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33 U.S.C. § 2289a — Continued planning and investigations
Federal law — U.S. Code and appendices · legal_authorities
**(a) Pre-authorization planning and engineering** After the Chief of Engineers transmits his recommendations for a water resources development project to the Secretary for transmittal to the Congress, as authorized in [section 701–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701-1&num=0&edition=prelim), and before authorization for construction of such project, the Chief of Engineers is authorized to undertake continued planning and engineering (other than preparation of plans and specifications) for such project if the Chief of Engineers finds that the project is without substantial controversy and justifies further engineering, economic, and environmental investigations and the Chief of Engineers transmits to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate a statement of such findings. In the one-year period after authorization for construction of such project, the Chief of Engineers is authorized to undertake planning, engineering, and design for such project.
**(b) Omitted**
**(c) Authorizations as additions to other authorizations** The authorization made by this section shall be in addition to any other authorizations for planning, engineering, and design of water resources development projects and shall not be construed as a limitation on any other such authorization.
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Stable record: federal_law:legal_authorities:record_usc_b063596b616c9f25c00392ee
Source file: Laws/federal/codes/united-states-code/title-33/section-2289a-continued-planning-and-investigations--11d74f44bb.md
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Source location: Title 33, Chapter 36, § 2289a; chapter-036-water-resources-development.md
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**(a) Pre-authorization planning and engineering** After the Chief of Engineers transmits his recommendations for a water resources development project to the Secretary for transmittal to the Congress, as authorized in [section 701–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701-1&num=0&edition=prelim), and before authorization for construction of such project, the Chief of Engineers is authorized to undertake continued planning and engineering (other than preparation of plans and specifications) for such project if the Chief of Engineers finds that the project is without substantial controversy and justifies further engineering, economic, and environmental investigations and the Chief of Engineers transmits to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate a statement of such findings. In the one-year period after authorization for construction of such project, the Chief of Engineers is authorized to undertake planning, engineering, and design for such project.
**(b) Omitted**
**(c) Authorizations as additions to other authorizations** The authorization made by this section shall be in addition to any other authorizations for planning, engineering, and design of water resources development projects and shall not be construed as a limitation on any other such authorization.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) When requested by a committee of Congress having jurisdiction over receipts or appropriations, the President shall provide the committee with assistance and information.
(2) When requested by a committee of Congress, additional information related to the amount of an appropriation originally requested by an Office of Inspector General shall be submitted to the committee.
**(b)** When requested by a committee of Congress, by the Comptroller General, or by the Director of the Congressional Budget Office, the Secretary of the Treasury, the Director of the Office of Management and Budget, and the head of each executive agency shall—
(1) provide information on the location and kind of available fiscal, budget, and program information;
(2) to the extent practicable, prepare summary tables of that fiscal, budget, and program information and related information the committee, the Comptroller General, or the Director of the Congressional Budget Office considers necessary; and
(3) provide a program evaluation carried out or commissioned by an executive agency.
**(c)** In cooperation with the Director of the Congressional Budget Office, the Secretary, and the Director of the Office of Management and Budget, the Comptroller General shall—
(1) establish and maintain a current directory of sources of, and information systems for, fiscal, budget, and program information and a brief description of the contents of each source and system;
(2) when requested, provide assistance to committees of Congress and members of Congress in obtaining information from the sources in the directory; and
(3) when requested, provide assistance to committees and, to the extent practicable, to members of Congress in evaluating the information obtained from the sources in the directory
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1113
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Federal law — U.S. Code and appendices · legal_authorities
The oath of office shall be administered by the President of the Senate to each Senator who shall be elected, previous to his taking his seat.
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 21
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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) General authority**
(1) **In general** — The Secretary may carry out a project to restore and protect an aquatic ecosystem or estuary if the Secretary determines that the project—
(A)
(i) will improve the quality of the environment and is in the public interest; or
(ii) will improve the elements and features of an estuary (as defined in [section 2902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2902&num=0&edition=prelim)); and
(B) is cost-effective.
(2) **Dam removal** — A project under this section may include removal of a dam.
(3) **Anadromous fish habitat and passage**
(A) *Measures* — A project under this section may include measures to improve habitat or passage for anadromous fish, including—
(i) installing fish bypass structures on small water diversions;
(ii) modifying tide gates; and
(iii) restoring or reconnecting floodplains and wetlands that are important for anadromous fish habitat or passage.
(B) *Benefits* — A project that includes measures under this paragraph shall be formulated to maximize benefits for the anadromous fish species benefitted by the project.
(4) **Drought resilience** — A project under this section may include measures that enhance drought resilience through the restoration of wetlands or the removal of invasive species.
**(b) Cost sharing**
(1) **In general** — Non-Federal interests shall provide 35 percent of the cost of construction of any project carried out under this section, including provision of all lands, easements, rights-of-way, and necessary relocations.
(2) **Form** — Before October 1, 2003, the Federal share of the cost of a project under this section may be provided in the form of reimbursements of project costs.
(3) **Anadrom
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2330c
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Affected community** — The term “affected community” means a legally constituted public body (as that term is used in [section 1962d–5b(b) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1962d–5b/b&num=0&edition=prelim))—
(A) with jurisdiction over an area that has been subject to flooding in two or more events in any 10-year period; and
(B) that has received emergency flood-fighting assistance, including construction of temporary barriers by the Secretary, under [section 701n of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701n&num=0&edition=prelim) with respect to such flood events.
(2) **Natural feature; nature-based feature** — The terms “natural feature” and “nature-based feature” have the meanings given those terms in [section 2289a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2289a&num=0&edition=prelim).
**(b) Program**
(1) **In general** — The Secretary is authorized to carry out a program to study, design, and construct water resources development projects through measures involving, among other things, strengthening, raising, extending, realigning, or otherwise modifying existing flood control works, designing new works, and incorporating natural features, nature-based features, or nonstructural features, as appropriate to provide flood and coastal storm risk management to affected communities.
(2) **Considerations** — In carrying out paragraph (1), the Secretary shall, to the maximum extent practical, review and, where appropriate, incorporate natural features or nature-based features, or a combination of such features and nonstructural features, that avoid or reduce at least 50
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 701n–3
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Federal law — U.S. Code and appendices · legal_authorities
Page 784
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 2288
sources development projects and shall not be
construed as a limitation on any other such au-
thorization.
(Pub. L. 99–662, title IX, § 910, Nov. 17, 1986, 100
Stat. 4189.)
Editorial Notes
CODIFICATION
Subsec. (b) of this section, which required the Sec-
retary to prepare and transmit an annual report to cer-
tain committees of Congress on activities undertaken
under this section, terminated, effective May 15, 2000,
pursuant to section 3003 of Pub. L. 104–66, as amended,
set out as a note under section 1113 of Title 31, Money
and Finance. See, also, page 72 of House Document No.
103–7.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Committee on Public Works and Transportation of
House of Representatives treated as referring to Com-
mittee on Transportation and Infrastructure of House
of Representatives by section 1(a) of Pub. L. 104–14, set
out as a note preceding section 21 of Title 2, The Con-
gress.
§ 2288. Repealed. Pub. L. 113–121, title I, § 1004,
June 10, 2014, 128 Stat. 1199
Section, Pub. L. 99–662, title IX, § 911, Nov. 17, 1986, 100
Stat. 4189, related to review of cost effectiveness of de-
sign.
§ 2289. Urban and rural flood control frequency
In the preparation of feasibility reports for
projects for flood damage prevention in urban
and rural areas, the Secretary may consider and
evaluate measures to reduce or eliminate dam-
ages from flooding without regard to frequency
of flooding, drainage area, and amount of runoff.
This section shall apply with respect to any
project, or separable element thereof, the Fed-
eral share of the cost of which is less than
$3,000,000.
(Pub. L. 99–662, title IX, § 914, Nov. 17, 1986, 100
Stat. 4190.)
§ 2289a. Consideration of measure
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 2289a
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