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33 U.S.C. § 2312 — Comments on certain changes in oper-
Federal law — U.S. Code and appendices · legal_authorities
Page 796
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 2311
Subsec. (b). Pub. L. 115–270, § 1156, substituted ‘‘Octo-
ber 23, 2018’’ for ‘‘June 10, 2014’’.
2016—Pub. L. 114–322, § 1119(1), inserted ‘‘and Indian
tribes’’ after ‘‘Territories’’ in section catchline.
Subsec. (a). Pub. L. 114–322, § 1119(2), inserted dash
after ‘‘projects’’ and par. (1) designation before ‘‘in
American’’ and added par. (2).
2014—Pub. L. 113–121 designated existing provisions as
subsec. (a) and inserted heading, inserted ‘‘Puerto
Rico,’’ before ‘‘and the Trust Territory of the Pacific
Islands’’, and added subsec. (b).
Executive Documents
TERMINATION OF TRUST TERRITORY OF THE PACIFIC
ISLANDS
For termination of Trust Territory of the Pacific Is-
lands, see note set out preceding section 1681 of Title
48, Territories and Insular Possessions.
§ 2311. Report to Congress covering proposals for
water impoundment facilities
Any report that is submitted to the Com-
mittee on Environment and Public Works of the
Senate or the Committee on Public Works and
Transportation of the House of Representatives
by the Secretary, or the Secretary of Agri-
culture acting under Public Law 83–566, as
amended [16 U.S.C. 1001 et seq.], which proposes
construction of a water impoundment facility,
shall include information on the consequences of
failure and geologic or design factors which
could contribute to the possible failure of such
facility.
(Pub. L. 99–662, title XII, § 1202, Nov. 17, 1986, 100
Stat. 4263.)
Editorial Notes
REFERENCES IN TEXT
Public Law 83–566, as amended, referred to in text, is
act Aug. 4, 1954, ch. 656, 68 Stat. 666, known as the Wa-
tershed Protection and Flood Prevention Act, which is
classified principally to chapter 18 (§ 1001 et seq.) of
Title 16, Conservation.
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 2312
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Source location: USCODE-2024-title33-chap36-subchapV-sec2312.pdf
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Page 796
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 2311
Subsec. (b). Pub. L. 115–270, § 1156, substituted ‘‘Octo-
ber 23, 2018’’ for ‘‘June 10, 2014’’.
2016—Pub. L. 114–322, § 1119(1), inserted ‘‘and Indian
tribes’’ after ‘‘Territories’’ in section catchline.
Subsec. (a). Pub. L. 114–322, § 1119(2), inserted dash
after ‘‘projects’’ and par. (1) designation before ‘‘in
American’’ and added par. (2).
2014—Pub. L. 113–121 designated existing provisions as
subsec. (a) and inserted heading, inserted ‘‘Puerto
Rico,’’ before ‘‘and the Trust Territory of the Pacific
Islands’’, and added subsec. (b).
Executive Documents
TERMINATION OF TRUST TERRITORY OF THE PACIFIC
ISLANDS
For termination of Trust Territory of the Pacific Is-
lands, see note set out preceding section 1681 of Title
48, Territories and Insular Possessions.
§ 2311. Report to Congress covering proposals for
water impoundment facilities
Any report that is submitted to the Com-
mittee on Environment and Public Works of the
Senate or the Committee on Public Works and
Transportation of the House of Representatives
by the Secretary, or the Secretary of Agri-
culture acting under Public Law 83–566, as
amended [16 U.S.C. 1001 et seq.], which proposes
construction of a water impoundment facility,
shall include information on the consequences of
failure and geologic or design factors which
could contribute to the possible failure of such
facility.
(Pub. L. 99–662, title XII, § 1202, Nov. 17, 1986, 100
Stat. 4263.)
Editorial Notes
REFERENCES IN TEXT
Public Law 83–566, as amended, referred to in text, is
act Aug. 4, 1954, ch. 656, 68 Stat. 666, known as the Wa-
tershed Protection and Flood Prevention Act, which is
classified principally to chapter 18 (§ 1001 et seq.) of
Title 16, Conservation. For complete classification of
this Act to the Code, see Short Title note set out under
section 1001 of Title 16 and Tables.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Committee on Public Works and Transportation of
House of Representatives treated as referring to Com-
mittee on Transportation and Infrastructure of House
of Representatives by section 1(a) of Pub. L. 104–14, set
out as a note preceding section 21 of Title 2, The Con-
gress.
§ 2312. Comments on certain changes in oper-
ations of reservoirs
Before the Secretary may make changes in the
operation of any reservoir which will result in
or require a reallocation of storage space in such
reservoir or will significantly affect any project
purpose, the Secretary shall provide an oppor-
tunity for public review and comment.
(Pub. L. 100–676, § 5, Nov. 17, 1988, 102 Stat. 4022.)
Editorial Notes
CODIFICATION
Section was enacted as part of the Water Resources
Development Act of 1988, 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. 100–676, set out as a note under section
2201 of this title.
§ 2313. Research and development
(a) In general
The Secretary is authorized to carry out basic,
applied, and advanced research activities as re-
quired to aid in the planning, design, construc-
tion, operation, and maintenance of water re-
sources development projects and to support the
missions and authorities of the Corps of Engi-
neers.
(b) Testing and application
In carrying out subsection (a), the Secretary
is authorized to test and apply technology,
tools, techniques, and materials developed pur-
suant to such subsection, including the testing
and application of such technology, tools, tech-
niques, and materials at authorized water re-
sources development projects, in consultation
with the non-Federal interests for such projects.
(c) Other transactional authority for prototype
projects
(1) In general
In carrying out subsection (b), the Secretary
is authorized to enter into transactions (other
than contracts, cooperative agreements, or
grants) to carry out prototype projects to sup-
port basic, applied, and advanced research ac-
tivities that are directly relevant to the civil
works missions and authorities of the Corps of
Engineers.
(2) Follow-on production transactions
A transaction entered into under paragraph
(1) for a prototype project may provide for the
award of a follow-on production contract or
transaction to the participants in the trans-
action in accordance with the requirements of
section 4022 of title 10.
(3) Guidance
Prior to entering into the first transaction
under this subsection, the Secretary shall
issue guidance for entering into transactions
under this subsection (including guidance for
follow-on production contracts or transactions
under paragraph (2)).
(4) Conditions
In carrying out this subsection, the Sec-
retary shall ensure that—
(A) competitive procedures are used to the
maximum extent practicable to award each
transaction; and
(B) at least one of the following conditions
is met with respect to each transaction:
(i) The prototype project includes sig-
nificant participation by at least one non-
profit research institution or nontradi-
tional defense contractor, as that term is
defined in section 3014 of title 10.
(ii) All significant participants in the
transaction other than the Federal Gov-
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Federal law — U.S. Code and appendices · legal_authorities
Erosion, floodwater, and sediment damages in the watersheds of the rivers and streams of the United States, causing loss of life and damage to property, constitute a menace to the national welfare; and it is the sense of Congress that the Federal Government should cooperate with States and their political subdivisions, soil or water conservation districts, flood prevention or control districts, and other local public agencies for the purpose of preventing such damages, of furthering the conservation, development, utilization, and disposal of water, and the conservation and utilization of land and thereby of preserving, protecting, and improving the Nation’s land and water resources and the quality of the environment.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1001
Stored review status: release_metadata_unconfirmed. The source passage cites 16 U.S.C. § 1001. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 1587
TITLE 16—CONSERVATION
§ 1001
CHAPTER 17—NORTHWEST ATLANTIC
FISHERIES
§§ 981 to 991. Repealed. Pub. L. 95–6, § 4, Feb. 21,
1977, 91 Stat. 16
Section 981, acts Sept. 27, 1950, ch. 1054, § 2, 64 Stat.
1067; July 24, 1968, Pub. L. 90–420, § 1(a) to (c), 82 Stat.
419; Aug. 11, 1971, Pub. L. 92–87, §§ 101 to 103, 85 Stat. 310;
July 10, 1974, Pub. L. 93–339, § 1(a), 88 Stat. 293, covered
definitions of ‘‘convention’’, ‘‘Commission’’, ‘‘person’’,
‘‘vessel’’, ‘‘fishing gear’’, ‘‘fishing’’, ‘‘fish’’, ‘‘inter-
national measures of control’’, and ‘‘national measures
of control’’.
Section 982, acts Sept. 27, 1950, ch. 1054, § 3, 64 Stat.
1068; Aug. 11, 1971, Pub. L. 92–87, § 111(a), (b), 85 Stat. 313,
related to appointment and compensation of Commis-
sioners for the International Commission for the
Northwest Atlantic Fisheries.
Section 983, acts Sept. 27, 1950, ch. 1054, § 4, 64 Stat.
1068; July 24, 1968, Pub. L. 90–420, § 1(d), 82 Stat. 419;
July 10, 1974, Pub. L. 93–339, § 1(b), (c), (g), 88 Stat. 293,
provided for appointment, compensation, and travel ex-
penses of an advisory committee.
Section 984, acts Sept. 27, 1950, ch. 1054, § 5, 64 Stat.
1068; Aug. 11, 1971, Pub. L. 92–87, § 111(c), 85 Stat. 313,
deemed service of a United States Commissioner or
member of the advisory committee as service as a spe-
cial government employee of the United States, as de-
fined in section 202 of Title 18.
Section 985, acts Sept. 27, 1950, ch. 1054, § 6, 64 Stat.
1069; Aug. 11, 1971, Pub. L. 92–87, §§ 104, 105, 85 Stat. 310,
311, authorized Secretary of State to receive on behalf
of the United States reports, requests, recommenda-
tions, and other communications of the Commission,
and to act thereon.
Section 986, acts Sept. 27, 1950, ch. 1054, § 7, 64 Stat.
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1001
Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 1001. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Determination of need** The Secretary is authorized to review water resources projects constructed by the Secretary to determine the need for modifications in the structures and operations of such projects for the purpose of—
(1) improving the quality of the environment in the public interest and to determine if the operation of such projects has contributed to the degradation of the quality of the environment; or
(2) providing drought resiliency.
**(b) Authority to make modifications** The Secretary is authorized to carry out a program for the purpose of making such modifications in the structures and operations of water resources projects constructed by the Secretary which the Secretary determines (1) are feasible and consistent with the authorized project purposes, and (2) will provide for drought resilience or will improve the quality of the environment in the public interest.
**(c) Restoration of environmental quality**
(1) **In general** — If the Secretary determines that construction of a water resources project by the Secretary or operation of a water resources project constructed by the Secretary has contributed to the degradation of the quality of the environment, the Secretary may undertake measures for restoration of environmental quality and measures for enhancement of environmental quality that are associated with the restoration, through modifications either at the project site or at other locations that have been affected by the construction or operation of the project, if such measures do not conflict with the authorized project purposes.
(2) **Control of sea lamprey** — Congress finds that—
(A) the Great Lakes navigation system has been instrumental in the spread of sea lamprey and the associated impacts on its fishery; and
(B) the us
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2312
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.