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33 U.S.C. § 577 — Small river and harbor improvement projects

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 577 — Small river and harbor improvement projects

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Stable record: federal_law:legal_authorities:record_usc_a579c33179be3f8e9d77b63a
Source file: Laws/federal/codes/united-states-code/title-33/section-577-small-river-and-harbor-improvement-projects--2632b7085a.md
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Source location: Title 33, Chapter 12, § 577; chapter-012-river-and-harbor-improvements-generally.md

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**(a) Allotment from appropriations for construction** The Secretary of the Army is authorized to allot from any appropriations hereafter made for rivers and harbors not to exceed $62,500,000 for any one fiscal year for the construction of small river and harbor improvement projects not specifically authorized by Congress which will result in substantial benefits to navigation and which can be operated consistently with appropriate and economic use of the waters of the Nation for other purposes, when in the opinion of the Chief of Engineers such work is advisable, if benefits are in excess of the cost. **(b) Limitation on allotment** Not more than $15,000,000 shall be allotted for the construction of a project under this section at any single locality and the amount allotted shall be sufficient to complete the Federal participation in the project under this section. **(c) Lands, easements, and rights-of-way; indemnification; assurances of local cooperation** Local interests shall provide without cost to the United States all necessary lands, easements and rights-of-way for all projects to be constructed under the authority of this section. In addition, local interests may be required to hold and save the United States free from damages that may result from the construction and maintenance of the project and may be required to provide such additional local cooperation as the Chief of Engineers deems appropriate. A State, county, municipality or other responsible local entity shall give assurance satisfactory to the Chief of Engineers that such conditions of cooperation as are required will be accomplished. **(d) Sharing of costs by non-Federal interests** Non-Federal interests may be required to share in the cost of the project to the extent that the Chief of Engineers deems that such cost should not be borne by the Federal Government in view of the recreational or otherwise special or local nature of the project benefits. **(e) Completeness of project** Each project for which money is allotted under this section shall be complete in itself and not commit the United States to any additional improvement to insure its successful operation, other than routine maintenance, and except as may result from the normal procedure applying to projects authorized after submission of survey reports, and projects constructed under the authority of this section shall be considered as authorized projects. **(f) Low water access navigation channels from existing channel of Mississippi River** This section shall apply to, but not be limited to, the provision of low water access navigation channels from the existing channel of the Mississippi River to harbor areas heretofore or now established and located along the Mississippi River.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 426g — Storm and hurricane restoration and impact minimization program

**(a) Construction of small shore and beach restoration and protection projects** (1) **In general** — The Secretary may carry out a program for the construction of small shore and beach restoration and protection projects not specifically authorized by Congress that otherwise comply with [section 426e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section426e&num=0&edition=prelim) if the Secretary determines that such construction is advisable. (2) **Local cooperation** — The local cooperation requirement of [section 426e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section426e&num=0&edition=prelim) shall apply to a project under this section. (3) **Completeness** — A project under this subsection— (A) shall be complete; and (B) shall not commit the United States to any additional improvement to ensure the successful operation of the project; except for participation in periodic beach nourishment in accordance with— (i) [section 426e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section426e&num=0&edition=prelim); and (ii) the procedure for projects authorized after submission of a survey report. **(b) National shoreline erosion control development and demonstration program** (1) **In general** — The Secretary shall conduct under the program authorized by subsection (a) a national shoreline erosion control development and demonstration program (referred to in this section as the “demonstration program”). (2) **Requirements** (A) *In general* — The demonstration program shall include provisions for— (i) projects consisting of planning, design, construction, and monitoring of prototype engineered and native and naturalized vegetat

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 426g

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 701s — Small flood control projects; appropriations; amount limitation for single locality; conditions

The Secretary of the Army is authorized to allot from any appropriations heretofore or hereafter made for flood control, not to exceed $90,000,000 for any one fiscal year, for the implementation of small structural and nonstructural projects, and projects that use natural features or nature-based features (as those 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)), for flood control and related purposes not specifically authorized by Congress, which come within the provisions of [section 701a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701a&num=0&edition=prelim), when in the opinion of the Chief of Engineers such work is advisable. The amount allotted for a project shall be sufficient to complete Federal participation in the project. Not more than $15,000,000 shall be allotted under this section for a project at any single locality. The provisions of local cooperation specified in [section 701c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701c&num=0&edition=prelim) shall apply. The work shall be complete in itself and not commit the United States to any additional improvement to insure its successful operation, except as may result from the normal procedure applying to projects authorized after submission of preliminary examination and survey reports.

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 701s

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 141 — Private activity bond; qualified bond

**(a) Private activity bond** For purposes of this title, the term “private activity bond” means any bond issued as part of an issue— (1) which meets— (A) the private business use test of paragraph (1) of subsection (b), and (B) the private security or payment test of paragraph (2) of subsection (b), or (2) which meets the private loan financing test of subsection (c). **(b) Private business tests** (1) **Private business use test** — Except as otherwise provided in this subsection, an issue meets the test of this paragraph if more than 10 percent of the proceeds of the issue are to be used for any private business use. (2) **Private security or payment test** — Except as otherwise provided in this subsection, an issue meets the test of this paragraph if the payment of the principal of, or the interest on, more than 10 percent of the proceeds of such issue is (under the terms of such issue or any underlying arrangement) directly or indirectly— (A) secured by any interest in— (i) property used or to be used for a private business use, or (ii) payments in respect of such property, or (B) to be derived from payments (whether or not to the issuer) in respect of property, or borrowed money, used or to be used for a private business use. (3) **5 percent test for private business use not related or disproportionate to government use financed by the issue** (A) *In general* — An issue shall be treated as meeting the tests of paragraphs (1) and (2) if such tests would be met if such paragraphs were applied— (i) by substituting “5 percent” for “10 percent” each place it appears, and (ii) by taking into account only— (I) the proceeds of the issue which are to be used for any private business use which is not related to any government

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 141

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2235 — Construction of water resources development projects by non-Federal interests

**(a) Water resources development project defined** In this section, the term “water resources development project” means a project recommendation that results from— (1) a feasibility report, as such term is defined in section 2282d(f) 11 See References in Text note below. of this title; (2) a completed feasibility study developed under [section 2231 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2231&num=0&edition=prelim); or (3) a final feasibility study for water resources development and conservation and other purposes that is specifically authorized by Congress to be carried out by the Secretary. **(b) Authority** (1) **In general** — A non-Federal interest may carry out a federally authorized water resources development project, or separable element thereof— (A) in accordance with a plan approved by the Secretary for the project or separable element; and (B) subject to any conditions that the Secretary may require, including any conditions specified under [section 2231(c)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2231/c/3&num=0&edition=prelim). (2) **Conditions** — Before carrying out a water resources development project, or separable element thereof, under this section, a non-Federal interest shall— (A) obtain any permit or approval required in connection with the project or separable element under Federal or State law, except as provided in paragraph (3); and (B) ensure that a final environmental impact statement or environmental assessment, as appropriate, for the project or separable element has been filed. (3) **Permit exception** (A) *In general* — For a project described in subsection (a)(1) or subsection (a)(3), or a separable element ther

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2235

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2252 — Remote and subsistence harbors

**(a) In general** In conducting a study of harbor and navigation improvements, the Secretary may recommend a project without the need to demonstrate that the project is justified solely by national economic development benefits if the Secretary determines that— (1) the project would be located in the State of Hawaii or Alaska, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, or American Samoa; and (2) (A) over 80 percent of the goods transported through the harbor would be consumed within the United States, as determined by the Secretary, including consideration of information provided by the non-Federal interest; or (B) the long-term viability of the community in which the project is located, or the long-term viability of a community that is located in the region that is served by the project and that will rely on the project, would be threatened without the harbor and navigation improvement. **(b) Justification** In considering whether to recommend a project under subsection (a), the Secretary shall consider the benefits of the project to any of— (1) public health and safety of the local community and communities that are located in the region to be served by the project and that will rely on the project, including access to facilities designed to protect public health and safety; (2) access to natural resources for subsistence purposes; (3) local and regional economic opportunities; (4) welfare of the regional population to be served by the project; or (5) social and cultural value to the local community and communities that are located in the region to be served by the project and that will rely on the project. **(c) Prioritization** Projects recommended by the Secretary under

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2252

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2270 — Post-disaster watershed assessments

**(a) Watershed assessments** (1) **In general** — In an area that the President has declared a major disaster in accordance with [section 5170 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5170&num=0&edition=prelim), 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 projects** — A 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 assessments** — In 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 general** — The 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701s&num=0&edition=prelim)). (B) Section 111 of the River and Harbor Act of 1968 ([33 U.S.C. 426i](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section426i&num=0&edition=prelim)). (C) Section 206 of the Wat

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2270

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2282c — Feasibility reports

**(a) Preparation of reports** (1) **In general** — In the case of any water resources project-related study authorized to be undertaken by the Secretary that results in recommendations concerning a project or the operation of a project and that requires specific authorization by Congress in law or otherwise, the Secretary shall prepare a feasibility report, subject to [section 2215 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2215&num=0&edition=prelim). (2) **Contents of feasibility reports** — A 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. A 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. A feasibility report shall include a preliminary analysis of the Federal interest and the costs, benefits, and environmental impacts of the project. (3) **Applicability** — This subsection shall not apply to— (A) any study with respect to which a report has been submitted to Congress before November 17, 1986; (B) any study for a project, which project is authorized for construc

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2282c

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2282f — Annual report to Congress

**(a) In general** Not later than February 1 of each year, the Secretary shall develop and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an annual report, to be entitled “Report to Congress on Future Water Resources Development”, that identifies the following: (1) **Feasibility reports** — Each feasibility report that meets the criteria established in subsection (c)(1)(A). (2) **Proposed feasibility studies** — Any proposed feasibility study submitted to the Secretary by a non-Federal interest pursuant to subsection (b) that meets the criteria established in subsection (c)(1)(A). (3) **Proposed modifications** — Any proposed modification to an authorized water resources development project or feasibility study that meets the criteria established in subsection (c)(1)(A) that— (A) is submitted to the Secretary by a non-Federal interest pursuant to subsection (b); or (B) is identified by the Secretary for authorization. (4) **Programmatic modifications** — Any programmatic modification for an environmental infrastructure assistance program. **(b) Requests for proposals** (1) **Publication** — Not later than May 1 of each year, the Secretary shall publish in the Federal Register a notice requesting proposals from non-Federal interests for proposed feasibility studies, proposed modifications to authorized water resources development projects and feasibility studies, and proposed modifications for an environmental infrastructure program to be included in the annual report. (2) **Deadline for requests** — The Secretary shall include in each notice required by this subsection a requirement that non-Federal interests submit to the Secretary any proposals de

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2282f

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2292a — Flood control in Trust Territory of the Pacific Islands

The Secretary is authorized to use the authority contained in section 205 of the Flood Control Act of 1948 ([33 U.S.C. 701s](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701s&num=0&edition=prelim)), section 2 of the Flood Control Act of August 28, 1937 ([33 U.S.C. 701g](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701g&num=0&edition=prelim)), section 14 of the Flood Control Act of 1946 ([33 U.S.C. 701r](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701r&num=0&edition=prelim)), section 107 of the River and Harbor Act of 1960 ([33 U.S.C. 577](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section577&num=0&edition=prelim)), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section426g&num=0&edition=prelim)), and section 111 of the River and Harbor Act of 1968 ([33 U.S.C. 426i](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section426i&num=0&edition=prelim)) in the Trust Territory of the Pacific Islands.

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2292a

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 400 — Continuing authority programs

(1) **Definition of continuing authority program project** — In this section, the term “continuing authority program” means 1 of the following authorities: (A) [Section 701s of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701s&num=0&edition=prelim). (B) [Section 426i of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section426i&num=0&edition=prelim). (C) [Section 2330 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2330&num=0&edition=prelim). (D) [Section 2309a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2309a&num=0&edition=prelim). (E) [Section 577 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section577&num=0&edition=prelim). (F) [Section 426g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section426g&num=0&edition=prelim). (G) [Section 701r of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701r&num=0&edition=prelim). (H) Section 103 of the River and Harbor Act of 1962 (Public Law 87–874; 76 Stat. 1178). (I) [Section 2326(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2326/e&num=0&edition=prelim). (J) [Section 701b–8a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701b-8a&num=0&edition=prelim). (K) [Section 610(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section610/a&num=0&edition=prelim). (2) **Prioritization** — Not later than 1 year after June 10, 2014, the Secretary shall publish in the Federal Register and on a publicly

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 400

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