Francisquito Creek, and Upper Penitencia Creek; (7) Pond Creek, Kentucky; (8) Red River of the North, Minnesota, North Dakota, and South Dakota; (9) Connecticut River, New Hampshire; (11) Southwest Valley, Albuquerque, New Mexico; (12) Upper Delaware River, New York; (13) Briar Creek, North Carolina; (14) Chagrin River, Ohio; (15) Mill Creek, Cincinnati, Ohio; (16) Tillamook County, Oregon; (17) Willamette River basin, Oregon; (18) Blair County, Pennsylvania, at Altoona and Frankstown Township; (19) Delaware River, Pennsylvania; (20) Schuylkill River, Pennsylvania; (21) Providence County, Rhode Island; (f) Program review (1) In general The program established under this section shall be subject to an independent review to evaluate the efficacy of the program in achieving the dual goals of flood hazard mitigation and riverine restoration. (2) Report Not later than April 15, 2003, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the findings of the review conducted under this subsection with any recommendations concerning continuation of the program. (g) Maximum Federal cost per project Not more than $30,000,000 may be expended by the United States on any single project under this section. (h) Procedure (1) All projects The Secretary shall not implement any project under this section until (A) the Secretary submits to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written notification describing the project and the determinations made under subsection (d)(1) of this section; and (B) 21 calendar days have elapsed after the date on which the notification was received by the committees. (2) Projects exceeding $15,000,000 (A) Limitation on appropriations No appropriation shall be made to construct any project under this section the total Federal cost of construction of which exceeds $15,000,000 if the project has not been approved by resolutions adopted by the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate. (B) Report For the purpose of securing consideration of approval under this paragraph, the Secretary shall submit a report on the proposed project, including all relevant data and information on all costs. (i) Authorization of appropriations (1) In general There are authorized to be appropriated to carry out this section (A) $20,000,000 for fiscal year 2001; (B) $30,000,000 for fiscal year 2002; and (C) $50,000,000 for each of fiscal years 2003 through 2005. (2) Full funding All studies and projects carried out under this section from Army Civil Works appropriations shall be fully funded within the program funding levels provided in this subsection. (Pub. L. 106-53, title II, §212, Aug. 17, 1999, 113 Stat. 288.) CODIFICATION Section was enacted as part of the Water Resources Development Act of 1999, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. "SECRETARY" DEFINED Secretary means the Secretary of the Army, see section 2 of Pub. L. 106-53, set out as a note under section 2201 of this title. § 2333. Irrigation diversion protection and fisheries enhancement assistance (a) In general The Secretary may provide technical planning and design assistance to non-Federal interests and may conduct other site-specific studies to formulate and evaluate fish screens, fish passages devices, and other measures to decrease the incidence of juvenile and adult fish inadvertently entering irrigation systems. (b) Cooperation Measures under subsection (a) of this section(1) shall be developed in cooperation with Federal and State resource agencies; and (2) shall not impair the continued withdrawal of water for irrigation purposes. (c) Priority In providing assistance under subsection (a) of this section, the Secretary shall give priority based on (1) the objectives of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (2) cost-effectiveness; and (3) the potential for reducing fish mortality. (d) Non-Federal share (1) In general The non-Federal share of the cost of measures under subsection (a) of this section shall be 50 percent. (2) In-kind contributions Not more than 50 percent of the non-Federal contribution may be made through the provision of services, materials, supplies, or other in-kind contributions. (e) No construction activity This section does not authorize any construction activity. (f) Report Not later than 2 years after August 17, 1999, the Secretary shall submit to Congress a report on (1) fish mortality caused by irrigation water intake devices; (2) appropriate measures to reduce fish mortality; (3) the extent to which those measures are currently being employed in arid States; (4) the construction costs associated with those measures; and (5) the appropriate Federal role, if any, to encourage the use of those measures. (Pub. L. 106-53, title V, §515, Aug. 17, 1999, 113 Stat. 344.) REFERENCES IN TEXT The Endangered Species Act of 1973, referred to in subsec. (c)(1), is Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as amended, which is classified generally to chapter 35 (§ 1531 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of Title 16 and Tables. CODIFICATION Section was enacted as part of the Water Resources Development Act of 1999, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. "SECRETARY" DEFINED Secretary means the Secretary of the Army, see section 2 of Pub. L. 106-53, set out as a note under section 2201 of this title. § 2334. Innovative technologies for watershed restoration The Secretary shall examine using, and, if appropriate, encourage the use of, innovative treatment technologies, including membrane technologies, for watershed and environmental restoration and protection projects involving water quality. (Pub. L. 106-53, title V, §516, Aug. 17, 1999, 113 Stat. 344.) CODIFICATION Section was enacted as part of the Water Resources Development Act of 1999, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. "SECRETARY" DEFINED Secretary means the Secretary of the Army, see section 2 of Pub. L. 106-53, set out as a note under section 2201 of this title. § 2335. Coastal aquatic habitat management (a) In general The Secretary may cooperate with the Secretaries of Agriculture and the Interior, the Administrators of the Environmental Protection Agency and the National Oceanic and Atmospheric Administration, other appropriate Federal, State, and local agencies, and affected private entities, in the development of a manage ment strategy to address problems associated with toxic microorganisms and the resulting degradation of ecosystems in the tidal and nontidal wetlands and waters of the United States. (b) Assistance As part of the management strategy, the Secretary may provide planning, design, and other technical assistance to each participating State in the development and implementation of nonregulatory measures to mitigate environmental problems and restore aquatic resources. (c) Cost sharing The Federal share of the cost of measures undertaken under this section shall not exceed 65 percent. (d) Operation and maintenance The non-Federal share of operation and maintenance costs for projects constructed with assistance provided under this section shall be 100 percent. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section $7,000,000 for the period beginning with fiscal year 2000. (Pub. L. 106-53, title V, § 559, Aug. 17, 1999, 113 Stat. 354.) CODIFICATION Section was enacted as part of the Water Resources Development Act of 1999, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. "SECRETARY" DEFINED Secretary means the Secretary of the Army, see section 2 of Pub. L. 106-53, set out as a note under section 2201 of this title. § 2336. Abandoned and inactive noncoal mine restoration (a) In general The Secretary may provide technical, planning, and design assistance to Federal and nonFederal interests for carrying out projects to address water quality problems caused by drainage and related activities from abandoned and inactive noncoal mines. (b) Specific measures Assistance provided under subsection (a) of this section may be in support of projects for the purposes of (1) managing drainage from abandoned and inactive noncoal mines; (2) restoring and protecting streams, rivers, wetlands, other waterbodies, and riparian areas degraded by drainage from abandoned and inactive noncoal mines; and (3) demonstrating management practices and innovative and alternative treatment technologies to minimize or eliminate adverse environmental effects associated with drainage from abandoned and inactive noncoal mines. (c) Non-Federal share The non-Federal share of the cost of assistance under subsection (a) of this section shall be 50 percent, except that the Federal share with respect to projects located on land owned by the United States shall be 100 percent. (d) Effect on authority of Secretary of the Interior Nothing in this section affects the authority of the Secretary of the Interior under title IV of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.). (e) Technology database for reclamation of abandoned mines The Secretary may provide assistance to nonFederal and nonprofit entities to develop, manage, and maintain a database of conventional and innovative, cost-effective technologies for reclamation of abandoned and inactive noncoal mine sites. Such assistance shall be provided through the Rehabilitation of Abandoned Mine Sites Program managed by the Sacramento District Office of the Corps of Engineers. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $5,000,000. (Pub. L. 106-53, title V, §560, Aug. 17, 1999, 113 Stat. 354.) REFERENCES IN TEXT The Surface Mining Control and Reclamation Act of 1977, referred to in subsec. (d), is Pub. L. 95-87, Aug. 3, 1977, 91 Stat. 445, as amended. Title IV of the Act is classified generally to subchapter IV (§1231 et seq.) of chapter 25 of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out under section 1201 of Title 30 and Tables. CODIFICATION Section was enacted as part of the Water Resources Development Act of 1999, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. "SECRETARY" DEFINED Secretary means the Secretary of the Army, see section 2 of Pub. L. 106-53, set out as a note under section 2201 of this title. CHAPTER 37-ORGANOTIN ANTIFOULING PAINT CONTROL § 2406. Monitoring and research of ecological effects [See main edition for text of (a) to (c)] (d) Assistance to States To the extent practicable, the Administrator shall assist States in monitoring waters in such States for the presence of organotin and in analyzing samples taken during such monitoring. (e) Five-year report At the end of the 5-year period beginning on June 16, 1988, the Administrator shall submit a report to the Speaker of the House of Representatives and to the President pro tempore of the Senate providing an assessment of— (1) the effectiveness of existing laws and rules concerning organotin compounds in ensuring protection of human health and the environment; (2) compliance with water quality criteria established pursuant to section 2408 of this title and any applicable water quality standards; and (3) recommendations for additional measures to protect human health and the environment. (As amended Pub. L. 104-106, div. A, title X, § 1064(f), Feb. 10, 1996, 110 Stat. 445.) AMENDMENTS 1996 Subsecs. (d) to (f). Pub. L. 104-106 redesignated subsecs. (e) and (f) as (d) and (e), respectively, and struck out heading and text of former subsec. (d). Text read as follows: "The Secretary shall submit a report annually to the Administrator and to the Governor of each State in which a home port for the Navy is monitored under subsection (b) of this section detailing the results of such monitoring in the State. Such reports shall be included in the annual report required to be submitted under subsection (a) of this section." NAVY PROGRAM TO MONITOR ECOLOGICAL EFFECTS OF ORGANOTIN Pub. L. 104-201, div. A, title III, §333, Sept. 23, 1996, 110 Stat. 2485, as amended by Pub. L. 106-65, div. A, title X, § 1067(5), Oct. 5, 1999, 113 Stat. 774, provided that: “(a) MONITORING REQUIREMENT.-The Secretary of the Navy shall, in consultation with the Administrator of the Environmental Protection Agency, develop and implement a program to monitor the concentrations of organotin in the water column, sediments, and aquatic organisms of representative estuaries and near-coastal waters in the United States, as described in section 7(a) of the Organotin Antifouling Paint Control Act of 1988 (33 U.S.C. 2406(a)). The program shall be designed to produce high-quality data to enable the Environmental Protection Agency to develop water quality criteria concerning organotin compounds. "(b) FUNDING.-The Administrator of the Environmental Protection Agency shall provide, in advance, such sums as are necessary to the Secretary of the Navy for the costs of developing and implementing the program under subsection (a). "(c) WRITTEN AGREEMENT.-The Secretary of the Navy and the Administrator of the Environmental Protection Agency shall enter into a written agreement setting forth the actions that the Secretary plans to take under subsection (a) and the funding that the Administrator agrees to provide under subsection (b). If the Secretary determines that the Administrator will not enter into such an agreement, the Secretary shall notify the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate not later than 30 days after such determination. "(d) NONIMPAIRMENT OF MISSION.-Compliance with subsection (a) shall be conducted in such a manner so as not to impair the ability of the Department of the Navy to meet its operational requirements. "(e) REPORT.-Not later than June 1, 1997, the Secretary of the Navy shall submit to Congress a report containing the following: "(1) A description of the monitoring program developed pursuant to subsection (a). “(2) An analysis of the results of the monitoring program as of the date of the submission of the report. "(3) Information about the progress of Navy programs, referred to in section 7(c) of the Organotin Antifouling Paint Control Act of 1988 (33 U.S.C. 2406(c)), for evaluating the laboratory toxicity and environmental risks associated with the use of antifouling paints containing organotin. "(4) An assessment, developed in consultation with the Administrator of the Environmental Protection Agency, of the effectiveness of existing laws and rules concerning organotin compounds in ensuring protection of human health and the environment. "(f) SENSE OF CONGRESS.-(1) It is the sense of Congress that the Administrator of the Environmental Protection Agency, in consultation with the Secretary of the Navy, should develop, for purposes of the national pollutant discharge elimination system, a model permit for the discharge of organotin compounds at shipbuilding and ship repair facilities. "(2) For purposes of this subsection, the term 'organotin' has the meaning provided in section 3 of the Organotin Antifouling Paint Control Act of 1988 (33 U.S.C. 2402). "(g) TERMINATION.-The program required by subsection (a) shall terminate five years after the date of the enactment of this Act [Sept. 23, 1996]." CHAPTER 39-SHORE PROTECTION FROM MUNICIPAL OR COMMERCIAL WASTE SUBCHAPTER I-SHORE PROTECTION [See main edition for text of (1) to (22)] (23) "oil" means oil of any kind or in any form, including petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil, but does not include any substance which is specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601) and which is subject to the provisions of that Act [42 U.S.C. 9601 et seq.]; [See main edition for text of (24) to (37)] (As amended Pub. L. 105-383, title III, §307(a), Nov. 13, 1998, 112 Stat. 3421.) AMENDMENTS 1998 Par. (23). Pub. L. 105-383 amended par. (23) generally. Prior to amendment, par. (23) read as follows: "'oil' means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil, but does not include petroleum, including crude oil or any fraction thereof, which is specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601) and which is subject to the provisions of that Act;". SHORT TITLE OF 1995 AMENDMENT Pub. L. 104-55, §1, Nov. 20, 1995, 109 Stat. 546, provided that: "This Act [enacting section 2720 of this title and amending sections 2704 and 2716 of this title] may be cited as the 'Edible Oil Regulatory Reform Act'." SHORT TITLE OF 1990 AMENDMENTS Pub. L. 101-537, title II, §2001, Nov. 8, 1990, 104 Stat. 2375, and Pub. L. 101-646, title IV, §4001, Nov. 29, 1990, 104 Stat. 4788, as amended by Pub. L. 104-332, §2(h)(1), Oct. 26, 1996, 110 Stat. 4091, provided that: "This title [amending section 2761 of this title] may be cited as the 'Great Lakes Oil Pollution Research and Development Act'." § 2704. Limits on liability (a) General rule Except as otherwise provided in this section, the total of the liability of a responsible party under section 2702 of this title and any removal costs incurred by, or on behalf of, the responsible party, with respect to each incident shall not exceed— (1) for a tank vessel the greater of [See main edition for text of (A) and (B), (2) to (4); (b)] (c) Exceptions [See main edition for text of (1) to (3)] (4) Certain tank vessels Subsection (a)(1) of this section shall not apply to (A) a tank vessel on which the only oil carried as cargo is an animal fat or vegetable oil, as those terms are used in section 2720 of this title; and (B) a tank vessel that is designated in its certificate of inspection as an oil spill response vessel (as that term is defined in section 2101 of title 46) and that is used solely for removal. [See main edition for text of (d)] (As amended Pub. L. 104-55, §2(d)(1), Nov. 20, 1995, 109 Stat. 546; Pub. L. 105-383, title IV, § 406, Nov. 13, 1998, 112 Stat. 3429.) AMENDMENTS 1998 Subsec. (a)(1). Pub. L. 105-383, §406(1), substituted comma for "(except a tank vessel on which the only oil carried as cargo is an animal fat or vegetable oil, as those terms are used in section 2720 of this title)" after "tank vessel". Subsec. (c)(4). Pub. L. 105-383, §406(2), added par. (4). 1995 Subsec. (a)(1). Pub. L. 104-55 substituted "for a tank vessel (except a tank vessel on which the only oil carried as cargo is an animal fat or vegetable oil, as those terms are used in section 2720 of this title)" for "for a tank vessel,”. $2705. Interest; partial payment of claims (a) General rule The responsible party or the responsible party's guarantor is liable to a claimant for interest on the amount paid in satisfaction of a claim under this Act for the period described in subsection (b) of this section. The responsible party shall establish a procedure for the payment or settlement of claims for interim, short-term damages. Payment or settlement of a claim for interim, short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled shall not preclude recovery by the claimant for damages not reflected in the paid or settled partial claim. [See main edition for text of (b)] (As amended Pub. L. 104-324, title XI, §1142(a), Oct. 19, 1996, 110 Stat. 3991.) AMENDMENTS 1996-Pub. L. 104-324, §1142(a)(1), inserted "; partial payment of claims" after "Interest" in section catchline. Subsec. (a). Pub. L. 104-324, §1142(a)(2), inserted at end "The responsible party shall establish a procedure for the payment or settlement of claims for interim, short-term damages. Payment or settlement of a claim for interim, short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled shall not preclude recovery by the claimant for damages not reflected in the paid or settled partial claim.” § 2712. Uses of Fund SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2713, 2736, 2752 of this title; title 26 section 9509. § 2713. Claims procedure [See main edition for text of (a) to (c)] (d) Uncompensated damages If a claim is presented in accordance with this section, including a claim for interim, shortterm damages representing less than the full amount of damages to which the claimant ultimately may be entitled, and full and adequate compensation is unavailable, a claim for the uncompensated damages and removal costs may be presented to the Fund. [See main edition for text of (e)] (As amended Pub. L. 104-324, title XI, §1142(b), Oct. 19, 1996, 110 Stat. 3991.) AMENDMENTS 1996 Subsec. (d). Pub. L. 104-324 substituted "section, including a claim for interim, short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled," for "section". § 2714. Designation of source and advertisement [See main edition for text of (a)] (b) Advertisement by responsible party or guar antor (1) If a responsible party or guarantor fails to inform the President, within 5 days after receiving notification of a designation under subsection (a) of this section, of the party's or the guarantor's denial of the designation, such party or guarantor shall advertise the designation and the procedures by which claims may be presented, in accordance with regulations promulgated by the President. Advertisement under the preceding sentence shall begin no later than 15 days after the date of the designation made under subsection (a) of this section. If advertise ment is not otherwise made in accordance with this subsection, the President shall promptly and at the expense of the responsible party or the guarantor involved, advertise the designation and the procedures by which claims may be presented to the responsible party or guarantor. Advertisement under this subsection shall continue for a period of no less than 30 days. (2) An advertisement under paragraph (1) shall state that a claimant may present a claim for interim, short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled and that payment of such a claim shall not preclude recovery for damages not reflected in the paid or settled partial claim. [See main edition for text of (c)] (As amended Pub. L. 104-324, title XI, §1142(c), Oct. 19, 1996, 110 Stat. 3991.) AMENDMENTS 1996 Subsec. (b). Pub. L. 104-324 designated existing provisions as par. (1) and added par. (2). § 2715. Subrogation [See main edition for text of (a)] (b) Interim damages (1) In general If a responsible party, a guarantor, or the Fund has made payment to a claimant for interim, short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled, subrogation under subsection (a) of this section shall apply only with respect to the portion of the claim reflected in the paid interim claim. (2) Final damages Payment of such a claim shall not foreclose a claimant's right to recovery of all damages to which the claimant otherwise is entitled under this Act or under any other law. (c) Actions on behalf of Fund At the request of the Secretary, the Attorney General shall commence an action on behalf of the Fund to recover any compensation paid by the Fund to any claimant pursuant to this Act, and all costs incurred by the Fund by reason of the claim, including interest (including prejudgment interest), administrative and adjudicative costs, and attorney's fees. Such an action may be commenced against any responsible party or (subject to section 2716 of this title) guarantor, or against any other person who is liable, pursuant to any law, to the compensated claimant or to the Fund, for the cost or damages for which the compensation was paid. Such an action shall be commenced against the responsible foreign government or other responsible party to recover any removal costs or damages paid from the Fund as the result of the discharge, or substantial threat of discharge, of oil from a foreign offshore unit. (As amended Pub. L. 104-324, title XI, §1142(d), Oct. 19, 1996, 110 Stat. 3991.) AMENDMENTS 1996 Subsecs. (b), (c). Pub. L. 104-324 added subsec. (b) and redesignated former subsec. (b) as (c). |