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33 U.S.C. § 549a — Review of navigation, flood control, and water supply projects
Federal law — U.S. Code and appendices · legal_authorities
The Secretary of the Army, acting through the Chief of Engineers, is authorized to review the operation of projects the construction of which has been completed and which were constructed by the Corps of Engineers in the interest of navigation, flood control, water supply, and related purposes, when found advisable due 11 So in original. Probably should be “due to”. the significantly changed physical or economic conditions, and to report thereon to Congress with recommendations on the advisability of modifying the structures or their operation, and for improving the quality of the environment in the overall public interest.
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Stable record: federal_law:legal_authorities:record_usc_96da773bc6015a4d7b29cffb
Source file: Laws/federal/codes/united-states-code/title-33/section-549a-review-of-navigation-flood-control-and-water-supply-projects--0b7ceff3e4.md
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Source location: Title 33, Chapter 12, § 549a; chapter-012-river-and-harbor-improvements-generally.md
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The Secretary of the Army, acting through the Chief of Engineers, is authorized to review the operation of projects the construction of which has been completed and which were constructed by the Corps of Engineers in the interest of navigation, flood control, water supply, and related purposes, when found advisable due 11 So in original. Probably should be “due to”. the significantly changed physical or economic conditions, and to report thereon to Congress with recommendations on the advisability of modifying the structures or their operation, and for improving the quality of the environment in the overall public interest.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary shall periodically conduct assessments of federally authorized levees under the jurisdiction of the Corps of Engineers, to evaluate the potential Federal interest in the modification (including realignment or incorporation of natural features and nature-based features, as such terms are defined in [section 2289a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2289a/a&num=0&edition=prelim)) of levee systems to meet one or more of the following objectives:
(1) Increasing the flood risk reduction benefits of such systems.
(2) Achieving greater flood resiliency.
(3) Restoring hydrological and ecological connections with adjacent floodplains that achieve greater environmental benefits without undermining flood risk reduction or flood resiliency for levee-protected communities.
**(b) Levees operated by non-Federal interests** The Secretary shall carry out an assessment under subsection (a) for a federally authorized levee system operated by a non-Federal interest only if the non-Federal interest—
(1) requests the assessment; and
(2) agrees to provide 50 percent of the cost of the assessment.
**(c) Assessments**
(1) **Considerations** — In conducting an assessment under subsection (a), the Secretary shall consider and identify, with respect to each levee system—
(A) an estimate of the number of structures and population at risk and protected by the levee system that would be adversely impacted if the levee system fails or water levels exceed the height of any levee segment within the levee system (which may be the applicable estimate included in the levee database established under [section 3303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section330
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 3307
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary shall, to the maximum extent practicable, include in the future workplan of the Corps any authorized project or facility of the Corps of Engineers—
(1) that the Secretary has studied for disposition under an existing authority, including by carrying out a disposition study under [section 549a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section549a&num=0&edition=prelim); and
(2) for which a final report by the Director of Civil Works has been completed.
**(b) Notification to committees** Upon completion of a final report referred to in subsection (a), the Secretary shall transmit a copy of the report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 549b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** In carrying out a disposition study for a project of the Corps of Engineers, including a disposition study under [section 549a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section549a&num=0&edition=prelim) or an assessment under section 6002 of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1349), the Secretary shall consider the extent to which the property concerned has economic, cultural, historic, or recreational significance or impacts at the national, State, or local level.
**(b) Completion of assessment and inventory** Not later than 1 year after December 16, 2016, the Secretary shall complete the assessment and inventory required under section 6002(a) of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1349).
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 578a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** In carrying out a disposition study for a project of the Corps of Engineers, or a separable element of such a project, including a disposition study under [section 549a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section549a&num=0&edition=prelim), the Secretary shall consider modifications that would improve the overall quality of the environment in the public interest, including removal of the project or separable element of a project.
**(b) Disposition study transparency** The Secretary shall carry out disposition studies described in subsection (a) in a transparent manner, including by—
(1) providing opportunities for public input; and
(2) publishing the final disposition studies.
**(c) Removal of infrastructure** For disposition studies described in subsection (a) in which the Secretary determines that a Federal interest no longer exists, and makes a recommendation of removal of the project or separable element of a project, the Secretary is authorized, using existing authorities, to pursue removal of the project or separable element of a project in partnership with other Federal agencies and non-Federal entities with appropriate capabilities to undertake infrastructure removal.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 578b
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Purposes** The purposes of this section are—
(1) to identify water resources development projects, and separable elements of projects, authorized by Congress that are no longer viable for construction due to—
(A) a lack of local support;
(B) a lack of available Federal or non-Federal resources; or
(C) an authorizing purpose that is no longer relevant or feasible;
(2) to create an expedited and definitive process for Congress to deauthorize water resources development projects and separable elements that are no longer viable for construction; and
(3) to allow the continued authorization of water resources development projects and separable elements that are viable for construction.
**(b) Proposed deauthorization list**
(1) **Preliminary list of projects**
(A) *In general* — The Secretary shall develop a preliminary list of each water resources development project, or separable element of a project, authorized for construction before June 10, 2014, for which—
(i) planning, design, or construction was not initiated before January 4, 2025; or
(ii) planning, design, or construction was initiated before January 4, 2025, but for which no funds, Federal or non-Federal, were obligated for planning, design, or construction of the project or separable element of the project during the current fiscal year or any of the 10 preceding fiscal years.
(B) *Use of comprehensive construction backlog and operation and maintenance report* — The Secretary may develop the preliminary list from the comprehensive construction backlog and operation and maintenance reports developed pursuant to [section 579a(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section579a/b/2&num=0&edition=prelim).
(2) **Preparation of propo
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 579d–2
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Emergency fund**
(1) There is authorized an emergency fund to be expended in preparation for emergency response to any natural disaster, in flood fighting and rescue operations, or in the repair or restoration of any flood control work threatened or destroyed by flood, including the strengthening, raising, extending, realigning, or other modification thereof as may be necessary in the discretion of the Chief of Engineers for the adequate functioning of the work for flood control and subject to the condition that the Chief of Engineers may include modifications to the structure or project, or in implementation of nonstructural alternatives to the repair or restoration of such flood control work if requested by the non-Federal sponsor; in the emergency protection of federally authorized hurricane or shore protection being threatened when in the discretion of the Chief of Engineers such protection is warranted to protect against imminent and substantial loss to life and property; in the repair and restoration of any federally authorized hurricane or shore protective structure or project damaged or destroyed by wind, wave, or water action of other than an ordinary nature to the pre-storm level of protection, to the design level of protection, or, notwithstanding the authorized dimensions of the structure or project, to a level sufficient to meet the authorized purpose of such structure or project, whichever provides greater protection, when, in the discretion of the Chief of Engineers, such repair and restoration is warranted for the adequate functioning of the structure or project for hurricane or shore protection, including to ensure the structure or project is functioning adequately to protect against projected changes in wave action or height or storm surge (incl
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 701n
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** At the request of a non-Federal interest, the Secretary may review proposals to increase the quantity of available supplies of water at a Federal water resources development project through—
(1) modification of the project;
(2) modification of how the project is managed; or
(3) accessing water released from the project.
**(b) Proposals included** A proposal under subsection (a) may include—
(1) increasing the storage capacity of the project;
(2) diversion of water released or withdrawn from the project—
(A) to recharge groundwater;
(B) to aquifer storage and recovery; or
(C) to any other storage facility;
(3) construction of facilities for delivery of water from pumping stations constructed by the Secretary;
(4) construction of facilities to access water; and
(5) a combination of the activities described in paragraphs (1) through (4).
**(c) Exclusions** This section shall not apply to a proposal that—
(1) reallocates existing water supply or hydropower storage; or
(2) reduces water available for any authorized project purpose.
**(d) Other Federal projects** In any case in which a proposal relates to a Federal project that is not operated by the Secretary, this section shall apply only to activities under the authority of the Secretary.
**(e) Review process**
(1) **Notice** — On receipt of a proposal submitted under subsection (a), the Secretary shall provide a copy of the proposal to each entity described in paragraph (2) and, if applicable, the Federal agency that operates the project, in the case of a project operated by an agency other than the Department of the Army.
(2) **Public participation** — In reviewing proposals submitted under subsection (a), and prior to making any decisions regarding a proposal, the Secretary sh
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 390b–2
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Federal law — U.S. Code and appendices · legal_authorities
Page 124
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 546a
1 So in original. Probably should be ‘‘due to’’.
to secure conformity with rational plans for the
improvement of the streams for navigation.
(June 25, 1910, ch. 382, § 3, 36 Stat. 669.)
Editorial Notes
CODIFICATION
Section is from section 3 of act June 25, 1910, popu-
larly known as the ‘‘Rivers and Harbors Appropriation
Act of 1910’’. Other provisions of such section were
omitted, as superseded by section 545 of this title.
PRIOR PROVISIONS
General provisions regulating the construction of
dams were made by the Dam Act of June 21, 1906, ch.
3508, 34 Stat. 386, as amended by act June 23, 1910, ch.
360, 36 Stat. 593, apparently omitted from the Code as
superseded.
§ 546a. Information as to configuration of shore
line
Every report submitted to Congress in pursu-
ance of any provision of law for preliminary ex-
amination and survey looking to the improve-
ment of the entrance at the mouth of any river
or at any inlet, in addition to other information
which the Congress has directed shall be given,
shall contain information concerning the con-
figuration of the shore line and the probable ef-
fect thereon that may be expected to result from
the improvement having particular reference to
erosion and/or accretion for a distance of not
less than ten miles on either side of the said en-
trance.
(Aug. 30, 1935, ch. 831, § 5, 49 Stat. 1048.)
§ 547. Reports as to local benefits of improvement
and recommendations as to local cooperation
Every report submitted to Congress in pursu-
ance of any provision of law for a survey, in ad-
dition to other information which the Congress
has directed shall be given, shall contain a
statement of special or local benefit which will
accrue to localities affecte
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 549a
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.