Title 33 — Navigation and Navigable Waters
Chapter 36 — Water Resources Development
§ 2342. Access to water resource data
Statutory text
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—
the planning, design, construction, operation, and maintenance of water resources development projects; and
water quality and water management of projects owned, operated, or managed by the Corps of Engineers.
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.
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.
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.
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.
Water Resources Development Act of 2007
Pub. L. 110–114 title II § 2017 · 121 Stat. 1041
Enacted · 33 U.S.C. § 2342
Pub. L. 110–114, title II, § 2017, Nov. 8, 2007, 121 Stat. 1077
Source evidence
Code source credit
Pub. L. 110–114, title II, § 2017, Nov. 8, 2007, 121 Stat. 1077Enacted provision · exact public law section
SEC. 2017. ACCESS TO WATER RESOURCE DATA. (a) In General.— The Public information. Secretary shall carry out a program to provide public access to water resources and related water quality data in the custody of the Corps of Engineers. (b) Data.— Public access under subsection (a) shall— (1) include, at a minimum, access to data generated in water resources project development and regulation under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344); and (2) appropriately employ geographic information system technology and linkages to water resource models and analytical techniques. (c) Partnerships.— To the maximum extent practicable, in carrying out activities under this section, the Secretary shall develop partnerships, including cooperative agreements, with State, tribal, and local governments and other Federal agencies. (d) Authorization of Appropriations.— There is authorized to be appropriated to carry out this section $3,000,000 for each fiscal year.Water Resources Development Act of 2016
Pub. L. 114–322 title I § 1135 · 130 Stat. 1628
Amended · 33 U.S.C. § 2342
Pub. L. 114–322 amended section generally. Prior to amendment, section related to access to water resource data
Source evidence
Code amendment note
Pub. L. 114–322 amended section generally. Prior to amendment, section related to access to water resource data.Enacted provision · exact public law section
SEC. 1135. DATA TRANSPARENCY. Section 2017 of the Water Resources Development Act of 2007 (33 U.S.C. 2342) is amended to read as follows: “SEC. 2017. ACCESS TO WATER RESOURCE DATA. “(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.” .
2 of 2 references resolved to an enrolled provision
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), , 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.
Credits
2007–2016 · 2 acts
- 2007Pub. L. 110–114, title II, § 2017, , 121 Stat. 1077
- 2016Pub. L. 114–322, title I, § 1135, , 130 Stat. 1656.
Show as published
(Pub. L. 110–114, title II, § 2017, , 121 Stat. 1077; Pub. L. 114–322, title I, § 1135, , 130 Stat. 1656.)