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Title 33 — Navigation and Navigable Waters

Chapter 36 — Water Resources Development

§ 2255. Inland waterways riverbank stabilization

Statutory text

(a)

In general

Not later than 1 year after , and biennially thereafter, the Secretary shall conduct a study to determine the feasibility of—

(1)

carrying out projects for the inland and intracoastal waterways for purposes of—

(A)

flood damage reduction;

(B)

emergency streambank and shoreline protection; and

(C)

prevention and mitigation of shore damages attributable to navigation improvements; and

(2)

modifying projects for the inland and intracoastal waterways for the purpose of improving the quality of the environment.

(b)

Recommendations

In conducting the study, the Secretary shall develop specific project recommendations and prioritize those recommendations based on—

(1)

the extent of damage and land loss resulting from riverbank erosion;

(2)

the rate of erosion;

(3)

the significant threat of future flood risk to public property, public infrastructure, or public safety;

(4)

the destruction of natural resources or habitats; and

(5)

the potential cost savings for maintenance of the channel.

(c)

Disposition

The Secretary may carry out any project identified in the study conducted pursuant to subsection (a) in accordance with the criteria for projects carried out under one of the following authorities:

(1)

Section 701r of this title.

(2)

Section 701s of this title.

(3)

Section 426i of this title.

(4)

Section 2309a of this title.

(d)

Annual report

For a project recommended pursuant to the study that cannot be carried out under any of the authorities specified in subsection (c), upon a determination by the Secretary of the feasibility of the project, the Secretary may include a recommendation concerning the project in the annual report submitted to Congress under section 2282d of this title.

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. Water Resources Reform and Development Act of 2014

    Pub. L. 113–121 title II § 2009 · 128 Stat. 1193

    Enacted · 33 U.S.C. § 2255

    (Pub. L. 113–121, title II, § 2009, June 10, 2014, 128 Stat. 1269.)

    Source evidence

    Code source credit
    (Pub. L. 113–121, title II, § 2009, June 10, 2014, 128 Stat. 1269.)

    Enacted provision · exact public law section
    SEC. 2009. INLAND WATERWAYS RIVERBANK STABILIZATION. (a) In General.— Not later than 1 year after the date of enactment of this Act, and biennially thereafter, the Secretary shall conduct a study to determine the feasibility of— (1) carrying out projects for the inland and intracoastal waterways for purposes of— (A) flood damage reduction; (B) emergency streambank and shoreline protection; and (C) prevention and mitigation of shore damages attributable to navigation improvements; and (2) modifying projects for the inland and intracoastal waterways for the purpose of improving the quality of the environment. (b) Recommendations.— In conducting the study, the Secretary shall develop specific project recommendations and prioritize those recommendations based on— (1) the extent of damage and land loss resulting from riverbank erosion; (2) the rate of erosion; (3) the significant threat of future flood risk to public property, public infrastructure, or public safety; (4) the destruction of natural resources or habitats; and (5) the potential cost savings for maintenance of the channel. (c) Disposition.— The Secretary may carry out any project identified in the study conducted pursuant to subsection (a) in accordance with the criteria for projects carried out under one of the following authorities: (1) Section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r). (2) Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s). (3) Section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i). (4) Section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a). (d) Annual Report.— For a project recommended pursuant to the study that cannot be carried out under any of the authorities specified in subsection (c), upon a determination by the Secretary of the feasibility of the project, the Secretary may include a recommendation concerning the project in the annual report submitted to Congress under section 7001.

1 of 1 references resolved to an enrolled provision

Editorial Notes

Codification

Section was enacted as part of the Water Resources Reform and Development Act of 2014, 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 Pub. L. 113–121, set out as a note under section 2201 of this title.

Credits

(Pub. L. 113–121, title II, § 2009, , 128 Stat. 1269.)

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