dreamproit/uscode huggingface dataset:
33 U.S.C. § 579c–1 (NAVIGATION AND NAVIGABLE WATERS)
§ 579c–1. Backlog prevention
(a) Project deauthorization
(1) In general
A water resources development project, or separable element of such a project, authorized for construction by this Act shall not be authorized after the last day of the 10-year period beginning on December 16, 2016, unless—
(A) funds have been obligated for construction of, or a post-authorization study for, such project or separable element during that period; or
(B) the authorization contained in this Act has been modified by a subsequent Act of Congress.
(2) Identification of projects
Not later than 60 days after the expiration of the 10-year period referred to in paragraph (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 identifies the projects deauthorized under paragraph (1).
(b) Report to Congress
Not later than 60 days after the expiration of the 12-year period beginning on December 16, 2016, 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 available to the public, a report that contains—
(1) a list of any water resources development projects authorized by this Act for which construction has not been completed during that period;
(2) a description of the reasons the projects were not completed;
(3) a schedule for the completion of the projects based on expected levels of appropriations; and
(4) a 5-year and 10-year projection of construction backlog and any recommendations to Congress regarding how to mitigate current problems and the backlog.
(Pub. L. 114–322, title I, § 1302, Dec. 16, 2016, 130 Stat. 1690.)
heading: References in Text
text: This Act, referred to in subsecs. (a)(1) and (b)(1), means Pub. L. 114–322, December 16, 2016, 130 Stat. 1628, known as the Water Infrastructure Improvements for the Nation Act or the WIIN Act. For complete classification of this Act to the Code, see Tables.
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. § 603a (NAVIGATION AND NAVIGABLE WATERS)
§ 603a. Removal of snags and debris, and straightening, clearing, and protecting channels in navigable waters
The Secretary of the Army is authorized to allot not to exceed $5,000,000 from any appropriations made prior to or after March 2, 1945, for any one fiscal year for improvement of rivers and harbors, for removing accumulated snags, obstructions, and other debris located in or adjacent to a Federal channel, and for protecting, clearing, and straightening channels in navigable harbors and navigable streams and tributaries thereof, when in the opinion of the Chief of Engineers such work is advisable in the interest of navigation, flood control, or recreation.
(Mar. 2, 1945, ch. 19, § 3, 59 Stat. 23; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Pub. L. 99–662, title IX, § 915(g), Nov. 17, 1986, 100 Stat. 4191; Pub. L. 114–322, title I, § 1164, Dec. 16, 2016, 130 Stat. 1670.)
heading: Amendments
text: 2016—Pub. L. 114–322 substituted “$5,000,000” for “$1,000,000”, “accumulated snags, obstructions, and other debris located in or adjacent to a Federal channel’ for “accumulated snags and other debris”, and “, flood control, or recreation” for “or flood control”.
1986—Pub. L. 99–662 substituted “$1,000,000” for “$300,000”.
heading: Change of Name
text: Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.
heading: Effective Date of 1986 Amendment
text: Amendment by Pub. L. 99–662 not applicable to any project under contract for construction on Nov. 17, 1986, see section 915(i) of Pub. L. 99–662, set out as a note under section 426g of this title.
33 U.S.C. § 701b–10 (NAVIGATION AND NAVIGABLE WATERS)
§ 701b–10. Omitted
heading: Codification
text: Section, act July 27, 1953, ch. 245, § 101, 67 Stat. 199; Pub. L. 114–322, title I, § 1160, Dec. 16, 2016, 130 Stat. 1667, related to a revolving fund for expenses of the Corps of Engineers.
Section is set out as section 576 of this title.
33 U.S.C. § 708 (NAVIGATION AND NAVIGABLE WATERS)
§ 708. Sale of surplus waters for domestic and industrial uses; disposition of moneys
The Secretary of the Army is authorized to make contracts with States, municipalities, private concerns, or individuals, at such prices and on such terms as he may deem reasonable, for domestic and industrial uses for surplus water that may be available at any reservoir under the control of the Department of the Army: Provided, That no contracts for such water shall adversely affect then existing lawful uses of such water. All moneys received from such contracts shall be deposited in the Treasury of the United States as miscellaneous receipts.
(Dec. 22, 1944, ch. 665, § 6, 58 Stat. 890; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; May 23, 1952, ch. 328, § 1(a), 66 Stat. 93.)
heading: Amendments
text: 1952—Act May 23, 1952, revived and reenacted section.
heading: Change of Name
text: Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.
heading: Repeals
text: Act May 23, 1952, § 1(b), repealed paragraph (59) of section 1 of act Oct. 31, 1951, ch. 654, 65 Stat. 703, which had previously repealed this section.
heading: Transfer of Functions
text: For transfer of certain personal property and functions relating thereto, insofar as they pertain to Air Force, from Secretary of the Army and Department of the Army to Secretary of the Air Force and Department of the Air Force, see Secretary of Defense Transfer Order No. 39, eff. May 18, 1949, and 40 [App. B (98)], July 22, 1949.
heading: Section as Unaffected by Submerged Lands Act
text: Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43, Public Lands.
heading: Conversion of Surplus Water Agreements
text: Pub. L. 114–322, title I, § 1174, Dec. 16, 2016, 130 Stat. 1673, provided that: “For the purposes of section 6 of the Act of December 22, 1944 (58 Stat. 890, chapter 665; 33 U.S.C. 708), in any case in which a water supply agreement with a duration of 30 years or longer was predicated on water that was surplus to a purpose and provided for the complete payment of the actual investment costs of storage to be used, and that purpose is no longer authorized as of the date of enactment of this section [Dec. 16, 2016], the Secretary [of the Army] shall provide to the non-Federal entity an opportunity to convert the agreement to a permanent storage agreement in accordance with section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b), with the same payment terms incorporated in the agreement.”
33 U.S.C. § 857–15 (NAVIGATION AND NAVIGABLE WATERS)
§ 857–15. Reports
(a) In general
The Committee shall submit an annual report to the President and to the Congress setting forth an assessment, on a selective basis, of the status of the Nation’s marine and atmospheric activities, and shall submit such other reports as may from time to time be requested by the President or the Congress.
(b) Review by Secretary
Each annual report shall also be submitted to the Secretary of Commerce, who shall, within 60 days after receipt thereof, transmit his or her comments and recommendations to the President and to the Congress.
(c) Annual report submittal
The annual report required under subsection (a) shall be submitted on or before June 30 of each year, beginning with June 30, 1978.
(Pub. L. 95–63, § 4, July 5, 1977, 91 Stat. 266.)
heading: Prior Provisions
text: A provision similar to that contained in this section, which required an annual report, beginning June 30, 1972, from the National Advisory Committee on Oceans and Atmosphere as originally established on Aug. 16, 1971, was contained in section 857–9 of this title prior to repeal by section 7(a) of Pub. L. 95–63.
heading: Termination of Reporting Requirements
text: For termination, effective May 15, 2000, of provisions in subsec. (a) of this section relating to submitting an annual report to Congress and provisions in subsec. (b) of this section relating to annually transmitting comments and recommendations to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and pages 50 and 177 of House Document No. 103–7.
heading: Termination of Advisory Committees
text: Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See section 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.
33 U.S.C. § 891c (NAVIGATION AND NAVIGABLE WATERS)
§ 891c. Design of NOAA vessels
(a) Design requirement
Except for the vessel designs identified under subsection (b), the Secretary, working through the Office of the NOAA Corps Operations and the Systems Procurement Office, shall—
(1) prepare requirements for each class of vessel to be constructed or converted under the Plan; and
(2) contract competitively from nongovernmental entities with expertise in shipbuilding for vessel design and construction based on the requirements for each class of vessel to be acquired.
(b) Exception
The Secretary shall—
(1) report to Congress identifying any existing vessel design or design proposal that meets the requirements of the Plan within 30 days after October 29, 1992, and shall promptly advise the Congress of any modification of these designs; and
(2) submit to Congress as part of the annual update of the Plan required in section 891b of this title, any subsequent existing vessel design or design proposals that meet the requirements of the Plan.
(Pub. L. 102–567, title VI, § 605, Oct. 29, 1992, 106 Stat. 4300.)
33 U.S.C. § 892b (NAVIGATION AND NAVIGABLE WATERS)
§ 892b. Quality assurance program
(a) Definition
For purposes of this section, the term “hydrographic product” means any publicly or commercially available product produced by a non-Federal entity that includes or displays hydrographic data.
(b) Program
(1) In general
The Administrator—
(A) by not later than 2 years after December 19, 2002, shall, subject to the availability of appropriations, develop and implement a quality assurance program that is equally available to all applicants, under which the Administrator may certify hydrographic products that satisfy the standards promulgated by the Administrator under section 892a(a)(3) of this title;
(B) may authorize the use of the emblem or any trademark of the Administration on a hydrographic product certified under subparagraph (A); and
(C) may charge a fee for such certification and use.
(2) Limitation on fee amount
Any fee under paragraph (1)(C) shall not exceed the costs of conducting the quality assurance testing, evaluation, or studies necessary to determine whether the hydrographic product satisfies the standards adopted under section 892a(a)(3) of this title, including the cost of administering such a program.
(c) Limitation on liability
The Government of the United States shall not be liable for any negligence by a person that produces hydrographic products certified under this section.
(d) Hydrographic Services Account
(1) Establishment
There is established in the Treasury a separate account, which shall be known as the “Hydrographic Services Account”.
(2) Content
The account shall consist of—
(A) amounts received by the United States as fees charged under subsection (b)(1)(C); and
(B) such other amounts as may be provided by law.
(3) Use
Amounts in the account shall be available to the Administrator, without further appropriation, for hydrographic services.
(e) Limitation on new fees and increases in existing fees for hydrographic services
After November 13, 1998, the Administrator may not—
(1) establish any fee or other charge for the provision of any hydrographic service except as authorized by this section; or
(2) increase the amount of any fee or other charge for the provision of any hydrographic service except as authorized by this section and section 1307 of title 44.
(Pub. L. 105–384, title III, § 304, Nov. 13, 1998, 112 Stat. 3455; Pub. L. 107–372, title I, § 104(a), Dec. 19, 2002, 116 Stat. 3080.)
heading: Amendments
text: 2002—Subsec. (b)(1). Pub. L. 107–372 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The Administrator may—
“(A) develop and implement a quality assurance program that is equally available to all applicants, under which the Administrator may certify hydrographic products that satisfy the standards promulgated by the Administrator under section 892a(a)(3) of this title;
“(B) authorize the use of the emblem or any trademark of the Administration on a hydrographic product certified under subparagraph (A); and
“(C) charge a fee for such certification and use.”
33 U.S.C. § 1223a (NAVIGATION AND NAVIGABLE WATERS)
§ 1223a. Electronic charts
(a) System requirements
(1) Requirements
Subject to paragraph (2), the following vessels, while operating on the navigable waters of the United States, shall be equipped with and operate electronic charts under regulations prescribed by the Secretary of the department in which the Coast Guard is operating:
(A) A self-propelled commercial vessel of at least 65 feet overall length.
(B) A vessel carrying more than a number of passengers for hire determined by the Secretary.
(C) A towing vessel of more than 26 feet in overall length and 600 horsepower.
(D) Any other vessel for which the Secretary decides that electronic charts are necessary for the safe navigation of the vessel.
(2) Exemptions and waivers
The Secretary may—
(A) exempt a vessel from paragraph (1), if the Secretary finds that electronic charts are not necessary for the safe navigation of the vessel on the waters on which the vessel operates; and
(B) waive the application of paragraph (1) with respect to operation of vessels on navigable waters of the United States specified by the Secretary, if the Secretary finds that electronic charts are not needed for safe navigation on those waters.
(b) Regulations
The Secretary of the department in which the Coast Guard is operating shall prescribe regulations implementing subsection (a) before January 1, 2007, including requirements for the operation and maintenance of the electronic charts required under subsection (a).
(Pub. L. 92–340, § 4A, as added Pub. L. 108–293, title IV, § 410, Aug. 9, 2004, 118 Stat. 1045.)
33 U.S.C. § 1228 (NAVIGATION AND NAVIGABLE WATERS)
§ 1228. Conditions for entry to ports in the United States
(a) In general
No vessel, subject to the provisions of chapter 37 of title 46, shall operate in the navigable waters of the United States or transfer cargo or residue in any port or place under the jurisdiction of the United States, if such vessel—
(1) has a history of accidents, pollution incidents, or serious repair problems which, as determined by the Secretary, creates reason to believe that such vessel may be unsafe or may create a threat to the marine environment; or
(2) fails to comply with any applicable regulation issued under this chapter, chapter 37 of title 46, or under any other applicable law or treaty; or
(3) discharges oil or hazardous material in violation of any law of the United States or in a manner or quantities inconsistent with the provisions of any treaty to which the United States is a party; or
(4) does not comply with any applicable vessel traffic service requirements; or
(5) is manned by one or more officers who are licensed by a certificating state which the Secretary has determined, pursuant to section 9101 of title 46, does not have standards for licensing and certification of seafarers which are comparable to or more stringent than United States standards or international standards which are accepted by the United States; or
(6) is not manned in compliance with manning levels as determined by the Secretary to be necessary to insure the safe navigation of the vessel; or
(7) while underway, does not have at least one licensed deck officer on the navigation bridge who is capable of clearly understanding English.
(b) Exceptions
The Secretary may allow provisional entry of a vessel not in compliance with subsection (a), if the owner or operator of such vessel proves, to the satisfaction of the Secretary, that such vessel is not unsafe or a threat to the marine environment, and if such entry is necessary for the safety of the vessel or persons aboard. In addition, paragraphs (1), (2), (3), and (4) of subsection (a) shall not apply if the owner or operator of such vessel proves, to the satisfaction of the Secretary, that such vessel is no longer unsafe or a threat to the marine environment, and is no longer in violation of any applicable law, treaty, regulation or condition, as appropriate. Clauses (5) and (6) of subsection (a) shall become applicable eighteen months after October 17, 1978.
(Pub. L. 92–340, § 9, as added Pub. L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1476; amended Pub. L. 101–380, title IV, § 4106(c), Aug. 18, 1990, 104 Stat. 514.)
heading: Amendments
text: 1990—Subsec. (a). Pub. L. 101–380, § 4106(c)(1), substituted “chapter 37 of title 46” for “section 4417a of the Revised Statutes, as amended” in provisions preceding par. (1) and in par. (2) and substituted “section 9101 of title 46” for “section 4417a(11) of the Revised Statutes, as amended” in par. (5).
heading: Effective Date of 1990 Amendment
text: Amendment by Pub. L. 101–380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as an Effective Date note under section 2701 of this title.
33 U.S.C. § 1263a (NAVIGATION AND NAVIGABLE WATERS)
§ 1263a. Grants to Alaska to improve sanitation in rural and Native villages
(a) In general
The Administrator of the Environmental Protection Agency may make grants to the State of Alaska for the benefit of rural and Native villages in Alaska to pay the Federal share of the cost of—
(1) the development and construction of public water systems and wastewater systems to improve the health and sanitation conditions in the villages; and
(2) training, technical assistance, and educational programs relating to the operation and management of sanitation services in rural and Native villages.
(b) Federal share
The Federal share of the cost of the activities described in subsection (a) shall be 50 percent.
(c) Administrative expenses
The State of Alaska may use an amount not to exceed 4 percent of any grant made available under this subsection 1 for administrative expenses necessary to carry out the activities described in subsection (a).
(d) Consultation with State of Alaska
The Administrator shall consult with the State of Alaska on a method of prioritizing the allocation of grants under subsection (a) according to the needs of, and relative health and sanitation conditions in, each eligible village.
(e) Authorization of appropriations
There are authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2001 through 2005.
(Pub. L. 104–182, title III, § 303, Aug. 6, 1996, 110 Stat. 1683; Pub. L. 106–457, title IX, § 903, Nov. 7, 2000, 114 Stat. 1982.)
heading: Codification
text: Section was enacted as part of the Safe Drinking Water Act Amendments of 1996, and not as part of the Federal Water Pollution Control Act which comprises this chapter.
heading: Amendments
text: 2000—Subsec. (e). Pub. L. 106–457 substituted “to carry out this section $40,000,000 for each of fiscal years 2001 through 2005” for “$15,000,000 for each of the fiscal years 1997 through 2000 to carry out this section”.
33 U.S.C. § 1385 (NAVIGATION AND NAVIGABLE WATERS)
§ 1385. Corrective action
(a) Notification of noncompliance
If the Administrator determines that a State has not complied with its agreement with the Administrator under section 1382 of this title or any other requirement of this subchapter, the Administrator shall notify the State of such noncompliance and the necessary corrective action.
(b) Withholding of payments
If a State does not take corrective action within 60 days after the date a State receives notification of such action under subsection (a), the Administrator shall withhold additional payments to the State until the Administrator is satisfied that the State has taken the necessary corrective action.
(c) Reallotment of withheld payments
If the Administrator is not satisfied that adequate corrective actions have been taken by the State within 12 months after the State is notified of such actions under subsection (a), the payments withheld from the State by the Administrator under subsection (b) shall be made available for reallotment in accordance with the most recent formula for allotment of funds under this subchapter.
(June 30, 1948, ch. 758, title VI, § 605, as added Pub. L. 100–4, title II, § 212(a), Feb. 4, 1987, 101 Stat. 25.)