1. U.S. Code
  2. title 42
  3. chapter 19B
  4. subchapter IV
  5. § 1962d-5e

Collapse to view only § 1962d-5e. Wetland areas

§ 1962d. Authorization of appropriations to the Water Resources Council
There are authorized to be appropriated to the Water Resources Council:
(a) Limitation for single river basin commission
(b) Limitation on the expenses of the Water Resources Council
(c) Limitation on availability of funds for preparation of certain studies and for assessments and plans
(Pub. L. 89–80, title IV, § 401, July 22, 1965, 79 Stat. 253; Pub. L. 90–547, Oct. 2, 1968, 82 Stat. 935; Pub. L. 92–27, June 17, 1971, 85 Stat. 77; Pub. L. 92–396, Aug. 20, 1972, 86 Stat. 578; Pub. L. 93–55, July 1, 1973, 87 Stat. 140; Pub. L. 94–112, § 1(e), Oct. 16, 1975, 89 Stat. 575; Pub. L. 94–285, § 1, May 12, 1976, 90 Stat. 516; Pub. L. 95–41, § 1, June 6, 1977, 91 Stat. 209; Pub. L. 95–404, § 1(a)–(c), Sept. 30, 1978, 92 Stat. 864.)

CITE AS: 42 USC 1962d

§ 1962d–1. Rules and regulations

The Council is authorized to make such rules and regulations as it may deem necessary or appropriate for carrying out those provisions of this chapter which are administered by it.

(Pub. L. 89–80, title IV, § 402, July 22, 1965, 79 Stat. 254.)

CITE AS: 42 USC 1962d-1

§ 1962d–2. Delegation of functions

The Council is authorized to delegate to any member or employee of the Council its administrative functions under section 1962a–4 of this title and the detailed administration of the grant program under subchapter III.

(Pub. L. 89–80, title IV, § 403, July 22, 1965, 79 Stat. 254.)

CITE AS: 42 USC 1962d-2

§ 1962d–3. Utilization of personnel

The Council may, with the consent of the head of any other department or agency of the United States, utilize such officers and employees of such agency on a reimbursable basis as are necessary to carry out the provisions of this chapter.

(Pub. L. 89–80, title IV, § 404, July 22, 1965, 79 Stat. 254.)

CITE AS: 42 USC 1962d-3

§ 1962d–4. Northeastern United States water supply
(a) Plans for Federal construction, operation, and maintenance of reservoir system within certain river basins and conveyance and purification facilities through cooperation of Secretary of the Army and government agencies; financial participation of States
(b) Construction, operation, and maintenance of reservoirs and conveyance and purification facilities
(c) Reservoirs as components of river basin and water supply plans
(Pub. L. 89–298, title I, § 101, Oct. 27, 1965, 79 Stat. 1073.)

CITE AS: 42 USC 1962d-4

§ 1962d–5. Water resources development projects involving navigation, flood control, and shore protection
(a) Construction, operation, and maintenance; limitation on estimated Federal first cost of construction; Congressional committee approval of projects; reports to Congress
(b) Local cooperation requirements based on certain estimated Federal first cost of construction
(Pub. L. 89–298, title II, § 201, Oct. 27, 1965, 79 Stat. 1073; Pub. L. 94–587, § 131, Oct. 22, 1976, 90 Stat. 2928; Pub. L. 103–437, § 15(d), Nov. 2, 1994, 108 Stat. 4592.)

CITE AS: 42 USC 1962d-5

§ 1962d–5a. Reimbursement to States
(a) Combination of reimbursement of installation costs and reduction in contributions; single project limitation
(b) Agreement provisions; termination of agreement for failure to commence work
(c) Certification of performance
(d) Beach erosion control projects
(e) Prohibition of construction for Federal assumption of responsibilities of non-Federal bodies or for Federal liability for unnecessary or inapplicable project work of such bodies
(f) Allotment limitation for any fiscal year; specific project reimbursement authorizations
(Pub. L. 90–483, title II, § 215, Aug. 13, 1968, 82 Stat. 747; Pub. L. 99–662, title IX, § 913, Nov. 17, 1986, 100 Stat. 4190; Pub. L. 100–676, § 12, Nov. 17, 1988, 102 Stat. 4025; Pub. L. 104–303, title II, § 224(a), Oct. 12, 1996, 110 Stat. 3697; Pub. L. 110–161, div. C, title I, § 116, Dec. 26, 2007, 121 Stat. 1945.)

CITE AS: 42 USC 1962d-5a

§ 1962d–5b. Written agreement requirement for water resources projects
(a) Cooperation of non-Federal interest
(1) In general
(2) Liquidated damages
(3) Obligation of future appropriations
(4) Credit for in-kind contributions
(A) In general
A partnership agreement described in paragraph (1) may provide with respect to a project that the Secretary shall credit toward the non-Federal share of the cost of the project, including a project implemented without specific authorization in law or a project under an environmental infrastructure assistance program, the value of in-kind contributions made by the non-Federal interest, including—
(i) the costs of planning (including data collection), design, management, mitigation, construction, and construction services that are provided by the non-Federal interest for implementation of the project;
(ii) the value of materials or services provided before execution of the partnership agreement, including efforts on constructed elements incorporated into the project; and
(iii) the value of materials and services provided after execution of the partnership agreement.
(B) Condition
(C) Work performed before partnership agreement
(i) Construction(I) In general(II) Eligibility
(ii) Planning(I) In general(II) Eligibility
(D) Limitations
Credit authorized under this paragraph for a project—
(i) shall not exceed the non-Federal share of the cost of the project;
(ii) shall not alter any other requirement that a non-Federal interest provide lands, easements, relocations, rights-of-way, or areas for disposal of dredged material for the project;
(iii) shall not alter any requirement that a non-Federal interest pay a portion of the costs of construction of the project under sections 2211(a)(2) and 2213(a)(1)(A) of title 33; and
(iv) shall not exceed the actual and reasonable costs of the materials, services, or other things provided by the non-Federal interest, as determined by the Secretary.
(E) Analysis of costs and benefits
(F) Transfer of credit between separable elements of a project
(G) Application of credit
(i) In general
(ii) Priority
(H) Applicability
(i) In general
(ii) Authorization as addition to other authorizations
(b) Definition of non-Federal interest
The term “non-Federal interest” means—
(1) a legally constituted public body (including an Indian tribe and a tribal organization (as those terms are defined in section 5304 of title 25)); or
(2) a nonprofit entity with the consent of the affected local government,
that has full authority and capability to perform the terms of its agreement and to pay damages, if necessary, in the event of failure to perform.
(c) Enforcement; jurisdiction
(d) Nonperformance of terms of agreement by non-Federal interest; notice; reasonable opportunity for performance; performance by Chief of Engineers
(e) Delegation of authority
Not later than June 30, 2008, the Secretary shall issue policies and guidelines for partnership agreements that delegate to the district engineers, at a minimum—
(1) the authority to approve any policy in a partnership agreement that has appeared in an agreement previously approved by the Secretary;
(2) the authority to approve any policy in a partnership agreement the specific terms of which are dictated by law or by a final feasibility study, final environmental impact statement, or other final decision document for a water resources project;
(3) the authority to approve any partnership agreement that complies with the policies and guidelines issued by the Secretary; and
(4) the authority to sign any partnership agreement for any water resources project unless, within 30 days of the date of authorization of the project, the Secretary notifies the district engineer in which the project will be carried out that the Secretary wishes to retain the prerogative to sign the partnership agreement for that project.
(f) Report to Congress
Not later than 2 years after November 8, 2007, and every year thereafter, the Secretary shall submit to Congress a report detailing the following:
(1) The number of partnership agreements signed by district engineers and the number of partnership agreements signed by the Secretary.
(2) For any partnership agreement signed by the Secretary, an explanation of why delegation to the district engineer was not appropriate.
(g) Public availability
Not later than 120 days after November 8, 2007, the Chief of Engineers shall—
(1) ensure that each district engineer has made available to the public, including on the Internet, all partnership agreements entered into under this section within the preceding 10 years and all partnership agreements for water resources projects currently being carried out in that district; and
(2) make each partnership agreement entered into after November 8, 2007, available to the public, including on the Internet, not later than 7 days after the date on which such agreement is entered into.
(h) Effective date
(Pub. L. 91–611, title II, § 221, Dec. 31, 1970, 84 Stat. 1831; Pub. L. 92–222, § 4, Dec. 23, 1971, 85 Stat. 799; Pub. L. 99–662, title IX, § 912(a), Nov. 17, 1986, 100 Stat. 4189; Pub. L. 104–106, div. A, title X, § 1064(d), Feb. 10, 1996, 110 Stat. 445; Pub. L. 104–303, title II, § 220, Oct. 12, 1996, 110 Stat. 3696; Pub. L. 106–541, title II, § 201, Dec. 11, 2000, 114 Stat. 2587; Pub. L. 110–114, title II, § 2003(a)–(c), Nov. 8, 2007, 121 Stat. 1067, 1069; Pub. L. 113–121, title I, § 1018(a), June 10, 2014, 128 Stat. 1224; Pub. L. 114–322, title I, § 1131, Dec. 16, 2016, 130 Stat. 1653; Pub. L. 115–270, title I, § 1155(b), Oct. 23, 2018, 132 Stat. 3793.)

CITE AS: 42 USC 1962d-5b

§ 1962d–5c. Non-Federal public bodies, installment construction payments
(a) Annual installments during period of construction in absence of other provision for extended repayment
(b) Cost sharing; modification
(Pub. L. 93–251, title I, § 40, Mar. 7, 1974, 88 Stat. 23.)

CITE AS: 42 USC 1962d-5c

§ 1962d–5d. Authorization of Secretary of the Army to contract with States and political subdivisions for increased law enforcement services during peak visitation periods; authorization of appropriations
(a) The Secretary of the Army, acting through the Chief of Engineers, is authorized to contract with States and their political subdivisions for the purpose of obtaining increased law enforcement services at water resources development projects under the jurisdiction of the Secretary of the Army to meet needs during peak visitation periods.
(b) There is authorized to be appropriated $10,000,000 per fiscal year for each fiscal year beginning after September 30, 1986, to carry out this section.
(Pub. L. 94–587, § 120, Oct. 22, 1976, 90 Stat. 2924; Pub. L. 99–662, title IX, § 920, Nov. 17, 1986, 100 Stat. 4193.)

CITE AS: 42 USC 1962d-5d

§ 1962d–5e. Wetland areas
(a) Authorization of Secretary of the Army to plan and establish wetland areas; criteria for establishment
The Secretary of the Army, acting through the Chief of Engineers, is authorized to plan and establish wetland areas as part of an authorized water resources development project under his jurisdiction. Establishment of any wetland area in connection with the dredging required for such a water resources development project may be undertaken in any case where the Chief of Engineers in his judgment finds that—
(1) environmental, economic, and social benefits of the wetland area justifies the increased cost thereof above the cost required for alternative methods of disposing of dredged material for such project; and
(2) the increased cost of such wetland area will not exceed $400,000; and
(3) there is reasonable evidence that the wetland area to be established will not be substantially altered or destroyed by natural or man-made causes.
(b) Reports to Congress
(c) Cost
(Pub. L. 94–587, § 150, Oct. 22, 1976, 90 Stat. 2931.)

CITE AS: 42 USC 1962d-5e

§ 1962d–5f. Beach nourishment
(a) In general
(b) Review
(1) In general
(2) Timing
(c) Plan for reducing risk to people and property
(1) In general
(2) Inclusion of plan in recommendation to Congress
(d) Report to Congress
Upon completion of the review described in subsection (b), the Secretary shall—
(1) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives any recommendations of the Secretary related to the review; and
(2) include in the subsequent annual report to Congress required under section 2282d of title 33, any recommendations that require specific congressional authorization.
(e) Special rule
(Pub. L. 94–587, § 156, Oct. 22, 1976, 90 Stat. 2933; Pub. L. 99–662, title IX, § 934, Nov. 17, 1986, 100 Stat. 4197; Pub. L. 113–121, title I, § 1037(a), June 10, 2014, 128 Stat. 1235; Pub. L. 114–322, title I, § 1122(j), Dec. 16, 2016, 130 Stat. 1647; Pub. L. 115–270, title I, § 1158, Oct. 23, 2018, 132 Stat. 3794; Pub. L. 117–263, div. H, title LXXXI, § 8129(a), Dec. 23, 2022, 136 Stat. 3717.)

CITE AS: 42 USC 1962d-5f

§ 1962d–5g. Hydroelectric power resources
(a) Study; plan
The Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to conduct a study of the most efficient methods of utilizing the hydroelectric power resources at water resource development projects under the jurisdiction of the Secretary of the Army and to prepare a plan based upon the findings of such study. Such study shall include, but not be limited to, an analysis of—
(1) the physical potential for hydroelectric development, giving consideration to the economic, social, environmental and institutional factors which will affect the realization of physical potential;
(2) the magnitude and regional distribution of needs for hydroelectric power;
(3) the integration of hydroelectric power generation with generation from other types of generating facilities;
(4) measures necessary to assure that generation from hydroelectric projects will efficiently contribute to meeting the national electric energy demands;
(5) the timing of hydroelectric development to properly coincide with changes in the demand for electric energy;
(6) conventional hydroelectric potential, both high head and low head projects utilizing run-of-rivers and possible advances in mechanical technology, and pumped storage hydroelectric potential at sites which evidence such potential;
(7) the feasibility of adding or reallocating storage and modifying operation rules to increase power production at corps projects with existing hydroelectric installations;
(8) measures deemed necessary or desirable to insure that the potential contribution of hydroelectric resources to the overall electric energy supply are realized to the maximum extent possible; and
(9) any other pertinent factors necessary to evaluate the development and operation of hydroelectric projects of the Corps of Engineers.
(b) Transmittal of plan to Congressional committees
(c) Authorization of appropriation
(d) Feasibility studies of specific hydroelectric power installations; authorization of appropriations
(Pub. L. 94–587, § 167, Oct. 22, 1976, 90 Stat. 2935; Pub. L. 103–437, § 15(e)(1), Nov. 2, 1994, 108 Stat. 4592.)

CITE AS: 42 USC 1962d-5g

§ 1962d–6. Feasibility studies; acceleration; advancement of costs by non-Federal sources

The Secretary may accelerate feasibility studies authorized by law when and to the extent that the costs of such studies shall have been advanced by non-Federal sources.

(Pub. L. 89–561, § 5, Sept. 7, 1966, 80 Stat. 714.)

CITE AS: 42 USC 1962d-6

§ 1962d–7. Delmarva Peninsula hydrologic study; duties of Secretary of the Interior
The Secretary of the Interior (hereinafter referred to as the “Secretary”) is authorized and directed to make a comprehensive study and investigation of the water resources of the Delmarva Peninsula with a view to determining the availability of fresh water supplies needed to meet the anticipated future water requirements of the Delmarva Peninsula area, and with a view to determining the most effective means from the standpoint of hydrologic feasibility of protecting and developing fresh water sources so as to insure, insofar as practicable, the availability of adequate water supplies in the future. In carrying out such study and investigation with respect to the Delmarva Peninsula, the Secretary shall—
(1) appraise the water use, requirements, and trends, and determine the availability of water in the streams and underground sources for the entire peninsula;
(2) determine the depths, thicknesses, and permeabilities, the perennial yield, and the recharge characteristics of major aquifers, and the quality characteristics to be expected from each such major aquifer;
(3) determine with respect to ground water resources the continuity and extent of important water-bearing formations;
(4) determine the yield from stream systems under natural flow conditions and under varying degrees of storage and the amounts and quality of waters available from such systems during drought, flood, and intermediate conditions;
(5) determine whether sea water has moved inland into heavily pumped coastal aquifers;
(6) give special consideration to conditions which may invite the invasion of sea water into fresh-water supplies;
(7) compile and make available to appropriate State and local officials any results of this study and investigation that would be appropriate for their use in long-range planning, development, and management of water supplies;
(8) cooperate with State and local agencies for the purpose of using any information and data available to carry out the purposes of this study; and
(9) consider such other matters as the Secretary may deem appropriate to the study and investigation herein authorized.
(Pub. L. 89–618, § 1, Oct. 4, 1966, 80 Stat. 870.)

CITE AS: 42 USC 1962d-7

§ 1962d–8. Reports on Delmarva Peninsula hydrologic study

During the course of the study and investigation authorized by sections 1962d–7 to 1962d–11 of this title, the Secretary may submit to the President for transmission to the Congress such interim reports as the Secretary may consider desirable. The Secretary shall submit a final report to the President for transmission to the Congress not more than six years after October 4, 1966.

(Pub. L. 89–618, § 2, Oct. 4, 1966, 80 Stat. 870.)

CITE AS: 42 USC 1962d-8

§ 1962d–9. Information from Federal agencies for Delmarva Peninsula study

The Secretary is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government, information, suggestions, estimates, and statistics for the purpose of sections 1962d–7 to 1962d–11 of this title, and each department, bureau, agency, board, commission, office, independent establishment, or instrumentality is authorized and directed to furnish such information, suggestions, estimates, and statistics, to the Secretary upon his or his designee’s request.

(Pub. L. 89–618, § 3, Oct. 4, 1966, 80 Stat. 870.)

CITE AS: 42 USC 1962d-9

§ 1962d–10. Cooperation with agencies on Delmarva Peninsula study

In carrying out the study and investigation authorized by sections 1962d–7 to 1962d–11 of this title, the Secretary is authorized to cooperate with other Federal, State, and local agencies now engaged in comprehensive planning for water resource use and development in the Delmarva Peninsula area by making available to those agencies his findings and to cooperate with those agencies in the Northeastern United States Water Supply Study as authorized by section 1962d–4 of this title.

(Pub. L. 89–618, § 4, Oct. 4, 1966, 80 Stat. 871.)

CITE AS: 42 USC 1962d-10

§ 1962d–11. Authorization of appropriation for Delmarva Peninsula study

There is hereby authorized to be appropriated the sum of $500,000 to carry out the provisions of sections 1962d–7 to 1962d–11 of this title: Provided, That nothing in such sections shall prevent the expenditure of other funds appropriated to the United States Geological Survey for studies and activities performed under its general authority.

(Pub. L. 89–618, § 5, Oct. 4, 1966, 80 Stat. 871; Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 1000.)

CITE AS: 42 USC 1962d-11

§ 1962d–11a. Potomac River water diversion structure
(a) Consent of Congress for construction; written agreement providing schedule for allocation among parties for withdrawal of waters
(1) Subject to paragraph (2) of this subsection, the consent of Congress is granted under section 401 of title 33 to the Washington Suburban Sanitary Commission to construct a water diversion structure, with an elevation not to exceed one hundred and fifty-nine feet above sea level, from the north shore of the Potomac River at the Washington Suburban Sanitary Commission water filtration plant to the north shore of Watkins Island.
(2) The structure authorized by paragraph (1) of this subsection, may not be constructed until the Secretary of the Army, acting through the Chief of Engineers, and the State of Maryland, the Commonwealth of Virginia, the Washington Suburban Sanitary Commission, and such other governmental authorities as the Secretary of the Army, the State of Maryland, and the Commonwealth of Virginia deem desirable signatories enter into a written agreement providing an enforceable schedule for allocation among the parties to such agreement for the withdrawal of the waters of that portion of the Potomac River located between Little Falls Dam and the farthest upstream limit of the pool of water behind the Chesapeake and Ohio Canal Company rubble dam at Seneca, Maryland, during periods of low flow of such portion of such river.
(b) Authorization of Secretary of the Army to enter written agreement; amendments or revisions
(c) Riparian rights or other authority of Maryland, Virginia, political subdivisions; authority of District of Columbia
(Pub. L. 94–587, § 181, Oct. 22, 1976, 90 Stat. 2939; Pub. L. 96–292, § 2, June 28, 1980, 94 Stat. 609.)

CITE AS: 42 USC 1962d-11a

§ 1962d–11b. Dalecarlia Reservoir; delivery of water to metropolitan Maryland; expenses; payments; purchase of water from State or local authorities in Maryland or Virginia
(a) The Secretary, on the recommendation of the Chief of Engineers, is authorized to permit the delivery of water from the District of Columbia water system at the Dalecarlia filtration plant, or at other points on the system, to any competent State or local authority in the Washington, District of Columbia, metropolitan area in Maryland. All of the expense of installing the connection or connections and appurtenances between the water supply systems and any subsequent changes therein shall be paid by the requesting entity, which shall also pay such charges for the use of the water as the Secretary may, from time to time in advance of delivery, determine to be reasonable. Payments shall be made at such time, and pursuant to such regulations, as the Secretary prescribes. The Secretary may revoke any permit for the use of water at any time.
(b) The Secretary is authorized to purchase water from any State or local authority in Maryland or Virginia that has, at the time of purchase, completed a connection with the District of Columbia water system. The Secretary is authorized to pay such charges for the use of the water as the Secretary has agreed upon in advance of delivery.
(Pub. L. 99–662, title XI, § 1111, Nov. 17, 1986, 100 Stat. 4231.)

CITE AS: 42 USC 1962d-11b

§§ 1962d–12 to 1962d–14. Repealed. Pub. L. 104–58, title I, § 104(g)(3), Nov. 28, 1995, 109 Stat. 560

CITE AS: 42 USC 1962d-12 to 1962d-14

§ 1962d–14a. Alaska hydroelectric power development
(a) Congressional findings and declaration
(1) The Congress finds that the expeditious development of hydroelectric power generating facilities in Alaska that are environmentally sound to assist the Nation in meeting existing and future energy demands is in the national interest.
(2) The Congress therefore declares that the expertise of the Chief of Engineers can and should be utilized for the benefit of local public bodies in the development of projects which yield 90 per centum or more of the benefits of the project are attributable to hydroelectric power generation when the project is fully operational.
(b) Establishment of fund; composition
(c) Authorization of appropriation
(d) Investments; deposits
(1) If the Secretary determines that moneys in the fund are in excess of current needs, he may request the investment of such amounts as he deems advisable by the Secretary of the Treasury in direct, general obligations of, or obligations guaranteed as to both principal and interest by, the United States.
(2) With the approval of the Secretary of the Treasury, the Secretary may deposit moneys of the fund in any Federal Reserve bank or other depository for funds of the United States, or in such other banks and financial institutions and under such terms and conditions as the Secretary and the Secretary of the Treasury may mutually agree.
(e)
(f) Authorization to construct projects; expenditures
(g) Agreement with non-Federal public authorities and submittal to Congressional committees, payment of total non-Federal obligations; conditions of United States assumption of excess over costs fixed in agreement, payment subject to appropriations acts
(1) Prior to initiating any construction work under the authorities of this section, the Secretary and the appropriate non-Federal public authorities shall agree in writing, and submit such agreement to the Committees on Environment and Public Works and on Appropriations of the Senate and the Committees on Public Works and Transportation and on Appropriations of the House of Representatives for review and reporting to the Congress for its consideration and approval that the appropriate non-Federal public authorities will pay the full anticipated costs of constructing the project at the time such costs are incurred, together with normal contingencies and related administrative expenses of the Secretary, and such payments shall be deposited in the fund or held by the Secretary for payment of obligations incurred by the Secretary on an authorized project under this section. The agreement shall provide for an initial determination of feasibility and compliance by the project with law. The total non-Federal obligation shall be paid on or prior to the date the Chief of Engineers has estimated by agreement, that the project concerned will be available for actual generation of all or a substantial portion of the authorized hydroelectric power of the project.
(2) In consideration of the obligations to be assumed by non-Federal public authorities under the provisions of this section and in recognition of the substantial investments which will be made by these authorities in reliance on the program established by this section, the United States shall assume the responsibility for paying for all costs over those fixed in the agreement with the non-Federal public authorities, if such costs are occasioned by acts of God, failure on the part of the Secretary, acting through the Chief of Engineers, to adhere to the agreed schedule of work or a failure of design: Provided, That payments by the Secretary of such costs shall be subject to appropriations acts.
(h) Conveyance of title, rights, and interests of United States; Federal requirements, reservations, and provisions
(i) Short title
(Pub. L. 94–587, § 203, Oct. 22, 1976, 90 Stat. 2946; Pub. L. 103–437, § 15(e)(2), Nov. 2, 1994, 108 Stat. 4592.)

CITE AS: 42 USC 1962d-14a

§ 1962d–15. Protection of United States from liability for damages; exception of damages due to fault or negligence of United States

The requirement in any water resources development project under the jurisdiction of the Secretary of the Army, that non-Federal interests hold and save the United States free from damages due to the construction, operation, and maintenance of the project, does not include damages due to the fault or negligence of the United States or its contractors.

(Pub. L. 93–251, title I, § 9, Mar. 7, 1974, 88 Stat. 16.)

CITE AS: 42 USC 1962d-15

§ 1962d–16. Comprehensive plans for development, utilization, and conservation of water and related resources
(a) Federal State cooperation
(1) Comprehensive plans
(2) Technical assistance
(A) In general
(B) Types of assistance
(3) Institution of higher education
(4) Prioritization
(b) Fees
(1) Establishment and collection
(2) Contributed funds
(3) In-kind services
(4) Deposit and use
(c) Authorization of appropriations
(1) Federal and State cooperation
(2) Technical assistance
(d) Annual submission of proposed activities
(e) “State” defined
(f) Special rule
(1) Tribes and territories
(2) Economically disadvantaged communities
(Pub. L. 93–251, title I, § 22, Mar. 7, 1974, 88 Stat. 20; Pub. L. 94–587, § 168, Oct. 22, 1976, 90 Stat. 2936; Pub. L. 96–597, title VI, § 605, Dec. 24, 1980, 94 Stat. 3482; Pub. L. 99–662, title IX, § 921, Nov. 17, 1986, 100 Stat. 4194; Pub. L. 101–640, title III, § 319, Nov. 28, 1990, 104 Stat. 4642; Pub. L. 102–580, title II, § 208, Oct. 31, 1992, 106 Stat. 4829; Pub. L. 104–303, title II, § 221, Oct. 12, 1996, 110 Stat. 3697; Pub. L. 110–114, title II, § 2013, Nov. 8, 2007, 121 Stat. 1075; Pub. L. 113–121, title III, § 3015, June 10, 2014, 128 Stat. 1288; Pub. L. 114–322, title I, §§ 1128, 1129, Dec. 16, 2016, 130 Stat. 1649; Pub. L. 115–270, title I, § 1159, Oct. 23, 2018, 132 Stat. 3795; Pub. L. 117–263, div. H, title LXXXI, § 8119(a), Dec. 23, 2022, 136 Stat. 3711.)

CITE AS: 42 USC 1962d-16

§ 1962d–17. Regional or river basin plans and Federal water and related land resources projects; preparation, formulation, and evaluation
(a) Interest rate formula for discounting future benefits and cost computations; repeal of conflicting provisions and administrative actions
(b) Interest rate for prior authorized projects assured of non-Federal share of project costs; continuation of rate
(c) Water and related resources projects; Presidential study; scope of study; report to Congress
(Pub. L. 93–251, title I, § 80, Mar. 7, 1974, 88 Stat. 34.)

CITE AS: 42 USC 1962d-17

§ 1962d–18. Study of depletion of natural resources of regions of Colorado, Kansas, New Mexico, Oklahoma, Texas, and Nebraska utilizing Ogallala aquifer; plans; reports to Congress; authorization of appropriation

In order to assure an adequate supply of food to the Nation and to promote the economic vitality of the High Plains Region, the Secretary of Commerce (hereinafter referred to in this section as the “Secretary”), acting through the Economic Development Administration, in cooperation with the Secretary of the Army, acting through the Chief of Engineers, and appropriate Federal, State, and local agencies, and the private sector, is authorized and directed to study the depletion of the natural resources of those regions of the States of Colorado, Kansas, New Mexico, Oklahoma, Texas, and Nebraska presently utilizing the declining water resources of the Ogallala acquifer,1

1 So in original. Probably should be “aquifer,”.
and to develop plans to increase water supplies in the area and report thereon to Congress, together with any recommendations for further congressional action. In formulating these plans, the Secretary is directed to consider all past and ongoing studies, plans, and work on depleted water resources in the region, and to examine the feasibility of various alternatives to provide adequate water supplies in the area including, but not limited to, the transfer of water from adjacent areas, such portion to be conducted by the Chief of Engineers to assure the continued economic growth and vitality of the region. The Secretary shall report on the costs of reasonably available options, the benefits of various options, and the costs of inaction. If water transfer is found to be a part of a reasonable solution, the Secretary, as part of his study, shall include a recommended plan for allocating and distributing water in an equitable fashion, taking into account existing water rights and the needs for future growth of all affected areas. An interim report, with recommendations, shall be transmitted to the Congress no later than October 1, 1978, and a final report, with recommendations, shall be transmitted to Congress not later than July 1, 1980. A sum of $6,000,000 is authorized to be appropriated for the purposes of carrying out this section.

(Pub. L. 94–587, § 193, Oct. 22, 1976, 90 Stat. 2943.)

CITE AS: 42 USC 1962d-18

§ 1962d–19. Cooperation of Secretary of the Interior with State and local regulatory and law enforcement officials in enforcement of laws or ordinances in connection with Federal resource protection, etc., within Federal water resource development project; funding

The Secretary of the Interior, in connection with Federal resource protection and the Federal administration of the use and occupancy of lands and waters within a water resource development project under his jurisdiction, is authorized to cooperate with the regulatory and law enforcement officials of any State or political subdivision thereof in the enforcement of the laws or ordinances of such State or political subdivision. Such cooperation may include the reimbursement of a State or its political subdivision for expenditures incurred in connection with such resource protection and administration. For purposes of complying with section 651 of title 2, the authorization provided under this section is subject to the availability of appropriations.

(Pub. L. 98–552, § 3, Oct. 30, 1984, 98 Stat. 2823.)

CITE AS: 42 USC 1962d-19

§ 1962d–20. Prohibition on Great Lakes diversions
(a) Congressional findings and declarations
The Congress finds and declares that—
(1) the Great Lakes are a most important natural resource to the eight Great Lakes States and two Canadian provinces, providing water supply for domestic and industrial use, clean energy through hydropower production, an efficient transportation mode for moving products into and out of the Great Lakes region, and recreational uses for millions of United States and Canadian citizens;
(2) the Great Lakes need to be carefully managed and protected to meet current and future needs within the Great Lakes basin and Canadian provinces;
(3) any new diversions of Great Lakes water for use outside of the Great Lakes basin will have significant economic and environmental impacts, adversely affecting the use of this resource by the Great Lakes States and Canadian provinces; and
(4) four of the Great Lakes are international waters and are defined as boundary waters in the Boundary Waters Treaty of 1909 between the United States and Canada, and as such any new diversion of Great Lakes water in the United States would affect the relations of the Government of the United States with the Government of Canada.
(b) Congressional declaration of purpose and policy
It is therefore declared to be the purpose and policy of the Congress in this section—
(1) to take immediate action to protect the limited quantity of water available from the Great Lakes system for use by the Great Lakes States and in accordance with the Boundary Waters Treaty of 1909;
(2) to encourage the Great Lakes States, in consultation with the Provinces of Ontario and Quebec, to develop and implement a mechanism that provides a common conservation standard embodying the principles of water conservation and resource improvement for making decisions concerning the withdrawal and use of water from the Great Lakes Basin;
(3) to prohibit any diversion of Great Lakes water by any State, Federal agency, or private entity for use outside the Great Lakes basin unless such diversion is approved by the Governor of each of the Great Lakes States; and
(4) to prohibit any Federal agency from undertaking any studies that would involve the transfer of Great Lakes water for any purpose for use outside the Great Lakes basin.
(c) “Great Lakes State” defined
(d) Approval by Governors for diversion of water
(e) Approval of Governors for diversion studies
(f) Previously authorized diversions
(Pub. L. 99–662, title XI, § 1109, Nov. 17, 1986, 100 Stat. 4230; Pub. L. 106–541, title V, § 504(a), (b), Dec. 11, 2000, 114 Stat. 2644.)

CITE AS: 42 USC 1962d-20

§ 1962d–21. John Glenn Great Lakes basin program
(a) Strategic plans
(1) Study
(2) Report
(A) In general
(B) ContentsThe plan shall include—
(i) details of projects in the Great Lakes region relating to—(I) navigation improvements, maintenance, and operations for commercial and recreational vessels;(II) environmental restoration activities;(III) water level maintenance activities;(IV) technical and planning assistance to States and remedial action planning committees;(V) sediment transport analysis, sediment management planning, and activities to support prevention of excess sediment loadings;(VI) flood damage reduction and shoreline erosion prevention; and(VII) all other relevant activities of the Corps of Engineers; and
(ii) an analysis of factors limiting use of programs and authorities of the Corps of Engineers in existence on August 17, 1999, in the Great Lakes basin, including the need for new or modified authorities.
(3) Authorization of appropriations
(b) Great Lakes biohydrological information
(1) Inventory
(A) In general
(B) Relevant informationFor the purpose of subparagraph (A), relevant information includes information on—
(i) ground and surface water hydrology;
(ii) natural and altered tributary dynamics;
(iii) biological aspects of the system influenced by and influencing water quantity and water movement;
(iv) meteorological projections and the impacts of weather conditions on Great Lakes water levels; and
(v) other Great Lakes biohydrological system data relevant to sustainable water use management.
(2) Report
(A) In generalNot later than 18 months after August 17, 1999, the Secretary, in consultation with the States, Indian tribes, and Federal agencies, and after requesting information from the provinces and the federal government of Canada, shall—
(i) compile the inventories of information;
(ii) analyze the information for consistency and gaps; and
(iii) submit to Congress, the International Joint Commission, and the Great Lakes States a report that includes recommendations on ways to improve the information base on the biohydrological dynamics of the Great Lakes ecosystem as a whole, so as to support environmentally sound decisions regarding diversions and consumptive uses of Great Lakes water.
(B) Recommendations
(C) ConsiderationsIn developing the report under subparagraph (A), the Secretary, in cooperation with the Secretary of State, the Secretary of Transportation, and the heads of other agencies as appropriate, shall consider and report on the status of the issues described and recommendations made in—
(i) the Report of the International Joint Commission to the Governments of the United States and Canada under the 1977 reference issued in 1985; and
(ii) the 1993 Report of the International Joint Commission to the Governments of Canada and the United States on Methods of Alleviating Adverse Consequences of Fluctuating Water Levels in the Great Lakes St. Lawrence Basin.
(c) Great Lakes recreational boating
(d) CooperationIn undertaking activities under this section, the Secretary shall—
(1) encourage public participation; and
(2) cooperate, and, as appropriate, collaborate, with Great Lakes States, tribal governments, and Canadian federal, provincial, and tribal governments.
(e) Water use activities and policies
(f) Cost sharing
(g) In-kind contributions for study
(Pub. L. 106–53, title IV, § 455, Aug. 17, 1999, 113 Stat. 330; Pub. L. 110–114, title IV, § 4001, Nov. 8, 2007, 121 Stat. 1173.)

CITE AS: 42 USC 1962d-21

§ 1962d–22. Great Lakes fishery and ecosystem restoration
(a) Findings
Congress finds that—
(1) the Great Lakes comprise a nationally and internationally significant fishery and ecosystem;
(2) the Great Lakes fishery and ecosystem should be developed and enhanced in a coordinated manner; and
(3) the Great Lakes fishery and ecosystem provides a diversity of opportunities, experiences, and beneficial uses.
(b) Definitions
In this section, the following definitions apply:
(1) Great Lake
(A) In general
(B) Inclusions
(2) Great Lakes Commission
(3) Great Lakes Fishery Commission
(4) Great Lakes State
(c) Great Lakes fishery and ecosystem restoration
(1) Support plan
(A) In general
(B) Use of existing documents
(C) Cooperation
The Secretary shall develop the plan in cooperation with—
(i) the signatories to the Joint Strategic Plan for Management of the Great Lakes Fisheries; and
(ii) other affected interests.
(2) Reconnaissance studies
Before planning, designing, or constructing a project under paragraph (3), the Secretary shall carry out a reconnaissance study—
(A) to identify methods of restoring the fishery, ecosystem, and beneficial uses of the Great Lakes; and
(B) to determine whether planning of a project under paragraph (3) should proceed.
(3) Projects
(4) Evaluation program
(A) In general
(B) Studies
(5) Recreation features
(d) Cooperative agreements
(e) Relationship to other Great Lakes activities
(f) Cost sharing
(1) Development of plan
(2) Project planning, design, construction, and evaluation
(3) Non-Federal share
(A) Credit for land, easements, and rights-of-way
(B) Form
(4) Operation and maintenance
(5) Non-Federal interests
(Pub. L. 106–541, title V, § 506, Dec. 11, 2000, 114 Stat. 2645; Pub. L. 110–114, title V, § 5011, Nov. 8, 2007, 121 Stat. 1194; Pub. L. 114–322, title I, §§ 1123, 1140, Dec. 16, 2016, 130 Stat. 1647, 1658.)

CITE AS: 42 USC 1962d-22