33 U.S.C. § 2267 — New York Bight study

Page 750 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2267 (b) Study phases The Secretary shall conduct the studies au- thorized in subsection (a) of this section in two phases: (1) Studies to be completed not later than October 1, 1988, to (A) identify effects of any such projects on tidal ranges and resulting im- pacts to beaches and estuarine areas, and (B) identify further studies which would be needed to meet the requirements of paragraph (2) of this subsection; and (2) Studies to be completed not later than October 1, 1990, to (A) determine further envi- ronmental, social, economic, and institutional impacts of such tidal power development, and (B) determine what measures could be taken in Canada and the United States to offset or minimize any adverse impacts of such develop- ment on the United States. (c) Authorization of appropriations In the fiscal year ending September 30, 1987, or in any fiscal year thereafter, there is authorized to be appropriated to the Secretary the sum of $1,100,000 for the purposes of subsection (b)(1) of this section, and the sum of $8,900,000 for the purposes of subsection (b)(2) of this section, such sums to remain available until expended. (Pub. L. 99–662, title VII, § 724, Nov. 17, 1986, 100 Stat. 4163.) § 2267. New York Bight study (a) Study authority The Secretary shall study a hydro-environ- mental monitoring and information system in the New York Bight in the form of a system using computerized buoys and radio telemetry that allows for the continual monitoring (at strategically located sites throughout the New York Bight) of the following: wind, wave, cur- rent, salinity and thermal gradients and sea chemistry, in order to measure the effect of changes due to air and water pollution, includ- ing changes due to continued dumping in the Bight. (b) Study of physical hydraulic model In addition, the Secretary shall study a proper physical hydraulic model of the New York Bight and for such an offshore model to be tied into the existing inshore physical hydraulic model of the Port of New York and New Jersey operated by the United States Army Corps of Engineers. (c) Agency coordination; findings and rec- ommendations The Secretary shall coordinate fully with the Administrator of the Environmental Protection Agency in carrying out the study described in this section and shall report any findings and recommendations to Congress. The Secretary and the Administrator shall also consider the views of other appropriate Federal, State, and local agencies, academic institutions, and mem- bers of the public who are concerned about water quality in the New York Bight. (d) Authorization of appropriations There is authorized to be appropriated not more than $1,000,000 per fiscal year for each of fiscal years 1987, 1988, 1989, 1990, and 1991. (Pub. L. 99–662, title VII, § 728, Nov. 17, 1986, 100 Stat. 4164.) Statutory Notes and Related Subsidiaries NEW YORK BIGHT AND HARBOR STUDY Pub. L. 102–580, title III, § 326, Oct. 31, 1992, 106 Stat. 4850, as amended by Pub. L. 104–303, title IV, § 433, Oct. 12, 1996, 110 Stat. 3746, provided that: ‘‘(a) IN GENERAL.—As a continuation of the study pur- suant to section 728 of the Water Resources Develop- ment Act of 1986 [33 U.S.C. 2267], the Secretary shall study a hydro-environmental monitoring and informa- tion system in the New York Bight and New York Har- bor and tributaries to the head of tide, in the form of a system using computerized buoys and radio telemetry that allows for the continual monitoring (at strategi- cally located sites throughout the New York Bight and Harbor region) of the following: wind, wave, current, salinity, and thermal gradients and sea chemistry, in order to measure the effect of changes due to air and water pollution, including changes due to continued dumping in the Bight. This effort will include the study of a verified, nested, high-resolution Harbor/Bight Apex numerical model, and supportive monitoring and infor- mation systems. ‘‘(b) HYDRAULIC MODEL.—In addition, the Secretary shall study a proper physical hydraulic model of the New York Bight and the tying in of such model to the existing inshore physical hydraulic model of the Port of New York and New Jersey operated by the United States Army Corps of Engineers. ‘‘(c) PURPOSE.—This New York Bight and Harbor ef- fort will address the engineering, environmental, and social impacts of natural and man-made changes to the New York Bight, including water quality parameters such as contaminant and sediment transport effects, and nutrient eutrophication. ‘‘(d) COORDINATION WITH EPA; REPORTS.—The Sec- retary shall coordinate fully with the Administrator of the Environmental Protection Agency in carrying out the study described in the section and shall report any findings and recommendations to Congress. The Sec- retary and the Administrator shall also consider the views of other appropriate Federal, State, and local agencies, academic institutions, and members of the public who are concerned about water and sediment quality in the New York Bight and Harbor region. ‘‘(e) REMEDIATION TECHNIQUES.— ‘‘(1) IN GENERAL.—To test and verify contaminant and sediment tracking ability of the models, and to reduce the problems associated with the dredging and disposal of dioxin contaminated sediments in the re- gion, a study shall be performed to identify appro- priate remediation techniques (including isolation and treatment) for mitigating dioxin contaminated sediments at their sources. The study and report are not intended to encumber civil works projects under development or scheduled to be maintained. Work on these projects shall proceed along the present sched- ule. ‘‘(2) REPORT.—Not later than 1 year after the date of the enactment of this Act [Oct. 31, 1992], the Sec- retary shall submit to the Committee on Environ- ment and Public Works of the Senate, the Committee on Public Works and Transportation of the House of Representatives, and to the State of New Jersey a re- port on— ‘‘(A) the dioxin study and monitoring required in this subsection; and ‘‘(B) the effectiveness and costs of all reasonable remediation measures, including recommendations as to a plan for implementation of the most time and cost-effective measures. ‘‘(f) FUNDING.—There is authorized to be appropriated $3,000,000 for fiscal years beginning after September 30, 1992. Such sums shall remain available until expended.’’ Pub. L. 100–220, title II, subtitle C, Dec. 29, 1987, 101 Stat. 1467, as amended by Pub. L. 100–688, title I, Page 751 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2267a § 1003(b), (c), Nov. 18, 1988, 102 Stat. 4150, directed Ad- ministrator of the Environmental Protection Agency, within 3 years after Dec. 29, 1987, in consultation with Administrator of the National Oceanic and Atmos- pheric Administration and other Federal, State, and interstate agencies, to prepare and submit to Congress a New York Bight Restoration Plan and a detailed schedule and two preliminary reports at specified times, and further directed Administrator to conduct a study of problems associated with plastic debris in the New York Bight and report to Congress within 6 months after Dec. 29, 1987. § 2267a. Watershed and river basin assessments (a) In general The Secretary may assess the water resources needs of river basins and watersheds of the United States, including needs relating to— (1) ecosystem protection and restoration; (2) flood damage reduction; (3) navigation and ports; (4) watershed protection; (5) water supply; (6) drought preparedness; (7) sea level rise; (8) coastal storm damage reduction; and (9) streambank and shoreline protection. (b) Cooperation An assessment under subsection (a) shall be carried out in cooperation and coordination with— (1) the Secretary of the Interior; (2) the Secretary of Agriculture; (3) the Secretary of Commerce; (4) the Administrator of the Environmental Protection Agency; and (5) the heads of other appropriate agencies. (c) Consultation In carrying out an assessment under sub- section (a), the Secretary shall consult with Federal, tribal, State, interstate, and local gov- ernmental entities. (d) Priority river basins and watersheds In selecting river basins and watersheds for as- sessment under this section, the Secretary shall give priority to— (1) the Delaware River basin; (2) the Kentucky River basin; (3) the Potomac River basin; (4) the Susquehanna River basin; (5) the Willamette River basin; (6) Tuscarawas River Basin, Ohio; (7) Sauk River Basin, Snohomish and Skagit Counties, Washington; (8) Niagara River Basin, New York; (9) Genesee River Basin, New York; (10) White River Basin, Arkansas and Mis- souri; (11) New York-New Jersey Watershed Basin, which encompasses all the watersheds that flow into the New York-New Jersey Harbor and their associated estuaries, including the Hudson, Mohawk, Raritan, Passaic, Hacken- sack, and Bronx River Watersheds and the Hudson River Estuary; (12) Mississippi River Watershed; (13) Chattahoochee River Basin, Alabama, Florida, and Georgia; (14) the Walla Walla River Basin; (15) the San Francisco Bay Basin; (16) Connecticut River Watershed, Con- necticut, Massachusetts, New Hampshire, and Vermont; (17) Lower Rouge River Watershed, Michi- gan; and (18) Grand River Watershed, Michigan. (e) Acceptance of contributions In carrying out an assessment under sub- section (a), the Secretary may accept contribu- tions, in cash or in kind, from Federal, tribal, State, interstate, and local governmental enti- ties to the extent that the Secretary determines that the contributions will facilitate completion of the assessment. (f) Cost-sharing requirements (1) Non-Federal share The non-Federal share of the costs of an as- sessment carried out under this section on or after December 11, 2000, shall be 25 percent. (2) Credit (A) In general Subject to subparagraph (B), the Secretary may credit toward the non-Federal share of an assessment under this section the cost of services, materials, supplies, or other in- kind contributions provided by the non-Fed- eral interests for the assessment. (B) Maximum amount of credit The credit under subparagraph (A) may not exceed an amount equal to 25 percent of the costs of the assessment. (g) Feasibility report on project specific rec- ommendations from assessments (1) In general At the request of a non-Federal interest for an assessment completed under this section, the Secretary is authorized to prepare a feasi- bility report, in accordance with the require- ments of section 2282 of this title, recom- mending the construction or modification of a water resources development project to ad- dress a water resources need of a river basin or watershed of the United States identified in the assessment. (2) Priority watersheds In carrying out this subsection, the Sec- retary shall give priority to— (A) the watersheds of the island of Maui, Hawaii, including the Wahikuli, Honoko¯wai, Kahana, Honokahua, and Honolua water- sheds, including the coral reef habitat north of Lahaina off the northwestern coast of the island of Maui; and (B) the watersheds of the Northern Mar- iana Islands, American Samoa, and Guam. (Pub. L. 99–662, title VII, § 729, Nov. 17, 1986, 100 Stat. 4164; Pub. L. 106–541, title II, § 202, Dec. 11, 2000, 114 Stat. 2587; Pub. L. 110–114, title II, § 2010, Nov. 8, 2007, 121 Stat. 1074; Pub. L. 117–263, div. H, title LXXXI, § 8302, Dec. 23, 2022, 136 Stat. 3776; Pub. L. 118–272, div. A, title I, § 1143, Jan. 4, 2025, 138 Stat. 3034.) Editorial Notes AMENDMENTS 2025—Subsec. (d)(14) to (18). Pub. L. 118–272, § 1143(1), added pars. (14) to (18).