dreamproit/uscode huggingface dataset:
33 U.S.C. § 2310 (NAVIGATION AND NAVIGABLE WATERS)
§ 2310. Cost sharing for Territories and Indian tribes
(a) In general
The Secretary shall waive local cost-sharing requirements up to $200,000 for all studies and projects—
(1) in American Samoa, Guam, the Northern Mariana Islands, the Virgin Islands, Puerto Rico, and the Trust Territory of the Pacific Islands; and
(2) for any Indian tribe (as defined in section 5130 of title 25).
(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; Pub. L. 114–322, title I, § 1119, Dec. 16, 2016, 130 Stat. 1643.)
heading: Amendments
text: 2016—Pub. L. 114–322, § 1119(1), inserted “and Indian tribes” after “Territories” in section catchline.
Subsec. (a). Pub. L. 114–322, § 1119(2), substituted “projects—
“(1) in American”
for “projects in American” and added par. (2).
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.
33 U.S.C. § 2317b (NAVIGATION AND NAVIGABLE WATERS)
§ 2317b. Mitigation banks and in-lieu fee arrangements
(1) In general
Not later than 180 days after December 16, 2016, the Secretary shall issue implementation guidance that provides for the consideration in water resources development feasibility studies of the entire amount of potential in-kind credits available at mitigation banks approved by the Secretary and in-lieu fee programs with an approved service area that includes the location of the projected impacts of the water resources development project.
(2) Requirements
All potential mitigation bank and in-lieu fee credits that meet the criteria under paragraph (1) shall be considered a reasonable alternative for planning purposes if—
(A) the applicable mitigation bank—
(i) has an approved mitigation banking instrument; and
(ii) has completed a functional analysis of the potential credits using the approved Corps of Engineers certified habitat assessment model specific to the region; and
(B) the Secretary determines that the use of such banks or in-lieu fee programs provide reasonable assurance that the statutory (and regulatory) mitigation requirements for a water resources development project are met, including monitoring or demonstrating mitigation success.
(3) Effect
Nothing in this subsection—
(A) modifies or alters any requirement for a water resources development project to comply with applicable laws or regulations, including section 2283 of this title; or
(B) shall be construed as to limit mitigation alternatives or require the use of mitigation banks or in-lieu fee programs.
(Pub. L. 110–114, title II, § 2036(c), Nov. 8, 2007, 121 Stat. 1094; Pub. L. 114–322, title I, § 1163, Dec. 16, 2016, 130 Stat. 1669.)
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: 2016—Pub. L. 114–322 amended section generally. Prior to amendment, section related to use of the mitigation bank for certain water resources projects that involved wetlands mitigation.
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. § 2320 (NAVIGATION AND NAVIGABLE WATERS)
§ 2320. Protection of recreational and commercial uses
(a) General rule
In planning any water resources project, the Secretary shall consider the impact of the project on existing and future recreational and commercial uses in the area surrounding the project.
(b) Maintenance
Whenever the Secretary maintains, repairs, rehabilitates, or reconstructs a water resources project which will result in a change in the configuration of a structure which is a part of such project, the Secretary, to the maximum extent practicable, shall carry out such maintenance, repair, rehabilitation, or reconstruction in a manner which will not adversely affect any recreational use established with respect to such project before the date of such maintenance, repair, rehabilitation, or reconstruction.
(c) Mitigation
(1) In general
If maintenance, repair, rehabilitation, or reconstruction of a water resources project by the Secretary results in a change in the configuration of any structure which is a part of such project and has an adverse effect on a recreational use established with respect to such project before the date of such maintenance, repair, rehabilitation, or reconstruction, the Secretary, to the maximum extent practicable, shall take such actions as may be necessary to restore such recreational use or provide alternative opportunities for comparable recreational use.
(2) Maximum amount
The Secretary may not expend more than $2,000,000 in a fiscal year to carry out this subsection.
(3) Termination date
This subsection shall not be effective after the last day of the 5-year period beginning on November 28, 1990; except that the Secretary may complete any restoration commenced under this subsection on or before such last day.
(d) Applicability
(1) General rule
Subsections (b) and (c) shall apply to maintenance, repair, rehabilitation, or reconstruction for which physical construction is initiated after May 1, 1988.
(2) Limitation
Subsections (b) and (c) shall not apply to any action of the Secretary which is necessary to discontinue the operation of a water resources project.
(e) Cost sharing
Costs incurred by the Secretary to carry out the objectives of this section shall be allocated to recreation and shall be payable by the beneficiaries of the recreation.
(Pub. L. 101–640, title III, § 313, Nov. 28, 1990, 104 Stat. 4640.)
heading: Codification
text: Section was enacted as part of the Water Resources Development Act of 1990, 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. 101–640, set out as a note under section 2201 of this title.
33 U.S.C. § 2323 (NAVIGATION AND NAVIGABLE WATERS)
§ 2323. Technical assistance to private entities
(a) Use of Corps research and development labs
The Secretary is authorized to use Corps of Engineers research and development laboratories to provide research and development assistance to corporations, partnerships, limited partnerships, consortia, public and private foundations, universities, and nonprofit organizations operating within the United States, territories or possessions of the United States, and the Commonwealths of Puerto Rico and the Northern Mariana Islands—
(1) if the entity furnishes in advance of fiscal obligation by the United States such funds as are necessary to cover any and all costs of such research and development assistance;
(2) if the Secretary determines that the research and development assistance to be provided is within the mission of the Corps of Engineers and is in the public interest;
(3) if the entity has certified to the Secretary that provision of such research and development assistance is not otherwise reasonably and expeditiously obtainable from the private sector; and
(4) if the entity has agreed to hold and save the United States free from any damages due to any such research and development assistance.
(b) Contract
The Secretary may provide research and development assistance under subsection (a), or any part thereof, by contract.
(c) Omitted
(Pub. L. 101–640, title III, § 318, Nov. 28, 1990, 104 Stat. 4641.)
heading: Codification
text: Section is comprised of section 318 of Pub. L. 101–640. Subsec. (c) of section 318 of Pub. L. 101–640 amended section 2314a of this title.
Section was enacted as part of the Water Resources Development Act of 1990, 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. 101–640, set out as a note under section 2201 of this title.
33 U.S.C. § 2324 (NAVIGATION AND NAVIGABLE WATERS)
§ 2324. Reduced pricing for certain water supply storage
(a) Provision of storage space
If a low income community requests the Secretary to provide water supply storage space in a water resources development project operated by the Secretary and if the amount of space requested is available or could be made available through reallocation of water supply storage space in the project or through modifications to operation of the project, the Secretary may provide such space to the community at a price determined under subsection (c).
(b) Maximum amount of storage space
The maximum amount of water supply storage space which may be provided to a community under this section may not exceed an amount of water supply storage space sufficient to yield 2,000,000 gallons of water per day.
(c) Price
The Secretary shall provide water supply storage space under this section at a price which is the greater of—
(1) the updated construction cost of the project allocated to provide such amount of water supply storage space or $100 per acre foot of storage space, whichever is less; and
(2) the value of the benefits which are lost as a result of providing such water supply storage space.
(d) Determinations
For purposes of subsection (c), the determinations of updated construction costs and value of benefits lost shall be made by the Secretary on the basis of the most recent information available.
(e) Inflation adjustment of dollar amount
The $100 amount set forth in subsection (c) shall be adjusted annually by the Secretary for changes in the Consumer Price Index of All Urban Consumers published by the Bureau of Labor Statistics.
(f) Non-Federal responsibilities
Nothing in this section shall be construed as affecting the responsibility of non-Federal interests to provide operation and maintenance costs assigned to water supply storage provided under this section.
(g) “Low income community” defined
The term “low income community” means a community with a population of less than 20,000 which is located in a county with a per capita income less than the per capita income of two-thirds of the counties in the United States.
(Pub. L. 101–640, title III, § 322, Nov. 28, 1990, 104 Stat. 4643.)
heading: Codification
text: Section was enacted as part of the Water Resources Development Act of 1990, 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. 101–640, set out as a note under section 2201 of this title.
33 U.S.C. § 2325 (NAVIGATION AND NAVIGABLE WATERS)
§ 2325. Voluntary contributions for environmental and recreation projects
(a) Acceptance
In connection with carrying out a water resources project for environmental protection and restoration or a water resources project for recreation, the Secretary is authorized to accept contributions of cash, funds, materials, and services from persons, including governmental entities but excluding the project sponsor.
(b) Deposit
Any cash or funds received by the Secretary under subsection (a) shall be deposited into the account in the Treasury of the United States entitled “Contributions and Advances, Rivers and Harbors, Corps of Engineers (8862)” and shall be available until expended to carry out water resources projects described in subsection (a).
(Pub. L. 102–580, title II, § 203, Oct. 31, 1992, 106 Stat. 4826; Pub. L. 104–303, title II, § 236(a), Oct. 12, 1996, 110 Stat. 3705.)
heading: Codification
text: Section was enacted as part of the Water Resources Development Act of 1992, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
heading: Amendments
text: 1996—Subsec. (b). Pub. L. 104–303 substituted “(8862)” for “(8662)”.
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 3 of Pub. L. 102–580, set out as a note under section 2201 of this title.
33 U.S.C. § 2326d (NAVIGATION AND NAVIGABLE WATERS)
§ 2326d. Alternative projects to maintenance dredging
The Secretary may enter into agreements to assume the operation and maintenance costs of an alternative project to maintenance dredging for a Federal navigation channel if the costs of the operation and maintenance of the alternative project, and any remaining costs necessary for maintaining the Federal navigation channel, are less than the costs of maintaining such channel without the alternative project.
(Pub. L. 114–322, title I, § 1106, 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. § 2326f (NAVIGATION AND NAVIGABLE WATERS)
§ 2326f. Maintenance dredging data
(a) In general
The Secretary shall establish, maintain, and make publicly available a database on maintenance dredging carried out by the Secretary, which shall include information on maintenance dredging carried out by Federal and non-Federal vessels.
(b) Scope
The Secretary shall include in the database maintained under subsection (a), for each maintenance dredging project and contract, estimated and actual data on—
(1) the volume of dredged material removed;
(2) the initial cost estimate of the Corps of Engineers;
(3) the total cost;
(4) the party and vessel carrying out the work; and
(5) the number of private contractor bids received and the bid amounts, including bids that did not win the final contract award.
(Pub. L. 114–322, title I, § 1133, Dec. 16, 2016, 130 Stat. 1654.)
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. § 2329 (NAVIGATION AND NAVIGABLE WATERS)
§ 2329. International outreach program
(a) Authorization
(1) In general
The Secretary may engage in activities to inform the United States of technological innovations abroad that could significantly improve water resources development in the United States.
(2) Inclusions
Activities under paragraph (1) may include—
(A) development, monitoring, assessment, and dissemination of information about foreign water resources projects that could significantly improve water resources development in the United States;
(B) research, development, training, and other forms of technology transfer and exchange; and
(C) offering technical services that cannot be readily obtained in the private sector to be incorporated into water resources projects if the costs for assistance will be recovered under the terms of each project.
(b) Cooperation
The Secretary may carry out the provisions of this section in cooperation with Federal departments and agencies, State and local agencies, authorities, institutions, corporations (profit or nonprofit), foreign governments, or other organizations.
(c) Funding
The funds to carry out the provisions of this section shall include funds deposited in a special account with the Secretary of the Treasury for such purposes by any cooperating entity or organization according to cost-sharing agreements proscribed by the Secretary. Reimbursement for services provided under this section shall be credited to the appropriation concerned.
(Pub. L. 102–580, title IV, § 401, Oct. 31, 1992, 106 Stat. 4862; Pub. L. 114–322, title I, § 1138, Dec. 16, 2016, 130 Stat. 1657.)
heading: Codification
text: Section was enacted as part of the Water Resources Development Act of 1992, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
heading: Amendments
text: 2016—Subsec. (a). Pub. L. 114–322 amended subsec. (a) generally. Prior to amendment, subsec. (a) authorized the Secretary to engage in activities to inform the United States maritime industry and port authorities of technological innovations abroad that could significantly improve waterborne transportation in the United States, both inland and deep draft.
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 3 of Pub. L. 102–580, set out as a note under section 2201 of this title.
33 U.S.C. § 2330a (NAVIGATION AND NAVIGABLE WATERS)
§ 2330a. Monitoring ecosystem restoration
(a) In general
In conducting a feasibility study for a project (or a component of a project) for ecosystem restoration, the Secretary shall ensure that the recommended project includes, as an integral part of the project, a plan for monitoring the success of the ecosystem restoration.
(b) Monitoring plan
The monitoring plan shall—
(1) include a description of the monitoring activities to be carried out, the criteria for ecosystem restoration success, and the estimated cost and duration of the monitoring; and
(2) specify that the monitoring shall continue until such time as the Secretary determines that the criteria for ecosystem restoration success will be met.
(c) Cost share
For a period of 10 years from completion of construction of a project (or a component of a project) for ecosystem restoration, the Secretary shall consider the cost of carrying out the monitoring as a project cost. If the monitoring plan under subsection (b) requires monitoring beyond the 10-year period, the cost of monitoring shall be a non-Federal responsibility.
(d) Inclusions
A monitoring plan under subsection (b) shall include a description of—
(1) the types and number of restoration activities to be conducted;
(2) the physical action to be undertaken to achieve the restoration objectives of the project;
(3) the functions and values that will result from the restoration plan; and
(4) a contingency plan for taking corrective actions in cases in which monitoring demonstrates that restoration measures are not achieving ecological success in accordance with criteria described in the monitoring plan.
(e) Conclusion of operation and maintenance responsibility
The responsibility of a non-Federal interest for operation and maintenance of the nonstructural and nonmechanical elements of a project, or a component of a project, for ecosystem restoration shall cease 10 years after the date on which the Secretary makes a determination of success under subsection (b)(2).
(f) Federal obligations
The Secretary is not responsible for the operation or maintenance of any components of a project with respect to which a non-Federal interest is released from obligations under subsection (e).
(Pub. L. 110–114, title II, § 2039, Nov. 8, 2007, 121 Stat. 1100; Pub. L. 114–322, title I, § 1161, Dec. 16, 2016, 130 Stat. 1668.)
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: 2016—Subsecs. (d) to (f). Pub. L. 114–322 added subsecs. (d) to (f).
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. § 2330b (NAVIGATION AND NAVIGABLE WATERS)
§ 2330b. Fish hatcheries
(a) In general
Notwithstanding any other provision of law, the Secretary may operate a fish hatchery for the purpose of restoring a population of fish species located in the region surrounding the fish hatchery that is listed as a threatened species or an endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or a similar State law.
(b) Costs
A non-Federal entity, another Federal agency, or a group of non-Federal entities or other Federal agencies shall be responsible for 100 percent of the additional costs associated with managing a fish hatchery for the purpose described in subsection (a) that are not authorized as of December 16, 2016, for the fish hatchery.
(Pub. L. 114–322, title I, § 1168, Dec. 16, 2016, 130 Stat. 1671.)
heading: References in Text
text: The Endangered Species Act of 1973, referred to in subsec. (a), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified principally to chapter 35 (§ 1531 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of Title 16 and Tables.
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. § 2331 (NAVIGATION AND NAVIGABLE WATERS)
§ 2331. Use of continuing contracts for construction of certain projects
(a) In general
Notwithstanding any other provision of law, the Secretary shall not implement a fully allocated funding policy with respect to a water resource project if initiation of construction has occurred but sufficient funds are not available to complete the project.
(b) Continuing contracts
The Secretary shall enter into a continuing contract for a project described in subsection (a).
(c) Initiation of construction clarified
For the purposes of this section, initiation of construction for a project occurs on the date of enactment of an Act that appropriates funds for the project from 1 of the following appropriation accounts:
(1) Construction, General.
(2) Operation and Maintenance, General.
(3) Flood Control, Mississippi River and Tributaries.
(Pub. L. 106–53, title II, § 206, Aug. 17, 1999, 113 Stat. 286.)
heading: Codification
text: Section was enacted as part of the Water Resources Development Act of 1999, 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. 106–53, set out as a note under section 2201 of this title.
33 U.S.C. § 2331a (NAVIGATION AND NAVIGABLE WATERS)
§ 2331a. Initiating work on separable elements
With respect to a water resources development project that has received construction funds in the previous 6-year period, for purposes of initiating work on a separable element of the project—
(1) no new start or new investment decision shall be required; and
(2) the work shall be treated as ongoing work.
(Pub. L. 114–322, title I, § 1146, Dec. 16, 2016, 130 Stat. 1659.)
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.