§ 2201. — "Secretary" defined.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2201]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 36--WATER RESOURCES DEVELOPMENT
Sec. 2201. ``Secretary'' defined
For purposes of this Act, the term ``Secretary'' means the Secretary
of the Army.
(Pub. L. 99-662, Sec. 2, Nov. 17, 1986, 100 Stat. 4082.)
References in Text
This Act, referred to in text, is Pub. L. 99-662, Nov. 17, 1986, 100
Stat. 4082, as amended, known as the Water Resources Development Act of
1986. For complete classification of this Act to the Code, see Short
Title note set out below and Tables.
Short Title of 2000 Amendment
Pub. L. 106-541, Sec. 1(a), Dec. 11, 2000, 114 Stat. 2572, provided
that: ``This Act [see Tables for classification] may be cited as the
`Water Resources Development Act of 2000'.''
Short Title of 1999 Amendment
Pub. L. 106-53, Sec. 1(a), Aug. 17, 1999, 113 Stat. 269, provided
that: ``This Act [see Tables for classification] may be cited as the
`Water Resources Development Act of 1999'.''
Short Title of 1996 Amendment
Pub. L. 104-303, Sec. 1(a), Oct. 12, 1996, 110 Stat. 3658, provided
that: ``This Act [see Tables for classification] may be cited as the
`Water Resources Development Act of 1996'.''
Short Title of 1992 Amendment
Pub. L. 102-580, Sec. 1(a), Oct. 31, 1992, 106 Stat. 4797, provided
that: ``This Act [enacting sections 59gg, 426i-1, 569d to 569f, 653,
1271, 2268, and 2325 to 2329 of this title, amending sections 426j,
467f, 467j to 467l, 562, 652, 1342, 1412, 1413, 1414, 1415, 1416, 1420,
1421, 2211, 2213, 2283, and 2309a of this title, section 3036 of Title
10, Armed Forces, sections 460tt, 4702, and 4711 of Title 16,
Conservation, and section 1962d-16 of Title 42, The Public Health and
Welfare, and enacting provisions set out as notes under this section and
sections 541, 1271, 2211, 2239, 2267, and 2281 of this title, section
9505 of Title 26, Internal Revenue Code, and sections 390h-4 and 390h-5
of Title 43, Public Lands] may be cited as the `Water Resources
Development Act of 1992'.''
Short Title of 1990 Amendment
Pub. L. 101-640, Sec. 1(a), Nov. 28, 1990, 104 Stat. 4604, provided
that: ``This Act [enacting sections 59bb and 2316 to 2324 of this title,
amending sections 579a, 652, 701n, 709a, 2213, 2215, 2232, 2238, 2281,
2309a, and 2314a of this title, section 460tt of Title 16, Conservation,
and section 1962d-16 of Title 42, The Public Health and Welfare,
repealing sections 579 and 2239 of this title, enacting provisions set
out as notes under this section, sections 426e, 1252, 1268, 2213, 2232,
2239, 2313, and 2317 of this title, and section 1405c of Title 48,
Territories and Insular Possessions, and amending provisions set out as
notes under sections 2294 and 2314 of this title and section 460d of
Title 16] may be cited as the `Water Resources Development Act of
1990'.''
Short Title of 1988 Amendment
Pub. L. 100-676, Sec. 1(a), Nov. 17, 1988, 102 Stat. 4012, provided
that: ``This Act [enacting sections 59j-1, 59y, 59z, and 2312 to 2315 of
this title, amending sections 426j, 701b-12, 1293a, 2211, 2239, 2280,
and 2291 of this title and section 1962d-5a of Title 42, The Public
Health and Welfare, enacting provisions set out as notes under this
section, sections 579a, 988, 2211, 2294, 2300, and 2314 of this title,
and section 1962d-5g of Title 42, and amending provisions set out as a
note under section 2294 of this title] may be cited as the `Water
Resources Development Act of 1988'.''
Short Title
Section 1(a) of Pub. L. 99-662 provided that: ``This Act [enacting
this chapter and sections 59n-1, 59v, 59w, 403b, 426n, 426o, 467f to
467n, 555a, 579a, 652, 701b-12, 709b, 988a, and 1414a of this title,
sections 460tt of Title 16, Conservation, sections 4461, 4462, 9505, and
9506 of Title 26, Internal Revenue Code, section 483d of former Title
40, Public Buildings, Property, and Works, and sections 1962d-11b and
1962d-20 of Title 42, The Public Health and Welfare, amending sections
409, 414, 415, 426g, 426i, 426j, 426m, 467, 467b, 555, 557, 603a, 610,
701a-1, 701g, 701n, 701r, 701s, 984, and 1804 of this title, section
3036 of Title 10, Armed Forces, sections 460ee and 1002 of Title 16,
section 4042 of Title 26, sections 1962d-5a, 1962d-5b, 1962d-5d, 1962d-
5f, and 1962d-16 of Title 42, sections 390 and 390b of Title 43, Public
Lands, and section 1121-1 of Title 46, Appendix, Shipping, repealing
sections 1801 and 1802 of this title, enacting provisions set out as
notes under this section, sections 426, 426g, 467, 661, 984, 988, 1414a,
and 2294 of this title, sections 460d and 1004 of Title 16, sections 1,
4042, 4461, 9505, and 9506 of Title 26, sections 1962d-5b, 1962d-20, and
10301 of Title 42, and section 390b of Title 43, and amending provisions
set out as a note under section 1962b-3 of Title 42] may be cited as the
`Water Resources Development Act of 1986'.''
Section 215 of title II of Pub. L. 99-662 provided that: ``This
title [enacting subchapter II of this chapter] may be cited as the
`Harbor Development and Navigation Improvement Act of 1986'.''
Funding to Process Permits
Pub. L. 106-541, title II, Sec. 214, Dec. 11, 2000, 114 Stat. 2594,
provided that:
``(a) In General.--In fiscal years 2001 through 2003, the Secretary,
after public notice, may accept and expend funds contributed by non-
Federal public entities to expedite the evaluation of permits under the
jurisdiction of the Department of the Army.
``(b) Effect on Permitting.--In carrying out this section, the
Secretary shall ensure that the use of funds accepted under subsection
(a) will not impact impartial decisionmaking with respect to permits,
either substantively or procedurally.''
Monitoring
Pub. L. 106-541, title II, Sec. 223, Dec. 11, 2000, 114 Stat. 2597,
provided that:
``(a) In General.--The Secretary shall conduct a monitoring program
of the economic and environmental results of up to 5 eligible projects
selected by the Secretary.
``(b) Duration.--The monitoring of a project selected by the
Secretary under this section shall be for a period of not less than 12
years beginning on the date of its selection.
``(c) Reports.--The Secretary shall transmit to Congress every 3
years a report on the performance of each project selected under this
section.
``(d) Eligible Project Defined.--In this section, the term `eligible
project' means a water resources project, or separable element thereof--
``(1) for which a contract for physical construction has not
been awarded before the date of enactment of this Act [Dec. 11,
2000];
``(2) that has a total cost of more than $25,000,000; and
``(3)(A) that has as a benefit-to-cost ratio of less than 1.5 to
1; or
``(B) that has significant environmental benefits or significant
environmental mitigation components.
``(e) Costs.--The cost of conducting monitoring under this section
shall be a Federal expense.''
Water Control Management
Pub. L. 106-53, title V, Sec. 511, Aug. 17, 1999, 113 Stat. 341,
provided that:
``(a) In General.--In evaluating potential improvements for water
control management activities and consolidation of water control
management centers, the Secretary may consider a regionalized water
control management plan but may not implement such a plan until the date
on which a report is submitted under subsection (b).
``(b) Report.--Not later than 180 days after the date of enactment
of this Act [Aug. 17, 1999], the Secretary shall submit to the Committee
on Transportation and Infrastructure and the Committee on Appropriations
of the House of Representatives and the Committee on Environment and
Public Works and the Committee on Appropriations of the Senate a report
containing--
``(1) a description of the primary objectives of streamlining
water control management activities;
``(2) a description of the benefits provided by streamlining
water control management activities through consolidation of centers
for those activities;
``(3) a determination whether the benefits to users of
establishing regional water control management centers will be
retained in each district office of the Corps of Engineers that does
not have a regional center;
``(4) a determination whether users of regional centers will
receive a higher level of benefits from streamlining water control
management activities; and
``(5) a list of the members of Congress who represent a district
that includes a water control management center that is to be
eliminated under a proposed regionalized plan.''
Buy American; Sense of Congress; Requirement Regarding Notice
Pub. L. 106-53, title II, Sec. 222, Aug. 17, 1999, 113 Stat. 295,
provided that:
``(a) In General.--It is the sense of Congress that, to the extent
practicable, all equipment and products purchased with funds made
available under this Act [see Tables for classification] should be
American made.
``(b) Notice to Recipients of Assistance.--In providing financial
assistance under this Act, the Secretary, to the greatest extent
practicable, shall provide to each recipient of the assistance a notice
describing the statement made in subsection (a).''
Pub. L. 104-303, title II, Sec. 235, Oct. 12, 1996, 110 Stat. 3704,
provided that:
``(a) Purchase of American-Made Equipment and Products.--It is the
sense of Congress that, to the greatest extent practicable, all
equipment and products purchased with funds made available under this
Act [see Tables for classification] should be American-made.
``(b) Notice to Recipients of Assistance.--In providing financial
assistance under this Act, the Secretary, to the greatest extent
practicable, shall provide to each recipient of the assistance a notice
describing the statement made in subsection (a).''
Budget Act Requirements
Section 948 of Pub. L. 99-662 provided that: ``Any spending
authority under this Act [see Short Title note above] shall be effective
only to such extent and in such amounts as are provided in appropriation
Acts. For purposes of this Act, the term `spending authority' has the
meaning provided in section 401(c)(2) of the Congressional Budget Act of
1974 [2 U.S.C. 651(c)(2)], except that such term does not include
spending authority for which an exception is made under section 401(d)
of such Act.''
``Secretary'' Defined
Pub. L. 106-541, Sec. 2, Dec. 11, 2000, 114 Stat. 2575, provided
that: ``In this Act [see Tables for classification], the term
`Secretary' means the Secretary of the Army.''
Pub. L. 106-53, Sec. 2, Aug. 17, 1999, 113 Stat. 273, provided that:
``In this Act [see Tables for classification], the term `Secretary'
means the Secretary of the Army.''
Pub. L. 104-303, Sec. 2, Oct. 12, 1996, 110 Stat. 3662, provided
that: ``In this Act [see Tables for classification], the term
`Secretary' means the Secretary of the Army.''
Pub. L. 102-580, Sec. 3, Oct. 31, 1992, 106 Stat. 4801, provided
that: ``For purposes of this Act [see Short Title of 1992 Amendment note
above], the term `Secretary' means the Secretary of the Army.''
Pub. L. 101-640, Sec. 2, Nov. 28, 1990, 104 Stat. 4605, provided
that: ``For purposes of this Act [see Short Title of 1990 Amendment note
above], the term `Secretary' means the Secretary of the Army.''
Pub. L. 100-676, Sec. 2, Nov. 17, 1988, 102 Stat. 4013, provided
that: ``For purposes of this Act [see Short Title of 1988 Amendment note
above], the term `Secretary' means the Secretary of the Army.''
