§ 579a. — Project deauthorizations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC579a]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 12--RIVER AND HARBOR IMPROVEMENTS GENERALLY
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 579a. Project deauthorizations
(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 two years 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 7 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 30 months after the date the list is
so transmitted if funds have not been obligated for the planning,
design, or construction of such project or element during such 30-month
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, Sec. 1001, Nov. 17, 1986, 100 Stat. 4201; Pub.
L. 101-640, title I, Sec. 119(a), Nov. 28, 1990, 104 Stat. 4630; Pub. L.
104-303, title II, Sec. 228(a), Oct. 12, 1996, 110 Stat. 3703; Pub. L.
106-109, Sec. 8(d), Nov. 24, 1999, 113 Stat. 1496.)
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
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, Sec. 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, Sec. 228(b)(1),
Oct. 12, 1996, 110 Stat. 3703.
``Secretary'' Defined
Secretary means the Secretary of the Army, see section 2201 of this
title.
