dreamproit/uscode huggingface dataset:
33 U.S.C. § 59ff (NAVIGATION AND NAVIGABLE WATERS)
§ 59ff. Declaration of nonnavigability for portions of Pelican Island, Texas
(a) Descriptions of nonnavigable areas
Subject to the provisions of subsections (b), (c), and (d) of this section, those portions of Pelican Island, Texas, which are not submerged and which are within the following property descriptions, are declared to be nonnavigable waters of the United States:
(1) to (5) Omitted.
(b) Exceptions
Notwithstanding the declaration under subsection (a), the following portions of Pelican Island, Texas, within those lands described in subsection (a) shall remain navigable waters of the United States:
(1) to (3) Omitted.
(c) Requirement that areas be improved
The declaration under subsection (a) shall apply only to those parts of the areas described in subsection (a) of this section and not described in subsection (b) of this section which are or will be bulkheaded and filled or otherwise occupied by permanent structures or other permanent physical improvements, including marina facilities. All such work is subject to applicable Federal statutes and regulations, including sections 401 and 403 of this title, section 1344 of this title and the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.].
(d) Expiration
If, 20 years from December 19, 1991, any area or part thereof described in subsection (a) of this section and not described in subsection (b) of this section is not bulkheaded or filled or occupied by permanent structures or other permanent physical improvements, including marina facilities, in accordance with the requirements set out in subsection (c) of this section, or if work is not commenced within five years after issuance of any permits required to be obtained under subsection (c), then the declaration of nonnavigability for such area or part thereof shall expire.
(Pub. L. 102–241, § 52, Dec. 19, 1991, 105 Stat. 2228.)
heading: References in Text
text: The National Environmental Policy Act of 1969, referred to in subsec. (c), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§ 4321 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 4321 of Title 42 and Tables.
heading: Codification
text: The text of the boundary descriptions contained in pars. (1) to (5) of subsec. (a) and pars. (1) to (3) of subsec. (b), which is not set out in the Code, appears at 105 Stat. 2228 to 2231.
33 U.S.C. § 59ii (NAVIGATION AND NAVIGABLE WATERS)
§ 59ii. Declaration of nonnavigability of a portion of the canal known as the James River and Kanawha Canal in Richmond, Virginia
(a) Canal declared nonnavigable
The portion of the canal known as the James River and Kanawha Canal in Richmond, Virginia, located between the Great Ship Lock on the east and the limits of the City of Richmond on the west is hereby declared to be a nonnavigable waterway of the United States for purposes of subtitle II of title 46.
(b) Ensuring public safety
The Secretary of Transportation shall provide such technical advice, information, and assistance as the City of Richmond, Virginia, or its designee may request to insure that the vessels operating on the waters declared nonnavigable by subsection (a) are built, maintained, and operated in a manner consistent with protecting public safety.
(c) Termination of declaration
(1) In general
The Secretary of Transportation may terminate the effectiveness of the declaration made by subsection (a) by publishing a determination that vessels operating on the waters declared nonnavigable by subsection (a) have not been built, maintained, and operated in a manner consistent with protecting public safety.
(2) Public input
Before making a determination under this subsection, the Secretary of Transportation shall—
(A) consult with appropriate State and local government officials regarding whether such a determination is necessary to protect public safety and will serve the public interest; and
(B) provide to persons who might be adversely affected by the determination the opportunity for comment and a hearing on whether such action is necessary to protect public safety and will serve the public interest.
(Pub. L. 106–32, § 2, June 1, 1999, 113 Stat. 115.)
heading: Findings
text: Pub. L. 106–32, § 1, June 1, 1999, 113 Stat. 115, provided that:
“The Congress finds the following:
“(1) The canal known as the James River and Kanawha Canal played an important part in the economic development of the Commonwealth of Virginia and the City of Richmond.
“(2) The canal ceased to operate as a functioning waterway in the conduct of commerce in the late 1800s.
“(3) Portions of the canal have been found by a Federal district court to be nonnavigable.
“(4) The restored portion of the canal will be utilized to provide entertainment and education to visitors and will play an important part in the economic development of downtown Richmond.
“(5) The restored portion of the canal will not be utilized for general public boating, and will be restricted to activities similar to those conducted on similar waters in San Antonio, Texas.
“(6) The continued classification of the canal as a navigable waterway based upon historic usage that ceased more than 100 years ago does not serve the public interest and is unnecessary to protect public safety.
“(7) Congressional action is required to clarify that the canal is no longer to be considered a navigable waterway for purposes of subtitle II of title 46, United States Code.”
33 U.S.C. § 5911 (NAVIGATION AND NAVIGABLE WATERS)
§ 5911. Central Delaware River, Philadelphia, Pennsylvania
(a) Area to be declared nonnavigable
Subject to subsection (c), unless the Secretary finds, after consultation with local and regional public officials (including local and regional public planning organizations), that there are substantive objections, those portions of the Delaware River, bounded by the former bulkhead and pierhead lines that were established by the Secretary of War and successors and described as follows, are declared to be nonnavigable waters of the United States:
(1) Piers 70 South through 38 South, encompassing an area bounded by the southern line of Moore Street extended to the northern line of Catherine Street extended, including the following piers: Piers 70, 68, 67, 64, 61–63, 60, 57, 55, 53, 48, 46, 40, and 38.
(2) Piers 24 North through 72 North, encompassing an area bounded by the southern line of Callowhill Street extended to the northern line of East Fletcher Street extended, including the following piers: Piers 24, 25, 27–35, 35.5, 36, 37, 38, 39, 49, 51–52, 53–57, 58–65, 66, 67, 69, 70–72, and Rivercenter.
(b) Public interest determination
The Secretary shall make the public interest determination under subsection (a) separately for each proposed project to be undertaken within the boundaries described in subsection (a), using reasonable discretion, not later than 150 days after the date of submission of appropriate plans for the proposed project.
(c) Limits on applicability
The declaration under subsection (a) shall apply only to those parts of the areas described in subsection (a) that are or will be bulkheaded and filled or otherwise occupied by permanent structures, including marina and recreation facilities.
(Pub. L. 114–322, title I, § 1308, Dec. 16, 2016, 130 Stat. 1693.)
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. § 426e–2 (NAVIGATION AND NAVIGABLE WATERS)
§ 426e–2. Clarification of munition disposal authorities
(a) In general
The Secretary may, at full Federal expense, 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 reimbursed 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; Pub. L. 114–322, title I, § 1154, Dec. 16, 2016, 130 Stat. 1663.)
heading: Amendments
text: 2016—Subsec. (a). Pub. L. 114–322, § 1154(1), inserted “, at full Federal expense,” after “The Secretary may” in introductory provisions.
Subsec. (b). Pub. L. 114–322, § 1154(2), substituted “reimbursed” for “funded”.
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. § 426n (NAVIGATION AND NAVIGABLE WATERS)
§ 426n. Technical assistance to States and local governments; cost sharing
(a) Upon request of the Governor of a State, or the appropriate official of local government, the Secretary is authorized to provide designs, plans, and specifications, and such other technical assistance as he deems advisable to such State or local government for its use in carrying out—
(1) projects for removing accumulated snags and other debris, and clearing and straightening channels in navigable streams and tributaries thereof; and
(2) projects for renovating navigable streams and tributaries thereof by means of predominantly nonstructural methods judged by the Secretary to be cost effective, for the purpose of improved drainage, water quality, and habitat diversity.
(b) The non-Federal share of the cost of any designs, plans, specifications or technical assistance provided under subsection (a) shall be 50 percent.
(Pub. L. 99–662, title IX, § 942, Nov. 17, 1986, 100 Stat. 4199.)
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2201 of this title.
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) 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 subsec. (a) and in subsec. (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. § 522 (NAVIGATION AND NAVIGABLE WATERS)
§ 522. Existing provisions of law
(a) Obstructing navigation; criminal penalties
The first sentence of section 494 of this title, and section 502 of this title, shall be inapplicable with respect to any bridge to which the provisions of this subchapter are applicable, except to the extent provided in this section.
(b) Construction, reconstruction, or alteration of bridges not completed on July 1, 1939; apportionment of costs
Any bridge, the construction, reconstruction, or alteration of which was required by an order of the Secretary issued prior to July 1, 1939, and was not completed on such date, and in the case of which no penalties have accrued at the time of the enactment of this subchapter, shall be constructed, reconstructed, or altered as required by such order, and not in accordance with the provisions of this subchapter. In the case of any such bridge, however, the Secretary shall apportion the cost of the project between the bridge owner and the United States, and payment of the share of the United States shall be made, in the same manner as if the provisions of this subchapter applied to such construction, reconstruction, or alteration, subject to the following limitations:
(1) In case such construction, reconstruction, or alteration has not begun on or before April 1, 1940, such apportionment of cost shall be made only if (A) the construction, reconstruction, or alteration is carried out in accordance with plans and specifications, and pursuant to bids, approved by the Secretary, and (B) the bridge owner has submitted to the Secretary a written guaranty of cost as provided for in section 515 of this title.
(2) The Secretary’s determination as to such apportionment, and as to such plans and specifications and bids, shall be final.
(3) Such apportionment shall not be made if such construction, reconstruction, or alteration is not completed within the time fixed in such order of the Secretary or within such additional time as the Secretary, for good cause shown, may allow.
(c) Construction, reconstruction, or alteration of bridges not begun on July 1, 1939
Any bridge (except a bridge to which subsection (b) applies) the construction, reconstruction, or alteration of which was required by an order of the Secretary issued prior to July 1, 1939, and was not begun before such date, shall be subject to the provisions of this subchapter as though such order had not been issued, and compliance with the provisions of this subchapter and with such orders as may be issued thereunder shall be considered to constitute compliance with such order issued prior to July 1, 1939, and with the provisions of law under which it was issued.
(June 21, 1940, ch. 409, § 12, 54 Stat. 501.)
33 U.S.C. § 555a (NAVIGATION AND NAVIGABLE WATERS)
§ 555a. Petroleum product information
(a) Disclosure to States
The Secretary shall disclose petroleum product information to any State taxing agency making a request under subsection (b). Such information shall be disclosed for the purpose of, and only to the extent necessary in, the administration of State tax laws.
(b) Requests for disclosure
Disclosure of information under this section shall be permitted only upon written request by the head of the State taxing agency and only to the representatives of such agency designated in such written request as the individuals who are to inspect or to receive the information on behalf of such agency. Any such representative shall be an employee or legal representative of such agency.
(c) Modes of disclosure
(1) Requests for the disclosure of information under this section, and such disclosure, shall be made in such manner and at such time and place as shall be prescribed by the Secretary.
(2) Information disclosed to any person under this section may be provided in the form of written documents or reproductions of such documents, or by any other mode or means which the Secretary determines necessary or appropriate. A reasonable fee may be prescribed for furnishing such information.
(3) Any reproduction of any document or other matter made in accordance with this subsection shall have the same legal status as the original, and any such reproduction shall, if properly authenticated, be admissible in evidence in any judicial or administrative proceeding as if it were the original, whether or not the original is in existence.
(d) Confidentiality of disclosed information
The Secretary shall not disclose information to a State taxing agency of a State under this section unless such State has in effect provisions of law which—
(1) exempt such information from disclosure under a State law requiring agencies of the State to make information available to the public, or
(2) otherwise protect the confidentiality of the information.
Nothing in the preceding sentence shall be construed to prohibit the disclosure by an officer or employee of a State of information to another officer or employer of such State (or political subdivision of such State) to the extent necessary in the administration of State tax laws.
(e) Definitions
For purposes of this section, the term—
(1) “petroleum product information” means information relating to petroleum products transported by vessel which is received by the Secretary (A) under section 555 of this title, or (B) under any other legal authority; and
(2) “State taxing agency” means any State agency, body, or commission, or its legal representative, which is charged under the laws of such State with responsibility for the administration of State tax laws.
(f) Omitted
(Pub. L. 99–662, title IX, § 919, Nov. 17, 1986, 100 Stat. 4192.)
heading: Codification
text: Subsec. (f) of this section amended section 555 of this title.
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2201 of this title.
33 U.S.C. § 557b (NAVIGATION AND NAVIGABLE WATERS)
§ 557b. Sale of publications, charts, or other material; deposit of proceeds
The Chief of Engineers is authorized to provide for the sale of any of the material prepared under authority of section 557a of this title; and of publications, charts, or material prepared under his direction pursuant to other legislative authorization or appropriation, and to charge therefor a sum not less than the cost of reproduction. The money received from sales authorized by this section shall be deposited into the Treasury to the credit of miscellaneous receipts, except that in any case in which the cost of reproduction has been paid from the revolving fund established pursuant to the Civil Functions Appropriation Act, 1954, the proceeds shall be deposited to the credit of such fund.
(Pub. L. 85–480, § 2, July 2, 1958, 72 Stat. 279.)
heading: References in Text
text: The Civil Functions Appropriation Act, 1954, referred to in text, is act July 27, 1953, ch. 245, 67 Stat. 197. Provisions of the Act establishing the revolving fund are classified to section 576 of this title.
33 U.S.C. § 576c (NAVIGATION AND NAVIGABLE WATERS)
§ 576c. Corps of Engineers operation of unmanned aircraft systems
(a) In general
The Secretary shall designate an individual, within the headquarters office of the Corps of Engineers, who shall serve as the coordinator and principal approving official for developing the process and procedures by which the Corps of Engineers—
(1) operates and maintains small unmanned aircraft (as defined in section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note)) systems in support of civil works and emergency response missions of the Corps of Engineers; and
(2) acquires, applies for, and receives any necessary Federal Aviation Administration authorizations for such operations and systems.
(b) Requirements
A small unmanned aircraft system acquired, operated, or maintained for carrying out the missions specified in subsection (a) shall be operated in accordance with regulations of the Federal Aviation Administration as a civil aircraft or public aircraft, at the discretion of the Secretary, and shall be exempt from regulations of the Department of Defense, including the Department of the Army, governing such system.
(c) Limitation
A small unmanned aircraft system acquired, operated, or maintained by the Corps of Engineers is excluded from use by the Department of Defense, including the Department of the Army, for any mission of the Department of Defense other than a mission specified in subsection (a).
(Pub. L. 114–322, title I, § 1124, Dec. 16, 2016, 130 Stat. 1647.)
heading: References in Text
text: Section 331 of the FAA Modernization and Reform Act of 2012, referred to in subsec. (a)(1), is section 331 of Pub. L. 112–95, which is set out in a note under section 40101 of Title 49, Transportation.
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. § 578a (NAVIGATION AND NAVIGABLE WATERS)
§ 578a. Disposition studies
(a) In general
In carrying out a disposition study for a project of the Corps of Engineers, including a disposition study under section 549a of this title or an assessment under section 6002 of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1349), the Secretary shall consider the extent to which the property concerned has economic, cultural, historic, or recreational significance or impacts at the national, State, or local level.
(b) Completion of assessment and inventory
Not later than 1 year after December 16, 2016, the Secretary shall complete the assessment and inventory required under section 6002(a) of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1349).
(Pub. L. 114–322, title I, § 1165, Dec. 16, 2016, 130 Stat. 1670.)
heading: References in Text
text: Section 6002 of the Water Resources Reform and Development Act of 2014, referred to in text, is section 6002 of Pub. L. 113–121, title VI, June 10, 2014, 128 Stat. 1349, which is not classified to the Code.
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. § 579b (NAVIGATION AND NAVIGABLE WATERS)
§ 579b. Omitted
heading: Codification
text: Section, Pub. L. 113–121, title VI, § 6001, June 10, 2014, 128 Stat. 1345; Pub. L. 114–322, title I, § 1301(g), Dec. 16, 2016, 130 Stat. 1690, consisted of subsecs. (a) to (f) relating to deauthorization of inactive projects authorized for construction before Nov. 8, 2007. Subsecs. (a) and (c) to (f) were repealed by Pub. L. 114–322, title I, § 1301(g), Dec. 16, 2016, 130 Stat. 1690. Subsec. (b) of section 6001 of Pub. L. 113–121 amended section 579a of this title.