dreamproit/uscode huggingface dataset:
33 U.S.C. § 1302c (NAVIGATION AND NAVIGABLE WATERS)
§ 1302c. Small publicly owned treatment works efficiency grant program
(a) Establishment
Subject to the availability of appropriations, not later than 180 days after November 15, 2021, the Administrator shall establish an efficiency grant program (referred to in this section as the “efficiency grant program”) under which the Administrator shall award grants to eligible entities for the replacement or repair of equipment that improves water or energy efficiency of small publicly owned treatment works, as identified in an efficiency audit.
(b) Eligible entities
The Administrator may award a grant under the efficiency grant program to—
(1) an owner or operator of a small publicly owned treatment works that serves—
(A) a population of not more than 10,000 people; or
(B) a disadvantaged community; or
(2) a nonprofit organization that seeks to assist a small publicly owned treatment works described in paragraph (1) to carry out the activities described in subsection (a).
(c) Report
Not later than 2 years after the date on which the Administrator establishes the efficiency grant program, and every 2 years thereafter, the Administrator shall submit to Congress a report describing—
(1) each recipient of a grant under the efficiency grant program; and
(2) a summary of the activities carried out under the efficiency grant program.
(d) Use of funds
(1) Small systems
Of the amounts made available for grants under this section, to the extent that there are sufficient applications, not less than 15 percent shall be used for grants to publicly owned treatment works that serve fewer than 3,300 people.
(2) Limitation on use of funds
Of the amounts made available for grants under this section, not more than 2 percent may be used to pay the administrative costs of the Administrator.
(June 30, 1948, ch. 758, title II, § 225, as added Pub. L. 117–58, div. E, title II, § 50207, Nov. 15, 2021, 135 Stat. 1165.)
33 U.S.C. § 1387 (NAVIGATION AND NAVIGABLE WATERS)
§ 1387. Authorization of appropriations
There are authorized to be appropriated to carry out the purposes of this subchapter—
(1) $2,400,000,000 for fiscal year 2022;
(2) $2,750,000,000 for fiscal year 2023;
(3) $3,000,000,000 for fiscal year 2024; and
(4) $3,250,000,000 for each of fiscal years 2025 and 2026.
(June 30, 1948, ch. 758, title VI, § 607, as added Pub. L. 100–4, title II, § 212(a), Feb. 4, 1987, 101 Stat. 26; amended Pub. L. 117–58, div. E, title II, § 50210(b), Nov. 15, 2021, 135 Stat. 1169.)
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 117–58 amended section generally. Prior to amendment, section related to appropriations for fiscal years 1989 to 1994.
33 U.S.C. § 1389 (NAVIGATION AND NAVIGABLE WATERS)
§ 1389. Clean watersheds needs survey
(a) Requirement
Not later than 2 years after November 15, 2021, and not less frequently than once every 4 years thereafter, the Administrator shall—
(1) conduct and complete an assessment of capital improvement needs for all projects that are eligible under section 1383(c) of this title for assistance from State water pollution control revolving funds; and
(2) submit to Congress a report describing the results of the assessment completed under paragraph (1).
(b) Authorization of appropriations
There is authorized to be appropriated to carry out the initial needs survey under subsection (a) $5,000,000, to remain available until expended.
(June 30, 1948, ch. 758, title VI, § 609, as added Pub. L. 117–58, div. E, title II, § 50220, Nov. 15, 2021, 135 Stat. 1180.)
33 U.S.C. § 1479 (NAVIGATION AND NAVIGABLE WATERS)
§ 1479. Federal liability for unreasonable damages
(a) Payment of compensation
The United States shall be obliged to pay compensation to the extent of the damage caused by measures which exceed those reasonably necessary to achieve the end mentioned in section 1472 of this title.
(b) Jurisdiction
Actions against the United States seeking compensation for any excessive measures may be brought in the United States Court of Federal Claims, in any district court of the United States, and in those courts enumerated in section 460 of title 28. For purposes of this chapter, American Samoa shall be included within the judicial district of the District Court of the United States for the District of Hawaii, and the Trust Territory of the Pacific Islands shall be included within the judicial districts of both the District Court of the United States for the District of Hawaii and the District Court of Guam.
(c) Burden of proof
With respect to intervention for a substance identified pursuant to section 1473(a) of this title, the United States has the burden of establishing that, under the circumstances present at the time of the intervention, the substance could reasonably pose a grave and imminent danger analogous to that posed by a substance enumerated in the protocol.
(Pub. L. 93–248, § 10, Feb. 5, 1974, 88 Stat. 10; Pub. L. 95–302, § 1(4), June 26, 1978, 92 Stat. 345; Pub. L. 97–164, title I, § 161(6), Apr. 2, 1982, 96 Stat. 49; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)
heading: Editorial Notes
heading: Amendments
text: 1992—Subsec. (b). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.
1982—Subsec. (b). Pub. L. 97–164 substituted “Claims Court” for “Court of Claims”.
1978—Subsec. (c). Pub. L. 95–302 added subsec. (c).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1992 Amendment
text: Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
heading: Effective Date of 1982 Amendment
text: Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
heading: Effective Date of 1978 Amendment
text: For effective date of amendment by Pub. L. 95–302, see section 2 of Pub. L. 95–302, set out as a note under section 1487 of this title.
heading: Executive Documents
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. § 2261 (NAVIGATION AND NAVIGABLE WATERS)
§ 2261. Territories development study
The Secretary is hereby authorized and directed to make studies in cooperation with the Secretary of the Interior and the governments of the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands for the purposes of providing plans for the development, utilization, and conservation of water and related land resources of such jurisdiction, at a total cost of $2,000,000 for each of the five studies. Such studies shall include appropriate consideration of the needs for flood protection, wise use of flood plain lands, navigation facilities, hydroelectric power generation, regional water supply and waste water management facilities systems, general recreation facilities, enhancement and control of water quality, enhancement and conservation of fish and wildlife, and other measures for environmental enhancement, economic and human resources development. Such studies shall be compatible with comprehensive development plans formulated by local planning agencies and other interested Federal agencies. Any funds made available under this section for a study for any such jurisdiction which is not needed for such study shall be available to the Secretary to construct authorized water resources projects in such jurisdiction and to implement the findings of such study with appropriate cost sharing as provided in this Act.
(Pub. L. 99–662, title VII, § 702, Nov. 17, 1986, 100 Stat. 4156.)
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.
heading: Executive Documents
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. § 2282f (NAVIGATION AND NAVIGABLE WATERS)
§ 2282f. Review of resiliency assessments
(a) Resiliency assessment
(1) In general
Not later than 180 days after December 27, 2020, and in conjunction with the development of procedures under section 1962–4 of title 42, the Secretary is directed to review, and where appropriate, revise the existing planning guidance documents and regulations of the Corps of Engineers on the assessment of the effects of sea level rise or inland flooding on future water resources development projects to ensure that such guidance documents and regulations are based on the best available, peer-reviewed science and data on the current and future effects of sea level rise or inland flooding on relevant communities.
(2) Coordination
In carrying out this subsection, the Secretary shall—
(A) coordinate the review with the Engineer Research and Development Center, other Federal and State agencies, and other relevant entities; and
(B) to the maximum extent practicable and where appropriate, utilize data provided to the Secretary by such agencies.
(b) Assessment of benefits from addressing sea level rise and inland flooding resiliency in feasibility reports
(1) In general
Upon the request of a non-Federal interest, in carrying out a feasibility study for a project for flood risk mitigation, hurricane and storm damage risk reduction, or ecosystem restoration under section 2282 of this title, the Secretary shall consider whether the need for the project is predicated upon or exacerbated by conditions related to sea level rise or inland flooding.
(2) Addressing sea level rise and inland flooding resiliency benefits
To the maximum extent practicable, in carrying out a study pursuant to paragraph (1), the Secretary shall document the potential effects of sea level rise or inland flooding on the project, and the expected benefits of the project relating to sea level rise or inland flooding, during the 50-year period after the date of completion of the project.
(Pub. L. 116–260, div. AA, title I, § 113, Dec. 27, 2020, 134 Stat. 2626.)
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. § 2290 (NAVIGATION AND NAVIGABLE WATERS)
§ 2290. Flood control in Trust Territory of the Pacific Islands
The Secretary is authorized to use the authority contained in section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s), section 2 of the Flood Control Act of August 28, 1937 (33 U.S.C. 701g), section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r), section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577), section 3 of the Act entitled “An Act authorizing Federal participation in the cost of protecting the shores of publicly owned property”, approved August 13, 1946 (33 U.S.C. 426g), and section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i) in the Trust Territory of the Pacific Islands.
(Pub. L. 99–662, title IX, § 915(h), Nov. 17, 1986, 100 Stat. 4191.)
heading: Executive Documents
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. § 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 or tribal organization (as those terms are defined in section 5304 of title 25).
(b) Inflation adjustment
The Secretary shall adjust the dollar amount specified in subsection (a) on an annual basis for inflation.
(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; Pub. L. 115–270, title I, §§ 1155(a), 1156, Oct. 23, 2018, 132 Stat. 3793; Pub. L. 116–260, div. AA, title I, § 135, Dec. 27, 2020, 134 Stat. 2649.)
heading: Editorial Notes
heading: Amendments
text: 2020—Subsec. (b). Pub. L. 116–260 substituted “on an annual basis for inflation.” for “for inflation for the period beginning on November 17, 1986, and ending on October 23, 2018.”
2018—Subsec. (a)(2). Pub. L. 115–270, § 1155(a), substituted “or tribal organization (as those terms are defined in section 5304 of title 25).” for “(as defined in section 5130 of title 25).”
Subsec. (b). Pub. L. 115–270, § 1156, substituted “October 23, 2018” for “June 10, 2014”.
2016—Pub. L. 114–322, § 1119(1), inserted “and Indian tribes” after “Territories” in section catchline.
Subsec. (a). Pub. L. 114–322, § 1119(2), inserted dash after “projects” and par. (1) designation before “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: Executive Documents
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. § 2326g (NAVIGATION AND NAVIGABLE WATERS)
§ 2326g. Beneficial use of dredged material; dredged material management plans
(a) National policy on the beneficial use of dredged material
(1) In general
It is the policy of the United States for the Corps of Engineers to maximize the beneficial use, in an environmentally acceptable manner, of suitable dredged material obtained from the construction or operation and maintenance of water resources development projects.
(2) Placement of dredged materials
(A) In general
In evaluating the placement of dredged material obtained from the construction or operation and maintenance of water resources development projects, the Secretary shall consider—
(i) the suitability of the dredged material for a full range of beneficial uses; and
(ii) the economic and environmental benefits, efficiencies, and impacts (including the effects on living coral) of using the dredged material for beneficial uses, including, in the case of beneficial use activities that involve more than one water resources development project, the benefits, efficiencies, and impacts that result from the combined activities.
(B) Calculation of Federal standard
(i) Determination
The economic benefits and efficiencies from the beneficial use of dredged material considered by the Secretary under subparagraph (A) shall be included in any determination relating to the “Federal standard” by the Secretary under section 335.7 of title 33, Code of Federal Regulations, for the placement or disposal of such material.
(ii) Reports
The Secretary shall submit to Congress—
(I) a report detailing the method and all of the factors utilized by the Corps of Engineers to determine the Federal standard referred to in clause (i); and
(II) for each evaluation under subparagraph (A), a report displaying the calculations for economic and environmental benefits and efficiencies from the beneficial use of dredged material (including, where appropriate, the utilization of alternative dredging equipment and dredging disposal methods) considered by the Secretary under such subparagraph for the placement or disposal of such material.
(C) Omitted
(Pub. L. 116–260, div. AA, title I, § 125(a), Dec. 27, 2020, 134 Stat. 2636.)
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.
Section is comprised of section 125(a) of div. AA of Pub. L. 116–260. Par. (2)(C) of section 125(a) of div. AA of Pub. L. 116–260 amended section 2326 of this title.
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. § 3029 (NAVIGATION AND NAVIGABLE WATERS)
§ 3029. Temporary appointments
(a) Appointments by President
Temporary appointments in the grade of ensign, lieutenant junior grade, or lieutenant may be made by the President.
(b) Termination
A temporary appointment to a position under subsection (a) shall terminate upon approval of a permanent appointment for such position made by the President.
(c) Order of precedence
Appointees under subsection (a) shall take precedence in the grade to which appointed in accordance with the dates of their appointments as officers in such grade. The order of precedence of appointees who are appointed on the same date shall be determined by the Secretary.
(d) Any one grade
When determined by the Secretary to be in the best interest of the commissioned officer corps of the Administration, officers in any permanent grade may be temporarily promoted one grade by the President. Any such temporary promotion terminates upon the transfer of the officer to a new assignment.
(Pub. L. 107–372, title II, § 229, Dec. 19, 2002, 116 Stat. 3087; Pub. L. 112–166, § 2(gg)(3), Aug. 10, 2012, 126 Stat. 1290; Pub. L. 116–259, title III, § 304(a), Dec. 23, 2020, 134 Stat. 1172.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 853j–1 of this title prior to repeal by Pub. L. 107–372.
heading: Amendments
text: 2020—Pub. L. 116–259 substituted “Temporary appointments” for “Temporary appointments and promotions generally” in section catchline and amended text generally. Prior to amendment, text related to temporary appointments and promotions to certain grades.
2012—Pub. L. 112–166 struck out “alone” after “President” wherever appearing and, in subsec. (a), struck out “unless the Senate sooner gives its advice and consent to the appointment” before period at end of second sentence.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2012 Amendment
text: Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.
heading: Executive Documents
heading: Delegation of Functions
text: Functions of President under this section delegated to Secretary of Commerce by section 1(b)–(d) of Ex. Ord. No. 11023, May 28, 1962, 27 F.R. 5131, as amended, set out as a note under section 301 of Title 3, The President.
33 U.S.C. § 3078 (NAVIGATION AND NAVIGABLE WATERS)
§ 3078. Interest payment program
(a) Authority
The Secretary may pay the interest and any special allowances that accrue on one or more student loans of an eligible officer, in accordance with this section.
(b) Eligible officers
An officer is eligible for the benefit described in subsection (a) while the officer—
(1) is serving on active duty;
(2) has not completed more than three years of service on active duty;
(3) is the debtor on one or more unpaid loans described in subsection (c); and
(4) is not in default on any such loan.
(c) Student loans
The authority to make payments under subsection (a) may be exercised with respect to the following loans:
(1) A loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.).
(2) A loan made under part D of such title (20 U.S.C. 1087a et seq.).
(3) A loan made under part E of such title (20 U.S.C. 1087aa et seq.).
(d) Maximum benefit
Interest and any special allowance may be paid on behalf of an officer under this section for any of the 36 consecutive months during which the officer is eligible under subsection (b).
(e) Coordination with Secretary of Education
(1) In general
The Secretary shall consult with the Secretary of Education regarding the administration of this section.
(2) Reimbursement authorized
The Secretary is authorized to reimburse the Secretary of Education—
(A) for the funds necessary to pay interest and special allowances on student loans under this section (in accordance with sections 428(o), 455(l), and 464(j) of the Higher Education Act of 1965 (20 U.S.C. 1078(o), 1087e(l), and 1087dd(j)); 1 and
(B) for any reasonable administrative costs incurred by the Secretary of Education in coordinating the program under this section with the administration of the student loan programs under parts B, D, and E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.).
(f) Special allowance defined
In this section, the term ‘special allowance’ means a special allowance that is payable under section 438 of the Higher Education Act of 1965 (20 U.S.C. 1087–1).
(Pub. L. 107–372, title II, § 268, as added Pub. L. 116–259, title II, § 202(a), Dec. 23, 2020, 134 Stat. 1162.)
heading: Editorial Notes
heading: References in Text
text: The Higher Education Act of 1965, referred to in subsecs. (c) and (e)(2)(B), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219. Parts B, D, and E of title IV of the Act are classified generally to parts B (§ 1071 et seq.), D (§ 1087a et seq.), and E (§ 1087aa et seq.), respectively, of subchapter IV of chapter 28 of Title 20, Education. For complete classification of this Act to the Code, see section 1 of Pub. L. 89–329, set out as a Short Title note under section 1001 of Title 20 and Tables.
33 U.S.C. § 3079–1 (NAVIGATION AND NAVIGABLE WATERS)
§ 3079–1. Limitation on educational assistance
(a) In general
Each fiscal year, beginning with the fiscal year in which this Act is enacted, the Secretary of Commerce shall ensure that the total amount expended by the Secretary under section 3077 of this title (as added by section 201(a)), section 3078 of this title (as added by section 202(a)), and section 3079 of this title (as added by section 203(a)) does not exceed the amount by which—
(1) the total amount the Secretary would pay in that fiscal year to officer candidates under section 203(f)(1) of title 37 (as added by section 305(d)), if such section entitled officer candidates to pay at monthly rates equal to the basic pay of a commissioned officer in the pay grade O–1 with less than 2 years of service, exceeds
(2) the total amount the Secretary actually pays in that fiscal year to officer candidates under section 203(f)(1) of such title.
(b) Officer candidate defined
In this section, the term “officer candidate” has the meaning given the term in paragraph (4) of section 3002(b) of this title, as added by section 305(c).
(Pub. L. 116–259, title II, § 204, Dec. 23, 2020, 134 Stat. 1165.)
heading: Editorial Notes
heading: References in Text
text: The fiscal year in which this Act is enacted, referred to in subsec. (a), means the fiscal year in which Pub. L. 116–259, which added this section, was enacted. Pub. L. 116–259 was approved Dec. 23, 2020.
Sections 201(a), 202(a), 203(a), and 305 (c) and (d), referred to in text, mean those respective sections of Pub. L. 116–259.
heading: Codification
text: Section was enacted as part of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2020, and not as part of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 which comprises this chapter.