33-U.S.C.-579A

33-U.S.C.-579A

§579A – Project Deauthorizations

Pathway

Title 33 > Chapter 12 > Subchapter I > Section 579a

Details

  • Reference: Section 579a
  • Legend: §579A – Project Deauthorizations
  • USCode Year: 2013

Provision Content

(a) Funds to be obligated for construction to avoid deauthorization

Any project authorized for construction by this Act shall not be authorized after the last day of the 5-year period beginning on November 17, 1986, unless during such period funds have been obligated for construction, including planning and designing, of such project.

(b) Transmission to Congress of list of unconstructed projects or separable elements authorized but not receiving obligations during 10 fiscal years preceding transmission; two-year updates of list

(1) Not later than one year after November 17, 1986, the Secretary shall transmit to Congress a list of unconstructed projects, or unconstructed separable elements of projects, which have been authorized, but have received no obligations during the 10 full fiscal years preceding the transmittal of such list. A project or separable element included in such list is not authorized after December 31, 1989, if funds have not been obligated for construction of such project or element after November 17, 1986, and before December 31, 1989.

(2) Notwithstanding section 3003 of Public Law 104–66 (31 U.S.C. 1113 note; 109 Stat. 734), every year after the transmittal of the list under paragraph (1), the Secretary shall transmit to Congress a list of projects or separable elements of projects which have been authorized, but have received no obligations during the 5 full fiscal years preceding the transmittal of such list. Upon submission of such list to Congress, the Secretary shall notify each Senator in whose State, and each Member of the House of Representatives in whose district, a project (including any part thereof) on such list would be located. A project or separable element included in such list is not authorized after the date which is the last date of the fiscal year following the fiscal year in which the list is so transmitted if funds have not been obligated for the planning, design, or construction of such project or element during such period.

(c) Deauthorized list; publication in Federal Register

The Secretary shall publish in the Federal Register a list of any projects or separable elements that are deauthorized under this section.

(Pub. L. 99–662, title X, §1001, Nov. 17, 1986, 100 Stat. 4201; Pub. L. 101–640, title I, §119(a), Nov. 28, 1990, 104 Stat. 4630; Pub. L. 104–303, title II, §228(a), Oct. 12, 1996, 110 Stat. 3703; Pub. L. 106–109, §8(d), Nov. 24, 1999, 113 Stat. 1496; Pub. L. 110–114, title II, §2046, Nov. 8, 2007, 121 Stat. 1105.)

References in Text

This Act, referred to in subsec. (a), is Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4082, known as the Water Resources Development Act of 1986. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables.

Amendments

2007—Subsec. (b)(2). Pub. L. 110–114, §2046(3), which directed the substitution of such period for such 30 month period in last sentence, was executed by making the substitution for such 30-month period to reflect the probable intent of Congress.

Pub. L. 110–114, §2046(2), in last sentence, substituted the last date of the fiscal year following the fiscal year in which for 30 months after the date.

Pub. L. 110–114, §2046(1), in first sentence, substituted year for two years and 5 for 7.

1999—Subsec. (b)(2). Pub. L. 106–109, in first sentence, substituted Notwithstanding section 3003 of Public Law 104–66 (31 U.S.C. 1113 note; 109 Stat. 734), every for Every.

1996—Subsec. (b)(2). Pub. L. 104–303 substituted 7 full for 10 full, Upon submission for Before submission, and for the planning, design, or construction for for construction.

1990—Subsec. (b)(2). Pub. L. 101–640 inserted after first sentence Before submission of such list to Congress, the Secretary shall notify each Senator in whose State, and each Member of the House of Representatives in whose district, a project (including any part thereof) on such list would be located.

Project Deauthorizations; Extension of Limitation on Period of Authorization

Pub. L. 100–676, §52(a), Nov. 17, 1988, 102 Stat. 4044, which provided that subsecs. (a) and (c) of this section applied to projects authorized for construction by Pub. L. 100–676 (see Short Title of 1988 Amendment note set out under section 2201 of this title), except that the 5-year period during which funds had to be obligated to prevent deauthorization began on Nov. 17, 1988, and were also to apply to projects authorized for construction subsequent to Pub. L. 100–676, except that 5-year period during which funds had to be obligated to prevent deauthorization began on the date of the authorization of such projects, was repealed by Pub. L. 104–303, title II, §228(b)(1), Oct. 12, 1996, 110 Stat. 3703.

Secretary Defined

Secretary means the Secretary of the Army, see section 2201 of this title.

U.S. Encyclopedia of Law Coverage

33-U.S.C.-567B-1 in the Legal Encyclopedia: Harbor

In this entry about 33-U.S.C.-567B-1, find legal reference material, bibliographies and premiere content related to harbor in the American Encyclopedia of Law, presenting a comprehensive view of the United States harbor-specific issues, written by authorities in the field.

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