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33 U.S.C. § 2201 — Prior project authorization
Federal law — U.S. Code and appendices · legal_authorities
In any case in which a project under the jurisdiction of the Secretary is budgeted under a different business line than the business line under which the project was originally authorized, the Secretary shall ensure that the project is carried out in accordance with any requirements that apply to the business line under which the project was originally authorized.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2201
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Stable record: federal_law:legal_authorities:record_usc_736e055ccd89394859ac2238
Source file: Laws/federal/codes/united-states-code/title-33/section-2201-prior-project-authorization--f33773170a.md
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Source location: Title 33, Chapter 36, § 2201; chapter-036-water-resources-development.md
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In any case in which a project under the jurisdiction of the Secretary is budgeted under a different business line than the business line under which the project was originally authorized, the Secretary shall ensure that the project is carried out in accordance with any requirements that apply to the business line under which the project was originally authorized.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** There are in the Army the following officers:
(1) Chief of Engineers.
(2) Surgeon General.
(3) Judge Advocate General.
(4) Chief of Chaplains.
**(b)** Each officer named in subsection (a), except the Judge Advocate General, shall be appointed by the President, by and with the advice and consent of the Senate, from officers above the grade of major who—
(1) have shown by extensive duty in the branch concerned, or by similar duty, that they are qualified for the appointment; and
(2) have been recommended by a board under subsection (e).
The Surgeon General may be appointed from officers in any corps of the Army Medical Department. The Judge Advocate General shall be appointed as prescribed in [section 7037 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section7037&num=0&edition=prelim).
**(c)** An officer appointed under subsection (b) normally holds office for four years. However, the President may terminate or extend the appointment at any time.
**(d)** Each officer named in subsection (a) shall perform duties prescribed by the Secretary of the Army and by law.
**(e)**
(1) Under the supervision of the Secretary, the Chief of Engineers may accept orders to provide services to another department, agency, or instrumentality of the United States or to a State or political subdivision of a State. The Chief of Engineers may provide any part of those services by contract. Services may be provided to a State, or to a political subdivision of a State, only if—
(A) the work to be undertaken on behalf of non-Federal interests involves Federal assistance and the head of the department or agency providing Federal assistance for the work does not object to the provision of services by the Chief of Engineers; and
(B) the se
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 7036
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Acquisition of lands and waters** Nothing in this chapter affects, alters, or modifies the Secretary’s authorities, responsibilities, obligations, or powers to acquire lands or waters or interests therein under any other statute.
**(b) Mitigation** The Federal funds made available under this chapter and [section 669b(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section669b/b&num=0&edition=prelim) may not be used for fish and wildlife mitigation purposes under the Fish and Wildlife Coordination Act ([16 U.S.C. 661](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section661&num=0&edition=prelim) et seq.) or the Water Resources Development Act of 1986, Public Law 99–662 (1986), 100 Stat. 4235.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 4411
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Water rights** Nothing in this chapter—
(1) establishes any express or implied reserved water right in the United States for any purpose;
(2) affects any water right in existence on October 30, 2020;
(3) preempts or affects any State water law or interstate compact governing water; or
(4) affects any Federal or State law in existence on October 30, 2020, regarding water quality or water quantity.
**(b) Authority to acquire water rights or rights to property** Only a State, local government, or other non-Federal entity may acquire, under State law, water rights or rights to property with funds made available through [section 8212 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section8212&num=0&edition=prelim).
**(c) State authority** Nothing in this chapter—
(1) affects the authority, jurisdiction, or responsibility of a State to manage, control, or regulate fish and wildlife under the laws and regulations of the State; or
(2) authorizes the Secretary to control or regulate within a State the fishing or hunting of fish and wildlife.
**(d) Effect on Indian Tribes** Nothing in this chapter abrogates, abridges, affects, modifies, supersedes, or alters any right of an Indian Tribe recognized by treaty or any other means, including—
(1) an agreement between the Indian Tribe and the United States;
(2) Federal law (including regulations);
(3) an Executive order; or
(4) a judicial decree.
**(e) Adjudication of water rights** Nothing in this chapter diminishes or affects the ability of the Secretary to join an adjudication of rights to the use of water pursuant to subsection (a), (b), or (c) of [section 666 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section666&num=0&edition=prelim).
*
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 8210
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Survey**
(1) **In general** — The Administrator, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and the Secretary, shall conduct a comprehensive national survey of data regarding aquatic sediment quality in the United States. The Administrator shall compile all existing information on the quantity, chemical and physical composition, and geographic location of pollutants in aquatic sediment, including the probable source of such pollutants and identification of those sediments which are contaminated pursuant to section 501(b)(4).11 See References in Text note below.
(2) **Report** — Not later than 24 months after October 31, 1992, the Administrator shall report to the Congress the findings, conclusions, and recommendations of such survey, including recommendations for actions necessary to prevent contamination of aquatic sediments and to control sources of contamination.
**(b) Monitoring**
(1) **In general** — The Administrator, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and the Secretary, shall conduct a comprehensive and continuing program to assess aquatic sediment quality. The program conducted pursuant to this subsection shall, at a minimum—
(A) identify the location of pollutants in aquatic sediment;
(B) identify the extent of pollutants in sediment and those sediments which are contaminated pursuant to section 501(b)(4); 1
(C) establish methods and protocols for monitoring the physical, chemical, and biological effects of pollutants in aquatic sediment and of contaminated sediment;
(D) develop a system for the management, storage, and dissemination of data concerning aquatic sediment quality;
(E) provide an assessment of aquatic sediment quali
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1271
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Reports required** Not later than 180 days after December 27, 2020, the Secretary shall submit the following reports:
(1) The report required under section 1214 of the Water Resources Development Act of 2018 (132 Stat. 3809).
(2) The report required under section 1120(a)(3) of the Water Resources Development Act of 2016 (130 Stat. 1643).
**(b) Environmental justice updates**
(1) **In general** — In the formulation of water development resources projects, the Secretary shall comply with any existing Executive order regarding environmental justice in effect as of December 27, 2020, to address any disproportionate and adverse human health or environmental effects on minority communities, low-income communities, and Indian Tribes.
(2) **Update** — Not later than 1 year after December 27, 2020, the Secretary shall review, and shall update, where appropriate, any policies, regulations, and guidance of the Corps of Engineers necessary to implement any Executive order described in paragraph (1) with respect to water resources development projects.
(3) **Requirements** — In updating the policies, regulations, or guidance under paragraph (2), the Secretary shall—
(A) provide notice to interested non-Federal stakeholders, including representatives of minority communities, low-income communities, and Indian Tribes;
(B) provide opportunities for interested stakeholders to comment on potential updates of policies, regulations, or guidance;
(C) consider the recommendations from the reports submitted under subsection (a); and
(D) promote the meaningful involvement of minority communities, low-income communities, and Indian Tribes.
**(c) Community engagement** In carrying out a water resources development project, the Secretary shall, to the extent practicable—
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2202
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Assessment**
(1) **In general** — The Secretary shall, in consultation with applicable non-Federal interests, conduct a national assessment of carrying out managed aquifer recharge projects to address drought, water resiliency, and aquifer depletion at authorized water resources development projects.
(2) **Requirements** — In carrying out paragraph (1), the Secretary shall—
(A) assess and identify opportunities to support non-Federal interests, including Tribal communities, in carrying out managed aquifer recharge projects; and
(B) assess preliminarily local hydrogeologic conditions relevant to carrying out managed aquifer recharge projects.
(3) **Coordination** — In carrying out paragraph (1), the Secretary shall coordinate, as appropriate, with the heads of other Federal agencies, States, regional governmental agencies, units of local government, experts in managed aquifer recharge, and Tribes.
**(b) Feasibility studies**
(1) **Authorization** — The Secretary is authorized to carry out feasibility studies, at the request of a non-Federal interest, of managed aquifer recharge projects in areas that are experiencing, or have recently experienced, prolonged drought conditions, aquifer depletion, or water supply scarcity.
(2) **Limitation** — The Secretary may carry out not more than 10 feasibility studies under this subsection.
(3) **Use of information** — The Secretary shall, to the maximum extent practicable, use information gathered from the assessment conducted under subsection (a) in identifying and selecting feasibility studies to carry out under this subsection.
(4) **Cost share** — The Federal share of the cost of a feasibility study carried out under this subsection shall be 90 percent.
**(c) Working group**
(1) **In general** — Not later t
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2203
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this Act, the term “Secretary” means the Secretary of the Army.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2211
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Issuance** The Secretary shall expeditiously issue guidance to implement each covered provision of law in accordance with this section.
**(b) Public notice**
(1) **In general** — Prior to developing and issuing any new or revised implementation guidance for a covered water resources development law, the Secretary shall issue a public notice that—
(A) informs potentially interested non-Federal stakeholders of the Secretary’s intent to develop and issue such guidance; and
(B) provides an opportunity for interested non-Federal stakeholders to engage with, and provide input and recommendations to, the Secretary on the development and issuance of such guidance.
(2) **Issuance of notice** — The Secretary shall issue the notice under paragraph (1) through a posting on a publicly accessible website dedicated to providing notice on the development and issuance of implementation guidance for a covered water resources development law.
**(c) Stakeholder engagement**
(1) **Input** — The Secretary shall allow a minimum of 60 days after issuance of the public notice under subsection (b) for non-Federal stakeholders to provide input and recommendations to the Secretary, prior to finalizing implementation guidance for a covered water resources development law.
(2) **Outreach** — The Secretary may, as appropriate (as determined by the Secretary), reach out to non-Federal stakeholders and circulate drafts of implementation guidance for a covered water resources development law for informal input and recommendations.
**(d) Submission** 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 copy of all input and recommendations received pursuant to s
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2211a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Review of contractual agreements**
(1) **In general** — Not later than 180 days after December 27, 2020, the Secretary shall complete a review of the policies, guidelines, and regulations of the Corps of Engineers for the development of contractual agreements between the Secretary and non-Federal interests and utilities associated with the construction of water resources development projects.
(2) **Report** — Not later than 90 days after completing the review under subsection (a)(1), 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, and make publicly available, a report that includes—
(A) a summary of the results of the review; and
(B) public guidance on best practices for a non-Federal interest to use when writing or developing contractual agreements with the Secretary and utilities.
(3) **Provision of guidance** — The Secretary shall provide the best practices guidance included under paragraph (2)(A) to non-Federal interests prior to the development of contractual agreements with such non-Federal interests.
**(b) Sense of Congress** It is the sense of Congress that the Secretary should maximize use of nonprice tradeoff procedures in competitive acquisitions for carrying out emergency work in an area with respect to which the President has declared a major disaster under [section 5170 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5170&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2212
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Federal law — U.S. Code and appendices · legal_authorities
**(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 June 10, 2014, 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 55 feet; plus
(C) 50 percent of the cost of construction of the portion of the project which has a depth in excess of 55 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2216&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2283/c&num=0&edition=prelim), the non-Federal interests for a project to which paragraph (1) applies shall provide the lands, easements, rights-of-wa
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2213
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