US (United States) Code. Title 32. Chapter 36: Water resources development

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

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-CITE-

33 USC CHAPTER 36 - WATER RESOURCES DEVELOPMENT 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

-HEAD-

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

-MISC1-

Sec.

2201. "Secretary" defined.

SUBCHAPTER I - COST SHARING

2211. Harbors.

(a) Construction.

(b) Operation and maintenance.

(c) Erosion or shoaling attributable to Federal

navigation works.

(d) Non-Federal payments during construction.

(e) Agreement.

(f) Consideration of funding requirements and

equitable apportionment.

2212. Inland waterway transportation.

(a) Construction.

(b) Operation and maintenance.

(c) Authorizations from general fund.

2213. Flood control and other purposes.

(a) Flood control.

(b) Nonstructural flood control projects.

(c) Other purposes.

(d) Certain other costs assigned to project

purposes.

(e) Applicability.

(f) "Separable element" defined.

(g) Deferral of payment.

(h) Assigned joint and separable costs.

(i) Lands, easements, rights-of-way, dredged

material disposal areas, and relocations.

(j) Agreement.

(k) Payment options.

(l) Delay of initial payment.

(m) Ability to pay.

2214. General credit for flood control.

(a) Guidelines.

(b) Analysis of costs and benefits.

(c) Crediting of non-Federal share.

(d) Procedure for work done before November 17,

1986.

(e) Procedure for work done after November 17,

1986.

(f) Limitation not applicable.

(g) Cash contribution not affected.

2215. Feasibility studies; planning, engineering, and

design.

(a) Feasibility studies.

(b) Planning and engineering.

(c) Design.

2216. Rate of interest.

2217. Limitation on applicability of certain provisions in

reports.

2218. General applicability of cost sharing.

2219. Definitions.

2220. Rivers and harbors and other waterways projects for

benefit of navigation, flood control, hurricane

protection, beach erosion control, and other

purposes.

(a) Congressional declaration of policy; purchase

of indebtedness and loans to local interests

to meet contribution requirements.

(b) Authorization of appropriations.

SUBCHAPTER II - HARBOR DEVELOPMENT

2231. Studies of projects by non-Federal interests.

(a) Submission to Secretary.

(b) Review by Secretary.

(c) Submission to Congress.

(d) Credit and reimbursement.

2232. Construction of projects by non-Federal interests.

(a) Authority.

(b) Studies and engineering.

(c) Completion of studies.

(d) Authority to carry out improvement.

(e) Reimbursement.

(f) Operation and maintenance.

(g) Demonstration of non-Federal interests acting

as agent of Secretary.

2233. Coordination and scheduling of Federal, State, and

local actions.

(a) Notice of intent.

(b) Procedural requirements.

(c) Scheduling agreement.

(d) Contents of agreement.

(e) Preliminary decision.

(f) Revision of agreement.

(g) Progress reports.

(h) Final decision.

(i) Report on timesavings methods.

2234. Nonapplicability to Saint Lawrence Seaway.

2235. Construction in usable increments.

2236. Port or harbor dues.

(a) Consent of Congress.

(b) Jurisdiction.

(c) Collection of duties.

(d) Enforcement.

(e) Maritime lien.

2237. Information for national security.

2238. Authorization of appropriations.

(a) Trust fund.

(b) General fund.

2239. Repealed.

2240. Emergency response services.

(a) Grants.

(b) Authorization of appropriations.

2241. Definitions.

SUBCHAPTER III - INLAND WATERWAY TRANSPORTATION SYSTEM

2251. Inland Waterways Users Board.

(a) Establishment of Users Board.

(b) Duties.

(c) Administration.

SUBCHAPTER IV - WATER RESOURCES STUDIES

2261. Territories development study.

2262. Survey of potential for use of certain facilities as

hydroelectric facilities.

(a) Survey authority.

(b) Authorization of appropriations.

2263. Study of Corps capability to conserve fish and

wildlife.

(a) Investigation and study.

(b) Projects.

2264. Deauthorization of studies.

2265. Columbia River/Arkansas River Basin transfers.

2266. Canadian tidal power study.

(a) Study authority.

(b) Study phases.

(c) Authorization of appropriations.

2267. New York Bight study.

(a) Study authority.

(b) Study of physical hydraulic model.

(c) Agency coordination; findings and

recommendations.

(d) Authorization of appropriations.

2267a. Watershed and river basin assessments.

(a) In general.

(b) Cooperation.

(c) Consultation.

(d) Priority river basins and watersheds.

(e) Acceptance of contributions.

(f) Cost-sharing requirements.

(g) Authorization of appropriations.

2268. Marine technology review.

(a) Dredging needs.

(b) Authorization of appropriations.

2269. Tribal partnership program.

(a) Definition of Indian tribe.

(b) Program.

(c) Consultation and coordination with Secretary of

the Interior.

(d) Cost sharing.

(e) Authorization of appropriations.

SUBCHAPTER V - GENERAL PROVISIONS

2280. Maximum cost of projects.

2281. Matters to be addressed in planning.

2282. Feasibility reports.

(a) Report authority; contents; views of other

agencies.

(b) Reconnaissance studies.

(c) Benefits to Indian tribes.

(d) Use of standard and uniform procedures and

practices.

(e) Enhanced public participation.

2283. Fish and wildlife mitigation.

(a) Steps to be taken prior to or concurrently with

construction.

(b) Acquisition of lands or interests in lands for

mitigation.

(c) Allocation of mitigation costs.

(d) Mitigation plans as part of project proposals.

(e) First enhancement costs as Federal costs.

(f) National benefits from enhancement measures for

Atchafalaya Floodway System and Mississippi

Delta Region projects.

(g) Fish and Wildlife Coordination Act

supplementation.

2284. Benefits and costs attributable to environmental

measures.

2284a. Benefits to navigation.

2284b. Scenic and aesthetic considerations.

2285. Environmental Protection and Mitigation Fund.

2286. Acceptance of certain funds for mitigation.

2287. Continued planning and investigations.

(a) Pre-authorization planning and engineering.

(b) Omitted.

(c) Authorizations as additions to other

authorizations.

2288. Review of cost effectiveness of design.

2289. Urban and rural flood control frequency.

2290. Flood control in Trust Territory of the Pacific

Islands.

2291. Federal Project Repayment District.

2292. Surveying and mapping.

2293. Reprogramming during national emergencies.

(a) Termination or deferment of civil works

projects; application of resources to national

defense projects.

(b) Termination of state of war or national

emergency.

2294. Office of Environmental Policy.

2295. Compilation of laws; annual reports.

(a) Federal laws relating to improvements of rivers

and harbors, flood control, beach erosion, and

other water resources development.

(b) Annual report.

(c) Biennial reports for each State.

2296. Acquisition of recreation lands.

2297. Operation and maintenance on recreation lands.

2298. Impact of proposed projects on existing recreation

facilities.

2299. Acquisition of beach fill.

2300. Study of Corps capabilities.

2301, 2302. Omitted.

2303. Historical properties.

2304. Separability.

2305. Use of FMHA funds.

2306. Reports.

2307. Control of ice.

(a) Program authority.

(b) Assistance to units of local government.

(c) Authorization of appropriations.

(d) Hardwick, Vermont, demonstration program.

(e) Salmon, Idaho, experimental program.

(f) Wilmington, Illinois, project.

(g) Cost sharing.

(h) Report to Congress.

2308. Campgrounds for senior citizens.

(a) Establishment and development.

(b) Control of campground use and access.

(c) Authorization of appropriations.

(d) Campground at Sam Rayburn Dam and Reservoir,

Texas.

(e) Control of use and access to campground at Sam

Rayburn Dam and Reservoir, Texas.

(f) Authorization of appropriations.

(g) Boundaries of campground at Sam Rayburn Dam and

Reservoir, Texas.

2309. Great Lakes Commodities Marketing Board.

(a) Congressional declaration of purpose.

(b) Establishment; strategy development;

composition of Board; Director; report;

termination.

(c) International advisory group.

(d) Review of environmental, economic, and social

impacts of navigation in United States portion

of Great Lakes.

2309a. Project modifications for improvement of environment.

(a) Determination of need.

(b) Authority to make modifications.

(c) Restoration of environmental quality.

(d) Non-Federal share; limitation on maximum

Federal expenditure.

(e) Coordination of actions.

(f) Omitted.

(g) Nonprofit entities.

(h) Authorization of appropriations.

(i) Definition.

2310. Cost sharing for Territories.

2311. Report to Congress covering proposals for water

impoundment facilities.

2312. Comments on certain changes in operations of

reservoirs.

2313. Collaborative research and development.

(a) In general.

(b) Pre-agreement temporary protection of

technology.

(c) Administrative provisions.

(d) Applicability of other laws.

(e) Authorization of appropriations.

(f) Funding from other Federal sources.

2313a. Engineering and environmental innovations of national

significance.

(a) Surveys, plans, and studies.

(b) Funding.

2313b. Support of Army civil works program.

(a) General authority.

(b) Commercial application.

2314. Innovative technology.

(a) Use.

(b) Accelerated adoption of innovative technologies

for management of contaminated sediments.

(c) Reports.

(d) "Innovative technology" defined.

2314a. Technical assistance program.

(a) In general.

(b) Federal employees' inventions.

(c) Protection of confidential information.

(d) Definitions.

2315. Periodic statements.

2316. Environmental protection mission.

(a) General rule.

(b) Limitation.

2317. Wetlands.

(a) Goals and action plan.

(b) Constructed wetlands for Mud Creek, Arkansas.

(c) Non-Federal responsibilities.

(d) Wetlands restoration and enhancement

demonstration program.

(e) Training and certification of delineators.

2318. Flood plain management.

(a) Exclusion of elements from benefit-cost

analysis.

(b) Flood damage reduction benefits.

(c) Counties substantially located within 100-year

flood plain.

(d) Cost sharing.

(e) Regulations.

(f) Applicability.

2319. Reservoir management.

2320. Protection of recreational and commercial uses.

(a) General rule.

(b) Maintenance.

(c) Mitigation.

(d) Applicability.

(e) Cost sharing.

2321. Operation and maintenance of hydroelectric facilities.

2321a. Hydroelectric power project uprating.

(a) In general.

(b) Consultation.

(c) Use of funds provided by preference customers.

(d) Application.

(e) Effect on other authority.

2322. Single entities.

2323. Technical assistance to private entities.

(a) Use of Corps research and development labs.

(b) Contract.

2323a. Interagency and international support authority.

(a) In general.

(b) Consultation.

(c) Use of Corps' expertise.

(d) Funding.

2324. Reduced pricing for certain water supply storage.

(a) Provision of storage space.

(b) Maximum amount of storage space.

(c) Price.

(d) Determinations.

(e) Inflation adjustment of dollar amount.

(f) Non-Federal responsibilities.

(g) "Low income community" defined.

2325. Voluntary contributions for environmental and

recreation projects.

(a) Acceptance.

(b) Deposit.

2326. Beneficial uses of dredged material.

(a) In general.

(b) Secretarial findings.

(c) Cooperative agreement.

(d) Determination of construction costs.

(e) Selection of dredged material disposal method.

(f) Authorization of appropriations.

(g) Nonprofit entities.

2326a. Dredged material disposal facility partnerships.

(a) Additional capacity.

(b) Non-Federal use of disposal facilities.

(c) Public-private partnerships.

2326b. Sediment management.

(a) In general.

(b) Contents of strategies.

(c) Consultation.

(d) Dredged material disposal.

(e) Great Lakes tributary model.

(f) "Great Lakes States" defined.

(g) Authorization of appropriations.

2326c. Dredged material marketing and recycling.

(a) Dredged material marketing.

(b) Dredged material recycling.

2327. Definition of rehabilitation for inland waterway

projects.

2328. Challenge cost-sharing program for management of

recreation facilities.

(a) In general.

(b) Cooperative agreements.

(c) Contributions.

2329. International outreach program.

(a) In general.

(b) Cooperation.

(c) Funding.

2330. Aquatic ecosystem restoration.

(a) General authority.

(b) Cost sharing.

(c) Agreements.

(d) Cost limitation.

(e) Funding.

2331. Use of continuing contracts for construction of

certain projects.

(a) In general.

(b) Continuing contracts.

(c) Initiation of construction clarified.

2332. Flood mitigation and riverine restoration program.

(a) In general.

(b) Studies and projects.

(c) Cost-sharing requirements.

(d) Project justification.

(e) Priority areas.

(f) Program review.

(g) Maximum Federal cost per project.

(h) Procedure.

(i) Authorization of appropriations.

2333. Irrigation diversion protection and fisheries

enhancement assistance.

(a) In general.

(b) Cooperation.

(c) Priority.

(d) Non-Federal share.

(e) No construction activity.

(f) Report.

2334. Innovative technologies for watershed restoration.

2335. Coastal aquatic habitat management.

(a) In general.

(b) Assistance.

(c) Cost sharing.

(d) Operation and maintenance.

(e) Authorization of appropriations.

2336. Abandoned and inactive noncoal mine restoration.

(a) In general.

(b) Specific measures.

(c) Non-Federal share.

(d) Effect on authority of Secretary of the

Interior.

(e) Technology database for reclamation of

abandoned mines.

(f) Authorization of appropriations.

2337. Property protection program.

(a) In general.

(b) Provision of rewards.

(c) Authorization of appropriations.

2338. Reburial and conveyance authority.

(a) Definition of Indian tribe.

(b) Reburial.

(c) Conveyance authority.

2339. Assistance programs.

(a) Conservation and recreation management.

(b) Rural community assistance.

(c) Cooperative agreements.

-End-

-CITE-

33 USC Sec. 2201 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

-HEAD-

Sec. 2201. "Secretary" defined

-STATUTE-

For purposes of this Act, the term "Secretary" means the

Secretary of the Army.

-SOURCE-

(Pub. L. 99-662, Sec. 2, Nov. 17, 1986, 100 Stat. 4082.)

-REFTEXT-

REFERENCES IN 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 below and Tables.

-MISC1-

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-541, Sec. 1(a), Dec. 11, 2000, 114 Stat. 2572,

provided that: "This Act [see Tables for classification] may be

cited as the 'Water Resources Development Act of 2000'."

SHORT TITLE OF 1999 AMENDMENT

Pub. L. 106-53, Sec. 1(a), Aug. 17, 1999, 113 Stat. 269, provided

that: "This Act [see Tables for classification] may be cited as the

'Water Resources Development Act of 1999'."

SHORT TITLE OF 1996 AMENDMENT

Pub. L. 104-303, Sec. 1(a), Oct. 12, 1996, 110 Stat. 3658,

provided that: "This Act [see Tables for classification] may be

cited as the 'Water Resources Development Act of 1996'."

SHORT TITLE OF 1992 AMENDMENT

Pub. L. 102-580, Sec. 1(a), Oct. 31, 1992, 106 Stat. 4797,

provided that: "This Act [enacting sections 59gg, 426i-1, 569d to

569f, 653, 1271, 2268, and 2325 to 2329 of this title, amending

sections 426j, 467f, 467j to 467l, 562, 652, 1342, 1412, 1413,

1414, 1415, 1416, 1420, 1421, 2211, 2213, 2283, and 2309a of this

title, section 3036 of Title 10, Armed Forces, sections 460tt,

4702, and 4711 of Title 16, Conservation, and section 1962d-16 of

Title 42, The Public Health and Welfare, and enacting provisions

set out as notes under this section and sections 541, 1271, 2211,

2239, 2267, and 2281 of this title, section 9505 of Title 26,

Internal Revenue Code, and sections 390h-4 and 390h-5 of Title 43,

Public Lands] may be cited as the 'Water Resources Development Act

of 1992'."

SHORT TITLE OF 1990 AMENDMENT

Pub. L. 101-640, Sec. 1(a), Nov. 28, 1990, 104 Stat. 4604,

provided that: "This Act [enacting sections 59bb and 2316 to 2324

of this title, amending sections 579a, 652, 701n, 709a, 2213, 2215,

2232, 2238, 2281, 2309a, and 2314a of this title, section 460tt of

Title 16, Conservation, and section 1962d-16 of Title 42, The

Public Health and Welfare, repealing sections 579 and 2239 of this

title, enacting provisions set out as notes under this section,

sections 426e, 1252, 1268, 2213, 2232, 2239, 2313, and 2317 of this

title, and section 1405c of Title 48, Territories and Insular

Possessions, and amending provisions set out as notes under

sections 2294 and 2314 of this title and section 460d of Title 16]

may be cited as the 'Water Resources Development Act of 1990'."

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 100-676, Sec. 1(a), Nov. 17, 1988, 102 Stat. 4012,

provided that: "This Act [enacting sections 59j-1, 59y, 59z, and

2312 to 2315 of this title, amending sections 426j, 701b-12, 1293a,

2211, 2239, 2280, and 2291 of this title and section 1962d-5a of

Title 42, The Public Health and Welfare, enacting provisions set

out as notes under this section, sections 579a, 988, 2211, 2294,

2300, and 2314 of this title, and section 1962d-5g of Title 42, and

amending provisions set out as a note under section 2294 of this

title] may be cited as the 'Water Resources Development Act of

1988'."

SHORT TITLE

Section 1(a) of Pub. L. 99-662 provided that: "This Act [enacting

this chapter and sections 59n-1, 59v, 59w, 403b, 426n, 426o, 467f

to 467n, 555a, 579a, 652, 701b-12, 709b, 988a, and 1414a of this

title, sections 460tt of Title 16, Conservation, sections 4461,

4462, 9505, and 9506 of Title 26, Internal Revenue Code, section

483d of former Title 40, Public Buildings, Property, and Works, and

sections 1962d-11b and 1962d-20 of Title 42, The Public Health and

Welfare, amending sections 409, 414, 415, 426g, 426i, 426j, 426m,

467, 467b, 555, 557, 603a, 610, 701a-1, 701g, 701n, 701r, 701s,

984, and 1804 of this title, section 3036 of Title 10, Armed

Forces, sections 460ee and 1002 of Title 16, section 4042 of Title

26, sections 1962d-5a, 1962d-5b, 1962d-5d, 1962d-5f, and 1962d-16

of Title 42, sections 390 and 390b of Title 43, Public Lands, and

section 1121-1 of Title 46, Appendix, Shipping, repealing sections

1801 and 1802 of this title, enacting provisions set out as notes

under this section, sections 426, 426g, 467, 661, 984, 988, 1414a,

and 2294 of this title, sections 460d and 1004 of Title 16,

sections 1, 4042, 4461, 9505, and 9506 of Title 26, sections

1962d-5b, 1962d-20, and 10301 of Title 42, and section 390b of

Title 43, and amending provisions set out as a note under section

1962b-3 of Title 42] may be cited as the 'Water Resources

Development Act of 1986'."

Section 215 of title II of Pub. L. 99-662 provided that: "This

title [enacting subchapter II of this chapter] may be cited as the

'Harbor Development and Navigation Improvement Act of 1986'."

FUNDING TO PROCESS PERMITS

Pub. L. 106-541, title II, Sec. 214, Dec. 11, 2000, 114 Stat.

2594, provided that:

"(a) In General. - In fiscal years 2001 through 2003, the

Secretary, after public notice, may accept and expend funds

contributed by non-Federal public entities to expedite the

evaluation of permits under the jurisdiction of the Department of

the Army.

"(b) Effect on Permitting. - In carrying out this section, the

Secretary shall ensure that the use of funds accepted under

subsection (a) will not impact impartial decisionmaking with

respect to permits, either substantively or procedurally."

MONITORING

Pub. L. 106-541, title II, Sec. 223, Dec. 11, 2000, 114 Stat.

2597, provided that:

"(a) In General. - The Secretary shall conduct a monitoring

program of the economic and environmental results of up to 5

eligible projects selected by the Secretary.

"(b) Duration. - The monitoring of a project selected by the

Secretary under this section shall be for a period of not less than

12 years beginning on the date of its selection.

"(c) Reports. - The Secretary shall transmit to Congress every 3

years a report on the performance of each project selected under

this section.

"(d) Eligible Project Defined. - In this section, the term

'eligible project' means a water resources project, or separable

element thereof -

"(1) for which a contract for physical construction has not

been awarded before the date of enactment of this Act [Dec. 11,

2000];

"(2) that has a total cost of more than $25,000,000; and

"(3)(A) that has as a benefit-to-cost ratio of less than 1.5 to

1; or

"(B) that has significant environmental benefits or significant

environmental mitigation components.

"(e) Costs. - The cost of conducting monitoring under this

section shall be a Federal expense."

WATER CONTROL MANAGEMENT

Pub. L. 106-53, title V, Sec. 511, Aug. 17, 1999, 113 Stat. 341,

provided that:

"(a) In General. - In evaluating potential improvements for water

control management activities and consolidation of water control

management centers, the Secretary may consider a regionalized water

control management plan but may not implement such a plan until the

date on which a report is submitted under subsection (b).

"(b) Report. - Not later than 180 days after the date of

enactment of this Act [Aug. 17, 1999], the Secretary shall submit

to the Committee on Transportation and Infrastructure and the

Committee on Appropriations of the House of Representatives and the

Committee on Environment and Public Works and the Committee on

Appropriations of the Senate a report containing -

"(1) a description of the primary objectives of streamlining

water control management activities;

"(2) a description of the benefits provided by streamlining

water control management activities through consolidation of

centers for those activities;

"(3) a determination whether the benefits to users of

establishing regional water control management centers will be

retained in each district office of the Corps of Engineers that

does not have a regional center;

"(4) a determination whether users of regional centers will

receive a higher level of benefits from streamlining water

control management activities; and

"(5) a list of the members of Congress who represent a district

that includes a water control management center that is to be

eliminated under a proposed regionalized plan."

BUY AMERICAN; SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE

Pub. L. 106-53, title II, Sec. 222, Aug. 17, 1999, 113 Stat. 295,

provided that:

"(a) In General. - It is the sense of Congress that, to the

extent practicable, all equipment and products purchased with funds

made available under this Act [see Tables for classification]

should be American made.

"(b) Notice to Recipients of Assistance. - In providing financial

assistance under this Act, the Secretary, to the greatest extent

practicable, shall provide to each recipient of the assistance a

notice describing the statement made in subsection (a)."

Pub. L. 104-303, title II, Sec. 235, Oct. 12, 1996, 110 Stat.

3704, provided that:

"(a) Purchase of American-Made Equipment and Products. - It is

the sense of Congress that, to the greatest extent practicable, all

equipment and products purchased with funds made available under

this Act [see Tables for classification] should be American-made.

"(b) Notice to Recipients of Assistance. - In providing financial

assistance under this Act, the Secretary, to the greatest extent

practicable, shall provide to each recipient of the assistance a

notice describing the statement made in subsection (a)."

BUDGET ACT REQUIREMENTS

Section 948 of Pub. L. 99-662 provided that: "Any spending

authority under this Act [see Short Title note above] shall be

effective only to such extent and in such amounts as are provided

in appropriation Acts. For purposes of this Act, the term 'spending

authority' has the meaning provided in section 401(c)(2) of the

Congressional Budget Act of 1974 [2 U.S.C. 651(c)(2)], except that

such term does not include spending authority for which an

exception is made under section 401(d) of such Act."

-CROSS-

"SECRETARY" DEFINED

Pub. L. 106-541, Sec. 2, Dec. 11, 2000, 114 Stat. 2575, provided

that: "In this Act [see Tables for classification], the term

'Secretary' means the Secretary of the Army."

Pub. L. 106-53, Sec. 2, Aug. 17, 1999, 113 Stat. 273, provided

that: "In this Act [see Tables for classification], the term

'Secretary' means the Secretary of the Army."

Pub. L. 104-303, Sec. 2, Oct. 12, 1996, 110 Stat. 3662, provided

that: "In this Act [see Tables for classification], the term

'Secretary' means the Secretary of the Army."

Pub. L. 102-580, Sec. 3, Oct. 31, 1992, 106 Stat. 4801, provided

that: "For purposes of this Act [see Short Title of 1992 Amendment

note above], the term 'Secretary' means the Secretary of the Army."

Pub. L. 101-640, Sec. 2, Nov. 28, 1990, 104 Stat. 4605, provided

that: "For purposes of this Act [see Short Title of 1990 Amendment

note above], the term 'Secretary' means the Secretary of the Army."

Pub. L. 100-676, Sec. 2, Nov. 17, 1988, 102 Stat. 4013, provided

that: "For purposes of this Act [see Short Title of 1988 Amendment

note above], the term 'Secretary' means the Secretary of the Army."

-End-

-CITE-

33 USC SUBCHAPTER I - COST SHARING 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER I - COST SHARING

-HEAD-

SUBCHAPTER I - COST SHARING

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 652 of this title.

-End-

-CITE-

33 USC Sec. 2211 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER I - COST SHARING

-HEAD-

Sec. 2211. Harbors

-STATUTE-

(a) Construction

(1) Payments during construction

The non-Federal interests for a navigation project for a harbor

or inland harbor, or any separable element thereof, on which a

contract for physical construction has not been awarded before

November 17, 1986, shall pay, during the period of construction

of the project, the following costs associated with general

navigation features:

(A) 10 percent of the cost of construction of the portion of

the project which has a depth not in excess of 20 feet; plus

(B) 25 percent of the cost of construction of the portion of

the project which has a depth in excess of 20 feet but not in

excess of 45 feet; plus

(C) 50 percent of the cost of construction of the portion of

the project which has a depth in excess of 45 feet.

(2) Additional 10 percent payment over 30 years

The non-Federal interests for a project to which paragraph (1)

applies shall pay an additional 10 percent of the cost of the

general navigation features of the project in cash over a period

not to exceed 30 years, at an interest rate determined pursuant

to section 2216 of this title. The value of lands, easements,

rights-of-way, and relocations provided under paragraph (3) and

the costs of relocations borne by the non-Federal interests under

paragraph (4) shall be credited toward the payment required under

this paragraph.

(3) Lands, easements, and rights-of-way

Except as provided under section 2283(c) of this title, the

non-Federal interests for a project to which paragraph (1)

applies shall provide the lands, easements, rights-of-way, and

relocations (other than utility relocations under paragraph (4))

necessary for the project, including any lands, easements,

rights-of-way, and relocations (other than utility relocations

accomplished under paragraph (4)) that are necessary for dredged

material disposal facilities.

(4) Utility relocations

The non-Federal interests for a project to which paragraph (1)

applies shall perform or assure the performance of all

relocations of utilities necessary to carry out the project,

except that in the case of a project for a deep-draft harbor and

in the case of a project constructed by non-Federal interests

under section 2232 of this title, one-half of the cost of each

such relocation shall be borne by the owner of the facility being

relocated and one-half of the cost of each such relocation shall

be borne by the non-Federal interests.

(5) Dredged material disposal facilities for project construction

In this subsection, the term "general navigation features"

includes constructed land-based and aquatic dredged material

disposal facilities that are necessary for the disposal of

dredged material required for project construction and for which

a contract for construction has not been awarded on or before

October 12, 1996.

(b) Operation and maintenance

(1) In general

The Federal share of the cost of operation and maintenance of

each navigation project for a harbor or inland harbor constructed

by the Secretary pursuant to this Act or any other law approved

after November 17, 1986, shall be 100 percent, except that in the

case of a deep-draft harbor, the non-Federal interests shall be

responsible for an amount equal to 50 percent of the excess of

the cost of the operation and maintenance of such project over

the cost which the Secretary determines would be incurred for

operation and maintenance of such project if such project had a

depth of 45 feet.

(2) Dredged material disposal facilities

The Federal share of the cost of constructing land-based and

aquatic dredged material disposal facilities that are necessary

for the disposal of dredged material required for the operation

and maintenance of a project and for which a contract for

construction has not been awarded on or before October 12, 1996,

shall be determined in accordance with subsection (a) of this

section. The Federal share of operating and maintaining such

facilities shall be determined in accordance with paragraph (1).

(c) Erosion or shoaling attributable to Federal navigation works

Costs of constructing projects or measures for the prevention or

mitigation of erosion or shoaling damages attributable to Federal

navigation works shall be shared in the same proportion as the cost

sharing provisions applicable to the project causing such erosion

or shoaling. The non-Federal interests for the project causing the

erosion or shoaling shall agree to operate and maintain such

measures.

(d) Non-Federal payments during construction

The amount of any non-Federal share of the cost of any navigation

project for a harbor or inland harbor shall be paid to the

Secretary. Amounts required to be paid during construction shall be

paid on an annual basis during the period of construction,

beginning not later than one year after construction is initiated.

(e) Agreement

Before initiation of construction of a project to which this

section applies, the Secretary and the non-Federal interests shall

enter into a cooperative agreement according to the provisions of

section 1962d-5b of title 42. The non-Federal interests shall agree

to -

(1) provide to the Federal Government lands, easements, and

rights-of-way, including those necessary for dredged material

disposal facilities, and perform the necessary relocations

required for construction, operation, and maintenance of such

project;

(2) hold and save the United States free from damages due to

the construction or operation and maintenance of the project,

except for damages due to the fault or negligence of the United

States or its contractors;

(3) provide to the Federal Government the non-Federal share of

all other costs of construction of such project; and

(4) in the case of a deep-draft harbor, be responsible for the

non-Federal share of operation and maintenance required by

subsection (b) of this section.

(f) Consideration of funding requirements and equitable

apportionment

The Secretary shall ensure, to the extent practicable, that -

(1) funding requirements for operation and maintenance dredging

of commercial navigation harbors are considered before Federal

funds are obligated for payment of the Federal share of costs

associated with the construction of dredged material disposal

facilities in accordance with subsections (a) and (b) of this

section;

(2) funds expended for such construction are apportioned

equitably in accordance with regional needs; and

(3) use of a dredged material disposal facility designed,

constructed, managed, or operated by a private entity is not

precluded if, consistent with economic and environmental

considerations, the facility is the least-cost alternative.

-SOURCE-

(Pub. L. 99-662, title I, Sec. 101, Nov. 17, 1986, 100 Stat. 4082;

Pub. L. 100-676, Sec. 13(a), Nov. 17, 1988, 102 Stat. 4025; Pub. L.

102-580, title III, Sec. 333(b)(1), Oct. 31, 1992, 106 Stat. 4852;

Pub. L. 104-303, title II, Sec. 201(a)-(d), Oct. 12, 1996, 110

Stat. 3671, 3672.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (b)(1), 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.

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(2). Pub. L. 104-303, Sec. 201(a)(1), inserted

last sentence and struck out former last sentence which read as

follows: "The value of lands, easements, rights-of-way,

relocations, and dredged material disposal areas provided under

paragraph (3) and the costs of relocations borne by the non-Federal

interests under paragraph (4) shall be credited toward the payment

required under this paragraph."

Subsec. (a)(3). Pub. L. 104-303, Sec. 201(a)(2), inserted "and"

after "rights-of-way,", struck out ", and dredged material disposal

areas" after "relocations under paragraph (4))", and inserted

before period at end ", including any lands, easements,

rights-of-way, and relocations (other than utility relocations

accomplished under paragraph (4)) that are necessary for dredged

material disposal facilities".

Subsec. (a)(5). Pub. L. 104-303, Sec. 201(a)(3), added par. (5).

Subsec. (b). Pub. L. 104-303, Sec. 201(b), designated existing

provisions as par. (1), inserted heading, realigned margins, and

substituted "by the Secretary pursuant to this Act or any other law

approved after November 17, 1986" for "pursuant to this Act", and

added par. (2).

Subsec. (e)(1). Pub. L. 104-303, Sec. 201(c), substituted

"including those necessary for dredged material disposal

facilities," for "and to provide dredged material disposal areas".

Subsec. (f). Pub. L. 104-303, Sec. 201(d), added subsec. (f).

1992 - Subsec. (a)(3). Pub. L. 102-580 substituted "Except as

provided under section 906(c), the non-Federal" for "The

non-Federal".

1988 - Subsec. (a)(2). Pub. L. 100-676 added par. (2) and struck

out former par. (2) which read as follows: "The non-Federal

interests for a project to which paragraph (1) applies shall pay an

additional 10 percent of the cost of the general navigation

features of the project in cash over a period not to exceed 30

years, at an interest rate determined pursuant to section 2216 of

this title. The value of lands, easements, rights-of-way,

relocations, and dredged material disposal areas provided under

paragraph (3) shall be credited toward the payment required under

this paragraph."

EFFECTIVE DATE OF 1988 AMENDMENT

Section 13(b) of Pub. L. 100-676 provided that: "The amendment

made by subsection (a) [amending this section] shall take effect on

November 17, 1986."

DEEP DRAFT HARBOR COST SHARING

Pub. L. 106-53, title IV, Sec. 401, Aug. 17, 1999, 113 Stat. 322,

provided that:

"(a) In General. - The Secretary shall undertake a study of

non-Federal cost-sharing requirements for the construction and

operation and maintenance of deep draft harbor projects to

determine whether -

"(1) cost sharing adversely affects United States port

development or domestic and international trade; and

"(2) any revision of the cost-sharing requirements would

benefit United States domestic and international trade.

"(b) Recommendations. -

"(1) In general. - Not later than May 30, 2001, the Secretary

shall submit to the Committee on Environment and Public Works of

the Senate and the Committee on Transportation and Infrastructure

of the House of Representatives any recommendations that the

Secretary may have in light of the study under subsection (a).

"(2) Considerations. - In making recommendations, the Secretary

shall consider -

"(A) the potential economic, environmental, and budgetary

impacts of any proposed revision of the cost-sharing

requirements; and

"(B) the effect that any such revision would have on regional

port competition."

AMENDMENT OF COOPERATION AGREEMENT

Section 201(f) of Pub. L. 104-303 provided that: "If requested by

the non-Federal interest, the Secretary shall amend a project

cooperation agreement executed on or before the date of the

enactment of this Act [Oct. 12, 1996] to reflect the application of

the amendments made by this section [amending this section and

section 2241 of this title] to any project for which a contract for

construction has not been awarded on or before that date."

INCREASES IN NON-FEDERAL SHARE OF COSTS

Section 201(g) of Pub. L. 104-303 provided that: "Nothing in this

section [amending this section and section 2241 of this title and

enacting provisions set out above] (including the amendments made

by this section) shall increase, or result in the increase of, the

non-Federal share of the costs of -

"(1) expanding any confined dredged material disposal facility

that is operated by the Secretary and that is authorized for cost

recovery through the collection of tolls;

"(2) any confined dredged material disposal facility for which

the invitation for bids for construction was issued before the

date of the enactment of this Act [Oct. 12, 1996]; and

"(3) expanding any confined dredged material disposal facility

constructed under section 123 of the River and Harbor Act of 1970

(33 U.S.C. 1293a) if the capacity of the confined dredged

material disposal facility was exceeded in less than 6 years."

DREDGED MATERIAL DISPOSAL AREAS STUDY

Section 216 of Pub. L. 102-580 directed Secretary to conduct a

study on the need for changes in Federal law and policy with

respect to dredged material disposal areas for construction and

maintenance of harbors and inland harbors by Secretary and, not

later than 18 months after Oct. 31, 1992, to transmit to Congress a

report on the results of the study, together with recommendations

of the Secretary.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2213, 2215, 2232, 2236 of

this title.

-End-

-CITE-

33 USC Sec. 2212 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER I - COST SHARING

-HEAD-

Sec. 2212. Inland waterway transportation

-STATUTE-

(a) Construction

One-half of the costs of construction -

(1) of each project authorized by title III of this Act,

(2) of the project authorized by section 652(j) of this title,

and

(3) allocated to inland navigation for the project authorized

by section 844 of this Act,

shall be paid only from amounts appropriated from the general fund

of the Treasury. One-half of such costs shall be paid only from

amounts appropriated from the Inland Waterways Trust Fund. For

purposes of this subsection, the term "construction" shall include

planning, designing, engineering, surveying, the acquisition of all

lands, easements, and rights-of-way necessary for the project,

including lands for disposal of dredged material, and relocations

necessary for the project.

(b) Operation and maintenance

The Federal share of the cost of operation and maintenance of any

project for navigation on the inland waterways is 100 percent.

(c) Authorizations from general fund

Any Federal responsibility -

(1) with respect to a project authorized by title III or

section 652(j) of this title, or

(2) with respect to the portion of the project authorized by

section 844 allocated to inland navigation,

which responsibility is not provided for in subsection (a) of this

section shall be paid only from amounts appropriated from the

general fund of the Treasury.

-SOURCE-

(Pub. L. 99-662, title I, Sec. 102, Nov. 17, 1986, 100 Stat. 4084.)

-REFTEXT-

REFERENCES IN TEXT

Title III of this Act, referred to in subsecs. (a)(1) and (c)(1),

is title III of Pub. L. 99-662, Nov. 17, 1986, 100 Stat. 4109,

consisting of sections 301 and 302. The projects authorized by

title III probably mean the projects authorized by section 301 of

Pub. L. 99-662, which is not classified to the Code. Section 302 of

Pub. L. 99-662, which established the Inland Waterways Users Board,

is classified to section 2251 of this title.

Section 844 of this Act, referred to in subsecs. (a)(3) and

(c)(2), is section 844 of Pub. L. 99-662, Nov. 17, 1986, 100 Stat.

4177, which is not classified to the Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 652 of this title; title

26 section 9506.

-End-

-CITE-

33 USC Sec. 2213 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER I - COST SHARING

-HEAD-

Sec. 2213. Flood control and other purposes

-STATUTE-

(a) Flood control

(1) General rule

The non-Federal interests for a project with costs assigned to

flood control (other than a nonstructural project) shall -

(A) pay 5 percent of the cost of the project assigned to

flood control during construction of the project;

(B) provide all lands, easements, rights-of-way, and dredged

material disposal areas required only for flood control and

perform all related necessary relocations; and

(C) provide that portion of the joint costs of lands,

easements, rights-of-way, dredged material disposal areas, and

relocations which is assigned to flood control.

(2) 35 percent minimum contribution

If the value of the contributions required under paragraph (1)

of this subsection is less than 35 percent of the cost of the

project assigned to flood control, the non-Federal interest shall

pay during construction of the project such additional amounts as

are necessary so that the total contribution of the non-Federal

interests under this subsection is equal to 35 percent of the

cost of the project assigned to flood control.

(3) 50 percent maximum

The non-Federal share under paragraph (1) shall not exceed 50

percent of the cost of the project assigned to flood control. The

preceding sentence does not modify the requirement of paragraph

(1)(A) of this subsection.

(4) Deferred payment of amount exceeding 30 percent

If the total amount of the contribution required under

paragraph (1) of this subsection exceeds 30 percent of the cost

of the project assigned to flood control, the non-Federal

interests may pay the amount of the excess to the Secretary over

a 15-year period (or such shorter period as may be agreed to by

the Secretary and the non-Federal interests) beginning on the

date construction of the project or separable element is

completed, at an interest rate determined pursuant to section

2216 of this title. The preceding sentence does not modify the

requirement of paragraph (1)(A) of this subsection.

(b) Nonstructural flood control projects

(1) In general

The non-Federal share of the cost of nonstructural flood

control measures shall be 35 percent of the cost of such

measures. The non-Federal interests for any such measures shall

be required to provide all lands, easements, rights-of-way,

dredged material disposal areas, and relocations necessary for

the project, but shall not be required to contribute any amount

in cash during construction of the project.

(2) Non-Federal contribution in excess of 35 percent

At any time during construction of a project, if the Secretary

determines that the costs of land, easements, rights-of-way,

dredged material disposal areas, and relocations for the project,

in combination with other costs contributed by the non-Federal

interests, will exceed 35 percent, any additional costs for the

project (not to exceed 65 percent of the total costs of the

project) shall be a Federal responsibility and shall be

contributed during construction as part of the Federal share.

(c) Other purposes

The non-Federal share of the cost assigned to other project

purposes shall be as follows:

(1) hydroelectric power: 100 percent, except that the marketing

of such power and the recovery of costs of constructing,

operating, maintaining, and rehabilitating such projects shall be

in accordance with existing law: Provided, That after November

17, 1986, the Secretary shall not submit to Congress any proposal

for the authorization of any water resources project that has a

hydroelectric power component unless such proposal contains the

comments of the appropriate Power Marketing Administrator

designated pursuant to section 7152 of title 42 concerning the

appropriate Power Marketing Administration's ability to market

the hydroelectric power expected to be generated and not required

in the operation of the project under the applicable Federal

power marketing law, so that, 100 percent of operation,

maintenance and replacement costs, 100 percent of the capital

investment allocated to the purpose of hydroelectric power (with

interest at rates established pursuant to or prescribed by

applicable law), and any other costs assigned in accordance with

law for return from power revenues can be returned within the

period set for the return of such costs by or pursuant to such

applicable Federal power marketing law;

(2) municipal and industrial water supply: 100 percent;

(3) agricultural water supply: 35 percent;

(4) recreation, including recreational navigation: 50 percent

of separable costs and, in the case of any harbor or inland

harbor or channel project, 50 percent of joint and separable

costs allocated to recreational navigation;

(5) hurricane and storm damage reduction: 35 percent;

(6) aquatic plant control: 50 percent of control operations;

and

(7) environmental protection and restoration: 35 percent;

except that nothing in this paragraph shall affect or limit the

applicability of section 2283 of this title.

(d) Certain other costs assigned to project purposes

(1) Construction

Costs of constructing projects or measures for beach erosion

control and water quality enhancement shall be assigned to

appropriate project purposes listed in subsections (a), (b), and

(c) of this section and shall be shared in the same percentage as

the purposes to which the costs are assigned, except that all

costs assigned to benefits to privately owned shores (where use

of such shores is limited to private interests) or to prevention

of losses of private lands shall be borne by non-Federal

interests and all costs assigned to the protection of federally

owned shores shall be borne by the United States.

(2) Periodic nourishment

(A) In general

In the case of a project authorized for construction after

December 31, 1999, except for a project for which a District

Engineer's Report is completed by that date, the non-Federal

cost of the periodic nourishment of the project, or any measure

for shore protection or beach erosion control for the project,

that is carried out -

(i) after January 1, 2001, shall be 40 percent;

(ii) after January 1, 2002, shall be 45 percent; and

(iii) after January 1, 2003, shall be 50 percent.

(B) Benefits to privately owned shores

All costs assigned to benefits of periodic nourishment

projects or measures to privately owned shores (where use of

such shores is limited to private interests) or to prevention

of losses of private land shall be borne by the non-Federal

interest.

(C) Benefits to federally owned shores

All costs assigned to the protection of federally owned

shores for periodic nourishment measures shall be borne by the

United States.

(e) Applicability

(1) In general

This section applies to any project (including any small

project which is not specifically authorized by Congress and for

which the Secretary has not approved funding before November 17,

1986), or separable element thereof, on which physical

construction is initiated after April 30, 1986, as determined by

the Secretary, except as provided in paragraph (2). For the

purpose of the preceding sentence, physical construction shall be

considered to be initiated on the date of the award of a

construction contract.

(2) Exceptions

This section shall not apply to the Yazoo Basin, Mississippi,

Demonstration Erosion Control Program, authorized by Public Law

98-8, or to the Harlan, Kentucky, or Barbourville, Kentucky,

elements of the project authorized by section 202 of Public Law

96-367.

(f) "Separable element" defined

For purposes of this Act, the term "separable element" means a

portion of a project -

(1) which is physically separable from other portions of the

project; and

(2) which -

(A) achieves hydrologic effects, or

(B) produces physical or economic benefits,

which are separately identifiable from those produced by other

portions of the project.

(g) Deferral of payment

(1) With respect to the projects listed in paragraph (2), no

amount of the non-Federal share required under this section shall

be required to be paid during the three-year period beginning on

November 17, 1986.

(2) The projects referred to in paragraph (1) are the following:

(A) Boeuf and Tensas Rivers, Tensas Basin, Louisiana and

Arkansas, authorized by the Flood Control Act of 1946;

(B) Eight Mile Creek, Arkansas, authorized by Public Law 99-88;

and

(C) Rocky Bayou Area, Yazoo Backwater Area, Yazoo Basin,

Mississippi, authorized by the Flood Control Act approved August

18, 1941.

(h) Assigned joint and separable costs

The share of the costs specified under this section for each

project purpose shall apply to the joint and separable costs of

construction of each project assigned to that purpose, except as

otherwise specified in this Act.

(i) Lands, easements, rights-of-way, dredged material disposal

areas, and relocations

Except as provided under section 2283(c) of this title, the

non-Federal interests for a project to which this section applies

shall provide all lands, easements, rights-of-way, and dredged

material disposal areas required for the project and perform all

necessary relocations, except to the extent limited by any

provision of this section. The value of any contribution under the

preceding sentence shall be included in the non-Federal share of

the project specified in this section.

(j) Agreement

(1) Requirement for agreement

Any project to which this section applies (other than a project

for hydroelectric power) shall be initiated only after

non-Federal interests have entered into binding agreements with

the Secretary to pay 100 percent of the operation, maintenance,

and replacement and rehabilitation costs of the project, to pay

the non-Federal share of the costs of construction required by

this section, and to hold and save the United States free from

damages due to the construction or operation and maintenance of

the project, except for damages due to the fault or negligence of

the United States or its contractors.

(2) Elements of agreement

The agreement required pursuant to paragraph (1) shall be in

accordance with the requirements of section 1962d-5b of title 42

and shall provide for the rights and duties of the United States

and the non-Federal interest with respect to the construction,

operation, and maintenance of the project, including, but not

limited to, provisions specifying that, in the event the

non-Federal interest fails to provide the required non-Federal

share of costs for such work, the Secretary -

(A) shall terminate or suspend work on the project unless the

Secretary determines that continuation of the work is in the

interest of the United States or is necessary in order to

satisfy agreements with other non-Federal interests in

connection with the project; and

(B) may terminate or adjust the rights and privileges of the

non-Federal interest to project outputs under the terms of the

agreement.

(k) Payment options

Except as otherwise provided in this section, the Secretary may

permit the full non-Federal contribution to be made without

interest during construction of the project or separable element,

or with interest at a rate determined pursuant to section 2216 of

this title over a period of not more than thirty years from the

date of completion of the project or separable element. Repayment

contracts shall provide for recalculation of the interest rate at

five-year intervals.

(g742l) Delay of initial payment

At the request of any non-Federal interest the Secretary may

permit such non-Federal interest to delay the initial payment of

any non-Federal contribution under this section or section 2211 of

this title for up to one year after the date when construction is

begun on the project for which such contribution is to be made. Any

such delay in initial payment shall be subject to interest charges

for up to six months at a rate determined pursuant to section 2216

of this title.

(m) Ability to pay

(1) In general

Any cost-sharing agreement under this section for a feasibility

study, or for construction of an environmental protection and

restoration project, a flood control project, a project for

navigation, storm damage protection, shoreline erosion, hurricane

protection, or recreation, or an agricultural water supply

project, shall be subject to the ability of the non-Federal

interest to pay.

(2) Criteria and procedures

The ability of a non-Federal interest to pay shall be

determined by the Secretary in accordance with criteria and

procedures in effect under paragraph (3) on the day before

December 11, 2000; except that such criteria and procedures shall

be revised, and new criteria and procedures shall be developed,

not later than 180 days after December 11, 2000, to reflect the

requirements of such paragraph (3).

(3) Revision of criteria and procedures

In revising criteria and procedures pursuant to paragraph (2),

the Secretary -

(A) shall consider -

(i) per capita income data for the county or counties in

which the project is to be located; and

(ii) the per capita non-Federal cost of construction of the

project for the county or counties in which the project is to

be located; and

(B) may consider additional criteria relating to the

non-Federal interest's financial ability to carry out its

cost-sharing responsibilities, to the extent that the

application of such criteria does not eliminate areas from

eligibility for a reduction in the non-Federal share as

determined under subparagraph (A).

(4) Non-Federal share

Notwithstanding subsection (a) of this section, the Secretary

may reduce the requirement that a non-Federal interest make a

cash contribution for any project that is determined to be

eligible for a reduction in the non-Federal share under criteria

and procedures in effect under paragraphs (1), (2), and (3).

-SOURCE-

(Pub. L. 99-662, title I, Sec. 103, Nov. 17, 1986, 100 Stat. 4084;

Pub. L. 101-640, title III, Sec. 305(a), Nov. 28, 1990, 104 Stat.

4635; Pub. L. 102-580, title II, Sec. 201(a), title III, Sec.

333(b)(2), Oct. 31, 1992, 106 Stat. 4825, 4852; Pub. L. 104-303,

title II, Secs. 202(a)(1)(A), (2), (b)(1), 210(a), Oct. 12, 1996,

110 Stat. 3673, 3681; Pub. L. 106-53, title II, Secs. 215(a),

219(c), Aug. 17, 1999, 113 Stat. 292, 295; Pub. L. 106-109, Sec. 5,

Nov. 24, 1999, 113 Stat. 1495; Pub. L. 106-541, title II, Sec. 204,

Dec. 11, 2000, 114 Stat. 2589.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 98-8, referred to in subsec. (e)(2), is Pub. L. 98-8,

Mar. 24, 1983, 97 Stat. 13. For complete classification of this Act

to the Code, see Tables.

Section 202 of Public Law 96-367, referred to in subsec. (e)(2),

is section 202 of Pub. L. 96-367, title II, Oct. 1, 1980, 94 Stat.

1339, which is not classified to the Code.

This Act, referred to in subsecs. (f) and (h), 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.

The Flood Control Act of 1946, referred to in subsec. (g)(2)(A),

is act July 24, 1946, ch. 596, 60 Stat. 641, as amended. For

complete classification of this Act to the Code, see Tables.

Public Law 99-88, referred to in subsec. (g)(2)(B), is Pub. L.

99-88, Aug. 15, 1985, 99 Stat. 293, known as the Supplemental

Appropriations Act, 1985. Provisions of Pub. L. 99-88 authorizing

the project for Eight Mile Creek, Arkansas, are not classified to

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

Tables.

The Flood Control Act approved August 18, 1941, referred to in

subsec. (g)(2)(C), is act Aug. 18, 1941, ch. 377, 55 Stat. 638. For

complete classification of this Act to the Code, see Tables.

-MISC1-

AMENDMENTS

2000 - Subsec. (m)(1), (2). Pub. L. 106-541, Sec. 204(1), added

pars. (1) and (2) and struck out former pars. (1) and (2) which

required any cost-sharing agreement to be subject to the ability of

a non-Federal interest to pay and required the Secretary to

determine ability to pay using certain criteria and procedures.

Subsec. (m)(3)(B), (C). Pub. L. 106-541, Sec. 204(2),

redesignated subpar. (C) as (B) and struck out former subpar. (B)

which read as follows: "shall not consider criteria (other than

criteria described in subparagraph (A)) in effect on the day before

October 12, 1996; and".

1999 - Subsec. (b). Pub. L. 106-53, Sec. 219(c)(1), which

directed insertion of the par. (1) designation and heading before

"The non-Federal", was executed by making the insertion before that

phrase the first place it appeared to reflect the probable intent

of Congress.

Subsec. (b)(2). Pub. L. 106-53, Sec. 219(c)(2), added par. (2).

Subsec. (d). Pub. L. 106-53, Sec. 215(a), designated existing

provisions as par. (1), inserted heading, and added par. (2).

Subsec. (d)(2)(A). Pub. L. 106-109 substituted "except for a

project for which a District Engineer's Report is completed by that

date," for "or for which a feasibility study is completed after

that date,".

1996 - Subsecs. (a)(2), (b). Pub. L. 104-303, Sec. 202(a)(1)(A),

substituted "35 percent" for "25 percent" wherever appearing.

Subsec. (c)(7). Pub. L. 104-303, Sec. 210(a), added par. (7).

Subsec. (e)(1). Pub. L. 104-303, Sec. 202(a)(2), inserted at end

"For the purpose of the preceding sentence, physical construction

shall be considered to be initiated on the date of the award of a

construction contract."

Subsec. (m). Pub. L. 104-303, Sec. 202(b)(1), reenacted heading

without change and amended text generally. Prior to amendment, text

read as follows: "Any cost-sharing agreement under this section for

flood control or agricultural water supply shall be subject to the

ability of a non-Federal interest to pay. The ability of any

non-Federal interest to pay shall be determined by the Secretary in

accordance with procedures established by the Secretary."

1992 - Subsec. (i). Pub. L. 102-580, Sec. 333(b)(2), substituted

"Except as provided under section 2283(c) of this title, the

non-Federal" for "The non-Federal".

Subsec. (m). Pub. L. 102-580, Sec. 201(a), amended subsec. (m)

generally. Prior to amendment, subsec. (m) read as follows:

"(1) General rule. - Any cost-sharing agreement under this

section for flood control or agricultural water supply shall be

subject to the ability of a non-Federal interest to pay.

"(2) Procedures. -

"(A) In general. - The ability of any non-Federal interest to

pay shall be determined by the Secretary in accordance with

procedures established by the Secretary.

"(B) Limitations. - The procedures established pursuant to this

subsection shall provide for a reduction in any non-Federal cash

contribution required under subsection (a)(2) of this section. In

addition, such procedures shall provide for determination of the

eligibility of the non-Federal interest for a reduction in the

required cash contribution on the basis of local, not statewide,

economic and financial data.

"(C) Regulations. - Not later than 1 year after November 28,

1990, the Secretary shall issue regulations establishing the

procedures required by this paragraph."

1990 - Subsec. (m). Pub. L. 101-640 amended subsec. (m)

generally. Prior to amendment, subsec. (m) read as follows: "Any

cost-sharing agreement under this section for flood control or

agricultural water supply shall be subject to the ability of a

non-Federal interest to pay. The ability of any non-Federal

interest to pay shall be determined by the Secretary in accordance

with procedures established by the Secretary."

EFFECTIVE DATE OF 1996 AMENDMENT

Section 202(a)(1)(B) of Pub. L. 104-303 provided that: "The

amendments made by subparagraph (A) [amending this section] shall

apply to any project authorized after the date of the enactment of

this Act [Oct. 12, 1996] and to any flood control project that is

not specifically authorized by Congress for which a Detailed

Project Report is approved after such date of enactment or, in the

case of a project for which no Detailed Project Report is prepared,

construction is initiated after such date of enactment."

Section 202(b)(2) of Pub. L. 104-303 provided that:

"(A) Generally. - Subject to subparagraph (C), the amendment made

by paragraph (1) [amending this section] shall apply to any

project, or separable element thereof, with respect to which the

Secretary and the non-Federal interest enter into a project

cooperation agreement after December 31, 1997.

"(B) Amendment of cooperation agreement. - If requested by the

non-Federal interest, the Secretary shall amend a project

cooperation agreement executed on or before the date of the

enactment of this Act [Oct. 12, 1996] to reflect the application of

the amendment made by paragraph (1) to any project for which a

contract for construction has not been awarded on or before such

date of enactment.

"(C) Non-federal option. - If requested by the non-Federal

interest, the Secretary shall apply the criteria and procedures

established pursuant to section 103(m) of the Water Resources

Development Act of 1986 [subsec. (m) of this section] as in effect

on the day before the date of the enactment of this Act for

projects that are authorized before the date of the enactment of

this Act."

Section 210(b) of Pub. L. 104-303 provided that: "The amendments

made by subsection (a) [amending this section] apply only to

projects authorized after the date of the enactment of this Act

[Oct. 12, 1996]."

CONTINUATION OF EXISTING REGULATIONS

Section 305(b) of Pub. L. 101-640 provided that: "Regulations

issued to carry out section 103(m) of the Water Resources

Development Act of 1986 [33 U.S.C. 2213(m)] before the date of the

enactment of this Act [Nov. 28, 1990] and in effect on such date

shall continue in effect until regulations are issued pursuant to

paragraph (2)(C) of such section, as added by subsection (a) of

this section."

REPORTS TO CONGRESS

Pub. L. 100-71, title I, July 11, 1987, 101 Stat. 401, provided

that: "The Secretary of the Army shall file a report with the

appropriate committees of the House of Representatives and the

Senate within ninety days after a written request is made pursuant

to the provisions of subsection (m) of section 103 of Public Law

99-662 [33 U.S.C. 2213(m)] indicating the action taken on the

request. In addition, the Secretary of the Army shall file a report

with the appropriate committees of the House of Representatives and

the Senate within ninety days after enactment of this Act [July 11,

1987] listing any project or study falling under the provisions of

subsection (e)(1) of section 103 of Public Law 99-662."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 426h-1, 2214, 2215, 2307,

2326a, 2332 of this title.

-End-

-CITE-

33 USC Sec. 2214 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER I - COST SHARING

-HEAD-

Sec. 2214. General credit for flood control

-STATUTE-

(a) Guidelines

Within one year after November 17, 1986, the Secretary shall

issue guidelines to carry out this section, consistent with the

principles and guidelines on project formulation. The guidelines

shall include criteria for determining whether work carried out by

non-Federal interests is compatible with a project for flood

control and procedures for making such determinations. The

guidelines under this section shall be promulgated after notice in

the Federal Register and opportunity for comment.

(b) Analysis of costs and benefits

The guidelines established under subsection (a) of this section

shall provide for the Secretary to consider, in analyzing the costs

and benefits of a proposed project for flood control, the costs and

benefits produced by any flood control work carried out by

non-Federal interests that the Secretary determines to be

compatible with the project. For purposes of the preceding sentence

the Secretary may consider only work carried out after the date

which is 5 years before the first obligation of funds for the

reconnaissance study for such project. In no case may work which

was carried out more than 5 years before November 17, 1986, be

considered under this subsection, unless otherwise provided in this

Act.

(c) Crediting of non-Federal share

The guidelines established under subsection (a) of this section

shall provide for crediting the cost of work carried out by the

non-Federal interests against the non-Federal share of the cost of

an authorized project for flood control as follows:

(1) Work which is carried out after the end of the

reconnaissance study and before the submission to Congress of the

final report of the Chief of Engineers on the project and which

is determined by the Secretary to be compatible with the project

shall be included as part of the project and shall be recommended

by the Secretary in the final report for credit against the

non-Federal share of the cost of the project.

(2) Work which is carried out after submission of the final

report of the Chief of Engineers to Congress and which is

determined by the Secretary to be compatible with the project

shall be considered as part of the project and shall be credited

by the Secretary against the non-Federal share of the cost of the

project in accordance with the guidelines promulgated pursuant to

subsection (a) of this section.

In no event may work which was carried out more than 5 years before

November 17, 1986, be considered under this subsection, unless

otherwise provided in this Act.

(d) Procedure for work done before November 17, 1986

The Secretary shall consider, under subsections (b) and (c) of

this section, work carried out before November 17, 1986, by

non-Federal interests on a project for flood control, if the

non-Federal interests apply to the Secretary for consideration of

such work not later than March 31, 1987. The Secretary shall make

determinations under subsections (b) and (c) of this section with

respect to such work not later than 6 months after guidelines are

issued under subsection (a) of this section.

(e) Procedure for work done after November 17, 1986

The Secretary shall consider work carried out after November 17,

1986, by non-Federal interests on a project for flood control under

subsections (b) and (c) of this section in accordance with the

guidelines issued under subsection (a) of this section. The

guidelines shall require prior approval by the Secretary of any

flood control work carried out after November 17, 1986, in order to

be considered under this section, taking into account the economic

and environmental feasibility of the project.

(f) Limitation not applicable

Any flood control work included as part of the non-Federal share

of the cost of a project under this section shall not be subject to

the limitation contained in the last sentence of section

1962d-5a(a) of title 42.

(g) Cash contribution not affected

Nothing in this section affects the requirement of section

2213(a)(1)(A) of this title.

-SOURCE-

(Pub. L. 99-662, title I, Sec. 104, Nov. 17, 1986, 100 Stat. 4087.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsecs. (b) and (c), 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.

-End-

-CITE-

33 USC Sec. 2215 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER I - COST SHARING

-HEAD-

Sec. 2215. Feasibility studies; planning, engineering, and design

-STATUTE-

(a) Feasibility studies

(1) Cost sharing

(A) In general

The Secretary shall not initiate any feasibility study for a

water resources project after November 17, 1986, until

appropriate non-Federal interests agree, by contract, to

contribute 50 percent of the cost of the study.

(B) Payment of cost share during period of study

During the period of the study, the non-Federal share of the

cost of the study payable under subparagraph (A) shall be 50

percent of the sum of -

(i) the cost estimate for the study as contained in the

feasibility cost-sharing agreement; and

(ii) any excess of the cost of the study over the cost

estimate if the excess results from -

(I) a change in Federal law; or

(II) a change in the scope of the study requested by the

non-Federal interests.

(C) Payment of cost share on authorization of project or

termination of study

(i) Project timely authorized

Except as otherwise agreed to by the Secretary and the

non-Federal interests and subject to clause (ii), the

non-Federal share of any excess of the cost of the study over

the cost estimate (excluding any excess cost described in

subparagraph (B)(ii)) shall be payable on the date on which

the Secretary and the non-Federal interests enter into an

agreement pursuant to section 2211(e) or 2213(j) of this

title with respect to the project.

(ii) Project not timely authorized

If the project that is the subject of the study is not

authorized by the date that is 5 years after the completion

of the final report of the Chief of Engineers concerning the

study or the date that is 2 years after the termination of

the study, the non-Federal share of any excess of the cost of

the study over the cost estimate (excluding any excess cost

described in subparagraph (B)(ii)) shall be payable to the

United States on that date.

(D) Amendment of cost estimate

The cost estimate referred to in subparagraph (B)(i) may be

amended only by agreement of the Secretary and the non-Federal

interests.

(E) In-kind contributions

The non-Federal share required under this paragraph may be

satisfied by the provision of services, materials, supplies, or

other in-kind services necessary to prepare the feasibility

report.

(2) Applicability

This subsection shall not apply to any water resources study

primarily designed for the purposes of navigational improvements

in the nature of dams, locks, and channels on the Nation's system

of inland waterways.

(b) Planning and engineering

The Secretary shall not initiate any planning or engineering

authorized by this Act for a water resources project until

appropriate non-Federal interests agree, by contract, to contribute

50 percent of the cost of the planning and engineering during the

period of the planning and engineering. Costs of planning and

engineering of projects for which non-Federal interests contributed

50 percent of the cost of the feasibility study shall be treated as

costs of construction.

(c) Design

Costs of design of a water resources project shall be shared in

the same percentage as the purposes of such project.

-SOURCE-

(Pub. L. 99-662, title I, Sec. 105, Nov. 17, 1986, 100 Stat. 4088;

Pub. L. 101-640, title III, Sec. 301, Nov. 28, 1990, 104 Stat.

4633; Pub. L. 104-303, title II, Sec. 203(a), Oct. 12, 1996, 110

Stat. 3677; Pub. L. 106-541, title II, Sec. 225, Dec. 11, 2000, 114

Stat. 2598.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (b), 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.

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(1)(E). Pub. L. 106-541 substituted "The" for

"Not more than 1/2 of the".

1996 - Subsec. (a)(1). Pub. L. 104-303, Sec. 203(a)(1), inserted

heading and amended text of par. (1) generally. Prior to amendment

text read as follows: "The Secretary shall not initiate any

feasibility study for a water resources project after November 17,

1986, until appropriate non-Federal interests agree, by contract,

to contribute 50 percent of the cost for such study during the

period of such study. Not more than one-half of such non-Federal

contribution may be made by the provision of services, materials,

supplies, or other in-kind services necessary to prepare the

feasibility report."

Subsec. (a)(2). Pub. L. 104-303, Sec. 203(a)(2), inserted

heading.

1990 - Subsec. (b). Pub. L. 101-640 inserted at end "Costs of

planning and engineering of projects for which non-Federal

interests contributed 50 percent of the cost of the feasibility

study shall be treated as costs of construction."

EFFECTIVE DATE OF 1996 AMENDMENT

Section 203(b) of Pub. L. 104-303 provided that: "The amendments

made by subsection (a) [amending this section] shall apply

notwithstanding any feasibility cost-sharing agreement entered into

by the Secretary and the non-Federal interests. On request of the

non-Federal interest, the Secretary shall amend any feasibility

cost-sharing agreements in effect on the date of the enactment of

this Act [Oct. 12, 1996] so as to conform the agreements with the

amendments."

NO REQUIREMENT OF REIMBURSEMENT

Section 203(c) of Pub. L. 104-303 provided that: "Nothing in this

section [amending this section and enacting provisions set out

above] or any amendment made by this section requires the Secretary

to reimburse the non-Federal interests for funds previously

contributed for a study."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2282, 2332 of this title.

-End-

-CITE-

33 USC Sec. 2216 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER I - COST SHARING

-HEAD-

Sec. 2216. Rate of interest

-STATUTE-

Whenever a non-Federal interest is required or elects to repay an

amount under this Act over a period of time, the amount to be

repaid shall include interest at a rate determined by the Secretary

of the Treasury, taking into consideration the average market

yields on outstanding marketable obligations of the United States

with remaining periods to maturity comparable to the reimbursement

period, during the month preceding the fiscal year in which costs

for the construction of the project are first incurred (or in the

case of recalculation the fiscal year in which the recalculation is

made), plus a premium of one-eighth of one percentage point for

transaction costs; except that such rates for hydroelectric power

shall be in accordance with existing law.

-SOURCE-

(Pub. L. 99-662, title I, Sec. 106, Nov. 17, 1986, 100 Stat. 4089.)

-REFTEXT-

REFERENCES IN 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2211, 2213 of this title.

-End-

-CITE-

33 USC Sec. 2217 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER I - COST SHARING

-HEAD-

Sec. 2217. Limitation on applicability of certain provisions in

reports

-STATUTE-

If any provision in any report designated by this Act recommends

that a State contribute in cash 5 percent of the construction costs

allocated to non-vendible project purposes and 10 percent of the

construction costs allocated to vendible project purposes, such

provision shall not apply to the project recommended in such

report.

-SOURCE-

(Pub. L. 99-662, title I, Sec. 107, Nov. 17, 1986, 100 Stat. 4089.)

-REFTEXT-

REFERENCES IN 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.

-End-

-CITE-

33 USC Sec. 2218 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER I - COST SHARING

-HEAD-

Sec. 2218. General applicability of cost sharing

-STATUTE-

Unless otherwise specified, the cost sharing provisions of this

subchapter shall apply to all projects in this Act. The Federal

share of any cost of a project authorized by this Act for which

cost a Federal share is not established in this subchapter, shall

be the share of such cost otherwise provided by law.

-SOURCE-

(Pub. L. 99-662, title I, Sec. 108, Nov. 17, 1986, 100 Stat. 4089.)

-REFTEXT-

REFERENCES IN 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.

-End-

-CITE-

33 USC Sec. 2219 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER I - COST SHARING

-HEAD-

Sec. 2219. Definitions

-STATUTE-

For purposes of this subchapter, terms shall have the meanings

given by section 2241 of this title.

-SOURCE-

(Pub. L. 99-662, title I, Sec. 109, Nov. 17, 1986, 100 Stat. 4089.)

-End-

-CITE-

33 USC Sec. 2220 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER I - COST SHARING

-HEAD-

Sec. 2220. Rivers and harbors and other waterways projects for

benefit of navigation, flood control, hurricane protection, beach

erosion control, and other purposes

-STATUTE-

(a) Congressional declaration of policy; purchase of indebtedness

and loans to local interests to meet contribution requirements

In the prosecution of projects for rivers and harbors and other

waterways for the benefit of navigation, the control of destructive

flood waters, hurricane protection, beach erosion control, and for

other purposes, authorized to be prosecuted under the direction of

the Secretary of the Army under the supervision of the Chief of

Engineers in accordance with plans adopted and authorized by the

Congress, it is hereby declared to be the policy of the Congress,

that whenever such projects are located wholly or partially within

an area which is eligible for financial assistance under the Public

Works and Economic Development Act of 1965 [42 U.S.C. 3121 et

seq.], the Secretary of Commerce is authorized to purchase

evidences of indebtedness and to make loans for a period not

exceeding fifty years to enable responsible local interests to meet

the requirements of local cooperation pertaining to contributions

toward the cost of construction of such projects within such areas.

(b) Authorization of appropriations

There is hereby authorized to be appropriated to carry out this

section, not to exceed $10,000,000 per fiscal year for the fiscal

year ending June 30, 1966, and for each fiscal year thereafter

through and including the fiscal year ending June 30, 1970.

-SOURCE-

(Pub. L. 89-298, title II, Sec. 217, Oct. 27, 1965, 79 Stat. 1088.)

-REFTEXT-

REFERENCES IN TEXT

The Public Works and Economic Development Act of 1965, referred

to in subsec. (a), is Pub. L. 89-136, Aug. 26, 1965, 79 Stat. 552,

as amended, which is classified generally to chapter 38 (Sec. 3121

et seq.) of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 3121 of Title 42 and Tables.

-COD-

CODIFICATION

Section was formerly classified to section 3142a of Title 42, The

Public Health and Welfare.

Section was not enacted as part of the Water Resources

Development Act of 1986 which comprises this chapter.

-End-

-CITE-

33 USC SUBCHAPTER II - HARBOR DEVELOPMENT 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER II - HARBOR DEVELOPMENT

-HEAD-

SUBCHAPTER II - HARBOR DEVELOPMENT

-End-

-CITE-

33 USC Sec. 2231 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER II - HARBOR DEVELOPMENT

-HEAD-

Sec. 2231. Studies of projects by non-Federal interests

-STATUTE-

(a) Submission to Secretary

A non-Federal interest may on its own undertake a feasibility

study of a proposed harbor or inland harbor project and submit it

to the Secretary. To assist non-Federal interests, the Secretary

shall, as soon as practicable, promulgate guidelines for studies of

harbors or inland harbors to provide sufficient information for the

formulation of studies.

(b) Review by Secretary

The Secretary shall review each study submitted under subsection

(a) of this section for the purpose of determining whether or not

such study and the process under which such study was developed

comply with Federal laws and regulations applicable to feasibility

studies of navigation projects for harbors or inland harbors.

(c) Submission to Congress

Not later than 180 days after receiving any study submitted under

subsection (a) of this section, the Secretary shall transmit to the

Congress, in writing, the results of such review and any

recommendations the Secretary may have concerning the project

described in such plan and design.

(d) Credit and reimbursement

If a project for which a study has been submitted under

subsection (a) of this section is authorized by any provision of

Federal law enacted after the date of such submission, the

Secretary shall credit toward the non-Federal share of the cost of

construction of such project an amount equal to the portion of the

cost of developing such study that would be the responsibility of

the United States if such study were developed by the Secretary.

-SOURCE-

(Pub. L. 99-662, title II, Sec. 203, Nov. 17, 1986, 100 Stat.

4098.)

-MISC1-

SHORT TITLE

For short title of title II of Pub. L. 99-662, enacting this

subchapter, as the Harbor Development and Navigation Improvement

Act of 1986, see section 215 of Pub. L. 99-662, set out as a note

under section 2201 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2234 of this title.

-End-

-CITE-

33 USC Sec. 2232 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER II - HARBOR DEVELOPMENT

-HEAD-

Sec. 2232. Construction of projects by non-Federal interests

-STATUTE-

(a) Authority

In addition to projects undertaken pursuant to sections 201 and

202 of this title, any non-Federal interest is authorized to

undertake navigational improvements in harbors or inland harbors of

the United States, subject to obtaining any permits required

pursuant to Federal and State laws in advance of the actual

construction of such improvements.

(b) Studies and engineering

When requested by an appropriate non-Federal interest the

Secretary is authorized to undertake all necessary studies and

engineering for any construction to be undertaken under the terms

of subsection (a) of this section, and provide technical assistance

in obtaining all necessary permits, if the non-Federal interest

contracts with the Secretary to furnish the United States funds for

such studies and engineering during the period that they are

conducted.

(c) Completion of studies

The Secretary is authorized to complete and transmit to the

appropriate non-Federal interest any study for improvements to

harbors or inland harbors of the United States which were initiated

prior to November 17, 1986, or, upon the request of such

non-Federal interest, to terminate such study and transmit such

partially completed study to the non-Federal interest. The

Secretary is further authorized to complete and transmit to the

appropriate non-Federal interest any study for improvement to

harbors or inland harbors of the United States that is initiated

pursuant to section 577 of this title or, upon request of such

non-Federal interest, to terminate such study and transmit such

partially completed study to the non-Federal interest. Studies

under this subsection shall be completed without regard to the

requirements of subsection (b) of this section.

(d) Authority to carry out improvement

Any non-Federal interest which has requested and received from

the Secretary pursuant to subsection (b) or (c) of this section,

the completed study and engineering for an improvement to a harbor

or an inland harbor, or separable element thereof, for the purpose

of constructing such improvement and for which improvement a final

environmental impact statement has been filed, shall be authorized

to carry out the terms of the plan for such improvement. Any plan

of improvement proposed to be implemented in accordance with this

subsection shall be deemed to satisfy the requirements for

obtaining the appropriate permits required under the Secretary's

authority and such permits shall be granted subject to the

non-Federal interest's acceptance of the terms and conditions of

such permits: Provided, That the Secretary determines that the

applicable regulatory criteria and procedures have been satisfied.

The Secretary shall monitor any project for which permits are

granted under this subsection in order to ensure that such project

is constructed (and, in those cases where such activities will not

be the responsibility of the Secretary, operated and maintained) in

accordance with the terms and conditions of such permits.

(e) Reimbursement

(1) General rule

Subject to the enactment of appropriation Acts, the Secretary

is authorized to reimburse any non-Federal interest an amount

equal to the estimate of Federal share, without interest, of the

cost of any authorized harbor or inland harbor improvement, or

separable element thereof, including any small navigation project

approved pursuant to section 577 of this title, constructed under

the terms of this section if -

(A) after authorization of the project (or, in the case of a

small navigation project, after completion of a favorable

project report by the Corps of Engineers) and before initiation

of construction of the project or separable element -

(i) the Secretary approves the plans of construction of

such project by such non-Federal interest, and

(ii) such non-Federal interest enters into an agreement to

pay the non-Federal share, if any, of the cost of operation

and maintenance of such project; and

(B) the Secretary finds before approval of the plans of

construction of the project that the project, or separable

element, is economically justified and environmentally

acceptable.

(2) Matters to be considered in reviewing plans

In reviewing such plans, the Secretary shall consider budgetary

and programmatic priorities, potential impacts on the cost of

dredging projects nationwide, and other factors that the

Secretary deems appropriate.

(3) Monitoring

The Secretary shall regularly monitor and audit any project for

a harbor or inland harbor constructed under this subsection by a

non-Federal interest in order to ensure that such construction is

in compliance with the plans approved by the Secretary, and that

costs are reasonable. No reimbursement shall be made unless and

until the Secretary has certified that the work for which

reimbursement is requested has been performed in accordance with

applicable permits and the approved plans.

(f) Operation and maintenance

Whenever a non-Federal interest constructs improvements to any

harbor or inland harbor, the Secretary shall be responsible for

maintenance in accordance with section 2211(b) of this title if -

(1) the Secretary determines, before construction, that the

improvements, or separable elements thereof, are economically

justified, environmentally acceptable, and consistent with the

purposes of this subchapter;

(2) the Secretary certifies that the project is constructed in

accordance with applicable permits and the appropriate

engineering and design standards; and

(3) the Secretary does not find that the project, or separable

element thereof, is no longer economically justified or

environmentally acceptable.

(g) Demonstration of non-Federal interests acting as agent of

Secretary

For the purpose of demonstrating the potential advantages and

efficiencies of non-Federal management of projects, the Secretary

may approve as many as two proposals pursuant to which the

non-Federal interests will undertake part or all of a harbor

project authorized by Congress as the agent of the Secretary by

utilizing its own personnel or by procuring outside services, so

long as the cost of doing so will not exceed the cost of the

Secretary undertaking the project.

-SOURCE-

(Pub. L. 99-662, title II, Sec. 204, Nov. 17, 1986, 100 Stat. 4099;

Pub. L. 101-640, title III, Sec. 303, Nov. 28, 1990, 104 Stat.

4634.)

-REFTEXT-

REFERENCES IN TEXT

Sections 201 and 202 of this title, referred to in subsec. (a),

are sections 201 and 202 of title II of Pub. L. 99-662, Nov. 17,

1986, 100 Stat. 4089, 4091, which are not classified to the Code.

This subchapter, referred to in subsec. (f)(1), was in the

original "this title" which, in addition to this subchapter,

consisted of sections 201 and 202 of Pub. L. 99-662, which are not

classified to the Code.

-MISC1-

AMENDMENTS

1990 - Subsec. (c). Pub. L. 101-640, Sec. 303(a), inserted after

first sentence "The Secretary is further authorized to complete and

transmit to the appropriate non-Federal interest any study for

improvement to harbors or inland harbors of the United States that

is initiated pursuant to section 577 of this title or, upon request

of such non-Federal interest, to terminate such study and transmit

such partially completed study to the non-Federal interest."

Subsec. (e). Pub. L. 101-640, Sec. 303(b)(1), redesignated

subsec. (e), relating to operation and maintenance, as (f).

Subsec. (e)(1). Pub. L. 101-640, Sec. 303(b)(2), (3), in

introductory provisions inserted "including any small navigation

project approved pursuant to section 577 of this title," after "or

separable element thereof," and in subpar. (A) inserted "(or, in

the case of a small navigation project, after completion of a

favorable project report by the Corps of Engineers)" after

"authorization of the project".

Subsec. (f). Pub. L. 101-640, Sec. 303(b)(1), redesignated

subsec. (e), relating to operation and maintenance, as (f). Former

subsec. (f) redesignated (g).

Subsec. (g). Pub. L. 101-640, Sec. 303(b)(1), redesignated

subsec. (f) as (g).

DEMONSTRATION OF CONSTRUCTION OF FEDERAL PROJECT BY NON-FEDERAL

INTERESTS

Section 404 of Pub. L. 101-640 provided that:

"(a) In General. - For purposes of demonstrating the safety

benefits and economic efficiencies which would accrue as a

consequence of non-Federal management of harbor improvement

projects, the Secretary shall enter into agreements with 2

non-Federal interests pursuant to which the non-Federal interests

will undertake part or all of a harbor project authorized by law,

by utilizing their own personnel or by procuring outside services,

if the cost of doing so will not exceed the cost of the Secretary

undertaking the project. If proposals for such agreements meet the

criteria of section 204 of the Water Resources Development Act of

1986 [33 U.S.C. 2232], the agreements shall be entered into not

later than 1 year after the date of the enactment of this Act [Nov.

28, 1990].

"(b) Limitation. - At least 1 project carried out pursuant to

this section shall pertain to improvements to a major ship channel

which carries a substantial volume of both passenger and cargo

traffic.

"(c) Report. - The Secretary shall transmit to Congress a report

regarding the safety benefits and economic efficiencies accrued

from entering into agreements with non-Federal interests under this

section."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2211, 2233, 2234, 2236 of

this title.

-End-

-CITE-

33 USC Sec. 2233 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER II - HARBOR DEVELOPMENT

-HEAD-

Sec. 2233. Coordination and scheduling of Federal, State, and local

actions

-STATUTE-

(a) Notice of intent

The Secretary, on request from an appropriate non-Federal

interest in the form of a written notice of intent to construct a

navigation project for a harbor or inland harbor under section 2232

of this title or this section, shall initiate procedures to

establish a schedule for consolidating Federal, State, and local

agency environmental assessments, project reviews, and issuance of

all permits for the construction of the project, including

associated access channels, berthing areas, and onshore

port-related facilities, before the initiation of construction. The

non-Federal interest shall submit, with the notice of intent,

studies and documentation, including environmental reviews, that

may be required by Federal law for decisionmaking on the proposed

project. A State shall not be required to participate in carrying

out this section.

(b) Procedural requirements

Within 15 days after receipt of notice under subsection (a) of

this section, the Secretary shall publish such notice in the

Federal Register. The Secretary also shall provide written

notification of the receipt of a notice under subsection (a) of

this section to all State and local agencies that may be required

to issue permits for the construction of the project or related

activities. The Secretary shall solicit the cooperation of those

agencies and request their entry into a memorandum of agreement

described in subsection (c) of this section. Within 30 days after

publication of the notice in the Federal Register, State and local

agencies that intend to enter into the memorandum of agreement

shall notify the Secretary of their intent in writing.

(c) Scheduling agreement

Within 90 days after receipt of notice under subsection (a) of

this section, the Secretary of the Interior, the Secretary of

Commerce, the Administrator of the Environmental Protection Agency,

and any State or local agencies that have notified the Secretary

under subsection (b) of this section shall enter into an agreement

with the Secretary establishing a schedule of decisionmaking for

approval of the project and permits associated with it and with

related activities. Such schedule may not exceed two and one-half

years from the date of the agreement.

(d) Contents of agreement

The agreement entered into under subsection (c) of this section,

to the extent practicable, shall consolidate hearing and comment

periods, procedures for data collection and report preparation, and

the environmental review and permitting processes associated with

the project and related activities. The agreement shall detail, to

the extent possible, the non-Federal interest's responsibilities

for data development and information that may be necessary to

process each permit, including a schedule when the information and

data will be provided to the appropriate Federal, State, or local

agency.

(e) Preliminary decision

The agreement shall include a date by which the Secretary, taking

into consideration the views of all affected Federal agencies,

shall provide to the non-Federal interest in writing a preliminary

determination whether the project and Federal permits associated

with it are reasonably likely to receive approval.

(f) Revision of agreement

The Secretary may revise the agreement once to extend the

schedule to allow the non-Federal interest the minimum amount of

additional time necessary to revise its original application to

meet the objections of a Federal, State, or local agency which is a

party to the agreement.

(g) Progress reports

Six months before the final date of the schedule, the Secretary

shall provide to Congress a written progress report for each

navigation project for a harbor or inland harbor subject to this

section. The Secretary shall transmit the report to the Committee

on Public Works and Transportation of the House of Representatives

and the Committee on Environment and Public Works of the Senate.

The report shall summarize all work completed under the agreement

and shall include a detailed work program that will assure

completion of all remaining work under the agreement.

(h) Final decision

Not later than the final day of the schedule, the Secretary shall

notify the non-Federal interest of the final decision on the

project and whether the permit or permits have been issued.

(i) Report on timesavings methods

Not later than one year after November 17, 1986, the Secretary

shall prepare and transmit to Congress a report estimating the time

required for the issuance of all Federal, State, and local permits

for the construction of navigation projects for harbors or inland

harbors and associated activities. The Secretary shall include in

that report recommendations for further reducing the amount of time

required for the issuance of those permits, including any proposed

changes in existing law.

-SOURCE-

(Pub. L. 99-662, title II, Sec. 205, Nov. 17, 1986, 100 Stat.

4101.)

-CHANGE-

CHANGE OF NAME

Committee on Public Works and Transportation of House of

Representatives treated as referring to Committee on Transportation

and Infrastructure of House of Representatives by section 1(a) of

Pub. L. 104-14, set out as a note preceding section 21 of Title 2,

The Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2234, 2236 of this title.

-End-

-CITE-

33 USC Sec. 2234 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER II - HARBOR DEVELOPMENT

-HEAD-

Sec. 2234. Nonapplicability to Saint Lawrence Seaway

-STATUTE-

Sections 2231, 2232, and 2233 of this title do not apply to any

harbor or inland harbor project for that portion of the Saint

Lawrence Seaway administered by the Saint Lawrence Seaway

Development Corporation.

-SOURCE-

(Pub. L. 99-662, title II, Sec. 206, Nov. 17, 1986, 100 Stat.

4102.)

-End-

-CITE-

33 USC Sec. 2235 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER II - HARBOR DEVELOPMENT

-HEAD-

Sec. 2235. Construction in usable increments

-STATUTE-

Any navigation project for a harbor or inland harbor authorized

by this subchapter or any other provision of law enacted before,

on, or after November 17, 1986, may be constructed in usable

increments.

-SOURCE-

(Pub. L. 99-662, title II, Sec. 207, Nov. 17, 1986, 100 Stat.

4102.)

-End-

-CITE-

33 USC Sec. 2236 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER II - HARBOR DEVELOPMENT

-HEAD-

Sec. 2236. Port or harbor dues

-STATUTE-

(a) Consent of Congress

Subject to the following conditions, a non-Federal interest may

levy port or harbor dues (in the form of tonnage duties or fees) on

a vessel engaged in trade entering or departing from a harbor and

on cargo loaded on or unloaded from that vessel under clauses 2 and

3 of section 10, and under clause 3 of section 8, of Article 1 of

the Constitution:

(1) Purposes

Port or harbor dues may be levied only in conjunction with a

harbor navigation project whose construction is complete

(including a usable increment of the project) and for the

following purposes and in amounts not to exceed those necessary

to carry out those purposes:

(A)(i) to finance the non-Federal share of construction and

operation and maintenance costs of a navigation project for a

harbor under the requirements of section 2211 of this title; or

(ii) to finance the cost of construction and operation and

maintenance of a navigation project for a harbor under section

2232 or 2233 of this title; and

(B) provide emergency response services in the harbor,

including contingency planning, necessary personnel training,

and the procurement of equipment and facilities.

(2) Limitation on port or harbor dues for emergency service

Port or harbor dues may not be levied for the purposes

described in paragraph (1)(B) of this subsection after the dues

cease to be levied for the purposes described in paragraph (1)(A)

of this subsection.

(3) General limitations

(A) Port or harbor dues may not be levied under this section in

conjunction with a deepening feature of a navigation improvement

project on any vessel if that vessel, based on its design draft,

could have utilized the project at mean low water before

construction. In the case of project features which solely -

(i) widen channels or harbors,

(ii) create or enlarge bend easings, turning basins or

anchorage areas, or provide protected areas, or

(iii) remove obstructions to navigation,

only vessels at least comparable in size to those used to justify

these features may be charged under this section.

(B) In developing port or harbor dues that may be charged under

this section on vessels for project features constructed under

this subchapter, the non-Federal interest may consider such

criteria as: elapsed time of passage, safety of passage, vessel

economy of scale, under keel clearance, vessel draft, vessel

squat, vessel speed, sinkage, and trim.

(C) Port or harbor dues authorized by this section shall not be

imposed on -

(i) vessels owned and operated by the United States

Government, a foreign country, a State, or a political

subdivision of a country or State, unless engaged in commercial

services;

(ii) towing vessels, vessels engaged in dredging activities,

or vessels engaged in intraport movements; or

(iii) vessels with design drafts of 20 feet or less when

utilizing general cargo and deep-draft navigation projects.

(4) Formulation of port or harbor dues

Port or harbor dues may be levied only on a vessel entering or

departing from a harbor and its cargo on a fair and equitable

basis. In formulating port and harbor dues, the non-Federal

interest shall consider -

(A) the direct and indirect cost of construction, operations,

and maintenance, and providing the facilities and services

under paragraph (1) of this subsection;

(B) the value of those facilities and services to the vessel

and cargo;

(C) the public policy or interest served; and

(D) any other pertinent factors.

(5) Notice and hearing

(A) Before the initial levy of or subsequent modification to

port or harbor dues under this section, a non-Federal interest

shall transmit to the Secretary -

(i) the text of the proposed law, regulation, or ordinance

that would establish the port or harbor dues, including

provisions for their administration, collection, and

enforcement;

(ii) the name, address, and telephone number of an official

to whom comments on and requests for further information on the

proposal are to be directed;

(iii) the date by which comments on the proposal are due and

a date for a public hearing on the proposal at which any

interested party may present a statement; however, the

non-Federal interest may not set a hearing date earlier than 45

days after the date of publication of the notice in the Federal

Register required by subparagraph (B) of this paragraph or set

a deadline for receipt of comments earlier than 60 days after

the date of publication; and

(iv) a written statement signed by an appropriate official

that the non-Federal interest agrees to be governed by the

provisions of this section.

(B) On receiving from a non-Federal interest the information

required by subparagraph (A) of this paragraph, the Secretary

shall transmit the material required by clauses (i) through (iii)

of subparagraph (A) of this paragraph to the Federal Register for

publication.

(C) Port or harbor dues may be imposed by a non-Federal

interest only after meeting the conditions of this paragraph.

(6) Requirements on non-Federal interest

A non-Federal interest shall -

(A) file a schedule of any port or harbor dues levied under

this subsection with the Secretary and the Federal Maritime

Commission, which the Commission shall make available for

public inspection;

(B) provide to the Comptroller General of the United States

on request of the Comptroller General any records or other

evidence that the Comptroller General considers to be necessary

and appropriate to enable the Comptroller General to carry out

the audit required under subsection (b) (!1) of this section;

(C) designate an officer or authorized representative,

including the Secretary of the Treasury acting on a

cost-reimbursable basis, to receive tonnage certificates and

cargo manifests from vessels which may be subject to the levy

of port or harbor dues, export declarations from shippers,

consignors, and terminal operators, and such other documents as

the non-Federal interest may by law, regulation, or ordinance

require for the imposition, computation, and collection of port

or harbor dues; and

(D) consent expressly to the exclusive exercise of Federal

jurisdiction under subsection (c) (!1) of this section.

(b) Jurisdiction

(1) The district court of the United States for the district in

which is located a non-Federal interest that levies port or harbor

dues under this section has original and exclusive jurisdiction

over any matter arising out of or concerning, the imposition,

computation, collection, and enforcement of port or harbor dues by

a non-Federal interest under this section.

(2) Any person who suffers legal wrong or is adversely affected

or aggrieved by the imposition by a non-Federal interest of a

proposed scheme or schedule of port or harbor dues under this

section may, not later than 180 days after the date of hearing

under subsection (a)(5)(A)(iii) of this section, commence an action

to seek judicial review of that proposed scheme or schedule in the

appropriate district court under paragraph (1).

(3) On petition of the Attorney General or any other party, that

district court may -

(A) grant appropriate injunctive relief to restrain an action

by that non-Federal interest violating the conditions of consent

in subsection (a) of this section;

(B) order the refund of any port or harbor dues not lawfully

collected; and

(C) grant other appropriate relief or remedy.

(c) Collection of duties

(1) (!2) Delivery of certificate and manifest

(A) Upon arrival of vessel

Upon the arrival of a vessel in a harbor in which the vessel

may be subject to the levy of port or harbor dues under this

section, the master of that vessel shall, within forty-eight

hours after arrival and before any cargo is unloaded from that

vessel, deliver to the appropriate authorized representative

appointed under subsection (a)(6)(C) of this section a tonnage

certificate for the vessel and a manifest of the cargo aboard

that vessel or, if the vessel is in ballast, a declaration to

that effect.

(B) Before departure of vessel

The shipper, consignor, or terminal operator having custody

of any cargo to be loaded on board a vessel while the vessel is

in a harbor in which the vessel may be subject to the levy of

port or harbor dues under this section shall, within

forty-eight hours before departure of that vessel, deliver to

the appropriate authorized representative appointed under

subsection (a)(6)(C) of this section an export declaration

specifying the cargo to be loaded on board that vessel.

(d) Enforcement

At the request of an authorized representative referred to in

subsection (a)(6)(C) of this section, the Secretary of the Treasury

may:

(1) withhold the clearance required by section 91 of title 46,

Appendix for a vessel if the master, owner, or operator of a

vessel subject to port or harbor dues under this section fails to

comply with the provisions of this section including any

non-Federal law, regulation or ordinance issued hereunder; and

(2) assess a penalty or initiate a forfeiture of the cargo in

the same manner and under the same procedures as are applicable

for failure to pay customs duties under the Tariff Act of 1930

(19 U.S.C. 1202 et seq.) if the shipper, consignor, consignee, or

terminal operator having title to or custody of cargo subject to

port or harbor dues under this section fails to comply with the

provisions of this section including any non-Federal law,

regulation, or ordinance issued hereunder.

(e) Maritime Lien

Port or harbor dues levied under this section against a vessel

constitute a maritime lien against the vessel and port or harbor

dues levied against cargo constitute a lien against the cargo that

may be recovered in an action in the district court of the United

States for the district in which the vessel or cargo is found.

-SOURCE-

(Pub. L. 99-662, title II, Sec. 208, Nov. 17, 1986, 100 Stat. 4102;

Pub. L. 104-66, title I, Sec. 1021(g), Dec. 21, 1995, 109 Stat.

713.)

-REFTEXT-

REFERENCES IN TEXT

Subsection (b) of this section, referred to in subsec. (a)(6)(B),

which related to audits, was struck out by Pub. L. 104-66 and

subsec. (c) was redesignated as subsec. (b).

Subsection (c) of this section, referred to in subsec. (a)(6)(D),

which related to jurisdiction, was redesignated as subsec. (b) by

Pub. L. 104-66.

The Tariff Act of 1930, referred to in subsec. (d)(2), is act

June 17, 1930, ch. 497, 46 Stat. 590, as amended, which is

classified generally to chapter 4 (Sec. 1202 et seq.) of Title 19,

Customs Duties. For complete classification of this Act to the

Code, see section 1654 of Title 19 and Tables.

-MISC1-

AMENDMENTS

1995 - Subsecs. (b) to (f). Pub. L. 104-66 redesignated subsecs.

(c) to (f) as (b) to (e), respectively, and struck out heading and

text of former subsec. (b). Text read as follows: "The Comptroller

General of the United States shall -

"(1) carry out periodic audits of the operations of non-Federal

interests that elect to levy port or harbor dues under this

section to determine if the conditions of subsection (a) of this

section are being complied with;

"(2) submit to each House of the Congress a written report

containing the findings resulting from each audit; and

"(3) make any recommendations that the Comptroller General

considers appropriate regarding the compliance of those

non-Federal interests with the requirements of this section."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. No par. (2) has been enacted.

-End-

-CITE-

33 USC Sec. 2237 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER II - HARBOR DEVELOPMENT

-HEAD-

Sec. 2237. Information for national security

-STATUTE-

Any non-Federal interest shall provide the United States the

information necessary for military readiness planning and harbor,

inland harbor, and national security, including information

necessary to obtain national security clearances for individuals

employed in critical harbor and inland harbor positions.

-SOURCE-

(Pub. L. 99-662, title II, Sec. 209, Nov. 17, 1986, 100 Stat.

4106.)

-End-

-CITE-

33 USC Sec. 2238 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER II - HARBOR DEVELOPMENT

-HEAD-

Sec. 2238. Authorization of appropriations

-STATUTE-

(a) Trust fund

There are authorized to be appropriated out of the Harbor

Maintenance Trust Fund, established by section 9505 of title 26,

for each fiscal year such sums as may be necessary to pay -

(1) 100 percent of the eligible operations and maintenance

costs of those portions of the Saint Lawrence Seaway operated and

maintained by the Saint Lawrence Seaway Development Corporation

for such fiscal year; and

(2) up to 100 percent of the eligible operations and

maintenance costs assigned to commercial navigation of all

harbors and inland harbors within the United States.

(b) General fund

There are authorized to be appropriated out of the general fund

of the Treasury of the United States for each fiscal year such sums

as may be necessary to pay the balance of all eligible operations

and maintenance costs not provided by payments from the Harbor

Maintenance Trust Fund under this section.

-SOURCE-

(Pub. L. 99-662, title II, Sec. 210, Nov. 17, 1986, 100 Stat. 4106;

Pub. L. 101-640, title III, Sec. 316, Nov. 28, 1990, 104 Stat.

4641.)

-MISC1-

AMENDMENTS

1990 - Subsec. (a)(2). Pub. L. 101-640 substituted "up to 100

percent" for "not more than 40 percent".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 section 9505.

-End-

-CITE-

33 USC Sec. 2239 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER II - HARBOR DEVELOPMENT

-HEAD-

Sec. 2239. Repealed. Pub. L. 101-640, title IV, Sec. 412(f), Nov.

28, 1990, 104 Stat. 4650

-MISC1-

Section, Pub. L. 99-662, title II, Sec. 211, Nov. 17, 1986, 100

Stat. 4106; Pub. L. 100-676, Sec. 32, Nov. 17, 1988, 102 Stat.

4030, directed Administrator of Environmental Protection Agency to

designate one or more sites for disposal of dredged material as an

alternative to disposal at the Mud Dump in New Jersey.

SEDIMENTS DECONTAMINATION TECHNOLOGY

Pub. L. 102-580, title IV, Sec. 405, Oct. 31, 1992, 106 Stat.

4863, as amended by Pub. L. 104-303, title II, Sec. 226, Oct. 12,

1996, 110 Stat. 3697; Pub. L. 106-53, title II, Sec. 204, Aug. 17,

1999, 113 Stat. 285, provided that:

"(a) Decontamination Project. -

"(1) Selection of technologies. - Based upon a review of

decontamination technologies identified pursuant to section

412(c) of the Water Resources Development Act of 1990 [Pub. L.

101-640, set out below], the Administrator of the Environmental

Protection Agency and the Secretary shall, within 1 year after

the date of the enactment of this Act [Oct. 31, 1992], jointly

select removal, pre-treatment, post-treatment, and

decontamination technologies for contaminated marine sediments

for a decontamination project in the New York/New Jersey Harbor.

"(2) Recommended program. - Upon selection of technologies, the

Administrator and the Secretary shall jointly recommend a program

of selected technologies to assess their effectiveness in

rendering sediments acceptable for unrestricted ocean disposal or

beneficial reuse, or both.

"(3) Project purpose. - The purpose of the project to be

carried out under this section is to provide for the development

of 1 or more sediment decontamination technologies on a pilot

scale demonstrating a capacity of at least 500,000 cubic yards

per year.

"(4) Practical end-use products. - Technologies selected for

demonstration at the pilot scale shall be intended to result in

practical end-use products.

"(5) Assistance by the secretary. - The Secretary shall assist

the project to ensure expeditious completion by providing

sufficient quantities of contaminated dredged material to conduct

the full-scale demonstrations to stated capacity.

"(b) Decontamination Defined. - For purposes of this section,

'decontamination' may include local or remote prototype or

production and laboratory decontamination technologies, sediment

pre-treatment and post-treatment processes, and siting, economic,

or other measures necessary to develop a matrix for selection of

interim prototype of long-term processes. Decontamination

techniques need not be preproven in terms of likely success.

"(c) Authorization of Appropriations. - There is authorized to be

appropriated to carry out this section $22,000,000 to complete

technology testing, technology commercialization, and the

development of full scale processing facilities within the New

York/New Jersey Harbor. Such sums shall remain available until

expended.

"(d) Reports. - Not later than September 30, 1998, and

periodically thereafter, the Administrator and the Secretary shall

transmit to Congress a report on the results of the project to be

carried out under this section, including an assessment of the

progress made in achieving the purpose of the project set forth in

subsection (a)(3).

"(e) Support. - In carrying out the program under this section,

the Secretary is encouraged to use contracts, cooperative

agreements, and grants with colleges and universities and other

non-Federal entities."

ALTERNATIVES TO MUD DUMP SITE FOR DISPOSAL OF DREDGED MATERIAL

Section 412 of Pub. L. 101-640 provided that:

"(a) Report. - Within 90 days after the date of the enactment of

this Act [Nov. 28, 1990], the Administrator of the Environmental

Protection Agency shall submit to the Congress a final report on

the feasibility of designating an alternative site to the Mud Dump

Site at a distance not less than 20 miles from the shoreline.

"(b) Plan. - Within 180 days after the date of the enactment of

this Act [Nov. 28, 1990], the Secretary and the Administrator of

the Environmental Protection Agency shall submit to Congress a plan

for the long-term management of dredged material from the New

York/New Jersey Harbor region. The plan shall include -

"(1) an identification of the source, quantities, and

characteristics of material to be dredged;

"(2) a discussion of potential alternative sites for disposal

of dredged material, including the feasibility of altering the

boundaries of the Mud Dump Site;

"(3) measures to reduce the quantities of dredged material

proposed for ocean disposal;

"(4) measures to reduce the amount of contaminants in materials

proposed to be dredged from the Harbor through source controls

and decontamination technology;

"(5) a program for monitoring the physical, chemical, and

biological effects of dumping dredged material at the Mud Dump

Site; and

"(6) a study of the characteristics of the bottom sediments,

including type and distribution.

"(c) Demonstration Project. - The Secretary, in consultation with

the Administrator of the Environmental Protection Agency, shall

implement a demonstration project for disposing on an annual basis

up to 10 percent of the material dredged from the New York/New

Jersey Harbor region in an environmentally sound manner other than

by ocean disposal. Environmentally sound alternatives may include,

among others, capping of borrow pits, construction of a containment

island, application for landfill cover, habitat restoration, and

use of decontamination technology.

"(d) Mud Dump Site Defined. - For purposes of this section, the

term 'Mud Dump Site' means the area located approximately 5 3/4

miles east of Sandy Hook, New Jersey, with boundary coordinates of

40 degrees, 23 minutes, 48 seconds North, 73 degrees, 51 minutes,

28 seconds West; 40 degrees, 21 minutes, 48 seconds North, 73

degrees, 50 minutes, 00 seconds West; 40 degrees, 21 minutes, 48

seconds North; 73 degrees, 51 minutes, 28 seconds West; and 40

degrees, 23 minutes, 48 seconds North; 73 degrees, 50 minutes, 00

seconds West.

"(e) Authorization of Appropriations. - There are authorized to

be appropriated to the Secretary for fiscal year 1991, $3,000,000

to implement subsection (b) and $1,000,000 to implement subsection

(c), and such sums as may be necessary for fiscal year 1992.

"(f) Repeal. - Section 211 of the Water Resources Development Act

of 1986 (33 U.S.C. 2239) is repealed."

-End-

-CITE-

33 USC Sec. 2240 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER II - HARBOR DEVELOPMENT

-HEAD-

Sec. 2240. Emergency response services

-STATUTE-

(a) Grants

The Secretary is authorized to make grants to any non-Federal

interest operating a project for a harbor for provision of

emergency response services in such harbor (including contingency

planning, necessary personnel training, and the procurement of

equipment and facilities either by the non-Federal interest, by a

local agency or municipality, or by a combination of local agencies

or municipalities on a cost-reimbursable basis, either by a

cooperative agreement, mutual aid plan, or mutual assistance plan

entered into between one or more non-Federal interests, public

agencies, or local municipalities).

(b) Authorization of appropriations

There is authorized to be appropriated for fiscal years beginning

after September 30, 1986, and ending before October 1, 1992,

$5,000,000.

-SOURCE-

(Pub. L. 99-662, title II, Sec. 212, Nov. 17, 1986, 100 Stat.

4107.)

-End-

-CITE-

33 USC Sec. 2241 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER II - HARBOR DEVELOPMENT

-HEAD-

Sec. 2241. Definitions

-STATUTE-

For purposes of this subchapter -

(1) Deep-draft harbor

The term "deep-draft harbor" means a harbor which is authorized

to be constructed to a depth of more than 45 feet (other than a

project which is authorized by section 202 of this title).

(2) Eligible operations and maintenance

(A) Except as provided in subparagraph (B), the term "eligible

operations and maintenance" means all Federal operations,

maintenance, repair, and rehabilitation, including (i)

maintenance dredging reasonably necessary to maintain the width

and nominal depth of any harbor or inland harbor; (ii) the

construction of dredged material disposal facilities that are

necessary for the operation and maintenance of any harbor or

inland harbor; (iii) dredging and disposing of contaminated

sediments that are in or that affect the maintenance of Federal

navigation channels; (iv) mitigating for impacts resulting from

Federal navigation operation and maintenance activities; and (v)

operating and maintaining dredged material disposal facilities.

(B) As applied to the Saint Lawrence Seaway, the term "eligible

operations and maintenance" means all operations, maintenance,

repair, and rehabilitation, including maintenance dredging

reasonably necessary to keep such Seaway or navigation

improvements operated or maintained by the Saint Lawrence Seaway

Development Corporation in operation and reasonable state of

repair.

(C) The term "eligible operations and maintenance" does not

include providing any lands, easements, or rights-of-way, or

performing relocations required for project operations and

maintenance.

(3) General cargo harbor

The term "general cargo harbor" means a harbor for which a

project is authorized by section 202 of this title and any other

harbor which is authorized to be constructed to a depth of more

than 20 feet but not more than 45 feet;

(4) Harbor

The term "harbor" means any channel or harbor, or element

thereof, in the United States, capable of being utilized in the

transportation of commercial cargo in domestic or foreign

waterborne commerce by commercial vessels. The term does not

include -

(A) an inland harbor;

(B) the Saint Lawrence Seaway;

(C) local access or berthing channels;

(D) channels or harbors constructed or maintained by

nonpublic interests; and

(E) any portion of the Columbia River other than the channels

on the downstream side of Bonneville lock and dam.

(5) Inland harbor

The term "inland harbor" means a navigation project which is

used principally for the accommodation of commercial vessels and

the receipt and shipment of waterborne cargoes on inland waters.

The term does not include -

(A) projects on the Great Lakes;

(B) projects that are subject to tidal influence;

(C) projects with authorized depths of greater than 20 feet;

(D) local access or berthing channels; and

(E) projects constructed or maintained by nonpublic

interests.

(6) Nominal depth

The term "nominal depth" means, in relation to the stated depth

for any navigation improvement project, such depth, including any

greater depths which must be maintained for any harbor or inland

harbor or element thereof included within such project in order

to ensure the safe passage at mean low tide of any vessel

requiring the stated depth.

(7) Non-Federal interest

The term "non-Federal interest" has the meaning such term has

under section 1962d-5b of title 42 and includes any interstate

agency and port authority established under a compact entered

into between two or more States with the consent of Congress

under section 10 of Article I of the Constitution.

(8) United States

The term "United States" means all areas included within the

territorial boundaries of the United States, including the

several States, the District of Columbia, the Commonwealth of

Puerto Rico, the Virgin Islands, Guam, American Samoa, the Trust

Territory of the Pacific Islands, the Northern Mariana Islands,

and any other territory or possession over which the United

States exercises jurisdiction.

-SOURCE-

(Pub. L. 99-662, title II, Sec. 214, Nov. 17, 1986, 100 Stat. 4108;

Pub. L. 104-303, title II, Sec. 201(e), Oct. 12, 1996, 110 Stat.

3672.)

-REFTEXT-

REFERENCES IN TEXT

Section 202 of this title, referred to in pars. (1) and (3), is

section 202 of title II of Pub. L. 99-662, Nov. 17, 1986, 100 Stat.

4091, which is not classified to the Code.

-MISC1-

AMENDMENTS

1996 - Par. (2)(A). Pub. L. 104-303, Sec. 201(e)(1), inserted

"Federal" after "means all" and "(i)" after "including", and

inserted before period at end a semicolon and cls. (ii) to (v).

Par. (2)(C). Pub. L. 104-303, Sec. 201(e)(2), substituted "or

rights-of-way," for "rights-of-way, or dredged material disposal

areas,".

INCREASES IN NON-FEDERAL SHARE OF COSTS

Amendment by Pub. L. 104-303 not to increase, or result in

increase of, non-Federal share of costs of expanding any confined

dredged material disposal facility that is operated by Secretary

and authorized for cost recovery through collection of tolls, any

confined dredged material disposal facility for which invitation

for bids for construction was issued before Oct. 12, 1996, and

expanding any confined dredged material disposal facility

constructed under section 1293a of this title if capacity of

confined dredged material disposal facility was exceeded in less

than 6 years, see section 201(g) of Pub. L. 104-303, set out as a

note under section 2211 of this title.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2219 of this title.

-End-

-CITE-

33 USC SUBCHAPTER III - INLAND WATERWAY TRANSPORTATION

SYSTEM 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER III - INLAND WATERWAY TRANSPORTATION SYSTEM

-HEAD-

SUBCHAPTER III - INLAND WATERWAY TRANSPORTATION SYSTEM

-End-

-CITE-

33 USC Sec. 2251 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER III - INLAND WATERWAY TRANSPORTATION SYSTEM

-HEAD-

Sec. 2251. Inland Waterways Users Board

-STATUTE-

(a) Establishment of Users Board

There is hereby established an Inland Waterway Users Board

(hereinafter in this section referred to as the "Users Board")

composed of the eleven members selected by the Secretary, one of

whom shall be designated by the Secretary as Chairman. The members

shall be selected so as to represent various regions of the country

and a spectrum of the primary users and shippers utilizing the

inland and intracoastal waterways for commercial purposes. Due

consideration shall be given to assure a balance among the members

based on the ton-mile shipments of the various categories of

commodities shipped on inland waterways. The Secretary of the Army

shall designate, and the Secretaries of Agriculture,

Transportation, and Commerce may each designate, a representative

to act as an observer of the Users Board.

(b) Duties

The Users Board shall meet at least semi-annually to develop and

make recommendations to the Secretary regarding construction and

rehabilitation priorities and spending levels on the commercial

navigational features and components of the inland waterways and

inland harbors of the United States for the following fiscal years.

Any advice or recommendation made by the Users Board to the

Secretary shall reflect the independent judgment of the Users

Board. Notwithstanding section 3003 of Public Law 104-66 (31 U.S.C.

1113 note; 109 Stat. 734), the Users Board shall, by December 31,

1987, and annually thereafter file such recommendations with the

Secretary and with the Congress.

(c) Administration

The Users Board shall be subject to the Federal Advisory

Committee Act, other than section 14, and, with the consent of the

appropriate agency head, the Users Board may use the facilities and

services of any Federal agency. Non-Federal members of the Users

Board while engaged in the performance of their duties away from

their homes or regular places of business, may be allowed travel

expenses, including per diem in lieu of subsistence, as authorized

by section 5703 of title 5.

-SOURCE-

(Pub. L. 99-662, title III, Sec. 302, Nov. 17, 1986, 100 Stat.

4111; Pub. L. 106-109, Sec. 8(a), Nov. 24, 1999, 113 Stat. 1495.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec. (c),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-MISC1-

AMENDMENTS

1999 - Subsec. (b). Pub. L. 106-109, in last sentence,

substituted "Notwithstanding section 3003 of Public Law 104-66 (31

U.S.C. 1113 note; 109 Stat. 734), the" for "The".

-End-

-CITE-

33 USC SUBCHAPTER IV - WATER RESOURCES STUDIES 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER IV - WATER RESOURCES STUDIES

-HEAD-

SUBCHAPTER IV - WATER RESOURCES STUDIES

-End-

-CITE-

33 USC Sec. 2261 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER IV - WATER RESOURCES STUDIES

-HEAD-

Sec. 2261. Territories development study

-STATUTE-

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.

-SOURCE-

(Pub. L. 99-662, title VII, Sec. 702, Nov. 17, 1986, 100 Stat.

4156.)

-REFTEXT-

REFERENCES IN 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.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-End-

-CITE-

33 USC Sec. 2262 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER IV - WATER RESOURCES STUDIES

-HEAD-

Sec. 2262. Survey of potential for use of certain facilities as

hydroelectric facilities

-STATUTE-

(a) Survey authority

The Secretary shall, upon the request of local public officials,

survey the potential and methods for rehabilitating former

industrial sites, millraces, and similar types of facilities

already constructed for use as hydroelectric facilities. The

Secretary shall, upon request, provide technical assistance to

local public agencies, including electric cooperatives, in

designing projects to rehabilitate sites that have been surveyed,

or are qualified for such survey, under this section. The

non-Federal share of the cost of carrying out this section shall be

50 percent.

(b) Authorization of appropriations

There is authorized to be appropriated to the Secretary, to

implement this section, the sum of $5,000,000 for each of the

fiscal years ending September 30, 1988, through September 30, 1992,

such sums to remain available until expended.

-SOURCE-

(Pub. L. 99-662, title VII, Sec. 703, Nov. 17, 1986, 100 Stat.

4156.)

-End-

-CITE-

33 USC Sec. 2263 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER IV - WATER RESOURCES STUDIES

-HEAD-

Sec. 2263. Study of Corps capability to conserve fish and wildlife

-STATUTE-

(a) Investigation and study

The Secretary shall investigate and study the feasibility of

utilizing the capabilities of the United States Army Corps of

Engineers to conserve fish and wildlife (including their habitats)

where such fish and wildlife are indigenous to the United States,

its possessions, or its territories. The scope of such study shall

include the use of engineering or construction capabilities to

create alternative habitats, or to improve, enlarge, develop, or

otherwise beneficially modify existing habitats of such fish and

wildlife. The study shall be conducted in consultation with the

Director of the Fish and Wildlife Service of the Department of the

Interior, the Assistant Administrator for Fisheries of the National

Oceanic and Atmospheric Administration, and the Administrator of

the Environmental Protection Agency, and shall be transmitted

within the 30-month period beginning on November 17, 1986, by the

Secretary to Congress, together with the findings, conclusions, and

recommendations of the Chief of Engineers. The Secretary, in

consultation with the Federal officers referred to in the preceding

sentence, shall undertake a continuing review of the matters

covered in the study and shall transmit to Congress, on a biennial

basis, any revisions to the study that may be required as a result

of the review, together with the findings, conclusions, and

recommendations of the Chief of Engineers.

(b) Projects

(1) In general

The Secretary is further authorized to conduct projects of

alternative or beneficially modified habitats for fish and

wildlife, including but not limited to man-made reefs for fish.

There is authorized to be appropriated not to exceed $20,000,000

to carry out such projects. Such projects shall be developed, and

their effectiveness evaluated, in consultation with the Director

of the Fish and Wildlife Service and the Assistant Administrator

for Fisheries of the National Oceanic and Atmospheric

Administration. Such projects shall include -

(A) the construction of a reef for fish habitat in Lake Erie

in the vicinity of Buffalo, New York;

(B) the construction of a reef for fish habitat in the

Atlantic Ocean in the vicinity of Fort Lauderdale, Florida;

(C) the construction of a reef for fish habitat in Lake

Ontario in the vicinity of the town of Newfane, New York; and

(D) the construction of reefs and related clean shell

substrate for fish habitat, including manmade 3-dimensional

oyster reefs, in the Chesapeake Bay and its tributaries in

Maryland and Virginia if the reefs are preserved as permanent

sanctuaries by the non-Federal interests, consistent with the

recommendations of the scientific consensus document on

Chesapeake Bay oyster restoration dated June 1999.

(2) Cost sharing

(A) In general

The non-Federal share of the cost of any project under this

subsection shall be 25 percent.

(B) Form

The non-Federal share may be provided through in-kind

services, including the provision by the non-Federal interest

of shell stock material that is determined by the Chief of

Engineers to be suitable for use in carrying out the project.

(C) Applicability

The non-Federal interest shall be credited with the value of

in-kind services provided on or after October 1, 2000, for a

project described in paragraph (1) completed on or after that

date, if the Secretary determines that the work is integral to

the project.

In carrying out paragraph (4),(!1) the Chief of Engineers may

solicit participation by and the services of commercial watermen in

the construction of the reefs.

-SOURCE-

(Pub. L. 99-662, title VII, Sec. 704, Nov. 17, 1986, 100 Stat.

4157; Pub. L. 104-303, title V, Sec. 505, Oct. 12, 1996, 110 Stat.

3757; Pub. L. 106-541, title III, Sec. 342, Dec. 11, 2000, 114

Stat. 2612; Pub. L. 107-66, title I, Sec. 113, Nov. 12, 2001, 115

Stat. 496.)

-MISC1-

AMENDMENTS

2001 - Subsec. (b). Pub. L. 107-66 inserted subsec. heading,

designated introductory provisions as par. (1), inserted par. (1)

heading, redesignated former pars. (1) to (4) as subpars. (A) to

(D), respectively, of par. (1), and substituted par. (2) for first

sentence of concluding provisions which read "The non-Federal share

of the cost of any project under this section shall be 25 percent."

2000 - Subsec. (b). Pub. L. 106-541, Sec. 342(1), (3),

substituted "$20,000,000" for "$7,000,000" in second sentence of

introductory provisions and inserted at end of concluding

provisions "In carrying out paragraph (4), the Chief of Engineers

may solicit participation by and the services of commercial

watermen in the construction of the reefs."

Subsec. (b)(4). Pub. L. 106-541, Sec. 342(2), added par. (4) and

struck out former par. (4) which read as follows: "the construction

of a reef for fish habitat in the Chesapeake Bay in Maryland and

Virginia."

1996 - Subsec. (b). Pub. L. 104-303 substituted "$7,000,000" for

"$5,000,000" in introductory provisions and inserted "and Virginia"

after "Maryland" in par. (4).

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which a report required under subsec. (a) of this section is listed

on page 68), see section 3003 of Pub. L. 104-66, as amended, set

out as a note under section 1113 of Title 31, Money and Finance.

-FOOTNOTE-

(!1) So in original. Probably should be paragraph "(1)(D)".

-End-

-CITE-

33 USC Sec. 2264 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER IV - WATER RESOURCES STUDIES

-HEAD-

Sec. 2264. Deauthorization of studies

-STATUTE-

(a) Notwithstanding section 3003 of Public Law 104-66 (31 U.S.C.

1113 note; 109 Stat. 734), not later than one year after November

17, 1986, and annually thereafter, the Secretary shall submit to

Congress a list of incomplete water resources studies which have

been authorized, but for which no funds have been appropriated

during the 5 full fiscal years preceding the submission of such

list. For each such study the Secretary shall include the following

information:

(1) the date of authorization and the manner in which the study

was authorized;

(2) a description of the purposes of the study;

(3) a description of funding that has been made available for

the study;

(4) a description of any work that has been performed in

carrying out the study and the results and conclusions, if any,

of such work; and

(5) a description of any work that remains to be done in

carrying out the study and the time necessary for and estimated

cost of completing such work.

(b) Each study included in a list under subsection (a) of this

section is not authorized on and after the 90th day following the

submission to Congress of such list if no funds have been

appropriated for such study after the list is submitted and before

such 90th day.

-SOURCE-

(Pub. L. 99-662, title VII, Sec. 710, Nov. 17, 1986, 100 Stat.

4160; Pub. L. 106-109, Sec. 8(b), Nov. 24, 1999, 113 Stat. 1495.)

-MISC1-

AMENDMENTS

1999 - Subsec. (a). Pub. L. 106-109, in first sentence,

substituted "Notwithstanding section 3003 of Public Law 104-66 (31

U.S.C. 1113 note; 109 Stat. 734), not" for "Not".

-End-

-CITE-

33 USC Sec. 2265 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER IV - WATER RESOURCES STUDIES

-HEAD-

Sec. 2265. Columbia River/Arkansas River Basin transfers

-STATUTE-

(a) No Federal agency shall study or participate in the study of

any regional or river basin plan or any plan for any Federal water

and related land resource project which has as its objective the

transfer of water from the Columbia River Basin to any other region

or any other major river basin of the United States, unless such

study is approved by the Governors of all affected States.

(b) For a period of 5 years after November 17, 1986, no Federal

agency shall study or participate in the study of any regional or

river basin plan or any plan for any Federal water and related land

resource project which has as its objective the transfer of water

from the Arkansas River Basin to any other region or any other

major river basin of the United States, unless such study is

approved by the Governors of all affected States.

-SOURCE-

(Pub. L. 99-662, title VII, Sec. 715, Nov. 17, 1986, 100 Stat.

4161.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 43 section 2223.

-End-

-CITE-

33 USC Sec. 2266 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER IV - WATER RESOURCES STUDIES

-HEAD-

Sec. 2266. Canadian tidal power study

-STATUTE-

(a) Study authority

The Secretary, after consultation with the National Oceanic and

Atmospheric Administration, the National Marine Fisheries Service,

the United States Fish and Wildlife Service, and other appropriate

governmental agencies, and the National Research Council of the

National Academy of Sciences, is authorized and directed to

undertake studies to identify the impacts on the United States of

potential Canadian tidal power development in the Bay of Fundy, and

submit such studies to the appropriate committees of the Congress.

(b) Study phases

The Secretary shall conduct the studies authorized in subsection

(a) of this section in two phases:

(1) Studies to be completed not later than October 1, 1988, to

(A) identify effects of any such projects on tidal ranges and

resulting impacts to beaches and estuarine areas, and (B)

identify further studies which would be needed to meet the

requirements of paragraph (2) of this subsection; and

(2) Studies to be completed not later than October 1, 1990, to

(A) determine further environmental, social, economic, and

institutional impacts of such tidal power development, and (B)

determine what measures could be taken in Canada and the United

States to offset or minimize any adverse impacts of such

development on the United States.

(c) Authorization of appropriations

In the fiscal year ending September 30, 1987, or in any fiscal

year thereafter, there is authorized to be appropriated to the

Secretary the sum of $1,100,000 for the purposes of subsection

(b)(1) of this section, and the sum of $8,900,000 for the purposes

of subsection (b)(2) of this section, such sums to remain available

until expended.

-SOURCE-

(Pub. L. 99-662, title VII, Sec. 724, Nov. 17, 1986, 100 Stat.

4163.)

-End-

-CITE-

33 USC Sec. 2267 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER IV - WATER RESOURCES STUDIES

-HEAD-

Sec. 2267. New York Bight study

-STATUTE-

(a) Study authority

The Secretary shall study a hydro-environmental monitoring and

information system in the New York Bight in the form of a system

using computerized buoys and radio telemetry that allows for the

continual monitoring (at strategically located sites throughout the

New York Bight) of the following: wind, wave, current, salinity and

thermal gradients and sea chemistry, in order to measure the effect

of changes due to air and water pollution, including changes due to

continued dumping in the Bight.

(b) Study of physical hydraulic model

In addition, the Secretary shall study a proper physical

hydraulic model of the New York Bight and for such an offshore

model to be tied into the existing inshore physical hydraulic model

of the Port of New York and New Jersey operated by the United

States Army Corps of Engineers.

(c) Agency coordination; findings and recommendations

The Secretary shall coordinate fully with the Administrator of

the Environmental Protection Agency in carrying out the study

described in this section and shall report any findings and

recommendations to Congress. The Secretary and the Administrator

shall also consider the views of other appropriate Federal, State,

and local agencies, academic institutions, and members of the

public who are concerned about water quality in the New York Bight.

(d) Authorization of appropriations

There is authorized to be appropriated not more than $1,000,000

per fiscal year for each of fiscal years 1987, 1988, 1989, 1990,

and 1991.

-SOURCE-

(Pub. L. 99-662, title VII, Sec. 728, Nov. 17, 1986, 100 Stat.

4164.)

-MISC1-

NEW YORK BIGHT AND HARBOR STUDY

Pub. L. 102-580, title III, Sec. 326, Oct. 31, 1992, 106 Stat.

4850, as amended by Pub. L. 104-303, title IV, Sec. 433, Oct. 12,

1996, 110 Stat. 3746, provided that:

"(a) In General. - As a continuation of the study pursuant to

section 728 of the Water Resources Development Act of 1986 [33

U.S.C. 2267], the Secretary shall study a hydro-environmental

monitoring and information system in the New York Bight and New

York Harbor and tributaries to the head of tide, in the form of a

system using computerized buoys and radio telemetry that allows for

the continual monitoring (at strategically located sites throughout

the New York Bight and Harbor region) of the following: wind, wave,

current, salinity, and thermal gradients and sea chemistry, in

order to measure the effect of changes due to air and water

pollution, including changes due to continued dumping in the Bight.

This effort will include the study of a verified, nested,

high-resolution Harbor/Bight Apex numerical model, and supportive

monitoring and information systems.

"(b) Hydraulic Model. - In addition, the Secretary shall study a

proper physical hydraulic model of the New York Bight and the tying

in of such model to the existing inshore physical hydraulic model

of the Port of New York and New Jersey operated by the United

States Army Corps of Engineers.

"(c) Purpose. - This New York Bight and Harbor effort will

address the engineering, environmental, and social impacts of

natural and man-made changes to the New York Bight, including water

quality parameters such as contaminant and sediment transport

effects, and nutrient eutrophication.

"(d) Coordination With EPA; Reports. - The Secretary shall

coordinate fully with the Administrator of the Environmental

Protection Agency in carrying out the study described in the

section and shall report any findings and recommendations to

Congress. The Secretary and the Administrator shall also consider

the views of other appropriate Federal, State, and local agencies,

academic institutions, and members of the public who are concerned

about water and sediment quality in the New York Bight and Harbor

region.

"(e) Remediation Techniques. -

"(1) In general. - To test and verify contaminant and sediment

tracking ability of the models, and to reduce the problems

associated with the dredging and disposal of dioxin contaminated

sediments in the region, a study shall be performed to identify

appropriate remediation techniques (including isolation and

treatment) for mitigating dioxin contaminated sediments at their

sources. The study and report are not intended to encumber civil

works projects under development or scheduled to be maintained.

Work on these projects shall proceed along the present schedule.

"(2) Report. - Not later than 1 year after the date of the

enactment of this Act [Oct. 31, 1992], the Secretary shall submit

to the Committee on Environment and Public Works of the Senate,

the Committee on Public Works and Transportation of the House of

Representatives, and to the State of New Jersey a report on -

"(A) the dioxin study and monitoring required in this

subsection; and

"(B) the effectiveness and costs of all reasonable

remediation measures, including recommendations as to a plan

for implementation of the most time and cost-effective

measures.

"(f) Funding. - There is authorized to be appropriated $3,000,000

for fiscal years beginning after September 30, 1992. Such sums

shall remain available until expended."

Pub. L. 100-220, title II, subtitle C, Dec. 29, 1987, 101 Stat.

1467, as amended by Pub. L. 100-688, title I, Sec. 1003(b), (c),

Nov. 18, 1988, 102 Stat. 4150, directed Administrator of the

Environmental Protection Agency, within 3 years after Dec. 29,

1987, in consultation with Administrator of the National Oceanic

and Atmospheric Administration and other Federal, State, and

interstate agencies, to prepare and submit to Congress a New York

Bight Restoration Plan and a detailed schedule and two preliminary

reports at specified times, and further directed Administrator to

conduct a study of problems associated with plastic debris in the

New York Bight and report to Congress within 6 months after Dec.

29, 1987.

-End-

-CITE-

33 USC Sec. 2267a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER IV - WATER RESOURCES STUDIES

-HEAD-

Sec. 2267a. Watershed and river basin assessments

-STATUTE-

(a) In general

The Secretary may assess the water resources needs of river

basins and watersheds of the United States, including needs

relating to -

(1) ecosystem protection and restoration;

(2) flood damage reduction;

(3) navigation and ports;

(4) watershed protection;

(5) water supply; and

(6) drought preparedness.

(b) Cooperation

An assessment under subsection (a) of this section shall be

carried out in cooperation and coordination with -

(1) the Secretary of the Interior;

(2) the Secretary of Agriculture;

(3) the Secretary of Commerce;

(4) the Administrator of the Environmental Protection Agency;

and

(5) the heads of other appropriate agencies.

(c) Consultation

In carrying out an assessment under subsection (a) of this

section, the Secretary shall consult with Federal, tribal, State,

interstate, and local governmental entities.

(d) Priority river basins and watersheds

In selecting river basins and watersheds for assessment under

this section, the Secretary shall give priority to -

(1) the Delaware River basin;

(2) the Kentucky River basin;

(3) the Potomac River basin;

(4) the Susquehanna River basin; and

(5) the Willamette River basin.

(e) Acceptance of contributions

In carrying out an assessment under subsection (a) of this

section, the Secretary may accept contributions, in cash or in

kind, from Federal, tribal, State, interstate, and local

governmental entities to the extent that the Secretary determines

that the contributions will facilitate completion of the

assessment.

(f) Cost-sharing requirements

(1) Non-Federal share

The non-Federal share of the costs of an assessment carried out

under this section shall be 50 percent.

(2) Credit

(A) In general

Subject to subparagraph (B), the Secretary may credit toward

the non-Federal share of an assessment under this section the

cost of services, materials, supplies, or other in-kind

contributions provided by the non-Federal interests for the

assessment.

(B) Maximum amount of credit

The credit under subparagraph (A) may not exceed an amount

equal to 25 percent of the costs of the assessment.

(g) Authorization of appropriations

There is authorized to be appropriated to carry out this section

$15,000,000.

-SOURCE-

(Pub. L. 99-662, title VII, Sec. 729, Nov. 17, 1986, 100 Stat.

4164; Pub. L. 106-541, title II, Sec. 202, Dec. 11, 2000, 114 Stat.

2587.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-541 amended section catchline and text

generally. Prior to amendment, section read as follows:

"(a) The Secretary, in coordination with the Secretary of the

Interior and in consultation with appropriate Federal, State, and

local agencies, is authorized to study the water resources needs of

river basins and regions of the United States. The Secretaries

shall report the results of such study to Congress not later than

October 1, 1988.

"(b) In carrying out the studies authorized under subsection (a)

of this section, the Secretaries shall consult with State,

interstate, and local governmental entities.

"(c) There is authorized to be appropriated $5,000,000 for fiscal

years beginning after September 30, 1986, to carry out this

section."

-End-

-CITE-

33 USC Sec. 2268 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER IV - WATER RESOURCES STUDIES

-HEAD-

Sec. 2268. Marine technology review

-STATUTE-

(a) Dredging needs

The Secretary is authorized to conduct such studies as are

necessary to provide a report to Congress on the dredging needs of

the national ports and harbors of the United States. The report

shall include existing and projected future project depths, types

and sizes of ships in use, and world trade patterns, an assessment

of the future national waterside infrastructure needs, and a

comparison of drafts of United States and selected world ports.

(b) Authorization of appropriations

There is authorized to be appropriated $2,500,000 to carry out

this section for fiscal years beginning after September 30, 1992.

Such sums shall remain available until expended.

-SOURCE-

(Pub. L. 102-580, title IV, Sec. 402, Oct. 31, 1992, 106 Stat.

4862.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1992, and not as part of the Water Resources Development Act

of 1986 which comprises this chapter.

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 3 of Pub.

L. 102-580, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 2269 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER IV - WATER RESOURCES STUDIES

-HEAD-

Sec. 2269. Tribal partnership program

-STATUTE-

(a) Definition of Indian tribe

In this section, the term "Indian tribe" has the meaning given

the term in section 450b of title 25.

(b) Program

(1) In general

In cooperation with Indian tribes and the heads of other

Federal agencies, the Secretary may study and determine the

feasibility of carrying out water resources development projects

that -

(A) will substantially benefit Indian tribes; and

(B) are located primarily within Indian country (as defined

in section 1151 of title 18) or in proximity to Alaska Native

villages.

(2) Matters to be studied

A study conducted under paragraph (1) may address -

(A) projects for flood damage reduction, environmental

restoration and protection, and preservation of cultural and

natural resources; and

(B) such other projects as the Secretary, in cooperation with

Indian tribes and the heads of other Federal agencies,

determines to be appropriate.

(c) Consultation and coordination with Secretary of the Interior

(1) In general

In recognition of the unique role of the Secretary of the

Interior concerning trust responsibilities with Indian tribes and

in recognition of mutual trust responsibilities, the Secretary

shall consult with the Secretary of the Interior concerning

studies conducted under subsection (b) of this section.

(2) Integration of activities

The Secretary shall -

(A) integrate civil works activities of the Department of the

Army with activities of the Department of the Interior to avoid

conflicts, duplications of effort, or unanticipated adverse

effects on Indian tribes; and

(B) consider the authorities and programs of the Department

of the Interior and other Federal agencies in any

recommendations concerning carrying out projects studied under

subsection (b) of this section.

(d) Cost sharing

(1) Ability to pay

(A) In general

Any cost-sharing agreement for a study under subsection (b)

of this section shall be subject to the ability of the

non-Federal interest to pay.

(B) Use of procedures

The ability of a non-Federal interest to pay shall be

determined by the Secretary in accordance with procedures

established by the Secretary.

(2) Credit

The Secretary may credit toward the non-Federal share of the

costs of a study under subsection (b) of this section the cost of

services, studies, supplies, or other in-kind contributions

provided by the non-Federal interest if the Secretary determines

that the services, studies, supplies, and other in-kind

contributions will facilitate completion of the study.

(e) Authorization of appropriations

There is authorized to be appropriated to carry out subsection

(b) of this section $5,000,000 for each of fiscal years 2002

through 2006, of which not more than $1,000,000 may be used with

respect to any 1 Indian tribe.

-SOURCE-

(Pub. L. 106-541, title II, Sec. 203, Dec. 11, 2000, 114 Stat.

2588.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 2000, and not as part of the Water Resources Development Act

of 1986 which comprises this chapter.

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 106-541, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC SUBCHAPTER V - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER V - GENERAL PROVISIONS

-End-

-CITE-

33 USC Sec. 2280 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2280. Maximum cost of projects

-STATUTE-

In order to insure against cost overruns, each total cost set

forth with respect to a project for water resources development and

conservation and related purposes authorized to be carried out by

the Secretary in this Act or in a law enacted after the date of the

enactment of this Act, including the Water Resources Development

Act of 1988, or in an amendment made by this Act or any later law

with respect to such a project shall be the maximum cost of that

project, except that such maximum amount -

(1) may be increased by the Secretary for modifications which

do not materially alter the scope or functions of the project as

authorized, but not by more than 20 percent of the total cost

stated for the project in this Act, in any later law, or in an

amendment made by this Act or any later law; and

(2) shall be automatically increased for -

(A) changes in construction costs applied to unconstructed

features (including real property acquisitions, preconstruction

studies, planning, engineering, and design) from the date of

enactment of this Act or any later law (unless otherwise

specified) as indicated by engineering and other appropriate

cost indexes; and

(B) additional studies, modifications, and actions (including

mitigation and other environmental actions) authorized by this

Act or any later law or required by changes in Federal law.

-SOURCE-

(Pub. L. 99-662, title IX, Sec. 902, Nov. 17, 1986, 100 Stat. 4183;

Pub. L. 100-676, Sec. 3(b), Nov. 17, 1988, 102 Stat. 4014.)

-REFTEXT-

REFERENCES IN 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.

The date of enactment of this Act, referred to in text, is the

date of enactment of Pub. L. 99-662, which was approved Nov. 17,

1986.

The Water Resources Development Act of 1988, referred to in text,

is Pub. L. 100-676, Nov. 17, 1988, 102 Stat. 4012. For complete

classification of this Act to the Code, see Short Title of 1988

Amendment note set out under section 2201 of this title and Tables.

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-676, Sec. 3(b)(1), substituted "with respect

to a project for water resources development and conservation and

related purposes authorized to be carried out by the Secretary in

this Act or in a law enacted after the date of the enactment of

this Act, including the Water Resources Development Act of 1988, or

in an amendment made by this Act or any later law with respect to

such a project" for "in this Act, or an amendment made by this Act,

for a project".

Par. (1). Pub. L. 100-676, Sec. 3(b)(2), inserted ", in any later

law," after "in this Act", and "or any later law" after "by this

Act".

Par. (2). Pub. L. 100-676, Sec. 3(b)(3), (4), inserted "or any

later law" after "of this Act" in subpars. (A) and (B).

-End-

-CITE-

33 USC Sec. 2281 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2281. Matters to be addressed in planning

-STATUTE-

Enhancing national economic development (including benefits to

particular regions of the Nation not involving the transfer of

economic activity to such regions from other regions), the quality

of the total environment (including preservation and enhancement of

the environment), the well-being of the people of the United

States, the prevention of loss of life, and the preservation of

cultural and historical values shall be addressed in the

formulation and evaluation of water resources projects to be

carried out by the Secretary, and the associated benefits and

costs, both quantifiable and unquantifiable, and information

regarding potential loss of human life that may be associated with

flooding and coastal storm events, shall be displayed in the

benefits and costs of such projects.

-SOURCE-

(Pub. L. 99-662, title IX, Sec. 904, Nov. 17, 1986, 100 Stat. 4185;

Pub. L. 101-640, title III, Sec. 315, Nov. 28, 1990, 104 Stat.

4641; Pub. L. 104-303, title II, Sec. 231, Oct. 12, 1996, 110 Stat.

3704.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-303 inserted "and information regarding

potential loss of human life that may be associated with flooding

and coastal storm events," after "unquantifiable,".

1990 - Pub. L. 101-640 inserted "(including preservation and

enhancement of the environment)" after "environment".

RURAL PROJECT EVALUATION AND SELECTION CRITERIA

Pub. L. 102-580, title II, Sec. 214, Oct. 31, 1992, 106 Stat.

4831, directed Comptroller General, not later than 18 months after

Oct. 31, 1992, to report to Congress with specific legislative and

other recommendations on improving the equitable distribution of

water resources development projects in rural areas, prior to

repeal by Pub. L. 104-316, title I, Sec. 117, Oct. 19, 1996, 110

Stat. 3835.

-End-

-CITE-

33 USC Sec. 2282 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2282. Feasibility reports

-STATUTE-

(a) Report authority; contents; views of other agencies

In the case of any water resources project-related study

authorized to be undertaken by the Secretary, the Secretary shall

prepare a feasibility report, subject to section 2215 of this

title. Such feasibility report shall describe, with reasonable

certainty, the economic, environmental, and social benefits and

detriments of the recommended plan and alternative plans considered

by the Secretary and the engineering features (including hydrologic

and geologic information), the public acceptability, and the

purposes, scope, and scale of the recommended plan. The feasibility

report shall also include the views of other Federal agencies and

non-Federal agencies with regard to the recommended plan, a

description of a nonstructural alternative to the recommended plan

when such plan does not have significant nonstructural features,

and a description of the Federal and non-Federal participation in

such plan, and shall demonstrate that States, other non-Federal

interests, and Federal agencies have been consulted in the

development of the recommended plan. This subsection shall not

apply to (1) any study with respect to which a report has been

submitted to Congress before November 17, 1986, (2) any study for a

project, which project is authorized for construction by this Act

and is not subject to section 903(b), (3) any study for a project

which is authorized under any of the following sections: section

205 of the Flood Control Act of 1948 (33 U.S.C. 701s), section 2 of

the Flood Control Act of August 28, 1946 (33 U.S.C. 701r),(!1)

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),

and (4) general studies not intended to lead to recommendation of a

specific water resources project.

(b) Reconnaissance studies

Before initiating any feasibility study under subsection (a) of

this section after November 17, 1986, the Secretary shall first

perform, at Federal expense, a reconnaissance study of the water

resources problem in order to identify potential solutions to such

problem in sufficient detail to enable the Secretary to determine

whether or not planning to develop a project should proceed to the

preparation of a feasibility report. Such reconnaissance study

shall include a preliminary analysis of the Federal interest,

costs, benefits, and environmental impacts of such project, and an

estimate of the costs of preparing the feasibility report. The

duration of a reconnaissance study shall normally be no more than

twelve months, but in all cases is to be limited to eighteen

months.

(c) Benefits to Indian tribes

For purposes of studies undertaken pursuant to this section, the

Secretary is authorized to consider benefits which may accrue to

Indian tribes as a result of a project resulting from such a study.

(d) Use of standard and uniform procedures and practices

The Secretary shall undertake such measures as are necessary to

ensure that standard and uniform procedures and practices are

followed by each district office (and each division office for any

area in which there is no district office) of the United States

Army Corps of Engineers in the preparation of feasibility reports

on water resources projects.

(e) Enhanced public participation

(1) In general

The Secretary shall establish procedures to enhance public

participation in the development of each feasibility study under

subsection (a) of this section, including, if appropriate,

establishment of a stakeholder advisory group to assist the

Secretary with the development of the study.

(2) Membership

If the Secretary provides for the establishment of a

stakeholder advisory group under this subsection, the membership

of the advisory group shall include balanced representation of

social, economic, and environmental interest groups, and such

members shall serve on a voluntary, uncompensated basis.

(3) Limitation

Procedures established under this subsection shall not delay

development of any feasibility study under subsection (a) of this

section.

-SOURCE-

(Pub. L. 99-662, title IX, Sec. 905, Nov. 17, 1986, 100 Stat. 4185;

Pub. L. 106-541, title II, Sec. 222(a), Dec. 11, 2000, 114 Stat.

2597.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a), 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.

Section 903(b), referred to in subsec. (a), is section 903(b) of

Pub. L. 99-662, title IX, Nov. 17, 1986, 100 Stat. 4184, which is

not classified to the Code.

Section 2 of the Flood Control Act of August 28, 1946 (33 U.S.C.

701r), referred to in subsec. (a), probably should be a reference

to "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)", as the probable intent of Congress. Such latter

reference appears in an earlier version of H.R. 6 which became Pub.

L. 99-662, and also appears in section 915(h) of Pub. L. 99-662,

which is classified to section 2290(h) of this title.

-MISC1-

AMENDMENTS

2000 - Subsec. (e). Pub. L. 106-541 added subsec. (e).

NATIONAL ACADEMY OF SCIENCES STUDY

Pub. L. 106-541, title II, Sec. 216, Dec. 11, 2000, 114 Stat.

2595, provided that:

"(a) Definitions. - In this section, the following definitions

apply:

"(1) Academy. - The term 'Academy' means the National Academy

of Sciences.

"(2) Method. - The term 'method' means a method, model,

assumption, or other pertinent planning tool used in conducting

an economic or environmental analysis of a water resources

project, including the formulation of a feasibility report.

"(3) Feasibility report. - The term 'feasibility report' means

each feasibility report, and each associated environmental impact

statement and mitigation plan, prepared by the Corps of Engineers

for a water resources project.

"(4) Water resources project. - The term 'water resources

project' means a project for navigation, a project for flood

control, a project for hurricane and storm damage reduction, a

project for emergency streambank and shore protection, a project

for ecosystem restoration and protection, and a water resources

project of any other type carried out by the Corps of Engineers.

"(b) Independent peer review of projects. -

"(1) In general. - Not later than 90 days after the date of

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

Army] shall contract with the Academy to study, and make

recommendations relating to, the independent peer review of

feasibility reports.

"(2) Study elements. - In carrying out a contract under

paragraph (1), the Academy shall study the practicality and

efficacy of the independent peer review of the feasibility

reports, including -

"(A) the cost, time requirements, and other considerations

relating to the implementation of independent peer review; and

"(B) objective criteria that may be used to determine the

most effective application of independent peer review to

feasibility reports for each type of water resources project.

"(3) Academy report. - Not later than 1 year after the date of

a contract under paragraph (1), the Academy shall submit to the

Secretary, 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 -

"(A) the results of the study conducted under paragraphs (1)

and (2); and

"(B) in light of the results of the study, specific

recommendations, if any, on a program for implementing

independent peer review of feasibility reports.

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

be appropriated to carry out this subsection $1,000,000, to

remain available until expended.

"(c) Independent Peer Review of Methods for Project Analysis. -

"(1) In general. - Not later than 90 days after the date of

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

Army] shall contract with the Academy to conduct a study that

includes -

"(A) a review of state-of-the-art methods;

"(B) a review of the methods currently used by the Secretary;

"(C) a review of a sample of instances in which the Secretary

has applied the methods identified under subparagraph (B) in

the analysis of each type of water resources project; and

"(D) a comparative evaluation of the basis and validity of

state-of-the-art methods identified under subparagraph (A) and

the methods identified under subparagraphs (B) and (C).

"(2) Academy report. - Not later than 1 year after the date of

a contract under paragraph (1), the Academy shall transmit to the

Secretary, 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 -

"(A) the results of the study conducted under paragraph (1);

and

"(B) in light of the results of the study, specific

recommendations for modifying any of the methods currently used

by the Secretary for conducting economic and environmental

analyses of water resources projects.

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

be appropriated to carry out this subsection $2,000,000. Such

sums shall remain available until expended."

ENGINEERING CONSULTING SERVICES

Pub. L. 106-541, title II, Sec. 219, Dec. 11, 2000, 114 Stat.

2596, provided that: "In conducting a feasibility study for a water

resources project, the Secretary [of the Army], to the maximum

extent practicable, should not employ a person for engineering and

consulting services if the same person is also employed by the

non-Federal interest for such services unless there is only 1

qualified and responsive bidder for such services."

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

33 USC Sec. 2283 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2283. Fish and wildlife mitigation

-STATUTE-

(a) Steps to be taken prior to or concurrently with construction

(1) In the case of any water resources project which is

authorized to be constructed by the Secretary before, on, or after

November 17, 1986, construction of which has not commenced as of

November 17, 1986, and which necessitates the mitigation of fish

and wildlife losses, including the acquisition of lands or

interests in lands to mitigate losses to fish and wildlife, as a

result of such project, such mitigation, including acquisition of

the lands or interests -

(A) shall be undertaken or acquired before any construction of

the project (other than such acquisition) commences, or

(B) shall be undertaken or acquired concurrently with lands and

interests in lands for project purposes (other than mitigation of

fish and wildlife losses),

whichever the Secretary determines is appropriate, except that any

physical construction required for the purposes of mitigation may

be undertaken concurrently with the physical construction of such

project.

(2) For the purposes of this subsection, any project authorized

before November 17, 1986, on which more than 50 percent of the land

needed for the project, exclusive of mitigation lands, has been

acquired shall be deemed to have commenced construction under this

subsection.

(b) Acquisition of lands or interests in lands for mitigation

(1) After consultation with appropriate Federal and non-Federal

agencies, the Secretary is authorized to mitigate damages to fish

and wildlife resulting from any water resources project under his

jurisdiction, whether completed, under construction, or to be

constructed. Such mitigation may include the acquisition of lands,

or interests therein, except that -

(A) acquisition under this paragraph shall not be by

condemnation in the case of projects completed as of November 17,

1986, or on which at least 10 percent of the physical

construction on the project has been completed as of November 17,

1986; and

(B) acquisition of water, or interests therein, under this

paragraph, shall not be by condemnation.

The Secretary, shall, under the terms of this paragraph, obligate

no more than $30,000,000 in any fiscal year. With respect to any

water resources project, the authority under this subsection shall

not apply to measures that cost more than $7,500,000 or 10 percent

of the cost of the project, whichever is greater.

(2) Whenever, after his review, the Secretary determines that

such mitigation features under this subsection are likely to

require condemnation under subparagraph (A) or (B) of paragraph (1)

of this subsection, the Secretary shall transmit to Congress a

report on such proposed modification, together with his

recommendations.

(c) Allocation of mitigation costs

Costs incurred after November 17, 1986, including lands,

easements, rights-of-way, and relocations, for implementation and

operation, maintenance, and rehabilitation to mitigate damages to

fish and wildlife shall be allocated among authorized project

purposes in accordance with applicable cost allocation procedures,

and shall be subject to cost sharing or reimbursement to the same

extent as such other project costs are shared or reimbursed, except

that when such costs are covered by contracts entered into prior to

November 17, 1986, such costs shall not be recovered without the

consent of the non-Federal interests or until such contracts are

complied with or renegotiated.

(d) Mitigation plans as part of project proposals

(1) In general

After November 17, 1986, the Secretary shall not submit any

proposal for the authorization of any water resources project to

the Congress unless such report contains (A) a recommendation

with a specific plan to mitigate fish and wildlife losses created

by such project, or (B) a determination by the Secretary that

such project will have negligible adverse impact on fish and

wildlife. Specific mitigation plans shall ensure that impacts to

bottomland hardwood forests are mitigated in-kind, to the extent

possible. In carrying out this subsection, the Secretary shall

consult with appropriate Federal and non-Federal agencies.

(2) Design of mitigation projects

The Secretary shall design mitigation projects to reflect

contemporary understanding of the science of mitigating the

adverse environmental impacts of water resources projects.

(e) First enhancement costs as Federal costs

In those cases when the Secretary, as part of any report to

Congress, recommends activities to enhance fish and wildlife

resources, the first costs of such enhancement shall be a Federal

cost when -

(1) such enhancement provides benefits that are determined to

be national, including benefits to species that are identified by

the National Marine Fisheries Service as of national economic

importance, species that are subject to treaties or international

convention to which the United States is a party, and anadromous

fish;

(2) such enhancement is designed to benefit species that have

been listed as threatened or endangered by the Secretary of the

Interior under the terms of the Endangered Species Act, as

amended (16 U.S.C. 1531, et seq.), or

(3) such activities are located on lands managed as a national

wildlife refuge.

When benefits of enhancement do not qualify under the preceding

sentence, 25 percent of such first costs of enhancement shall be

provided by non-Federal interests under a schedule of reimbursement

determined by the Secretary. Not more than 80 percent of the

non-Federal share of such first costs may be satisfied through

in-kind contributions, including facilities, supplies, and services

that are necessary to carry out the enhancement project. The

non-Federal share of operation, maintenance, and rehabilitation of

activities to enhance fish and wildlife resources shall be 25

percent.

(f) National benefits from enhancement measures for Atchafalaya

Floodway System and Mississippi Delta Region projects

Fish and wildlife enhancement measures carried out as part of the

project for Atchafalaya Floodway System, Louisiana, authorized by

Public Law 99-88, and the project for Mississippi Delta Region,

Louisiana, authorized by the Flood Control Act of 1965, shall be

considered to provide benefits that are national for purposes of

this section.

(g) Fish and Wildlife Coordination Act supplementation

The provisions of subsections (a), (b), and (d) of this section

shall be deemed to supplement the responsibility and authority of

the Secretary pursuant to the Fish and Wildlife Coordination Act

[16 U.S.C. 661 et seq.], and nothing in this section is intended to

affect that Act.

-SOURCE-

(Pub. L. 99-662, title IX, Sec. 906, Nov. 17, 1986, 100 Stat. 4186;

Pub. L. 102-580, title III, Sec. 333(a), Oct. 31, 1992, 106 Stat.

4852; Pub. L. 106-53, title II, Sec. 221, Aug. 17, 1999, 113 Stat.

295; Pub. L. 106-541, title II, Sec. 224(a), Dec. 11, 2000, 114

Stat. 2597.)

-REFTEXT-

REFERENCES IN TEXT

The Endangered Species Act, as amended, referred to in subsec.

(e)(2), probably means the Endangered Species Act of 1973, Pub. L.

93-205, Dec. 28, 1973, 87 Stat. 884, as amended, which is

classified generally to chapter 35 (Sec. 1531 et seq.) of Title 16,

Conservation. For complete classification of this Act to the Code,

see Short Title note set out under section 1531 of Title 16 and

Tables.

Public Law 99-88, referred to in subsec. (f), is Pub. L. 99-88,

Aug. 15, 1985, 99 Stat. 293, known as the Supplemental

Appropriations Act, 1985. Provisions of Pub. L. 99-88 authorizing

the project for the Atchafalaya Floodway System, Louisiana, are not

classified to the Code. For complete classification of this Act to

the Code, see Tables.

The Flood Control Act of 1965, referred to in subsec. (f), is

title II of Pub. L. 89-298, Oct. 27, 1965, 79 Stat. 1073.

Provisions of that Act authorizing the project for Mississippi

Delta Region, Louisiana, are not classified to the Code. For

complete classification of this Act to the Code, see Tables.

The Fish and Wildlife Coordination Act referred to in subsec.

(g), is act Mar. 10, 1934, ch. 55, 48 Stat. 401, as amended, which

is classified generally to sections 661 to 666c of Title 16,

Conservation. For complete classification of this Act to the Code,

see Short Title note set out under section 661 of Title 16 and

Tables.

-MISC1-

AMENDMENTS

2000 - Subsec. (d). Pub. L. 106-541 inserted subsec. heading,

designated existing provisions as par. (1), inserted par. heading,

realigned margins, substituted "November 17, 1986" for "the date of

enactment of this Act", redesignated former cls. (1) and (2) as (A)

and (B), respectively, and added par. (2).

1999 - Subsec. (e). Pub. L. 106-53 inserted after second sentence

"Not more than 80 percent of the non-Federal share of such first

costs may be satisfied through in-kind contributions, including

facilities, supplies, and services that are necessary to carry out

the enhancement project."

1992 - Subsec. (c). Pub. L. 102-580 inserted ", including lands,

easements, rights-of-way, and relocations," before "for

implementation and operation".

CONCURRENT MITIGATION

Pub. L. 106-541, title II, Sec. 224(b), Dec. 11, 2000, 114 Stat.

2598, provided that:

"(1) Investigation. -

"(A) In general. - The Comptroller General shall conduct an

investigation of the effectiveness of the concurrent mitigation

requirements of section 906 of the Water Resources Development

Act of 1986 (33 U.S.C. 2283). In carrying out the investigation,

the Comptroller General shall determine -

"(i) whether or not there are instances in which less than 50

percent of required mitigation is completed before initiation

of project construction and the number of such instances; and

"(ii) the extent to which mitigation projects restore natural

hydrologic conditions, restore native vegetation, and otherwise

support native fish and wildlife species.

"(B) Special rule. - In carrying out subparagraph (A)(ii), the

Comptroller General shall -

"(i) establish a panel of independent scientists, comprised

of individuals with expertise and experience in applicable

scientific disciplines, to assist the Comptroller General; and

"(ii) assess methods used by the Corps of Engineers to

monitor and evaluate mitigation projects, and compare Corps of

Engineers mitigation project design, construction, monitoring,

and evaluation practices with those used in other publicly and

privately financed mitigation projects.

"(2) Report. - Not later than 1 year after the date of enactment

of this Act [Dec. 11, 2000], the Comptroller General shall transmit

to Congress a report on the results of the investigation."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 652, 2211, 2213 of this

title.

-End-

-CITE-

33 USC Sec. 2284 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2284. Benefits and costs attributable to environmental

measures

-STATUTE-

In the evaluation by the Secretary of benefits and costs of a

water resources project, the benefits attributable to measures

included in a project for the purpose of environmental quality,

including improvement of the environment and fish and wildlife

enhancement, shall be deemed to be at least equal to the costs of

such measures.

-SOURCE-

(Pub. L. 99-662, title IX, Sec. 907, Nov. 17, 1986, 100 Stat.

4188.)

-End-

-CITE-

33 USC Sec. 2284a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2284a. Benefits to navigation

-STATUTE-

In evaluating potential improvements to navigation and the

maintenance of navigation projects, the Secretary shall consider,

and include for purposes of project justification, economic

benefits generated by cruise ships as commercial navigation

benefits.

-SOURCE-

(Pub. L. 104-303, title II, Sec. 230, Oct. 12, 1996, 110 Stat.

3704.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1996, and not as part of the Water Resources Development Act

of 1986 which comprises this chapter.

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 104-303, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 2284b 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2284b. Scenic and aesthetic considerations

-STATUTE-

In conducting studies of potential water resources projects, the

Secretary shall consider measures to preserve and enhance scenic

and aesthetic qualities in the vicinity of such projects.

-SOURCE-

(Pub. L. 104-303, title II, Sec. 232, Oct. 12, 1996, 110 Stat.

3704.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1996, and not as part of the Water Resources Development Act

of 1986 which comprises this chapter.

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 104-303, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 2285 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2285. Environmental Protection and Mitigation Fund

-STATUTE-

There is established an Environmental Protection and Mitigation

Fund. There is authorized to be appropriated to such fund

$35,000,000 for fiscal years beginning after September 30, 1986.

Amounts in the fund (!1) shall be available for undertaking, in

advance of construction of any water resources project authorized

to be constructed by the Secretary, such measures authorized as

part of such project, including the acquisition of lands and

interests therein, as may be necessary to ensure that

project-induced losses to fish and wildlife production and habitat

will be mitigated. The Secretary shall reimburse the Fund for any

amounts expended under this section for a water resources project

from the first appropriations made for construction, including

planning and designing, of such project.

-SOURCE-

(Pub. L. 99-662, title IX, Sec. 908, Nov. 17, 1986, 100 Stat.

4188.)

-FOOTNOTE-

(!1) So in original. Probably should be capitalized.

-End-

-CITE-

33 USC Sec. 2286 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2286. Acceptance of certain funds for mitigation

-STATUTE-

The Secretary is authorized to accept funds from any entity,

public or private, in accordance with the Pacific Northwest

Electric Power Planning and Conservation Act [16 U.S.C. 839 et

seq.] to be used to protect, mitigate, and enhance fish and

wildlife in connection with projects constructed or operated by the

Secretary. The Secretary may accept and use funds for such purposes

without regard to any limitation established under any other

provision of law or rule of law.

-SOURCE-

(Pub. L. 99-662, title XI, Sec. 1146, Nov. 17, 1986, 100 Stat.

4253.)

-REFTEXT-

REFERENCES IN TEXT

The Pacific Northwest Electric Power Planning and Conservation

Act, referred to in text, is Pub. L. 96-501, Dec. 5, 1980, 94 Stat.

2697, which is classified principally to chapter 12H (Sec. 839 et

seq.) of Title 16, Conservation. For complete classification of

this Act to the Code, see Short Title note set out under section

839 of Title 16 and Tables.

-End-

-CITE-

33 USC Sec. 2287 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2287. Continued planning and investigations

-STATUTE-

(a) Pre-authorization planning and engineering

After the Chief of Engineers transmits his recommendations for a

water resources development project to the Secretary for

transmittal to the Congress, as authorized in section 701-1 of this

title, and before authorization for construction of such project,

the Chief of Engineers is authorized to undertake continued

planning and engineering (other than preparation of plans and

specifications) for such project if the Chief of Engineers finds

that the project is without substantial controversy and justifies

further engineering, economic, and environmental investigations and

the Chief of Engineers transmits to the Committee on Public Works

and Transportation of the House of Representatives and the

Committee on Environment and Public Works of the Senate a statement

of such findings. In the one-year period after authorization for

construction of such project, the Chief of Engineers is authorized

to undertake planning, engineering, and design for such project.

(b) Omitted

(c) Authorizations as additions to other authorizations

The authorization made by this section shall be in addition to

any other authorizations for planning, engineering, and design of

water resources development projects and shall not be construed as

a limitation on any other such authorization.

-SOURCE-

(Pub. L. 99-662, title IX, Sec. 910, Nov. 17, 1986, 100 Stat.

4189.)

-COD-

CODIFICATION

Subsec. (b) of this section, which required the Secretary to

prepare and transmit an annual report to certain committees of

Congress on activities undertaken under this section, terminated,

effective May 15, 2000, pursuant to section 3003 of Pub. L. 104-66,

as amended, set out as a note under section 1113 of Title 31, Money

and Finance. See, also, page 72 of House Document No. 103-7.

-CHANGE-

CHANGE OF NAME

Committee on Public Works and Transportation of House of

Representatives treated as referring to Committee on Transportation

and Infrastructure of House of Representatives by section 1(a) of

Pub. L. 104-14, set out as a note preceding section 21 of Title 2,

The Congress.

-End-

-CITE-

33 USC Sec. 2288 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2288. Review of cost effectiveness of design

-STATUTE-

During the design of each water resources project which has a

total cost in excess of $10,000,000, which is authorized before,

on, or after November 17, 1986, and undertaken by the Secretary,

and on which construction has not been initiated as of November 17,

1986, the Secretary shall require a review of the cost

effectiveness of such design. The review shall employ cost control

techniques which will ensure that such project is designed in the

most cost-effective way for the life of the project.

-SOURCE-

(Pub. L. 99-662, title IX, Sec. 911, Nov. 17, 1986, 100 Stat.

4189.)

-End-

-CITE-

33 USC Sec. 2289 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2289. Urban and rural flood control frequency

-STATUTE-

In the preparation of feasibility reports for projects for flood

damage prevention in urban and rural areas, the Secretary may

consider and evaluate measures to reduce or eliminate damages from

flooding without regard to frequency of flooding, drainage area,

and amount of runoff. This section shall apply with respect to any

project, or separable element thereof, the Federal share of the

cost of which is less than $3,000,000.

-SOURCE-

(Pub. L. 99-662, title IX, Sec. 914, Nov. 17, 1986, 100 Stat.

4190.)

-End-

-CITE-

33 USC Sec. 2290 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2290. Flood control in Trust Territory of the Pacific Islands

-STATUTE-

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.

-SOURCE-

(Pub. L. 99-662, title IX, Sec. 915(h), Nov. 17, 1986, 100 Stat.

4191.)

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-End-

-CITE-

33 USC Sec. 2291 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2291. Federal Project Repayment District

-STATUTE-

(a) The Secretary may enter into a contract providing for the

payment or recovery of an appropriate share of the costs of a

project under his responsibility with a Federal Project Repayment

District or other political subdivision of a State prior to the

construction, operation, improvement, or financing of such project.

The Federal Project Repayment District shall include lands and

improvements which receive identifiable benefits from the

construction or operation of such project. Such districts shall be

established in accordance with State law, shall have specific

boundaries which may be changed from time to time based upon

further evaluations of benefits, and shall have the power to

recover benefits through any cost-recovery approach that is

consistent with State law and satisfies the applicable

cost-recovery requirement under subsection (b) of this section.

(b) Prior to execution of an agreement pursuant to subsection (a)

of this section, the Secretary shall require and approve a study

from the State or political subdivision demonstrating that the

revenues to be derived from a contract under this section, or an

agreement with a Federal Project Repayment District, will be

sufficient to equal or exceed the cost recovery requirements over

the term of repayment required by Federal law.

-SOURCE-

(Pub. L. 99-662, title IX, Sec. 916, Nov. 17, 1986, 100 Stat. 4191;

Pub. L. 100-676, Sec. 15, Nov. 17, 1988, 102 Stat. 4026.)

-MISC1-

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-676 substituted "have the power

to recover benefits through any cost-recovery approach that is

consistent with State law and satisfies the applicable

cost-recovery requirement under subsection (b) of this section" for

"include the power to collect a portion of the transfer price from

any transaction involving the sale, transfer, or change in

beneficial ownership of lands and improvements within the district

boundaries".

-End-

-CITE-

33 USC Sec. 2292 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2292. Surveying and mapping

-STATUTE-

Any surveying or mapping services to be performed in connection

with a water resources project which is or has been authorized to

be undertaken by the Secretary shall be procured in accordance with

title IX of the Federal Property and Administrative Services Act of

1949.(!1)

-SOURCE-

(Pub. L. 99-662, title IX, Sec. 918, Nov. 17, 1986, 100 Stat.

4192.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949,

referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377,

as amended. Title IX of the Act, which was classified generally to

subchapter VI (Sec. 541 et seq.) of chapter 10 of former Title 40,

Public Buildings, Property, and Works, was repealed and reenacted

by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,

1304, as chapter 11 (Sec. 1101 et seq.) of Title 40, Public

Buildings, Property, and Works. For disposition of sections of

former Title 40 to revised Title 40, see Table preceding section

101 of Title 40. For complete classification of this Act to the

Code, see Tables.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

33 USC Sec. 2293 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2293. Reprogramming during national emergencies

-STATUTE-

(a) Termination or deferment of civil works projects; application

of resources to national defense projects

In the event of a declaration of war or a declaration by the

President of a national emergency in accordance with the National

Emergencies Act [50 U.S.C. 1601 et seq.] that requires or may

require use of the Armed Forces, the Secretary, without regard to

any other provision of law, may (1) terminate or defer the

construction, operation, maintenance, or repair of any Department

of the Army civil works project that he deems not essential to the

national defense, and (2) apply the resources of the Department of

the Army's civil works program, including funds, personnel, and

equipment, to construct or assist in the construction, operation,

maintenance, and repair of authorized civil works, military

construction, and civil defense projects that are essential to the

national defense.

(b) Termination of state of war or national emergency

The Secretary shall immediately notify the appropriate committees

of Congress of any actions taken pursuant to the authorities

provided by this section, and cease to exercise such authorities

not later than 180 calendar days after the termination of the state

of war or national emergency, whichever occurs later.

-SOURCE-

(Pub. L. 99-662, title IX, Sec. 923, Nov. 17, 1986, 100 Stat.

4194.)

-REFTEXT-

REFERENCES IN TEXT

The National Emergencies Act, referred to in subsec. (a), is Pub.

L. 94-412, Sept. 14, 1976, 90 Stat. 1255, as amended, which is

classified principally to chapter 34 (Sec. 1601 et seq.) of Title

50, War and National Defense. For complete classification of this

Act to the Code, see Short Title note set out under section 1601 of

Title 50 and Tables.

-End-

-CITE-

33 USC Sec. 2294 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2294. Office of Environmental Policy

-STATUTE-

The Secretary shall establish in the Directorate of Civil Works

of the Office of the Chief of Engineers an Office of Environmental

Policy. Such Office shall be responsible for the formulation,

coordination, and implementation of all matters concerning

environmental quality and policy as they relate to the water

resources program of the United States Army Corps of Engineers.

Such Office shall, among other things, develop, and monitor

compliance with, guidelines for the consideration of environmental

quality in formulation and planning of water resources projects

carried out by the Secretary, the preparation and coordination of

environmental impact statements for such projects, and the

coordination with Federal, State, and local agencies of

environmental aspects of such projects and regulatory

responsibilities of the Secretary.

-SOURCE-

(Pub. L. 99-662, title IX, Sec. 924, Nov. 17, 1986, 100 Stat.

4194.)

-End-

-CITE-

33 USC Sec. 2295 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2295. Compilation of laws; annual reports

-STATUTE-

(a) Federal laws relating to improvements of rivers and harbors,

flood control, beach erosion, and other water resources

development

Within one year after November 17, 1986, the laws of the United

States relating to the improvement of rivers and harbors, flood

control, beach erosion, and other water resources development

enacted after November 8, 1966, and before January 1, 1987, shall

be compiled under the direction of the Secretary and the Chief of

Engineers and printed for the use of the Department of the Army,

the Congress, and the general public. The Secretary shall reprint

the volumes containing such laws enacted before November 8, 1966.

In addition, the Secretary shall include an index in each volume so

compiled or reprinted. The Secretary shall transmit copies of each

such volume to Congress.

(b) Annual report

The Secretary shall prepare and submit the annual report required

by section 556 of this title, in two volumes. Volume I shall

consist of a summary and highlights of Corps of Engineers'

activities, authorities, and accomplishments. Volume II shall

consist of detailed information and field reports on Corps of

Engineers' activities. The Secretary shall publish an index with

each annual report.

(c) Biennial reports for each State

The Secretary shall prepare biennially for public information a

report for each State containing a description of each water

resources project under the jurisdiction of the Secretary in such

State and the status of each such project. Each report shall

include an index. The report for each State shall be prepared in a

separate volume. The reports under this subsection shall be

published at the same time and the first such reports shall be

published not later than one year after November 17, 1986.

-SOURCE-

(Pub. L. 99-662, title IX, Sec. 925, Nov. 17, 1986, 100 Stat.

4194.)

-End-

-CITE-

33 USC Sec. 2296 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2296. Acquisition of recreation lands

-STATUTE-

(a) In the case of any water resources project which is

authorized to be constructed by the Secretary before, on, or after

November 17, 1986, construction of which has not commenced before

November 17, 1986, and which involves the acquisition of lands or

interests in lands for recreation purposes, such lands or interests

shall be acquired along with the acquisition of lands and interests

in lands for other project purposes.

(b) The Secretary is authorized to acquire real property by

condemnation, purchase, donation, exchange, or otherwise, as a part

of any water resources development project for use for public park

and recreation purposes, including but not limited to, real

property not contiguous to the principal part of the project.

-SOURCE-

(Pub. L. 99-662, title IX, Sec. 926, Nov. 17, 1986, 100 Stat.

4195.)

-End-

-CITE-

33 USC Sec. 2297 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2297. Operation and maintenance on recreation lands

-STATUTE-

The Secretary shall not require, under section 460d of title 16,

and the Federal Water Project Recreation Act [16 U.S.C. 460l-12 et

seq.], non-Federal interests to assume operation and maintenance of

any recreational facility operated by the Secretary at any water

resources project as a condition to the construction of new

recreational facilities at such project or any other water

resources project.

-SOURCE-

(Pub. L. 99-662, title IX, Sec. 927, Nov. 17, 1986, 100 Stat.

4195.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Water Project Recreation Act, referred to in text, is

Pub. L. 89-72, July 9, 1965, 79 Stat. 213, as amended, which is

classified principally to part C (Sec. 460l-12 et seq.) of

subchapter LXIX of chapter 1 of Title 16, Conservation. For

complete classification of this Act to the Code, see Short Title

note set out under section 460l-12 of Title 16 and Tables.

-End-

-CITE-

33 USC Sec. 2298 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2298. Impact of proposed projects on existing recreation

facilities

-STATUTE-

Any report describing a project having recreation benefits that

is submitted after November 17, 1986, to the Committee on

Environment and Public Works of the Senate or the Committee on

Public Works and Transportation of the House of Representatives by

the Secretary, or by the Secretary of Agriculture under authority

of the Watershed Protection and Flood Protection Act (68 Stat. 666;

16 U.S.C. 1001 et seq.), shall describe the usage of other, similar

public recreational facilities within the general area of the

project, and the anticipated impact of the proposed project on the

usage of such existing recreational facilities.

-SOURCE-

(Pub. L. 99-662, title IX, Sec. 928, Nov. 17, 1986, 100 Stat.

4195.)

-REFTEXT-

REFERENCES IN TEXT

The Watershed Protection and Flood Prevention Act, referred to in

text, is act Aug. 4, 1954, ch. 656, 68 Stat. 666, as amended, which

is classified generally to chapter 18 (Sec. 1001 et seq.) of Title

16, Conservation. For complete classification of this Act to the

Code, see Short Title note set out under section 1001 of Title 16

and Tables.

-CHANGE-

CHANGE OF NAME

Committee on Public Works and Transportation of House of

Representatives treated as referring to Committee on Transportation

and Infrastructure of House of Representatives by section 1(a) of

Pub. L. 104-14, set out as a note preceding section 21 of Title 2,

The Congress.

-End-

-CITE-

33 USC Sec. 2299 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2299. Acquisition of beach fill

-STATUTE-

Notwithstanding any other provision of law, in any case in which

the use of fill material for beach erosion and beach nourishment is

authorized as a purpose of an authorized water resources project,

the Secretary is authorized to acquire by purchase, exchange, or

otherwise from nondomestic sources and utilize such material for

such purposes if such materials are not available from domestic

sources for environmental or economic reasons.

-SOURCE-

(Pub. L. 99-662, title IX, Sec. 935, Nov. 17, 1986, 100 Stat.

4197.)

-End-

-CITE-

33 USC Sec. 2300 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2300. Study of Corps capabilities

-STATUTE-

The Secretary shall study and evaluate the measures necessary to

increase the capabilities of the United States Army Corps of

Engineers to undertake the planning and construction of water

resources projects on an expedited basis and to adequately comply

with all requirements of law applicable to the water resources

program of the Corps of Engineers. As part of such study the

Secretary shall consider appropriate measures to increase reliance

on the private sector in the conduct of the water resources program

of the Corps of Engineers. The Secretary shall implement such

measures as may be necessary to improve the capabilities referred

to in the first sentence of this section, including the

establishment of increased levels of personnel, changes in project

planning and construction procedures designed to lessen the time

required for such planning and construction, and procedures for

expediting the coordination of water resources projects with

Federal, State, and local agencies.

-SOURCE-

(Pub. L. 99-662, title IX, Sec. 936, Nov. 17, 1986, 100 Stat.

4197.)

-MISC1-

GAO REVIEW OF CIVIL WORKS PROGRAM

Pub. L. 100-676, Sec. 44, Nov. 17, 1988, 102 Stat. 4041, provided

that: "The Comptroller General of the United States General

Accounting Office is authorized and directed to conduct a review of

the Civil Works Program of the United States Army Corps of

Engineers. This management and administration review shall be

transmitted to Congress, together with any recommendations which

the Comptroller General may make."

-End-

-CITE-

33 USC Secs. 2301, 2302 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Secs. 2301, 2302. Omitted

-COD-

CODIFICATION

Section 2301, Pub. L. 99-662, title IX, Sec. 937, Nov. 17, 1986,

100 Stat. 4198, which required the Secretary of the Army to

transmit to certain committees of Congress annual reports on

electricity generated by water resource projects constructed by the

Secretary and revenues and costs associated with the projects,

terminated, effective May 15, 2000, pursuant to section 3003 of

Pub. L. 104-66, as amended, set out as a note under section 1113 of

Title 31, Money and Finance. See, also, page 72 of House Document

No. 103-7.

Subsec. (a) of section 2302, Pub. L. 99-662, title IX, Sec.

938(a), Nov. 17, 1986, 100 Stat. 4198, which required the Secretary

of the Army to transmit an annual report to certain committees of

Congress describing contracts awarded, broken down by Engineer

District of the Army Corps of Engineers, including the number and

dollar amount of contracts set aside for small business concerns,

awarded to small business or small disadvantaged business concerns,

available for competition by qualified firms of all sizes, and

awarded to other than small business or small disadvantaged

business concerns, terminated, effective May 15, 2000, pursuant to

section 3003 of Pub. L. 104-66, as amended, set out as a note under

section 1113 of Title 31, Money and Finance. See, also, page 69 of

House Document No. 103-7.

Subsec. (b) of section 2302, Pub. L. 99-662, title IX, Sec.

938(b), Nov. 17, 1986, 100 Stat. 4198, directed the Comptroller

General to conduct a study of the contracting procedures of the

Secretary of the Army for civil works projects, examining whether

potential bidders or offerors, regardless of their size, are

allowed to compete fairly in the interest of lowering cost on

contracts for construction, and to report findings and

recommendations to Congress within two years of Nov. 17, 1986.

-End-

-CITE-

33 USC Sec. 2303 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2303. Historical properties

-STATUTE-

The Secretary is authorized to preserve, restore, and maintain

those historic properties located on water resource development

project lands under the jurisdiction of the Department of the Army

if such properties have been entered into the National Register of

Historic Places.

-SOURCE-

(Pub. L. 99-662, title IX, Sec. 943, Nov. 17, 1986, 100 Stat.

4200.)

-End-

-CITE-

33 USC Sec. 2304 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2304. Separability

-STATUTE-

If any provision of this Act, or the application of any provision

of this Act to any person or circumstance, is held invalid, the

application of such provision to other persons or circumstances,

and the remainder of this Act, shall not be affected thereby.

-SOURCE-

(Pub. L. 99-662, title IX, Sec. 949, Nov. 17, 1986, 100 Stat.

4201.)

-REFTEXT-

REFERENCES IN 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.

-End-

-CITE-

33 USC Sec. 2305 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2305. Use of FMHA funds

-STATUTE-

Notwithstanding any other provision of law, Federal assistance

made available by the Farmers Home Administration may be used to

pay the non-Federal share of any other Federal grant-in-aid program

for any project for water resources, including water pollution

control.

-SOURCE-

(Pub. L. 99-662, title IX, Sec. 950, Nov. 17, 1986, 100 Stat.

4201.)

-End-

-CITE-

33 USC Sec. 2306 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2306. Reports

-STATUTE-

If any report required to be transmitted under this Act to the

Committee on Public Works and Transportation of the House of

Representatives or the Committee on Environment and Public Works of

the Senate pertains in whole or in part to fish and wildlife

mitigation, benthic environmental repercussions, or ecosystem

mitigation, the Federal officer required to prepare or transmit

that report also shall transmit a copy of the report to the

Committee on Merchant Marine and Fisheries of the House of

Representatives.

-SOURCE-

(Pub. L. 99-662, title IX, Sec. 951, Nov. 17, 1986, 100 Stat.

4201.)

-REFTEXT-

REFERENCES IN 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.

-CHANGE-

CHANGE OF NAME

Committee on Public Works and Transportation of House of

Representatives treated as referring to Committee on Transportation

and Infrastructure of House of Representatives by section 1(a) of

Pub. L. 104-14, set out as a note preceding section 21 of Title 2,

The Congress.

-TRANS-

ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES

Committee on Merchant Marine and Fisheries of House of

Representatives abolished and its jurisdiction transferred by House

Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Committee on Merchant Marine and Fisheries of House of

Representatives treated as referring to Committee on Resources of

House of Representatives in case of provisions relating to

fisheries, wildlife, international fishing agreements, marine

affairs (including coastal zone management) except for measures

relating to oil and other pollution of navigable waters, or

oceanography by section 1(b)(3) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-End-

-CITE-

33 USC Sec. 2307 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2307. Control of ice

-STATUTE-

(a) Program authority

The Secretary shall undertake a program of research for the

control of ice, and to assist communities in breaking up ice, which

otherwise is likely to cause or aggravate flood damage or severe

streambank erosion.

(b) Assistance to units of local government

The Secretary is further authorized to provide technical

assistance to units of local government to implement local plans to

control or break up such ice. As part of such authority, the

Secretary shall acquire necessary ice-control or ice-breaking

equipment, which shall be loaned to units of local government

together with operating assistance, where appropriate.

(c) Authorization of appropriations

There is authorized to be appropriated $5,000,000 per fiscal year

for each of the fiscal years 1988, 1989, 1990, 1991, and 1992 for

purposes of carrying out subsections (a) and (b) of this section,

such sums to remain available until expended.

(d) Hardwick, Vermont, demonstration program

To implement further the purposes of this section, the Secretary,

in consultation and cooperation with local officials, is authorized

and directed to undertake a demonstration program for the control

of ice at Hardwick, Vermont. The work authorized by this subsection

shall be designed to minimize the danger of flooding due to ice

problems in the vicinity of such community. In the design,

construction, and location of ice-control structures for this

project, full consideration will be given to the recreational,

scenic, and environmental values of the reach of river affected by

the project, in order to minimize project impacts on these values.

Full opportunity shall be given to interested environmental and

recreational organizations to participate in such planning. There

is authorized to be appropriated $900,000 for fiscal years

beginning after September 30, 1986, for the purposes of carrying

out this subsection, such sum to remain available until expended.

(e) Salmon, Idaho, experimental program

(1) The Secretary is directed to complete an experimental program

placing screens in the Salmon River in the vicinity of Salmon,

Idaho, to trap frazil ice, and thus to eliminate flooding caused by

ice dams in the river. Within one year of November 17, 1986, the

Secretary shall report to the Congress on the feasibility of such

experiment, including consideration of any adverse environmental or

social effects that could result from such experiment. If, in the

Secretary's judgment, such experiment is not feasible or

acceptable, the Secretary is authorized to consult with local

public interests to develop a plan that is workable and practical,

and then to submit such plan to Congress.

(2) There is authorized to be appropriated $1,000,000 for fiscal

years beginning after September 30, 1986, for purposes of carrying

out this subsection, such sum to remain available until expended.

(f) Wilmington, Illinois, project

(1) To implement further the purposes of this section, the

Secretary shall carry out a project for the control of ice on the

Kankakee River in the vicinity of Wilmington, Illinois. The

Secretary shall report to Congress not later than one year after

November 17, 1986, and annually thereafter on the effectiveness of

the program under this section with respect to the Kankakee River

in the vicinity of Wilmington, Illinois.

(2) There is authorized to be appropriated $3,000,000 for fiscal

years beginning after September 30, 1986, for purposes of carrying

out this subsection, such sum to remain available until expended.

(g) Cost sharing

Cost sharing applicable to flood control projects under section

2213 of this title shall apply to projects under this section.

(h) Report to Congress

Not later than March 1, 1989, the Secretary shall report to the

Congress on activities under this section.

-SOURCE-

(Pub. L. 99-662, title XI, Sec. 1101, Nov. 17, 1986, 100 Stat.

4223.)

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(f)(1) of this section relating to the requirement that the

Secretary report annually to Congress on the effectiveness of the

program under this section, see section 3003 of Pub. L. 104-66, as

amended, set out as a note under section 1113 of Title 31, Money

and Finance, and page 71 of House Document No. 103-7.

-End-

-CITE-

33 USC Sec. 2308 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2308. Campgrounds for senior citizens

-STATUTE-

(a) Establishment and development

The Secretary may establish and develop separate campgrounds for

individuals sixty-two years of age or older at any lake or

reservoir under the jurisdiction of the Secretary where camping is

permitted.

(b) Control of campground use and access

The Secretary may prescribe regulations to control the use of and

the access to any separate campground established and developed

under subsection (a) of this section.

(c) Authorization of appropriations

There are authorized to be appropriated such sums as may be

necessary for fiscal years beginning after September 30, 1986, to

carry out subsection (a) of this section.

(d) Campground at Sam Rayburn Dam and Reservoir, Texas

The Secretary shall establish and develop the parcel of land

(located in the State of Texas at the Sam Rayburn Dam and

Reservoir) described in subsection (g) of this section as a

separate campground for individuals sixty-two years of age or

older.

(e) Control of use and access to campground at Sam Rayburn Dam and

Reservoir, Texas

The Secretary shall prescribe regulations to control the use of

and the access to the separate campground established and developed

pursuant to subsection (d) of this section.

(f) Authorization of appropriations

There are authorized to be appropriated for fiscal years

beginning after September 30, 1986, $600,000 to carry out

subsection (d) of this section.

(g) Boundaries of campground at Sam Rayburn Dam and Reservoir,

Texas

The parcel of land to be established and developed as a separate

campground pursuant to subsection (d) of this section is a tract of

land of approximately 50 acres which is located in the county of

Angelina in the State of Texas and which is part of the Thomas

Hanks survey. The boundary of the parcel begins at a point at the

corner furthest west of tract numbered 3420 of the Sam Rayburn Dam

and Reservoir:

thence north 81 degrees 30 minutes east, approximately 2,800

feet to a point at the edge of the water;

thence south along the edge of the water approximately 2,600

feet;

thence north 80 degrees 30 minutes west, approximately 1,960

feet to a point at the reentrant corner of tract numbered 3419 of

the Sam Rayburn Dam and Reservoir;

thence along the boundary line of tract numbered 3419 north 46

degrees 15 minutes west, 220 feet to a point at the center line

of a road at the corner common to tract numbered 3419 and tract

numbered 3420;

thence along the southwestern boundary line of tract numbered

3420 north 46 degrees 15 minutes west, 230 feet to a point at the

corner furthest east of tract numbered 3424 of the Sam Rayburn

Dam and Reservoir;

thence along the boundary line of tract numbered 3424 south 32

degrees 4 minutes west, 420 feet to a point;

thence along the boundary line of tract numbered 3424 north 28

degrees 34 minutes west, 170 feet to a point;

thence along the boundary line of tract numbered 3424 north 38

degrees 15 minutes east, 248 feet to a point;

thence along the boundary line of tract numbered 3424 north 32

degrees 44 minutes east, 120 feet to a point at the corner

furthest north of tract numbered 3424;

thence along the southwestern boundary line of tract numbered

3420 north 46 degrees 15 minutes west, 460 feet to the beginning

point.

-SOURCE-

(Pub. L. 99-662, title XI, Sec. 1127, Nov. 17, 1986, 100 Stat.

4245.)

-End-

-CITE-

33 USC Sec. 2309 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2309. Great Lakes Commodities Marketing Board

-STATUTE-

(a) Congressional declaration of purpose

To ensure the coordinated economic revitalization and

environmental enhancement of the Great Lakes and their connecting

channels and the Saint Lawrence Seaway (hereinafter in this section

referred to as the "Great Lakes"), known as the "Fourth Seacoast"

of the United States, it is hereby declared to be the intent of

Congress to recognize the importance of the economic vitality of

the Great Lakes region, the importance of exports from the region

in the United States balance of trade, and the need to assure an

environmentally and socially responsible navigation system for the

Great Lakes. Congress finds that the Great Lakes provide a

diversity of agricultural, commercial, environmental, recreational,

and related opportunities based on their extensive water resources

and water transportation systems.

(b) Establishment; strategy development; composition of Board;

Director; report; termination

(1) There is hereby established a Board to be known as the Great

Lakes Commodities Marketing Board (hereinafter in this subsection

referred to as the "Board").

(2)(A) The Board shall develop a strategy to improve the capacity

of the Great Lakes region to produce, market, and transport

commodities in a timely manner and to maximize the efficiency and

benefits of marketing products produced in the Great Lakes region

and products shipped through the Great Lakes.

(B) The strategy shall address, among other things, environmental

issues relating to transportation on the Great Lakes and marketing

difficulties experienced due to late harvest seasons in the Great

Lakes region. The strategy shall include, as appropriate

alternative storage, sales, marketing, multimodal transportation

systems, and other systems, to assure optimal economic benefits to

the region from agricultural and other commercial activities. The

strategy shall develop -

(i) methods to improve and promote both bulk and general cargo

trade through Great Lakes ports;

(ii) methods to accelerate the movement of grains and other

agricultural commodities through the Great Lakes;

(iii) methods to provide needed flexibility to farmers in the

Great Lakes region to market grains and other agricultural

commodities; and

(iv) methods and materials to promote trade from the Great

Lakes region and through Great Lakes ports, particularly with

European, Mediterranean, African, Caribbean, Central American,

and South American nations.

(C) In developing the strategy, the Board shall conduct and

consider the results of -

(i) an analysis of the feasibility and costs of using iron ore

vessels, which are not being utilized, to move grain and other

agricultural commodities on the Great Lakes;

(ii) an economic analysis of transshipping such commodities

through Montreal, Canada, and other ports;

(iii) an analysis of the economic feasibility of storing such

commodities during the non-navigation season of the Great Lakes

and the feasibility of and need for construction of new storage

facilities for such commodities;

(iv) an analysis of the constraints on the flexibility of

farmers in the Great Lakes region to market grains and other

agricultural commodities, including harvest dates for such

commodities and the availability of transport and storage

facilities for such commodities; and

(v) an analysis of the amount of grain and other agricultural

commodities produced in the United States which are being

diverted to Canada by rail but which could be shipped on the

Great Lakes if vessels were available for shipping such products

during the navigation season.

(D) In developing the strategy, the Board shall consider weather

problems and related costs and marketing problems resulting from

the late harvest of agricultural commodities (including wheat and

sunflower seeds) in the Great Lakes region.

(E) In developing the strategy, the Board shall consult United

States ports on the Great Lakes and their users, including farm

organizations (such as wheat growers and soybean growers), port

authorities, water carrier organizations, and other interested

persons.

(3) The Board shall be composed of seven members as follows:

(A) the chairman of the Great Lakes Commission or his or her

delegate,

(B) the Secretary or his or her delegate,

(C) the Secretary of Transportation or his or her delegate,

(D) the Secretary of Commerce or his or her delegate,

(E) the Administrator of the Saint Lawrence Seaway Development

Corporation or his or her delegate,

(F) the Secretary of Agriculture or his or her delegate, and

(G) the Administrator of the Environmental Protection Agency or

his or her delegate.

(4)(A) Members of the Board shall serve for the life of the

Board.

(B) Members of the Board shall serve without pay and those

members who are full time officers or employees of the United

States shall receive no additional pay by reason of their service

on the Board, except that members of the Board shall be allowed

travel or transportation expenses under subchapter I of chapter 57

of title 5 while away from their homes or regular places of

business and engaged in the actual performance of duties vested in

the Board.

(C) Four members of the Board shall constitute a quorum but a

lesser number may hold hearings.

(D) The co-chairmen of the Board shall be the Secretary or his or

her delegate and the Administrator of the Saint Lawrence Seaway

Development Corporation or his or her delegate.

(E) The Board shall meet at the call of the co-chairmen or a

majority of its members.

(5)(A) The Board shall, without regard to section 5311(b) (!1) of

title 5, have a Director, who shall be appointed by the Board and

shall be paid at a rate which the Board considers appropriate.

(B) Subject to such rules as may be prescribed by the Board,

without regard to 5311(b) (!1) of title 5, the Board may appoint

and fix the pay of such additional personnel as the Board considers

appropriate.

(C) Upon request of the Board, the head of any Federal agency is

authorized to detail, on a reimbursable basis, any of the personnel

of such agency to the Board to assist the Board in carrying out its

duties under this subsection.

(6)(A) The Board may, for purposes of carrying out this

subsection, hold such hearings, sit and act at such times and

places, take such testimony, and receive such evidence, as the

Board considers appropriate.

(B) Any member or agent of the Board may, if so authorized by the

Board, take any action which the Board is authorized to take by

this paragraph.

(C) The Board may secure directly from any department or agency

of the United States any information necessary to enable it to

carry out this subsection. Upon request of the co-chairmen of the

Board, the head of such department or agency shall furnish such

information to the Board.

(D) The Board may use the United States mail in the same manner

and under the same conditions as other departments and agencies of

the United States.

(E) The Administrator of General Services shall provide to the

Board on a reimbursable basis such administrative support services

as the Board may request.

(7) Not later than September 30, 1989, the Board shall transmit

to the President and to each House of the Congress a report stating

the strategy developed under this subsection and the results of

each analysis conducted under this subsection. Such report shall

contain a detailed statement of the findings and conclusions of the

Board together with its recommendations for such legislative and

administrative actions as it considers appropriate to carry out

such strategy and to assure maximum economic benefits to the users

of the Great Lakes and to the Great Lakes region.

(8) The Board shall cease to exist 180 days after submitting its

report pursuant to this subsection.

(9) The non-Federal share of the cost of carrying out this

subsection shall be 25 percent. There is authorized to be

appropriated such sums as may be necessary to carry out the Federal

share of this subsection for fiscal years beginning after September

30, 1986, and ending before October 1, 1990.

(c) International advisory group

(1) The President shall invite the Government of Canada to join

in the formation of an international advisory group whose duty it

shall be (A) to develop a bilateral program for improving

navigation, through a coordinated strategy, on the Great Lakes, and

(B) to conduct investigations on a continuing basis and make

recommendations for a system-wide navigation improvement program to

facilitate optimum use of the Great Lakes. The advisory group shall

be composed of five members representing the United States, five

members representing Canada, and two members from the International

Joint Commission established by the treaty between the United

States and Great Britain relating to boundary waters between the

United States and Canada, signed at Washington, January 11, 1909

(36 Stat. 2448). The five members representing the United States

shall include the Secretary of State, one member of the Great Lakes

Commodities Marketing Board (as designated by the Board), and three

individuals appointed by the President representing commercial,

shipping, and environmental interests, respectively.

(2) The United States representatives to the international

advisory group shall serve without pay and the United States

representatives to the advisory group who are full time officers or

employees of the United States shall receive no additional pay by

reason of their service on the advisory group, except that the

United States representatives shall be allowed travel or

transportation expenses under subchapter I of chapter 57 of title 5

while away from their homes or regular place of business and

engaged in the actual performance of duties vested in the advisory

group.

(3) The international advisory group established by this

subsection shall report to Congress and to the Canadian Parliament

on its progress in carrying out the duties set forth in this

subsection not later than one year after the formation of such

group and biennially thereafter.

(d) Review of environmental, economic, and social impacts of

navigation in United States portion of Great Lakes

The Secretary and the Administrator of the Environmental

Protection Agency, in cooperation with the Secretary of the

Interior, the Administrator of the National Oceanic and Atmospheric

Administration, and other appropriate Federal and non-Federal

entities, shall carry out a review of the environmental, economic,

and social impacts of navigation in the United States portion of

the Great Lakes. In carrying out such review, the Secretary and the

Administrator shall use existing research, studies, and

investigations relating to such impacts to the maximum extent

possible. Special emphasis shall be made in such review of the

impacts of navigation on the shoreline and on fish and wildlife

habitat, including, but not limited to, impacts associated with

resuspension of bottom sediment. The Secretary and the

Administrator shall submit to Congress an interim report of such

review not later than September 30, 1988, and a final report of

such review along with recommendations not later than September 30,

1990.

-SOURCE-

(Pub. L. 99-662, title XI, Sec. 1132, Nov. 17, 1986, 100 Stat.

4246.)

-REFTEXT-

REFERENCES IN TEXT

Section 5311(b) of title 5, referred to in subsec. (b)(5)(A),

(B), was repealed by Pub. L. 101-509, title V, Sec. 529 [title I,

Sec. 104(c)(1)], Nov. 5, 1990, 104 Stat. 1427, 1447.

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(c)(3) of this section relating to the requirement that the

international advisory group report biennially to Congress, see

section 3003 of Pub. L. 104-66, as amended, set out as a note under

section 1113 of Title 31, Money and Finance, and page 193 of House

Document No. 103-7.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

33 USC Sec. 2309a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2309a. Project modifications for improvement of environment

-STATUTE-

(a) Determination of need

The Secretary is authorized to review water resources projects

constructed by the Secretary to determine the need for

modifications in the structures and operations of such projects for

the purpose of improving the quality of the environment in the

public interest and to determine if the operation of such projects

has contributed to the degradation of the quality of the

environment.

(b) Authority to make modifications

The Secretary is authorized to carry out a program for the

purpose of making such modifications in the structures and

operations of water resources projects constructed by the Secretary

which the Secretary determines (1) are feasible and consistent with

the authorized project purposes, and (2) will improve the quality

of the environment in the public interest.

(c) Restoration of environmental quality

(1) In general

If the Secretary determines that construction of a water

resources project by the Secretary or operation of a water

resources project constructed by the Secretary has contributed to

the degradation of the quality of the environment, the Secretary

may undertake measures for restoration of environmental quality

and measures for enhancement of environmental quality that are

associated with the restoration, through modifications either at

the project site or at other locations that have been affected by

the construction or operation of the project, if such measures do

not conflict with the authorized project purposes.

(2) Control of sea lamprey

Congress finds that -

(A) the Great Lakes navigation system has been instrumental

in the spread of sea lamprey and the associated impacts on its

fishery; and

(B) the use of the authority under this subsection for

control of sea lamprey at any Great Lakes basin location is

appropriate.

(d) Non-Federal share; limitation on maximum Federal expenditure

The non-Federal share of the cost of any modifications or

measures carried out or undertaken pursuant to subsection (b) or

(c) of this section shall be 25 percent. Not more than 80 percent

of the non-Federal share may be in kind, including a facility,

supply, or service that is necessary to carry out the modification

or measure. Not more than $5,000,000 in Federal funds may be

expended on any single modification or measure carried out or

undertaken pursuant to this section.

(e) Coordination of actions

The Secretary shall coordinate any actions taken pursuant to this

section with appropriate Federal, State, and local agencies.

(f) Omitted

(g) Nonprofit entities

Notwithstanding section 1962d-5b of title 42, a non-Federal

sponsor for any project carried out under this section may include

a nonprofit entity, with the consent of the affected local

government.

(h) Authorization of appropriations

There is authorized to be appropriated not to exceed $25,000,000

annually to carry out this section.

(i) Definition

In this section, the term "water resources project constructed by

the Secretary" includes a water resources project constructed or

funded jointly by the Secretary and the head of any other Federal

agency (including the Natural Resources Conservation Service).

-SOURCE-

(Pub. L. 99-662, title XI, Sec. 1135, Nov. 17, 1986, 100 Stat.

4251; Pub. L. 100-676, Sec. 41, Nov. 17, 1988, 102 Stat. 4040; Pub.

L. 101-640, title III, Sec. 304, Nov. 28, 1990, 104 Stat. 4634;

Pub. L. 102-580, title II, Sec. 202, Oct. 31, 1992, 106 Stat. 4826;

Pub. L. 104-303, title II, Sec. 204, Oct. 12, 1996, 110 Stat. 3678;

Pub. L. 106-53, title V, Sec. 506, Aug. 17, 1999, 113 Stat. 338;

Pub. L. 106-541, title II, Sec. 210(c), Dec. 11, 2000, 114 Stat.

2592.)

-COD-

CODIFICATION

Subsec. (f) of this section, which required the Secretary to

transmit biennial reports to Congress on the results of reviews

conducted under subsec. (a) of this section and on the programs

conducted under subsecs. (b) and (c) of this section, terminated,

effective May 15, 2000, pursuant to section 3003 of Pub. L. 104-66,

as amended, set out as a note under section 1113 of Title 31, Money

and Finance. See, also, page 72 of House Document No. 103-7.

Section was formerly set out as a note under section 2294 of this

title.

-MISC1-

AMENDMENTS

2000 - Subsecs. (g) to (i). Pub. L. 106-541 added subsec. (g) and

redesignated former subsecs. (g) and (h) as (h) and (i),

respectively.

1999 - Subsec. (c). Pub. L. 106-53 designated existing provisions

as par. (1), inserted heading, and added par. (2).

1996 - Subsec. (a). Pub. L. 104-303, Sec. 204(a), struck out "the

operation of" after "to review" and inserted before period at end

"and to determine if the operation of such projects has contributed

to the degradation of the quality of the environment".

Subsec. (b). Pub. L. 104-303, Sec. 204(b), struck out at end "The

non-Federal share of the cost of any modifications carried out

under this section shall be 25 percent. No modification shall be

carried out under this section without specific authorization by

Congress if the estimated cost exceeds $5,000,000."

Subsecs. (c), (d). Pub. L. 104-303, Sec. 204(c)(2), added

subsecs. (c) and (d). Former subsecs. (c) and (d) redesignated (e)

and (f), respectively.

Subsec. (e). Pub. L. 104-303, Sec. 204(c)(1), redesignated

subsec. (c) as (e). Former subsec. (e) redesignated (g).

Subsec. (f). Pub. L. 104-303, Sec. 204(c)(1), (3), redesignated

subsec. (d) as (f) and substituted "programs conducted under

subsections (b) and (c) of this section" for "program conducted

under subsection (b) of this section".

Subsec. (g). Pub. L. 104-303, Sec. 204(c)(1), redesignated

subsec. (e) as (g).

Subsec. (h). Pub. L. 104-303, Sec. 204(d), added subsec. (h).

1992 - Subsec. (b). Pub. L. 102-580, Sec. 202(1), inserted at end

"No modification shall be carried out under this section without

specific authorization by Congress if the estimated cost exceeds

$5,000,000."

Subsec. (e). Pub. L. 102-580, Sec. 202(2), substituted

"$25,000,000" for "$15,000,000".

1990 - Subsec. (a). Pub. L. 101-640, Sec. 304(a), struck out

"before the date of enactment of this Act" after "constructed by

the Secretary".

Subsec. (b). Pub. L. 101-640, Sec. 304(b), substituted "program"

for "demonstration program in the 5-year period beginning on the

date of enactment of this Act" and struck out "before the date of

enactment of this Act" after "constructed by the Secretary".

Subsec. (d). Pub. L. 101-640, Sec. 304(c), amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows: "Not

later than 5 years after the date of enactment of this Act, the

Secretary shall transmit to Congress a report on the results of the

review conducted under subsection (a) and on the demonstration

program conducted under subsection (b). Such report shall contain

any recommendations of the Secretary concerning modification and

extension of such program."

Subsec. (e). Pub. L. 101-640, Sec. 304(d), substituted

"$15,000,000 annually to carry out this section" for "$25,000,000

to carry out this section".

1988 - Subsec. (b). Pub. L. 100-676, Sec. 41(a), substituted

"5-year period" for "two-year period".

Subsec. (d). Pub. L. 100-676, Sec. 41(b), substituted "5 years"

for "two years".

-End-

-CITE-

33 USC Sec. 2310 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2310. Cost sharing for Territories

-STATUTE-

The Secretary shall waive local cost-sharing requirements up to

$200,000 for all studies and projects in American Samoa, Guam, the

Northern Mariana Islands, the Virgin Islands, and the Trust

Territory of the Pacific Islands.

-SOURCE-

(Pub. L. 99-662, title XI, Sec. 1156, Nov. 17, 1986, 100 Stat.

4256.)

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-End-

-CITE-

33 USC Sec. 2311 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2311. Report to Congress covering proposals for water

impoundment facilities

-STATUTE-

Any report that is submitted to the Committee on Environment and

Public Works of the Senate or the Committee on Public Works and

Transportation of the House of Representatives by the Secretary, or

the Secretary of Agriculture acting under Public Law 83-566, as

amended [16 U.S.C. 1001 et seq.], which proposes construction of a

water impoundment facility, shall include information on the

consequences of failure and geologic or design factors which could

contribute to the possible failure of such facility.

-SOURCE-

(Pub. L. 99-662, title XII, Sec. 1202, Nov. 17, 1986, 100 Stat.

4263.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 83-566, as amended, referred to in text, is act Aug.

4, 1954, ch. 656, 68 Stat. 666, as amended, known as the Watershed

Protection and Flood Prevention Act, which is classified generally

to chapter 18 (Sec. 1001 et seq.) of Title 16, Conservation. For

complete classification of this Act to the Code, see Short Title

note set out under section 1001 of Title 16 and Tables.

-CHANGE-

CHANGE OF NAME

Committee on Public Works and Transportation of House of

Representatives treated as referring to Committee on Transportation

and Infrastructure of House of Representatives by section 1(a) of

Pub. L. 104-14, set out as a note preceding section 21 of Title 2,

The Congress.

-End-

-CITE-

33 USC Sec. 2312 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2312. Comments on certain changes in operations of reservoirs

-STATUTE-

Before the Secretary may make changes in the operation of any

reservoir which will result in or require a reallocation of storage

space in such reservoir or will significantly affect any project

purpose, the Secretary shall provide an opportunity for public

review and comment.

-SOURCE-

(Pub. L. 100-676, Sec. 5, Nov. 17, 1988, 102 Stat. 4022.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1988, and not as part of the Water Resources Development Act

of 1986 which comprises this chapter.

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 100-676, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 2313 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2313. Collaborative research and development

-STATUTE-

(a) In general

For the purpose of improving the state of engineering and

construction in the United States and consistent with the civil

works mission of the Army Corps of Engineers, the Secretary is

authorized to utilize Army Corps of Engineers laboratories and

research centers to undertake, on a cost-shared basis,

collaborative research and development with non-Federal entities,

including State and local government, colleges and universities,

and corporations, partnerships, sole proprietorships, and trade

associations which are incorporated or established under the laws

of any of the several States of the United States or the District

of Columbia.

(b) Pre-agreement temporary protection of technology

(1) In general

If the Secretary determines that information developed as a

result of research and development activities conducted by the

Corps of Engineers is likely to be subject to a cooperative

research and development agreement within 2 years of its

development and that such information would be a trade secret or

commercial or financial information that would be privileged or

confidential if the information had been obtained from a

non-Federal party participating in a cooperative research and

development agreement under section 12 of the Stevenson-Wydler

Technology Innovation Act of 1980 (15 U.S.C. 3710a), the

Secretary may provide appropriate protection against the

dissemination of such information, including exemption from

subchapter II of chapter 5 of title 5, until the earlier of the

date the Secretary enters into such an agreement with respect to

such technology or the last day of the 2-year period beginning on

the date of such determination.

(2) Treatment

Any technology covered by this section that becomes the subject

of a cooperative research and development agreement shall be

accorded the protection provided under section 12(c)(7)(B) of

such Act (15 U.S.C. 3710a(c)(7)(B)) as if such technology had

been developed under a cooperative research and development

agreement.

(c) Administrative provisions

In carrying out this section, the Secretary may consider the

recommendations of a non-Federal entity in identifying appropriate

research or development projects and may enter into a cooperative

research and development agreement, as defined in section 12 of the

Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.

3710a); except that in such agreement, the Secretary may agree to

provide not more than 50 percent of the cost of any research or

development project selected by the Secretary under this section.

Not less than 5 percent of the non-Federal entity's share of the

cost of any such project shall be paid in cash.

(d) Applicability of other laws

The research, development, or utilization of any technology

pursuant to an agreement under subsection (c) of this section,

including the terms under which such technology may be licensed and

the resulting royalties may be distributed, shall be subject to the

provisions of the Stevenson-Wydler Technology Innovation Act of

1980 (15 U.S.C. 3701-3714).

(e) Authorization of appropriations

To carry out the purposes of this section, there is authorized to

be appropriated to the Secretary of the Army civil works funds

$3,000,000 for fiscal year 1989, $4,000,000 for fiscal year 1990,

$5,000,000 for fiscal year 1991, and $6,000,000 for each fiscal

year thereafter.

(f) Funding from other Federal sources

The Secretary may accept and expend additional funds from other

Federal programs, including other Department of Defense programs,

to carry out this section.

-SOURCE-

(Pub. L. 100-676, Sec. 7, Nov. 17, 1988, 102 Stat. 4022; Pub. L.

104-303, title II, Sec. 214, Oct. 12, 1996, 110 Stat. 3684.)

-REFTEXT-

REFERENCES IN TEXT

The Stevenson-Wydler Technology Innovation Act of 1980, referred

to in subsec. (d), is Pub. L. 96-480, Oct. 21, 1980, 94 Stat. 2311,

as amended, which is classified generally to chapter 63 (Sec. 3701

et seq.) of Title 15, Commerce and Trade. For complete

classification of this Act to the Code, see Short Title note set

out under section 3701 of Title 15 and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1988, and not as part of the Water Resources Development Act

of 1986 which comprises this chapter.

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-303, Sec. 214(a)(1), inserted

"civil works" before "mission".

Subsecs. (b), (c). Pub. L. 104-303, Sec. 214(b)(1), (2), added

subsec. (b) and redesignated former subsec. (b) as (c). Former

subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 104-303, Sec. 214(b)(1), (3), redesignated

subsec. (c) as (d) and substituted "subsection (c)" for "subsection

(b)". Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 104-303, Sec. 214(b)(1), redesignated

subsec. (d) as (e). Former subsec. (e) redesignated (f).

Pub. L. 104-303, Sec. 214(a)(2), added subsec. (e) and struck out

heading and text of former subsec. (e). Text read as follows:

"Notwithstanding the third proviso under the heading 'General

Investigations' of title I of the Energy and Water Development

Appropriations Act, 1989 (102 Stat. 857), an additional $3,000,000

of the funds appropriated under such heading shall be available to

the Secretary for obligation to carry out the purposes of this

section in fiscal year 1989."

Subsec. (f). Pub. L. 104-303, Sec. 214(b)(1), redesignated

subsec. (e) as (f).

MAGNETIC LEVITATION TECHNOLOGY

Pub. L. 101-640, title IV, Sec. 417, Nov. 28, 1990, 104 Stat.

4652, provided that:

"(a) Research and Development. - The Secretary is authorized, in

cooperation with the Secretary of Transportation, to conduct

research and development activities on magnetic levitation

technology or to provide for such research and development.

"(b) Collaboration. - The Secretary is authorized to collaborate

with non-Federal entities (including State and local governments,

colleges and universities, and corporations, partnerships, sole

proprietorships, and trade associations which are incorporated or

established under laws of a State or the District of Columbia) in

carrying out research and development on magnetic levitation

technology.

"(c) Cooperative Research Contracts. - In carrying out this

section, the Secretary may enter into contracts or cooperative

research and development agreements under section 12 of the

Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.

3710a), except that the Secretary may fund up to 50 percent of the

cost of each collaborative research and development project

undertaken.

"(d) Licensing of Research and Development. - The research,

development, and use of any technology developed under an agreement

entered into pursuant to this section, including the terms under

which such technology may be licensed and the resulting royalties

may be distributed, shall be subject to the provisions of the

Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.

3701-3714). In addition, the Secretary may require the non-Federal

entity to certify that such research and development will be

performed substantially in the United States and that products

embodying inventions made under an agreement entered into pursuant

to this section or produced through the use of such inventions will

be manufactured substantially in the United States.

"(e) Authorization of Appropriations. - For purposes of carrying

out this section, there is authorized to be appropriated $1,000,000

for fiscal year 1990 and $4,000,000 for fiscal year 1991. Such

funds shall remain available until expended. No funds are

authorized to be appropriated under this section for any fiscal

year beginning after September 30, 1991."

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 100-676, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 2313a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2313a. Engineering and environmental innovations of national

significance

-STATUTE-

(a) Surveys, plans, and studies

To encourage innovative and environmentally sound engineering

solutions and innovative environmental solutions to problems of

national significance, the Secretary may undertake surveys, plans,

and studies and prepare reports that may lead to work under

existing civil works authorities or to recommendations for

authorizations.

(b) Funding

(1) Authorization of appropriations

There is authorized to be appropriated to carry out this

section $1,000,000 for each of fiscal years 1997 through 2000.

(2) Funding from other sources

The Secretary may accept and expend additional funds from other

Federal agencies, States, or non-Federal entities for purposes of

carrying out this section.

-SOURCE-

(Pub. L. 104-303, title II, Sec. 212, Oct. 12, 1996, 110 Stat.

3684.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1996, and not as part of the Water Resources Development Act

of 1986 which comprises this chapter.

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 104-303, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 2313b 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2313b. Support of Army civil works program

-STATUTE-

(a) General authority

In carrying out research and development in support of the civil

works program of the Department of the Army, the Secretary may

utilize contracts, cooperative research and development agreements,

cooperative agreements, and grants with non-Federal entities,

including State and local governments, colleges and universities,

consortia, professional and technical societies, public and private

scientific and technical foundations, research institutions,

educational organizations, and nonprofit organizations.

(b) Commercial application

With respect to contracts for research and development, the

Secretary may include requirements that have potential commercial

application and may use such potential application as an evaluation

factor where appropriate.

-SOURCE-

(Pub. L. 104-303, title II, Sec. 229, Oct. 12, 1996, 110 Stat.

3703.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1996, and not as part of the Water Resources Development Act

of 1986 which comprises this chapter.

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 104-303, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 2314 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2314. Innovative technology

-STATUTE-

(a) Use

The Secretary shall, whenever feasible, seek to promote long- and

short-term cost savings, increased efficiency, reliability, and

safety, and improved environmental results through the use of

innovative technology in all phases of water resources development

projects and programs under the Secretary's jurisdiction. To

further this goal, Congress encourages the Secretary to -

(1) use procurement and contracting procedures that encourage

innovative project design, construction, rehabilitation, repair,

and operation and maintenance technologies;

(2) frequently review technical and design criteria to remove

or modify unnecessary impediments to innovation;

(3) increase timely exchange of technical information with

universities, private companies, government agencies, and

individuals;

(4) foster design competition; and

(5) encourage greater participation by non-Federal project

sponsors in the development and implementation of projects.

(b) Accelerated adoption of innovative technologies for management

of contaminated sediments

(1) Test projects

The Secretary shall approve an appropriate number of projects

to test, under actual field conditions, innovative technologies

for environmentally sound management of contaminated sediments.

(2) Demonstration projects

The Secretary may approve an appropriate number of projects to

demonstrate innovative technologies that have been pilot tested

under paragraph (1).

(3) Conduct of projects

Each pilot project under paragraph (1) and demonstration

project under paragraph (2) shall be conducted by a university

with proven expertise in the research and development of

contaminated sediment treatment technologies and innovative

applications using waste materials.

(4) Location

At least 1 of the projects under this subsection shall be

conducted in New England by the University of New Hampshire.

(c) Reports

Within 2 years after November 17, 1988, and thereafter at the

Secretary's discretion, the Secretary shall provide Congress with a

report on the results of, and recommendations to increase, the

development and use of innovative technology in water resources

development projects under the Secretary's jurisdiction. Such

report shall also contain information regarding innovative

technologies which the Secretary has considered and rejected for

use in water resources development projects under the Secretary's

jurisdiction.

(d) "Innovative technology" defined

For the purpose of this section, the term "innovative technology"

means designs, materials, or methods which the Secretary determines

are previously undemonstrated or are too new to be considered

standard practice.

-SOURCE-

(Pub. L. 100-676, Sec. 8, Nov. 17, 1988, 102 Stat. 4023; Pub. L.

106-53, title V, Sec. 503(b), Aug. 17, 1999, 113 Stat. 337.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1988, and not as part of the Water Resources Development Act

of 1986 which comprises this chapter.

-MISC1-

AMENDMENTS

1999 - Subsecs. (b) to (d). Pub. L. 106-53 added subsec. (b) and

redesignated former subsecs. (b) and (c) as (c) and (d),

respectively.

DESIGN-BUILD CONTRACTING

Pub. L. 106-541, title II, Sec. 221, Dec. 11, 2000, 114 Stat.

2596, provided that:

"(a) Pilot Program. - The Secretary [of the Army] may conduct a

pilot program consisting of not more than 5 authorized projects to

test the design-build method of project delivery on various

authorized civil works projects of the Corps of Engineers,

including levees, pumping plants, revetments, dikes, dredging,

weirs, dams, retaining walls, generation facilities, mattress

laying, recreation facilities, and other water resources

facilities.

"(b) Design-Build Defined. - In this section, the term

'design-build' means an agreement between the Federal Government

and a contractor that provides for both the design and construction

of a project by a single contract.

"(c) Report. - Not later than 4 years after the date of enactment

of this Act [Dec. 11, 2000], the Secretary shall transmit to

Congress a report on the results of the pilot program."

REVIEW OF INNOVATIVE DREDGING TECHNOLOGIES

Pub. L. 106-53, title V, Sec. 503(a), Aug. 17, 1999, 113 Stat.

337, provided that:

"(1) In general. - Not later than June 1, 2001, the Secretary

shall complete a review of innovative dredging technologies

designed to minimize or eliminate contamination of a water column

upon removal of contaminated sediments.

"(2) Testing. -

"(A) Selection of technology. - After completion of the review

under paragraph (1), the Secretary shall select, from among the

technologies reviewed, the technology that the Secretary

determines will best increase the effectiveness of removing

contaminated sediments and significantly reduce contamination of

the water column.

"(B) Agreement. - Not later than December 31, 2001, the

Secretary shall enter into an agreement with a public or private

entity to test the selected technology in the vicinity of Peoria

Lakes, Illinois.

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

appropriated to carry out this subsection $2,000,000."

BENEFICIAL USE OF WASTE TIRE RUBBER

Pub. L. 106-53, title V, Sec. 561, Aug. 17, 1999, 113 Stat. 355,

provided that:

"(a) In General. - The Secretary shall, when appropriate,

encourage the beneficial use of waste tire rubber (including crumb

rubber and baled tire products) recycled from tires.

"(b) Included Beneficial Uses. - Beneficial uses under subsection

(a) may include marine pilings, underwater framing, floating docks

with built-in flotation, utility poles, and other uses associated

with transportation and infrastructure projects receiving Federal

funds.

"(c) Use of Waste Tire Rubber. - The Secretary shall encourage

the use, when appropriate, of waste tire rubber (including crumb

rubber) in projects described in subsection (b)."

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 100-676, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 2314a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2314a. Technical assistance program

-STATUTE-

(a) In general

The Secretary is authorized to provide technical assistance, on a

nonexclusive basis, to any United States firm which is competing

for, or has been awarded, a contract for the planning, design, or

construction of a project outside the United States, if the United

States firm provides, in advance of fiscal obligation by the United

States, funds to cover all costs of such assistance. In determining

whether to provide such assistance, the Secretary shall consider

the effects on the Department of the Army civil works mission,

personnel, and facilities. Prior to the Secretary providing such

assistance, a United States firm must -

(1) certify to the Secretary that such assistance is not

otherwise reasonably and expeditiously available; and

(2) agree to hold and save the United States free from damages

due to the planning, design, construction, operation, or

maintenance of the project.

(b) Federal employees' inventions

As to an invention made or conceived by a Federal employee while

providing assistance pursuant to this section, if the Secretary

decides not to retain all rights in such invention, the Secretary

may -

(1) grant or agree to grant in advance, to a United States

firm, a patent license or assignment, or an option thereto,

retaining a nonexclusive, nontransferable, irrevocable, paid-up

license to practice the invention or have the invention practiced

throughout the world by or on behalf of the United States and

such other rights as the Secretary deems appropriate; or

(2) waive, subject to reservation by the United States of a

nonexclusive, irrevocable, paid-up license to practice the

invention or have the invention practiced throughout the world by

or on behalf of the United States, in advance, in whole, or in

part, any right which the United States may have to such

invention.

(c) Protection of confidential information

Information of a confidential nature, such as proprietary or

classified information, provided to a United States firm pursuant

to this section shall be protected. Such information may be

released by a United States firm only after written approval by the

Secretary.

(d) Definitions

For purposes of this section -

(1) United States firm

The term "United States firm" means a corporation, partnership,

limited partnership, or sole proprietorship that is incorporated

or established under the laws of any of the United States with

its principal place of business in the United States.

(2) United States

The term "United States", when used in a geographical sense,

means the several States of the United States and the District of

Columbia.

-SOURCE-

(Pub. L. 100-676, Sec. 9, Nov. 17, 1988, 102 Stat. 4024; Pub. L.

101-640, title III, Sec. 318(c), Nov. 28, 1990, 104 Stat. 4642.)

-COD-

CODIFICATION

Section was formerly set out as a note under section 2314 of this

title.

Section was enacted as part of the Water Resources Development

Act of 1988, and not as part of the Water Resources Development Act

of 1986 which comprises this chapter.

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-640, Sec. 318(c)(1), struck out

"demonstration" after "Technical assistance" in section catchline.

Subsec. (a). Pub. L. 101-640, Sec. 318(c)(2), struck out "to

undertake a demonstration program for a 2-year period, which shall

begin within 6 months after the date of enactment of this Act,"

after "The Secretary is authorized".

Subsecs. (d), (e). Pub. L. 101-640, Sec. 318(c)(3), (4),

redesignated subsec. (e) as (d) and struck out former subsec. (d)

which read as follows: "Within 6 months after the end of the

demonstration program authorized by this section, the Secretary

shall submit to Congress a report on the results of such

demonstration program."

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 100-676, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 2315 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2315. Periodic statements

-STATUTE-

Upon receipt of a request from a non-Federal sponsor of a water

resources development project under construction by the Secretary,

the Secretary shall provide such sponsor with periodic statements

of project expenditures. Such statements shall include an estimate

of all Federal and non-Federal funds expended by the Secretary,

including overhead expenditures, the purpose for expenditures, and

a schedule of anticipated expenditures during the remaining period

of construction. Statements shall be provided to the sponsor at

intervals of no greater than 6 months.

-SOURCE-

(Pub. L. 100-676, Sec. 10, Nov. 17, 1988, 102 Stat. 4024.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1988, and not as part of the Water Resources Development Act

of 1986 which comprises this chapter.

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 100-676, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 2316 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2316. Environmental protection mission

-STATUTE-

(a) General rule

The Secretary shall include environmental protection as one of

the primary missions of the Corps of Engineers in planning,

designing, constructing, operating, and maintaining water resources

projects.

(b) Limitation

Nothing in this section affects -

(1) existing Corps of Engineers' authorities, including its

authorities with respect to navigation and flood control;

(2) pending Corps of Engineers permit applications or pending

lawsuits involving permits or water resources projects; or

(3) the application of public interest review procedures for

Corps of Engineers permits.

-SOURCE-

(Pub. L. 101-640, title III, Sec. 306, Nov. 28, 1990, 104 Stat.

4635.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1990, and not as part of the Water Resources Development Act

of 1986 which comprises this chapter.

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 101-640, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 2317 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2317. Wetlands

-STATUTE-

(a) Goals and action plan

(1) Goals

There is established, as part of the Corps of Engineers water

resources development program, an interim goal of no overall net

loss of the Nation's remaining wetlands base, as defined by

acreage and function, and a long-term goal to increase the

quality and quantity of the Nation's wetlands, as defined by

acreage and function.

(2) Use of authorities

The Secretary shall utilize all appropriate authorities,

including those to restore and create wetlands, in meeting the

interim and long-term goals.

(3) Action plan

(A) Development

The Secretary shall develop, in consultation with the

Environmental Protection Agency, the Fish and Wildlife Service,

and other appropriate Federal agencies, a wetlands action plan

to achieve the goals established by this subsection as soon as

possible.

(B) Contents

The plan shall include and identify actions to be taken by

the Secretary in achieving the goals and any new authorities

which may be necessary to accelerate attainment of the goals.

(C) Completion deadline

The Secretary shall complete the plan not later than 1 year

after November 28, 1990.

(b) Constructed wetlands for Mud Creek, Arkansas

Notwithstanding any other provision of law, the Secretary is

authorized and directed to establish and carry out a research and

pilot project to evaluate and demonstrate -

(1) the use of constructed wetlands for wastewater treatment,

and

(2) methods by which such projects contribute -

(A) to meeting the objective of the Federal Water Pollution

Control Act [33 U.S.C. 1251 et seq.] to restore and maintain

the physical, chemical, and biological integrity of the

Nation's waters, and

(B) to attaining the goals established by subsection (a) of

this section.

The project under this subsection shall be carried out to improve

the quality of effluent discharged from publicly owned treatment

works operated by the city of Fayetteville, Arkansas, into Mud

Creek or its tributaries.

(c) Non-Federal responsibilities

For the project conducted under subsection (b) of this section,

the non-Federal interest shall agree -

(1) to provide, without cost to the United States, all lands,

easements, rights-of-way, relocations, and dredged material

disposal areas necessary for construction and subsequent research

and demonstration work;

(2) to hold and save the United States free from damages due to

construction, operation, and maintenance of the project, except

damages due to the fault or negligence of the United States or

its contractors; and

(3) to operate and maintain the restored or constructed

wetlands in accordance with good management practices; except

that nothing in this paragraph shall be construed as precluding a

Federal agency from agreeing to operate and maintain the restored

or reconstructed wetlands.

The value of the non-Federal lands, easements, rights-of-way,

relocations, and dredged material disposal areas provided by the

non-Federal interest shall be credited toward the non-Federal share

of project design and construction costs. The non-Federal share of

project design and construction costs shall be 25 percent.

(d) Wetlands restoration and enhancement demonstration program

(1) Establishment and implementation

The Secretary, in consultation with the Administrator, is

authorized to establish and implement a demonstration program for

the purpose of determining the feasibility of wetlands

restoration, enhancement, and creation as a means of contributing

to the goals established by subsection (a) of this section.

(2) Goal

The goal of the program under this subsection shall be to

establish a limited number of demonstration wetlands restoration,

enhancement, and creation areas in districts of the Corps of

Engineers for the purpose of evaluating the technical and

scientific long-term feasibility of such areas as a means of

contributing to the attainment of the goals established by

subsection (a) of this section. Federal and State land-owning

agencies and private parties may contribute to such areas.

(3) Factors to consider

In establishing the demonstration program under this

subsection, the Secretary shall consider -

(A) past experience with wetlands restoration, enhancement,

and creation;

(B) the appropriate means of measuring benefits of

compensatory mitigation activities, including enhancement or

restoration of existing wetlands or creation of wetlands;

(C) the appropriate geographic scope for which wetlands loss

may be offset by restoration, enhancement, and creation

efforts;

(D) the technical feasibility and scientific likelihood that

wetlands can be successfully restored, enhanced, and created;

(E) means of establishing liability for, and long-term

ownership of, wetlands restoration, enhancement, and creation

areas; and

(F) responsibilities for short- and long-term project

monitoring.

(4) Reporting

(A) To the Chief of Engineers

The district engineer for each district of the Corps of

Engineers in which a wetlands restoration, enhancement, and

creation area is established under this subsection shall

transmit annual reports to the Chief of Engineers describing

the amount and value of wetlands restored, enhanced, and

created for the area and a summary of whether the area is

contributing to the goal established in paragraph (2).

(B) To Congress

Not later than 3 years after November 28, 1990, the Secretary

shall transmit to Congress a report evaluating the use of

wetlands restoration, enhancement, and creation areas in

fulfilling the goal established by paragraph (2), together with

recommendations on whether or not to continue use of such areas

as a means of meeting the goals established by subsection (a)

of this section.

(5) Effect on other laws

Nothing in this subsection affects any requirements under

section 404 of the Federal Water Pollution Control Act (33 U.S.C.

1344) or section 403 of this title.

(e) Training and certification of delineators

(1) In general

The Secretary is authorized to establish a program for the

training and certification of individuals as wetlands

delineators. As part of such program, the Secretary shall carry

out demonstration projects in districts of the Corps of

Engineers. The program shall include training and certification

of delineators and procedures for expediting consideration and

acceptance of delineations performed by certified delineators.

(2) Reports

The Secretary shall transmit to Congress periodic reports

concerning the status of the program and any recommendations on

improving the content and implementation of the Federal Manual

for Identifying and Delineating Jurisdictional Wetlands.

-SOURCE-

(Pub. L. 101-640, title III, Sec. 307, Nov. 28, 1990, 104 Stat.

4635.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Water Pollution Control Act, referred to in subsec.

(b)(2)(A), is act June 30, 1948, ch. 758, as amended generally by

Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is

classified generally to chapter 26 (Sec. 1251 et seq.) of this

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

Short Title note set out under section 1251 of this title and

Tables.

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1990, and not as part of the Water Resources Development Act

of 1986 which comprises this chapter.

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which a report required under subsec. (e)(2) of this section is

listed on page 70), see section 3003 of Pub. L. 104-66, as amended,

set out as a note under section 1113 of Title 31, Money and

Finance.

WETLANDS ENHANCEMENT OPPORTUNITIES

Section 409 of Pub. L. 101-640 provided that: "Not later than

January 20, 1992, the Secretary shall transmit to Congress a list

which specifically identifies opportunities of enhancing wetlands

in connection with construction and operation of water resource

projects."

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 101-640, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 2318 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2318. Flood plain management

-STATUTE-

(a) Exclusion of elements from benefit-cost analysis

The Secretary shall not include in the benefit base for

justifying Federal flood damage reduction projects -

(1)(A) any new or substantially improved structure (other than

a structure necessary for conducting a water-dependent activity)

built in the 100-year flood plain with a first floor elevation

less than the 100-year flood elevation after July 1, 1991; or

(B) in the case of a county substantially located within the

100-year flood plain, any new or substantially improved structure

(other than a structure necessary for conducting a

water-dependent activity) built in the 10-year flood plain after

July 1, 1991; and

(2) any structure which becomes located in the 100-year flood

plain with a first floor elevation less than the 100-year flood

elevation or in the 10-year flood plain, as the case may be, by

virtue of constrictions placed in the flood plain after July 1,

1991.

(b) Flood damage reduction benefits

(1) In general

In calculating the benefits of a proposed project for

nonstructural flood damage reduction, the Secretary shall

calculate the benefits of the nonstructural project using methods

similar to those used for calculating the benefits of structural

projects, including similar treatment in calculating the benefits

from losses avoided.

(2) Avoidance of double counting

In carrying out paragraph (1), the Secretary should avoid

double counting of benefits.

(c) Counties substantially located within 100-year flood plain

For the purposes of subsection (a) of this section, a county is

substantially located within the 100-year flood plain -

(1) if the county is comprised of lands of which 50 percent or

more are located in the 100-year flood plain; and

(2) if the Secretary determines that application of the

requirement contained in subsection (a)(1)(A) of this section

with respect to the county would unreasonably restrain continued

economic development or unreasonably limit the availability of

needed flood control measures.

(d) Cost sharing

Not later than January 1, 1992, the Secretary shall transmit to

Congress a report on the feasibility and advisability of increasing

the non-Federal share of costs for new projects in areas where new

or substantially improved structures and other constrictions are

built or placed in the 100-year flood plain or the 10-year flood

plain, as the case may be, after the initial date of the affected

governmental unit's entry into the regular program of the national

flood insurance program of the National Flood Insurance Act of 1968

[42 U.S.C. 4001 et seq.].

(e) Regulations

Not later than 6 months after the date on which a report is

transmitted to Congress under subsection (c) of this section, the

Secretary, in consultation with the Director of the Federal

Emergency Management Agency, shall issue regulations to implement

subsection (a) of this section. Such regulations shall define key

terms, such as new or substantially improved structure,

constriction, 10-year flood plain, and 100-year flood plain.

(f) Applicability

The provisions of this section shall not apply to any project, or

separable element thereof, for which a final report of the Chief of

Engineers has been forwarded to the Secretary before the last day

of the 6-month period beginning on the date on which regulations

are issued pursuant to subsection (a) of this section but not later

than July 1, 1993.

-SOURCE-

(Pub. L. 101-640, title III, Sec. 308, Nov. 28, 1990, 104 Stat.

4638; Pub. L. 106-53, title II, Sec. 219(a), Aug. 17, 1999, 113

Stat. 294.)

-REFTEXT-

REFERENCES IN TEXT

The National Flood Insurance Act of 1968, referred to in subsec.

(d), is title XIII of Pub. L. 90-448, Aug. 1, 1968, 82 Stat. 572,

as amended, which is classified principally to chapter 50 (Sec.

4001 et seq.) of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see Short Title

note set out under section 4001 of Title 42 and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1990, and not as part of the Water Resources Development Act

of 1986 which comprises this chapter.

-MISC1-

AMENDMENTS

1999 - Subsec. (a). Pub. L. 106-53, Sec. 219(a)(1), inserted

"Exclusion of elements from" before "benefit-cost" in heading.

Subsecs. (b) to (d). Pub. L. 106-53, Sec. 219(a)(2), (3), added

subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and

(d), respectively. Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 106-53, Sec. 219(a)(2), (4), redesignated

subsec. (d) as (e) and substituted "subsection (c)" for "subsection

(b)". Former subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 106-53, Sec. 219(a)(2), redesignated subsec.

(e) as (f).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-MISC2-

REEVALUATION OF FLOOD CONTROL PROJECTS

Pub. L. 106-53, title II, Sec. 219(b), Aug. 17, 1999, 113 Stat.

295, provided that: "At the request of a non-Federal interest for a

flood control project, the Secretary shall conduct a reevaluation

of a project authorized before the date of enactment of this Act

[Aug. 17, 1999] to consider nonstructural alternatives in light of

the amendments made by subsection (a) [amending this section]."

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 101-640, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 2319 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2319. Reservoir management

-STATUTE-

The Secretary shall ensure that, in developing or revising

reservoir operating manuals of the Corps of Engineers, the Corps

shall provide significant opportunities for public participation,

including opportunities for public hearings. The Secretary shall

issue regulations to implement this section, including a

requirement that all appropriate informational materials relating

to proposed management decisions of the Corps be made available to

the public sufficiently in advance of public hearings. Not later

than January 1, 1992, the Secretary shall transmit to Congress a

report on measures taken pursuant to this section.

-SOURCE-

(Pub. L. 101-640, title III, Sec. 310, Nov. 28, 1990, 104 Stat.

4639; Pub. L. 104-303, title II, Sec. 233, Oct. 12, 1996, 110 Stat.

3704.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1990, and not as part of the Water Resources Development Act

of 1986 which comprises this chapter.

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-303, Sec. 233(1), struck out

heading and text of subsec. (a). Text read as follows: "Not later

than 2 years after November 28, 1990, the Secretary shall establish

for major reservoirs under the jurisdiction of the Corps of

Engineers a technical advisory committee to provide to the

Secretary and Corps of Engineers recommendations on reservoir

monitoring and options for reservoir research. The Secretary shall

determine the membership of the committee, except that the

Secretary may not appoint more than 6 members and shall ensure a

predominance of members with appropriate academic, technical, or

scientific qualifications. Members shall serve without pay, and the

Secretary shall provide any necessary facilities, staff, and other

support services in accordance with the Federal Advisory Committee

Act (5 U.S.C. App. 1 et seq.)."

Subsec. (b). Pub. L. 104-303, Sec. 233(2), struck out "(b) Public

Participation. - " before "The Secretary shall ensure", and

substituted "section" for "subsection" in two places.

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 101-640, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 2320 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2320. Protection of recreational and commercial uses

-STATUTE-

(a) General rule

In planning any water resources project, the Secretary shall

consider the impact of the project on existing and future

recreational and commercial uses in the area surrounding the

project.

(b) Maintenance

Whenever the Secretary maintains, repairs, rehabilitates, or

reconstructs a water resources project which will result in a

change in the configuration of a structure which is a part of such

project, the Secretary, to the maximum extent practicable, shall

carry out such maintenance, repair, rehabilitation, or

reconstruction in a manner which will not adversely affect any

recreational use established with respect to such project before

the date of such maintenance, repair, rehabilitation, or

reconstruction.

(c) Mitigation

(1) In general

If maintenance, repair, rehabilitation, or reconstruction of a

water resources project by the Secretary results in a change in

the configuration of any structure which is a part of such

project and has an adverse effect on a recreational use

established with respect to such project before the date of such

maintenance, repair, rehabilitation, or reconstruction, the

Secretary, to the maximum extent practicable, shall take such

actions as may be necessary to restore such recreational use or

provide alternative opportunities for comparable recreational

use.

(2) Maximum amount

The Secretary may not expend more than $2,000,000 in a fiscal

year to carry out this subsection.

(3) Termination date

This subsection shall not be effective after the last day of

the 5-year period beginning on November 28, 1990; except that the

Secretary may complete any restoration commenced under this

subsection on or before such last day.

(d) Applicability

(1) General rule

Subsections (b) and (c) of this section shall apply to

maintenance, repair, rehabilitation, or reconstruction for which

physical construction is initiated after May 1, 1988.

(2) Limitation

Subsections (b) and (c) of this section shall not apply to any

action of the Secretary which is necessary to discontinue the

operation of a water resources project.

(e) Cost sharing

Costs incurred by the Secretary to carry out the objectives of

this section shall be allocated to recreation and shall be payable

by the beneficiaries of the recreation.

-SOURCE-

(Pub. L. 101-640, title III, Sec. 313, Nov. 28, 1990, 104 Stat.

4640.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1990, and not as part of the Water Resources Development Act

of 1986 which comprises this chapter.

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 101-640, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 2321 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2321. Operation and maintenance of hydroelectric facilities

-STATUTE-

Activities currently performed by personnel under the direction

of the Secretary in connection with the operation and maintenance

of hydroelectric power generating facilities at Corps of Engineers

water resources projects are to be considered as inherently

governmental functions and not commercial activities. This section

does not prohibit contracting out major maintenance or other

functions which are currently contracted out or studying services

not directly connected with project maintenance and operations.

-SOURCE-

(Pub. L. 101-640, title III, Sec. 314, Nov. 28, 1990, 104 Stat.

4641.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1990, and not as part of the Water Resources Development Act

of 1986 which comprises this chapter.

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 101-640, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 2321a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2321a. Hydroelectric power project uprating

-STATUTE-

(a) In general

In carrying out the operation, maintenance, rehabilitation, and

modernization of a hydroelectric power generating facility at a

water resources project under the jurisdiction of the Department of

the Army, the Secretary may, to the extent funds are made available

in appropriations Acts or in accordance with subsection (c) of this

section, take such actions as are necessary to optimize the

efficiency of energy production or increase the capacity of the

facility, or both, if, after consulting with the heads of other

appropriate Federal and State agencies, the Secretary determines

that such actions -

(1) are economically justified and financially feasible;

(2) will not result in any significant adverse effect on the

other purposes for which the project is authorized;

(3) will not result in significant adverse environmental

impacts;

(4) will not involve major structural or operational changes in

the project; and

(5) will not adversely affect the use, management, or

protection of existing Federal, State, or tribal water rights.

(b) Consultation

Before proceeding with any proposed uprating under subsection (a)

of this section, the Secretary shall provide affected State,

tribal, and Federal agencies with a copy of the proposed

determinations under subsection (a) of this section. If the

agencies submit comments, the Secretary shall accept those comments

or respond in writing to any objections those agencies raise to the

proposed determinations.

(c) Use of funds provided by preference customers

In carrying out this section, the Secretary may accept and expend

funds provided by preference customers under Federal law relating

to the marketing of power.

(d) Application

This section does not apply to any facility of the Department of

the Army that is authorized to be funded under section 839d-1 of

title 16.

(e) Effect on other authority

This section shall not affect the authority of the Secretary and

the Administrator of the Bonneville Power Administration under

section 839d-1 of title 16.

-SOURCE-

(Pub. L. 104-303, title II, Sec. 216, Oct. 12, 1996, 110 Stat.

3694; Pub. L. 106-541, title II, Sec. 212, Dec. 11, 2000, 114 Stat.

2593.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1996, and not as part of the Water Resources Development Act

of 1986 which comprises this chapter.

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-541, Sec. 212(1), inserted

introductory provisions and struck out former introductory

provisions which read as follows: "In carrying out the maintenance,

rehabilitation, and modernization of a hydroelectric power

generating facility at a water resources project under the

jurisdiction of the Department of the Army, the Secretary may take,

to the extent funds are made available in appropriations Acts, such

actions as are necessary to increase the efficiency of energy

production or the capacity of the facility, or both, if, after

consulting with the heads of other appropriate Federal and State

agencies, the Secretary determines that the increase - ".

Subsec. (a)(1). Pub. L. 106-541, Sec. 212(1), substituted "are"

for "is" before "economically justified".

Subsec. (b). Pub. L. 106-541, Sec. 212(2), substituted "any

proposed uprating" for "the proposed uprating" in first sentence.

Subsecs. (c) to (e). Pub. L. 106-541, Sec. 212(3), (4), added

subsecs. (c) and (d) and redesignated former subsec. (c) as (e).

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 104-303, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 2322 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2322. Single entities

-STATUTE-

For purposes of Federal participation in water resource

development projects which are to be carried out by the Secretary,

benefits which are to be provided to a facility owned by a State

(including the District of Columbia and a territory or possession

of the United States), county, municipality, or other public entity

shall not be treated as benefits to be provided a single owner or

single entity. The Secretary shall not treat such a facility as a

single owner or single entity for any purpose.

-SOURCE-

(Pub. L. 101-640, title III, Sec. 317, Nov. 28, 1990, 104 Stat.

4641.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1990, and not as part of the Water Resources Development Act

of 1986 which comprises this chapter.

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 101-640, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 2323 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2323. Technical assistance to private entities

-STATUTE-

(a) Use of Corps research and development labs

The Secretary is authorized to use Corps of Engineers research

and development laboratories to provide research and development

assistance to corporations, partnerships, limited partnerships,

consortia, public and private foundations, universities, and

nonprofit organizations operating within the United States,

territories or possessions of the United States, and the

Commonwealths of Puerto Rico and the Northern Mariana Islands -

(1) if the entity furnishes in advance of fiscal obligation by

the United States such funds as are necessary to cover any and

all costs of such research and development assistance;

(2) if the Secretary determines that the research and

development assistance to be provided is within the mission of

the Corps of Engineers and is in the public interest;

(3) if the entity has certified to the Secretary that provision

of such research and development assistance is not otherwise

reasonably and expeditiously obtainable from the private sector;

and

(4) if the entity has agreed to hold and save the United States

free from any damages due to any such research and development

assistance.

(b) Contract

The Secretary may provide research and development assistance

under subsection (a) of this section, or any part thereof, by

contract.

(c) Omitted

-SOURCE-

(Pub. L. 101-640, title III, Sec. 318, Nov. 28, 1990, 104 Stat.

4641.)

-COD-

CODIFICATION

Section is comprised of section 318 of Pub. L. 101-640. Subsec.

(c) of section 318 of Pub. L. 101-640 amended section 2314a of this

title.

Section was enacted as part of the Water Resources Development

Act of 1990, and not as part of the Water Resources Development Act

of 1986 which comprises this chapter.

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 101-640, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 2323a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2323a. Interagency and international support authority

-STATUTE-

(a) In general

The Secretary may engage in activities in support of other

Federal agencies or international organizations to address problems

of national significance to the United States.

(b) Consultation

The Secretary may engage in activities in support of

international organizations only after consulting with the

Secretary of State.

(c) Use of Corps' expertise

The Secretary may use the technical and managerial expertise of

the Corps of Engineers to address domestic and international

problems related to water resources, infrastructure development,

and environmental protection.

(d) Funding

There is authorized to be appropriated to carry out this section

$250,000 for fiscal year 2001 and each fiscal year thereafter. The

Secretary may accept and expend additional funds from other Federal

agencies or international organizations to carry out this section.

-SOURCE-

(Pub. L. 104-303, title II, Sec. 234, Oct. 12, 1996, 110 Stat.

3704; Pub. L. 106-541, title II, Sec. 207, Dec. 11, 2000, 114 Stat.

2590.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1996, and not as part of the Water Resources Development Act

of 1986 which comprises this chapter.

-MISC1-

AMENDMENTS

2000 - Subsec. (d). Pub. L. 106-541 substituted "There is

authorized to be appropriated to carry out this section $250,000

for fiscal year 2001 and each fiscal year thereafter." for "There

is authorized to be appropriated $1,000,000 to carry out this

section." and inserted "out" after "carry" in second sentence.

NATIONAL RECREATION RESERVATION SERVICE

Pub. L. 106-541, title II, Sec. 206, Dec. 11, 2000, 114 Stat.

2590, provided that: "Notwithstanding section 611 of the Treasury

and General Government Appropriations Act, 1999 (112 Stat.

2681-515), the Secretary [of the Army] may -

"(1) participate in the National Recreation Reservation Service

on an interagency basis; and

"(2) pay the Department of the Army's share of the activities

required to implement, operate, and maintain the Service."

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 104-303, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 2324 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2324. Reduced pricing for certain water supply storage

-STATUTE-

(a) Provision of storage space

If a low income community requests the Secretary to provide water

supply storage space in a water resources development project

operated by the Secretary and if the amount of space requested is

available or could be made available through reallocation of water

supply storage space in the project or through modifications to

operation of the project, the Secretary may provide such space to

the community at a price determined under subsection (c) of this

section.

(b) Maximum amount of storage space

The maximum amount of water supply storage space which may be

provided to a community under this section may not exceed an amount

of water supply storage space sufficient to yield 2,000,000 gallons

of water per day.

(c) Price

The Secretary shall provide water supply storage space under this

section at a price which is the greater of -

(1) the updated construction cost of the project allocated to

provide such amount of water supply storage space or $100 per

acre foot of storage space, whichever is less; and

(2) the value of the benefits which are lost as a result of

providing such water supply storage space.

(d) Determinations

For purposes of subsection (c) of this section, the

determinations of updated construction costs and value of benefits

lost shall be made by the Secretary on the basis of the most recent

information available.

(e) Inflation adjustment of dollar amount

The $100 amount set forth in subsection (c) of this section shall

be adjusted annually by the Secretary for changes in the Consumer

Price Index of All Urban Consumers published by the Bureau of Labor

Statistics.

(f) Non-Federal responsibilities

Nothing in this section shall be construed as affecting the

responsibility of non-Federal interests to provide operation and

maintenance costs assigned to water supply storage provided under

this section.

(g) "Low income community" defined

The term "low income community" means a community with a

population of less than 20,000 which is located in a county with a

per capita income less than the per capita income of two-thirds of

the counties in the United States.

-SOURCE-

(Pub. L. 101-640, title III, Sec. 322, Nov. 28, 1990, 104 Stat.

4643.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1990, and not as part of the Water Resources Development Act

of 1986 which comprises this chapter.

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 101-640, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 2325 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2325. Voluntary contributions for environmental and recreation

projects

-STATUTE-

(a) Acceptance

In connection with carrying out a water resources project for

environmental protection and restoration or a water resources

project for recreation, the Secretary is authorized to accept

contributions of cash, funds, materials, and services from persons,

including governmental entities but excluding the project sponsor.

(b) Deposit

Any cash or funds received by the Secretary under subsection (a)

of this section shall be deposited into the account in the Treasury

of the United States entitled "Contributions and Advances, Rivers

and Harbors, Corps of Engineers (8862)" and shall be available

until expended to carry out water resources projects described in

subsection (a) of this section.

-SOURCE-

(Pub. L. 102-580, title II, Sec. 203, Oct. 31, 1992, 106 Stat.

4826; Pub. L. 104-303, title II, Sec. 236(a), Oct. 12, 1996, 110

Stat. 3705.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1992, and not as part of the Water Resources Development Act

of 1986 which comprises this chapter.

-MISC1-

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-303 substituted "(8862)" for

"(8662)".

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 3 of Pub.

L. 102-580, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 2326 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2326. Beneficial uses of dredged material

-STATUTE-

(a) In general

The Secretary is authorized to carry out projects for the

protection, restoration, and creation of aquatic and ecologically

related habitats, including wetlands, in connection with dredging

for construction, operation, or maintenance by the Secretary of an

authorized navigation project.

(b) Secretarial findings

Subject to subsection (c) of this section, projects for the

protection, restoration, or creation of aquatic and ecologically

related habitats may be undertaken in any case where the Secretary

finds that -

(1) the environmental, economic, and social benefits of the

project, both monetary and nonmonetary, justify the cost thereof;

and

(2) the project would not result in environmental degradation.

(c) Cooperative agreement

Any project undertaken pursuant to this section shall be

initiated only after non-Federal interests have entered into a

binding agreement with the Secretary in which the non-Federal

interests agree to -

(1) provide 25 percent of the cost associated with construction

of the project for the protection, restoration, and creation of

aquatic and ecologically related habitats, including provision of

all lands, easements, rights-of-way, and necessary relocations;

and

(2) pay 100 percent of the operation, maintenance, replacement,

and rehabilitation costs associated with the project for the

protection, restoration, and creation of aquatic and ecologically

related habitats.

(d) Determination of construction costs

Costs associated with construction of a project for the

protection, restoration, and creation of aquatic and ecologically

related habitats shall be limited solely to construction costs

which are in excess of those costs necessary to carry out the

dredging for construction, operation, or maintenance of the

authorized navigation project in the most cost effective way,

consistent with economic, engineering, and environmental criteria.

(e) Selection of dredged material disposal method

In developing and carrying out a project for navigation involving

the disposal of dredged material, the Secretary may select, with

the consent of the non-Federal interest, a disposal method that is

not the least-cost option if the Secretary determines that the

incremental costs of such disposal method are reasonable in

relation to the environmental benefits, including the benefits to

the aquatic environment to be derived from the creation of wetlands

and control of shoreline erosion. The Federal share of such

incremental costs shall be determined in accordance with subsection

(c) of this section.

(f) Authorization of appropriations

There is authorized to be appropriated not to exceed $15,000,000

annually to carry out this section. Such sums shall remain

available until expended.

(g) Nonprofit entities

Notwithstanding section 1962d-5b of title 42, for any project

carried out under this section, a non-Federal interest may include

a nonprofit entity, with the consent of the affected local

government.

-SOURCE-

(Pub. L. 102-580, title II, Sec. 204, Oct. 31, 1992, 106 Stat.

4826; Pub. L. 104-303, title II, Sec. 207, Oct. 12, 1996, 110 Stat.

3680; Pub. L. 106-53, title II, Sec. 209, Aug. 17, 1999, 113 Stat.

287.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1992, and not as part of the Water Resources Development Act

of 1986 which comprises this chapter.

-MISC1-

AMENDMENTS

1999 - Subsec. (c). Pub. L. 106-53, Sec. 209(1), in introductory

provisions, substituted "binding agreement with the Secretary" for

"cooperative agreement in accordance with the requirements of

section 1962d-5b of title 42".

Subsec. (g). Pub. L. 106-53, Sec. 209(2), added subsec. (g).

1996 - Subsecs. (e), (f). Pub. L. 104-303 added subsec. (e) and

redesignated former subsec. (e) as (f).

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 3 of Pub.

L. 102-580, set out as a note under section 2201 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2326a of this title.

-End-

-CITE-

33 USC Sec. 2326a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2326a. Dredged material disposal facility partnerships

-STATUTE-

(a) Additional capacity

(1) Provided by Secretary

At the request of a non-Federal interest with respect to a

project, the Secretary may provide additional capacity at a

dredged material disposal facility constructed by the Secretary

beyond the capacity that would be required for project purposes

if the non-Federal interest agrees to pay, during the period of

construction, all costs associated with the construction of the

additional capacity.

(2) Cost recovery authority

The non-Federal interest may recover the costs assigned to the

additional capacity through fees assessed on third parties whose

dredged material is deposited at the facility and who enter into

agreements with the non-Federal interest for the use of the

facility. The amount of such fees may be determined by the

non-Federal interest.

(b) Non-Federal use of disposal facilities

(1) In general

The Secretary -

(A) may permit the use of any dredged material disposal

facility under the jurisdiction of, or managed by, the

Secretary by a non-Federal interest if the Secretary determines

that such use will not reduce the availability of the facility

for project purposes; and

(B) may impose fees to recover capital, operation, and

maintenance costs associated with such use.

(2) Use of fees

Notwithstanding section 1341(c) of this title but subject to

advance appropriations, any monies received through collection of

fees under this subsection shall be available to the Secretary,

and shall be used by the Secretary, for the operation and

maintenance of the disposal facility from which the fees were

collected.

(c) Public-private partnerships

(1) In general

The Secretary may carry out a program to evaluate and implement

opportunities for public-private partnerships in the design,

construction, management, or operation of dredged material

disposal facilities in connection with construction or

maintenance of Federal navigation projects. If a non-Federal

interest is a sponsor of the project, the Secretary shall consult

with the non-Federal interest in carrying out the program with

respect to the project.

(2) Private financing

(A) Agreements

In carrying out this subsection, the Secretary may enter into

an agreement with a non-Federal interest with respect to a

project, a private entity, or both for the acquisition, design,

construction, management, or operation of a dredged material

disposal facility (including any facility used to demonstrate

potential beneficial uses of dredged material) using funds

provided in whole or in part by the private entity.

(B) Reimbursement

If any funds provided by a private entity are used to carry

out a project under this subsection, the Secretary may

reimburse the private entity over a period of time agreed to by

the parties to the agreement through the payment of subsequent

user fees. Such fees may include the payment of a disposal or

tipping fee for placement of suitable dredged material at the

facility.

(C) Amount of fees

User fees paid pursuant to subparagraph (B) shall be

sufficient to repay funds contributed by the private entity

plus a reasonable return on investment approved by the

Secretary in cooperation with the non-Federal interest with

respect to the project and the private entity.

(D) Federal share

The Federal share of such fees shall be equal to the

percentage of the total cost that would otherwise be borne by

the Federal Government as required pursuant to existing

cost-sharing requirements, including section 2213 of this title

and section 2326 of this title.

(E) Budget Act compliance

Any spending authority (as defined in section 651(c)(2) of

title 2) authorized by this section shall be effective only to

such extent and in such amounts as are provided in

appropriation Acts.

-SOURCE-

(Pub. L. 104-303, title II, Sec. 217, Oct. 12, 1996, 110 Stat.

3694.)

-REFTEXT-

REFERENCES IN TEXT

The Budget Act, referred to in subsec. (c)(2)(E) heading,

probably means the Congressional Budget Act of 1974, titles I

through IX of Pub. L. 93-344, July 12, 1974, 88 Stat. 297, as

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

Short Title note set out under section 621 of Title 2, The

Congress, and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1996, and not as part of the Water Resources Development Act

of 1986 which comprises this chapter.

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 104-303, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 2326b 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2326b. Sediment management

-STATUTE-

(a) In general

The Secretary may enter into cooperation agreements with

non-Federal interests with respect to navigation projects, or other

appropriate non-Federal entities, for the development of long-term

management strategies for controlling sediments at such projects.

(b) Contents of strategies

Each strategy developed under subsection (a) of this section

shall -

(1) include assessments of sediment rates and composition,

sediment reduction options, dredging practices, long-term

management of any dredged material disposal facilities,

remediation of such facilities, and alternative disposal and

reuse options;

(2) include a timetable for implementation of the strategy; and

(3) incorporate relevant ongoing planning efforts, including

remedial action planning, dredged material management planning,

harbor and waterfront development planning, and watershed

management planning.

(c) Consultation

In developing strategies under subsection (a) of this section,

the Secretary shall consult with interested Federal agencies,

States, and Indian tribes and provide an opportunity for public

comment.

(d) Dredged material disposal

(1) Study

The Secretary shall conduct a study to determine the

feasibility of constructing and operating an underwater confined

dredged material disposal site in the Port of New York-New Jersey

that could accommodate as much as 250,000 cubic yards of dredged

material for the purpose of demonstrating the feasibility of an

underwater confined disposal pit as an environmentally suitable

method of containing certain sediments.

(2) Report

The Secretary shall transmit to Congress a report on the

results of the study conducted under paragraph (1), together with

any recommendations of the Secretary that may be developed in a

strategy under subsection (a) of this section.

(e) Great Lakes tributary model

(1) In general

In consultation and coordination with the Great Lakes States,

the Secretary shall develop a tributary sediment transport model

for each major river system or set of major river systems

depositing sediment into a Great Lakes federally authorized

commercial harbor, channel maintenance project site, or Area of

Concern identified under the Great Lakes Water Quality Agreement

of 1978. Such model may be developed as a part of a strategy

developed under subsection (a) of this section.

(2) Requirements for models

In developing a tributary sediment transport model under this

subsection, the Secretary shall build on data and monitoring

information generated in earlier studies and programs of the

Great Lakes and their tributaries.

(3) Report

Not later than December 31, 2003, the Secretary shall transmit

to Congress a report on the Secretary's activities under this

subsection.

(f) "Great Lakes States" defined

In this section, the term "Great Lakes States" means the States

of Illinois, Indiana, Michigan, Minnesota, New York, Ohio,

Pennsylvania, and Wisconsin.

(g) Authorization of appropriations

(1) In general

There is authorized to be appropriated to the Secretary to

carry out this section $5,000,000 for each of fiscal years 1998

through 2001.

(2) Great Lakes tributary model

In addition to amounts made available under paragraph (1),

there is authorized to be appropriated to carry out subsection

(e) of this section $5,000,000 for each of fiscal years 2002

through 2006.

-SOURCE-

(Pub. L. 104-303, title V, Sec. 516, Oct. 12, 1996, 110 Stat. 3763;

Pub. L. 106-541, title V, Sec. 505, Dec. 11, 2000, 114 Stat. 2645.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1996, and not as part of the Water Resources Development Act

of 1986 which comprises this chapter.

-MISC1-

AMENDMENTS

2000 - Subsec. (e)(3). Pub. L. 106-541, Sec. 505(1), added par.

(3).

Subsec. (g). Pub. L. 106-541, Sec. 505(2), designated existing

provisions as par. (1), inserted heading, realigned margins, and

added par. (2).

NEW YORK-NEW JERSEY HARBOR, NEW YORK AND NEW JERSEY

Pub. L. 106-53, title V, Sec. 540, Aug. 17, 1999, 113 Stat. 350,

provided that:

"(a) In General. - The Secretary shall conduct a study to analyze

the economic and environmental benefits and costs of potential

sediment management and contaminant reduction measures.

"(b) Cooperative Agreements. - In conducting the study, the

Secretary may enter into cooperative agreements with non-Federal

interests to investigate, develop, and support measures for

sediment management and reduction of sources of contaminant that

affect navigation in the Port of New York-New Jersey and the

environmental conditions of the New York-New Jersey Harbor

estuary."

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 104-303, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 2326c 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2326c. Dredged material marketing and recycling

-STATUTE-

(a) Dredged material marketing

(1) In general

Not later than 180 days after December 11, 2000, the Secretary

shall establish a program to allow the direct marketing of

dredged material to public agencies and private entities.

(2) Limitations

The Secretary shall not establish the program under paragraph

(1) unless the Secretary determines that the program is in the

interest of the United States and is economically justified,

equitable, and environmentally acceptable.

(3) Regional responsibility

The program described in paragraph (1) may authorize each of

the 8 division offices of the Corps of Engineers to market to

public agencies and private entities any dredged material from

projects under the jurisdiction of the regional office. Any

revenues generated from any sale of dredged material to such

entities shall be deposited in the United States Treasury.

(4) Reports

Not later than 180 days after December 11, 2000, and annually

thereafter for a period of 4 years, the Secretary shall transmit

to Congress a report on the program established under paragraph

(1).

(5) Authorization of appropriations

There is authorized to be appropriated to carry out this

subsection $2,000,000 for each fiscal year.

(b) Dredged material recycling

(1) Pilot program

The Secretary shall conduct a pilot program to provide

incentives for the removal of dredged material from confined

disposal facilities associated with Corps of Engineer navigation

projects for the purpose of recycling the dredged material and

extending the life of the confined disposal facilities.

(2) Report

Not later than 90 days after the date of completion of the

pilot program, the Secretary shall transmit to Congress a report

on the results of the program.

(3) Authorization of appropriations

There is authorized to be appropriated to carry out this

subsection $2,000,000, except that not to exceed $1,000,000 may

be expended with respect to any project.

-SOURCE-

(Pub. L. 106-541, title II, Sec. 215, Dec. 11, 2000, 114 Stat.

2594.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 2000, and not as part of the Water Resources Development Act

of 1986 which comprises this chapter.

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 106-541, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 2327 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2327. Definition of rehabilitation for inland waterway

projects

-STATUTE-

For purposes of laws relating to navigation on inland and

intracoastal waterways of the United States, the term

"rehabilitation" means -

(1) major project feature restoration -

(A) which consists of structural work on an inland navigation

facility operated and maintained by the Corps of Engineers;

(B) which will significantly extend the physical life of the

feature;

(C) which is economically justified by a benefit-cost

analysis;

(D) which will take at least 2 years to complete; and

(E)(i) which is initially funded before October 1, 1994, and

will require at least $5,000,000 in capital outlays; or

(ii) which is initially funded on or after such date and will

require at least $8,000,000 in capital outlays; and

(2) structural modification of a major project component (not

exhibiting reliability problems) -

(A) which will enhance the operational efficiency of such

component or any other major component of the project by

increasing benefits beyond the original project design; and

(B) which will require at least $1,000,000 in capital

outlays.

Such term does not include routine or deferred maintenance. The

dollar amounts referred to in paragraphs (1) and (2) shall be

adjusted annually according to the economic assumption published

each year as guidance in the Annual Program and Budget Request for

Civil Works Activities of the Corps of Engineers.

-SOURCE-

(Pub. L. 102-580, title II, Sec. 205, Oct. 31, 1992, 106 Stat.

4827.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1992, and not as part of the Water Resources Development Act

of 1986 which comprises this chapter.

-End-

-CITE-

33 USC Sec. 2328 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2328. Challenge cost-sharing program for management of

recreation facilities

-STATUTE-

(a) In general

The Secretary is authorized to develop and implement a program to

share the cost of managing recreation facilities and natural

resources at water resource development projects under the

Secretary's jurisdiction.

(b) Cooperative agreements

To implement the program under this section, the Secretary is

authorized to enter into cooperative agreements with non-Federal

public and private entities to provide for operation and management

of recreation facilities and natural resources at civil works

projects under the Secretary's jurisdiction where such facilities

and resources are being maintained at complete Federal expense.

(c) Contributions

For purposes of carrying out this section the Secretary may

accept contributions of funds, materials, and services from

non-Federal public and private entities. Any funds received by the

Secretary under this section shall be deposited into the account in

the Treasury of the United States entitled "Contributions and

Advances, Rivers and Harbors, Corps of Engineers (8862)" and shall

be available until expended to carry out the purposes of this

section.

-SOURCE-

(Pub. L. 102-580, title II, Sec. 225, Oct. 31, 1992, 106 Stat.

4838; Pub. L. 104-303, title II, Sec. 236(b), Oct. 12, 1996, 110

Stat. 3705.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1992, and not as part of the Water Resources Development Act

of 1986 which comprises this chapter.

-MISC1-

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-303 substituted "(8862)" for

"(8662)".

RECREATION PARTNERSHIP INITIATIVE

Section 519 of Pub. L. 104-303, as amended by Pub. L. 106-53,

title III, Sec. 350(a), Aug. 17, 1999, 113 Stat. 310, provided

that:

"(a) In General. - The Secretary shall promote Federal,

non-Federal, and private sector cooperation in creating public

recreation opportunities and developing the necessary supporting

infrastructure at water resources projects of the Corps of

Engineers.

"(b) Infrastructure Improvements. -

"(1) Recreation infrastructure improvements. - In determining

the feasibility of the public-private cooperative under

subsection (a), the Secretary shall provide such infrastructure

improvements as are necessary to support a potential private

recreational development at the Raystown Lake Project,

Pennsylvania, generally in accordance with the Master Plan Update

(1994) for the project.

"(2) Agreement. - The Secretary shall enter into an agreement

with an appropriate non-Federal public entity to ensure that the

infrastructure improvements constructed by the Secretary on

non-project lands pursuant to paragraph (1) are transferred to

and operated and maintained by the non-Federal public entity.

"(3) Engineering and design services. - The Secretary may

perform engineering and design services for project

infrastructure expected to be associated with the development of

the site at Raystown Lake, Hesston, Pennsylvania.

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

be appropriated to carry out this subsection $3,000,000.

"(c) Report. - Not later than December 31, 1998, the Secretary

shall transmit to Congress a report on the results of the

cooperative efforts carried out under this section, including the

improvements required by subsection (b)."

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 3 of Pub.

L. 102-580, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 2329 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2329. International outreach program

-STATUTE-

(a) In general

The Secretary is authorized to engage in activities to inform the

United States maritime industry and port authorities of

technological innovations abroad that could significantly improve

waterborne transportation in the United States, both inland and

deep draft. Such activities may include -

(1) development, monitoring, assessment, and dissemination of

information about foreign water transportation and port

facilities that could significantly improve water transportation

in the United States;

(2) research, development, training, and other forms of

technology transfer and exchange; and

(3) offering technical services which cannot be readily

obtained in the private sector to be incorporated in the

proposals of port authorities or other water transportation

developers if the costs for assistance will be recovered under

the terms of each project.

(b) Cooperation

The Secretary may carry out the provisions of this section in

cooperation with Federal departments and agencies, State and local

agencies, authorities, institutions, corporations (profit or

nonprofit), foreign governments, or other organizations.

(c) Funding

The funds to carry out the provisions of this section shall

include funds deposited in a special account with the Secretary of

the Treasury for such purposes by any cooperating entity or

organization according to cost-sharing agreements proscribed by the

Secretary. Reimbursement for services provided under this section

shall be credited to the appropriation concerned.

-SOURCE-

(Pub. L. 102-580, title IV, Sec. 401, Oct. 31, 1992, 106 Stat.

4862.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1992, and not as part of the Water Resources Development Act

of 1986 which comprises this chapter.

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 3 of Pub.

L. 102-580, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 2330 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2330. Aquatic ecosystem restoration

-STATUTE-

(a) General authority

The Secretary may carry out an aquatic ecosystem restoration and

protection project if the Secretary determines that the project -

(1) will improve the quality of the environment and is in the

public interest; and

(2) is cost-effective.

(b) Cost sharing

(1) In general

Non-Federal interests shall provide 35 percent of the cost of

construction of any project carried out under this section,

including provision of all lands, easements, rights-of-way, and

necessary relocations.

(2) Form

Before October 1, 2003, the Federal share of the cost of a

project under this section may be provided in the form of

reimbursements of project costs.

(c) Agreements

(1) In general

Construction of a project under this section shall be initiated

only after a non-Federal interest has entered into a binding

agreement with the Secretary to pay the non-Federal share of the

costs of construction required by this section and to pay 100

percent of any operation, maintenance, and replacement and

rehabilitation costs with respect to the project in accordance

with regulations prescribed by the Secretary.

(2) Nonprofit entities

Notwithstanding section 1962d-5b of title 42, for any project

carried out under this section, a non-Federal interest may

include a nonprofit entity, with the consent of the affected

local government.

(d) Cost limitation

Not more than $5,000,000 in Federal funds may be allotted under

this section for a project at any single locality.

(e) Funding

There is authorized to be appropriated to carry out this section

$25,000,000 for each fiscal year.

-SOURCE-

(Pub. L. 104-303, title II, Sec. 206, Oct. 12, 1996, 110 Stat.

3679; Pub. L. 106-53, title II, Sec. 210, Aug. 17, 1999, 113 Stat.

287.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1996, and not as part of the Water Resources Development Act

of 1986 which comprises this chapter.

-MISC1-

AMENDMENTS

1999 - Subsec. (b). Pub. L. 106-53, Sec. 210(1), designated

existing provisions as par. (1), inserted heading, and added par.

(2).

Subsec. (c). Pub. L. 106-53, Sec. 210(2), designated existing

provisions as par. (1), inserted heading, and added par. (2).

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 104-303, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 2331 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2331. Use of continuing contracts for construction of certain

projects

-STATUTE-

(a) In general

Notwithstanding any other provision of law, the Secretary shall

not implement a fully allocated funding policy with respect to a

water resource project if initiation of construction has occurred

but sufficient funds are not available to complete the project.

(b) Continuing contracts

The Secretary shall enter into a continuing contract for a

project described in subsection (a) of this section.

(c) Initiation of construction clarified

For the purposes of this section, initiation of construction for

a project occurs on the date of enactment of an Act that

appropriates funds for the project from 1 of the following

appropriation accounts:

(1) Construction, General.

(2) Operation and Maintenance, General.

(3) Flood Control, Mississippi River and Tributaries.

-SOURCE-

(Pub. L. 106-53, title II, Sec. 206, Aug. 17, 1999, 113 Stat. 286.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1999, and not as part of the Water Resources Development Act

of 1986 which comprises this chapter.

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 106-53, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 2332 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2332. Flood mitigation and riverine restoration program

-STATUTE-

(a) In general

The Secretary may undertake a program for the purpose of

conducting projects to reduce flood hazards and restore the natural

functions and values of rivers throughout the United States.

(b) Studies and projects

(1) Authority

In carrying out the program, the Secretary may conduct studies

to identify appropriate flood damage reduction, conservation, and

restoration measures and may design and implement projects

described in subsection (a) of this section.

(2) Consultation and coordination

The studies and projects carried out under this section shall

be conducted, to the maximum extent practicable, in consultation

and coordination with the Federal Emergency Management Agency and

other appropriate Federal agencies, and in consultation and

coordination with appropriate State and local agencies and

tribes.

(3) Nonstructural approaches

The studies and projects shall emphasize, to the maximum extent

practicable and appropriate, nonstructural approaches to

preventing or reducing flood damages.

(4) Participation

The studies and projects shall be conducted, to the maximum

extent practicable, in cooperation with State and local agencies

and tribes to ensure the coordination of local flood damage

reduction or riverine and wetland restoration studies with

projects that conserve, restore, and manage hydrologic and

hydraulic regimes and restore the natural functions and values of

floodplains.

(c) Cost-sharing requirements

(1) Studies

Studies conducted under this section shall be subject to cost

sharing in accordance with section 2215 of this title.

(2) Environmental restoration and nonstructural flood control

projects

(A) In general

The non-Federal interests shall pay 35 percent of the cost of

any environmental restoration or nonstructural flood control

project carried out under this section.

(B) Items provided by non-Federal interests

The non-Federal interests shall provide all land, easements,

rights-of-way, dredged material disposal areas, and relocations

necessary for such projects.

(C) Credit

The value of such land, easements, rights-of-way, dredged

material disposal areas, and relocations shall be credited

toward the payment required under this paragraph.

(3) Structural flood control projects

Any structural flood control projects carried out under this

section shall be subject to cost sharing in accordance with

section 2213(a) of this title.

(4) Operation and maintenance

The non-Federal interests shall be responsible for all costs

associated with operating, maintaining, replacing, repairing, and

rehabilitating all projects carried out under this section.

(d) Project justification

(1) In general

Notwithstanding any other provision of law or requirement for

economic justification established under section 1962-2 of title

42, the Secretary may implement a project under this section if

the Secretary determines that the project -

(A) will significantly reduce potential flood damages;

(B) will improve the quality of the environment; and

(C) is justified considering all costs and beneficial outputs

of the project.

(2) Establishment of selection and rating criteria and policies

(A) In general

Not later than 180 days after August 17, 1999, the Secretary,

in cooperation with State and local agencies and tribes, shall

-

(i) develop, and submit to the Committee on Transportation

and Infrastructure of the House of Representatives and the

Committee on Environment and Public Works of the Senate,

criteria for selecting and rating projects to be carried out

under this section; and

(ii) establish policies and procedures for carrying out the

studies and projects undertaken under this section.

(B) Criteria

The criteria referred to in subparagraph (A)(i) shall

include, as a priority, the extent to which the appropriate

State government supports the project.

(e) Priority areas

In carrying out this section, the Secretary shall examine

appropriate locations, including -

(1) Pima County, Arizona, at Paseo De Las Iglesias and Rillito

River;

(2) Coachella Valley, Riverside County, California;

(3) Los Angeles and San Gabriel Rivers, California;

(4) Murrieta Creek, California;

(5) Napa River Valley watershed, California, at Yountville, St.

Helena, Calistoga, and American Canyon;

(6) Santa Clara basin, California, at Upper Guadalupe River and

Tributaries, San Francisquito Creek, and Upper Penitencia Creek;

(7) Pond Creek, Kentucky;

(8) Red River of the North, Minnesota, North Dakota, and South

Dakota;

(9) Connecticut River, New Hampshire;

(10) Pine Mount Creek, New Jersey;

(11) Southwest Valley, Albuquerque, New Mexico;

(12) Upper Delaware River, New York;

(13) Briar Creek, North Carolina;

(14) Chagrin River, Ohio;

(15) Mill Creek, Cincinnati, Ohio;

(16) Tillamook County, Oregon;

(17) Willamette River basin, Oregon;

(18) Blair County, Pennsylvania, at Altoona and Frankstown

Township;

(19) Delaware River, Pennsylvania;

(20) Schuylkill River, Pennsylvania;

(21) Providence County, Rhode Island;

(22) Shenandoah River, Virginia;

(23) Lincoln Creek, Wisconsin; and (!1)

(24) Perry Creek, Iowa;

(25) Lester, St. Louis, East Savanna, and Floodwood Rivers,

Duluth, Minnesota;

(26) Lower Hudson River and tributaries, New York;

(27) Susquehanna River watershed, Bradford County,

Pennsylvania; and

(28) Clear Creek, Harris, Galveston, and Brazoria Counties,

Texas.

(f) Program review

(1) In general

The program established under this section shall be subject to

an independent review to evaluate the efficacy of the program in

achieving the dual goals of flood hazard mitigation and riverine

restoration.

(2) Report

Not later than April 15, 2003, 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 on the findings of the review

conducted under this subsection with any recommendations

concerning continuation of the program.

(g) Maximum Federal cost per project

Not more than $30,000,000 may be expended by the United States on

any single project under this section.

(h) Procedure

(1) All projects

The Secretary shall not implement any project under this

section until -

(A) the Secretary submits to the Committee on Environment and

Public Works of the Senate and the Committee on Transportation

and Infrastructure of the House of Representatives a written

notification describing the project and the determinations made

under subsection (d)(1) of this section; and

(B) 21 calendar days have elapsed after the date on which the

notification was received by the committees.

(2) Projects exceeding $15,000,000

(A) Limitation on appropriations

No appropriation shall be made to construct any project under

this section the total Federal cost of construction of which

exceeds $15,000,000 if the project has not been approved by

resolutions adopted by the Committee on Transportation and

Infrastructure of the House of Representatives and the

Committee on Environment and Public Works of the Senate.

(B) Report

For the purpose of securing consideration of approval under

this paragraph, the Secretary shall submit a report on the

proposed project, including all relevant data and information

on all costs.

(i) Authorization of appropriations

(1) In general

There are authorized to be appropriated to carry out this

section -

(A) $20,000,000 for fiscal year 2001;

(B) $30,000,000 for fiscal year 2002; and

(C) $50,000,000 for each of fiscal years 2003 through 2005.

(2) Full funding

All studies and projects carried out under this section from

Army Civil Works appropriations shall be fully funded within the

program funding levels provided in this subsection.

-SOURCE-

(Pub. L. 106-53, title II, Sec. 212, Aug. 17, 1999, 113 Stat. 288;

Pub. L. 106-541, title II, Sec. 227, Dec. 11, 2000, 114 Stat.

2599.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1999, and not as part of the Water Resources Development Act

of 1986 which comprises this chapter.

-MISC1-

AMENDMENTS

2000 - Subsec. (e)(24) to (28). Pub. L. 106-541 added pars. (24)

to (28).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 106-53, set out as a note under section 2201 of this title.

-FOOTNOTE-

(!1) So in original. The word "and" probably should not appear.

-End-

-CITE-

33 USC Sec. 2333 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2333. Irrigation diversion protection and fisheries

enhancement assistance

-STATUTE-

(a) In general

The Secretary may provide technical planning and design

assistance to non-Federal interests and may conduct other

site-specific studies to formulate and evaluate fish screens, fish

passages devices, and other measures to decrease the incidence of

juvenile and adult fish inadvertently entering irrigation systems.

(b) Cooperation

Measures under subsection (a) of this section -

(1) shall be developed in cooperation with Federal and State

resource agencies; and

(2) shall not impair the continued withdrawal of water for

irrigation purposes.

(c) Priority

In providing assistance under subsection (a) of this section, the

Secretary shall give priority based on -

(1) the objectives of the Endangered Species Act of 1973 (16

U.S.C. 1531 et seq.);

(2) cost-effectiveness; and

(3) the potential for reducing fish mortality.

(d) Non-Federal share

(1) In general

The non-Federal share of the cost of measures under subsection

(a) of this section shall be 50 percent.

(2) In-kind contributions

Not more than 50 percent of the non-Federal contribution may be

made through the provision of services, materials, supplies, or

other in-kind contributions.

(e) No construction activity

This section does not authorize any construction activity.

(f) Report

Not later than 2 years after August 17, 1999, the Secretary shall

submit to Congress a report on -

(1) fish mortality caused by irrigation water intake devices;

(2) appropriate measures to reduce fish mortality;

(3) the extent to which those measures are currently being

employed in arid States;

(4) the construction costs associated with those measures; and

(5) the appropriate Federal role, if any, to encourage the use

of those measures.

-SOURCE-

(Pub. L. 106-53, title V, Sec. 515, Aug. 17, 1999, 113 Stat. 344.)

-REFTEXT-

REFERENCES IN TEXT

The Endangered Species Act of 1973, referred to in subsec.

(c)(1), is Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as amended,

which is classified generally to chapter 35 (Sec. 1531 et seq.) of

Title 16, Conservation. For complete classification of this Act to

the Code, see Short Title note set out under section 1531 of Title

16 and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1999, and not as part of the Water Resources Development Act

of 1986 which comprises this chapter.

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 106-53, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 2334 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2334. Innovative technologies for watershed restoration

-STATUTE-

The Secretary shall examine using, and, if appropriate, encourage

the use of, innovative treatment technologies, including membrane

technologies, for watershed and environmental restoration and

protection projects involving water quality.

-SOURCE-

(Pub. L. 106-53, title V, Sec. 516, Aug. 17, 1999, 113 Stat. 344.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1999, and not as part of the Water Resources Development Act

of 1986 which comprises this chapter.

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 106-53, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 2335 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2335. Coastal aquatic habitat management

-STATUTE-

(a) In general

The Secretary may cooperate with the Secretaries of Agriculture

and the Interior, the Administrators of the Environmental

Protection Agency and the National Oceanic and Atmospheric

Administration, other appropriate Federal, State, and local

agencies, and affected private entities, in the development of a

management strategy to address problems associated with toxic

microorganisms and the resulting degradation of ecosystems in the

tidal and nontidal wetlands and waters of the United States.

(b) Assistance

As part of the management strategy, the Secretary may provide

planning, design, and other technical assistance to each

participating State in the development and implementation of

nonregulatory measures to mitigate environmental problems and

restore aquatic resources.

(c) Cost sharing

The Federal share of the cost of measures undertaken under this

section shall not exceed 65 percent.

(d) Operation and maintenance

The non-Federal share of operation and maintenance costs for

projects constructed with assistance provided under this section

shall be 100 percent.

(e) Authorization of appropriations

There is authorized to be appropriated to carry out this section

$7,000,000 for the period beginning with fiscal year 2000.

-SOURCE-

(Pub. L. 106-53, title V, Sec. 559, Aug. 17, 1999, 113 Stat. 354.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1999, and not as part of the Water Resources Development Act

of 1986 which comprises this chapter.

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 106-53, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 2336 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2336. Abandoned and inactive noncoal mine restoration

-STATUTE-

(a) In general

The Secretary may provide technical, planning, and design

assistance to Federal and non-Federal interests for carrying out

projects to address water quality problems caused by drainage and

related activities from abandoned and inactive noncoal mines.

(b) Specific measures

Assistance provided under subsection (a) of this section may be

in support of projects for the purposes of -

(1) managing drainage from abandoned and inactive noncoal

mines;

(2) restoring and protecting streams, rivers, wetlands, other

waterbodies, and riparian areas degraded by drainage from

abandoned and inactive noncoal mines; and

(3) demonstrating management practices and innovative and

alternative treatment technologies to minimize or eliminate

adverse environmental effects associated with drainage from

abandoned and inactive noncoal mines.

(c) Non-Federal share

The non-Federal share of the cost of assistance under subsection

(a) of this section shall be 50 percent, except that the Federal

share with respect to projects located on land owned by the United

States shall be 100 percent.

(d) Effect on authority of Secretary of the Interior

Nothing in this section affects the authority of the Secretary of

the Interior under title IV of the Surface Mining Control and

Reclamation Act of 1977 (30 U.S.C. 1231 et seq.).

(e) Technology database for reclamation of abandoned mines

The Secretary may provide assistance to non-Federal and nonprofit

entities to develop, manage, and maintain a database of

conventional and innovative, cost-effective technologies for

reclamation of abandoned and inactive noncoal mine sites. Such

assistance shall be provided through the Rehabilitation of

Abandoned Mine Sites Program managed by the Sacramento District

Office of the Corps of Engineers.

(f) Authorization of appropriations

There is authorized to be appropriated to carry out this section

$5,000,000.

-SOURCE-

(Pub. L. 106-53, title V, Sec. 560, Aug. 17, 1999, 113 Stat. 354.)

-REFTEXT-

REFERENCES IN TEXT

The Surface Mining Control and Reclamation Act of 1977, referred

to in subsec. (d), is Pub. L. 95-87, Aug. 3, 1977, 91 Stat. 445, as

amended. Title IV of the Act is classified generally to subchapter

IV (Sec. 1231 et seq.) of chapter 25 of Title 30, Mineral Lands and

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

Short Title note set out under section 1201 of Title 30 and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1999, and not as part of the Water Resources Development Act

of 1986 which comprises this chapter.

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 106-53, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 2337 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2337. Property protection program

-STATUTE-

(a) In general

The Secretary may carry out a program to reduce vandalism and

destruction of property at water resources development projects

under the jurisdiction of the Department of the Army.

(b) Provision of rewards

In carrying out the program, the Secretary may provide rewards

(including cash rewards) to individuals who provide information or

evidence leading to the arrest and prosecution of individuals

causing damage to Federal property.

(c) Authorization of appropriations

There is authorized to be appropriated to carry out this section

$500,000 for fiscal year 2001 and each fiscal year thereafter.

-SOURCE-

(Pub. L. 106-541, title II, Sec. 205, Dec. 11, 2000, 114 Stat.

2590.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 2000, and not as part of the Water Resources Development Act

of 1986 which comprises this chapter.

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 106-541, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 2338 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2338. Reburial and conveyance authority

-STATUTE-

(a) Definition of Indian tribe

In this section, the term "Indian tribe" has the meaning given

the term in section 450b of title 25.

(b) Reburial

(1) Reburial areas

In consultation with affected Indian tribes, the Secretary may

identify and set aside areas at civil works projects of the

Department of the Army that may be used to rebury Native American

remains that -

(A) have been discovered on project land; and

(B) have been rightfully claimed by a lineal descendant or

Indian tribe in accordance with applicable Federal law.

(2) Reburial

In consultation with and with the consent of the lineal

descendant or the affected Indian tribe, the Secretary may

recover and rebury, at Federal expense, the remains at the areas

identified and set aside under subsection (b)(1) of this section.

(c) Conveyance authority

(1) In general

Subject to paragraph (2), notwithstanding any other provision

of law, the Secretary may convey to an Indian tribe for use as a

cemetery an area at a civil works project that is identified and

set aside by the Secretary under subsection (b)(1) of this

section.

(2) Retention of necessary property interests

In carrying out paragraph (1), the Secretary shall retain any

necessary right-of-way, easement, or other property interest that

the Secretary determines to be necessary to carry out the

authorized purposes of the project.

-SOURCE-

(Pub. L. 106-541, title II, Sec. 208, Dec. 11, 2000, 114 Stat.

2590.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 2000, and not as part of the Water Resources Development Act

of 1986 which comprises this chapter.

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 106-541, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 2339 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 36 - WATER RESOURCES DEVELOPMENT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 2339. Assistance programs

-STATUTE-

(a) Conservation and recreation management

To further training and educational opportunities at water

resources development projects under the jurisdiction of the

Secretary, the Secretary may enter into cooperative agreements with

non-Federal public and nonprofit entities for services relating to

natural resources conservation or recreation management.

(b) Rural community assistance

In carrying out studies and projects under the jurisdiction of

the Secretary, the Secretary may enter into cooperative agreements

with multistate regional private nonprofit rural community

assistance entities for services, including water resource

assessment, community participation, planning, development, and

management activities.

(c) Cooperative agreements

A cooperative agreement entered into under this section shall not

be considered to be, or treated as being, a cooperative agreement

to which chapter 63 of title 31 applies.

-SOURCE-

(Pub. L. 106-541, title II, Sec. 213, Dec. 11, 2000, 114 Stat.

2593.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 2000, and not as part of the Water Resources Development Act

of 1986 which comprises this chapter.

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 106-541, set out as a note under section 2201 of this title.

-End-