dreamproit/uscode huggingface dataset:
33 U.S.C. § 2349 (NAVIGATION AND NAVIGABLE WATERS)
§ 2349. Categorical exclusions in emergencies
For the repair, reconstruction, or rehabilitation of a water resources project that is in operation or under construction when damaged by an event or incident that results in a declaration by the President of a major disaster or emergency pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Secretary shall treat such repair, reconstruction, or rehabilitation activity as a class of action categorically excluded from the requirements relating to environmental assessments or environmental impact statements under section 1508.4 of title 40, Code of Federal Regulations (or successor regulations), if the repair or reconstruction activity is—
(1) in the same location with the same capacity, dimensions, and design as the original water resources project as before the declaration described in this section; 1 and
(2) commenced within a 2-year period beginning on the date of a declaration described in this section.
(Pub. L. 113–121, title I, § 1005(b), June 10, 2014, 128 Stat. 1212.)
heading: Editorial Notes
heading: References in Text
text: The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in text, is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 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 5121 of Title 42 and Tables.
This section, referred to in par. (1), means section 1005 of title I of Pub. L. 113–121, which amended this section and section 2348 of this title.
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. § 2350 (NAVIGATION AND NAVIGABLE WATERS)
§ 2350. Corrosion prevention
(a) In general
To the greatest extent practicable, the Secretary shall encourage and incorporate corrosion prevention activities at water resources development projects.
(b) Activities
In carrying out subsection (a), the Secretary, to the greatest extent practicable, shall ensure that contractors performing work for water resources development projects—
(1) use best practices to carry out corrosion prevention activities in the field;
(2) use industry-recognized standards and corrosion mitigation and prevention methods when—
(A) determining protective coatings;
(B) selecting materials; and
(C) determining methods of cathodic protection, design, and engineering for corrosion prevention;
(3) use certified coating application specialists and cathodic protection technicians and engineers;
(4) use best practices in environmental protection to prevent environmental degradation and to ensure careful handling of all hazardous materials;
(5) demonstrate a history of employing industry-certified inspectors to ensure adherence to best practices and standards; and
(6) demonstrate a history of compliance with applicable requirements of the Occupational Safety and Health Administration.
(c) Corrosion prevention activities defined
In this section, the term “corrosion prevention activities” means—
(1) the application and inspection of protective coatings for complex work involving steel and cementitious structures, including structures that will be exposed in immersion;
(2) the installation, testing, and inspection of cathodic protection systems; and
(3) any other activities related to corrosion prevention the Secretary determines appropriate.
(d) Report
In the first annual report submitted to Congress after December 16, 2016, in accordance with section 556 of this title, and section 2295(b) of this title, the Secretary shall report on the corrosion prevention activities encouraged under this section, including—
(1) a description of the actions the Secretary has taken to implement this section; and
(2) a description of the projects utilizing corrosion prevention activities, including which activities were undertaken.
(Pub. L. 113–121, title I, § 1033, June 10, 2014, 128 Stat. 1233; Pub. L. 114–322, title I, § 1142, Dec. 16, 2016, 130 Stat. 1658.)
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: Amendments
text: 2016—Subsec. (d). Pub. L. 114–322 added subsec. (d).
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. § 2351 (NAVIGATION AND NAVIGABLE WATERS)
§ 2351. Durability, sustainability, and resilience
In carrying out the activities of the Corps of Engineers, the Secretary, to the maximum extent practicable, shall encourage the use of durable and sustainable materials and resilient construction techniques that—
(1) allow a water resources infrastructure project—
(A) to resist hazards due to a major disaster; and
(B) to continue to serve the primary function of the water resources infrastructure project following a major disaster;
(2) reduce the magnitude or duration of a disruptive event to a water resources infrastructure project; and
(3) have the absorptive capacity, adaptive capacity, and recoverability to withstand a potentially disruptive event.
(Pub. L. 113–121, title III, § 3022, June 10, 2014, 128 Stat. 1301.)
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. § 2351a (NAVIGATION AND NAVIGABLE WATERS)
§ 2351a. Operation and maintenance of existing infrastructure
The Secretary shall improve the reliability, and operation and maintenance of, existing infrastructure of the Corps of Engineers, and, as necessary, improve its resilience to cyber-related threats.
(Pub. L. 115–270, title I, § 1113, Oct. 23, 2018, 132 Stat. 3775.)
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: 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. § 2353 (NAVIGATION AND NAVIGABLE WATERS)
§ 2353. Structural health monitoring
(a) In general
The Secretary shall design and develop a structural health monitoring program to assess and improve the condition of infrastructure constructed and maintained by the Corps of Engineers, including research, design, and development of systems and frameworks for—
(1) response to flood and earthquake events;
(2) predisaster mitigation measures;
(3) lengthening the useful life of the infrastructure; and
(4) identifying risks due to sea level rise.
(b) Consultation and considerations
In developing the program under subsection (a), the Secretary shall—
(1) consult with academic and other experts; and
(2) consider models for maintenance and repair information, the development of degradation models for real-time measurements and environmental inputs, and research on qualitative inspection data as surrogate sensors.
(Pub. L. 114–322, title I, § 1151, Dec. 16, 2016, 130 Stat. 1661.)
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. § 2354 (NAVIGATION AND NAVIGABLE WATERS)
§ 2354. Easements for electric, telephone, or broadband service facilities
(a) Definition of water resources development project
In this section, the term “water resources development project” means a project under the administrative jurisdiction of the Corps of Engineers that is subject to part 327 of title 36, Code of Federal Regulations (or successor regulations).
(b) No consideration for easements
The Secretary may not collect consideration for an easement across water resources development project land for the electric, telephone, or broadband service facilities of nonprofit organizations eligible for financing under the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.).
(c) Administrative expenses
Nothing in this section affects the authority of the Secretary under section 2695 of title 10 or under section 9701 of title 31 to collect funds to cover reasonable administrative expenses incurred by the Secretary.
(Pub. L. 114–322, title I, § 1172, Dec. 16, 2016, 130 Stat. 1671.)
heading: Editorial Notes
heading: References in Text
text: The Rural Electrification Act of 1936, referred to in subsec. (b), is act May 20, 1936, ch. 432, 49 Stat. 1363, which is classified generally to chapter 31 (§ 901 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see section 901 of Title 7 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, 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. § 2355 (NAVIGATION AND NAVIGABLE WATERS)
§ 2355. Prior project authorization
In any case in which a project under the jurisdiction of the Secretary is budgeted under a different business line than the business line under which the project was originally authorized, the Secretary shall ensure that the project is carried out in accordance with any requirements that apply to the business line under which the project was originally authorized.
(Pub. L. 115–270, title I, § 1127, Oct. 23, 2018, 132 Stat. 3780.)
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: 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. § 2401...2410 (NAVIGATION AND NAVIGABLE WATERS)
§§ 2401 to 2410. Repealed. Pub. L. 111–281, title X, § 1048, Oct. 15, 2010, 124 Stat. 3032
text: Section 2401, Pub. L. 100–333, § 2, June 16, 1988, 102 Stat. 605, provided findings and purposes for chapter.
text: Section 2402, Pub. L. 100–333, § 3, June 16, 1988, 102 Stat. 605, provided definitions for chapter.
text: Section 2403, Pub. L. 100–333, § 4, June 16, 1988, 102 Stat. 606, prohibited, with exceptions, application of antifouling paint containing organotin to any vessel less than 25 meters in length.
text: Section 2404, Pub. L. 100–333, § 5, June 16, 1988, 102 Stat. 606, prohibited certain organotin paints and additives.
text: Section 2405, Pub. L. 100–333, § 6, June 16, 1988, 102 Stat. 607, related to certification of antifouling paints containing organotin.
text: Section 2406, Pub. L. 100–333, § 7, June 16, 1988, 102 Stat. 607; Pub. L. 104–106, div. A, title X, § 1064(f), Feb. 10, 1996, 110 Stat. 445, related to monitoring and research of ecological effects.
text: Section 2407, Pub. L. 100–333, § 8, June 16, 1988, 102 Stat. 608, provided for alternative antifouling research.
text: Section 2408, Pub. L. 100–333, § 9, June 16, 1988, 102 Stat. 608, related to issuance of a final water quality criteria document.
text: Section 2409, Pub. L. 100–333, § 10, June 16, 1988, 102 Stat. 608, provided for civil and criminal penalties for violations of certain sections of chapter.
text: Section 2410, Pub. L. 100–333, § 11, June 16, 1988, 102 Stat. 608, related to other authorities and State laws.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date; Use of Existing Stocks
text: Pub. L. 100–333, § 12, June 16, 1988, 102 Stat. 609, which provided that this chapter would take effect on June 16, 1988, and provided for a limited amount of time after that date to sell and use existing stocks of organotin paints and additives, was repealed by Pub. L. 111–281, title X, § 1048, Oct. 15, 2010, 124 Stat. 3032.
heading: Short Title
text: Pub. L. 100–333, § 1, June 16, 1988, 102 Stat. 605, which provided that this chapter could be cited as the “Organotin Antifouling Paint Control Act of 1988”, was repealed by Pub. L. 111–281, title X, § 1048, Oct. 15, 2010, 124 Stat. 3032.
33 U.S.C. § 2501 (NAVIGATION AND NAVIGABLE WATERS)
§ 2501. Findings
The Congress finds the following:
(1) The washing ashore of potentially infectious medical wastes from public vessels of the United States may pose serious and widespread risks to public health and to the welfare of coastal communities.
(2) Current Federal law provides inadequate protections against the disposal of such wastes from such vessels into ocean waters.
(3) Operators of such vessels must take immediate action to stop disposing of such wastes into ocean waters.
(Pub. L. 100–688, title III, § 3102, Nov. 18, 1988, 102 Stat. 4152.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 100–688, title III, § 3101, Nov. 18, 1988, 102 Stat. 4152, provided that: “This subtitle [subtitle A (§§ 3101–3105) of title III of Pub. L. 100–688, enacting this chapter] may be cited as the ‘United States Public Vessel Medical Waste Anti-Dumping Act of 1988’.”
33 U.S.C. § 2603 (NAVIGATION AND NAVIGABLE WATERS)
§ 2603. Waste handling practices
(a) In general
(1) Loading
The owner or operator of the waste source shall take all reasonable steps to assure that all municipal or commercial waste is loaded onto a vessel in a manner that assures that waste deposited in coastal waters is minimized.
(2) Securing
The owner or operator of a vessel shall assure that all municipal or commercial waste loaded onto the vessel is secured by netting or other means to assure that waste will not be deposited into coastal waters during transport.
(3) Offloading
The owner or operator of the receiving facility shall take all reasonable steps to assure that any municipal or commercial waste is offloaded from a vessel in a manner that assures that waste deposited into coastal waters is minimized.
(4) Cleaning up
The owner or operator of any waste source or receiving facility shall provide adequate control measures to clean up any municipal or commercial waste which is deposited into coastal waters.
(b) Regulations
The Administrator, in consultation with the Secretary of Transportation, shall prescribe regulations—
(1) requiring that waste sources, receiving facilities, and vessels provide the means and facilities to assure that the waste will not be deposited into coastal waters during loading, offloading, and transport;
(2) requiring, as appropriate, the submission and adoption by each responsible party of an operation and maintenance manual identifying procedures to be used to prevent, report, and clean up any deposit of municipal or commercial waste into coastal waters, including record keeping requirements; and
(3) if the Administrator determines that tracking systems are required to assure adequate enforcement of laws preventing the deposit of municipal or commercial waste into coastal waters, requiring installation of the appropriate systems within 18 months after the Administrator makes that determination.
(Pub. L. 100–688, title IV, § 4103, Nov. 18, 1988, 102 Stat. 4156.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 100–688, title IV, § 4204(c), Nov. 18, 1988, 102 Stat. 4160, provided that: “Section 4103 of this Act [33 U.S.C. 2603] takes effect 60 days after the date of enactment of this Act [Nov. 18, 1988].”
33 U.S.C. § 2605 (NAVIGATION AND NAVIGABLE WATERS)
§ 2605. Enforcement
(a) General authority
The Secretary of Transportation shall enforce this chapter under section 89 1 of title 14. The Secretary may authorize other officers or employees of the United States Government to enforce this chapter under that section.
(b) Periodic examinations
The Secretary shall conduct periodic examinations of vessels operating under this chapter transporting municipal or commercial waste to determine that each of these vessels has a permit issued under section 2602 of this title.
(c) Refusal of clearance
The Secretary of the Treasury may refuse the clearance required by section 60105 of title 46, to any vessel subject to this chapter which does not have a permit required under section 2602 of this title.
(d) Denial of entry and detention
If a vessel does not comply with this chapter, the Secretary of Transportation may—
(1) deny entry to any place in the United States; and
(2) detain at the place in the United States from which it is about to depart.
(e) Persistent violators
The Administrator shall conduct an investigation of the owner or operator of a vessel or facility if the owner has 5 or more separate violations during a 6-month period.
(Pub. L. 100–688, title IV, § 4105, Nov. 18, 1988, 102 Stat. 4157.)
heading: Editorial Notes
heading: References in Text
text: Section 89 of title 14, referred to in subsec. (a), was redesignated section 522 of title 14 by Pub. L. 115–282, title I, § 105(b), Dec. 4, 2018, 132 Stat. 4200, and reference to section 89 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard.
heading: Codification
text: In subsec. (c), “section 60105 of title 46” substituted for “section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91)” on authority of Pub. L. 109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted section 60105 of Title 46, Shipping.
33 U.S.C. § 2606 (NAVIGATION AND NAVIGABLE WATERS)
§ 2606. Subpena authority
(a) General authority
In an investigation under this chapter, the attendance and testimony of witnesses, including parties in interest, and the production of any evidence may be compelled by subpena. The subpena authority granted by this section is coextensive with that of a district court of the United States, in civil matters, for the district in which the investigation is conducted.
(b) Subpena authority
An official designated by the Secretary of Transportation or Administrator to conduct an investigation under this chapter may issue subpenas as provided in this section and administer oaths to witnesses.
(c) Failure to comply
When a person fails to obey a subpena issued under this section, the district court of the United States for the district in which the investigation is conducted or in which the person failing to obey is found, shall on proper application issue an order directing that person to comply with the subpena. The court may punish as contempt any disobedience of its order.
(d) Witness fees
A witness complying with a subpena issued under this section may be paid for actual travel and attendance at the rate provided for witnesses in the district courts of the United States.
(Pub. L. 100–688, title IV, § 4106, Nov. 18, 1988, 102 Stat. 4157.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsec. (b), was in the original “this part” and was translated as reading “this title” to reflect the probable intent of Congress.
33 U.S.C. § 2622 (NAVIGATION AND NAVIGABLE WATERS)
§ 2622. Relation to other laws
(a) Effect on Federal and State laws
This chapter does not affect the application of any other Federal or State law, statutory or common, including the Marine Protection, Research, and Sanctuaries Act of 1972 [16 U.S.C. 1431 et seq., 1447 et seq.; 33 U.S.C. 1401 et seq., 2801 et seq.] and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(b) Effect on foreign vessels
This chapter shall be carried out with respect to foreign vessels consistent with the obligations of the United States under international law.
(Pub. L. 100–688, title IV, § 4202, Nov. 18, 1988, 102 Stat. 4159.)
heading: Editorial Notes
heading: References in Text
text: The Marine Protection, Research, and Sanctuaries Act of 1972, referred to in subsec. (a), is Pub. L. 92–532, Oct. 23, 1972, 86 Stat. 1052, as amended, which is classified generally to chapters 27 (§ 1401 et seq.) and 41 (§ 2801 et seq.) of this title and chapters 32 (§ 1431 et seq.) and 32A (§ 1447 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1401 of this title and Tables.
The Solid Waste Disposal Act, referred to in subsec. (a), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§ 6901 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 6901 of Title 42 and Tables.