33 U.S.C. · Navigation and Navigable Waters
33 U.S.C. § 2255a

High water-low water preparedness

Ch. 36 — WATER RESOURCES DEVELOPMENT
Title 33 U.S.C. ● ACTIVE Primary Source Ch. 36
Statutory Text

33 U.S.C. § 2255a — High water-low water preparedness

U.S.C. Title 33 - NAVIGATION AND NAVIGABLE WATERS 33 U.S.C. United States Code, 2023 Edition Title 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 36 - WATER RESOURCES DEVELOPMENT SUBCHAPTER III - INLAND WATERWAY TRANSPORTATION SYSTEM Sec. 2255a - High water-low water preparedness From the U.S. Government Publishing Office, www.gpo.gov

§2255a. High water-low water preparedness

(a) Definitions In this section: (1) Bypass The term "bypass" means an alternate water route adjacent to a lock and dam on a Federal inland waterway system that can be used for commercial navigation during high water conditions. (2) Emergency condition The term "emergency condition" means— (A) unsafe conditions on a Federal inland waterway system that prevent the operation of commercial vessels, resulting from a major change in water level or flows; (B) an obstruction in a Federal inland waterway system, including silt, sediment, rock formation, or a shallow channel; (C) an impaired or inoperable Federal lock and dam; or (D) any other condition determined appropriate by the Secretary. (b) Emergency determination The Secretary, in consultation with the District Commanders responsible for maintaining any Federal inland waterway system, the users of the waterway system, and the Coast Guard, may make a determination that an emergency condition exists on the waterway system. (c) Emergency mitigation project (1) In general Subject to paragraph (2) and the availability of appropriations, and in accordance with all applicable Federal requirements, the Secretary may carry out an emergency mitigation project on a Federal inland waterway system with respect to which the Secretary has determined that an emergency condition exists under subsection (b), or on a bypass of such system, to remedy that emergency condition. (2) Deadline An emergency mitigation project under paragraph (1) shall— (A) be initiated by not later than 60 days after the date on which the Secretary makes the applicable determination under subsection (b); and (B) to the maximum extent practicable, be completed by not later than 1 year after the date on which the Secretary makes such determination. (d) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $25,000,000 for each of fiscal years 2022 through 2024, to remain available until expended.

(Pub. L. 116–260, div. AA, title I, §151, Dec. 27, 2020, 134 Stat. 2657.)

Editorial Notes

Codification Section was enacted as part of the Water Resources Development Act of 2020, 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 section 2 of div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title.

Source: uscode.house.gov — public domain Official Source ↗
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The statutory text of 33 U.S.C. § 2255a is reproduced from the official United States Code as published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov).
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