33 U.S.C. § 2342: Access to water resource data

Summary

The Secretary must make public, including on the Internet, Corps of Engineers data about how water projects are planned, designed, built, run, maintained, and about water quality and water management for Corps projects. The data should be released as quickly as practicable after it is created, but the Secretary must not disclose information found to be confidential, privileged, law‑enforcement, national‑security, infrastructure‑security, personal, or otherwise barred by law; the Secretary may work with State, tribal, local, and other Federal agencies under agreements to carry this out.

Title 33, §2342

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)In general

Using available funds, the Secretary shall make publicly available, including on the Internet, all data in the custody of the Corps of Engineers on—

(1)the planning, design, construction, operation, and maintenance of water resources development projects; and

(2)water quality and water management of projects owned, operated, or managed by the Corps of Engineers.

(b)Limitation

Nothing in this section may be construed to compel or authorize the disclosure of data or other information determined by the Secretary to be confidential information, privileged information, law enforcement information, national security information, infrastructure security information, personal information, or information the disclosure of which is otherwise prohibited by law.

(c)Timing

The Secretary shall ensure that data is made publicly available under subsection (a) as quickly as practicable after the data is generated by the Corps of Engineers.

(d)Partnerships

In carrying out this section, the Secretary may develop partnerships, including through cooperative agreements, with State, tribal, and local governments and other Federal agencies.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Amendments

2016—Pub. L. 114–322 amended section generally. Prior to amendment, section related to access to water resource data.

Statutory Notes and Related Subsidiaries

Data Transparency Pub. L. 116–260, div. AA, title I, § 158(b), Dec. 27, 2020, 134 Stat. 2662, provided that: “The Secretary [of the Army] shall prioritize making publicly available water resources data in the custody of the Corps of Engineers, as authorized by section 2017 of the Water Resources Development Act of 2007 (33 U.S.C. 2342).” “Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 110–114, set out as a note under section 2201 of this title.

§2342 Access to Water Resource Data