dreamproit/uscode huggingface dataset:
33 U.S.C. § 2326f (NAVIGATION AND NAVIGABLE WATERS)
§ 2326f. Maintenance dredging data
(a) In general
The Secretary shall establish, maintain, and make publicly available a database on maintenance dredging carried out by the Secretary, which shall include information on maintenance dredging carried out by Federal and non-Federal vessels.
(b) Scope
The Secretary shall include in the database maintained under subsection (a), for each maintenance dredging project and contract, estimated and actual data on—
(1) the volume of dredged material removed;
(2) the initial cost estimate of the Corps of Engineers;
(3) the total cost, including a separate line item for all Federal costs associated with the disposal of dredged material;
(4) the party and vessel carrying out the work; and
(5) the number of private contractor bids received and the bid amounts, including bids that did not win the final contract award.
(Pub. L. 114–322, title I, § 1133, Dec. 16, 2016, 130 Stat. 1654; Pub. L. 117–263, div. H, title LXXXI, § 8207, Dec. 23, 2022, 136 Stat. 3756.)
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: Amendments
text: 2022—Subsec. (b)(3). Pub. L. 117–263 inserted “, including a separate line item for all Federal costs associated with the disposal of dredged material” before semicolon at end.
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. § 2330d (NAVIGATION AND NAVIGABLE WATERS)
§ 2330d. Public recreational amenities in ecosystem restoration projects
At the request of a non-Federal interest, the Secretary is authorized to study the incorporation of public recreational amenities, including facilities for hiking, biking, walking, and waterborne recreation, into a project for ecosystem restoration, including a project carried out under section 2330 of this title, if the incorporation of such amenities would be consistent with the ecosystem restoration purposes of the project.
(Pub. L. 117–263, div. H, title LXXXI, § 8105, Dec. 23, 2022, 136 Stat. 3699.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Water Resources Development Act of 2022, and also as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, 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 8002 of Pub. L. 117–263, set out as a note under section 2201 of this title.
33 U.S.C. § 2351b (NAVIGATION AND NAVIGABLE WATERS)
§ 2351b. Federal breakwaters and jetties
(a) In general
In carrying out repair or maintenance activity of a Federal jetty or breakwater associated with an authorized navigation project, the Secretary shall, notwithstanding the authorized dimensions of the jetty or breakwater, ensure that such repair or maintenance activity is sufficient to meet the authorized purpose of such project, including ensuring that any harbor or inland harbor associated with the project is protected from projected changes in wave action or height (including changes that result from relative sea level change over the useful life of the project).
(b) Classification of activity
The Secretary may not classify any repair or maintenance activity of a Federal jetty or breakwater carried out under subsection (a) as major rehabilitation of such jetty or breakwater—
(1) if the Secretary determines that—
(A) projected changes in wave action or height, including changes that result from relative sea level change, will diminish the functionality of the jetty or breakwater to meet the authorized purpose of the project; and
(B) such repair or maintenance activity is necessary to restore such functionality; or
(2) if—
(A) the Secretary has not carried out regular and routine Federal maintenance activity at the jetty or breakwater; and
(B) the structural integrity of the jetty or breakwater is degraded as a result of a lack of such regular and routine Federal maintenance activity.
(Pub. L. 117–263, div. H, title LXXXI, § 8101, Dec. 23, 2022, 136 Stat. 3695.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Water Resources Development Act of 2022, and also as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, 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 8002 of Pub. L. 117–263, set out as a note under section 2201 of this title.
33 U.S.C. § 3002 (NAVIGATION AND NAVIGABLE WATERS)
§ 3002. Definitions
(a) Applicability of definitions in title 10
Except as provided in subsection (b), the definitions provided in section 101 of title 10 apply to the provisions of this chapter.
(b) Additional definitions
In this chapter:
(1) Active duty
The term “active duty” means full-time duty in the active service of a uniformed service.
(2) Grade
The term “grade” means a step or degree, in a graduated scale of office or rank, that is established and designated as a grade by law or regulation.
(3) Officer
The term “officer” means an officer of the commissioned corps.
(4) Officer candidate
The term “officer candidate” means an individual who is enrolled in the basic officer training program of the Administration and is under consideration for appointment as an officer under section 3021(a)(2)(A) of this title.
(5) Flag officer
The term “flag officer” means an officer serving in, or having the grade of, vice admiral, rear admiral, or rear admiral (lower half).
(6) Secretary
The term “Secretary” means the Secretary of Commerce.
(7) Administration
The term “Administration” means the National Oceanic and Atmospheric Administration.
(8) Under Secretary
The term “Under Secretary” means the Under Secretary of Commerce for Oceans and Atmosphere.
(Pub. L. 107–372, title II, § 212, Dec. 19, 2002, 116 Stat. 3082; Pub. L. 116–259, title III, § 305(c), Dec. 23, 2020, 134 Stat. 1173; Pub. L. 117–263, div. K, title CXVII, § 11701, Dec. 23, 2022, 136 Stat. 4156.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title II of Pub. L. 107–372, Dec. 19, 2002, 116 Stat. 3082, which is classified principally to this chapter. For complete classification of this title to the Code, see Short Title note set out under section 3001 of this title and Tables.
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 857–1 of this title prior to repeal by Pub. L. 107–372.
heading: Amendments
text: 2022—Subsec. (b)(8). Pub. L. 117–263 added par. (8).
2020—Subsec. (b)(4) to (7). Pub. L. 116–259 added par. (4) and redesignated former pars. (4) to (6) as (5) to (7), respectively.
33 U.S.C. § 3010 (NAVIGATION AND NAVIGABLE WATERS)
§ 3010. Awards and decorations
The Under Secretary may provide ribbons, medals, badges, trophies, and similar devices to members of the commissioned officer corps of the Administration and to members of other uniformed services for service and achievement in support of the missions of the Administration.
(Pub. L. 107–372, title II, § 220, as added Pub. L. 117–263, div. K, title CXVII, § 11704(a), Dec. 23, 2022, 136 Stat. 4156.)
33 U.S.C. § 3023 (NAVIGATION AND NAVIGABLE WATERS)
§ 3023. Separation of ensigns found not fully qualified
If an officer in the permanent grade of ensign is at any time found not fully qualified, the officer’s commission shall be revoked and the officer shall be separated from the commissioned service.
(Pub. L. 107–372, title II, § 223, Dec. 19, 2002, 116 Stat. 3085; Pub. L. 117–263, div. K, title CXVII, § 11703(a), Dec. 23, 2022, 136 Stat. 4156.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 853e of this title prior to repeal by Pub. L. 107–372.
heading: Amendments
text: 2022—Pub. L. 117–263 amended section generally. Prior to amendment, section consisted of subsecs. (a) and (b) relating, respectively, to promotion of ensigns to grade of lieutenant (junior grade) and separation of ensigns found not fully qualified.
heading: Executive Documents
heading: Delegation of Functions
text: As amended by Pub. L. 117–263, text of section is identical to that of former subsec. (b) of this section. For delegation of functions of President under former subsec. (b) of this section to Secretary of Commerce, see section 1(a) 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. § 3041 (NAVIGATION AND NAVIGABLE WATERS)
§ 3041. Involuntary retirement or separation
(a) Transfer of officers to retired list; separation from service
As recommended by a personnel board convened under section 3022 of this title—
(1) an officer in the permanent grade of captain or commander may—
(A) except as provided by subparagraph (B), be transferred to the retired list; or
(B) if the officer is not qualified for retirement, be separated from service; and
(2) an officer in the permanent grade of lieutenant commander, lieutenant, or lieutenant (junior grade) who is not qualified for retirement may be separated from the service.
(b) Computations
In any fiscal year, the total number of officers selected for retirement or separation under subsection (a) plus the number of officers retired for age may not exceed the whole number nearest 4 percent of the total number of officers authorized to be on the active list, except as otherwise provided by law.
(c) Effective date of retirements and separations
A retirement or separation under subsection (a) shall take effect on the first day of the sixth month beginning after the date on which the Secretary approves the retirement or separation, except that if the officer concerned requests an earlier retirement or separation date, the date shall be as determined by the Secretary.
(d) Deferment of retirement or separation for medical reasons
(1) In general
If the Secretary determines that the evaluation of the medical condition of an officer requires hospitalization or medical observation that cannot be completed with confidence in a manner consistent with the officer’s well-being before the date on which the officer would otherwise be required to retire or be separated under this section, the Secretary may defer the retirement or separation of the officer.
(2) Consent required
A deferment may only be made with the written consent of the officer involved. If the officer does not provide written consent to the deferment, the officer shall be retired or separated as scheduled.
(3) Limitation
A deferment of retirement or separation under this subsection may not extend for more than 30 days after completion of the evaluation requiring hospitalization or medical observation.
(Pub. L. 107–372, title II, § 241, Dec. 19, 2002, 116 Stat. 3088; Pub. L. 116–259, title IV, § 401, Dec. 23, 2020, 134 Stat. 1177; Pub. L. 117–263, div. K, title CXVII, § 11705(a), Dec. 23, 2022, 136 Stat. 4157.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 853g of this title prior to repeal by Pub. L. 107–372.
heading: Amendments
text: 2022—Subsec. (a)(1). Pub. L. 117–263 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “an officer in the permanent grade of captain or commander may be transferred to the retired list; and”.
2020—Subsec. (d). Pub. L. 116–259 added subsec. (d).
33 U.S.C. § 3043 (NAVIGATION AND NAVIGABLE WATERS)
§ 3043. Mandatory retirement for age
(a) Officers below grade of rear admiral (lower half)
Unless retired or separated earlier, each officer on the lineal list of the commissioned corps who is serving in a grade below the grade of rear admiral (lower half) shall be retired or separated (as specified in section 1251(e) of title 10) on the first day of the month following the month in which the officer becomes 62 years of age.
(b) Flag officers
Notwithstanding subsection (a), the President may defer the retirement of an officer serving in a position that carries a grade above captain for such period as the President considers advisable, but such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 64 years of age.
(Pub. L. 107–372, title II, § 243, Dec. 19, 2002, 116 Stat. 3089; Pub. L. 117–263, div. K, title CXVII, § 11705(b), Dec. 23, 2022, 136 Stat. 4157.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 853k of this title prior to repeal by Pub. L. 107–372.
heading: Amendments
text: 2022—Subsec. (a). Pub. L. 117–263 substituted “be retired or separated (as specified in section 1251(e) of title 10)” for “be retired”.
heading: Executive Documents
heading: Delegation of Functions
text: Functions of President under subsec. (b) of this section delegated to Secretary of Commerce by section 1(e) 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. § 3079b (NAVIGATION AND NAVIGABLE WATERS)
§ 3079b. Shore leave for professional mariners
(a) In general
The Under Secretary may prescribe regulations relating to shore leave for professional mariners without regard to the requirements of section 6305 of title 5.
(b) Requirements
The regulations prescribed under subsection (a) shall—
(1) require that a professional mariner serving aboard an ocean-going vessel be granted a leave of absence of 4 days per pay period; and
(2) provide that a professional mariner serving in a temporary promotion position aboard a vessel may be paid the difference between such mariner’s temporary and permanent rates of pay for leave accrued while serving in the temporary promotion position.
(c) Professional mariner defined
In this section, the term “professional mariner” means an individual employed on a vessel of the Administration who has the necessary expertise to serve in the engineering, deck, steward, electronic technician, or survey department.
(Pub. L. 107–372, title II, § 269B, as added Pub. L. 117–263, div. K, title CXVII, § 11706(a), Dec. 23, 2022, 136 Stat. 4157.)
33 U.S.C. § 3401 (NAVIGATION AND NAVIGABLE WATERS)
§ 3401. Purpose
The purpose of this subchapter is to establish the national ocean exploration program within the National Oceanic and Atmospheric Administration.
(Pub. L. 111–11, title XII, § 12001, Mar. 30, 2009, 123 Stat. 1417; Pub. L. 117–263, div. J, title CIII, § 10305(a), Dec. 23, 2022, 136 Stat. 3971.)
heading: Editorial Notes
heading: Amendments
text: 2022—Pub. L. 117–263 struck out “and the national undersea research program” after “national ocean exploration program”.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 111–11, title XII, § 12101, Mar. 30, 2009, 123 Stat. 1419, which provided that part II of subtitle A of title XII of Pub. L. 111–11, which enacted subchapter II of this chapter, could be cited as the “NOAA Undersea Research Program Act of 2009”, was repealed by Pub. L. 117–263, div. J, title CIII, § 10306(a), Dec. 23, 2022, 136 Stat. 3974.
33 U.S.C. § 3402 (NAVIGATION AND NAVIGABLE WATERS)
§ 3402. Program established
The Administrator of the National Oceanic and Atmospheric Administration shall, in consultation with the National Science Foundation and other appropriate Federal agencies, establish a coordinated national ocean exploration program within the National Oceanic and Atmospheric Administration that promotes collaboration with other Federal ocean research and exploration programs. To the extent appropriate, the Administrator shall seek to facilitate coordination of data and information management systems, outreach and education programs to improve public understanding of ocean and coastal resources, and development and transfer of technologies to facilitate ocean research and ocean exploration and characterization efforts.
(Pub. L. 111–11, title XII, § 12002, Mar. 30, 2009, 123 Stat. 1417; Pub. L. 117–263, div. J, title CIII, § 10305(b), Dec. 23, 2022, 136 Stat. 3971.)
heading: Editorial Notes
heading: Amendments
text: 2022—Pub. L. 117–263 struck out “and undersea” after “Federal ocean” in first sentence and substituted “research and ocean exploration and characterization efforts” for “and undersea research and exploration” in second sentence.
33 U.S.C. § 3404 (NAVIGATION AND NAVIGABLE WATERS)
§ 3404. Education, workforce training, and outreach
(a) In general
The Administrator of the National Oceanic and Atmospheric Administration shall—
(1) conduct education and outreach efforts in order to broadly disseminate information to the public on the discoveries made by the program under section 3402 of this title;
(2) to the extent possible, coordinate the efforts described in paragraph (1) with the outreach strategies of other domestic or international ocean mapping, exploration, and characterization initiatives; and
(3) establish a fellowship program at the National Oceanic and Atmospheric Administration to provide year-long fellowships to undergraduate students from institutions described in section 1067q(a) of title 20.
(b) Education and outreach efforts
Efforts described in subsection (a)(1) may include—
(1) education of the general public, teachers, students, and ocean and coastal resource managers; and
(2) workforce training, reskilling, and opportunities to encourage development of ocean-related science, technology, engineering, and mathematics technical training programs involving secondary schools, community colleges, and universities, including institutions described in section 1067q(a) of title 20.
(c) Outreach strategy
Not later than 180 days after the date of the enactment of the National Ocean Exploration Act,1 the Administrator of the National Oceanic and Atmospheric Administration shall develop an outreach strategy to broadly disseminate information on the discoveries made by the program under section 3402 of this title.
(Pub. L. 111–11, title XII, § 12004, as added Pub. L. 117–263, div. J, title CIII, § 10305(e)(1), Dec. 23, 2022, 136 Stat. 3973.)
heading: Editorial Notes
heading: References in Text
text: The date of the enactment of the National Ocean Exploration Act, referred to in subsec. (c), probably means the date of enactment of Pub. L. 117–263, which was approved Dec. 23, 2022. Prior versions of the bill that was enacted into law as title CIII of div. J of Pub. L. 117–263 included such Short Title, but it was not enacted as part of Pub. L. 117–263.
heading: Prior Provisions
text: A prior section 3404, Pub. L. 111–11, title XII, Mar. 30, 2009, 123 Stat. 1418, related to an ocean exploration and undersea research technology and infrastructure task force, prior to repeal by Pub. L. 117–263, div. J, title CIII, § 10305(d), Dec. 23, 2022, 136 Stat. 3972.
33 U.S.C. § 3405 (NAVIGATION AND NAVIGABLE WATERS)
§ 3405. Ocean Exploration Advisory Board
(a) Establishment
The Administrator of the National Oceanic and Atmospheric Administration shall appoint an Ocean Exploration Advisory Board composed of experts in relevant fields, including representatives from academic, commercial, nonprofit, philanthropic, policy, and Tribal entities—
(1) to advise the Administrator on priority areas for survey, discovery, and opportunities for extramural collaboration and partnerships;
(2) to assist the program in the development of a 5-year strategic plan for the fields of ocean, marine, and Great Lakes science, exploration, and discovery;
(3) to annually review the quality and effectiveness of the proposal review process established under section 3403(a)(4) of this title; and 1
(4) to identify market barriers to development or commercialization of novel ocean mapping, exploration, and characterization products, processes, and tools;
(5) to identify best practices to improve data management, processing, storage, and archiving standards; and
(6) to provide other assistance and advice as requested by the Administrator.
(b) Chapter 10 of title 5
Section 1013 of title 5 shall not apply to the Board appointed under subsection (a).
(c) Application with Outer Continental Shelf Lands Act
Nothing in this subchapter supersedes, or limits the authority of the Secretary of the Interior under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).
(Pub. L. 111–11, title XII, § 12005, Mar. 30, 2009, 123 Stat. 1418; Pub. L. 117–263, div. J, title CIII, § 10305(f), Dec. 23, 2022, 136 Stat. 3973; Pub. L. 117–286, § 4(a)(208), Dec. 27, 2022, 136 Stat. 4329.)
heading: Editorial Notes
heading: References in Text
text: The Outer Continental Shelf Lands Act, referred to in subsec. (c), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, which is classified generally to subchapter III (§ 1331 et seq.) of chapter 29 of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of Title 43 and Tables.
heading: Amendments
text: 2022—Subsec. (a). Pub. L. 117–263, § 10305(f)(1)(A), inserted “, including representatives from academic, commercial, nonprofit, philanthropic, policy, and Tribal entities” after “relevant fields” in introductory provisions.
Subsec. (a)(1). Pub. L. 117–263, § 10305(f)(1)(B), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “to advise the Administrator on priority areas for survey and discovery;”.
Subsec. (a)(4) to (6). Pub. L. 117–263, § 10305(f)(1)(C), (D), added pars. (4) and (5) and redesignated former par. (4) as (6).
Subsec. (b). Pub. L. 117–286 substituted “Chapter 10 of title 5” for “Federal Advisory Committee Act” in heading and “Section 1013 of title 5” for “Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.)” in text.
Subsec. (c). Pub. L. 117–263, § 10305(f)(2), inserted “this” before “subchapter”.
33 U.S.C. § 3406 (NAVIGATION AND NAVIGABLE WATERS)
§ 3406. Authorization of appropriations
There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out this subchapter $60,000,000 for each of fiscal years 2023 through 2028
(Pub. L. 111–11, title XII, § 12006, Mar. 30, 2009, 123 Stat. 1419; Pub. L. 117–263, div. J, title CIII, § 10305(g), Dec. 23, 2022, 136 Stat. 3974.)
heading: Editorial Notes
heading: Amendments
text: 2022—Pub. L. 117–263 substituted “this subchapter $60,000,000 for each of fiscal years 2023 through 2028” for “this subchapter—” and struck out pars. (1) to (7) which authorized appropriations for fiscal years 2009 through 2015.