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LegalText 33 U.S.C. § 2255a High water-low water preparedness us united_states_code code_section 33 NAVIGATION AND NAVIGABLE WATERS 36 WATER RESOURCES DEVELOPMENT 2255a 33 U.S.C. § 2255a current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc33@119-100.zip /us/usc/t33/s2255a data/legal/raw/us/code/title-33/usc33.xml db0dabf38dc4d40ff3740f524618e078ec9f80f91f895c20e24190b219a40a47 de3d130b31eae77f8c0fc593f61b7287899297718d678d500eea123559828523 6573d9a3365f3d7181a4ff0b88e6b233e2997dc76485b03544fc9c6ee522501b 2026-07-04 official
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33 U.S.C. § 2255a - High water-low water preparedness

Text

(a) Definitions In this section:

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

(2) Emergency condition The term “emergency condition” means—

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

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

(C) an impaired or inoperable Federal lock and dam; or

(D) any other condition determined appropriate by the Secretary.

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

(c) Emergency mitigation project (1) In general Subject to paragraph (2) and the availability of appropriations, and in accordance with all applicable Federal requirements, the Secretary may carry out an emergency mitigation project on a Federal inland waterway system with respect to which the Secretary has determined that an emergency condition exists under subsection (b), or on a bypass of such system, to remedy that emergency condition.

(2) Deadline An emergency mitigation project under paragraph (1) shall—

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

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

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

(Pub. L. 116260, div. AA, title I, § 151, Dec. 27, 2020, 134 Stat. 2657.)

Notes

Editorial Notes

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

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of div. AA of Pub. L. 116260, set out as a note under section 2201 of this title.