dreamproit/uscode huggingface dataset:
33 U.S.C. § 2314b (NAVIGATION AND NAVIGABLE WATERS)
§ 2314b. Advanced modeling technologies
(a) In general
To the greatest extent practicable, the Secretary shall encourage and incorporate advanced modeling technologies, including 3-dimensional digital modeling, that can expedite project delivery or improve the evaluation of water resources development projects that receive Federal funding by—
(1) accelerating and improving the environmental review process;
(2) increasing effective public participation;
(3) enhancing the detail and accuracy of project designs;
(4) increasing safety;
(5) accelerating construction and reducing construction costs; or
(6) otherwise achieving the purposes described in paragraphs (1) through (5).
(b) Activities
In carrying out subsection (a), the Secretary, to the greatest extent practicable, shall—
(1) compile information related to advanced modeling technologies, including industry best practices with respect to the use of the technologies;
(2) disseminate to non-Federal interests the information described in paragraph (1); and
(3) promote the use of advanced modeling technologies.
(Pub. L. 113–121, title I, § 1034, June 10, 2014, 128 Stat. 1234.)
heading: Codification
text: Section was enacted as part of the Water Resources Reform and Development Act of 2014, 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. 113–121, set out as a note under section 2201 of this title.
33 U.S.C. § 2315a (NAVIGATION AND NAVIGABLE WATERS)
§ 2315a. Transparency in accounting and administrative expenses
On the request of a non-Federal interest, the Secretary shall provide to the non-Federal interest a detailed accounting of the Federal expenses associated with a water resources project.
(Pub. L. 113–121, title I, § 1012(a), June 10, 2014, 128 Stat. 1218.)
heading: Codification
text: Section was enacted as part of the Water Resources Reform and Development Act of 2014, 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. 113–121, set out as a note under section 2201 of this title.
33 U.S.C. § 2321b (NAVIGATION AND NAVIGABLE WATERS)
§ 2321b. Expediting hydropower at Corps of Engineers facilities
(a) Policy
Congress declares that it is the policy of the United States that—
(1) the development of non-Federal hydroelectric power at Corps of Engineers civil works projects, including locks and dams, shall be given priority;
(2) Corps of Engineers approval of non-Federal hydroelectric power at Corps of Engineers civil works projects, including permitting required under section 408 of this title, shall be completed by the Corps of Engineers in a timely and consistent manner; and
(3) approval of hydropower at Corps of Engineers civil works projects shall in no way diminish the other priorities and missions of the Corps of Engineers, including authorized project purposes and habitat and environmental protection.
(b) Report
Not later than 2 years after June 10, 2014, and biennially thereafter, 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 and make publicly available a report that, at a minimum, shall include—
(1) a description of initiatives carried out by the Secretary to encourage the development of hydroelectric power by non-Federal entities at Corps of Engineers civil works projects;
(2) a list of all new hydroelectric power activities by non-Federal entities approved at Corps of Engineers civil works projects in that fiscal year, including the length of time the Secretary needed to approve those activities;
(3) a description of the status of each pending application from non-Federal entities for approval to develop hydroelectric power at Corps of Engineers civil works projects;
(4) a description of any benefits or impacts to the environment, recreation, or other uses associated with Corps of Engineers civil works projects at which non-Federal entities have developed hydroelectric power in the previous fiscal year; and
(5) the total annual amount of payments or other services provided to the Corps of Engineers, the Treasury, and any other Federal agency as a result of approved non-Federal hydropower projects at Corps of Engineers civil works projects.
(Pub. L. 113–121, title I, § 1008, June 10, 2014, 128 Stat. 1215.)
heading: Codification
text: Section was enacted as part of the Water Resources Reform and Development Act of 2014, 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. 113–121, set out as a note under section 2201 of this title.
33 U.S.C. § 2325a (NAVIGATION AND NAVIGABLE WATERS)
§ 2325a. Authority to accept and use materials and services
(a) In general
Subject to subsection (b), the Secretary is authorized to accept and use materials and services contributed by a non-Federal public entity, a nonprofit entity, or a private entity for the purpose of repairing, restoring, or replacing a water resources development project that has been damaged or destroyed as a result of an emergency if the Secretary determines that the acceptance and use of such materials and services is in the public interest.
(b) Limitation
Any entity that contributes materials or services under subsection (a) shall not be eligible for credit or reimbursement for the value of such materials or services.
(c) Report
Not later than 60 days after initiating an activity under this section, 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 report that includes—
(1) a description of the activities undertaken, including the costs associated with the activities; and
(2) a comprehensive description of how the activities are necessary for maintaining a safe and reliable water resources project.
(Pub. L. 113–121, title I, § 1024, June 10, 2014, 128 Stat. 1229.)
heading: Codification
text: Section was enacted as part of the Water Resources Reform and Development Act of 2014, 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. 113–121, set out as a note under section 2201 of this title.
33 U.S.C. § 2327 (NAVIGATION AND NAVIGABLE WATERS)
§ 2327. Definition of rehabilitation for inland waterway projects
For purposes of laws relating to navigation on inland and intracoastal waterways of the United States, the term “rehabilitation” means—
(1) major project feature restoration—
(A) which consists of structural work on an inland navigation facility operated and maintained by the Corps of Engineers;
(B) which will significantly extend the physical life of the feature;
(C) which is economically justified by a benefit-cost analysis;
(D) which will take at least 2 years to complete; and
(E)
(i) which is initially funded before October 1, 1994, and will require at least $5,000,000 in capital outlays; or
(ii) which is initially funded on or after such date and will require at least $20,000,000 in capital outlays; and
(2) structural modification of a major project component (not exhibiting reliability problems)—
(A) which will enhance the operational efficiency of such component or any other major component of the project by increasing benefits beyond the original project design; and
(B) which will require at least $1,000,000 in capital outlays.
Such term does not include routine or deferred maintenance. The dollar amounts referred to in paragraphs (1) and (2) shall be adjusted annually according to the economic assumption published each year as guidance in the Annual Program and Budget Request for Civil Works Activities of the Corps of Engineers.
(Pub. L. 102–580, title II, § 205, Oct. 31, 1992, 106 Stat. 4827; Pub. L. 113–121, title II, § 2006(a)(4), June 10, 2014, 128 Stat. 1268.)
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: 2014—Par. (1)(E)(ii). Pub. L. 113–121 substituted “$20,000,000” for “$8,000,000”.
33 U.S.C. § 2339 (NAVIGATION AND NAVIGABLE WATERS)
§ 2339. Assistance programs
(a) Conservation and recreation management
To further training and educational opportunities about water resources development projects under the jurisdiction of the Secretary, the Secretary may enter into cooperative agreements with non-Federal public and nonprofit entities for services relating to natural resources conservation or recreation management.
(b) Rural community assistance
In carrying out studies and projects under the jurisdiction of the Secretary, the Secretary may enter into cooperative agreements with multistate regional private nonprofit rural community assistance entities for services, including water resource assessment, community participation, planning, development, and management activities.
(c) Cooperative agreements
A cooperative agreement entered into under this section shall not be considered to be, or treated as being, a cooperative agreement to which chapter 63 of title 31 applies.
(Pub. L. 106–541, title II, § 213, Dec. 11, 2000, 114 Stat. 2593; Pub. L. 113–121, title I, § 1047(e), June 10, 2014, 128 Stat. 1257.)
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: Amendments
text: 2014—Subsec. (a). Pub. L. 113–121 substituted “about” for “at”.
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.
33 U.S.C. § 2339a (NAVIGATION AND NAVIGABLE WATERS)
§ 2339a. Cooperative agreements with Indian tribes
The Secretary may enter into a cooperative agreement with an Indian tribe (or a designated representative of an Indian tribe) to carry out authorized activities of the Corps of Engineers to protect fish, wildlife, water quality, and cultural resources.
(Pub. L. 113–121, title I, § 1031(b), June 10, 2014, 128 Stat. 1233.)
heading: Codification
text: Section was enacted as part of the Water Resources Reform and Development Act of 2014, 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. 113–121, set out as a note under section 2201 of this title.
33 U.S.C. § 2341a (NAVIGATION AND NAVIGABLE WATERS)
§ 2341a. Prioritization
(a) Prioritization of hurricane and storm damage risk reduction efforts
(1) Priority
For authorized projects and ongoing feasibility studies with a primary purpose of hurricane and storm damage risk reduction, the Secretary shall give funding priority to projects and ongoing studies that—
(A) address an imminent threat to life and property;
(B) prevent storm surge from inundating populated areas;
(C) prevent the loss of coastal wetlands that help reduce the impact of storm surge;
(D) protect emergency hurricane evacuation routes or shelters;
(E) prevent adverse impacts to publicly owned or funded infrastructure and assets;
(F) minimize disaster relief costs to the Federal Government; and
(G) address hurricane and storm damage risk reduction in an area for which the President declared a major disaster in accordance with section 5170 of title 42.
(2) Expedited consideration of currently authorized projects
Not later than 180 days after June 10, 2014, the Secretary shall—
(A) 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 list of all—
(i) ongoing hurricane and storm damage reduction feasibility studies that have signed feasibility cost-share agreements and have received Federal funds since 2009; and
(ii) authorized hurricane and storm damage reduction projects that—
(I) have been authorized for more than 20 years but are less than 75 percent complete; or
(II) are undergoing a post-authorization change report, general reevaluation report, or limited reevaluation report;
(B) identify those projects on the list required under subparagraph (A) that meet the criteria described in paragraph (1); and
(C) provide a plan for expeditiously completing the projects identified under subparagraph (B), subject to available funding.
(b) Prioritization of ecosystem restoration efforts
For authorized projects with a primary purpose of ecosystem restoration, the Secretary shall give funding priority to projects—
(1) that—
(A) address an identified threat to public health, safety, or welfare;
(B) preserve or restore ecosystems of national significance; or
(C) preserve or restore habitats of importance for federally protected species, including migratory birds; and
(2) for which the restoration activities will contribute to other ongoing or planned Federal, State, or local restoration initiatives.
(Pub. L. 113–121, title I, § 1011, June 10, 2014, 128 Stat. 1217.)
heading: Codification
text: Section was enacted as part of the Water Resources Reform and Development Act of 2014, 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. 113–121, set out as a note under section 2201 of this title.
33 U.S.C. § 2347a (NAVIGATION AND NAVIGABLE WATERS)
§ 2347a. Determination of project completion
(a) In general
The Secretary shall notify the applicable non-Federal interest when construction of a water resources project or a functional portion of the project is completed so the non-Federal interest may commence responsibilities, as applicable, for operating and maintaining the project.
(b) Non-Federal interest appeal of determination
(1) In general
Not later than 7 days after receiving a notification under subsection (a), the non-Federal interest may appeal the completion determination of the Secretary in writing with a detailed explanation of the basis for questioning the completeness of the project or functional portion of the project.
(2) Independent review
(A) In general
On notification that a non-Federal interest has submitted an appeal under paragraph (1), the Secretary shall contract with 1 or more independent, non-Federal experts to evaluate whether the applicable water resources project or functional portion of the project is complete.
(B) Timeline
An independent review carried out under subparagraph (A) shall be completed not later than 180 days after the date on which the Secretary receives an appeal from a non-Federal interest under paragraph (1).
(Pub. L. 113–121, title I, § 1010, June 10, 2014, 128 Stat. 1217.)
heading: Codification
text: Section was enacted as part of the Water Resources Reform and Development Act of 2014, 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. 113–121, set out as a note under section 2201 of this title.
33 U.S.C. § 2349 (NAVIGATION AND NAVIGABLE WATERS)
§ 2349. Categorical exclusions in emergencies
For the repair, reconstruction, or rehabilitation of a water resources project that is in operation or under construction when damaged by an event or incident that results in a declaration by the President of a major disaster or emergency pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Secretary shall treat such repair, reconstruction, or rehabilitation activity as a class of action categorically excluded from the requirements relating to environmental assessments or environmental impact statements under section 1508.4 of title 40, Code of Federal Regulations (or successor regulations), if the repair or reconstruction activity is—
(1) in the same location with the same capacity, dimensions, and design as the original water resources project as before the declaration described in this section; and
(2) commenced within a 2-year period beginning on the date of a declaration described in this subsection.
(Pub. L. 113–121, title I, § 1005(b), June 10, 2014, 128 Stat. 1212.)
heading: References in Text
text: The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in text, is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 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 Water Resources Development Act of 1986 which comprises this chapter.
Section is comprised of subsec. (b) of section 1005 of Pub. L. 113–121. Subsec. (a) of section 1005 of Pub. L. 113–121 amended section 2348 of this title.
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. § 2350 (NAVIGATION AND NAVIGABLE WATERS)
§ 2350. Corrosion prevention
(a) In general
To the greatest extent practicable, the Secretary shall encourage and incorporate corrosion prevention activities at water resources development projects.
(b) Activities
In carrying out subsection (a), the Secretary, to the greatest extent practicable, shall ensure that contractors performing work for water resources development projects—
(1) use best practices to carry out corrosion prevention activities in the field;
(2) use industry-recognized standards and corrosion mitigation and prevention methods when—
(A) determining protective coatings;
(B) selecting materials; and
(C) determining methods of cathodic protection, design, and engineering for corrosion prevention;
(3) use certified coating application specialists and cathodic protection technicians and engineers;
(4) use best practices in environmental protection to prevent environmental degradation and to ensure careful handling of all hazardous materials;
(5) demonstrate a history of employing industry-certified inspectors to ensure adherence to best practices and standards; and
(6) demonstrate a history of compliance with applicable requirements of the Occupational Safety and Health Administration.
(c) Corrosion prevention activities defined
In this section, the term “corrosion prevention activities” means—
(1) the application and inspection of protective coatings for complex work involving steel and cementitious structures, including structures that will be exposed in immersion;
(2) the installation, testing, and inspection of cathodic protection systems; and
(3) any other activities related to corrosion prevention the Secretary determines appropriate.
(Pub. L. 113–121, title I, § 1033, June 10, 2014, 128 Stat. 1233.)
heading: Codification
text: Section was enacted as part of the Water Resources Reform and Development Act of 2014, 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. 113–121, set out as a note under section 2201 of this title.
33 U.S.C. § 2351 (NAVIGATION AND NAVIGABLE WATERS)
§ 2351. Durability, sustainability, and resilience
In carrying out the activities of the Corps of Engineers, the Secretary, to the maximum extent practicable, shall encourage the use of durable and sustainable materials and resilient construction techniques that—
(1) allow a water resources infrastructure project—
(A) to resist hazards due to a major disaster; and
(B) to continue to serve the primary function of the water resources infrastructure project following a major disaster;
(2) reduce the magnitude or duration of a disruptive event to a water resources infrastructure project; and
(3) have the absorptive capacity, adaptive capacity, and recoverability to withstand a potentially disruptive event.
(Pub. L. 113–121, title III, § 3022, June 10, 2014, 128 Stat. 1301.)
heading: Codification
text: Section was enacted as part of the Water Resources Reform and Development Act of 2014, 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. 113–121, set out as a note under section 2201 of this title.
33 U.S.C. § 2803a (NAVIGATION AND NAVIGABLE WATERS)
§ 2803a. Ocean and coastal resiliency
(a) In general
The Secretary shall conduct studies to determine the feasibility of carrying out Corps of Engineers projects in coastal zones to enhance ocean and coastal ecosystem resiliency.
(b) Study
In carrying out the study under subsection (a), the Secretary shall—
(1) as appropriate, coordinate with the heads of other appropriate Federal agencies, the Governors and other chief executive officers of the coastal states, nonprofit organizations, and other interested parties;
(2) identify Corps of Engineers projects in coastal zones for enhancing ocean and coastal ecosystem resiliency based on an assessment of the need and opportunities for, and feasibility of, the projects;
(3) to the maximum extent practicable, use any existing Corps of Engineers plans and data; and
(4) not later than 365 days after initial appropriations for this section, and every five years thereafter subject to the availability of appropriations, complete a study authorized under subsection (a).
(c) Disposition
(1) In general
The Secretary may carry out a project identified in the study pursuant to subsection (a) in accordance with the criteria for projects carried out under one of the following authorities:
(A) Section 2330(a)–(d) of this title.
(B) Section 2309a(a)–(g) and (i) of this title.
(C) Section 426g(a)–(b) and (c)(1) of this title.
(D) Section 2326(a)–(f) of this title.
(2) Report
For each project that does not meet the criteria under paragraph (1), the Secretary shall include a recommendation relating to the project in the annual report submitted to Congress by the Secretary in accordance with section 2282d of this title.
(d) Requests for projects
The Secretary may carry out a project for a coastal state under this section only at the request of the Governor or chief executive officer of the coastal state, as appropriate.
(e) Definition
In this section, the terms “coastal zone” and “coastal state” have the meanings given such terms in section 1453 of title 16, as in effect on June 10, 2014.
(Pub. L. 113–121, title IV, § 4014, June 10, 2014, 128 Stat. 1321.)
heading: Codification
text: Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of title V of Pub. L. 92–532, popularly known as the National Coastal Monitoring Act, which comprises this chapter.
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. § 3304 (NAVIGATION AND NAVIGABLE WATERS)
§ 3304. Limitations on statutory construction
Nothing in this chapter shall be construed as—
(1) creating any liability of the United States or its officers or employees for the recovery of damages caused by an action or failure to act; or
(2) relieving an owner or operator of a levee of a legal duty, obligation, or liability incident to the ownership or operation of a levee.
(Pub. L. 110–114, title IX, § 9007, formerly § 9005, Nov. 8, 2007, 121 Stat. 1290; renumbered § 9007 Pub. L. 113–121, title III, § 3016(e)(1), June 10, 2014, 128 Stat. 1293.)