33 U.S.C. § 2255 — Inland waterways riverbank stabilization

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.)