complete classification of this Act to the Code, see Tables.
33 U.S.C. § 569c (NAVIGATION AND NAVIGABLE WATERS)
§ 569c. Services of volunteers
The United States Army Chief of Engineers may accept the services of volunteers and provide for their incidental expenses, including expenses relating to uniforms, transportation, lodging, and the subsistence of those volunteers, to carry out any activity of the Army Corps of Engineers except policy-making or law or regulatory enforcement. Such volunteers shall not be employees of the United States Government except for the purposes of (1) chapter 171 of title 28, relating to tort claims, and (2) chapter 81 of title 5, relating to compensation for work injuries.
(Pub. L. 98–63, title I, July 30, 1983, 97 Stat. 312; Pub. L. 113–121, title I, § 1047(d), June 10, 2014, 128 Stat. 1256.)
heading: Amendments
text: 2014—Pub. L. 113–121, which directed amendment in the first sentence of chapter IV of title I of Public Law 98–63 (33 U.S.C. 569c) by inserting “, including expenses relating to uniforms, transportation, lodging, and the subsistence of those volunteers,” after “incidental expenses”, was executed by making the insertion in the first sentence of this section to reflect the probable intent of Congress.