33 U.S.C. § 2255a: High water-low water…

Summary

The Secretary may start emergency work to fix problems that stop commercial boats on federal inland waterways or on nearby bypass routes. The Secretary can first decide an emergency exists after talking with the District Commanders who maintain the waterways, the waterway users, and the Coast Guard. Projects depend on available funding and must follow federal rules. Work must begin within 60 days of that decision and, when possible, be finished within 1 year. Up to $25,000,000 is authorized for each of fiscal years 2022 through 2024, available until spent. Bypass — an alternate water route next to a lock and dam used for commercial navigation during high water. Emergency condition — unsafe water levels or flows, obstructions like silt or rock, a damaged or unusable lock and dam, or any other situation the Secretary finds appropriate.

Title 33, §2255a

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Definitions

In this section: (1) Bypass

(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.

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