Sec. 1090. High water-low water preparedness
317 words·~1 min read·
/bill/116/s/3591/rs/section-1090·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section, the term bypass means an alternate water route adjacent to a lock and dam that can be used for commercial navigation during high water conditions. The Secretary, in consultation with the District Commanders responsible for maintaining any affected waterway, the Inland Waterway Users Board, and the Coast Guard, may make a determination that an emergency condition described in paragraph
(2)exists, or is anticipated to exist, on an inland navigable waterway or a bypass. An emergency condition includes not less than 1 of the following: Unsafe conditions on an inland navigable waterway or a bypass that prevents the operation of commercial vessels as a result of a major change in water level or flows. An obstruction in an inland navigable waterway or a bypass, including silt, sediment, rock formation, or a shallow channel. An impaired or inoperable Federal lock and dam. 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 an inland navigable waterway or a bypass for which the Secretary has determined that an emergency condition exists, or is anticipated to exist, under subsection (b)(1) to remedy or prevent that emergency condition. An emergency mitigation project under paragraph
(1)shall— be initiated by not later than 60 days after the date on which the Secretary makes a determination under subsection (b)(1) with respect to the inland navigable waterway or bypass on which the project will be carried out; and be completed by not later than 1 year after the date on which the Secretary makes a determination under subsection (b)(1) with respect to the inland navigable waterway or bypass on which the project will be carried out. 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.