Title 33 -- Navigation and Navigable Waters


-CITE-
    33 USC CHAPTER 36 - WATER RESOURCES DEVELOPMENT              01/05/99
 
-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.
    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.
    2268. Marine technology review.
                  (a) Dredging needs.
                  (b) 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.
    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) Annual report.
                  (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. Reports on hydropower statistics.
    2302. Reports on small business contracts.
    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) Biennial report.
                  (g) Authorization of appropriations.
                  (h) 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) Reports.
                  (c) ''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) Benefit-cost analysis.
                  (b) Counties substantially located within 100-year
                        flood plain.
                  (c) Cost sharing.
                  (d) Regulations.
                  (e) 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) 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.
    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.
    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.
 
-CITE-
    33 USC Sec. 2201                                             01/05/99
 
-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.
 
-MISC2-
                       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 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'.''
       BUY AMERICAN; SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE
      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. 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.''
 
-CITE-
    33 USC SUBCHAPTER I - COST SHARING                           01/05/99
 
-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.
 
-CITE-
    33 USC Sec. 2211                                             01/05/99
 
-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.
 
-MISC2-
                                 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.''
                     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.
 
-CITE-
    33 USC Sec. 2212                                             01/05/99
 
-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.
 
-CITE-
    33 USC Sec. 2213                                             01/05/99
 
-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
      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.
    (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
      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.
    (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.
    (l) 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 flood control
      or agricultural water supply shall be subject to the ability of a
      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 on the day before October 12, 1996; except
      that such criteria and procedures shall be revised within 1 year
      after October 12, 1996, to reflect the requirements of 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;
          (B) shall not consider criteria (other than criteria
        described in subparagraph (A)) in effect on the day before
        October 12, 1996; and
          (C) 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, Sec. 202(a)(1)(A), (2), (b)(1), 210(a), Oct. 12, 1996,
    110 Stat. 3673, 3681.)
 
-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.
 
-MISC2-
                                 AMENDMENTS
      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 of this title.
 
-CITE-
    33 USC Sec. 2214                                             01/05/99
 
-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.
 
-CITE-
    33 USC Sec. 2215                                             01/05/99
 
-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
          Not more than 1/2 of 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.)
 
-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.
 
-MISC2-
                                 AMENDMENTS
      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 section 2282 of this title.
 
-CITE-
    33 USC Sec. 2216                                             01/05/99
 
-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.
 
-CITE-
    33 USC Sec. 2217                                             01/05/99
 
-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.
 
-CITE-
    33 USC Sec. 2218                                             01/05/99
 
-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.
 
-CITE-
    33 USC Sec. 2219                                             01/05/99
 
-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.)
 
-CITE-
    33 USC Sec. 2220                                             01/05/99
 
-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.
 
-CITE-
    33 USC SUBCHAPTER II - HARBOR DEVELOPMENT                    01/05/99
 
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 36 - WATER RESOURCES DEVELOPMENT
    SUBCHAPTER II - HARBOR DEVELOPMENT
    .
 
-HEAD-
    SUBCHAPTER II - HARBOR DEVELOPMENT
 
-CITE-
    33 USC Sec. 2231                                             01/05/99
 
-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.
 
-CITE-
    33 USC Sec. 2232                                             01/05/99
 
-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.
 
-MISC2-
                                 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.
 
-CITE-
    33 USC Sec. 2233                                             01/05/99
 
-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.
 
-CITE-
    33 USC Sec. 2234                                             01/05/99
 
-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.)
 
-CITE-
    33 USC Sec. 2235                                             01/05/99
 
-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.)
 
-CITE-
    33 USC Sec. 2236                                             01/05/99
 
-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) (FOOTNOTE 1) of this
        section;
       (FOOTNOTE 1) See References in Text note below.
          (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) (FOOTNOTE 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) 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.
 
-MISC2-
                                 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.''
 
-CITE-
    33 USC Sec. 2237                                             01/05/99
 
-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.)
 
-CITE-
    33 USC Sec. 2238                                             01/05/99
 
-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.
 
-CITE-
    33 USC Sec. 2239                                             01/05/99
 
-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, 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.
      ''(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 $10,000,000. 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).''
       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.''
 
-CITE-
    33 USC Sec. 2240                                             01/05/99
 
-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.)
 
-CITE-
    33 USC Sec. 2241                                             01/05/99
 
-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.
 
-MISC2-
                                 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.
 
-CITE-
    33 USC SUBCHAPTER III - INLAND WATERWAY TRANSPORTATION
                  SYSTEM                                         01/05/99
 
-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
 
-CITE-
    33 USC Sec. 2251                                             01/05/99
 
-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. 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.)
 
-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.
 
-CITE-
    33 USC SUBCHAPTER IV - WATER RESOURCES STUDIES               01/05/99
 
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 36 - WATER RESOURCES DEVELOPMENT
    SUBCHAPTER IV - WATER RESOURCES STUDIES
    .
 
-HEAD-
    SUBCHAPTER IV - WATER RESOURCES STUDIES
 
-CITE-
    33 USC Sec. 2261                                             01/05/99
 
-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.
 
-CITE-
    33 USC Sec. 2262                                             01/05/99
 
-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.)
 
-CITE-
    33 USC Sec. 2263                                             01/05/99
 
-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) 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) 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 $7,000,000 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 -
        (1) the construction of a reef for fish habitat in Lake Erie in
      the vicinity of Buffalo, New York;
        (2) the construction of a reef for fish habitat in the Atlantic
      Ocean in the vicinity of Fort Lauderdale, Florida;
        (3) the construction of a reef for fish habitat in Lake Ontario
      in the vicinity of the town of Newfane, New York; and
        (4) the construction of a reef for fish habitat in the
      Chesapeake Bay in Maryland and Virginia.
    The non-Federal share of the cost of any project under this section
    shall be 25 percent.
 
-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.)
 
-MISC1-
                                 AMENDMENTS
      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).
 
-CITE-
    33 USC Sec. 2264                                             01/05/99
 
-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) 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.)
 
-CITE-
    33 USC Sec. 2265                                             01/05/99
 
-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.
 
-CITE-
    33 USC Sec. 2266                                             01/05/99
 
-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.)
 
-CITE-
    33 USC Sec. 2267                                             01/05/99
 
-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.
 
-CITE-
    33 USC Sec. 2268                                             01/05/99
 
-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.
 
-CITE-
    33 USC SUBCHAPTER V - GENERAL PROVISIONS                     01/05/99
 
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 36 - WATER RESOURCES DEVELOPMENT
    SUBCHAPTER V - GENERAL PROVISIONS
    .
 
-HEAD-
    SUBCHAPTER V - GENERAL PROVISIONS
 
-CITE-
    33 USC Sec. 2280                                             01/05/99
 
-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.
 
-MISC2-
                                 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).
 
-CITE-
    33 USC Sec. 2281                                             01/05/99
 
-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.
 
-CITE-
    33 USC Sec. 2282                                             01/05/99
 
-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), (FOOTNOTE 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.
       (FOOTNOTE 1) See References in Text note below.
    (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.
 
-SOURCE-
    (Pub. L. 99-662, title IX, Sec. 905, Nov. 17, 1986, 100 Stat.
    4185.)
 
-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.
 
-CITE-
    33 USC Sec. 2283                                             01/05/99
 
-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
      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 (1) a recommendation with
    a specific plan to mitigate fish and wildlife losses created by
    such project, or (2) 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.
    (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. 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.)
 
-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.
 
-MISC2-
                                 AMENDMENTS
      1992 - Subsec. (c). Pub. L. 102-580 inserted '', including lands,
    easements, rights-of-way, and relocations,'' before ''for
    implementation and operation''.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 652, 2211, 2213 of this
    title.
 
-CITE-
    33 USC Sec. 2284                                             01/05/99
 
-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.)
 
-CITE-
    33 USC Sec. 2284a                                            01/05/99
 
-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.
 
-CITE-
    33 USC Sec. 2284b                                            01/05/99
 
-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.
 
-CITE-
    33 USC Sec. 2285                                             01/05/99
 
-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 (FOOTNOTE 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.
       (FOOTNOTE 1) So in original.  Probably should be capitalized.
 
-SOURCE-
    (Pub. L. 99-662, title IX, Sec. 908, Nov. 17, 1986, 100 Stat.
    4188.)
 
-CITE-
    33 USC Sec. 2286                                             01/05/99
 
-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.
 
-CITE-
    33 USC Sec. 2287                                             01/05/99
 
-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) Annual report
      Not later than January 15, 1987, and each January 15 thereafter,
    the Secretary shall prepare and transmit a report on the activities
    undertaken under this section in the preceding fiscal year to the
    Committee on Public Works and Transportation of the House of
    Representatives and the Committee on Environment and Public Works
    of the Senate.
    (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.)
 
-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.
 
-CITE-
    33 USC Sec. 2288                                             01/05/99
 
-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.)
 
-CITE-
    33 USC Sec. 2289                                             01/05/99
 
-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.)
 
-CITE-
    33 USC Sec. 2290                                             01/05/99
 
-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.
 
-CITE-
    33 USC Sec. 2291                                             01/05/99
 
-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''.
 
-CITE-
    33 USC Sec. 2292                                             01/05/99
 
-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 (40 U.S.C. 541 et seq.).
 
-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 Federal Property and Administrative
    Services Act is classified generally to subchapter VI (Sec. 541 et
    seq.) of chapter 10 of Title 40, Public Buildings, Property, and
    Works. For complete classification of this Act to the Code, see
    Short Title note set out under section 471 of Title 40 and Tables.
 
-CITE-
    33 USC Sec. 2293                                             01/05/99
 
-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.
 
-CITE-
    33 USC Sec. 2294                                             01/05/99
 
-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.)
 
-CITE-
    33 USC Sec. 2295                                             01/05/99
 
-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.)
 
-CITE-
    33 USC Sec. 2296                                             01/05/99
 
-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.)
 
-CITE-
    33 USC Sec. 2297                                             01/05/99
 
-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.
 
-CITE-
    33 USC Sec. 2298                                             01/05/99
 
-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.
 
-CITE-
    33 USC Sec. 2299                                             01/05/99
 
-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.)
 
-CITE-
    33 USC Sec. 2300                                             01/05/99
 
-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.''
 
-CITE-
    33 USC Sec. 2301                                             01/05/99
 
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 36 - WATER RESOURCES DEVELOPMENT
    SUBCHAPTER V - GENERAL PROVISIONS
 
-HEAD-
    Sec. 2301. Reports on hydropower statistics
 
-STATUTE-
      Not later than January 15, 1988, and each January 15 thereafter,
    the Secretary shall transmit 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 report which -
        (1) specifies the amount of electricity generated by each water
      resource project constructed by the Secretary which generated
      electricity in the preceding fiscal year;
        (2) specifies the revenues received by the United States from
      the sale of electricity generated by such project; and
        (3) specifies the costs of construction, operation, and
      maintenance of such project allocated to the generation of
      electricity.
    In carrying out the study under this section, the Secretary shall
    compare the actual amount of capital costs repaid to that amount
    that would be required to repay capital costs.  The first report
    submitted under this section shall specify the amounts of
    electricity generated, the revenues received, and the costs
    allocated for each such project before October 1, 1985, on a fiscal
    year basis in constant dollars.  Each report thereafter shall
    specify the amounts of electricity generated, the revenues
    received, and the costs allocated for each such project for the
    preceding fiscal year.
 
-SOURCE-
    (Pub. L. 99-662, title IX, Sec. 937, Nov. 17, 1986, 100 Stat.
    4198.)
 
-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.
 
-CITE-
    33 USC Sec. 2302                                             01/05/99
 
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 36 - WATER RESOURCES DEVELOPMENT
    SUBCHAPTER V - GENERAL PROVISIONS
 
-HEAD-
    Sec. 2302. Reports on small business contracts
 
-STATUTE-
      (a)(1) The Secretary shall, on an annual basis, transmit 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 report describing the number and dollar amount of
    contracts awarded in each industry category or subcategory broken
    down by Engineer District of the Army Corps of Engineers. Such
    report shall include the number and dollar amount of contracts (A)
    set aside for small business concerns; (B) awarded to small
    business or small disadvantaged business concerns; (C) available
    for competition by qualified firms of all sizes; and (D) awarded to
    other than small business or small disadvantaged business concerns.
      (2) For purposes of this section, the term -
        (A) ''contract'' means any contract, or any subcontract in
      connection with a subcontracting plan entered into pursuant to
      section 637(d) of title 15, which is funded through
      appropriations made available to the Corps of Engineers-Civil;
      and
        (B) ''industry category or subcategory'' means the four digit
      SIC category or subcategory defined by the Small Business
      Administration.
      (b) In the interest of efficient and cost effective operations by
    the Secretary, the Comptroller General of the United States shall
    conduct a study of the Secretary's contracting procedures for civil
    works projects.  Such study shall examine whether potential bidders
    or offerors, regardless of their size, are allowed to compete
    fairly in the interest of lowering cost on contracts for
    construction.  Within two years of November 17, 1986, the
    Comptroller General shall report his findings to Congress together
    with an assessment of whether contract procedures are applied
    uniformly among the various field offices under the Secretary's
    jurisdiction.  The report shall also provide recommendations on
    improving contracting procedures, including (1) how the Secretary
    can prepare proposals for construction that assure, to the greatest
    extent reasonable, that no potential bidder or offeror is precluded
    from competing fairly for contracts, (2) whether recordkeeping
    requirements imposed by the Secretary on contractors are
    appropriate in the interest of competition, and (3) the extent to
    which the private sector can be used more efficiently by the
    Secretary in contracting for construction, architecture,
    engineering, surveying, and mapping.
 
-SOURCE-
    (Pub. L. 99-662, title IX, Sec. 938, Nov. 17, 1986, 100 Stat.
    4198.)
 
-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.
 
-CITE-
    33 USC Sec. 2303                                             01/05/99
 
-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.)
 
-CITE-
    33 USC Sec. 2304                                             01/05/99
 
-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.
 
-CITE-
    33 USC Sec. 2305                                             01/05/99
 
-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.)
 
-CITE-
    33 USC Sec. 2306                                             01/05/99
 
-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.
 
-CITE-
    33 USC Sec. 2307                                             01/05/99
 
-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.)
 
-CITE-
    33 USC Sec. 2308                                             01/05/99
 
-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.)
 
-CITE-
    33 USC Sec. 2309                                             01/05/99
 
-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)
    (FOOTNOTE 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.
       (FOOTNOTE 1) See References in Text note below.
      (B) Subject to such rules as may be prescribed by the Board,
    without regard to 5311(b) (FOOTNOTE 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.
 
-CITE-
    33 USC Sec. 2309a                                            01/05/99
 
-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
      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.
    (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) Biennial report
      Beginning in 1992 and every 2 years thereafter, the Secretary
    shall transmit to Congress a report on the results of reviews
    conducted under subsection (a) of this section and on the programs
    conducted under subsections (b) and (c) of this section.
    (g) Authorization of appropriations
      There is authorized to be appropriated not to exceed $25,000,000
    annually to carry out this section.
    (h) 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.)
 
-COD-
                                CODIFICATION
      Section was formerly set out as a note under section 2294 of this
    title.
 
-MISC3-
                                 AMENDMENTS
      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''.
 
-CITE-
    33 USC Sec. 2310                                             01/05/99
 
-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.
 
-CITE-
    33 USC Sec. 2311                                             01/05/99
 
-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.
 
-CITE-
    33 USC Sec. 2312                                             01/05/99
 
-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.
 
-CITE-
    33 USC Sec. 2313                                             01/05/99
 
-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.
 
-MISC3-
                                 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.
 
-CITE-
    33 USC Sec. 2313a                                            01/05/99
 
-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.
 
-CITE-
    33 USC Sec. 2313b                                            01/05/99
 
-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.
 
-CITE-
    33 USC Sec. 2314                                             01/05/99
 
-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) 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.
    (c) ''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.)
 
-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.
 
-CITE-
    33 USC Sec. 2314a                                            01/05/99
 
-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.
 
-MISC3-
                                 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.
 
-CITE-
    33 USC Sec. 2315                                             01/05/99
 
-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.
 
-CITE-
    33 USC Sec. 2316                                             01/05/99
 
-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.
 
-CITE-
    33 USC Sec. 2317                                             01/05/99
 
-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.
 
-MISC3-
                     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.
 
-CITE-
    33 USC Sec. 2318                                             01/05/99
 
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 36 - WATER RESOURCES DEVELOPMENT
    SUBCHAPTER V - GENERAL PROVISIONS
 
-HEAD-
    Sec. 2318. Flood plain management
 
-STATUTE-
    (a) 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) 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.
    (c) 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.).
    (d) Regulations
      Not later than 6 months after the date on which a report is
    transmitted to Congress under subsection (b) 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.
    (e) 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.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The National Flood Insurance Act of 1968, referred to in subsec.
    (c), 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.
 
-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.
 
-CITE-
    33 USC Sec. 2319                                             01/05/99
 
-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.
 
-MISC3-
                                 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.
 
-CITE-
    33 USC Sec. 2320                                             01/05/99
 
-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.
 
-CITE-
    33 USC Sec. 2321                                             01/05/99
 
-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.
 
-CITE-
    33 USC Sec. 2321a                                            01/05/99
 
-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 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 -
        (1) is 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 the 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) 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.)
 
-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.
 
-CITE-
    33 USC Sec. 2322                                             01/05/99
 
-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.
 
-CITE-
    33 USC Sec. 2323                                             01/05/99
 
-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.
 
-CITE-
    33 USC Sec. 2323a                                            01/05/99
 
-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 $1,000,000 to carry out
    this section.  The Secretary may accept and expend additional funds
    from other Federal agencies or international organizations to carry
    (FOOTNOTE 1) this section.
       (FOOTNOTE 1) So in original.  Probably should be followed by
    ''out''.
 
-SOURCE-
    (Pub. L. 104-303, title II, Sec. 234, 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.
 
-CITE-
    33 USC Sec. 2324                                             01/05/99
 
-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.
 
-CITE-
    33 USC Sec. 2325                                             01/05/99
 
-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.
 
-MISC3-
                                 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.
 
-CITE-
    33 USC Sec. 2326                                             01/05/99
 
-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
    cooperative agreement in accordance with the requirements of
    section 1962d-5b of title 42 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.
 
-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.)
 
-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.
 
-MISC3-
                                 AMENDMENTS
      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.
 
-CITE-
    33 USC Sec. 2326a                                            01/05/99
 
-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.
 
-CITE-
    33 USC Sec. 2326b                                            01/05/99
 
-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.
    (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
      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.
 
-SOURCE-
    (Pub. L. 104-303, title V, Sec. 516, Oct. 12, 1996, 110 Stat.
    3763.)
 
-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.
 
-CITE-
    33 USC Sec. 2327                                             01/05/99
 
-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.
 
-CITE-
    33 USC Sec. 2328                                             01/05/99
 
-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.
 
-MISC3-
                                 AMENDMENTS
      1996 - Subsec. (c). Pub. L. 104-303 substituted ''(8862)'' for
    ''(8662)''.
                     RECREATION PARTNERSHIP INITIATIVE
      Section 519 of Pub. L. 104-303 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) 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.
 
-CITE-
    33 USC Sec. 2329                                             01/05/99
 
-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.
 
-CITE-
    33 USC Sec. 2330                                             01/05/99
 
-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
      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.
    (c) Agreements
      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.
    (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.)
 
-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.


Title 33 Index       U.S. Code Index