Notes on 33 U.S.C. § 652 : US Code - Notes

Search Notes on 33 U.S.C. § 652 : US Code - Notes

(Pub. L. 99-662, title XI, Sec. 1103, Nov. 17, 1986, 100 Stat.
4225; Pub. L. 101-640, title IV, Sec. 405, Nov. 28, 1990, 104 Stat.
4646; Pub. L. 102-580, title I, Sec. 107, Oct. 31, 1992, 106 Stat.
4815; Pub. L. 106-53, title V, Sec. 509, Aug. 17, 1999, 113 Stat.
339; Pub. L. 106-109, Sec. 2, Nov. 24, 1999, 113 Stat. 1494.)
REFERENCES IN TEXT
Public Law 95-502, referred to in subsecs. (b)(2) and (j), is
Pub. L. 95-502, Oct. 21, 1978, 92 Stat. 1693, as amended. Section
102 of Pub. L. 95-502 is not classified to the Code. For complete
classification of this Act to the Code, see Tables.
This Act, referred to in subsec. (f)(1), is Pub. L. 99-662, Nov.
17, 1986, 100 Stat. 4082, as amended, known as the Water Resources
Development Act of 1986. Title I of this Act is classified
generally to subchapter I (Sec. 2211 et seq.) of chapter 36 of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 2201 of this title and
Tables.
CODIFICATION
Subsec. (c)(2) of this section amended section 101 of Pub. L. 95-
502, which is set out as a note under section 1962b-3 of Title 42,
The Public Health and Welfare.
AMENDMENTS
1999 - Subsec. (e). Pub. L. 106-53, Sec. 509(a), inserted subsec.
heading, added par. (1), and struck out former par. (1) which read
as follows: "The Secretary, in consultation with the Secretary of
the Interior and the States of Illinois, Iowa, Minnesota, Missouri,
and Wisconsin, is authorized to undertake, as identified in the
master plan -
"(A) a program for the planning, construction, and evaluation
of measures for fish and wildlife habitat rehabilitation and
enhancement;
"(B) implementation of a long-term resource monitoring program;
and
"(C) implementation of a computerized inventory and analysis
system."
Subsec. (e)(2). Pub. L. 106-53, Sec. 509(b), added par. (2) and
struck out former par. (2) which read as follows: "Each program
referred to in paragraph (1) shall be carried out for 15 years.
Before the last day of such 15-year period, the Secretary, in
consultation with the Secretary of the Interior and the States of
Illinois, Iowa, Minnesota, Missouri, and Wisconsin, shall conduct
an evaluation of such programs and submit a report on the results
of such evaluation to Congress. Such evaluation shall determine
each such program's effectiveness, strengths, and weaknesses and
contain recommendations for the modification and continuance or
termination of such program."
Subsec. (e)(3). Pub. L. 106-53, Sec. 509(c)(1), substituted
"(1)(A)(i)" for "(1)(A)" and "Secretary $22,750,000 for fiscal year
1999 and each fiscal year thereafter" for "Secretary not to exceed
$8,200,000 for the first fiscal year beginning after November 17,
1986, not to exceed $12,400,000 for the second fiscal year
beginning after November 17, 1986, and not to exceed $13,000,000
per fiscal year for each of the succeeding 13 fiscal years".
Subsec. (e)(4). Pub. L. 106-53, Sec. 509(c)(2), substituted
"(1)(A)(ii)" for "(1)(B)" and "Secretary $10,420,000 for fiscal
year 1999 and each fiscal year thereafter" for "Secretary not to
exceed $7,680,000 for the first fiscal year beginning after
November 17, 1986, and not to exceed $5,080,000 per fiscal year for
each of the succeeding 14 fiscal years".
Subsec. (e)(5). Pub. L. 106-109 substituted "paragraph (1)(B)"
for "paragraph (1)(A)(i)".
Pub. L. 106-53, Sec. 509(c)(3), added par. (5) and struck out
former par. (5) which read as follows: "For purposes of carrying
out paragraph (1)(C) of this subsection, there is authorized to be
appropriated to the Secretary not to exceed $40,000 for the first
fiscal year beginning after November 17, 1986, not to exceed
$280,000 for the second fiscal year beginning after November 17,
1986, not to exceed $1,220,000 for the third fiscal year beginning
after November 17, 1986, and not to exceed $875,000 per fiscal year
for each of the succeeding 12 fiscal years".
Subsec. (e)(6). Pub. L. 106-53, Sec. 509(d), added par. (6) and
struck out former par. (6) which contained provisions limiting
transfers to 20% of appropriated amounts and setting out specific
maximum monetary amounts.
Subsec. (e)(7)(A). Pub. L. 106-53, Sec. 509(e), (g)(1)(A),
substituted "(1)(A)(i)" for "(1)(A)" and inserted before period at
end "and, in the case of any project requiring non-Federal cost
sharing, the non-Federal share of the cost of the project shall be
35 percent".
Subsec. (e)(7)(B). Pub. L. 106-53, Sec. 509(g)(1)(B), substituted
"paragraph (1)(A)(ii)" for "paragraphs (1)(B) and (1)(C)".
Subsec. (f)(2). Pub. L. 106-53, Sec. 509(g)(2), struck out "(A)"
after "(2)" and struck out subpar. (B) which read as follows: "For
purposes of carrying out the assessment of the economic benefits of
recreational activities as authorized in paragraph (1) of this
subsection, there is authorized to be appropriated to the Secretary
not to exceed $300,000 per fiscal year for the first and second
fiscal years beginning after the computerized inventory and
analysis system implemented pursuant to subsection (e)(1)(C) of
this section is fully functional and $150,000 for the third such
fiscal year".
Subsec. (h)(2). Pub. L. 106-53, Sec. 509(f), inserted par.
heading, designated existing provisions as subpar. (A) and inserted
heading, and added subpar. (B).
1992 - Subsec. (e)(2). Pub. L. 102-580, Sec. 107(a)(1), which
directed the substitution of "15" for "ten" each place it appears,
could not be executed because "ten" did not appear subsequent to
amendment by Pub. L. 101-640, Sec. 405(1). See 1990 Amendment note
below.
Subsec. (e)(6). Pub. L. 102-580, Sec. 107(a)(3), added par. (6).
Former par. (6) redesignated (7).
Subsec. (e)(7). Pub. L. 102-580, Sec. 107(a)(2), redesignated
par. (6) as (7). Former par. (7) redesignated (8).
Subsec. (e)(7)(A). Pub. L. 102-580, Sec. 107(b), added subpar.
(A) and struck out former subpar. (A) which read as follows:
"Notwithstanding the provisions of subsection (a)(2) of this
section, the costs of each project carried out pursuant to
paragraph (1)(A) of this subsection shall be allocated between the
Secretary and the appropriate non-Federal sponsor in accordance
with the provisions of section 2283 of this title."
Subsec. (e)(8). Pub. L. 102-580, Sec. 107(a)(2), redesignated
par. (7) as (8).
1990 - Subsec. (e)(2). Pub. L. 101-640, Sec. 405(1), substituted
"15" for "ten" in two places.
Subsec. (e)(3). Pub. L. 101-640, Sec. 405(2), substituted "13"
for "eight".
Subsec. (e)(4). Pub. L. 101-640, Sec. 405(3), substituted "14"
for "nine".
Subsec. (e)(5). Pub. L. 101-640, Sec. 405(4), substituted "12"
for "seven".
Subsec. (f)(2)(A). Pub. L. 101-640, Sec. 405(5), substituted "15"
for "ten".
UPPER MISSISSIPPI RIVER BASIN SEDIMENT AND NUTRIENT STUDY
Pub. L. 106-541, title IV, Sec. 403, Dec. 11, 2000, 114 Stat.
2634, provided that:
"(a) In General. - In conjunction with the Secretary of
Agriculture and the Secretary of the Interior, the Secretary [of
the Army] shall conduct a study to -
"(1) identify and evaluate significant sources of sediment and
nutrients in the upper Mississippi River basin;
"(2) quantify the processes affecting mobilization, transport,
and fate of those sediments and nutrients on land and in water;
and
"(3) quantify the transport of those sediments and nutrients to
the upper Mississippi River and the tributaries of the upper
Mississippi River.
"(b) Study Components. -
"(1) Computer modeling. - In carrying out the study under this
section, the Secretary shall develop computer models of the upper
Mississippi River basin, at the subwatershed and basin scales, to
-
"(A) identify and quantify sources of sediment and nutrients;
and
"(B) examine the effectiveness of alternative management
measures.
"(2) Research. - In carrying out the study under this section,
the Secretary shall conduct research to improve the understanding
of -
"(A) fate processes and processes affecting sediment and
nutrient transport, with emphasis on nitrogen and phosphorus
cycling and dynamics;
"(B) the influences on sediment and nutrient losses of soil
type, slope, climate, vegetation cover, and modifications to
the stream drainage network; and
"(C) river hydrodynamics, in relation to sediment and
nutrient transformations, retention, and transport.
"(c) Use of Information. - On request of a Federal agency, the
Secretary may provide information for use in applying sediment and
nutrient reduction programs associated with land-use improvements
and land management practices.
"(d) Reports. -
"(1) Preliminary report. - Not later than 2 years after the
date of enactment of this Act [Dec. 11, 2000], the Secretary
shall transmit to Congress a preliminary report that outlines
work being conducted on the study components described in
subsection (b).
"(2) Final report. - Not later than 5 years after the date of
enactment of this Act, the Secretary shall transmit to Congress a
report describing the results of the study under this section,
including any findings and recommendations of the study.
"(e) Funding. -
"(1) Authorization of appropriations. - There is authorized to
be appropriated to carry out this section $4,000,000 for each of
fiscal years 2001 through 2005.
"(2) Federal share. - The Federal share of the cost of carrying
out this section shall be 50 percent."
UPPER MISSISSIPPI RIVER COMPREHENSIVE PLAN
Pub. L. 106-53, title IV, Sec. 459, Aug. 17, 1999, 113 Stat. 332,
as amended by Pub. L. 106-541, title IV, Sec. 404, Dec. 11, 2000,
114 Stat. 2635, provided that:
"(a) Development. - The Secretary [of the Army] shall develop a
plan to address water resource and related land resource problems
and opportunities in the upper Mississippi and Illinois River
basins, from Cairo, Illinois, to the headwaters of the Mississippi
River, in the interest of systemic flood damage reduction by means
of -
"(1) structural and nonstructural flood control and floodplain
management strategies;
"(2) continued maintenance of the navigation project;
"(3) management of bank caving and erosion;
"(4) watershed nutrient and sediment management;
"(5) habitat management;
"(6) recreation needs; and
"(7) other related purposes.
"(b) Contents. - The plan under subsection (a) shall -
"(1) contain recommendations on management plans and actions to
be carried out by the responsible Federal and non-Federal
entities;
"(2) specifically address recommendations to authorize
construction of a systemic flood control project for the upper
Mississippi River; and
"(3) include recommendations for Federal action where
appropriate and recommendations for follow-on studies for problem
areas for which data or current technology does not allow
immediate solutions.
"(c) Consultation and Use of Existing Data. - In carrying out
this section, the Secretary shall -
"(1) consult with appropriate Federal and State agencies; and
"(2) make maximum use of data in existence on the date of
enactment of this Act [Aug. 17, 1999] and ongoing programs and
efforts of Federal agencies and States in developing the plan
under subsection (a).
"(d) Cost Sharing. -
"(1) Development. - Development of the plan under subsection
(a) shall be at Federal expense.
"(2) Feasibility studies. - Feasibility studies resulting from
development of the plan shall be subject to cost sharing under
section 105 of the Water Resources Development Act of 1986 (33
U.S.C. 2215).
"(e) Report. - Not later than 3 years after the first date on
which funds are appropriated to carry out this section, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report that includes
the plan under subsection (a)."
"SECRETARY" DEFINED
Secretary means the Secretary of the Army, see section 2201 of
this title.