dreamproit/uscode huggingface dataset:
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: Statutory Notes and Related Subsidiaries
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. § 2211a (NAVIGATION AND NAVIGABLE WATERS)
§ 2211a. Preserving United States harbors
(a) In general
Upon a request from a non-Federal interest, the Secretary shall review a report developed by the non-Federal interest that provides an economic justification for Federal investment in the operation and maintenance of a federally authorized harbor or inland harbor (referred to in this section as a “federally authorized harbor”).
(b) Justification of investment
A report submitted under subsection (a) may provide for an economic justification of Federal investment in the operation and maintenance of a federally authorized harbor based on—
(1) the projected economic benefits, including transportation savings and job creation; and
(2) other factors, including navigation safety, national security, and sustainability of subsistence harbors.
(c) Written response
Not later than 180 days after the date on which the Secretary receives a report under subsection (a), the Secretary shall provide to the non-Federal interest a written response to the report, including an assessment of the information provided by the non-Federal interest.
(d) Prioritization
As the Secretary determines to be appropriate, the Secretary may use the information provided in the report under subsection (a) to justify additional operation and maintenance funding for a federally authorized harbor in accordance with section 2211(b) of this title.
(e) Limitation on statutory construction
Nothing in this section may be construed to preclude the operation and maintenance of a federally authorized harbor under section 2211(b) of this title.
(Pub. L. 113–121, title II, § 2107, June 10, 2014, 128 Stat. 1281.)
heading: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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. § 2216 (NAVIGATION AND NAVIGABLE WATERS)
§ 2216. Rate of interest
Whenever a non-Federal interest is required or elects to repay an amount under this Act over a period of time, the amount to be repaid shall include interest at a rate determined by the Secretary of the Treasury, taking into consideration the average market yields on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the reimbursement period, during the month preceding the fiscal year in which costs for the construction of the project are first incurred (or in the case of recalculation the fiscal year in which the recalculation is made), plus a premium of one-eighth of one percentage point for transaction costs; except that such rates for hydroelectric power shall be in accordance with existing law.
(Pub. L. 99–662, title I, § 106, Nov. 17, 1986, 100 Stat. 4089.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in text, is Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4082, as amended, known as the Water Resources Development Act of 1986. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables.
33 U.S.C. § 2217 (NAVIGATION AND NAVIGABLE WATERS)
§ 2217. Limitation on applicability of certain provisions in reports
If any provision in any report designated by this Act recommends that a State contribute in cash 5 percent of the construction costs allocated to non-vendible project purposes and 10 percent of the construction costs allocated to vendible project purposes, such provision shall not apply to the project recommended in such report.
(Pub. L. 99–662, title I, § 107, Nov. 17, 1986, 100 Stat. 4089.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in text, is Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4082, as amended, known as the Water Resources Development Act of 1986. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables.
33 U.S.C. § 2218 (NAVIGATION AND NAVIGABLE WATERS)
§ 2218. General applicability of cost sharing
Unless otherwise specified, the cost sharing provisions of this subchapter shall apply to all projects in this Act. The Federal share of any cost of a project authorized by this Act for which cost a Federal share is not established in this subchapter, shall be the share of such cost otherwise provided by law.
(Pub. L. 99–662, title I, § 108, Nov. 17, 1986, 100 Stat. 4089.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in text, is Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4082, as amended, known as the Water Resources Development Act of 1986. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables.
33 U.S.C. § 2220 (NAVIGATION AND NAVIGABLE WATERS)
§ 2220. Rivers and harbors and other waterways projects for benefit of navigation, flood control, hurricane protection, beach erosion control, and other purposes
(a) Congressional declaration of policy; purchase of indebtedness and loans to local interests to meet contribution requirements
In the prosecution of projects for rivers and harbors and other waterways for the benefit of navigation, the control of destructive flood waters, hurricane protection, beach erosion control, and for other purposes, authorized to be prosecuted under the direction of the Secretary of the Army under the supervision of the Chief of Engineers in accordance with plans adopted and authorized by the Congress, it is hereby declared to be the policy of the Congress, that whenever such projects are located wholly or partially within an area which is eligible for financial assistance under the Public Works and Economic Development Act of 1965 [42 U.S.C. 3121 et seq.], the Secretary of Commerce is authorized to purchase evidences of indebtedness and to make loans for a period not exceeding fifty years to enable responsible local interests to meet the requirements of local cooperation pertaining to contributions toward the cost of construction of such projects within such areas.
(b) Authorization of appropriations
There is hereby authorized to be appropriated to carry out this section, not to exceed $10,000,000 per fiscal year for the fiscal year ending June 30, 1966, and for each fiscal year thereafter through and including the fiscal year ending June 30, 1970.
(Pub. L. 89–298, title II, § 217, Oct. 27, 1965, 79 Stat. 1088.)
heading: Editorial Notes
heading: References in Text
text: The Public Works and Economic Development Act of 1965, referred to in subsec. (a), is Pub. L. 89–136, Aug. 26, 1965, 79 Stat. 552, as amended, which is classified generally to chapter 38 (§ 3121 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 3121 of Title 42 and Tables.
heading: Codification
text: Section was formerly classified to section 3142a of Title 42, The Public Health and Welfare.
Section was not enacted as part of the Water Resources Development Act of 1986 which comprises this chapter.
33 U.S.C. § 2221 (NAVIGATION AND NAVIGABLE WATERS)
§ 2221. Cost limitations on projects
Beginning in fiscal year 2006 and thereafter, agreements proposed for execution by the Assistant Secretary of the Army for Civil Works or the United States Army Corps of Engineers after November 19, 2005, pursuant to section 560 of this title; section 561 1 of this title; the Civil Functions Appropriations Act, 1936, Public Law 75–208 1 ; section 1962d–5a of title 42; sections 2214, 2231, and 2232 of this title; section 426i–1 1 of this title; section 701b–13 1 of this title; and any other specific project authority, shall be limited to total credits and reimbursements for all applicable projects not to exceed $100,000,000 in each fiscal year.
(Pub. L. 109–103, title I, § 102, Nov. 19, 2005, 119 Stat. 2253.)
heading: Editorial Notes
heading: References in Text
text: Section 561 of this title, referred to in text, was repealed by Pub. L. 115–270, title I, § 1166(c), Oct. 23, 2018, 132 Stat. 3798.
The Civil Functions Appropriations Act, 1936, Public Law 75–208, referred to in text, may mean the War Department Civil Appropriation Act, 1938, act July 19, 1937, ch. 511, 50 Stat. 515, 518, which amended act June 22, 1936, ch. 688, § 5, by adding the proviso classified to section 701h of this title.
Sections 426i–1 and 701b–13 of this title, referred to in text, were repealed by Pub. L. 113–121, title I, § 1014(c)(2), (3), June 10, 2014, 128 Stat. 1222.
heading: Codification
text: Section was enacted as part of the Energy and Water Development Appropriations Act, 2006, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
heading: Prior Provisions
text: Provisions similar to those in this section were contained in the following prior appropriation acts:
Pub. L. 108–447, div. C, title I, § 101, Dec. 8, 2004, 118 Stat. 2941; Pub. L. 109–13, div. A, title VI, § 6005, May 11, 2005, 119 Stat. 282.
Pub. L. 108–137, title I, § 101, Dec. 1, 2003, 117 Stat. 1833.
Pub. L. 108–7, div. D, title I, § 101, Feb. 20, 2003, 117 Stat. 138.
Pub. L. 107–66, title I, § 103, Nov. 12, 2001, 115 Stat. 493.
Pub. L. 106–377, § 1(a)(2) [title I, § 102], Oct. 27, 2000, 114 Stat. 1441, 1441A–65.
Pub. L. 106–60, title I, § 102, Sept. 29, 1999, 113 Stat. 487.
33 U.S.C. § 2222 (NAVIGATION AND NAVIGABLE WATERS)
§ 2222. Use of other Federal funds
The non-Federal interest for a water resources study or project may use, and the Secretary shall accept, funds provided by a Federal agency under any other Federal program, to satisfy, in whole or in part, the non-Federal share of the cost of the study or project if the Federal agency that provides the funds determines that the funds are authorized to be used to carry out the study or project.
(Pub. L. 110–114, title II, § 2007, Nov. 8, 2007, 121 Stat. 1073.)
heading: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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. § 2224 (NAVIGATION AND NAVIGABLE WATERS)
§ 2224. Crediting authority for federally authorized navigation projects
A non-Federal interest may carry out operation and maintenance activities for an authorized navigation project, subject to the condition that the non-Federal interest complies with all Federal laws and regulations applicable to such operation and maintenance activities, and may receive credit for the costs incurred by the non-Federal interest in carrying out such activities towards the share of construction costs of that non-Federal interest for another element of the same project or another authorized navigation project, except that in no instance may such credit exceed 20 percent of the total costs associated with construction of the general navigation features of the project for which such credit may be applied pursuant to this section.
(Pub. L. 113–121, title I, § 1021, June 10, 2014, 128 Stat. 1228.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
33 U.S.C. § 2225 (NAVIGATION AND NAVIGABLE WATERS)
§ 2225. Credit or reimbursement
(a) Requests for credits
With respect to an authorized flood damage reduction project, or separable element thereof, that has been constructed by a non-Federal interest under section 701b–13 1 of this title, or an authorized coastal navigation project that has been constructed by the Corps of Engineers pursuant to section 561 of this title before October 23, 2018, 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 or reimbursement of funds of an equivalent amount, subject to the availability of appropriations.
(b) Application of credits
At the request of the non-Federal interest, the Secretary may apply all or a portion of such credit to the share of the cost of the non-Federal interest of carrying out other flood damage reduction and coastal navigation projects or studies.
(c) Application of reimbursement
At the request of the non-Federal interest, the Secretary may apply such funds, subject to the availability of appropriations, equal to the share of the cost of the non-Federal interest of carrying out other flood damage reduction and coastal navigation projects or studies.
(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; Pub. L. 115–270, title I, § 1136(a), Oct. 23, 2018, 132 Stat. 3783.)
heading: Editorial Notes
heading: References in Text
text: Section 701b–13 of this title, referred to in subsec. (a), was repealed by Pub. L. 113–121, title I, §1014(c)(3), June 10, 2014, 128 Stat. 1222.
heading: Amendments
text: 2018—Pub. L. 115–270 amended section generally. Prior to amendment, section related to credit in lieu of reimbursement.
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: Statutory Notes and Related Subsidiaries
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section 2201 of this title.
33 U.S.C. § 2226 (NAVIGATION AND NAVIGABLE WATERS)
§ 2226. Water resources projects on Federal land
(a) In general
Subject to subsection (b), the Secretary may carry out an authorized water resources development project on Federal land that is under the administrative jurisdiction of another Federal agency where the cost of the acquisition of such Federal land has been paid for by the non-Federal interest for the project.
(b) MOU required
The Secretary may carry out a project pursuant to subsection (a) only after the non-Federal interest has entered into a memorandum of understanding with the Federal agency that includes such terms and conditions as the Secretary determines to be necessary.
(c) Applicability
Nothing in this section alters any non-Federal cost-sharing requirements for the project.
(Pub. L. 113–121, title I, § 1025, June 10, 2014, 128 Stat. 1229.)
heading: Editorial Notes
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: Statutory Notes and Related Subsidiaries
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section 2201 of this title.
33 U.S.C. § 2227 (NAVIGATION AND NAVIGABLE WATERS)
§ 2227. Clarification of impacts to other Federal facilities
In any case where the modification or construction of a water resources development project carried out by the Secretary adversely impacts other Federal facilities, the Secretary may accept from other Federal agencies such funds as may be necessary to address the adverse impact, including by removing, relocating, or reconstructing those facilities.
(Pub. L. 113–121, title I, § 1026, June 10, 2014, 128 Stat. 1229.)
heading: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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. § 2238a (NAVIGATION AND NAVIGABLE WATERS)
§ 2238a. Estimate of harbor maintenance needs
For fiscal year 2014 and each fiscal year thereafter, the President’s budget request submitted pursuant to section 1105 of title 31, United States Code, shall include—
(1) an estimate of the nationwide average availability, expressed as a percentage, of the authorized depth and authorized width of all navigation channels authorized to be maintained using appropriations from the Harbor Maintenance Trust Fund that would result from harbor maintenance activities to be funded by the budget request; and
(2) an estimate of the average annual amount of appropriations from the Harbor Maintenance Trust Fund that would be required to increase that average availability to 95 percent over a 3-year period.
(Pub. L. 112–141, div. A, title I, § 1537, July 6, 2012, 126 Stat. 585.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Moving Ahead for Progress in the 21st Century Act, also known as the MAP–21, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
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: Editorial Notes
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, also known as the WIIN Act, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
heading: Statutory Notes and Related Subsidiaries
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. § 2253 (NAVIGATION AND NAVIGABLE WATERS)
§ 2253. Annual financial review
For any inland waterways project that the Secretary carries out that has an estimated total cost of $500,000,000 or more, the Secretary shall submit to the congressional committees referred to in subsection (a) 1 an annual financial plan for the project. The plan shall be based on detailed annual estimates of the cost to complete the remaining elements of the project and on reasonable assumptions, as determined by the Secretary, of any future increases of the cost to complete the project.
(Pub. L. 113–121, title II, § 2007(b), June 10, 2014, 128 Stat. 1268.)
heading: Editorial Notes
heading: References in Text
text: The congressional committees referred to in subsection (a), referred to in text, mean the congressional committees referred to in subsec. (a) of section 2007 of Pub. L. 113–121, which are the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
heading: Codification
text: Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
heading: Statutory Notes and Related Subsidiaries
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.