§2255a — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

The Secretary can declare an emergency on a federal inland waterway and carry out quick fixes after talking with the district commanders who run the waterways, people who use them, and the Coast Guard. A "bypass" is an alternate route next to a lock and dam used for commercial boats in high water. An "emergency condition" covers unsafe water levels or flows that stop commercial vessels, obstructions like silt, rock, or shallow channels, a broken or unusable lock and dam, or other situations the Secretary decides. If an emergency is declared, the Secretary can do emergency mitigation projects on the waterway or its bypass, following federal rules and if money is available. Projects must start within 60 days of the decision and, as much as possible, be finished within 1 year. Congress authorized $25,000,000 for each of fiscal years 2022 through 2024, available until spent.

Title 33, §2255a

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)In this section:

(1)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)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)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)(1)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)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)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.

Notes & Related Subsidiaries

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.

§2255a High water-low water preparedness

Summary

Title 33, §2255a

Notes & Related Subsidiaries

Editorial Notes

Statutory Notes and Related Subsidiaries

Citations & Metadata