dreamproit/uscode huggingface dataset:
33 U.S.C. § 2221 (NAVIGATION AND NAVIGABLE WATERS)
§ 2221. Cost limitations on projects
Beginning in fiscal year 2006 and thereafter, agreements proposed for execution by the Assistant Secretary of the Army for Civil Works or the United States Army Corps of Engineers after November 19, 2005, pursuant to section 560 of this title; section 561 of this title; the Civil Functions Appropriations Act, 1936, Public Law 75–208 1; section 1962d–5a of title 42; sections 2214, 2231, and 2232 of this title; section 426i–1 of this title; section 701b–13 of this title; and any other specific project authority, shall be limited to total credits and reimbursements for all applicable projects not to exceed $100,000,000 in each fiscal year.
(Pub. L. 109–103, title I, § 102, Nov. 19, 2005, 119 Stat. 2253.)
heading: References in Text
text: The Civil Functions Appropriations Act, 1936, Public Law 75–208, referred to in text, may mean the War Department Civil Appropriation Act, 1938, act July 19, 1937, ch. 511, 50 Stat. 515, 518, which amended act June 22, 1936, ch. 688, § 5, by adding the proviso classified to section 701h of this title.
Sections 426i–1 and 701b–13 of this title, referred to in text, were repealed by Pub. L. 113–121, title I, § 1014(c)(2), (3), June 10, 2014, 128 Stat. 1222.
heading: Codification
text: Section was enacted as part of the Energy and Water Development Appropriations Act, 2006, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
heading: Prior Provisions
text: Provisions similar to those in this section were contained in the following prior appropriation acts:
Pub. L. 108–447, div. C, title I, § 101, Dec. 8, 2004, 118 Stat. 2941; Pub. L. 109–13, div. A, title VI, § 6005, May 11, 2005, 119 Stat. 282.
Pub. L. 108–137, title I, § 101, Dec. 1, 2003, 117 Stat. 1833.
Pub. L. 108–7, div. D, title I, § 101, Feb. 20, 2003, 117 Stat. 138.
Pub. L. 107–66, title I, § 103, Nov. 12, 2001, 115 Stat. 493.
Pub. L. 106–377, § 1(a)(2) [title I, § 102], Oct. 27, 2000, 114 Stat. 1441, 1441A–65.
Pub. L. 106–60, title I, § 102, Sept. 29, 1999, 113 Stat. 487.
33 U.S.C. § 2224 (NAVIGATION AND NAVIGABLE WATERS)
§ 2224. Crediting authority for federally authorized navigation projects
A non-Federal interest may carry out operation and maintenance activities for an authorized navigation project, subject to the condition that the non-Federal interest complies with all Federal laws and regulations applicable to such operation and maintenance activities, and may receive credit for the costs incurred by the non-Federal interest in carrying out such activities towards the share of construction costs of that non-Federal interest for another element of the same project or another authorized navigation project, except that in no instance may such credit exceed 20 percent of the total costs associated with construction of the general navigation features of the project for which such credit may be applied pursuant to this section.
(Pub. L. 113–121, title I, § 1021, June 10, 2014, 128 Stat. 1228.)
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.
33 U.S.C. § 2225 (NAVIGATION AND NAVIGABLE WATERS)
§ 2225. Credit in lieu of reimbursement
(a) Requests for credits
With respect to an authorized flood damage reduction project, or separable element thereof, that has been constructed by a non-Federal interest under section 701b–13 of this title before June 10, 2014, the Secretary may provide to the non-Federal interest, at the request of the non-Federal interest, a credit in an amount equal to the estimated Federal share of the cost of the project or separable element, in lieu of providing to the non-Federal interest a reimbursement in that amount.
(b) Application of credits
At the request of the non-Federal interest, the Secretary may apply such credit to the share of the cost of the non-Federal interest of carrying out other flood damage reduction projects or studies.
(Pub. L. 113–121, title I, § 1022, June 10, 2014, 128 Stat. 1228.)
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. § 2226 (NAVIGATION AND NAVIGABLE WATERS)
§ 2226. Water resources projects on Federal land
(a) In general
Subject to subsection (b), the Secretary may carry out an authorized water resources development project on Federal land that is under the administrative jurisdiction of another Federal agency where the cost of the acquisition of such Federal land has been paid for by the non-Federal interest for the project.
(b) MOU required
The Secretary may carry out a project pursuant to subsection (a) only after the non-Federal interest has entered into a memorandum of understanding with the Federal agency that includes such terms and conditions as the Secretary determines to be necessary.
(c) Applicability
Nothing in this section alters any non-Federal cost-sharing requirements for the project.
(Pub. L. 113–121, title I, § 1025, 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. § 2227 (NAVIGATION AND NAVIGABLE WATERS)
§ 2227. Clarification of impacts to other Federal facilities
In any case where the modification or construction of a water resources development project carried out by the Secretary adversely impacts other Federal facilities, the Secretary may accept from other Federal agencies such funds as may be necessary to address the adverse impact, including by removing, relocating, or reconstructing those facilities.
(Pub. L. 113–121, title I, § 1026, 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. § 2231 (NAVIGATION AND NAVIGABLE WATERS)
§ 2231. Study of water resources development projects by non-Federal interests
(a) Submission to Secretary
(1) In general
A non-Federal interest may undertake a feasibility study of a proposed water resources development project and submit the study to the Secretary.
(2) Guidelines
To assist non-Federal interests, the Secretary, as soon as practicable, shall issue guidelines for feasibility studies of water resources development projects to provide sufficient information for the formulation of the studies.
(b) Review by Secretary
The Secretary shall review each feasibility study received under subsection (a)(1) for the purpose of determining whether or not the study, and the process under which the study was developed, each comply with Federal laws and regulations applicable to feasibility studies of water resources development projects.
(c) Submission to Congress
Not later than 180 days after the date of receipt of a feasibility study of a project under subsection (a)(1), 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 describes—
(1) the results of the Secretary’s review of the study under subsection (b), including a determination of whether the project is feasible;
(2) any recommendations the Secretary may have concerning the plan or design of the project; and
(3) any conditions the Secretary may require for construction of the project.
(d) Credit
If a project for which a feasibility study has been submitted under subsection (a)(1) is authorized by a Federal law enacted after the date of the submission to Congress under subsection (c), the Secretary shall credit toward the non-Federal share of the cost of construction of the project an amount equal to the portion of the cost of developing the study that would have been the responsibility of the United States if the study had been developed by the Secretary.
(Pub. L. 99–662, title II, § 203, Nov. 17, 1986, 100 Stat. 4098; Pub. L. 113–121, title I, § 1014(a), June 10, 2014, 128 Stat. 1219.)
heading: Amendments
text: 2014—Pub. L. 113–121 amended section generally. Prior to amendment, section related to studies of projects by non-Federal interests.
heading: Short Title
text: For short title of title II of Pub. L. 99–662, enacting this subchapter, as the Harbor Development and Navigation Improvement Act of 1986, see section 215 of Pub. L. 99–662, set out as a note under section 2201 of this title.
33 U.S.C. § 2243 (NAVIGATION AND NAVIGABLE WATERS)
§ 2243. Arctic deep draft port development partnerships
(a) In general
The Secretary may provide technical assistance to non-Federal public entities, including Indian tribes (as defined in section 450b of title 25), for the development, construction, operation, and maintenance of channels, harbors, and related infrastructure associated with deep draft ports for purposes of dealing with Arctic development and security needs.
(b) Acceptance of funds
The Secretary is authorized to accept and expend funds provided by non-Federal public entities, including Indian tribes (as defined in section 450b of title 25), to carry out the technical assistance activities described in subsection (a).
(c) Limitation
No assistance may be provided under this section until after the date on which the entity to which that assistance is to be provided enters into a written agreement with the Secretary that includes such terms and conditions as the Secretary determines to be appropriate and in the public interest.
(d) Prioritization
The Secretary shall prioritize technical assistance provided under this section for Arctic deep draft ports identified by the Secretary, the Secretary of Homeland Security, and the Secretary of Defense as important for Arctic development and security.
(Pub. L. 113–121, title II, § 2105, June 10, 2014, 128 Stat. 1279.)
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. § 2253 (NAVIGATION AND NAVIGABLE WATERS)
§ 2253. Annual financial review
For any inland waterways project that the Secretary carries out that has an estimated total cost of $500,000,000 or more, the Secretary shall submit to the congressional committees referred to in subsection (a) 1 an annual financial plan for the project. The plan shall be based on detailed annual estimates of the cost to complete the remaining elements of the project and on reasonable assumptions, as determined by the Secretary, of any future increases of the cost to complete the project.
(Pub. L. 113–121, title II, § 2007(b), June 10, 2014, 128 Stat. 1268.)
heading: References in Text
text: The congressional committees referred to in subsection (a), referred to in text, means the congressional committees referred to in subsection (a) of section 2007 of Public Law 113–121, the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
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. § 2254 (NAVIGATION AND NAVIGABLE WATERS)
§ 2254. Assessment of operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway
(a) In general
Not later than 90 days after June 10, 2014, the Secretary shall assess the operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway.
(b) Types of activities
In carrying out subsection (a), the Secretary shall assess the operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway as used for the following purposes:
(1) Commercial navigation.
(2) Commercial fishing.
(3) Subsistence, including utilization by Indian tribes (as defined in section 450b of title 25) for subsistence and ceremonial purposes.
(4) Use as ingress and egress to harbors of refuge.
(5) Transportation of persons.
(6) Purposes relating to domestic energy production, including fabrication, servicing, and supply of domestic offshore energy production facilities.
(7) Activities of the Secretary of the department in which the Coast Guard is operating.
(8) Public health and safety related equipment for responding to coastal and inland emergencies.
(9) Recreation purposes.
(10) Any other authorized purpose.
(c) Report to Congress
For fiscal year 2015, and biennially thereafter, in conjunction with the annual budget submission by the President to Congress under section 1105(a) of title 31, 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, with respect to the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway—
(1) identifies the operation and maintenance costs required to achieve the authorized length, width, and depth;
(2) identifies the amount of funding requested in the President’s budget for operation and maintenance costs; and
(3) identifies the unmet operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway.
(Pub. L. 113–121, title II, § 2008, June 10, 2014, 128 Stat. 1268.)
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. § 2255 (NAVIGATION AND NAVIGABLE WATERS)
§ 2255. Inland waterways riverbank stabilization
(a) In general
Not later than 1 year after June 10, 2014, and biennially thereafter, the Secretary shall conduct a study to determine the feasibility of—
(1) carrying out projects for the inland and intracoastal waterways for purposes of—
(A) flood damage reduction;
(B) emergency streambank and shoreline protection; and
(C) prevention and mitigation of shore damages attributable to navigation improvements; and
(2) modifying projects for the inland and intracoastal waterways for the purpose of improving the quality of the environment.
(b) Recommendations
In conducting the study, the Secretary shall develop specific project recommendations and prioritize those recommendations based on—
(1) the extent of damage and land loss resulting from riverbank erosion;
(2) the rate of erosion;
(3) the significant threat of future flood risk to public property, public infrastructure, or public safety;
(4) the destruction of natural resources or habitats; and
(5) the potential cost savings for maintenance of the channel.
(c) Disposition
The Secretary may carry out any project identified in the study conducted pursuant to subsection (a) in accordance with the criteria for projects carried out under one of the following authorities:
(1) Section 701r of this title.
(2) Section 701s of this title.
(3) Section 426i of this title.
(4) Section 2309a of this title.
(d) Annual report
For a project recommended pursuant to the study that cannot be carried out under any of the authorities specified in subsection (c), upon a determination by the Secretary of the feasibility of the project, the Secretary may include a recommendation concerning the project in the annual report submitted to Congress under section 2282d of this title.
(Pub. L. 113–121, title II, § 2009, June 10, 2014, 128 Stat. 1269.)
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. § 2283a (NAVIGATION AND NAVIGABLE WATERS)
§ 2283a. Status report
(1) In general
Concurrent with the President’s submission to Congress of the President’s request for appropriations for the Civil Works Program for a fiscal year, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the status of construction of projects that require mitigation under section 2283 of this title, the status of such mitigation, and the results of the consultation under subsection (d)(4)(B) of such section.
(2) Projects included
The status report shall include the status of—
(A) all projects that are under construction as of the date of the report;
(B) all projects for which the President requests funding for the next fiscal year; and
(C) all projects that have undergone or completed construction, but have not completed the mitigation required under section 2283 of this title.
(3) Information included
In reporting the status of all projects included in the report, the Secretary shall—
(A) use a uniform methodology for determining the status of all projects included in the report;
(B) use a methodology that describes both a qualitative and quantitative status for all projects in the report; and
(C) provide specific dates for participation in the consultations required under section 2283(d)(4)(B) of this title.
(4) Availability of information
The Secretary shall make information contained in the status report available to the public, including on the Internet.
(Pub. L. 110–114, title II, § 2036(b), Nov. 8, 2007, 121 Stat. 1094; Pub. L. 113–121, title I, § 1041, June 10, 2014, 128 Stat. 1243.)
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: Amendments
text: 2014—Pars. (3), (4). Pub. L. 113–121 added par. (3) and redesignated former par. (3) as (4).
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. § 2283b (NAVIGATION AND NAVIGABLE WATERS)
§ 2283b. Clarification of mitigation authority
(a) In general
The Secretary may carry out measures to improve fish species habitat within the boundaries and downstream of a water resources project constructed by the Secretary that includes a fish hatchery if the Secretary—
(1) has been explicitly authorized to compensate for fish losses associated with the project; and
(2) determines that the measures are—
(A) feasible;
(B) consistent with authorized project purposes and the fish hatchery; and
(C) in the public interest.
(b) Cost sharing
(1) In general
Subject to paragraph (2), the non-Federal interest shall contribute 35 percent of the total cost of carrying out activities under this section, including the costs relating to the provision or acquisition of required land, easements, rights-of-way, dredged material disposal areas, and relocations.
(2) Operation and maintenance
The non-Federal interest shall contribute 100 percent of the costs of operation, maintenance, replacement, repair, and rehabilitation of the measures carried out under this section.
(Pub. L. 113–121, title I, § 1028, June 10, 2014, 128 Stat. 1230.)
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. § 2283c (NAVIGATION AND NAVIGABLE WATERS)
§ 2283c. Technical assistance
(1) In general
The Secretary may provide technical assistance to States and local governments to establish third-party mitigation instruments, including mitigation banks and in-lieu fee programs, that will help to target mitigation payments to high-priority ecosystem restoration actions.
(2) Requirements
In providing technical assistance under this section, the Secretary shall give priority to States and local governments that have developed State, regional, or watershed-based plans identifying priority restoration actions.
(3) Mitigation instruments
The Secretary shall seek to ensure any technical assistance provided under this section will support the establishment of mitigation instruments that will result in restoration of high-priority areas identified in the plans under paragraph (2).
(Pub. L. 113–121, title I, § 1040(c), June 10, 2014, 128 Stat. 1243.)
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. § 2288 (NAVIGATION AND NAVIGABLE WATERS)
§ 2288. Repealed. Pub. L. 113–121, title I, § 1004, June 10, 2014, 128 Stat. 1199
text: Section, Pub. L. 99–662, title IX, § 911, Nov. 17, 1986, 100 Stat. 4189, related to review of cost effectiveness of design.
33 U.S.C. § 2310 (NAVIGATION AND NAVIGABLE WATERS)
§ 2310. Cost sharing for Territories
(a) In general
The Secretary shall waive local cost-sharing requirements up to $200,000 for all studies and projects in American Samoa, Guam, the Northern Mariana Islands, the Virgin Islands, Puerto Rico, and the Trust Territory of the Pacific Islands.
(b) Inflation adjustment
The Secretary shall adjust the dollar amount specified in subsection (a) for inflation for the period beginning on November 17, 1986, and ending on June 10, 2014.
(Pub. L. 99–662, title XI, § 1156, Nov. 17, 1986, 100 Stat. 4256; Pub. L. 113–121, title I, § 1032, June 10, 2014, 128 Stat. 1233.)
heading: Amendments
text: 2014—Pub. L. 113–121 designated existing provisions as subsec. (a) and inserted heading, inserted “Puerto Rico,” before “and the Trust Territory of the Pacific Islands”, and added subsec. (b).
heading: Termination of Trust Territory of the Pacific Islands
text: For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.