USC Subchapter IV

in effect

33 U.S.C. § 2261 Territories development study

The Secretary is hereby authorized and directed to make studies in cooperation with the Secretary of the Interior and the governments of the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands for the purposes of providing plans for the development, utilization, and conservation of water and related land resources of such jurisdiction, at a total cost of $2,000,000 for each of the five studies. Such studies shall include appropriate consideration of the needs for flood protection, wise use of flood plain lands, navigation facilities, hydroelectric power generation, regional water supply and waste water management facilities systems, general recreation facilities, enhancement and control of water quality, enhancement and conservation of fish and wildlife, and other measures for environmental enhancement, economic and human resources development. Such studies shall be compatible with comprehensive development plans formulated by local planning agencies and other interested Federal agencies. Any funds made available under this section for a study for any such jurisdiction which is not needed for such study shall be available to the Secretary to construct authorized water resources projects in such jurisdiction and to implement the findings of such study with appropriate cost sharing as provided in this Act.

33 U.S.C. § 2262 Survey of potential for use of certain facilities as hydroelectric facilities

(a) Survey authorityThe 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 appropriationsThere 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.

33 U.S.C. § 2263 Study of Corps capability to conserve fish and wildlife

(a) Investigation and studyThe Secretary shall investigate and study the feasibility of utilizing the capabilities of the United States Army Corps of Engineers to conserve fish and wildlife (including their habitats) where such fish and wildlife are indigenous to the United States, its possessions, or its territories. The scope of such study shall include the use of engineering or construction capabilities to create alternative habitats, or to improve, enlarge, develop, or otherwise beneficially modify existing habitats of such fish and wildlife. The study shall be conducted in consultation with the Director of the Fish and Wildlife Service of the Department of the Interior, the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration, and the Administrator of the Environmental Protection Agency, and shall be transmitted within the 30-month period beginning on November 17, 1986, by the Secretary to Congress, together with the findings, conclusions, and recommendations of the Chief of Engineers. The Secretary, in consultation with the Federal officers referred to in the preceding sentence, shall undertake a continuing review of the matters covered in the study and shall transmit to Congress, on a biennial basis, any revisions to the study that may be required as a result of the review, together with the findings, conclusions, and recommendations of the Chief of Engineers. (b) Projects(1) In generalThe 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 $120,000,000 to carry out such projects. (2) InclusionsSuch projects shall be developed, and their effectiveness evaluated, in consultation with the Director of the Fish and Wildlife Service and the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration. Such projects shall include—(A) the construction of a reef for fish habitat in Lake Erie in the vicinity of Buffalo, New York; (B) the construction of a reef for fish habitat in the Atlantic Ocean in the vicinity of Fort Lauderdale, Florida; (C) the construction of a reef for fish habitat in Lake Ontario in the vicinity of the town of Newfane, New York; and (D) the restoration and rehabilitation of habitat for fish, including native oysters, in the Chesapeake Bay and its tributaries in Virginia and Maryland, including—(i) the construction of oyster bars and reefs; (ii) the rehabilitation of existing marginal habitat; (iii) the use of appropriate alternative substrate material in oyster bar and reef construction; (iv) the construction and upgrading of oyster hatcheries; and (v) activities relating to increasing the output of native oyster broodstock for seeding and monitoring of restored sites to ensure ecological success. (3) Restoration and rehabilitation activitiesThe restoration and rehabilitation activities described in paragraph (2)(D) shall be—(A) for the purpose of establishing permanent sanctuaries and harvest management areas; and (B) consistent with plans and strategies for guiding the restoration of the Chesapeake Bay oyster resource and fishery. (4) Cost sharing(A) In generalThe non-Federal share of the cost of any project under this subsection shall be 25 percent. (B) FormThe non-Federal share may be provided through in-kind services, including—(i) the provision by the non-Federal interest of shell stock material that is determined by the Secretary to be suitable for use in carrying out the project; and (ii) in the case of a project carried out under paragraph (2)(D) after June 10, 2014, land conservation or restoration efforts undertaken by the non-Federal interest that the Secretary determines provide water quality benefits that—(I) enhance the viability of oyster restoration efforts; (II) are integral to the project; and (III) are cost effective. (C) ApplicabilityThe non-Federal interest shall be credited with the value of in-kind services provided on or after October 1, 2000, for a project described in paragraph (1) completed on or after that date, if the Secretary determines that the work is integral to the project. (5) Definition of ecological successIn this subsection, the term “ecological success” means—(A) achieving a tenfold increase in native oyster biomass by the year 2010, from a 1994 baseline; and (B) the establishment of a sustainable fishery as determined by a broad scientific and economic consensus. In carrying out paragraph (4),11 See References in Text note below. the Chief of Engineers may solicit participation by and the services of commercial watermen in the construction of the reefs.

33 U.S.C. § 2263a Aquatic invasive species research

(a) In generalAs part of the ongoing activities of the Engineer Research and Development Center to address the spread and impacts of aquatic invasive species, the Secretary shall undertake research on the prevention, management, and eradication of aquatic invasive species, including Asian carp, elodea, hydrilla, quagga mussels, and zebra mussels. (b) LocationsIn carrying out subsection (a), the Secretary shall work with Corps of Engineers district offices representing diverse geographical regions of the continental United States that are impacted or could be impacted in the future by aquatic invasive species, such as the Atlantic, Pacific, Arctic, and Gulf Coasts, the Great Lakes, and reservoirs operated and maintained by the Secretary. (c) ReportNot later than 180 days after October 23, 2018, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report recommending a plan to address the spread and impacts of aquatic invasive species.

33 U.S.C. § 2265 Columbia River/Arkansas River Basin transfers

(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.

33 U.S.C. § 2266 Canadian tidal power study

(a) Study authorityThe 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 phasesThe 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 appropriationsIn 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.

33 U.S.C. § 2267 New York Bight study

(a) Study authorityThe 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 modelIn 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 recommendationsThe 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 appropriationsThere 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.

33 U.S.C. § 2267a Watershed and river basin assessments

(a) In generalThe Secretary may assess the water resources needs of river basins and watersheds of the United States, including needs relating to—(1) ecosystem protection and restoration; (2) flood damage reduction; (3) navigation and ports; (4) watershed protection; (5) water supply; (6) drought preparedness; (7) sea level rise; (8) coastal storm damage reduction; and (9) streambank and shoreline protection. (b) CooperationAn assessment under subsection (a) shall be carried out in cooperation and coordination with—(1) the Secretary of the Interior; (2) the Secretary of Agriculture; (3) the Secretary of Commerce; (4) the Administrator of the Environmental Protection Agency; and (5) the heads of other appropriate agencies. (c) ConsultationIn carrying out an assessment under subsection (a), the Secretary shall consult with Federal, tribal, State, interstate, and local governmental entities. (d) Priority river basins and watershedsIn selecting river basins and watersheds for assessment under this section, the Secretary shall give priority to—(1) the Delaware River basin; (2) the Kentucky River basin; (3) the Potomac River basin; (4) the Susquehanna River basin; (5) the Willamette River basin; (6) Tuscarawas River Basin, Ohio; (7) Sauk River Basin, Snohomish and Skagit Counties, Washington; (8) Niagara River Basin, New York; (9) Genesee River Basin, New York; (10) White River Basin, Arkansas and Missouri; (11) New York-New Jersey Watershed Basin, which encompasses all the watersheds that flow into the New York-New Jersey Harbor and their associated estuaries, including the Hudson, Mohawk, Raritan, Passaic, Hackensack, and Bronx River Watersheds and the Hudson River Estuary; (12) Mississippi River Watershed; (13) Chattahoochee River Basin, Alabama, Florida, and Georgia; (14) the Walla Walla River Basin; (15) the San Francisco Bay Basin; (16) Connecticut River Watershed, Connecticut, Massachusetts, New Hampshire, and Vermont; (17) Lower Rouge River Watershed, Michigan; and (18) Grand River Watershed, Michigan. (e) Acceptance of contributionsIn carrying out an assessment under subsection (a), the Secretary may accept contributions, in cash or in kind, from Federal, tribal, State, interstate, and local governmental entities to the extent that the Secretary determines that the contributions will facilitate completion of the assessment. (f) Cost-sharing requirements(1) Non-Federal shareThe non-Federal share of the costs of an assessment carried out under this section on or after December 11, 2000, shall be 25 percent. (2) Credit(A) In generalSubject to subparagraph (B), the Secretary may credit toward the non-Federal share of an assessment under this section the cost of services, materials, supplies, or other in-kind contributions provided by the non-Federal interests for the assessment. (B) Maximum amount of creditThe credit under subparagraph (A) may not exceed an amount equal to 25 percent of the costs of the assessment. (g) Feasibility report on project specific recommendations from assessments(1) In generalAt the request of a non-Federal interest for an assessment completed under this section, the Secretary is authorized to prepare a feasibility report, in accordance with the requirements of section 2282 of this title, recommending the construction or modification of a water resources development project to address a water resources need of a river basin or watershed of the United States identified in the assessment. (2) Priority watershedsIn carrying out this subsection, the Secretary shall give priority to—(A) the watersheds of the island of Maui, Hawaii, including the Wahikuli, Honoko̅wai, Kahana, Honokahua, and Honolua watersheds, including the coral reef habitat north of Lahaina off the northwestern coast of the island of Maui; and (B) the watersheds of the Northern Mariana Islands, American Samoa, and Guam.

33 U.S.C. § 2267b Post-disaster watershed assessments

(a) Watershed assessments(1) In generalIn an area that the President has declared a major disaster in accordance with section 5170 of title 42, the Secretary may carry out a watershed assessment to identify, to the maximum extent practicable, specific flood risk reduction, hurricane and storm damage reduction, ecosystem restoration, or navigation project recommendations that will help to rehabilitate and improve the resiliency of damaged infrastructure and natural resources to reduce risks to human life and property from future natural disasters. (2) Existing projectsA watershed assessment carried out paragraph 11 So in original. Probably should be preceded by “under”. (1) may identify existing projects being carried out under 1 or more of the authorities referred to in subsection (b)(1). (3) Duplicate watershed assessmentsIn carrying out a watershed assessment under paragraph (1), the Secretary shall use all existing watershed assessments and related information developed by the Secretary or other Federal, State, or local entities. (b) Projects(1) In generalThe Secretary may carry out projects identified under a watershed assessment under subsection (a) in accordance with the criteria for projects carried out under one of the following authorities:(A) Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s). (B) Section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i). (C) Section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330). (D) Section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a). (E) Section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577). (F) Section 3 of the Act of August 13, 1946 (33 U.S.C. 426g). (2) Annual planFor each project that does not meet the criteria under paragraph (1), the Secretary shall include a recommendation relating to the project in the annual report submitted to Congress by the Secretary in accordance with section 2282d of this title. (3) Existing projectsIn carrying out a project under paragraph (1), the Secretary shall—(A) to the maximum extent practicable, use all existing information and studies available for the project; and (B) not require any element of a study completed for the project prior to the disaster to be repeated. (c) RequirementsAll requirements applicable to a project under the Acts described in subsection (b) shall apply to the project. (d) Limitations on assessmentsA watershed assessment under subsection (a) shall be initiated not later than 2 years after the date on which the major disaster declaration is issued. (e) Assessments in territories of the United States(1) In generalFor any major disaster declared in a territory of the United States before October 23, 2018, all activities in the territory carried out or undertaken pursuant to the authorities described in this section shall be conducted at full Federal expense unless the President determines that the territory has the ability to pay the cost share for an assessment under this section without the use of loans. (2) Territory definedIn this subsection, the term “territory of the United States” means an insular area specified in section 2310(a)(1) of this title.

33 U.S.C. § 2268 Marine technology review

(a) Dredging needsThe 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 appropriationsThere 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.

33 U.S.C. § 2269 Tribal partnership program

(a) DefinitionsIn this section:(1) Indian tribeThe terms “Indian tribe” and “Indian Tribe” have the meanings given the terms “Indian tribe” has the meaning given the term 11 So in original. in section 5304 of title 25. (2) Inter-tribal consortiumThe term “inter-tribal consortium” has the meaning given the term in section 3202 of title 25. (3) Tribal organizationThe term “Tribal organization” has the meaning given the term in section 5304 of title 25. (b) Program(1) In generalIn cooperation with Indian tribes, inter-tribal consortiums, Tribal organizations, and the heads of other Federal agencies, the Secretary may carry out water-related planning activities, or activities relating to the study, design, and construction of water resources development projects, that—(A) will substantially benefit Indian tribes, inter-tribal consortiums, or Tribal organizations; and (B) are located primarily within Indian country (as defined in section 1151 of title 18, and including lands that are within the jurisdictional area of an Oklahoma Indian tribe, as determined by the Secretary of the Interior, and are recognized by the Secretary of the Interior as eligible for trust land status under part 151 of title 25, Code of Federal Regulations) or in proximity to Alaska Native villages. (2) Authorized activitiesAn activity conducted under paragraph (1) may address—(A) projects for flood or hurricane and storm damage reduction, including erosion control and stormwater management (including management of stormwater that flows at a rate of less than 800 cubic feet per second for the 10-percent flood), environmental restoration and protection, and preservation of cultural and natural resources; (B) watershed assessments and planning activities; (C) technical assistance to an Indian Tribe, an inter-tribal consortium, or a Tribal organization, including—(i) assistance for planning to ameliorate flood hazards, to avoid repetitive flood impacts, to anticipate, prepare, and adapt to changing hydrological and climatic conditions and extreme weather events, and to withstand, respond to, and recover rapidly from disruption due to flood hazards; and (ii) the provision of, and integration into planning of, hydrologic, economic, and environmental data and analyses; (D) projects that improve emergency response capabilities and provide increased access to infrastructure that may be utilized in the event of a severe weather event or other natural disaster; and (E) such other projects as the Secretary, in cooperation with Indian Tribes, inter-tribal consortiums, Tribal organizations, and the heads of other Federal agencies, determines to be appropriate. (3) Feasibility study and reports(A) In generalOn the request of an Indian tribe, an inter-tribal consortium, or a Tribal organization, the Secretary shall conduct a study on, and provide to the Indian tribe, inter-tribal consortium, or Tribal organization a report describing, the feasibility of a water resources development project described in paragraph (1). (B) RecommendationA report under subparagraph (A) may, but shall not be required to, contain a recommendation on a specific water resources development project. (C) Initial costsThe first $200,000 of the costs of a study under this section shall be at Federal expense. (4) Design and construction(A) In generalThe Secretary may carry out the design and construction of a water resources development project, or separable element of a project, described in paragraph (1) that the Secretary determines is feasible if the Federal share of the cost of the project or separable element is not more than $28,500,000. (B) Specific authorizationIf the Federal share of the cost of the project or separable element described in subparagraph (A) is more than $26,000,000, the Secretary may only carry out the project or separable element if Congress enacts a law authorizing the Secretary to carry out the project or separable element. (5) Project justificationNotwithstanding any requirement for economic justification established under section 1962–2 of title 42, the Secretary may implement a project (other than a project for ecosystem restoration) under this section if the Secretary determines that the project will—(A) significantly reduce potential flood or hurricane and storm damage hazards (which may be limited to hazards that may be addressed by measures for erosion mitigation or bank stabilization); (B) improve the quality of the environment; (C) reduce risks to life safety associated with the hazards described in subparagraph (A); and (D) improve the long-term viability of the community. (c) Consultation and coordination with Secretary of the Interior(1) In generalIn recognition of the unique role of the Secretary of the Interior concerning trust responsibilities with Indian tribes and in recognition of mutual trust responsibilities, the Secretary shall consult with the Secretary of the Interior concerning an activity conducted under subsection (b). (2) Integration of activitiesThe Secretary shall—(A) integrate civil works activities of the Department of the Army with activities of the Department of the Interior to avoid conflicts, duplications of effort, or unanticipated adverse effects on Indian tribes; and (B) consider the authorities and programs of the Department of the Interior and other Federal agencies in any recommendations concerning an activity conducted under subsection (b). (d) Cost sharing(1) Ability to pay(A) In generalAny cost-sharing agreement for an activity conducted under subsection (b) shall be subject to the ability of the non-Federal interest to pay. (B) Use of procedures(i) In generalThe ability of a non-Federal interest to pay shall be determined by the Secretary in accordance with procedures established by the Secretary. (ii) DeterminationNot later than 180 days after June 10, 2014, the Secretary shall issue guidance on the procedures described in clause (i). (2) CreditThe Secretary may credit toward the non-Federal share of the costs of an activity conducted under subsection (b) the cost of services, studies, supplies, or other in-kind contributions provided by the non-Federal interest. (3) Sovereign immunityThe Secretary shall not require an Indian tribe to waive the sovereign immunity of the Indian tribe as a condition to entering into a cost-sharing agreement under this subsection. (4) Water resources development projects(A) In generalThe non-Federal share of costs for the study of a water resources development project described in subsection (b)(1) shall be 50 percent. (B) Other costsThe non-Federal share of costs of design and construction of a project described in subparagraph (A) shall be assigned to the appropriate project purposes described in sections 2211 and 2213 of this title and shared in the same percentages as the purposes to which the costs are assigned. (5) Water-related planning activities(A) In generalThe non-Federal share of costs of a watershed and river basin assessment conducted under subsection (b) shall be 25 percent. (B) Other costsThe Federal share of costs of other water-related planning activities described in subsection (b)(1) shall be 100 percent. (6) Technical assistanceThe Federal share of the cost of activities described in subsection (b)(2)(C) shall be 100 percent. (7) Congressional notification(A) In generalThe Secretary shall annually submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives written notification of determinations made by the Secretary of the ability of non-Federal interests to pay under this subsection. (B) ContentsIn preparing the written notification under subparagraph (A), the Secretary shall include, for each determination made by the Secretary—(i) the name of the non-Federal interest that submitted to the Secretary a request for a determination under paragraph (1)(B); (ii) the name and location of the project; and (iii) the determination made by the Secretary and the reasons for the determination, including the adjusted share of the costs of the project of the non-Federal interest, if applicable. (e) Pilot program(1) In generalThe Secretary shall establish a pilot program to carry out water-related planning activities or activities relating to the study, design, and construction of water resources development projects that otherwise meet the requirements of this section. (2) Project selectionThe Secretary shall carry out not more than 7 activities or projects under the pilot program described in paragraph (1), of which—(A) one is located along the Mid-Columbia River, Washington, Tancum Creek, Washington, or Similk Bay, Washington; (B) one is located at Big Bend, Lake Oahe, Fort Randall, or Gavins Point reservoirs, South Dakota; and (C) notwithstanding the limitations described in subsection (b)(1)(B), 5 are in proximity to a river system or other aquatic habitat within the State of Washington with respect to which an Indian Tribe, an inter-tribal consortium, or a Tribal organization has Tribal treaty rights. (3) Report to CongressNot later than 3 years after January 4, 2025, and annually thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes activities or projects carried out under the pilot program. (4) Savings clauseNothing in this subsection authorizes—(A) a project for the removal of a dam that otherwise is a project described in paragraph (2); (B) the study of the removal of a dam; or (C) the study of any Federal dam, including the study of power, flood control, or navigation replacement, or the implementation of any functional alteration to that dam, that is located along a body of water described in paragraph (2).

33 U.S.C. § 2270 Subsurface drain systems research and development

Subject to the availability of appropriations, the Secretary, acting through the Director of the Engineer Research and Development Center and, where appropriate, in consultation with other Federal agencies, shall carry out research and development activities relating to the use of subsurface drain systems as— (1) a flood risk-reduction measure; or (2) a coastal storm risk-reduction measure.