33 U.S.C. § 2254 — Assessment of operation and maintenance

Page 745 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2254 1 See References in Text note below. acted this section and sections 2253, 2254, and 2255 of this title, amended sections 2212, 2251, and 2327 of this title, and enacted provisions set out as a note under this section. For complete classification of subtitle A to the Code, see Tables. CODIFICATION Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Section is comprised of section 2002 of Pub. L. 113–121. Subsec. (d) of section 2002 of Pub. L. 113–121 amended section 2251 of this title. Statutory Notes and Related Subsidiaries DEFINITIONS Secretary means the Secretary of the Army, see sec- tion 2 of Pub. L. 113–121, set out as a note under section 2201 of this title. Pub. L. 113–121, title II, § 2001, June 10, 2014, 128 Stat. 1260, provided that: ‘‘In this title [enacting this section and sections 2211a, 2238b, 2238c, 2243, 2253, 2254, and 2255 of this title and amending sections 2211, 2212, 2238, 2242, 2251, 2282a, and 2327 of this title and section 9505 of Title 26, Internal Revenue Code]: ‘‘(1) INLAND WATERWAYS TRUST FUND.—The term ‘In- land Waterways Trust Fund’ means the Inland Water- ways Trust Fund established by section 9506(a) of the Internal Revenue Code of 1986 [26 U.S.C. 9506(a)]. ‘‘(2) QUALIFYING PROJECT.—The term ‘qualifying project’ means any construction or major rehabilita- tion project for navigation infrastructure of the in- land and intracoastal waterways that is— ‘‘(A) authorized before, on, or after the date of en- actment of this Act [June 10, 2014]; ‘‘(B) not completed on the date of enactment of this Act; and ‘‘(C) funded at least in part from the Inland Wa- terways Trust Fund.’’ § 2253. Annual financial review For any inland waterways project that the Secretary carries out that has an estimated total cost of $500,000,000 or more, the Secretary shall submit to the congressional committees referred to in subsection (a) 1 an annual financial plan for the project. The plan shall be based on detailed annual estimates of the cost to com- plete the remaining elements of the project and on reasonable assumptions, as determined by the Secretary, of any future increases of the cost to complete the project. (Pub. L. 113–121, title II, § 2007(b), June 10, 2014, 128 Stat. 1268.) Editorial Notes REFERENCES IN TEXT The congressional committees referred to in sub- section (a), referred to in text, mean the congressional committees referred to in subsec. (a) of section 2007 of Pub. L. 113–121, which are the Committee on Environ- ment and Public Works of the Senate and the Com- mittee on Transportation and Infrastructure of the House of Representatives. CODIFICATION Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 2 of Pub. L. 113–121, set out as a note under section 2201 of this title. § 2254. Assessment of operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway (a) In general Not later than 90 days after June 10, 2014, the Secretary shall assess the operation and mainte- nance needs of the Atlantic Intracoastal Water- way and the Gulf Intracoastal Waterway. (b) Types of activities In carrying out subsection (a), the Secretary shall assess the operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway as used for the following purposes: (1) Commercial navigation. (2) Commercial fishing. (3) Subsistence, including utilization by In- dian tribes (as defined in section 5304 of title 25) for subsistence and ceremonial purposes. (4) Use as ingress and egress to harbors of refuge. (5) Transportation of persons. (6) Purposes relating to domestic energy pro- duction, including fabrication, servicing, and supply of domestic offshore energy production facilities. (7) Activities of the Secretary of the depart- ment in which the Coast Guard is operating. (8) Public health and safety related equip- ment for responding to coastal and inland emergencies. (9) Recreation purposes. (10) Any other authorized purpose. (c) Report to Congress For fiscal year 2015, and biennially thereafter, in conjunction with the annual budget submis- sion by the President to Congress under section 1105(a) of title 31, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report that, with respect to the Atlantic Intra- coastal Waterway and the Gulf Intracoastal Wa- terway— (1) identifies the operation and maintenance costs required to achieve the authorized length, width, and depth; (2) identifies the amount of funding re- quested in the President’s budget for oper- ation and maintenance costs; and (3) identifies the unmet operation and main- tenance needs of the Atlantic Intracoastal Wa- terway and the Gulf Intracoastal Waterway. (Pub. L. 113–121, title II, § 2008, June 10, 2014, 128 Stat. 1268.) Editorial Notes CODIFICATION Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of Page 746 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2255 the Water Resources Development Act of 1986 which comprises this chapter. Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 2 of Pub. L. 113–121, set out as a note under section 2201 of this title. § 2255. Inland waterways riverbank stabilization (a) In general Not later than 1 year after June 10, 2014, and biennially thereafter, the Secretary shall con- duct a study to determine the feasibility of— (1) carrying out projects for the inland and intracoastal waterways for purposes of— (A) flood damage reduction; (B) emergency streambank and shoreline protection; and (C) prevention and mitigation of shore damages attributable to navigation improve- ments; and (2) modifying projects for the inland and in- tracoastal waterways for the purpose of im- proving the quality of the environment. (b) Recommendations In conducting the study, the Secretary shall develop specific project recommendations and prioritize those recommendations based on— (1) the extent of damage and land loss result- ing from riverbank erosion; (2) the rate of erosion; (3) the significant threat of future flood risk to public property, public infrastructure, or public safety; (4) the destruction of natural resources or habitats; and (5) the potential cost savings for mainte- nance of the channel. (c) Disposition The Secretary may carry out any project iden- tified in the study conducted pursuant to sub- section (a) in accordance with the criteria for projects carried out under one of the following authorities: (1) Section 701r of this title. (2) Section 701s of this title. (3) Section 426i of this title. (4) Section 2309a of this title. (d) Annual report For a project recommended pursuant to the study that cannot be carried out under any of the authorities specified in subsection (c), upon a determination by the Secretary of the feasi- bility of the project, the Secretary may include a recommendation concerning the project in the annual report submitted to Congress under sec- tion 2282d of this title. (Pub. L. 113–121, title II, § 2009, June 10, 2014, 128 Stat. 1269.) Editorial Notes CODIFICATION Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 2 of Pub. L. 113–121, set out as a note under section 2201 of this title. § 2255a. High water-low water preparedness (a) Definitions In this section: (1) Bypass The term ‘‘bypass’’ means an alternate water route adjacent to a lock and dam on a Federal inland waterway system that can be used for commercial navigation during high water conditions. (2) Emergency condition The term ‘‘emergency condition’’ means— (A) unsafe conditions on a Federal inland waterway system that prevent the operation of commercial vessels, resulting from a major change in water level or flows; (B) an obstruction in a Federal inland wa- terway system, including silt, sediment, rock formation, or a shallow channel; (C) an impaired or inoperable Federal lock and dam; or (D) any other condition determined appro- priate by the Secretary. (b) Emergency determination The Secretary, in consultation with the Dis- trict Commanders responsible for maintaining any Federal inland waterway system, the users of the waterway system, and the Coast Guard, may make a determination that an emergency condition exists on the waterway system. (c) Emergency mitigation project (1) In general Subject to paragraph (2) and the availability of appropriations, and in accordance with all applicable Federal requirements, the Sec- retary may carry out an emergency mitiga- tion project on a Federal inland waterway sys- tem with respect to which the Secretary has determined that an emergency condition ex- ists under subsection (b), or on a bypass of such system, to remedy that emergency condi- tion. (2) Deadline An emergency mitigation project under paragraph (1) shall— (A) be initiated by not later than 60 days after the date on which the Secretary makes the applicable determination under sub- section (b); and (B) to the maximum extent practicable, be completed by not later than 1 year after the date on which the Secretary makes such de- termination. (d) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $25,000,000 for each of fiscal years 2022 through 2024, to remain available until expended. (Pub. L. 116–260, div. AA, title I, § 151, Dec. 27, 2020, 134 Stat. 2657.)