US (United States) Code. Title 32. Chapter 13: Mississippi River Commission

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Navigation and navigable waters

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 30 páginas
publicidad
publicidad

-CITE-

33 USC CHAPTER 13 - MISSISSIPPI RIVER COMMISSION 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 13 - MISSISSIPPI RIVER COMMISSION

-HEAD-

CHAPTER 13 - MISSISSIPPI RIVER COMMISSION

-MISC1-

Sec.

641. Creation of Mississippi River Commission.

642. Appointment of commissioners; vacancies; chairman;

tenure of office.

642a. Rank, pay, and allowances of Corps of Engineers

officers serving as President of Mississippi River

Commission.

643. Omitted.

644. Secretary of commission.

645. Repealed.

646. Headquarters and meetings of commission.

647. Mississippi River survey.

648. Arkansas River; levee and bank protection.

649. Vicksburg Harbor and Ohio River below Cache River.

650. Mississippi River below Rock Island; levee and bank

protection.

651. Tributaries of Mississippi River below Cairo; levee

and bank protection.

652. Upper Mississippi River Management.

(a) Short title; Congressional declaration of

intent.

(b) Definitions.

(c) Congressional approval of Master Plan.

(d) Cooperative effort and mutual assistance among

States.

(e) Program authority.

(f) Recreational projects authority.

(g) Increases in lock capacity.

(h) Monitoring of traffic movements.

(i) Disposal of dredged material.

(j) Construction of second lock at locks and dam

26, Mississippi River, Alton, Illinois and

Missouri.

653. Extension of jurisdiction of Mississippi River

Commission.

653a. Extension of jurisdiction of Mississippi River

Commission.

-End-

-CITE-

33 USC Sec. 641 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 13 - MISSISSIPPI RIVER COMMISSION

-HEAD-

Sec. 641. Creation of Mississippi River Commission

-STATUTE-

A commission is created to be called "The Mississippi River

Commission", to consist of seven members.

-SOURCE-

(June 28, 1879, ch. 43, Sec. 1, 21 Stat. 37.)

-COD-

CODIFICATION

This was the first section of an act entitled "An act to provide

for the appointment of a 'Mississippi River Commission' for the

improvement of said river from the Head of the Passes near its

mouth to its head-waters".

-MISC1-

APPROPRIATION FOR SALARIES AND EXPENSES

Section 7 of act June 28, 1879, omitted as temporary and

executed, provided for the expenditure of an appropriation of

$175,000 for salaries of the commission and necessary expenses of

surveys, examinations, etc.

MISSOURI RIVER COMMISSION

The Missouri River Commission was created by act July 5, 1884,

ch. 229, Sec. 1, 23 Stat. 144, and repealed by act July 13, 1902,

ch. 1079, Sec. 1, 32 Stat. 367.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 642, 647, 653, 653a of

this title.

-End-

-CITE-

33 USC Sec. 642 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 13 - MISSISSIPPI RIVER COMMISSION

-HEAD-

Sec. 642. Appointment of commissioners; vacancies; chairman; tenure

of office

-STATUTE-

The President of the United States shall, by and with the advice

and consent of the Senate, appoint seven commissioners, three of

whom shall be selected from the Engineer Corps of the Army, one

from the National Ocean Survey, and three from civil life, two of

whom shall be civil engineers. And any vacancy which may occur in

the commission shall in like manner be filled by the President of

the United States; and he shall designate one of the commissioners

appointed from the Engineer Corps of the Army to be president of

the commission. The commissioners appointed under sections 641 to

644, 646, and 647 of this title, except those appointed from civil

life, shall remain in office subject to removal by the President of

the United States. Each commissioner appointed from civil life

after November 7, 1966, shall be appointed for a term of nine

years.

-SOURCE-

(June 28, 1879, ch. 43, Sec. 2, 21 Stat. 37; Pub. L. 89-789, title

II, Sec. 208, Nov. 7, 1966, 80 Stat. 1423.)

-MISC1-

AMENDMENTS

1966 - Pub. L. 89-789 inserted ", except those appointed from

civil life," and provided a nine year term for each commissioner

appointed from civil life after Nov. 7, 1966.

-CHANGE-

CHANGE OF NAME

Coast and Geodetic Survey consolidated with National Weather

Bureau in 1965 to form Environmental Science Services

Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30

F.R. 8819, 79 Stat. 1318. Environmental Science Services

Administration abolished in 1970 and its personnel, property,

records, etc., transferred to National Oceanic and Atmospheric

Administration by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35

F.R. 15627, 84 Stat. 2090. By order of Acting Associate

Administrator of National Oceanic Atmospheric Administration, 35

F.R. 19249, Dec. 19, 1970, Coast and Geodetic Survey redesignated

National Ocean Survey. See notes set out under section 311 of Title

15, Commerce and Trade.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all officers of Department of Commerce and functions

of all officers and employees of such Department transferred, with

a few exceptions, to Secretary of Commerce, with power vested in

him to authorize their performance or performance of any of his

functions by any of such officers, agencies and employees, by

Reorg. Plan No. 5 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R.

3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 647 of this title.

-End-

-CITE-

33 USC Sec. 642a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 13 - MISSISSIPPI RIVER COMMISSION

-HEAD-

Sec. 642a. Rank, pay, and allowances of Corps of Engineers officers

serving as President of Mississippi River Commission

-STATUTE-

Any officer of the Corps of Engineers who has served or shall

serve four years as President of the Mississippi River Commission

and who has been or shall subsequently be retired, shall, from the

date of such retirement, receive the rank, pay, and allowances of a

retired major general.

-SOURCE-

(June 15, 1936, ch. 548 (pt.), as added Aug. 18, 1941, ch. 377,

Sec. 3, 55 Stat. 644.)

-COD-

CODIFICATION

Section was formerly classified to section 1026b of title 10

prior to the general revision and enactment of Title 10, Armed

Forces, by act Aug. 10, 1956, ch. 1041, Sec. 1, 70A Stat. 1.

-End-

-CITE-

33 USC Sec. 643 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 13 - MISSISSIPPI RIVER COMMISSION

-HEAD-

Sec. 643. Omitted

-COD-

CODIFICATION

Section, acts June 28, 1879, ch. 43, Sec. 2, 21 Stat. 37; June

25, 1910, ch. 382, Sec. 1, 36 Stat. 658; Mar. 1, 1917, ch. 144,

Sec. 4, 39 Stat. 951, related to compensation of commissioners. See

section 702h of this title.

-End-

-CITE-

33 USC Sec. 644 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 13 - MISSISSIPPI RIVER COMMISSION

-HEAD-

Sec. 644. Secretary of commission

-STATUTE-

The Secretary of the Army may detail from the Engineer Corps of

the Army of the United States an officer to act as secretary of

said commission.

-SOURCE-

(June 28, 1879, ch. 43, Sec. 6, 21 Stat. 38; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 642, 647 of this title.

-End-

-CITE-

33 USC Sec. 645 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 13 - MISSISSIPPI RIVER COMMISSION

-HEAD-

Sec. 645. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80

Stat. 642

-MISC1-

Section, act July 25, 1912, ch. 253, Sec. 1, 37 Stat. 218,

related to traveling expenses of civilian members of commission and

of Assistant Engineer of Board of Engineers for Rivers and Harbors.

-End-

-CITE-

33 USC Sec. 646 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 13 - MISSISSIPPI RIVER COMMISSION

-HEAD-

Sec. 646. Headquarters and meetings of commission

-STATUTE-

The headquarters and general offices of said commission shall be

located at some city or town on the Mississippi River, to be

designated by the Secretary of the Army, and the meetings of the

commission except such as are held on Government boats during the

time of the semiannual inspection trips of the commission shall be

held at said headquarters and general offices, the times of said

meetings to be fixed by the president of the commission, who shall

cause due notice of such meetings to be given members of the

commission and the public.

-SOURCE-

(June 28, 1879, ch. 43, Sec. 8, as added Feb. 18, 1901, ch. 377, 31

Stat. 793; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat.

501.)

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 642, 647 of this title.

-End-

-CITE-

33 USC Sec. 647 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 13 - MISSISSIPPI RIVER COMMISSION

-HEAD-

Sec. 647. Mississippi River survey

-STATUTE-

Detail of assistants; vessels; instruments - It shall be the duty

of the Mississippi River Commission to direct and complete such

surveys of the Mississippi River, between the Head of the Passes

near its mouth to its headwaters as may have been in progress June

28, 1879, and to make such additional surveys, examinations, and

investigations, topographical, hydrographical, and hydrometrical,

of said river and its tributaries, as may be deemed necessary by

said commission to carry out the objects of sections 641 to 644,

646, and 647 of this title. And to enable said commission to

complete such surveys, examinations, and investigations, the

Secretary of the Army shall, when requested by said commission,

detail from the Engineer Corps of the Army such officers and men as

may be necessary, and shall place in the charge and for the use of

said commission such vessel or vessels and such machinery and

instruments as may be under his control and may be deemed

necessary. And the Secretary of Commerce shall, when requested by

said commission in like manner detail from the National Ocean

Survey such officers and men as may be necessary, and shall place

in the charge and for the use of said commission such vessel or

vessels and such machinery and instruments as may be under his

control and may be deemed necessary. And the said commission may,

with the approval of the Secretary of the Army, employ such

additional force and assistants, and provide, by purchase or

otherwise, such vessels or boats and such instruments and means as

may be deemed necessary.

Plans; report - It shall be the duty of said commission to take

into consideration and mature such plan or plans and estimates as

will correct, permanently locate, and deepen the channel and

protect the banks of the Mississippi River; improve and give safety

and ease to the navigation thereof; prevent destructive floods;

promote and facilitate commerce, trade, and the postal service; and

when so prepared and matured, to submit to the Secretary of the

Army a full and detailed report of their proceedings and actions,

and of such plans, with estimates of the cost thereof, for the

purposes aforesaid, to be by him transmitted to Congress: Provided,

That the commission shall report in full upon the practicability,

feasibility, and probable cost of the various plans known as the

jetty system, the levee system, and the outlet system, as well as

upon such others as they deem necessary.

Plans for immediate works - The said commission may, prior to the

completion of all the surveys and examinations contemplated by

sections 641 to 644, 646, and 647 of this title, prepare and submit

to the Secretary of the Army, plans, specifications, and estimates

of costs for such immediate works as, in the judgment of said

commission, may constitute a part of the general system of works

herein contemplated, to be by him transmitted to Congress.

-SOURCE-

(June 28, 1879, ch. 43, Secs. 3-5, 21 Stat. 37, 38; Feb. 14, 1903,

ch. 552, Sec. 4, 32 Stat. 826; July 26, 1947, ch. 343, title II,

Sec. 205(a), 61 Stat. 501.)

-CHANGE-

CHANGE OF NAME

Coast and Geodetic Survey consolidated with National Weather

Bureau in 1965 to form Environmental Science Services

Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30

F.R. 8819, 79 Stat. 1318. Environmental Science Services

Administration abolished in 1970 and its personnel, property,

records, etc., transferred to National Oceanic and Atmospheric

Administration by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35

F.R. 15627, 84 Stat. 2090. By order of Acting Associate

Administrator of National Oceanic Atmospheric Administration, 35

F.R. 19249, Dec. 19, 1970, Coast and Geodetic Survey redesignated

National Ocean Survey. See notes set out under section 311 of Title

15, Commerce and Trade.

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary of Commerce" substituted for "Secretary of the

Treasury" in the first par. pursuant to sections 4 and 10 of act

Feb. 14, 1903, which are classified to sections 1511, 1513, 1515,

and 1516 of Title 15, Commerce and Trade, and which transferred

Coast and Geodetic Survey, and powers and duties pertaining

thereto, from Department of the Treasury to Department of Commerce.

Functions of all officers of Department of Commerce and functions

of all officers and employees of such Department transferred, with

a few exceptions, to Secretary of Commerce, with power vested in

him to authorize their performance or performance of any of his

functions by any of such officers, agencies, and employees, by

Reorg. Plan No. 5 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R.

3174, 64 Stat. 1263, set out in Appendix to Title 5, Government

Organization and Employees.

-MISC1-

TRIBUTARIES

Act Mar. 3, 1881, ch. 136, 21 Stat. 474, provided in part as

follows: "It shall be the duty of said commission to take into

consideration, and of the Secretary of War [now Secretary of the

Army] to extend operations, under their supervision, to tributaries

of the Mississippi River to the extent, and not further, that may

be necessary in the judgment of said commission to the perfection

of the general and permanent improvement of said Mississippi

River."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 642 of this title.

-End-

-CITE-

33 USC Sec. 648 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 13 - MISSISSIPPI RIVER COMMISSION

-HEAD-

Sec. 648. Arkansas River; levee and bank protection

-STATUTE-

The jurisdiction of the Mississippi River Commission is extended

so as to include that part of the Arkansas River between its mouth

and the intersection thereof with the division line between Lincoln

and Jefferson Counties, and any funds which are appropriated by

Congress for improving the Mississippi River between Head of Passes

and the mouth of the Ohio River, and which may be allotted to

levees and bank revetment, may be expended within the limits of

said extended jurisdiction under the direction of the Secretary of

the Army, in accordance with the plans, specifications, and

recommendations of the Mississippi River Commission, as approved by

the Chief of Engineers, and upon like terms and conditions for

levees and bank revetment upon any part of the Mississippi River

now under the jurisdiction of said commission, and in such manner

as will best promote and accomplish the purposes for which

commission was created, in so far as the territory hereby added to

its said jurisdiction may be involved.

-SOURCE-

(July 27, 1916, ch. 260, Sec. 1, 39 Stat. 402; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-

CODIFICATION

Section is from part of section 1 of the Rivers and Harbors

Appropriation Act of 1916.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-End-

-CITE-

33 USC Sec. 649 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 13 - MISSISSIPPI RIVER COMMISSION

-HEAD-

Sec. 649. Vicksburg Harbor and Ohio River below Cache River

-STATUTE-

The harbor at Vicksburg, Mississippi, and the Ohio River from its

mouth to the mouth of the Cache River, are transferred to and

placed under the control and jurisdiction of the Mississippi River

Commission: Provided, That no part of the improvement of the Ohio

River, with a view to the construction of locks and dams, shall be

considered as transferred to or placed under the control and

jurisdiction of the Mississippi River Commission.

-SOURCE-

(July 27, 1916, ch. 260, Sec. 1, 39 Stat. 402.)

-COD-

CODIFICATION

Section is from part of section 1 of the Rivers and Harbors

Appropriation Act of 1916.

-End-

-CITE-

33 USC Sec. 650 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 13 - MISSISSIPPI RIVER COMMISSION

-HEAD-

Sec. 650. Mississippi River below Rock Island; levee and bank

protection

-STATUTE-

Any funds which are appropriated by Congress for improving the

Mississippi River between Head of Passes and the mouth of the Ohio

River, and which may be allotted to levees, may be expended, under

the direction of the Secretary of the Army, in accordance with the

plans, specifications, and recommendations of the Mississippi River

Commission, as approved by the Chief of Engineers, for levees upon

any part of said river between Head of Passes and Rock Island,

Illinois, in such manner as, in their opinion, shall best improve

navigation and promote the interest of commerce at all stages of

the river.

-SOURCE-

(July 27, 1916, ch. 260, Sec. 1, 39 Stat. 402; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-

CODIFICATION

Section is from part of section 1 of the Rivers and Harbors

Appropriation Act of 1916.

-MISC1-

PRIOR PROVISIONS

This provision superseded act June 4, 1906, ch. 2572, 34 Stat.

208, which contained similar provisions.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-End-

-CITE-

33 USC Sec. 651 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 13 - MISSISSIPPI RIVER COMMISSION

-HEAD-

Sec. 651. Tributaries of Mississippi River below Cairo; levee and

bank protection

-STATUTE-

The jurisdiction of the Mississippi River Commission is extended,

for the purposes of levee protection and bank protection, to the

tributaries and outlets of the Mississippi River between Cairo,

Illinois, and the Head of the Passes, in so far as these

tributaries and outlets are affected by the flood waters of the

Mississippi River.

-SOURCE-

(Sept. 22, 1922, ch. 427, Sec. 13, 42 Stat. 1047.)

-COD-

CODIFICATION

Section is from the Rivers and Harbors Appropriation Act for the

year 1922.

-End-

-CITE-

33 USC Sec. 652 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 13 - MISSISSIPPI RIVER COMMISSION

-HEAD-

Sec. 652. Upper Mississippi River Management

-STATUTE-

(a) Short title; Congressional declaration of intent

(1) This section may be cited as the "Upper Mississippi River

Management Act of 1986".

(2) To ensure the coordinated development and enhancement of the

Upper Mississippi River system, it is hereby declared to be the

intent of Congress to recognize that system as a nationally

significant ecosystem and a nationally significant commercial

navigation system. Congress further recognizes that the system

provides a diversity of opportunities and experiences. The system

shall be administered and regulated in recognition of its several

purposes.

(b) Definitions

For purposes of this section -

(1) the terms "Upper Mississippi River system" and "system"

mean those river reaches having commercial navigation channels on

the Mississippi River main stem north of Cairo, Illinois; the

Minnesota River, Minnesota; Black River, Wisconsin; Saint Croix

River, Minnesota and Wisconsin; Illinois River and Waterway,

Illinois; and Kaskaskia River, Illinois;

(2) the term "Master Plan" means the comprehensive master plan

for the management of the Upper Mississippi River system, dated

January 1, 1982, prepared by the Upper Mississippi River Basin

Commission and submitted to Congress pursuant to Public Law

95-502;

(3) the term "GREAT I, GREAT II, and GRRM studies" means the

studies entitled "GREAT Environmental Action Team - GREAT I - A

Study of the Upper Mississippi River", dated September 1980,

"GREAT River Environmental Action Team - GREAT II - A Study of

the Upper Mississippi River", dated December 1980, and "GREAT

River Resource Management Study", dated September 1982; and

(4) the term "Upper Mississippi River Basin Association" means

an association of the States of Illinois, Iowa, Minnesota,

Missouri, and Wisconsin, formed for the purposes of cooperative

effort and united assistance in the comprehensive planning for

the use, protection, growth, and development of the Upper

Mississippi River System.

(c) Congressional approval of Master Plan

(1) Congress hereby approves the Master Plan as a guide for

future water policy on the Upper Mississippi River system. Such

approval shall not constitute authorization of any recommendation

contained in the Master Plan.

(2) Omitted.

(d) Cooperative effort and mutual assistance among States

(1) The consent of the Congress is hereby given to the States of

Illinois, Iowa, Minnesota, Missouri, and Wisconsin, or any two or

more of such States, to enter into negotiations for agreements, not

in conflict with any law of the United States, for cooperative

effort and mutual assistance in the comprehensive planning for the

use, protection, growth, and development of the Upper Mississippi

River system, and to establish such agencies, joint or otherwise,

or designate an existing multi-State entity, as they may deem

desirable for making effective such agreements. To the extent

required by Article I, section 10 of the Constitution, such

agreements shall become final only after ratification by an Act of

Congress.

(2) The Secretary is authorized to enter into cooperative

agreements with the Upper Mississippi River Basin Association or

any other agency established under paragraph (1) of this subsection

to promote and facilitate active State government participation in

the river system management, development, and protection.

(3) For the purpose of ensuring the coordinated planning and

implementation of programs authorized in subsections (e) and (h)(2)

of this section, the Secretary shall enter into an interagency

agreement with the Secretary of the Interior to provide for the

direct participation of, and transfer of funds to, the Fish and

Wildlife Service and any other agency or bureau of the Department

of the Interior for the planning, design, implementation, and

evaluation of such programs.

(4) The Upper Mississippi River Basin Association or any other

agency established under paragraph (1) of this subsection is hereby

designated by Congress as the caretaker of the master plan. Any

changes to the master plan recommended by the Secretary shall be

submitted to such association or agency for review. Such

association or agency may make such comments with respect to such

recommendations and offer other recommended changes to the master

plan as such association or agency deems appropriate and shall

transmit such comments and other recommended changes to the

Secretary. The Secretary shall transmit such recommendations along

with the comments and other recommended changes of such association

or agency to the Congress for approval within 90 days of the

receipt of such comments or recommended changes.

(e) Program authority

(1) Authority. -

(A) In general. - The Secretary, in consultation with the

Secretary of the Interior and the States of Illinois, Iowa,

Minnesota, Missouri, and Wisconsin, may undertake, as identified

in the master plan -

(i) a program for the planning, construction, and evaluation

of measures for fish and wildlife habitat rehabilitation and

enhancement; and

(ii) implementation of a long-term resource monitoring,

computerized data inventory and analysis, and applied research

program.

(B) Advisory committee. - In carrying out subparagraph (A)(i),

the Secretary shall establish an independent technical advisory

committee to review projects, monitoring plans, and habitat and

natural resource needs assessments.

(2) Reports. - Not later than December 31, 2004, and not later

than December 31 of every sixth year thereafter, the Secretary, in

consultation with the Secretary of the Interior and the States of

Illinois, Iowa, Minnesota, Missouri, and Wisconsin, shall submit to

Congress a report that -

(A) contains an evaluation of the programs described in

paragraph (1);

(B) describes the accomplishments of each of the programs;

(C) provides updates of a systemic habitat needs assessment;

and

(D) identifies any needed adjustments in the authorization of

the programs.

(3) For purposes of carrying out paragraph (1)(A)(i) of this

subsection, there is authorized to be appropriated to the Secretary

$22,750,000 for fiscal year 1999 and each fiscal year thereafter.

(4) For purposes of carrying out paragraph (1)(A)(ii) of this

subsection, there is authorized to be appropriated to the Secretary

$10,420,000 for fiscal year 1999 and each fiscal year thereafter.

(5) Authorization of appropriations. - There is authorized to be

appropriated to carry out paragraph (1)(B) $350,000 for each of

fiscal years 1999 through 2009.

(6) Transfer of amounts. - For fiscal year 1999 and each fiscal

year thereafter, the Secretary, in consultation with the Secretary

of the Interior and the States of Illinois, Iowa, Minnesota,

Missouri, and Wisconsin, may transfer not to exceed 20 percent of

the amounts appropriated to carry out clause (i) or (ii) of

paragraph (1)(A) to the amounts appropriated to carry out the other

of those clauses.

(7)(A) Notwithstanding the provisions of subsection (a)(2) of

this section, the costs of each project carried out pursuant to

paragraph (1)(A)(i) of this subsection shall be allocated between

the Secretary and the appropriate non-Federal sponsor in accordance

with the provisions of section 2283(e) of this title; except that

the costs of operation and maintenance of projects located on

Federal lands or lands owned or operated by a State or local

government shall be borne by the Federal, State, or local agency

that is responsible for management activities for fish and wildlife

on such lands and, in the case of any project requiring non-Federal

cost sharing, the non-Federal share of the cost of the project

shall be 35 percent.

(B) Notwithstanding the provisions of subsection (a)(2) of this

section, the cost of implementing the activities authorized by

paragraph (1)(A)(ii) of this subsection shall be allocated in

accordance with the provisions of section 2283 of this title, as if

such activity was required to mitigate losses to fish and wildlife.

(8) None of the funds appropriated pursuant to any authorization

contained in this subsection shall be considered to be chargeable

to navigation.

(f) Recreational projects authority

(1) The Secretary, in consultation with any agency established

under subsection (d)(1) of this section, is authorized to implement

a program of recreational projects for the system substantially in

accordance with the recommendations of the GREAT I, GREAT II, and

GRRM studies and the master plan reports. In addition, the

Secretary, in consultation with any such agency, shall, at Federal

expense, conduct an assessment of the economic benefits generated

by recreational activities in the system. The cost of each such

project shall be allocated between the Secretary and the

appropriate non-Federal sponsor in accordance with title I of this

Act [33 U.S.C. 2211 et seq.].

(2) For purposes of carrying out the program of recreational

projects authorized in paragraph (1) of this subsection, there is

authorized to be appropriated to the Secretary not to exceed

$500,000 per fiscal year for each of the first 15 fiscal years

beginning after November 17, 1986.

(g) Increases in lock capacity

The Secretary shall, in his budget request, identify those

measures developed by the Secretary, in consultation with the

Secretary of Transportation and any agency established under

subsection (d)(1) of this section, to be undertaken to increase the

capacity of specific locks throughout the system by employing

nonstructural measures and making minor structural improvements.

(h) Monitoring of traffic movements

(1) The Secretary, in consultation with any agency established

under subsection (d)(1) of this section, shall monitor traffic

movements on the system for the purpose of verifying lock capacity,

updating traffic projections, and refining the economic evaluation

so as to verify the need for future capacity expansion of the

system.

(2) Determination. -

(A) In general. - The Secretary, in consultation with the

Secretary of the Interior and the States of Illinois, Iowa,

Minnesota, Missouri, and Wisconsin, shall determine the need for

river rehabilitation and environmental enhancement and protection

based on the condition of the environment, project developments,

and projected environmental impacts from implementing any

proposals resulting from recommendations made under subsection

(g) of this section and paragraph (1) of this subsection.

(B) Requirements. - The Secretary shall -

(i) complete the ongoing habitat needs assessment conducted

under this paragraph not later than September 30, 2000; and

(ii) include in each report under subsection (e)(2) of this

section the most recent habitat needs assessment conducted

under this paragraph.

(3) There is authorized to be appropriated to the Secretary such

sums as may be necessary to carry out this subsection.

(i) Disposal of dredged material

(1) The Secretary shall, as he determines feasible, dispose of

dredged material from the system pursuant to the recommendations of

the GREAT I, GREAT II, and GRRM studies.

(2) The Secretary shall establish and request appropriate Federal

funding for a program to facilitate productive uses of dredged

material. The Secretary shall work with the States which have,

within their boundaries, any part of the system to identify

potential users of dredged material.

(j) Construction of second lock at locks and dam 26, Mississippi

River, Alton, Illinois and Missouri

The Secretary is authorized to provide for the engineering,

design, and construction of a second lock at locks and dam 26,

Mississippi River, Alton, Illinois and Missouri, at a total cost of

$220,000,000, with a first Federal cost of $220,000,000. Such

second lock shall be one hundred and ten feet by six hundred feet

and shall be constructed at or in the vicinity of the location of

the replacement lock authorized by section 102 of Public Law

95-502. Section 2212 of this title shall apply to the project

authorized by this subsection.

-SOURCE-

(Pub. L. 99-662, title XI, Sec. 1103, Nov. 17, 1986, 100 Stat.

4225; Pub. L. 101-640, title IV, Sec. 405, Nov. 28, 1990, 104 Stat.

4646; Pub. L. 102-580, title I, Sec. 107, Oct. 31, 1992, 106 Stat.

4815; Pub. L. 106-53, title V, Sec. 509, Aug. 17, 1999, 113 Stat.

339; Pub. L. 106-109, Sec. 2, Nov. 24, 1999, 113 Stat. 1494.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 95-502, referred to in subsecs. (b)(2) and (j), is

Pub. L. 95-502, Oct. 21, 1978, 92 Stat. 1693, as amended. Section

102 of Pub. L. 95-502 is not classified to the Code. For complete

classification of this Act to the Code, see Tables.

This Act, referred to in subsec. (f)(1), is Pub. L. 99-662, Nov.

17, 1986, 100 Stat. 4082, as amended, known as the Water Resources

Development Act of 1986. Title I of this Act is classified

generally to subchapter I (Sec. 2211 et seq.) of chapter 36 of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 2201 of this title and

Tables.

-COD-

CODIFICATION

Subsec. (c)(2) of this section amended section 101 of Pub. L.

95-502, which is set out as a note under section 1962b-3 of Title

42, The Public Health and Welfare.

-MISC1-

AMENDMENTS

1999 - Subsec. (e). Pub. L. 106-53, Sec. 509(a), inserted subsec.

heading, added par. (1), and struck out former par. (1) which read

as follows: "The Secretary, in consultation with the Secretary of

the Interior and the States of Illinois, Iowa, Minnesota, Missouri,

and Wisconsin, is authorized to undertake, as identified in the

master plan -

"(A) a program for the planning, construction, and evaluation

of measures for fish and wildlife habitat rehabilitation and

enhancement;

"(B) implementation of a long-term resource monitoring program;

and

"(C) implementation of a computerized inventory and analysis

system."

Subsec. (e)(2). Pub. L. 106-53, Sec. 509(b), added par. (2) and

struck out former par. (2) which read as follows: "Each program

referred to in paragraph (1) shall be carried out for 15 years.

Before the last day of such 15-year period, the Secretary, in

consultation with the Secretary of the Interior and the States of

Illinois, Iowa, Minnesota, Missouri, and Wisconsin, shall conduct

an evaluation of such programs and submit a report on the results

of such evaluation to Congress. Such evaluation shall determine

each such program's effectiveness, strengths, and weaknesses and

contain recommendations for the modification and continuance or

termination of such program."

Subsec. (e)(3). Pub. L. 106-53, Sec. 509(c)(1), substituted

"(1)(A)(i)" for "(1)(A)" and "Secretary $22,750,000 for fiscal year

1999 and each fiscal year thereafter" for "Secretary not to exceed

$8,200,000 for the first fiscal year beginning after November 17,

1986, not to exceed $12,400,000 for the second fiscal year

beginning after November 17, 1986, and not to exceed $13,000,000

per fiscal year for each of the succeeding 13 fiscal years".

Subsec. (e)(4). Pub. L. 106-53, Sec. 509(c)(2), substituted

"(1)(A)(ii)" for "(1)(B)" and "Secretary $10,420,000 for fiscal

year 1999 and each fiscal year thereafter" for "Secretary not to

exceed $7,680,000 for the first fiscal year beginning after

November 17, 1986, and not to exceed $5,080,000 per fiscal year for

each of the succeeding 14 fiscal years".

Subsec. (e)(5). Pub. L. 106-109 substituted "paragraph (1)(B)"

for "paragraph (1)(A)(i)".

Pub. L. 106-53, Sec. 509(c)(3), added par. (5) and struck out

former par. (5) which read as follows: "For purposes of carrying

out paragraph (1)(C) of this subsection, there is authorized to be

appropriated to the Secretary not to exceed $40,000 for the first

fiscal year beginning after November 17, 1986, not to exceed

$280,000 for the second fiscal year beginning after November 17,

1986, not to exceed $1,220,000 for the third fiscal year beginning

after November 17, 1986, and not to exceed $875,000 per fiscal year

for each of the succeeding 12 fiscal years".

Subsec. (e)(6). Pub. L. 106-53, Sec. 509(d), added par. (6) and

struck out former par. (6) which contained provisions limiting

transfers to 20% of appropriated amounts and setting out specific

maximum monetary amounts.

Subsec. (e)(7)(A). Pub. L. 106-53, Sec. 509(e), (g)(1)(A),

substituted "(1)(A)(i)" for "(1)(A)" and inserted before period at

end "and, in the case of any project requiring non-Federal cost

sharing, the non-Federal share of the cost of the project shall be

35 percent".

Subsec. (e)(7)(B). Pub. L. 106-53, Sec. 509(g)(1)(B), substituted

"paragraph (1)(A)(ii)" for "paragraphs (1)(B) and (1)(C)".

Subsec. (f)(2). Pub. L. 106-53, Sec. 509(g)(2), struck out "(A)"

after "(2)" and struck out subpar. (B) which read as follows: "For

purposes of carrying out the assessment of the economic benefits of

recreational activities as authorized in paragraph (1) of this

subsection, there is authorized to be appropriated to the Secretary

not to exceed $300,000 per fiscal year for the first and second

fiscal years beginning after the computerized inventory and

analysis system implemented pursuant to subsection (e)(1)(C) of

this section is fully functional and $150,000 for the third such

fiscal year".

Subsec. (h)(2). Pub. L. 106-53, Sec. 509(f), inserted par.

heading, designated existing provisions as subpar. (A) and inserted

heading, and added subpar. (B).

1992 - Subsec. (e)(2). Pub. L. 102-580, Sec. 107(a)(1), which

directed the substitution of "15" for "ten" each place it appears,

could not be executed because "ten" did not appear subsequent to

amendment by Pub. L. 101-640, Sec. 405(1). See 1990 Amendment note

below.

Subsec. (e)(6). Pub. L. 102-580, Sec. 107(a)(3), added par. (6).

Former par. (6) redesignated (7).

Subsec. (e)(7). Pub. L. 102-580, Sec. 107(a)(2), redesignated

par. (6) as (7). Former par. (7) redesignated (8).

Subsec. (e)(7)(A). Pub. L. 102-580, Sec. 107(b), added subpar.

(A) and struck out former subpar. (A) which read as follows:

"Notwithstanding the provisions of subsection (a)(2) of this

section, the costs of each project carried out pursuant to

paragraph (1)(A) of this subsection shall be allocated between the

Secretary and the appropriate non-Federal sponsor in accordance

with the provisions of section 2283 of this title."

Subsec. (e)(8). Pub. L. 102-580, Sec. 107(a)(2), redesignated

par. (7) as (8).

1990 - Subsec. (e)(2). Pub. L. 101-640, Sec. 405(1), substituted

"15" for "ten" in two places.

Subsec. (e)(3). Pub. L. 101-640, Sec. 405(2), substituted "13"

for "eight".

Subsec. (e)(4). Pub. L. 101-640, Sec. 405(3), substituted "14"

for "nine".

Subsec. (e)(5). Pub. L. 101-640, Sec. 405(4), substituted "12"

for "seven".

Subsec. (f)(2)(A). Pub. L. 101-640, Sec. 405(5), substituted "15"

for "ten".

UPPER MISSISSIPPI RIVER BASIN SEDIMENT AND NUTRIENT STUDY

Pub. L. 106-541, title IV, Sec. 403, Dec. 11, 2000, 114 Stat.

2634, provided that:

"(a) In General. - In conjunction with the Secretary of

Agriculture and the Secretary of the Interior, the Secretary [of

the Army] shall conduct a study to -

"(1) identify and evaluate significant sources of sediment and

nutrients in the upper Mississippi River basin;

"(2) quantify the processes affecting mobilization, transport,

and fate of those sediments and nutrients on land and in water;

and

"(3) quantify the transport of those sediments and nutrients to

the upper Mississippi River and the tributaries of the upper

Mississippi River.

"(b) Study Components. -

"(1) Computer modeling. - In carrying out the study under this

section, the Secretary shall develop computer models of the upper

Mississippi River basin, at the subwatershed and basin scales, to

-

"(A) identify and quantify sources of sediment and nutrients;

and

"(B) examine the effectiveness of alternative management

measures.

"(2) Research. - In carrying out the study under this section,

the Secretary shall conduct research to improve the understanding

of -

"(A) fate processes and processes affecting sediment and

nutrient transport, with emphasis on nitrogen and phosphorus

cycling and dynamics;

"(B) the influences on sediment and nutrient losses of soil

type, slope, climate, vegetation cover, and modifications to

the stream drainage network; and

"(C) river hydrodynamics, in relation to sediment and

nutrient transformations, retention, and transport.

"(c) Use of Information. - On request of a Federal agency, the

Secretary may provide information for use in applying sediment and

nutrient reduction programs associated with land-use improvements

and land management practices.

"(d) Reports. -

"(1) Preliminary report. - Not later than 2 years after the

date of enactment of this Act [Dec. 11, 2000], the Secretary

shall transmit to Congress a preliminary report that outlines

work being conducted on the study components described in

subsection (b).

"(2) Final report. - Not later than 5 years after the date of

enactment of this Act, the Secretary shall transmit to Congress a

report describing the results of the study under this section,

including any findings and recommendations of the study.

"(e) Funding. -

"(1) Authorization of appropriations. - There is authorized to

be appropriated to carry out this section $4,000,000 for each of

fiscal years 2001 through 2005.

"(2) Federal share. - The Federal share of the cost of carrying

out this section shall be 50 percent."

UPPER MISSISSIPPI RIVER COMPREHENSIVE PLAN

Pub. L. 106-53, title IV, Sec. 459, Aug. 17, 1999, 113 Stat. 332,

as amended by Pub. L. 106-541, title IV, Sec. 404, Dec. 11, 2000,

114 Stat. 2635, provided that:

"(a) Development. - The Secretary [of the Army] shall develop a

plan to address water resource and related land resource problems

and opportunities in the upper Mississippi and Illinois River

basins, from Cairo, Illinois, to the headwaters of the Mississippi

River, in the interest of systemic flood damage reduction by means

of -

"(1) structural and nonstructural flood control and floodplain

management strategies;

"(2) continued maintenance of the navigation project;

"(3) management of bank caving and erosion;

"(4) watershed nutrient and sediment management;

"(5) habitat management;

"(6) recreation needs; and

"(7) other related purposes.

"(b) Contents. - The plan under subsection (a) shall -

"(1) contain recommendations on management plans and actions to

be carried out by the responsible Federal and non-Federal

entities;

"(2) specifically address recommendations to authorize

construction of a systemic flood control project for the upper

Mississippi River; and

"(3) include recommendations for Federal action where

appropriate and recommendations for follow-on studies for problem

areas for which data or current technology does not allow

immediate solutions.

"(c) Consultation and Use of Existing Data. - In carrying out

this section, the Secretary shall -

"(1) consult with appropriate Federal and State agencies; and

"(2) make maximum use of data in existence on the date of

enactment of this Act [Aug. 17, 1999] and ongoing programs and

efforts of Federal agencies and States in developing the plan

under subsection (a).

"(d) Cost Sharing. -

"(1) Development. - Development of the plan under subsection

(a) shall be at Federal expense.

"(2) Feasibility studies. - Feasibility studies resulting from

development of the plan shall be subject to cost sharing under

section 105 of the Water Resources Development Act of 1986 (33

U.S.C. 2215).

"(e) Report. - Not later than 3 years after the first date on

which funds are appropriated to carry out this section, 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 that includes

the plan under subsection (a)."

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2201 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2212 of this title.

-End-

-CITE-

33 USC Sec. 653 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 13 - MISSISSIPPI RIVER COMMISSION

-HEAD-

Sec. 653. Extension of jurisdiction of Mississippi River Commission

-STATUTE-

The jurisdiction of the Mississippi River Commission (established

by the Act of June 29, 1879 (!1) (33 U.S.C. 641)) is extended to

include -

(1) Terrebonne Parish, Louisiana; and

(2) the area bounded by the East Atchafalaya Basin Protection

Levee, the Mississippi River Levee, and Bayou Lafourche and

extending from Morganza, Louisiana, to the Gulf of Mexico,

insofar as such area is affected by the flood waters of the

Mississippi River.

-SOURCE-

(Pub. L. 102-580, title III, Sec. 301, Oct. 31, 1992, 106 Stat.

4838.)

-REFTEXT-

REFERENCES IN TEXT

Act of June 29, 1879 (33 U.S.C. 641), referred to in text,

probably means the act of June 28, 1879, ch. 43, 21 Stat. 37, which

enacted sections 641 to 644, 646, and 647 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

33 USC Sec. 653a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 13 - MISSISSIPPI RIVER COMMISSION

-HEAD-

Sec. 653a. Extension of jurisdiction of Mississippi River

Commission

-STATUTE-

The jurisdiction of the Mississippi River Commission, established

by section 641 of this title, is extended to include -

(1) all of the area between the eastern side of the Bayou

Lafourche Ridge from Donaldsonville, Louisiana, to the Gulf of

Mexico and the west guide levee of the Mississippi River from

Donaldsonville, Louisiana, to the Gulf of Mexico;

(2) Alexander County, Illinois; and

(3) the area in the State of Illinois from the confluence of

the Mississippi and Ohio Rivers northward to the vicinity of

Mississippi River mile 39.5, including the Len Small Drainage and

Levee District, insofar as such area is affected by the flood

waters of the Mississippi River.

-SOURCE-

(Pub. L. 104-303, title V, Sec. 517, Oct. 12, 1996, 110 Stat.

3764.)

-End-