§ 2251. Inland Waterways Users Board

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1986

   Pub. L. 99–662 title III § 302 · 100 Stat. 4082

   Enacted · 33 U.S.C. § 2251

   Pub. L. 99–662, title III, § 302, Nov. 17, 1986, 100 Stat. 4111

   Source evidence

   Code source credit
   Pub. L. 99–662, title III, § 302, Nov. 17, 1986, 100 Stat. 4111

   Enacted provision · exact public law section
   SEC. 302. INLAND WATERWAYS USERS BOARD. (a) Establishment of Users Board.— There is hereby established an Inland Waterway Users Board (hereinafter in this section referred to as the “Users Board”) composed of the eleven members selected by the Secretary, one of whom shall be designated by the Secretary as Chairman. The members shall be selected so as to represent various regions of the country and a spectrum of the primary users and shippers utilizing the inland and intracoastal waterways for commercial purposes. Due consideration shall be given to assure a balance among the members based on the ton-mile shipments of the various categories of commodities shipped on inland waterways. The Secretary of the Army shall designate, and the Secretaries of Agriculture, Transportation, and Commerce may each designate, a representative to act as an observer of the Users Board. (b) Duties.— The Users Board shall meet at least semi-annually to develop and make recommendations to the Secretary regarding construction and rehabilitation priorities and spending levels on the commercial navigational features and components of the inland waterways and inland harbors of the United States for the following fiscal years. Any advice or recommendation made by the Users Board to the Secretary shall reflect the independent judgment of the Users Board. The Users Board shall, by December 31, 1987, and annually thereafter file such recommendations with the Secretary and with the Congress. (c) Administration.— The Users Board shall be subject to the Federal Advisory Committee Act (83 Stat. 770; 5 U.S.C. App.), other than section 14, and, with the consent of the appropriate agency head, the Users Board may use the facilities and services of any Federal agency. Non-Federal members of the Users Board while engaged in the performance of their duties away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code.

2. 1999

   Pub. L. 106–109 § 8(a) · 113 Stat. 1494

   Substituted · 33 U.S.C. § 2251(b)

   Pub. L. 106–109, in last sentence, substituted “Notwithstanding section 3003 of Public Law 104–66 (31 U.S.C. 1113 note; 109 Stat. 734), the” for “The”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 106–109, in last sentence, substituted “Notwithstanding section 3003 of Public Law 104–66 (31 U.S.C. 1113 note; 109 Stat. 734), the” for “The”.

   Enacted provision · exact public law section
   (a) Recommendations of Inland Waterways Users Board.— Section 302(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2251(b)) is amended in the last sentence by striking “The” and inserting “Notwithstanding section 3003 of Public Law 104–66 (31 U.S.C. 1113 note; 109 Stat. 734), the”.

3. 2014

   Water Resources Reform and Development Act of 2014

   Pub. L. 113–121 § 2002(d)(1) · 128 Stat. 1193

   1. Added · 33 U.S.C. § 2251(b)

      Pub. L. 113–121, § 2002(d)(1), added subsec. (b)

   2. Struck · 33 U.S.C. § 2251(b)

      Pub. L. 113–121, § 2002(d)(1), struck out former subsec. (b). Prior to amendment, text read as follows: “The Users Board shall meet at least semi-annually to develop and make recommendations to the Secretary regarding construction and rehabilitation priorities and spending levels on the commercial navigational features and components of the inland waterways and inland harbors of the United States for the following fiscal years. Any advice or recommendation made by the Users Board to the Secretary shall reflect the independent judgment of the Users Board. Notwithstanding section 3003 of Public Law 104–66 (31 U.S.C. 1113 note; 109 Stat. 734), the Users Board shall, by December 31, 1987, and annually thereafter file such recommendations with the Secretary and with the Congress.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 113–121, § 2002(d)(1), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “The Users Board shall meet at least semi-annually to develop and make recommendations to the Secretary regarding construction and rehabilitation priorities and spending levels on the commercial navigational features and components of the inland waterways and inland harbors of the United States for the following fiscal years. Any advice or recommendation made by the Users Board to the Secretary shall reflect the independent judgment of the Users Board. Notwithstanding section 3003 of Public Law 104–66 (31 U.S.C. 1113 note; 109 Stat. 734), the Users Board shall, by December 31, 1987, and annually thereafter file such recommendations with the Secretary and with the Congress.”

   Enacted provision · exact public law section
   (1) by striking subsection (b) and inserting the following: “(b) Duties of Users Board.— “(1) In general.— The Users Board shall meet not less frequently than semiannually to develop and make recommendations to the Secretary and Congress regarding the inland waterways and inland harbors of the United States. “(2) Advice and recommendations.— For commercial navigation features and components of the inland waterways and inland harbors of the United States, the Users Board shall provide— “(A) prior to the development of the budget proposal of the President for a given fiscal year, advice and recommendations to the Secretary regarding construction and rehabilitation priorities and spending levels; “(B) advice and recommendations to Congress regarding any feasibility report for a project on the inland waterway system that has been submitted to Congress pursuant to section 7001 of the Water Resources Reform and Development Act of 2014; “(C) advice and recommendations to Congress regarding an increase in the authorized cost of those features and components; “(D) not later than 60 days after the date of the submission of the budget proposal of the President to Congress, advice and recommendations to Congress regarding construction and rehabilitation priorities and spending levels; and “(E) advice and recommendations on the development of a long-term capital investment program in accordance with subsection (d). “(3) Project development teams.— The chairperson of the Users Board shall appoint a representative of the Users Board to serve as an advisor to the project development team for a qualifying project or the study or design of a commercial navigation feature or component of the inland waterways and inland harbors of the United States. “(4) Independent judgment.— Any advice or recommendation made by the Users Board to the Secretary shall reflect the independent judgment of the Users Board.” ;

4. 2014

   Water Resources Reform and Development Act of 2014

   Pub. L. 113–121 § 2002(d)(2) · 128 Stat. 1193

   1. Added · 33 U.S.C. § 2251(c)(f)

      Pub. L. 113–121, § 2002(d)(2), added subsecs. (c) to (f)

   2. Struck · 33 U.S.C. § 2251(c)(f)

      Pub. L. 113–121, § 2002(d)(2), struck out former subsec. (c). Prior to amendment, text read as follows: “The Users Board shall be subject to the Federal Advisory Committee Act, other than section 14, and, with the consent of the appropriate agency head, the Users Board may use the facilities and services of any Federal agency. Non-Federal members of the Users Board while engaged in the performance of their duties away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5.”

   Source evidence

   Code amendment note
   Subsecs. (c) to (f). Pub. L. 113–121, § 2002(d)(2), added subsecs. (c) to (f) and struck out former subsec. (c). Prior to amendment, text read as follows: “The Users Board shall be subject to the Federal Advisory Committee Act, other than section 14, and, with the consent of the appropriate agency head, the Users Board may use the facilities and services of any Federal agency. Non-Federal members of the Users Board while engaged in the performance of their duties away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5.”

   Enacted provision · exact public law section
   (2) by striking subsection (c) and inserting the following: “(c) Duties of Secretary.— The Secretary shall— “(1) communicate not less frequently than once each quarter to the Users Board the status of the study, design, or construction of all commercial navigation features or components of the inland waterways or inland harbors of the United States; and “(2) submit to the Users Board a courtesy copy of all completed feasibility reports relating to a commercial navigation feature or component of the inland waterways or inland harbors of the United States. “(d) Capital Investment Program.— “(1) In general.— Not later than 1 year after the date of enactment of this subsection, the Secretary, in coordination with the Users Board, shall develop and submit to Congress a report describing a 20-year program for making capital investments on the inland and intracoastal waterways based on the application of objective, national project selection prioritization criteria. “(2) Consideration.— In developing the program under paragraph (1), the Secretary shall take into consideration the 20-year capital investment strategy contained in the Inland Marine Transportation System (IMTS) Capital Projects Business Model, Final Report published on April 13, 2010, as approved by the Users Board. “(3) Criteria.— In developing the plan and prioritization criteria under paragraph (1), the Secretary shall ensure, to the maximum extent practicable, that investments made under the 20-year program described in paragraph (1)— “(A) are made in all geographical areas of the inland waterways system; and “(B) ensure efficient funding of inland waterways projects. “(4) Strategic review and update.— Not later than 5 years after the date of enactment of this subsection, and not less frequently than once every 5 years thereafter, the Secretary, in coordination with the Users Board, shall— “(A) submit to Congress and make publicly available a strategic review of the 20-year program in effect under this subsection, which shall identify and explain any changes to the project-specific recommendations contained in the previous 20-year program (including any changes to the prioritization criteria used to develop the updated recommendations); and “(B) make revisions to the program, as appropriate. “(e) Project Management Plans.— The chairperson of the Users Board and the project development team member appointed by the chairperson under subsection (b)(3) may sign the project management plan for the qualifying project or the study or design of a commercial navigation feature or component of the inland waterways and inland harbors of the United States. “(f) Administration.— “(1) In general.— The Users Board shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.), other than section 14, and, with the consent of the appropriate agency head, the Users Board may use the facilities and services of any Federal agency. “(2) Members not considered special government employees.— For the purposes of complying with the Federal Advisory Committee Act (5 U.S.C. App.), the members of the Users Board shall not be considered special Government employees (as defined in section 202 of title 18, United States Code). “(3) Travel expenses.— Non-Federal members of the Users Board while engaged in the performance of their duties away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code.” .

5. 2022

   Pub. L. 117–286 § 4(a)(202)(A) · 136 Stat. 4196

   Substituted · 33 U.S.C. § 2251(f)(1)

   Pub. L. 117–286, § 4(a)(202)(A), substituted “chapter 10 of title 5, other than section 1013,” for “the Federal Advisory Committee Act (5 U.S.C. App.), other than section 14,”

   Source evidence

   Code amendment note
   Subsec. (f)(1). Pub. L. 117–286, § 4(a)(202)(A), substituted “chapter 10 of title 5, other than section 1013,” for “the Federal Advisory Committee Act (5 U.S.C. App.), other than section 14,”.

   Enacted provision · exact public law section
   (A) in paragraph (1) by striking “the Federal Advisory Committee Act (5 U.S.C. App.), other than section 14,” and inserting “chapter 10 of title 5, United States Code, other than section 1013,”; and

6. 2022

   Pub. L. 117–286 § 4(a)(202)(B) · 136 Stat. 4196

   Substituted · 33 U.S.C. § 2251(f)(2)

   Pub. L. 117–286, § 4(a)(202)(B), substituted “chapter 10 of title 5,” for “the Federal Advisory Committee Act (5 U.S.C. App.),”

   Source evidence

   Code amendment note
   Subsec. (f)(2). Pub. L. 117–286, § 4(a)(202)(B), substituted “chapter 10 of title 5,” for “the Federal Advisory Committee Act (5 U.S.C. App.),”.

   Enacted provision · exact public law section
   (B) in paragraph (2), by striking “the Federal Advisory Committee Act (5 U.S.C. App.),” and inserting “chapter 10 of title 5, United States Code,”.

8 of 8 references resolved to an enrolled provision