1. U.S. Code
  2. title 33
  3. chapter 36
  4. subchapter IV
  5. § 2265

Collapse to view only § 2265. Columbia River/Arkansas River Basin transfers

§ 2261. Territories development study

The Secretary is hereby authorized and directed to make studies in cooperation with the Secretary of the Interior and the governments of the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands for the purposes of providing plans for the development, utilization, and conservation of water and related land resources of such jurisdiction, at a total cost of $2,000,000 for each of the five studies. Such studies shall include appropriate consideration of the needs for flood protection, wise use of flood plain lands, navigation facilities, hydroelectric power generation, regional water supply and waste water management facilities systems, general recreation facilities, enhancement and control of water quality, enhancement and conservation of fish and wildlife, and other measures for environmental enhancement, economic and human resources development. Such studies shall be compatible with comprehensive development plans formulated by local planning agencies and other interested Federal agencies. Any funds made available under this section for a study for any such jurisdiction which is not needed for such study shall be available to the Secretary to construct authorized water resources projects in such jurisdiction and to implement the findings of such study with appropriate cost sharing as provided in this Act.

(Pub. L. 99–662, title VII, § 702, Nov. 17, 1986, 100 Stat. 4156.)

CITE AS: 33 USC 2261

§ 2262. Survey of potential for use of certain facilities as hydroelectric facilities
(a) Survey authority
(b) Authorization of appropriations
(Pub. L. 99–662, title VII, § 703, Nov. 17, 1986, 100 Stat. 4156.)

CITE AS: 33 USC 2262

§ 2263. Study of Corps capability to conserve fish and wildlife
(a) Investigation and study
(b) Projects
(1) In general
(2) InclusionsSuch projects shall be developed, and their effectiveness evaluated, in consultation with the Director of the Fish and Wildlife Service and the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration. Such projects shall include—
(A) the construction of a reef for fish habitat in Lake Erie in the vicinity of Buffalo, New York;
(B) the construction of a reef for fish habitat in the Atlantic Ocean in the vicinity of Fort Lauderdale, Florida;
(C) the construction of a reef for fish habitat in Lake Ontario in the vicinity of the town of Newfane, New York; and
(D) the restoration and rehabilitation of habitat for fish, including native oysters, in the Chesapeake Bay and its tributaries in Virginia and Maryland, including—
(i) the construction of oyster bars and reefs;
(ii) the rehabilitation of existing marginal habitat;
(iii) the use of appropriate alternative substrate material in oyster bar and reef construction;
(iv) the construction and upgrading of oyster hatcheries; and
(v) activities relating to increasing the output of native oyster broodstock for seeding and monitoring of restored sites to ensure ecological success.
(3) Restoration and rehabilitation activitiesThe restoration and rehabilitation activities described in paragraph (2)(D) shall be—
(A) for the purpose of establishing permanent sanctuaries and harvest management areas; and
(B) consistent with plans and strategies for guiding the restoration of the Chesapeake Bay oyster resource and fishery.
(4) Cost sharing
(A) In general
(B) FormThe non-Federal share may be provided through in-kind services, including—
(i) the provision by the non-Federal interest of shell stock material that is determined by the Secretary to be suitable for use in carrying out the project; and
(ii) in the case of a project carried out under paragraph (2)(D) after June 10, 2014, land conservation or restoration efforts undertaken by the non-Federal interest that the Secretary determines provide water quality benefits that—(I) enhance the viability of oyster restoration efforts;(II) are integral to the project; and(III) are cost effective.
(C) Applicability
(5) Definition of ecological successIn this subsection, the term “ecological success” means—
(A) achieving a tenfold increase in native oyster biomass by the year 2010, from a 1994 baseline; and
(B) the establishment of a sustainable fishery as determined by a broad scientific and economic consensus.
In carrying out paragraph (4),1
1 See References in Text note below.
the Chief of Engineers may solicit participation by and the services of commercial watermen in the construction of the reefs.
(Pub. L. 99–662, title VII, § 704, Nov. 17, 1986, 100 Stat. 4157; Pub. L. 104–303, title V, § 505, Oct. 12, 1996, 110 Stat. 3757; Pub. L. 106–541, title III, § 342, Dec. 11, 2000, 114 Stat. 2612; Pub. L. 107–66, title I, § 113, Nov. 12, 2001, 115 Stat. 496; Pub. L. 109–103, title I, § 126, Nov. 19, 2005, 119 Stat. 2259; Pub. L. 110–114, title V, § 5021, Nov. 8, 2007, 121 Stat. 1202; Pub. L. 113–121, title IV, § 4010(b), June 10, 2014, 128 Stat. 1318; Pub. L. 114–322, title I, § 1180, Dec. 16, 2016, 130 Stat. 1677.)

CITE AS: 33 USC 2263

§ 2263a. Aquatic invasive species research
(a) In general
(b) Locations
(c) Report
(Pub. L. 115–270, title I, § 1108, Oct. 23, 2018, 132 Stat. 3774; Pub. L. 116–260, div. AA, title V, § 502, Dec. 27, 2020, 134 Stat. 2744; Pub. L. 117–263, div. H, title LXXXI, § 8305(a), Dec. 23, 2022, 136 Stat. 3778.)

CITE AS: 33 USC 2263a

§ 2264. Repealed. Pub. L. 116–260, div. AA, title III, § 360(a), Dec. 27, 2020, 134 Stat. 2732

CITE AS: 33 USC 2264

§ 2265. Columbia River/Arkansas River Basin transfers
(a) No Federal agency shall study or participate in the study of any regional or river basin plan or any plan for any Federal water and related land resource project which has as its objective the transfer of water from the Columbia River Basin to any other region or any other major river basin of the United States, unless such study is approved by the Governors of all affected States.
(b) For a period of 5 years after November 17, 1986, no Federal agency shall study or participate in the study of any regional or river basin plan or any plan for any Federal water and related land resource project which has as its objective the transfer of water from the Arkansas River Basin to any other region or any other major river basin of the United States, unless such study is approved by the Governors of all affected States.
(Pub. L. 99–662, title VII, § 715, Nov. 17, 1986, 100 Stat. 4161.)

CITE AS: 33 USC 2265

§ 2266. Canadian tidal power study
(a) Study authority
(b) Study phases
The Secretary shall conduct the studies authorized 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 impacts 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 environmental, 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 development on the United States.
(c) Authorization of appropriations
(Pub. L. 99–662, title VII, § 724, Nov. 17, 1986, 100 Stat. 4163.)

CITE AS: 33 USC 2266

§ 2267. New York Bight study
(a) Study authority
(b) Study of physical hydraulic model
(c) Agency coordination; findings and recommendations
(d) Authorization of appropriations
(Pub. L. 99–662, title VII, § 728, Nov. 17, 1986, 100 Stat. 4164.)

CITE AS: 33 USC 2267

§ 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
(d) Priority river basins and watersheds
In selecting river basins and watersheds for assessment 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 Missouri;
(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, Hackensack, and Bronx River Watersheds and the Hudson River Estuary;
(12) Mississippi River Watershed; and
(13) Chattahoochee River Basin, Alabama, Florida, and Georgia.
(e) Acceptance of contributions
(f) Cost-sharing requirements
(1) Non-Federal share
(2) Credit
(A) In general
(B) Maximum amount of credit
(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.)

CITE AS: 33 USC 2267a

§ 2267b. Post-disaster watershed assessments
(a) Watershed assessments
(1) In general
(2) Existing projects
(3) Duplicate watershed assessments
(b) Projects
(1) In general
The Secretary may carry out projects identified under a watershed assessment under subsection (a) in accordance with the criteria for projects carried out under one of the following authorities:
(A) Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s).
(B) Section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i).
(C) Section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330).
(D) Section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a).
(E) Section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577).
(F)Section 3 of the Act of August 13, 1946 (33 U.S.C. 426g).
(2) Annual plan
(3) Existing projects
In carrying out a project under paragraph (1), the Secretary shall—
(A) to the maximum extent practicable, use all existing information and studies available for the project; and
(B) not require any element of a study completed for the project prior to the disaster to be repeated.
(c) Requirements
(d) Limitations on assessments
(e) Assessments in territories of the United States
(1) In general
(2) Territory defined
(Pub. L. 113–121, title III, § 3025, June 10, 2014, 128 Stat. 1303; Pub. L. 115–270, title I, § 1139, Oct. 23, 2018, 132 Stat. 3784.)

CITE AS: 33 USC 2267b

§ 2268. Marine technology review
(a) Dredging needs
(b) Authorization of appropriations
(Pub. L. 102–580, title IV, § 402, Oct. 31, 1992, 106 Stat. 4862.)

CITE AS: 33 USC 2268

§ 2269. Tribal partnership program
(a) Definition of Indian tribe
(b) Program
(1) In generalIn cooperation with Indian tribes and the heads of other Federal agencies, the Secretary may carry out water-related planning activities, or activities relating to the study, design, and construction of water resources development projects, that—
(A) will substantially benefit Indian tribes; and
(B) are located primarily within Indian country (as defined in section 1151 of title 18, and including lands that are within the jurisdictional area of an Oklahoma Indian tribe, as determined by the Secretary of the Interior, and are recognized by the Secretary of the Interior as eligible for trust land status under part 151 of title 25, Code of Federal Regulations) or in proximity to Alaska Native villages.
(2) Authorized activitiesAn activity conducted under paragraph (1) may address—
(A) projects for flood 1
1 So in original. Probably should be followed by “or”.
hurricane and storm damage reduction, including erosion control, environmental restoration and protection, and preservation of cultural and natural resources;
(B) watershed assessments and planning activities;
(C) technical assistance to an Indian tribe, including—
(i) assistance for planning to ameliorate flood hazards, to avoid repetitive flood impacts, to anticipate, prepare, and adapt to changing hydrological and climatic conditions and extreme weather events, and to withstand, respond to, and recover rapidly from disruption due to flood hazards; and
(ii) the provision of, and integration into planning of, hydrologic, economic, and environmental data and analyses; and
(D) such other projects as the Secretary, in cooperation with Indian tribes and the heads of other Federal agencies, determines to be appropriate.
(3) Feasibility study and reports
(A) In general
(B) Recommendation
(C) Initial costs
(4) Design and construction
(A) In general
(B) Specific authorization
(5) Project justificationNotwithstanding any requirement for economic justification established under section 1962–2 of title 42, the Secretary may implement a project (other than a project for ecosystem restoration) under this section if the Secretary determines that the project will—
(A) significantly reduce potential flood or hurricane and storm damage hazards (which may be limited to hazards that may be addressed by measures for erosion mitigation or bank stabilization);
(B) improve the quality of the environment;
(C) reduce risks to life safety associated with the hazards described in subparagraph (A); and
(D) improve the long-term viability of the community.
(c) Consultation and coordination with Secretary of the Interior
(1) In general
(2) Integration of activitiesThe Secretary shall—
(A) integrate civil works activities of the Department of the Army with activities of the Department of the Interior to avoid conflicts, duplications of effort, or unanticipated adverse effects on Indian tribes; and
(B) consider the authorities and programs of the Department of the Interior and other Federal agencies in any recommendations concerning an activity conducted under subsection (b).
(d) Cost sharing
(1) Ability to pay
(A) In general
(B) Use of procedures
(i) In general
(ii) Determination
(2) Credit
(3) Sovereign immunity
(4) Water resources development projects
(A) In general
(B) Other costs
(5) Water-related planning activities
(A) In general
(B) Other costs
(6) Technical assistance
(e) Restrictions
(Pub. L. 106–541, title II, § 203, Dec. 11, 2000, 114 Stat. 2588; Pub. L. 110–114, title II, § 2011, Nov. 8, 2007, 121 Stat. 1074; Pub. L. 113–121, title I, § 1031(a), June 10, 2014, 128 Stat. 1232; Pub. L. 114–322, title I, § 1121, Dec. 16, 2016, 130 Stat. 1644; Pub. L. 115–270, title I, § 1157(i), Oct. 23, 2018, 132 Stat. 3794; Pub. L. 116–260, div. AA, title III, § 303, Dec. 27, 2020, 134 Stat. 2703; Pub. L. 117–263, div. H, title LXXXI, § 8111, Dec. 23, 2022, 136 Stat. 3703.)

CITE AS: 33 USC 2269

§ 2270. Subsurface drain systems research and development
Subject to the availability of appropriations, the Secretary, acting through the Director of the Engineer Research and Development Center and, where appropriate, in consultation with other Federal agencies, shall carry out research and development activities relating to the use of subsurface drain systems as—
(1) a flood risk-reduction measure; or
(2) a coastal storm risk-reduction measure.
(Pub. L. 116–260, div. AA, title II, § 227, Dec. 27, 2020, 134 Stat. 2698.)

CITE AS: 33 USC 2270