dreamproit/uscode huggingface dataset:
33 U.S.C. § 426e–3 (NAVIGATION AND NAVIGABLE WATERS)
§ 426e–3. Coastal storm damage reduction contracts
For any project for coastal storm damage reduction, the Secretary may seek input from a non-Federal interest for a project that may be affected by the timing of the coastal storm damage reduction activities under the project, in order to minimize, to the maximum extent practicable, any negative effects resulting from the timing of those activities.
(Pub. L. 116–260, div. AA, title I, § 140, Dec. 27, 2020, 134 Stat. 2652.)
heading: Statutory Notes and Related Subsidiaries
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title.
33 U.S.C. § 579c (NAVIGATION AND NAVIGABLE WATERS)
§ 579c. Repealed. Pub. L. 116–260, div. AA, title III, § 360(d), Dec. 27, 2020, 134 Stat. 2733
text: Section, Pub. L. 113–121, title VI, § 6003, June 10, 2014, 128 Stat. 1349; Pub. L. 115–270, title I, § 1330(a), Oct. 23, 2018, 132 Stat. 3827, related to backlog prevention: projects from Public Law 113–121.
33 U.S.C. § 579c–1 (NAVIGATION AND NAVIGABLE WATERS)
§ 579c–1. Repealed. Pub. L. 116–260, div. AA, title III, § 360(f), Dec. 27, 2020, 134 Stat. 2733
text: Section, Pub. L. 114–322, title I, § 1302, Dec. 16, 2016, 130 Stat. 1690, related to backlog prevention: projects from Public Law 114–322.
33 U.S.C. § 579c–2 (NAVIGATION AND NAVIGABLE WATERS)
§ 579c–2. Repealed. Pub. L. 116–260, div. AA, title III, § 360(h), Dec. 27, 2020, 134 Stat. 2733
text: Section, Pub. L. 115–270, title I, § 1302, Oct. 23, 2018, 132 Stat. 3817, related to backlog prevention: projects from Public Law 115–270.
33 U.S.C. § 579d (NAVIGATION AND NAVIGABLE WATERS)
§ 579d. Repealed. Pub. L. 116–260, div. AA, title III, § 360(e), Dec. 27, 2020, 134 Stat. 2733
text: Section, Pub. L. 114–322, title I, § 1301, Dec. 16, 2016, 130 Stat. 1686, related to deauthorization of inactive projects as of Public Law 114–322.
33 U.S.C. § 579d–1 (NAVIGATION AND NAVIGABLE WATERS)
§ 579d–1. Repealed. Pub. L. 116–260, div. AA, title III, § 360(g), Dec. 27, 2020, 134 Stat. 2733
text: Section, Pub. L. 115–270, title I, § 1301, Oct. 23, 2018, 132 Stat. 3814, related to deauthorization of inactive projects as of Public Law 115–270.
33 U.S.C. § 635 (NAVIGATION AND NAVIGABLE WATERS)
§ 635. Coast Guard anchorages.
The Secretary may perform dredging at Federal expense within and adjacent to anchorages established by the Coast Guard pursuant to existing authorities.
(Pub. L. 116–260, div. AA, title I, § 106, Dec. 27, 2020, 134 Stat. 2623.)
heading: Statutory Notes and Related Subsidiaries
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title.
33 U.S.C. § 701b–11 (NAVIGATION AND NAVIGABLE WATERS)
§ 701b–11. Flood protection projects
(a) General considerations; nonstructural alternatives
In the survey, planning, or design by any Federal agency of any project involving flood protection, consideration shall be given to nonstructural alternatives to prevent or reduce flood damages, with a view toward formulating the most economically, socially, and environmentally acceptable means of reducing or preventing flood damage, including—
(1) floodproofing of structures, including through elevation;
(2) floodplain regulation;
(3) acquisition of floodplain land for recreational, fish and wildlife, and other public purposes;
(4) relocation; and
(5) the use of a feature described in section 2289a(a) of this title.
(b) Non-Federal participation through nonstructural alternatives; limitation
Where a nonstructural alternative is recommended, non-Federal participation shall be comparable to the value of lands, easements, and rights-of-way which would have been required of non-Federal interests under section 701c of this title, for structural protection measures, but in no event shall exceed 20 per centum of the project costs.
(Pub. L. 93–251, title I, § 73, Mar. 7, 1974, 88 Stat. 32; Pub. L. 116–260, div. AA, title I, § 115(a), Dec. 27, 2020, 134 Stat. 2627.)
heading: Editorial Notes
heading: Amendments
text: 2020—Subsec. (a). Pub. L. 116–260 substituted “, with a view toward formulating the most economically, socially, and environmentally acceptable means of reducing or preventing flood damage, including—” and pars. (1) to (5) for “including, but not limited to, floodproofing of structures; flood plain regulation; acquisition of flood plain lands for recreational, fish and wildlife, and other public purposes; and relocation with a view toward formulating the most economically, socially, and environmentally acceptable means of reducing or preventing flood damages.”
heading: Statutory Notes and Related Subsidiaries
heading: Nonstructural Flood Control Policy
text: Pub. L. 104–303, title II, § 202(d), Oct. 12, 1996, 110 Stat. 3675, provided that:
“(1) Review.—
The Secretary shall conduct a review of policies, procedures, and techniques relating to the evaluation and development of flood control measures with a view toward identifying impediments that may exist to justifying nonstructural flood control measures as alternatives to structural measures.
“(2) Report.—
Not later than 1 year after the date of the enactment of this Act [Oct. 12, 1996], the Secretary shall transmit to Congress a report on the findings of the review conducted under this subsection, together with any recommendations for modifying existing law to remove any impediments identified under such review.”
33 U.S.C. § 701h–3 (NAVIGATION AND NAVIGABLE WATERS)
§ 701h–3. State Contribution of Funds for Certain Operation and Maintenance Costs
In carrying out eligible operations and maintenance activities within the Great Lakes Navigation System pursuant to section 2238 of this title in a State that has implemented any additional State limitation on the disposal of dredged material in the open waters of such State, the Secretary may, pursuant to section 701h of this title, receive from such State, and expend, such funds as may be contributed by the State to cover the additional costs for operations and maintenance activities for a harbor or inland harbor within such State that result from such limitation.
(Pub. L. 116–260, div. AA, title I, § 107, Dec. 27, 2020, 134 Stat. 2623.)
heading: Statutory Notes and Related Subsidiaries
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title.
33 U.S.C. § 701h–4 (NAVIGATION AND NAVIGABLE WATERS)
§ 701h–4. Acceptance of funds for harbor dredging
The Secretary is authorized, in accordance with section 701h of this title, to accept and expend funds contributed by a State or other non-Federal interest—
(1) to dredge a non-Federal harbor or channel, or a marina or berthing area located adjacent to, or accessible by, such harbor or channel; or
(2) to provide technical assistance related to the planning and design of dredging activities described in paragraph (1).
(Pub. L. 116–260, div. AA, title I, § 144, Dec. 27, 2020, 134 Stat. 2653.)
heading: Statutory Notes and Related Subsidiaries
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title.
33 U.S.C. § 701q–1 (NAVIGATION AND NAVIGABLE WATERS)
§ 701q–1. Repair and restoration of embankments
(a) In general
At the request of a non-Federal interest, the Secretary shall assess the cause of damage to, or the failure of, an embankment that is adjacent to the shoreline of a reservoir project owned and operated by the Secretary for which such damage or failure to the embankment has adversely affected a roadway that the Secretary has relocated for construction of the reservoir.
(b) Repair and restoration activities
If, based on the assessment carried out under subsection (a), the Secretary determines that the cause of the damage to, or the failure of, the embankment is the direct result of the design or operation of the reservoir by the Secretary, the Secretary is authorized to participate in the repair or restoration of such embankment.
(c) Authorization of appropriations
There is authorized to be appropriated to the Secretary $10,000,000 to carry out this section.
(Pub. L. 116–260, div. AA, title I, § 147(2), Dec. 27, 2020, 134 Stat. 2656.)
heading: Statutory Notes and Related Subsidiaries
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title.
33 U.S.C. § 878b (NAVIGATION AND NAVIGABLE WATERS)
§ 878b. Safety and health regulations for scientific and occupational diving
On and after March 11, 2009, the Secretary of Commerce is permitted to prescribe and enforce standards or regulations affecting safety and health in the context of scientific and occupational diving within the National Oceanic and Atmospheric Administration.
(Pub. L. 111–8, div. B, title I, § 106, Mar. 11, 2009, 123 Stat. 568.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Department of Commerce Appropriations Act, 2009, which is title I of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2009, which is div. B of the Omnibus Appropriations Act, 2009.
heading: Similar Provisions
text: Provisions similar to those in this section were contained in the following prior appropriation act:
Pub. L. 110–161, div. B, title I, § 110, Dec. 26, 2007, 121 Stat. 1893.
33 U.S.C. § 981 (NAVIGATION AND NAVIGABLE WATERS)
§ 981. Creation of Corporation
There is hereby created, subject to the direction and supervision of the Secretary of Transportation, a body corporate to be known as the Great Lakes St. Lawrence Seaway Development Corporation (hereinafter referred to as the “Corporation”).
(May 13, 1954, ch. 201, § 1, 68 Stat. 93; Pub. L. 89–670, § 8(g)(1), Oct. 15, 1966, 80 Stat. 943; Pub. L. 116–260, div. AA, title V, § 512(a)(1), Dec. 27, 2020, 134 Stat. 2756.)
heading: Editorial Notes
heading: Amendments
text: 2020—Pub. L. 116–260 substituted “Great Lakes St. Lawrence Seaway Development Corporation” for “Saint Lawrence Seaway Development Corporation”.
1966—Pub. L. 89–670 substituted “Secretary of Transportation” for “President, or the head of such agency as he may designate”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1966 Amendment
text: Amendment by Pub. L. 89–670 effective Apr. 1, 1967, as prescribed by the President and published in the Federal Register, see section 16(a), formerly § 15(a), of Pub. L. 89–670 and Ex. Ord. No. 11340, Mar. 30, 1967, 32 F.R. 5453.
heading: Separability
text: Section 11 of act May 13, 1954, provided: “If any provision of this Act [enacting this chapter and amending section 846 of Title 31, Money and Finance] or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act and the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby.”
heading: References to Saint Lawrence Seaway Development Corporation
text: Pub. L. 116–260, div. AA, title V, § 512(b), Dec. 27, 2020, 134 Stat. 2756, provided that: “Any reference to the Saint Lawrence Seaway Development Corporation in any law, regulation, document, record, Executive order, or other paper of the United States shall be deemed to be a reference to the Great Lakes St. Lawrence Seaway Development Corporation.”
heading: Administrator To Report Directly to Secretary of Transportation
text: Pub. L. 89–670, § 8(g)(2), which provided that the Administrator of the St. Lawrence Seaway Development Corporation report directly to the Secretary notwithstanding any other provision of the Department of Transportation Act (Pub. L. 89–670), was repealed by Pub. L. 97–449, § 7(b), Jan. 12, 1983, 96 Stat. 2444, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Jan. 12, 1983.
heading: Executive Documents
heading: Executive Order No. 10534
text: Ex. Ord. No. 10534, June 9, 1954, 19 F.R. 3413, as amended by Ex. Ord. No. 10771, June 23, 1958, 23 F.R. 4525, which related to the direction and supervision of the St. Lawrence Seaway Development Corporation, was revoked by section 16 of Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247.
33 U.S.C. § 2203 (NAVIGATION AND NAVIGABLE WATERS)
§ 2203. Review of contracting policies
(a) Review of contractual agreements
(1) In general
Not later than 180 days after December 27, 2020, the Secretary shall complete a review of the policies, guidelines, and regulations of the Corps of Engineers for the development of contractual agreements between the Secretary and non-Federal interests and utilities associated with the construction of water resources development projects.
(2) Report
Not later than 90 days after completing the review under subsection (a)(1), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, and make publicly available, a report that includes—
(A) a summary of the results of the review; and
(B) public guidance on best practices for a non-Federal interest to use when writing or developing contractual agreements with the Secretary and utilities.
(3) Provision of guidance
The Secretary shall provide the best practices guidance included under paragraph (2)(A) to non-Federal interests prior to the development of contractual agreements with such non-Federal interests.
(b) Sense of Congress
It is the sense of Congress that the Secretary should maximize use of nonprice tradeoff procedures in competitive acquisitions for carrying out emergency work in an area with respect to which the President has declared a major disaster under section 5170 of title 42.
(Pub. L. 116–260, div. AA, title I, § 136, Dec. 27, 2020, 134 Stat. 2649.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Water Resources Development Act of 2020, 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 div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title.
33 U.S.C. § 2213a (NAVIGATION AND NAVIGABLE WATERS)
§ 2213a. Treatment of certain benefits and costs
(a) In general
In the case of a flood risk management project that incidentally generates seismic safety benefits in regions of moderate or high seismic hazard, for the purpose of a benefit-cost analysis for the project, the Secretary shall not include in that analysis any additional design and construction costs resulting from addressing seismic concerns.
(b) Savings provision
Except with respect to the benefit-cost analysis, the additional costs referred to in subsection (a) shall be—
(1) included in the total project cost; and
(2) subject to cost-share requirements otherwise applicable to the project.
(Pub. L. 116–260, div. AA, title I, § 152, Dec. 27, 2020, 134 Stat. 2658.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Water Resources Development Act of 2020, 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 div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title.
33 U.S.C. § 2234 (NAVIGATION AND NAVIGABLE WATERS)
§ 2234. Nonapplicability to Saint Lawrence Seaway
Sections 2231, 2232, and 2233 of this title do not apply to any harbor or inland harbor project for that portion of the Saint Lawrence Seaway administered by the Great Lakes St. Lawrence Seaway Development Corporation.
(Pub. L. 99–662, title II, § 206, Nov. 17, 1986, 100 Stat. 4102; Pub. L. 116–260, div. AA, title V, § 512(c)(5)(A), Dec. 27, 2020, 134 Stat. 2756.)
heading: Editorial Notes
heading: Amendments
text: 2020—Pub. L. 116–260 substituted “Great Lakes St. Lawrence Seaway Development Corporation” for “Saint Lawrence Seaway Development Corporation”.
33 U.S.C. § 2255a (NAVIGATION AND NAVIGABLE WATERS)
§ 2255a. High water-low water preparedness
(a) Definitions
In this section:
(1) Bypass
The term “bypass” means an alternate water route adjacent to a lock and dam on a Federal inland waterway system that can be used for commercial navigation during high water conditions.
(2) Emergency condition
The term “emergency condition” means—
(A) unsafe conditions on a Federal inland waterway system that prevent the operation of commercial vessels, resulting from a major change in water level or flows;
(B) an obstruction in a Federal inland waterway system, including silt, sediment, rock formation, or a shallow channel;
(C) an impaired or inoperable Federal lock and dam; or
(D) any other condition determined appropriate by the Secretary.
(b) Emergency determination
The Secretary, in consultation with the District Commanders responsible for maintaining any Federal inland waterway system, the users of the waterway system, and the Coast Guard, may make a determination that an emergency condition exists on the waterway system.
(c) Emergency mitigation project
(1) In general
Subject to paragraph (2) and the availability of appropriations, and in accordance with all applicable Federal requirements, the Secretary may carry out an emergency mitigation project on a Federal inland waterway system with respect to which the Secretary has determined that an emergency condition exists under subsection (b), or on a bypass of such system, to remedy that emergency condition.
(2) Deadline
An emergency mitigation project under paragraph (1) shall—
(A) be initiated by not later than 60 days after the date on which the Secretary makes the applicable determination under subsection (b); and
(B) to the maximum extent practicable, be completed by not later than 1 year after the date on which the Secretary makes such determination.
(d) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this section $25,000,000 for each of fiscal years 2022 through 2024, to remain available until expended.
(Pub. L. 116–260, div. AA, title I, § 151, Dec. 27, 2020, 134 Stat. 2657.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Water Resources Development Act of 2020, 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 div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title.
33 U.S.C. § 2263a (NAVIGATION AND NAVIGABLE WATERS)
§ 2263a. Aquatic invasive species research
(a) In general
As part of the ongoing activities of the Engineer Research and Development Center to address the spread and impacts of aquatic invasive species, the Secretary shall undertake research on the prevention, management, and eradication of aquatic invasive species, including Asian carp, elodea, quagga mussels, and zebra mussels.
(b) Locations
In carrying out subsection (a), the Secretary shall work with Corps of Engineers district offices representing diverse geographical regions of the continental United States that are impacted or could be impacted in the future by aquatic invasive species, such as the Atlantic, Pacific, Arctic, and Gulf Coasts, the Great Lakes, and reservoirs operated and maintained by the Secretary.
(c) Report
Not later than 180 days after October 23, 2018, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report recommending a plan to address the spread and impacts of aquatic invasive species.
(Pub. L. 115–270, title I, § 1108, Oct. 23, 2018, 132 Stat. 3774; Pub. L. 116–260, div. AA, title V, § 502, Dec. 27, 2020, 134 Stat. 2744.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Water Resources Development Act of 2018, and also as part of the America’s Water Infrastructure Act of 2018, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
heading: Amendments
text: 2020—Subsec. (a). Pub. L. 116–260, § 502(1), substituted “prevention, management,” for “management” and inserted “, elodea, quagga mussels,” after “Asian carp”.
Subsec. (b). Pub. L. 116–260, § 502(2), inserted “or could be impacted in the future” after “that are impacted” and substituted “Pacific, Arctic, and Gulf Coasts, the Great Lakes, and reservoirs operated and maintained by the Secretary.” for “Pacific, and Gulf coasts and the Great Lakes.”
heading: Statutory Notes and Related Subsidiaries
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 102 of Pub. L. 115–270, set out as a note under section 2201 of this title.
33 U.S.C. § 2264 (NAVIGATION AND NAVIGABLE WATERS)
§ 2264. Repealed. Pub. L. 116–260, div. AA, title III, § 360(a), Dec. 27, 2020, 134 Stat. 2732
text: Section, Pub. L. 99–662, title VII, § 710, Nov. 17, 1986, 100 Stat. 4160; Pub. L. 106–109, § 8(b), Nov. 24, 1999, 113 Stat. 1495, related to deauthorization of studies.
33 U.S.C. § 2270 (NAVIGATION AND NAVIGABLE WATERS)
§ 2270. Subsurface drain systems research and development
Subject to the availability of appropriations, the Secretary, acting through the Director of the Engineer Research and Development Center and, where appropriate, in consultation with other Federal agencies, shall carry out research and development activities relating to the use of subsurface drain systems as—
(1) a flood risk-reduction measure; or
(2) a coastal storm risk-reduction measure.
(Pub. L. 116–260, div. AA, title II, § 227, Dec. 27, 2020, 134 Stat. 2698.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Water Resources Development Act of 2020, 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 div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title.