§ 426m. Collection and removal of drift and debris from publicly maintained commercial boat harbors and adjacent land and water areas

Footnotes

1. 1 So in original.

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. 1976

   Water Resources Development Act of 1976

   Pub. L. 94–587 § 202 · 90 Stat. 2917

   Enacted · 33 U.S.C. § 426m

   Pub. L. 94–587, § 202, Oct. 22, 1976, 90 Stat. 2945

   Source evidence

   Code source credit
   Pub. L. 94–587, § 202, Oct. 22, 1976, 90 Stat. 2945

   Enacted provision · exact public law section
   Sec. 202. (a) The Congress finds that drift and debris on or in publicly 33 USC 426m. maintained commercial boat harbors and the land and water areas immediately adjacent thereto threaten navigational safety, public health, recreation, and the harborfront environment. (b) (1) The Secretary of the Army, acting through the Chief of Engineers, shall be responsible for developing projects for the collection and removal of drift and debris from publicly maintained commercial boat harbors and from land and water areas immediately adjacent thereto. (2) The Secretary of the Army, acting through the Chief of Engineers is authorized to undertake projects developed under paragraph (1) of this subsection without specific congressional approval when the total Federal cost for the project is less than $400,000. (c) The Federal share of the cost of any project developed pursuant to subsection (b) of this section shall be two-thirds of the cost of the project The remainder of such costs shall be paid by the State, municipality, or other political subdivision in which the project is to be located, except that any costs associated with the collections and removal of drift and debris from federally owned lands shall be borne by the Federal Government. Non-Federal interests in future project development under subsection (b) of tills section shall be required to recover the full cost of drift or debris removal from any identified owner of piers or other potential sources of drift or debris, or to repair such sources so that they no longer create a potential source of drift or debris. (d) Any State, municipality, or other political subdivision where any project developed pursuant to subsection (b) of this section is located shall provide all lands, easements, and right-of-way necessary for the project, including suitable access and disposal areas, and shall agree to maintain such projects and hold and save the United States free from any damages which may result from the non-Federal sponsor’s performance of, or failure to perform, any of its required responsibilities of cooperation for the project. Non-Federal interest shall agree to regulate any project area following project completion so that such area will not become a future source of drift and debris. The Chief of Engineers shall provide technical advice to non-Federal interests on the implementation of this subsection. (e) For the purposes of this section— (1) the term “drift” includes any buoyant material that, when floating in the navigable waters of the United States, may cause damage to a commercial or recreational vessel; and (2) the term “debris” includes any abandoned or dilapidated structure or any sunken vessel or other object that can reasonably be expected to collapse or otherwise enter the navigable waters of the United States as drift within a reasonable period. (f) There is authorized to be appropriated to carry out this section not to exceed $4,000,000 per fiscal year for fiscal years 1978 and 1979.

2. 1986

   Upper Mississippi River Management Act of 1986

   Pub. L. 99–662 title XI § 1129(a) · 100 Stat. 4082

   1. Amended · 33 U.S.C. § 426m(f)

      Pub. L. 99–662 amended subsec. (f) generally

   2. Substituted · 33 U.S.C. § 426m(f)

      Pub. L. 99–662 substituting “such sums as may be necessary for fiscal years beginning after Sept. 30, 1986” for “not to exceed $4,000,000 per fiscal year for fiscal years 1978 and 1979”

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 99–662 amended subsec. (f) generally, substituting “such sums as may be necessary for fiscal years beginning after Sept. 30, 1986” for “not to exceed $4,000,000 per fiscal year for fiscal years 1978 and 1979”.

   Enacted provision · exact public law section
   (a) Section 202(f) of the Water Resources Development Act of 1976 33 USC 426m. is amended to read as follows: “(f) Appropriation authorization. There is authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years beginning after September 30, 1986.”.

3 of 3 references resolved to an enrolled provision