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42 U.S.C. § 1962d–5b — Delegation of functions
Federal law — U.S. Code and appendices · legal_authorities
The Council is authorized to delegate to any member or employee of the Council its administrative functions under [section 1962a–4 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1962a-4&num=0&edition=prelim) and the detailed administration of the grant program under subchapter III.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1962d–5b
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Stable record: federal_law:legal_authorities:record_usc_e5f5824b513beca79895cdcc
Source file: Laws/federal/codes/united-states-code/title-42/section-1962d5b-delegation-of-functions--bac191a05b.md
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Passage SHA-256: be1564f50927a2145aa764f629b9213fa175af71faae6fed091e985c469e98d0
Source location: Title 42, Chapter 19B, § 1962d–5b; chapter-19b-water-resources-planning.md
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The Council is authorized to delegate to any member or employee of the Council its administrative functions under [section 1962a–4 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1962a-4&num=0&edition=prelim) and the detailed administration of the grant program under subchapter III.
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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) Operation and maintenance of navigation projects** Whenever necessary to meet the requirements of the Federal Water Pollution Control Act [[33 U.S.C. 1251](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1251&num=0&edition=prelim) et seq.], the Secretary, in consultation with the Administrator of the Environmental Protection Agency, may remove and remediate, as part of operation and maintenance of a navigation project, contaminated sediments outside the boundaries of and adjacent to the navigation channel.
**(b) Nonproject specific**
(1) **In general** — The Secretary may remove and remediate contaminated sediments from the navigable waters of the United States for the purpose of environmental enhancement and water quality improvement if such removal and remediation is requested by a non-Federal sponsor and the sponsor agrees to pay 35 percent of the cost of such removal and remediation.
(2) **Maximum amount** — The Secretary may not expend more than $50,000,000 in a fiscal year to carry out this subsection.
**(c) Joint plan requirement** The Secretary may only remove and remediate contaminated sediments under subsection (b) in accordance with a joint plan developed by the Secretary and interested Federal, State, and local government officials. Such plan must include an opportunity for public comment, a description of the work to be undertaken, the method to be used for dredged material disposal, the roles and responsibilities of the Secretary and non-Federal sponsors, and identification of sources of funding.
**(d) Disposal costs** Costs of disposal of contaminated sediments removed under this section shall be a 11 So in original. The word “a” probably should not appear. shared as a cost of construction.
**(e) Limitation on statu
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1272
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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) 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
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) Flood control**
(1) **General rule** — The non-Federal interests for a project with costs assigned to flood control (other than a nonstructural project) shall—
(A) pay 5 percent of the cost of the project assigned to flood control during construction of the project;
(B) provide all lands, easements, rights-of-way, and dredged material disposal areas required only for flood control and perform all related necessary relocations; and
(C) provide that portion of the joint costs of lands, easements, rights-of-way, dredged material disposal areas, and relocations which is assigned to flood control.
(2) **35 percent minimum contribution** — If the value of the contributions required under paragraph (1) of this subsection is less than 35 percent of the cost of the project assigned to flood control, the non-Federal interest shall pay during construction of the project such additional amounts as are necessary so that the total contribution of the non-Federal interests under this subsection is equal to 35 percent of the cost of the project assigned to flood control.
(3) **50 percent maximum** — The non-Federal share under paragraph (1) shall not exceed 50 percent of the cost of the project assigned to flood control. The preceding sentence does not modify the requirement of paragraph (1)(A) of this subsection.
(4) **Deferred payment of amount exceeding 30 percent** — If the total amount of the contribution required under paragraph (1) of this subsection exceeds 30 percent of the cost of the project assigned to flood control, the non-Federal interests may pay the amount of the excess to the Secretary over a 15-year period (or such shorter period as may be agreed to by the Secretary and the non-Federal interests) beginning on the date construction of the project or
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2215
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Application of credit**
(1) **In general** — Subject to subsection (b), the Secretary may apply credit for in-kind contributions provided by a non-Federal interest that are in excess of the required non-Federal cost share for a water resources development study or project toward the required non-Federal cost share for a different water resources development study or project.
(2) **Application prior to completion of project** — On request of a non-Federal interest, the credit described in paragraph (1) may be applied prior to completion of a study or project, if the credit amount is verified by the Secretary.
(3) **Studies and projects with multiple non-Federal interests** — A credit described in paragraph (1) for a study or project with multiple non-Federal interests may be applied to the required non-Federal cost share for a study or project of any such non-Federal interest, if each such non-Federal interest agrees in writing to such application.
**(b) Restrictions**
(1) **In general** — Except for subsection (a)(4)(D)(i) of that section, the requirements of [section 1962d–5b of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1962d–5b&num=0&edition=prelim) (as amended by section 1018(a)) shall apply to any credit under this section.
(2) **Conditions** — Credit in excess of the non-Federal share for a study or project may be approved under this section only if—
(A) the non-Federal interest submits a comprehensive plan to the Secretary that identifies—
(i) the studies and projects for which the non-Federal interest intends to provide in-kind contributions for credit that are in excess of the non-Federal cost share for the study or project; and
(ii) the authorized studies and projects to which that excess cred
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2226
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Federal law — U.S. Code and appendices · legal_authorities
**(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
For purposes of this subchapter—
(1) **Deep-draft harbor** — The term “deep-draft harbor” means a harbor which is authorized to be constructed to a depth of more than 45 feet (other than a project which is authorized by [section 202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section202&num=0&edition=prelim)).
(2) **Eligible operations and maintenance**
(A) Except as provided in subparagraph (B), the term “eligible operations and maintenance” means all Federal operations, maintenance, repair, and rehabilitation, including (i) maintenance dredging reasonably necessary to maintain the width and nominal depth of any harbor or inland harbor; (ii) the construction of dredged material disposal facilities that are necessary for the operation and maintenance of any harbor or inland harbor; (iii) dredging and disposing of contaminated sediments that are in or that affect the maintenance of Federal navigation channels; (iv) mitigating for impacts resulting from Federal navigation operation and maintenance activities; and (v) operating and maintaining dredged material disposal facilities.
(B) As applied to the Saint Lawrence Seaway, the term “eligible operations and maintenance” means all operations, maintenance, repair, and rehabilitation, including maintenance dredging reasonably necessary to keep such Seaway or navigation improvements operated or maintained by the Great Lakes St. Lawrence Seaway Development Corporation in operation and reasonable state of repair.
(C) The term “eligible operations and maintenance” does not include providing any lands, easements, or rights-of-way, or performing relocations required for project operations and maintenance.
(3) **General cargo harbor** — The term “general cargo harbor” means a harb
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2251
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a) In general** Not later than February 1 of each year, the Secretary shall develop and submit to Congress an annual report, to be entitled “Report to Congress on Authorized Water Resources Development Projects and Studies”, that identifies—
(1) ongoing or new feasibility studies, authorized within the previous 20 years, for which a Report of the Chief of Engineers has not been issued;
(2) authorized feasibility studies for projects in the preconstruction, engineering and design phase;
(3) ongoing or new water resources development projects authorized for construction within the previous 20 years; and
(4) authorized and constructed water resources development projects the Secretary has the responsibility to operate or maintain.
**(b) Contents**
(1) **Inclusions**
(A) *Criteria* — The Secretary shall include in each report submitted under this section only a feasibility study or water resources development project—
(i) that has been authorized by Congress to be carried out by the Secretary and does not require any additional congressional authorization to be carried out;
(ii) that the Secretary has the capability to carry out if funds are appropriated for such study or project under any of the “Investigations”, “Construction”, “Operation and Maintenance”, or “Mississippi River and Tributaries” appropriations accounts for the Corps of Engineers; and
(iii) for which a non-Federal interest—
(I) in the case of a study or a project other than a project for which funds may be appropriated for operation and maintenance, has entered into a feasibility cost-sharing agreement, design agreement, or project partnership agreement with the Corps of Engineers, or has informed the Secretary that the non-Federal interest has the financial capability to e
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2282g
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