33 U.S.C. § 2357 — Managed aquifer recharge study and

Page 867 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2357 (3) Requirements In updating the policies, regulations, or guidance under paragraph (2), the Secretary shall— (A) provide notice to interested non-Fed- eral stakeholders, including representatives of minority communities, low-income com- munities, and Indian Tribes; (B) provide opportunities for interested stakeholders to comment on potential up- dates of policies, regulations, or guidance; (C) consider the recommendations from the reports submitted under subsection (a); and (D) promote the meaningful involvement of minority communities, low-income com- munities, and Indian Tribes. (c) Community engagement In carrying out a water resources development project, the Secretary shall, to the extent prac- ticable— (1) promote the meaningful involvement of minority communities, low-income commu- nities, and Indian Tribes; (2) provide guidance and technical assistance to such communities or Tribes to increase un- derstanding of the project development and implementation activities, regulations, and policies of the Corps of Engineers; and (3) cooperate with State, Tribal, and local governments with respect to activities carried out pursuant to this subsection. (d) Tribal lands and consultation In carrying out water resources development projects, the Secretary shall, to the extent prac- ticable and in accordance with the Tribal Con- sultation Policy affirmed and formalized by the Secretary on November 1, 2012 (or a successor policy)— (1) promote meaningful involvement with In- dian Tribes specifically on any Tribal lands near or adjacent to any water resources devel- opment projects, for purposes of identifying lands of ancestral, cultural, or religious im- portance; (2) consult with Indian Tribes specifically on any Tribal areas near or adjacent to any water resources development projects, for purposes of identifying lands, waters, and other re- sources critical to the livelihood of the Indian Tribes; and (3) cooperate with Indian Tribes to avoid, or otherwise find alternate solutions with respect to, such areas. (Pub. L. 116–260, div. AA, title I, § 112, Dec. 27, 2020, 134 Stat. 2625.) Editorial Notes REFERENCES IN TEXT Section 1214 of the Water Resources Development Act of 2018, referred to in subsec. (a)(1), is section 1214 of Pub. L. 115–270, title I, Oct. 23, 2018, 132 Stat. 3768, which is not classified to the Code. Section 1120(a)(3) of the Water Resources Develop- ment Act of 2016, referred to in subsec. (a)(2), is section 1120(a)(3) of Pub. L. 114–322, title I, Dec. 16, 2016, 130 Stat. 1632, which is not classified to the Code. CODIFICATION Section was enacted as a part of the Water Resources Development Act of 2020, and not as a 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 div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title. § 2357. Managed aquifer recharge study and working group (a) Assessment (1) In general The Secretary shall, in consultation with applicable non-Federal interests, conduct a national assessment of carrying out managed aquifer recharge projects to address drought, water resiliency, and aquifer depletion at au- thorized water resources development projects. (2) Requirements In carrying out paragraph (1), the Secretary shall— (A) assess and identify opportunities to support non-Federal interests, including Tribal communities, in carrying out man- aged aquifer recharge projects; and (B) assess preliminarily local hydrogeologic conditions relevant to car- rying out managed aquifer recharge projects. (3) Coordination In carrying out paragraph (1), the Secretary shall coordinate, as appropriate, with the heads of other Federal agencies, States, re- gional governmental agencies, units of local government, experts in managed aquifer re- charge, and Tribes. (b) Feasibility studies (1) Authorization The Secretary is authorized to carry out fea- sibility studies, at the request of a non-Fed- eral interest, of managed aquifer recharge projects in areas that are experiencing, or have recently experienced, prolonged drought conditions, aquifer depletion, or water supply scarcity. (2) Limitation The Secretary may carry out not more than 10 feasibility studies under this subsection. (3) Use of information The Secretary shall, to the maximum extent practicable, use information gathered from the assessment conducted under subsection (a) in identifying and selecting feasibility studies to carry out under this subsection. (4) Cost share The Federal share of the cost of a feasibility study carried out under this subsection shall be 90 percent. (c) Working group (1) In general Not later than 180 days after December 23, 2022, the Secretary shall establish a managed Page 868 TITLE 33—NAVIGATION AND NAVIGABLE WATERS §§ 2401 to 2410 aquifer recharge working group made up of subject matter experts within the Corps of En- gineers and relevant non-Federal stake- holders. (2) Composition In establishing the working group under paragraph (1), the Secretary shall ensure that members of the working group have expertise working with— (A) projects providing water supply stor- age to meet regional water supply demand, particularly in regions experiencing drought; (B) the protection of groundwater supply, including promoting infiltration and in- creased recharge in groundwater basins, and groundwater quality; (C) aquifer storage, recharge, and recovery wells; (D) dams that provide recharge enhance- ment benefits; (E) groundwater hydrology; (F) conjunctive use water systems; and (G) agricultural water resources, including the use of aquifers for irrigation purposes. (3) Duties The working group established under this subsection shall— (A) advise the Secretary regarding the de- velopment and execution of the assessment under subsection (a) and any feasibility studies under subsection (b); (B) assist Corps of Engineers offices at the headquarter, division, and district levels with raising awareness of non-Federal inter- ests of the potential benefits of carrying out managed aquifer recharge projects; and (C) assist with the development of the re- port required to be submitted under sub- section (d). (d) Report to Congress Not later than 2 years after December 23, 2022, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Envi- ronment and Public Works of the Senate a re- port on managed aquifer recharge that in- cludes— (1) the results of the assessment conducted under subsection (a) and any feasibility stud- ies carried out under subsection (b), including data collected under such assessment and studies and any recommendations on managed aquifer recharge opportunities for non-Federal interests, States, local governments, and Tribes; (2) a status update on the implementation of the recommendations included in the report of the U.S. Army Corps of Engineers Institute for Water Resources entitled ‘‘Managed Aquifer Recharge and the U.S. Army Corps of Engi- neers: Water Security through Resilience’’, published in April 2020 (2020–WP–01); and (3) an evaluation of the benefits of creating a new or modifying an existing planning cen- ter of expertise for managed aquifer recharge, and identify potential locations for such a cen- ter of expertise, if feasible. (e) Savings provision Nothing in this section affects the non-Federal share of the cost of construction of a managed aquifer recharge project under section 2213 of this title or any other provision of law. (f) Definitions In this section: (1) Managed aquifer recharge The term ‘‘managed aquifer recharge’’ means the intentional banking and treatment of water in aquifers for storage and future use. (2) Managed aquifer recharge project The term ‘‘managed aquifer recharge project’’ means a project to incorporate man- aged aquifer recharge features into a water re- sources development project. (Pub. L. 117–263, div. H, title LXXXI, § 8108, Dec. 23, 2022, 136 Stat. 3700.) Editorial Notes CODIFICATION Section was enacted as part of the Water Resources Development Act of 2022, and also as part of the James M. Inhofe National Defense Authorization Act for Fis- cal Year 2023, 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 8002 of Pub. L. 117–263, set out as a note under sec- tion 2201 of this title. CHAPTER 37—ORGANOTIN ANTIFOULING PAINT CONTROL §§ 2401 to 2410. Repealed. Pub. L. 111–281, title X, § 1048, Oct. 15, 2010, 124 Stat. 3032 Section 2401, Pub. L. 100–333, § 2, June 16, 1988, 102 Stat. 605, provided findings and purposes for chapter. Section 2402, Pub. L. 100–333, § 3, June 16, 1988, 102 Stat. 605, provided definitions for chapter. Section 2403, Pub. L. 100–333, § 4, June 16, 1988, 102 Stat. 606, prohibited, with exceptions, application of antifouling paint containing organotin to any vessel less than 25 meters in length. Section 2404, Pub. L. 100–333, § 5, June 16, 1988, 102 Stat. 606, prohibited certain organotin paints and addi- tives. Section 2405, Pub. L. 100–333, § 6, June 16, 1988, 102 Stat. 607, related to certification of antifouling paints containing organotin. Section 2406, Pub. L. 100–333, § 7, June 16, 1988, 102 Stat. 607; Pub. L. 104–106, div. A, title X, § 1064(f), Feb. 10, 1996, 110 Stat. 445, related to monitoring and re- search of ecological effects. Section 2407, Pub. L. 100–333, § 8, June 16, 1988, 102 Stat. 608, provided for alternative antifouling research. Section 2408, Pub. L. 100–333, § 9, June 16, 1988, 102 Stat. 608, related to issuance of a final water quality criteria document. Section 2409, Pub. L. 100–333, § 10, June 16, 1988, 102 Stat. 608, provided for civil and criminal penalties for violations of certain sections of chapter. Section 2410, Pub. L. 100–333, § 11, June 16, 1988, 102 Stat. 608, related to other authorities and State laws. Statutory Notes and Related Subsidiaries EFFECTIVE DATE; USE OF EXISTING STOCKS Pub. L. 100–333, § 12, June 16, 1988, 102 Stat. 609, which provided that this chapter would take effect on June 16, 1988, and provided for a limited amount of time after that date to sell and use existing stocks of organotin