dreamproit/uscode huggingface dataset:
33 U.S.C. § 1414a (NAVIGATION AND NAVIGABLE WATERS)
§ 1414a. Special provisions regarding certain dumping sites
(a) New York Bight Apex
(1) For purposes of this subsection—
(A) The term “Apex” means the New York Bight Apex consisting of the ocean waters of the Atlantic Ocean westward of 73 degrees 30 minutes west longitude and northward of 40 degrees 10 minutes north latitude.
(B) The term “Apex site” means that site within the Apex at which the dumping of municipal sludge occurred before October 1, 1983.
(C) The term “eligible authority” means any sewerage authority or other unit of State or local government that on November 2, 1983, was authorized under court order to dump municipal sludge at the Apex site.
(2) No person may apply for a permit under this subchapter in relation to the dumping of, or the transportation for purposes of dumping, municipal sludge within the Apex unless that person is an eligible authority.
(3) The Administrator may not issue, or renew, any permit under this subchapter that authorizes the dumping of, or the transportation for purposes of dumping, municipal sludge within the Apex after the earlier of—
(A) December 15, 1987; or
(B) the day determined by the Administrator to be the first day on which municipal sludge generated by eligible authorities can reasonably be dumped at a site designated under section 1412 of this title other than a site within the Apex.
(b) Restriction on use of 106-mile site
The Administrator may not issue or renew any permit under this subchapter which authorizes any person, other than a person that is an eligible authority within the meaning of subsection (a)(1)(C), to dump, or to transport for the purposes of dumping, municipal sludge within the site designated under section 1412(c) of this title by the Administrator and known as the “106-Mile Ocean Waste Dump Site” (as described in 49 F.R. 19005).
(Pub. L. 92–532, title I, § 104A, as added Pub. L. 99–662, title XI, § 1172(b), Nov. 17, 1986, 100 Stat. 4259; Pub. L. 100–4, title V, § 508(b), Feb. 4, 1987, 101 Stat. 79; Pub. L. 100–688, title I, § 1002, Nov. 18, 1988, 102 Stat. 4139.)
heading: Amendments
text: 1988—Pub. L. 100–688 repealed the second of two identical sections 104A of Pub. L. 92–532, both classified to this section and enacted by Pub. L. 99–662 and Pub. L. 100–4, thereby involving no change in text.
heading: New York Bight Apex Not Suitable for Dumping
text: Pub. L. 99–662, title XI, § 1172(a), Nov. 17, 1986, 100 Stat. 4259, provided that: “The Congress finds that the New York Bight Apex is no longer a suitable location for the ocean dumping of municipal sludge.”
An identical provision was enacted by Pub. L. 100–4, title V, § 508(a), Feb. 4, 1987, 101 Stat. 79.
33 U.S.C. § 1444 (NAVIGATION AND NAVIGABLE WATERS)
§ 1444. Annual reports
(a) Report by Secretary of Commerce
In March of each year, the Secretary of Commerce shall report to the Congress on his activities under this subchapter during the previous fiscal year. The report shall include—
(1) the Secretary’s findings made under section 1441 of this title, including an evaluation of the short-term ecological effects and the social and economic factors involved with the dumping;
(2) the results of activities undertaken pursuant to section 1442 of this title;
(3) with the concurrence of the Administrator and after consulting with officials of other appropriate Federal agencies, an identification of the short- and long-term research requirements associated with activities under subchapter I, and a description of how Federal research under this subchapter and subchapter I will meet those requirements; and
(4) activities of the Department of Commerce under section 665 of title 16.
(b) Report by Administrator
In March of each year, the Administrator shall report to the Congress on his activities during the previous fiscal year under section 1443 of this title.
(c) Report by Under Secretary
On October 31 of each year, the Under Secretary shall report to the Congress the specific programs that the National Oceanic and Atmospheric Administration and the Environmental Protection Agency carried out pursuant to this subchapter in the previous fiscal year, specifically listing the amount of funds allocated to those specific programs in the previous fiscal year.
(Pub. L. 92–532, title II, § 204, formerly § 205, as added Pub. L. 96–572, § 5, Dec. 22, 1980, 94 Stat. 3345; renumbered § 204 and amended Pub. L. 99–272, title VI, § 6065, Apr. 7, 1986, 100 Stat. 132; Pub. L. 100–627, title I, § 102, Nov. 7, 1988, 102 Stat. 3213.)
heading: Prior Provisions
text: A prior section 204 of Pub. L. 92–532, which was classified to this section, was renumbered section 205 and is classified to section 1445 of this title.
heading: Amendments
text: 1988—Subsec. (c). Pub. L. 100–627 added subsec. (c).
1986—Pub. L. 99–272 amended section generally. Prior to amendment, section read as follows: “The Administrator of the Environmental Protection Agency is authorized to conduct a study to assist the city of New York in evaluating the technological options available for the removal of heavy metals and other toxic organic materials from the sewage sludge of the city of New York. The study shall also examine options available to reduce the amount of such pollutants entering the sewage system. The study is to be completed by July 1, 1981.”
33 U.S.C. § 2103 (NAVIGATION AND NAVIGABLE WATERS)
§ 2103. National artificial reef plan
Not later than one year after November 8, 1984, the Secretary of Commerce, in consultation with the Secretary of the Interior, the Secretary of Defense, the Administrator of the Environmental Protection Agency, the Secretary of the Department in which the Coast Guard is operating, the Regional Fishery Managment 1 Councils, interested States, Interstate Fishery Commissions, and representatives of the private sector, shall develop and publish a long-term plan which will meet the purpose of this chapter and be consistent with the standards established under section 2102 of this title. The plan must include—
(1) geographic, hydrographic, geologic, biological, ecological, social, economic, and other criteria for siting artificial reefs;
(2) design, material, and other criteria for constructing artificial reefs;
(3) mechanisms and methodologies for monitoring the compliance of artificial reefs with the requirements of permits issued under section 2104 of this title;
(4) mechanisms and methodologies for managing the use of artificial reefs;
(5) a synopsis of existing information on artificial reefs and needs for further research on artificial reef technology and management strategies; and
(6) an evaluation of alternatives for facilitating the transfer of artificial reef construction materials to persons holding permits issued pursuant to section 2104 of this title, including, but not limited to, credits for environmental mitigation and modified tax obligations.
(Pub. L. 98–623, title II, § 204, Nov. 8, 1984, 98 Stat. 3395.)
heading: Transfer of Functions
text: For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 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. § 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, for which a written agreement with the Corps of Engineers for construction was finalized on or before December 31, 2014, under section 701b–13 of this title (as it existed before the repeal made by section 1014(c)(3)), 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 non-Federal share of the cost of carrying out other water resources development projects or studies of the non-Federal interest.
(Pub. L. 113–121, title I, § 1022, June 10, 2014, 128 Stat. 1228; Pub. L. 114–322, title I, § 1171, Dec. 16, 2016, 130 Stat. 1671.)
heading: References in Text
text: Section 1014(c)(3), referred to in subsec. (a), is section 1014(c)(3) of Pub. L. 113–121, title I, June 10, 2014, 128 Stat. 1222, which repealed section 701b–13 of this title.
heading: Amendments
text: 2016—Subsec. (a). Pub. L. 114–322, § 1171(1), substituted “for which a written agreement with the Corps of Engineers for construction was finalized on or before December 31, 2014, under section 701b–13 of this title (as it existed before the repeal made by section 1014(c)(3))” for “that has been constructed by a non-Federal interest under section 701b–13 of this title before June 10, 2014”.
Subsec. (b). Pub. L. 114–322, § 1171(2), substituted “non-Federal share of the cost of carrying out other water resources development projects or studies of the non-Federal interest” for “share of the cost of the non-Federal interest of carrying out other flood damage reduction projects or studies”.
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.
(e) Technical assistance
At the request of a non-Federal interest, the Secretary may provide to the non-Federal interest technical assistance relating to any aspect of a feasibility study if the non-Federal interest contracts with the Secretary to pay all costs of providing such technical assistance.
(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; Pub. L. 114–322, title I, § 1126, Dec. 16, 2016, 130 Stat. 1648.)
heading: Amendments
text: 2016—Subsec. (e). Pub. L. 114–322 added subsec. (e).
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. § 2238d (NAVIGATION AND NAVIGABLE WATERS)
§ 2238d. Maintenance of harbors of refuge
The Secretary is authorized to maintain federally authorized harbors of refuge to restore and maintain the authorized dimensions of the harbors.
(Pub. L. 114–322, title I, § 1109, Dec. 16, 2016, 130 Stat. 1634.)
heading: Codification
text: Section was enacted as part of the Water Resources Development Act of 2016, and also as part of the Water Infrastructure Improvements for the Nation Act or the WIIN Act, 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 1002 of Pub. L. 114–322, 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 5304 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. § 2264 (NAVIGATION AND NAVIGABLE WATERS)
§ 2264. Deauthorization of studies
(a) Notwithstanding section 3003 of Public Law 104–66 (31 U.S.C. 1113 note; 109 Stat. 734), not later than one year after November 17, 1986, and annually thereafter, the Secretary shall submit to Congress a list of incomplete water resources studies which have been authorized, but for which no funds have been appropriated during the 5 full fiscal years preceding the submission of such list. For each such study the Secretary shall include the following information:
(1) the date of authorization and the manner in which the study was authorized;
(2) a description of the purposes of the study;
(3) a description of funding that has been made available for the study;
(4) a description of any work that has been performed in carrying out the study and the results and conclusions, if any, of such work; and
(5) a description of any work that remains to be done in carrying out the study and the time necessary for and estimated cost of completing such work.
(b) Each study included in a list under subsection (a) is not authorized on and after the 90th day following the submission to Congress of such list if no funds have been appropriated for such study after the list is submitted and before such 90th day.
(Pub. L. 99–662, title VII, § 710, Nov. 17, 1986, 100 Stat. 4160; Pub. L. 106–109, § 8(b), Nov. 24, 1999, 113 Stat. 1495.)
heading: Amendments
text: 1999—Subsec. (a). Pub. L. 106–109, in first sentence, substituted “Notwithstanding section 3003 of Public Law 104–66 (31 U.S.C. 1113 note; 109 Stat. 734), not” for “Not”.
33 U.S.C. § 2282e (NAVIGATION AND NAVIGABLE WATERS)
§ 2282e. Post-authorization change reports
(a) In general
The completion of a post-authorization change report prepared by the Corps of Engineers for a water resources development project—
(1) may not be delayed as a result of consideration being given to changes in policy or priority with respect to project consideration; and
(2) shall be submitted, upon completion, to—
(A) the Committee on Environment and Public Works of the Senate; and
(B) the Committee on Transportation and Infrastructure of the House of Representatives.
(b) Completion review
With respect to a post-authorization change report subject to review by the Secretary, the Secretary shall, not later than 120 days after the date of completion of such report—
(1) review the report; and
(2) provide to Congress any recommendations of the Secretary regarding modification of the applicable water resources development project.
(c) Prior reports
Not later than 120 days after December 16, 2016, with respect to any post-authorization change report that was completed prior to December 16, 2016, and is subject to a review by the Secretary that has yet to be completed, the Secretary shall complete review of, and provide recommendations to Congress with respect to, the report.
(d) Post-authorization change report inclusions
In this section, the term “post-authorization change report” includes—
(1) a general reevaluation report;
(2) a limited reevaluation report; and
(3) any other report that recommends the modification of an authorized water resources development project.
(Pub. L. 114–322, title I, § 1132, Dec. 16, 2016, 130 Stat. 1653.)
heading: Codification
text: Section was enacted as part of the Water Resources Development Act of 2016, and also as part of the Water Infrastructure Improvements for the Nation Act or the WIIN Act, 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 1002 of Pub. L. 114–322, set out as a note under section 2201 of this title.
33 U.S.C. § 2289a (NAVIGATION AND NAVIGABLE WATERS)
§ 2289a. Consideration of measures
(a) Definitions
In this section, the following definitions apply:
(1) Natural feature
The term “natural feature” means a feature that is created through the action of physical, geological, biological, and chemical processes over time.
(2) Nature-based feature
The term “nature-based feature” means a feature that is created by human design, engineering, and construction to provide risk reduction in coastal areas by acting in concert with natural processes.
(b) Requirement
In studying the feasibility of projects for flood risk management, hurricane and storm damage reduction, and ecosystem restoration the Secretary shall, with the consent of the non-Federal sponsor of the feasibility study, consider, as appropriate—
(1) natural features;
(2) nature-based features;
(3) nonstructural measures; and
(4) structural measures.
(c) Report to Congress
(1) In general
Not later than February 1, 2020, and 5 and 10 years 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 a report on the implementation of subsection (b).
(2) Contents
The report under paragraph (1) shall include, at a minimum, the following:
(A) A description of guidance or instructions issued, and other measures taken, by the Secretary and the Chief of Engineers to implement subsection (b).
(B) An assessment of the costs, benefits, impacts, and trade-offs associated with measures recommended by the Secretary for coastal risk reduction and the effectiveness of those measures.
(C) A description of any statutory, fiscal, or regulatory barriers to the appropriate consideration and use of a full array of measures for coastal risk reduction.
(Pub. L. 114–322, title I, § 1184, Dec. 16, 2016, 130 Stat. 1679.)
heading: Codification
text: Section was enacted as part of the Water Resources Development Act of 2016, and also as part of the Water Infrastructure Improvements for the Nation Act or the WIIN Act, 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 1002 of Pub. L. 114–322, set out as a note under section 2201 of this title.
33 U.S.C. § 2291 (NAVIGATION AND NAVIGABLE WATERS)
§ 2291. Federal Project Repayment District
(a) The Secretary may enter into a contract providing for the payment or recovery of an appropriate share of the costs of a project under his responsibility with a Federal Project Repayment District or other political subdivision of a State prior to the construction, operation, improvement, or financing of such project. The Federal Project Repayment District shall include lands and improvements which receive identifiable benefits from the construction or operation of such project. Such districts shall be established in accordance with State law, shall have specific boundaries which may be changed from time to time based upon further evaluations of benefits, and shall have the power to recover benefits through any cost-recovery approach that is consistent with State law and satisfies the applicable cost-recovery requirement under subsection (b).
(b) Prior to execution of an agreement pursuant to subsection (a) of this section, the Secretary shall require and approve a study from the State or political subdivision demonstrating that the revenues to be derived from a contract under this section, or an agreement with a Federal Project Repayment District, will be sufficient to equal or exceed the cost recovery requirements over the term of repayment required by Federal law.
(Pub. L. 99–662, title IX, § 916, Nov. 17, 1986, 100 Stat. 4191; Pub. L. 100–676, § 15, Nov. 17, 1988, 102 Stat. 4026.)
heading: Amendments
text: 1988—Subsec. (a). Pub. L. 100–676 substituted “have the power to recover benefits through any cost-recovery approach that is consistent with State law and satisfies the applicable cost-recovery requirement under subsection (b)” for “include the power to collect a portion of the transfer price from any transaction involving the sale, transfer, or change in beneficial ownership of lands and improvements within the district boundaries”.