33 U.S.C. § 2255a | High water-low water preparedness

(a)

Definitions

In this section:

(1)

Bypass

The term “bypass” means an alternate water route adjacent to a lock and dam on a Federal inland waterway system that can be used for commercial navigation during high water conditions.

(2)

Emergency condition

The term “emergency condition” means—

(A)

unsafe conditions on a Federal inland waterway system that prevent the operation of commercial vessels, resulting from a major change in water level or flows;

(B)

an obstruction in a Federal inland waterway system, including silt, sediment, rock formation, or a shallow channel;

(C)

an impaired or inoperable Federal lock and dam; or

(D)

any other condition determined appropriate by the Secretary.

(b)

Emergency determination

The Secretary, in consultation with the District Commanders responsible for maintaining any Federal inland waterway system, the users of the waterway system, and the Coast Guard, may make a determination that an emergency condition exists on the waterway system.

(c)

Emergency mitigation project

(1)

In general

Subject to paragraph (2) and the availability of appropriations, and in accordance with all applicable Federal requirements, the Secretary may carry out an emergency mitigation project on a Federal inland waterway system with respect to which the Secretary has determined that an emergency condition exists under subsection (b), or on a bypass of such system, to remedy that emergency condition.

(2)

Deadline

An emergency mitigation project under paragraph (1) shall—

(A)

be initiated by not later than 60 days after the date on which the Secretary makes the applicable determination under subsection (b); and

(B)

to the maximum extent practicable, be completed by not later than 1 year after the date on which the Secretary makes such determination.

(d)

Authorization of appropriations

There is authorized to be appropriated to the Secretary to carry out this section $25,000,000 for each of fiscal years 2022 through 2024, to remain available until expended.

Pub. L. 116–260, div. AA, title I, § 151Dec. 27, 2020134 Stat. 2657(, , .)

Editorial Notes

Codification

Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Statutory Notes and Related Subsidiaries

“Secretary” Defined

section 2 of div. AA of Pub. L. 116–260 section 2201 of this titleSecretary means the Secretary of the Army, see , set out as a note under .