USC Subchapter IV

USC Subchapter IV
in effect

33 U.S.C. § 601 Mississippi River; regulation of reservoirs at headwaters

It shall be the duty of the Secretary of the Army to prescribe such rules and regulations in respect to the use and administration of the reservoirs at the headwaters of the Mississippi River as in his judgment the public interest and necessity may require; which rules and regulations shall be posted in some conspicuous place or places for the information of the public. And any person knowingly and willfully violating such rules and regulations shall be liable to a fine not exceeding $500, or imprisonment, not exceeding six months, the same to be enforced by prosecution in any district court of the United States within whose territorial jurisdiction such offense may have been committed. And the Secretary of the Army shall cause such gaugings to be made at or near Saint Paul during the annual operation of said reservoirs as shall determine accurately the discharge at that point, the cost of same to be paid out of the annual appropriation for gauging the waters of the Mississippi River and its tributaries.

33 U.S.C. § 602 Maintenance of channel of South Pass of Mississippi River

Upon the termination of the contract entered into with the late James B. Eads for the maintenance of the channel through the South Pass of the Mississippi River, the Secretary of the Army is directed to take charge of said channel, including the jetties, and all auxiliary works connected therewith, and thereafter to maintain with the utmost efficiency said South Pass Channel; and for that purpose he is authorized to draw his warrants from time to time on the Treasurer of the United States, until otherwise provided for by law, for such sums of money as may be necessary, not to exceed in the aggregate for any one year $100,000. For that purpose any available Government dredge may be used. For the purpose of securing the uninterrupted examinations and surveys of the South Pass of the Mississippi River, the Secretary of the Army, upon the application of the Chief of Engineers, is authorized to draw his warrant or requisition from time to time upon the Secretary of the Treasury for such sums as may be necessary to do such work, not to exceed in the aggregate for each year the sum of $10,000.

33 U.S.C. § 603a Removal of snags and debris, and straightening, clearing, and protecting channels in navigable waters

The Secretary of the Army is authorized to allot not to exceed $5,000,000 from any appropriations made prior to or after March 2, 1945, for any one fiscal year for improvement of rivers and harbors, for removing accumulated snags, obstructions, and other debris located in or adjacent to a Federal channel, and for protecting, clearing, and straightening channels in navigable harbors and navigable streams and tributaries thereof, when in the opinion of the Chief of Engineers such work is advisable in the interest of navigation, flood control, ecosystem restoration, or recreation.

33 U.S.C. § 604 Removal of snags, etc., from Mississippi River

For the purpose of removing snags, wrecks, and other obstructions in the Mississippi River, the Atchafalaya and Old Rivers from the junction with the Mississippi and Red Rivers down the Atchafalaya River as far down as Melville, Louisiana, the Secretary of the Army, upon the application of the Chief of Engineers, is authorized to draw his warrant or requisition from time to time upon the Secretary of the Treasury for such sums as may be necessary to do such work, not to exceed in the aggregate for each year the sum of $100,000.

33 U.S.C. § 605 Operation of snag boats on Upper Mississippi River

For the purpose of securing the uninterrupted work of operating snag boats on the Upper Mississippi River, the Illinois River, from its mouth to Copperas Creek, and the Minnesota River and other tributaries of the Upper Mississippi River improved by the United States, the Secretary of the Army, upon the application of the Chief of Engineers, is authorized to draw his warrant or requisition from time to time upon the Secretary of the Treasury for such sums as may be necessary to do such work, not to exceed in the aggregate for each year the sum of $25,000.

33 U.S.C. § 605a Mississippi River forecasting improvements

(1) In generalThe Secretary, in consultation with the Secretary of the department in which the Coast Guard is operating, the Director of the United States Geological Survey, the Administrator of the National Oceanic and Atmospheric Administration, and the Director of the National Weather Service, as applicable, shall improve forecasting on the Mississippi River by—(A) updating forecasting technology deployed on the Mississippi River and its tributaries through—(i) the construction of additional automated river gages; (ii) the rehabilitation of existing automated and manual river gages; and (iii) the replacement of manual river gages with automated gages, as the Secretary determines to be necessary; (B) constructing additional sedimentation ranges on the Mississippi River and its tributaries; and (C) deploying additional automatic identification system base stations at river gage sites. (2) PrioritizationIn carrying out this section, the Secretary shall prioritize the sections of the Mississippi River on which additional and more reliable information would have the greatest impact on maintaining navigation on the Mississippi River. (3) ReportNot later than 1 year after June 10, 2014, the Secretary shall submit to Congress and make publicly available a report on the activities carried out by the Secretary under this section.

33 U.S.C. § 606 Removal of snags, and so forth, from Ohio River

For the purpose of securing the uninterrupted work of operating snag boats on the Ohio River and removing snags, wrecks, and other obstructions in said river, the Secretary of the Army, upon the application of the Chief of Engineers, is authorized to draw his warrant or requisition from time to time upon the Secretary of the Treasury for such sums as may be necessary to do such work, not to exceed in the aggregate for each year the sum of $50,000.

33 U.S.C. § 607 Removal of drift from New York Harbor

So much as may be necessary of any appropriations made for specific portions of New York Harbor and its immediate tributaries may be allotted by the Secretary of the Army for the maintenance of these waterways by the collection and removal of drift.

33 U.S.C. § 607a Appropriations; separate project

On and after July 3, 1930, direct allotments from appropriations for maintenance and improvement of existing river and harbor works or other available appropriation may be made by the Secretary of the Army for the collection and removal of drift in New York Harbor and its tributary waters, and this work on and after July 3, 1930, shall be carried as a separate and distinct project.

33 U.S.C. § 608 Construction of fishways

Whenever river and harbor improvements shall be found to operate (whether by lock and dam or otherwise), as obstructions to the passage of fish, the Secretary of the Army may, in his discretion, direct and cause to be constructed practical and sufficient fishways, to be paid for out of the general appropriations for the streams on which such fishways may be constructed.

33 U.S.C. § 609 Sluices and other work in dams for development of water power

In order to make possible the economical future development of water power, the Secretary of the Army, upon recommendation of the Chief of Engineers, is authorized, in his discretion, to provide in the permanent parts of any dam authorized at any time by Congress for the improvement of navigation such foundations, sluices, and other works, as may be considered desirable for the future development of its water power.

33 U.S.C. § 610 Control of aquatic plant growths and invasive species

(a) In general(1) In generalThere is hereby authorized a comprehensive program to provide for prevention, control, and progressive eradication of noxious aquatic plant growths and aquatic invasive species from the navigable waters, tributary streams, connecting channels, and other allied waters of the United States, in the combined interest of navigation, flood control, drainage, agriculture, fish and wildlife conservation, public health, and related purposes, including continued research for development of the most effective and economic control measures, to be administered by the Chief of Engineers, under the direction of the Secretary of the Army, in cooperation with other Federal and State agencies. (2) Local interestsLocal interests shall agree to hold and save the United States free from claims that may occur from control operations and to participate to the extent of 30 per centum of the cost of such operations. (3) Federal costsCosts for research and planning undertaken pursuant to the authorities of this section shall be borne fully by the Federal Government. (b) Authorization of appropriations(1) In generalThere is authorized to be appropriated to carry out this section (except for subsections (f) and (g)) $130,000,000 for each fiscal year, of which—(A) $30,000,000 shall be made available to carry out subsection (d)(1)(A)(i); (B) $30,000,000 shall be made available to carry out subsection (d)(1)(A)(ii); (C) $30,000,000 shall be made available to carry out subsection (d)(1)(A)(iii); (D) $30,000,000 shall be made available to carry out subsection (d)(1)(A)(iv); and (E) $10,000,000 shall be made available to carry out subsection (d)(1)(A)(v). (2) Other programs(A) In generalThere are authorized to be appropriated—(i) $10,000,000 for each of fiscal years 2025 through 2029 to carry out subsection (f); and (ii) $75,000,000 for each of fiscal years 2021 through 2029 to carry out subsection (g)(2). (B) Invasive plant species pilot programThere is authorized to be appropriated to the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, $10,000,000 to carry out subsection (g)(3). (3) Control operationsAny funds made available under paragraph (1) or (2)(A) to be used for control operations shall be allocated by the Chief of Engineers on a priority basis, based on the urgency and need of each area and the availability of local funds. (c) SupportIn carrying out the program under this section, the Secretary is encouraged to use contracts, cooperative agreements, and grants with colleges and universities and other non-Federal entities. (d) Watercraft inspection and Decontamination stations(1) In general(A) Watercraft inspection and decontamination stationsIn carrying out this section, the Secretary shall establish (as applicable), operate, and maintain new or existing watercraft inspection and decontamination stations—(i) to protect the Columbia River Basin; (ii) to protect the Upper Missouri River Basin; (iii) to protect the Upper Colorado River Basin and the South Platte and Arkansas River Basins; (iv) to protect the Russian River Basin, California; and (v) to protect basins and watersheds that adjoin an international border between the United States and Canada. (B) LocationsThe Secretary shall place watercraft inspection and decontamination stations under subparagraph (A) at locations with the highest likelihood of preventing the spread of aquatic invasive species into and out of waters of the United States, as determined by the Secretary in consultation with the Governors and entities described in paragraph (3). (C) Rapid responseThe Secretary shall assist States within the areas described in subparagraph (A) with rapid response to any aquatic invasive species, including quagga or zebra mussel, infestation. (2) Cost shareThe non-Federal share of the cost of constructing, operating, and maintaining watercraft inspection and decontamination stations described in paragraph (1) (including personnel costs) shall be—(A) 35 percent; and (B) provided by the State or local governmental entity in which such inspection station is located. (3) CoordinationIn carrying out this subsection, the Secretary shall consult and coordinate with—(A) the Governors of the States within the areas described in each of clauses (i) through (v) of paragraph (1)(A), as applicable; (B) Indian tribes; and (C) other Federal agencies, including—(i) the Department of Agriculture; (ii) the Department of Energy; (iii) the Department of Homeland Security; (iv) the Department of Commerce; and (v) the Department of the Interior. (e) Monitoring and contingency planningIn carrying out this section, the Secretary may—(1) carry out risk assessments of water resources facilities; (2) monitor for aquatic invasive species; (3) assist States in early detection of, and monitoring and contingency planning for, aquatic invasive species, including quagga and zebra mussels; and (4) monitor water quality, including sediment cores and fish tissue samples. (f) Invasive species management pilot program(1) Definition of invasive speciesIn this subsection, the term “invasive species” has the meaning given the term in section 1 of Executive Order 13112 (64 Fed. Reg. 6183; relating to invasive species (February 3, 1999)) (as amended by section 2 of Executive Order 13751 (81 Fed. Reg. 88609; relating to safeguarding the Nation from the impacts of invasive species (December 5, 2016))). (2) Development of plansThe Secretary, in coordination with the Aquatic Nuisance Species Task Force, shall carry out a pilot program under which the Secretary shall collaborate with States in the Upper Missouri River Basin in developing voluntary aquatic invasive species management plans to mitigate the effects of invasive species on public infrastructure facilities located on reservoirs of the Corps of Engineers in those States. (3) Management plan(A) In generalThe Secretary, in consultation with the Governor of each State in the Upper Missouri River Basin that elects to participate in the pilot program, shall prepare a management plan, or update or expand an existing plan, for each participating State that identifies public infrastructure facilities located on reservoirs of the Corps of Engineers in those States that—(i) are affected by aquatic invasive species; and (ii) need financial and technical assistance in order to maintain operations. (B) Use of existing plansIn developing a management plan under subparagraph (A), the Secretary shall consider a management plan submitted by a participating State under section 4724(a) of title 16. (4) Termination of authorityThe authority provided under this subsection shall terminate on September 30, 2028. (g) Invasive species prevention, control, and eradication(1) Definition of invasive speciesIn this subsection, the term “invasive species” has the meaning given the term in section 1 of Executive Order 13112 (64 Fed. Reg. 6183; relating to invasive species (February 3, 1999)) (as amended by section 2 of Executive Order 13751 (81 Fed. Reg. 88609; relating to safeguarding the Nation from the impacts of invasive species (December 5, 2016))). (2) Invasive species partnerships(A) In generalThe Secretary may enter into partnerships with applicable States and other Federal agencies to carry out actions to prevent the introduction of, control, or eradicate, to the maximum extent practicable, invasive species that adversely impact water quantity, water quality, or ecosystems in the Platte River Basin, the Upper Colorado River Basin, the Upper Snake River Basin, the Lake Erie Basin, the Ohio River Basin, the Connecticut River Basin, and the Upper Missouri River Basin. (B) PrioritizationIn selecting actions to carry out under a partnership under subparagraph (A), the Secretary shall give priority to projects that are intended to control or eradicate the Russian olive (Elaeagnus angustifolia), hydrilla (Hydrilla verticillata), or saltcedar (of the genus Tamarix). (3) Invasive plant species pilot program(A) DefinitionsIn this paragraph:(i) Eligible entityThe term “eligible entity” means a partnership between or among 2 or more entities that—(I) includes—(aa) at least 1 flood control district; and (bb) at least 1 city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State or Indian Tribe (as defined in section 5304 of title 25); and (II) may include any other entity (such as a nonprofit organization or institution of higher education), as determined by the Secretary. (ii) Invasive plant speciesThe term “invasive plant species” means a plant that is nonnative to the ecosystem under consideration, the introduction of which causes or is likely to cause economic harm or harm to human health. (B) Pilot programThe Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall establish a pilot program under which such Secretary shall work with eligible entities to carry out activities—(i) to remove invasive plant species in riparian areas that contribute to drought conditions in—(I) the Lower Colorado River Basin; (II) the Rio Grande River Basin; (III) the Texas Gulf Coast Basin; and (IV) the Arkansas-White-Red Basin; (ii) where appropriate, to replace the invasive plant species described in clause (i) with ecologically suitable native species; and (iii) to maintain and monitor riparian areas in which activities are carried out under clauses (i) and (ii). (C) Report to CongressNot later than 18 months after December 27, 2020, the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the implementation of the pilot program. (D) Termination of authorityThe authority provided under this paragraph shall terminate on September 30, 2028. (4) Cost shareThe Federal share of an action carried out under a partnership under paragraph (2) or an activity carried out under the pilot program under paragraph (3) shall not exceed 80 percent of the total cost of the action or activity.

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