r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS wiki — defined terms

“affiliate” applies throughout its chapter

The term “affiliate” means any entity owned or controlled by, any person who owns or controls, or any entity which is under common ownership or control with an applicant, licensee, or any person required to be disclosed pursuant to section subparagraph (A) or (B) of section 1504(c)(2) of this title . (3) Application .—

“application” applies throughout its chapter

The term “application” means an application submitted under this Act for a license for the ownership, construction, and operation of a deepwater port. (4) Citizen of the United States .—

“citizen of the United States” applies throughout its chapter

The term “citizen of the United States” means any person who is a United States citizen by law, birth, or naturalization, any State, any agency of a State or a group of States, or any corporation, partnership, or association organized under the laws of any State which has as its president or other executive officer and as its chairman of the board of directors, or holder of a similar office, a person who is a United States citizen by law, birth or naturalization and which has no more of its directors who are not United States citizens by law, birth or naturalization than constitute a minority of the number required for a quorum necessary to conduct the business of the board.

“coastal environment” applies throughout its chapter

The term “coastal environment” means the navigable waters (including the lands therein and thereunder) and the adjacent shorelines including 1 waters therein and thereunder). The term includes transitional and intertidal areas, bays, lagoons, salt marshes, estuaries, and beaches; the fish, wildlife and other living resources thereof; and the recreational and scenic values of such lands, waters and resources. (6) Coastal State .—

“coastal State” applies throughout its chapter

The term “coastal State” means any State of the United States in or bordering on the Atlantic, Pacific, or Arctic Oceans, or the Gulf of Mexico. (7) Construction .—

“construction” applies throughout its chapter

The term “construction” means the supervising, inspection, actual building, and all other activities incidental to the building, repairing, or expanding of a deepwater port or any of its components, including, but not limited to, pile driving and bulkheading, and alterations, modifications, or additions to the deepwater port. (8) Control .—

“control” applies throughout its chapter

The term “control” means the power, directly or indirectly, to determine the policy, business practices, or decisionmaking process of another person, whether by stock or other ownership interest, by representation on a board of directors or similar body, by contract or other agreement with stockholders or others, or otherwise. (9) Deepwater port .—

“deepwater port” applies throughout its chapter

The term “deepwater port”— (A) means any fixed or floating manmade structure other than a vessel, or any group of such structures, that are located beyond State seaward boundaries and that are used or intended for use as a port or terminal for the transportation, storage, or further handling of oil or natural gas for transportation to or from any State, except as otherwise provided in section 1522 of this title , and for other uses not inconsistent with the purposes of this chapter, including transportation of oil or natural gas from the United States outer continental shelf; (B) includes all components and equipment, including pipelines, pumping stations, service platforms, buoys, mooring …

“Governor” applies throughout its chapter

The term “Governor” means the Governor of a State or the person designated by State law to exercise the powers granted to the Governor pursuant to this chapter. (11) Licensee .—

“licensee” applies throughout its chapter

The term “licensee” means a citizen of the United States holding a valid license for the ownership, construction, and operation of a deepwater port that was issued, transferred, or renewed pursuant to this chapter. (12) Marine environment .—

“marine environment” applies throughout its chapter

The term “marine environment” includes the coastal environment, waters of the contiguous zone, and waters of the high seas; the fish, wildlife, and other living resources of such waters; and the recreational and scenic values of such waters and resources. (13) Natural gas .—

“natural gas” applies throughout its chapter

The term “natural gas” means either natural gas unmixed, or any mixture of natural or artificial gas, including compressed or liquefied natural gas, natural gas liquids, liquefied petroleum gas, and condensate recovered from natural gas. (14) Oil .—

“oil” applies throughout its chapter

The term “oil” means petroleum, crude oil, and any substance refined from petroleum or crude oil. (15) Person .—

“person” applies throughout its chapter

The term “person” includes an individual, a public or private corporation, a partnership or other association, or a government entity. (16) Safety zone .—

“safety zone” applies throughout its chapter

The term “safety zone” means the safety zone established around a deepwater port as determined by the Secretary in accordance with section 1509(d) of this title . (17) Secretary .—

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of Transportation. (18) State .—

“State” applies throughout its chapter

The term “State” includes each of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States. (19) Vessel .—

“vessel” applies throughout its chapter

The term “vessel” means every description of watercraft or other artificial contrivance used as a means of transportation on or through the water.

“amended license application” applies in that section

the term “amended license application” means a license application for a deepwater port for natural gas— (i) that was originally submitted to the Secretary prior to the issuance of the proclamation issued by the President on March 13, 2020 , with respect to the Coronavirus Disease 2019 (COVID–19) pandemic; and (ii) with respect to which the applicant, based on guidance offered by the Secretary, has made subsequent revisions since the submission of the initial license application and submitted such revised application.

“lead agency” applies in that section

the term “lead agency” has the meaning given the term in section 111 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4336e ). (2) Lead agency (A) In general For all applications, the Maritime Administration shall be the Federal lead agency for purposes of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). (B) Effect of compliance Compliance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) in accordance with subparagraph (A) shall fulfill the requirement of the Federal lead agency in carrying out the responsibilities under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) pursuant to this chapter.

“inland waterway user taxes and charges” applies in that section

the term “inland waterway user taxes and charges” means taxes imposed on the use of the inland and intra­coastal waterways of the United States and all alternatives to such taxes. (h) Report Not later than September 30, 1981 , the Secretary of Transportation shall transmit to Congress a final report of the study required by this section, together with his findings and recommendations (including necessary legislation) and the findings and recommendations of the Secretary of Commerce, the Secretary of the Treasury, the Secretary of Agriculture, the Secretary of Energy, the Attorney General of the United States, the Secretary of the Army, the Chairman of the Water Resources Council, and the …

“prize competition” applies throughout its subchapter

The term “prize competition” means the competition for the award of the Genius Prize for Save Our Seas Innovations established under section 1972 of this title . (2) Secretary

“Secretary” applies throughout its subchapter

The term “Secretary” means the Secretary of Commerce.

“Annex V” applies throughout its chapter

The terms “MARPOL”, “Annex V”, and “Convention” have the meaning given those terms under section 1901(a) of this title . (8) Non-Federal funds

“circular economy” applies throughout its chapter

The term “circular economy” has the meaning given such term in section 4201 of this title . (2) Coastal shoreline community

“coastal shoreline community” applies throughout its chapter

The term “coastal shoreline community” means a city or county directly adjacent to the open ocean, major estuaries, or the Great Lakes. (3) EPA Administrator

“Convention” applies throughout its chapter

The terms “MARPOL”, “Annex V”, and “Convention” have the meaning given those terms under section 1901(a) of this title . (8) Non-Federal funds

“EPA Administrator” applies throughout its chapter

The term “EPA Administrator” has the meaning given such term in section 4201 of this title . (4) Indian Tribe

“Indian Tribe” applies throughout its chapter

The term “Indian Tribe” has the meaning given that term in section 5304 of title 25 . (5) Interagency Committee

“Interagency Committee” applies throughout its chapter

The term “Interagency Committee” means the Interagency Marine Debris Coordinating Committee established under section 1954 of this title . (6) Marine debris

“marine debris” applies throughout its chapter

The term “marine debris” means any persistent solid material that is manufactured or processed and directly or indirectly, intentionally or unintentionally, disposed of or abandoned into the marine environment or the Great Lakes. (7) MARPOL; Annex V; Convention

“MARPOL” applies throughout its chapter

The terms “MARPOL”, “Annex V”, and “Convention” have the meaning given those terms under section 1901(a) of this title . (8) Non-Federal funds

“non-Federal funds” applies throughout its chapter

The term “non-Federal funds” means funds provided by— (A) a State; (B) an Indian Tribe; (C) a territory of the United States; (D) one or more units of local governments or Tribal organizations; (E) a foreign government; (F) a private for-profit entity; (G) a nonprofit organization; or (H) a private individual. (9) Nonprofit organization

“nonprofit organization” applies throughout its chapter

The term “nonprofit organization” has the meaning given such term in section 4201 of this title . (10) Post consumer materials management

“post-consumer materials management” applies throughout its chapter

The term “post-consumer materials management” has the meaning given such term in section 4201 of this title . (11) Program

“Program” applies throughout its chapter

The term “Program” means the Marine Debris Program established under section 1952 1 of this title. (12) Severe marine debris event

“severe marine debris event” applies throughout its chapter

The term “severe marine debris event” means atypically large amounts of marine debris caused by a natural disaster, including a tsunami, flood, landslide, or hurricane, or other source. (13) State

“State” applies throughout its chapter

The term “State” means— (A) any State of the United States that is impacted by marine debris within its seaward or Great Lakes boundaries; (B) Indian Tribe; (C) the District of Columbia; (D) American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands; and (E) any other territory or possession of the United States, or separate sovereign in free association with the United States, that is impacted by marine debris within its seaward boundaries. (14) Tribal Government

“Tribal Government” applies throughout its chapter

The term “Tribal Government” means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of December 26, 2025 , pursuant to section 5131 of title 25 . (15) Tribal organization

“Tribal organization” applies throughout its chapter

The term “Tribal organization” has the meaning given the term in section 5304 of title 25 . (16) Under Secretary

“Under Secretary” applies throughout its chapter

The term “Under Secretary” has the meaning given such term in section 4201 of this title .

“artificial reef” applies throughout its chapter

The term “artificial reef” means a structure which is constructed or placed in waters covered under this chapter for the purpose of enhancing fishery resources and commercial and recreational fishing opportunities.;

“State” applies throughout its chapter

The term “State” means a State of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, American Samoa, Guam, Johnston Island, Midway Island, and Wake Island.;

“waters covered under this chapter” applies throughout its chapter

The term “waters covered under this chapter” means the navigable waters of the United States and the waters superjacent to the Outer Continental Shelf as defined in section 1331 of title 43 , to the extent such waters exist in or are adjacent to any State.

“Secretary” applies in that section

the term “Secretary” means the Secretary of the Army.

“covered provision of law” applies in that section

The term “covered provision of law” means a provision of law under the jurisdiction of the Secretary contained in, or amended by, a covered water resources development law, with respect to which— (A) the Secretary determines guidance is necessary in order to implement the provision; and (B) no such guidance has been issued as of October 23, 2018 . (2) Covered water resources development law

“covered water resources development law” applies in that section

The term “covered water resources development law” means— (A) the Water Resources Reform and Development Act of 2014; (B) the Water Resources Development Act of 2016; (C) this Act; and (D) any Federal water resources development law enacted after October 23, 2018 .

“general navigation features” applies in that section

the term “general navigation features” includes constructed land-based and aquatic dredged material disposal facilities that are necessary for the disposal of dredged material required for project construction and for which a contract for construction has not been awarded on or before October 12, 1996 .

“construction” applies in that section

the term “construction” shall include planning, designing, engineering, surveying, the acquisition of all lands, easements, and rights-of-way necessary for the project, including lands for disposal of dredged material, and relocations necessary for the project. (b) Operation and maintenance The Federal share of the cost of operation and maintenance of any project for navigation on the inland waterways is 100 percent.

“separable element” applies in that section

the term “separable element” means a portion of a project— (1) which is physically separable from other portions of the project; and (2) which— (A) achieves hydrologic effects, or (B) produces physical or economic benefits, which are separately identifiable from those produced by other portions of the project. (g) Deferral of payment (1) With respect to the projects listed in paragraph (2), no amount of the non-Federal share required under this section shall be required to be paid during the three-year period beginning on November 17, 1986 .

“detailed project report” applies in that section

The term “detailed project report” means a report for a project not specifically authorized by Congress in law or otherwise that determines the feasibility of the project with a level of detail appropriate to the scope and complexity of the recommended solution and sufficient to proceed directly to the preparation of contract plans and specifications. The term includes any associated environmental impact statement and mitigation plan. For a project for which the Federal cost does not exceed $1,000,000, the term includes a planning and design analysis document. (2) Feasibility study

“feasibility study” applies in that section

The term “feasibility study” means a study that results in a feasibility report under section 2282 of this title , and any associated environmental impact statement and mitigation plan, prepared by the Corps of Engineers for a water resources project. The term includes a study that results in a project implementation report prepared under title VI of the Water Resources Development Act of 2000 ( 114 Stat. 2680–2694 ), a general reevaluation report, and a limited reevaluation report.

“discrete segment” applies in that section

the term “discrete segment” means a physical portion of a water resources development project to be carried out, or separable element thereof— (i) described by a non-Federal interest in a written agreement required under paragraph (1)(A)(iii); and (ii) that the non-Federal interest can operate and maintain, independently and without creating a hazard, in advance of final completion of the water resources development project, or separable element thereof.

“water resources development project” applies in that section

the term “water resources development project” means a project recommendation that results from— (1) a feasibility report, as such term is defined in section 2282d(f) 1 of this title; (2) a completed feasibility study developed under section 2231 of this title ; or (3) a final feasibility study for water resources development and conservation and other purposes that is specifically authorized by Congress to be carried out by the Secretary.

“constructed width and depth” applies in that section

The term “constructed width and depth” means the width and depth to which a project has been constructed, which may not exceed the authorized width and depth of the project. (2) Emerging harbor

“eligible harbor or inland harbor” applies in that section

the term “eligible harbor or inland harbor” means a harbor or inland harbor at which the total amount of harbor maintenance taxes collected in the immediately preceding 3 fiscal years exceeds the value of the work carried out for the harbor or inland harbor using amounts from the Harbor Maintenance Trust Fund during those 3 fiscal years. (B) Use of expanded uses funds (i) Fiscal years 2015 through 2024 For each of fiscal years 2015 through 2024, of the priority funds available, the Secretary shall use not less than 10 percent of such funds for expanded uses carried out at an eligible harbor or inland harbor.

“emerging harbor” applies in that section

The term “emerging harbor” means a harbor or inland harbor referred to in subsection (a)(2) that transits less than 1,000,000 tons of cargo annually. (3) Emerging harbor project

“emerging harbor project” applies in that section

The term “emerging harbor project” means a project that is assigned to an emerging harbor. (4) Expanded uses

“expanded uses” applies in that section

The term “expanded uses” means the following activities: (A) The maintenance dredging of a berth in a harbor that is accessible to a Federal navigation project and that benefits commercial navigation at the harbor. (B) The maintenance dredging and disposal of legacy-contaminated sediment, and sediment unsuitable for open water disposal, if— (i) such dredging and disposal benefits commercial navigation at the harbor; and (ii) such sediment is located in and affects the maintenance of a Federal navigation project or is located in a berth that is accessible to a Federal navigation project.

“Great Lakes Navigation System” applies in that section

The term “Great Lakes Navigation System” includes— (A) (i) Lake Superior; (ii) Lake Huron; (iii) Lake Michigan; (iv) Lake Erie; and (v) Lake Ontario; (B) all connecting waters between the lakes referred to in subparagraph (A) used for commercial navigation; (C) any navigation features in the lakes referred to in subparagraph (A) or waters described in subparagraph (B) that are a Federal operation or maintenance responsibility; and (D) areas of the Saint Lawrence River that are operated or maintained by the Federal Government for commercial navigation. (6) Harbor maintenance tax

“harbor maintenance tax” applies in that section

The term “harbor maintenance tax” means the amounts collected under section 4461 of title 26 . (7) Moderate-use harbor project

“moderate-use harbor project” applies in that section

The term “moderate-use harbor project” means a project that is assigned to a harbor or inland harbor referred to in subsection (a)(2) that transits annually— (A) more than 1,000,000 tons of cargo; but (B) less than 10,000,000 tons of cargo. (8) Priority funds

“priority funds” applies in that section

The term “priority funds” means the difference between— (A) the total funds that are made available under this section to pay the costs described in subsection (a)(2) for a fiscal year; and (B) the total funds made available under this section to pay the costs described in subsection (a)(2) in fiscal year 2012. (9) Underserved harbor project (A) In general

“underserved harbor project” applies in that section

The term “underserved harbor project” means a project that is assigned to a harbor or inland harbor referred to in subsection (a)(2)— (i) that is a moderate-use harbor project or an emerging harbor project; (ii) that has been maintained at less than the constructed width and depth of the project during each of the preceding 6 fiscal years; and (iii) for which State and local investments in infrastructure have been made at those projects during the preceding 6 fiscal years.

“total amount of harbor maintenance taxes received” applies in that section

The term “total amount of harbor maintenance taxes received” means, with respect to a fiscal year, the aggregate of amounts appropriated, transferred, or credited to the Harbor Maintenance Trust Fund under section 9505(a) of title 26 for that fiscal year as set forth in the current year estimate provided in the President’s budget request for the subsequent fiscal year, submitted pursuant to section 1105 of title 31 . (2) Total budget resources

“total budget resources” applies in that section

The term “total budget resources” means the total amount made available by appropriations Acts from the Harbor Maintenance Trust Fund for a fiscal year for making expenditures under section 9505(c) of title 26 . (b) Target appropriations (1) In general Except as provided in subsection (c), the target total budget resources made available to the Secretary from the Harbor Maintenance Trust Fund for a fiscal year shall be not less than the following: (A) For fiscal year 2015, 67 percent of the total amount of harbor maintenance taxes received in fiscal year 2014. (B) For fiscal year 2016, 69 percent of the total amount of harbor maintenance taxes received in fiscal year 2015.

“cargo container” applies in that section

The term “cargo container” means a cargo container that is 1 Twenty-foot Equivalent Unit. (2) Discretionary cargo

“discretionary cargo” applies in that section

The term “discretionary cargo” means maritime cargo for which the United States port of unlading is different than the United States port of entry. (3) Donor port (A) In general

“donor port” applies in that section

The term “donor port” means a port— (i) that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or a successor regulation); (ii) at which the total amount of harbor maintenance taxes collected (including the estimated taxes related to domestic cargo and cruise passengers) comprise not less than $15,000,000 annually of the total funding of the Harbor Maintenance Trust Fund on an average annual basis for the previous 3 fiscal years; (iii) that received less than 25 percent of the total amount of harbor maintenance taxes collected (including the estimated taxes related to domestic cargo and cruise passengers) at that port in the previous 3 …

“energy commodity” applies in that section

The term “energy commodity” includes— (A) petroleum products; (B) natural gas; (C) coal; (D) wind and solar energy components; and (E) biofuels. (5) Energy transfer port

“energy transfer port” applies in that section

The term “energy transfer port” means a port— (A) that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or any successor regulation); and (B) (i) at which energy commodities comprised greater than 25 percent of all commercial activity by tonnage on an average annual basis for the previous 3 fiscal years; and (ii) through which more than 40,000,000 tons of cargo were transported on an average annual basis for the previous 3 fiscal years. (6) Expanded uses

“expanded uses” applies in that section

The term “expanded uses” has the meaning given the term in section 2238(f) of this title . (7) Harbor maintenance tax

“harbor maintenance tax” applies in that section

The term “harbor maintenance tax” has the meaning given the term in section 2238(f) of this title . (8) Harbor maintenance trust fund

“Harbor Maintenance Trust Fund” applies in that section

The term “Harbor Maintenance Trust Fund” means the Harbor Maintenance Trust Fund established by section 9505 of title 26 . (9) Medium-sized donor port

“medium-sized donor port” applies in that section

The term “medium-sized donor port” means a port— (A) that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or a successor regulation); (B) at which the total amount of harbor maintenance taxes collected (including the estimated taxes related to domestic cargo and cruise passengers) comprise annually more than $5,000,000 but less than $15,000,000 of the total funding of the Harbor Maintenance Trust Fund on an average annual basis for the previous 3 fiscal years; (C) that received less than 25 percent of the total amount of harbor maintenance taxes collected (including the estimated taxes related to domestic cargo and cruise passengers) at …

“project” applies in that section

The term “project” means a single cycle of maintenance dredging of an underserved community harbor and any associated placement of dredged material at a beneficial use placement site or disposal site. (2) Underserved community harbor

“underserved community harbor” applies in that section

The term “underserved community harbor” means an emerging harbor (as defined in section 2238(f) of this title ), a harbor where passenger or freight service is provided to island communities dependent on that service, or a marina or berthing area that is located adjacent to, or is accessible by, a Federal navigation project, for which— (A) no Federal funds have been obligated for maintenance dredging in the current fiscal year or in any of the 4 preceding fiscal years; and (B) State and local investments in infrastructure have been made during any of the 4 preceding fiscal years.

“deep-draft harbor” applies throughout its subchapter

The term “deep-draft harbor” means a harbor which is authorized to be constructed to a depth of more than 45 feet (other than a project which is authorized by section 202 of this title ). (2) Eligible operations and maintenance (A) Except as provided in subparagraph (B),

“eligible operations and maintenance” applies throughout its subchapter

the term “eligible operations and maintenance” means all Federal operations, maintenance, repair, and rehabilitation, including (i) maintenance dredging reasonably necessary to maintain the width and nominal depth of any harbor or inland harbor; (ii) the construction of dredged material disposal facilities that are necessary for the operation and maintenance of any harbor or inland harbor; (iii) dredging and disposing of contaminated sediments that are in or that affect the maintenance of Federal navigation channels; (iv) mitigating for impacts resulting from Federal navigation operation and maintenance activities; and (v) operating and maintaining dredged material disposal facilities.

“general cargo harbor” applies throughout its subchapter

The term “general cargo harbor” means a harbor for which a project is authorized by section 202 of this title and any other harbor which is authorized to be constructed to a depth of more than 20 feet but not more than 45 feet; (4) Harbor

“harbor” applies throughout its subchapter

The term “harbor” means any channel or harbor, or element thereof, in the United States, capable of being utilized in the transportation of commercial cargo in domestic or foreign waterborne commerce by commercial vessels. The term does not include— (A) an inland harbor; (B) the Saint Lawrence Seaway; (C) local access or berthing channels; (D) channels or harbors constructed or maintained by nonpublic interests; and (E) any portion of the Columbia River other than the channels on the downstream side of Bonneville lock and dam. (5) Inland harbor

“inland harbor” applies throughout its subchapter

The term “inland harbor” means a navigation project which is used principally for the accommodation of commercial vessels and the receipt and shipment of waterborne cargoes on inland waters. The term does not include— (A) projects on the Great Lakes; (B) projects that are subject to tidal influence; (C) projects with authorized depths of greater than 20 feet; (D) local access or berthing channels; and (E) projects constructed or maintained by nonpublic interests. (6) Nominal depth

“nominal depth” applies throughout its subchapter

The term “nominal depth” means, in relation to the stated depth for any navigation improvement project, such depth, including any greater depths which must be maintained for any harbor or inland harbor or element thereof included within such project in order to ensure the safe passage at mean low tide of any vessel requiring the stated depth. (7) Non-Federal interest

“non-Federal interest” applies throughout its subchapter

The term “non-Federal interest” has the meaning such term has under section 1962d–5b of title 42 and includes any interstate agency and port authority established under a compact entered into between two or more States with the consent of Congress under section 10 of Article I of the Constitution. (8) United States

“United States” applies throughout its subchapter

The term “United States” means all areas included within the territorial boundaries of the United States, including the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Northern Mariana Islands, and any other territory or possession over which the United States exercises jurisdiction.

“bypass” applies in that section

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

“emergency condition” applies in that section

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.

“ecological success” applies in that section

the term “ecological success” means— (A) achieving a tenfold increase in native oyster biomass by the year 2010, from a 1994 baseline; and (B) the establishment of a sustainable fishery as determined by a broad scientific and economic consensus. In carrying out paragraph (4), 1 the Chief of Engineers may solicit participation by and the services of commercial watermen in the construction of the reefs.

“territory of the United States” applies in that section

the term “territory of the United States” means an insular area specified in section 2310(a)(1) of this title .

“Indian tribe” applies in that section

The terms “Indian tribe” and “Indian Tribe” have the meanings given

“inter-tribal consortium” applies in that section

The term “inter-tribal consortium” has the meaning given the term in section 3202 of title 25 . (3) Tribal organization

“Tribal organization” applies in that section

The term “Tribal organization” has the meaning given the term in section 5304 of title 25 . (b) Program (1) In general In cooperation with Indian tribes, inter-tribal consortiums, Tribal organizations, and the heads of other Federal agencies, the Secretary may carry out water-related planning activities, or activities relating to the study, design, and construction of water resources development projects, that— (A) will substantially benefit Indian tribes, inter-tribal consortiums, or Tribal organizations; and (B) are located primarily within Indian country (as defined in section 1151 of title 18 , and including lands that are within the jurisdictional area of an Oklahoma Indian tribe, as …

“Tribal community” applies in that section

The term “Tribal community” means a community of people who are recognized and defined under Federal law as indigenous people of the United States. (2) Tribal Liaison

“Tribal Liaison” applies in that section

The term “Tribal Liaison” means a permanent employee of a Corps of Engineers district whose primary responsibilities are to— (A) serve as a direct line of communication between the District Commander and the Tribal communities within the boundaries of the Corps of Engineers district; and (B) ensure consistency in government-to-government relations.

“continuing authority program” applies in that section

the term “continuing authority program” has the meaning given that term in section 2282d(c)(1)(D) of this title . (5) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $150,000,000 for each fiscal year. (b) Authorizations of Appropriations (1) Emergency streambank and shoreline protection Notwithstanding section 701r of this title , there is authorized to be appropriated to carry out such section $25,500,000 for each of fiscal years 2021 through 2024.

“feasibility report” applies in that section

the term “feasibility report” means each feasibility report, and any associated environmental impact statement and mitigation plan, prepared by the Corps of Engineers for a water resources project. The term includes a project implementation report prepared under title VI of the Water Resources Development Act of 2000 ( 114 Stat. 2680–2694 ), a general reevaluation report, and a limited reevaluation report.

“annual report” applies in that section

The term “annual report” means a report required by subsection (a). (2) Feasibility report (A) In general

“continuing authority program” applies in that section

the term “continuing authority program” means any of— (I) section 701r of this title ; (II) section 426g of this title ; (III) section 577 of this title ; (IV) section 426i of this title ; (V) section 2326 of this title ; (VI) section 701s of this title ; (VII) section 2330 of this title ; (VIII) section 701g of this title ; (IX) section 2309a of this title ; and (X) section 2289b of this title .

“feasibility report” applies in that section

The term “feasibility report” means a final feasibility report developed under section 2282 of this title . (B) Inclusions

“feasibility study” applies in that section

The term “feasibility study” has the meaning given that term in section 2215 of this title . (4) Non-Federal interest

“non-Federal interest” applies in that section

The term “non-Federal interest” has the meaning given that term in section 1962d–5b of title 42 . (5) Water resources development project

“water resources development project” applies in that section

The term “water resources development project” includes a project under an environmental infrastructure assistance program.

“non-Federal interest” applies in that section

The term “non-Federal interest” has the meaning given that term in section 1962d–5b of title 42 . (2) Water resources development project

“water resources development project” applies in that section

The term “water resources development project” includes a separable element of a project, a project under an environmental infrastructure assistance program, and a project the authorized purposes of which include water supply.

“post-authorization change report” applies in that section

the term “post-authorization change report” includes— (1) a general reevaluation report; (2) a limited reevaluation report; and (3) any other report that recommends the modification of an authorized water resources development project.

“compound flooding” applies in that section

The term “compound flooding” means a flooding event in which two or more flood drivers, such as coastal storm surge-driven flooding and inland rainfall-driven flooding, occur simultaneously or in close succession and the potential adverse effects of the combined flood drivers may be greater than that of the individual flood driver components. (2) Economic The term “economic”, as used in reference to models, means relating to the evaluation of benefits and cost attributable to a project for an economic justification under section 1962–2 of title 42 .

“natural feature” applies in that section

The term “natural feature” means a feature that is created through the action of physical, geological, biological, and chemical processes over time. (2) Nature-based feature

“nature-based feature” applies in that section

The term “nature-based feature” means a feature that is created by human design, engineering, and construction to provide risk reduction by acting in concert with natural processes. (b) Requirement In studying the feasibility of projects for flood risk management, hurricane and storm damage reduction, and ecosystem restoration the Secretary shall, with the consent of the non-Federal sponsor of the feasibility study, consider, as appropriate— (1) natural features; (2) nature-based features; (3) nonstructural measures; and (4) structural measures.

“water resources project constructed by the Secretary” applies in that section

the term “water resources project constructed by the Secretary” includes a water resources project constructed or funded jointly by the Secretary and the head of any other Federal agency (including the Natural Resources Conservation Service).

“study” applies in that section

the term “study” includes a watershed assessment. (d) Application The Secretary shall apply the waiver amount described in subsection (a) to reduce only the non-Federal share of study and project costs.

“innovative technology” applies in that section

the term “innovative technology” means designs, methods, or materials, including roller compacted concrete, geosynthetic materials, and advanced composites, that the Secretary determines are appropriate to carry out this section.

“United States firm” applies in that section

The term “United States firm” means a corporation, partnership, limited partnership, or sole proprietorship that is incorporated or established under the laws of any of the United States with its principal place of business in the United States. (2) United States The term “United States”, when used in a geographical sense, means the several States of the United States and the District of Columbia.

“balance sheet” applies in that section

the term “balance sheet” means a document that describes— (1) the funds provided by each Federal and non-Federal interest for a water resources development project; and (2) the status of those funds. (b) Establishment of balance sheet Each district of the Corps of Engineers shall, using the authority of the Secretary under section 2315 of this title — (1) maintain a balance sheet for each water resources development project carried out by the Secretary for which a non-Federal cost share is required; and (2) on request of a non-Federal interest that provided funds for the project, provide to the non-Federal interest a copy of the balance sheet.

“eligible non-Federal interest” applies in that section

the term “eligible non-Federal interest” means a non-Federal interest that owns or operates an existing non-Federal hydropower facility at a Corps of Engineers water resources development project. (2) Evaluation (A) In general On the written request of an eligible non-Federal interest, the Secretary shall conduct an evaluation to consider operational changes at the applicable project to facilitate production of non-Federal hydropower, consistent with authorized project purposes. The Secretary shall solicit input from interested stakeholders as part of the evaluation.

“low income community” applies in that section

The term “low income community” means— (1) a community with a population of less than 20,000 which is located in a county with a per capita income less than the per capita income of two-thirds of the counties in the United States; or (2) a regional water system that serves a population of less than 100,000, for which the per capita income is less than the per capita income of not less than 50 percent of the counties in the United States.

“covered area” applies in that section

The term “covered area” means an area— (A) for which the Governor of a State has requested a determination that an emergency exists; or (B) covered by an emergency or major disaster declaration declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq.). (2) Emergency period

“emergency period” applies in that section

The term “emergency period” means— (A) with respect to a covered area described in paragraph (1)(A), the period during which the Secretary determines an emergency exists; and (B) with respect to a covered area described in paragraph (1)(B), the period during which the applicable declaration is in effect.

“gross capacity” applies in that section

The term “gross capacity” means the total quantity of dredged material that may be placed in a dredged material disposal facility, taking into consideration any additional capacity that can be constructed at the facility. (B) Non-Federal disposal facility

“non-Federal disposal facility” applies in that section

The term “non-Federal disposal facility” means a dredged material disposal facility under the jurisdiction of, or managed by, the Secretary that is owned by a non-Federal entity. (c) Dredged material facility (1) In general The Secretary may enter into a partnership agreement under section 1962d–5b of title 42 with one or more non-Federal interests with respect to a water resources project, or group of water resources projects within a geographic region, if appropriate, for the acquisition, design, construction, management, or operation of a dredged material processing, treatment, contaminant reduction, or disposal facility (including any facility used to demonstrate potential beneficial …

“Great Lakes States” applies in that section

the term “Great Lakes States” means the States of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin. (g) Coastal mapping The Secretary shall develop and carry out a plan for the recurring mapping of coastlines that are experiencing rapid change, including such coastlines in— (1) Alaska; (2) Hawaii; and (3) any territory or possession of the United States. (h) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary to carry out this section $5,000,000 for each of fiscal years 1998 through 2001.

“rehabilitation” applies in that section

the term “rehabilitation” means— (1) major project feature restoration— (A) which consists of structural work on an inland navigation facility operated and maintained by the Corps of Engineers; (B) which will significantly extend the physical life of the feature; (C) which is economically justified by a benefit-cost analysis; (D) which will take at least 2 years to complete; and (E) (i) which is initially funded before October 1, 1994 , and will require at least $5,000,000 in capital outlays; or (ii) which is initially funded on or after such date and will require at least $20,000,000 in capital outlays; and (2) structural modification of a major project component (not exhibiting …

“eligible pump station” applies in that section

The term “eligible pump station” means a pump station— (A) that is a feature of— (i) a federally authorized flood or coastal storm risk management project; or (ii) an integrated flood risk reduction system that includes a federally authorized flood or coastal storm risk management project; and (B) the failure of which the Secretary has determined would demonstrably impact the function of the federally authorized flood or coastal storm risk management project.

“non-Federal public entity” applies in that section

The term “non-Federal public entity” means a non-Federal public entity as defined in the memorandum issued by the Corp of Engineers on April 4, 2018 , and titled “Implementation Guidance for Section 1155, Management of Recreation Facilities, of the Water Resources Development Act (WRDA) of 2016, Public Law 114–322 ”. (2) Private nonprofit entity

“private nonprofit entity” applies in that section

The term “private nonprofit entity” means an organization that is described in section 501(c) of title 26 and exempt from taxation under section 501(a) of that title.

“eligible entity” applies in that section

the term “eligible entity” means— (1) any State, Indian Tribe, irrigation district, or water district; (2) any State, regional, or local authority, the members of which include 1 or more organizations with water or power delivery authority; (3) any other entity or organization that owns a facility that is eligible for upgrade, modification or removal under this section; (4) any nonprofit conservation organization, acting in partnership with any entity listed in paragraphs (1) through (3), with respect to a project involving land or infrastructure owned by the entity; and (5) an agency established under State law for the joint exercise of powers or a combination of entities described in …

“economically disadvantaged community” applies in that section

The term “economically disadvantaged community” has the meaning given the term as defined by the Secretary under section 160 of the Water Resources Development Act of 2020 ( 33 U.S.C. 2201 note). (2) Natural feature; nature-based feature

“natural feature” applies in that section

The terms “natural feature” and “nature-based feature” have the meanings given those terms in section 2289a(a) of this title .

“nature-based feature” applies in that section

The terms “natural feature” and “nature-based feature” have the meanings given those terms in section 2289a(a) of this title .

“Indian tribe” applies in that section

the term “Indian tribe” has the meaning given the term in section 5304 of title 25 . (b) Reburial (1) Reburial areas In consultation with affected Indian tribes, the Secretary may identify and set aside areas at civil works projects of the Department of the Army that may be used to rebury Native American remains that— (A) have been discovered on project land; and (B) have been rightfully claimed by a lineal descendant or Indian tribe in accordance with applicable Federal law.

“eligible organization” applies in that section

The term “eligible organization” means an organization that— (A) is described in section 501(c)(3), and exempt from Federal tax under section 501(a), of title 26; (B) is independent; (C) is free from conflicts of interest; (D) does not carry out or advocate for or against Federal water resources projects; and (E) has experience in establishing and administering peer review panels. (4) Total cost The term “total cost”, as used with respect to a water resources project, means the cost of construction (including planning and designing) of the project.

“project study” applies in that section

The term “project study” means— (A) a feasibility study or reevaluation study for a water resources project, including the environmental impact statement prepared for the study; and (B) any other study associated with a modification of a water resources project that includes an environmental impact statement, including the environmental impact statement prepared for the study. (2) Affected State The term “affected State”, as used with respect to a water resources project, means a State all or a portion of which is within the drainage basin in which the project is or would be located and would be economically or environmentally affected as a consequence of the project.

“environmental impact statement” applies in that section

The term “environmental impact statement” means the detailed statement of environmental impacts of a project required to be prepared pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). (2) Environmental review process (A) In general

“environmental review process” applies in that section

The term “environmental review process” means the process of preparing an environmental impact statement, environmental assessment, categorical exclusion, or other document under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) for a project study. (B) Inclusions

“Federal jurisdictional agency” applies in that section

The term “Federal jurisdictional agency” means a Federal agency with jurisdiction delegated by law, regulation, order, or otherwise over a review, analysis, opinion, statement, permit, license, or other approval or decision required for a project study under applicable Federal laws (including regulations). (4) Federal lead agency

“Federal lead agency” applies in that section

The term “Federal lead agency” means the Corps of Engineers. (5) Project

“project” applies in that section

The term “project” means a water resources development project to be carried out by the Secretary. (6) Project sponsor

“project sponsor” applies in that section

The term “project sponsor” has the meaning given the term “non-Federal interest” in section 1962d–5b(b) of title 42 . (7) Project study

“project study” applies in that section

The term “project study” means a feasibility study for a project carried out pursuant to section 2282 of this title . (b) Applicability (1) In general This section— (A) shall apply to each project study that is initiated after June 10, 2014 , and for which an environmental impact statement is prepared under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.); and (B) may be applied, to the extent determined appropriate by the Secretary, to other project studies initiated after June 10, 2014 , and for which an environmental review process document is prepared under that Act.

“categorical exclusion” applies in that section

The term “categorical exclusion” has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation). (2) Environmental assessment

“environmental assessment” applies in that section

The term “environmental assessment” has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation). (3) Environmental impact statement

“environmental impact statement” applies in that section

The term “environmental impact statement” means a detailed written statement required under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ). (4) Finding of no significant impact

“finding of no significant impact” applies in that section

The term “finding of no significant impact” has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation). (5) Project study

“project study” applies in that section

The term “project study” means a feasibility study for a project carried out pursuant to section 2282 of this title for which a categorical exclusion may apply, or an environmental assessment or an environmental impact statement is required, pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). (b) Reports (1) NEPA data (A) In general The Secretary shall carry out a process to track, and annually submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, a report containing the information described in subparagraph (B).

“corrosion prevention activities” applies in that section

the term “corrosion prevention activities” means— (1) the application and inspection of protective coatings for complex work involving steel and cementitious structures, including structures that will be exposed in immersion; (2) the installation, testing, and inspection of cathodic protection systems; (3) the carrying out of an activity described in paragraph (1) or (2) through a program in corrosion prevention that is— (A) offered or accredited by an organization that sets industry standards for corrosion mitigation and prevention; or (B) an industrial coatings applicator program that is— (i) an employment and training activity (as defined in section 3102 of title 29 ); or (ii) registered …

“Indian Tribe” applies in that section

The term “Indian Tribe” means— (i) an Indian Tribe, as such term is defined in section 5304 of title 25 ; and (ii) any entity formed under the authority of one or more Indian Tribes, as so defined. (2) Permit processing (A) In general The Secretary, after public notice, may accept and expend funds contributed by a non-Federal public entity or a public-utility company, Indian Tribe, natural gas company, or railroad carrier to expedite the evaluation of a permit of that entity, company, or carrier related to a project or activity for a public purpose under the jurisdiction of the Department of the Army, including an aquatic ecosystem restoration project.

“natural gas company” applies in that section

The term “natural gas company” has the meaning given the term in section 16451 of title 42 , except that the term also includes a person engaged in the transportation of natural gas in intrastate commerce. (B) Public-utility company

“public-utility company” applies in that section

The term “public-utility company” has the meaning given the term in section 16451 of title 42 . (C) Railroad carrier

“railroad carrier” applies in that section

The term “railroad carrier” has the meaning given the term in section 20102 of title 49 . (D) Indian Tribe

“aging infrastructure” applies in that section

The term “aging infrastructure” means a water resources development project of the Corps of Engineers, or any other water resources, water storage, or irrigation project of another Federal agency, that is greater than 75 years old. (2) Enhanced inspection

“enhanced inspection” applies in that section

The term “enhanced inspection” means an inspection that uses current or innovative technology, including Light Detection and Ranging (commonly known as “LiDAR”), ground penetrating radar, subsurface imaging, or subsurface geophysical techniques, to detect whether the features of the aging infrastructure are structurally sound and can operate as intended, or are at risk of failure. (b) Contracts for enhanced inspection (1) In general The Secretary may carry out enhanced inspections of aging infrastructure, pursuant to a contract with the owner or operator of the aging infrastructure.