§ 2201. “Secretary” defined

Funding to Process Permits

Pub. L. 106–541, title II, § 214, Dec. 11, 2000, 114 Stat. 2594, as amended by Pub. L. 108–137, title I, § 114, Dec. 1, 2003, 117 Stat. 1836; Pub. L. 109–99, § 1, Nov. 11, 2005, 119 Stat. 2169; Pub. L. 109–209, § 1, Mar. 24, 2006, 120 Stat. 318; Pub. L. 109–434, § 1, Dec. 20, 2006, 120 Stat. 3197; Pub. L. 110–114, title II, § 2002, Nov. 8, 2007, 121 Stat. 1067; Pub. L. 111–120, § 1, Dec. 22, 2009, 123 Stat. 3478; Pub. L. 111–315, § 1, Dec. 18, 2010, 124 Stat. 3450; Pub. L. 113–121, title I, § 1006, June 10, 2014, 128 Stat. 1212, which related to funding to process permits and was formerly set out as a note under this section, was transferred to section 2352 of this title.

Monitoring

Pub. L. 106–541, title II, § 223, Dec. 11, 2000, 114 Stat. 2597, provided that: “(a) In General.—The Secretary shall conduct a monitoring program of the economic and environmental results of up to 5 eligible projects selected by the Secretary. “(b) Duration.—The monitoring of a project selected by the Secretary under this section shall be for a period of not less than 12 years beginning on the date of its selection. “(c) Reports.—The Secretary shall transmit to Congress every 3 years a report on the performance of each project selected under this section. “(d) Eligible Project Defined.—In this section, the term ‘eligible project’ means a water resources project, or separable element thereof—“(1) for which a contract for physical construction has not been awarded before the date of enactment of this Act [Dec. 11, 2000]; “(2) that has a total cost of more than $25,000,000; and “(3)(A) that has as a benefit-to-cost ratio of less than 1.5 to 1; or “(B) that has significant environmental benefits or significant environmental mitigation components. “(e) Costs.—The cost of conducting monitoring under this section shall be a Federal expense.”

Water Control Management

Pub. L. 106–53, title V, § 511, Aug. 17, 1999, 113 Stat. 341, provided that: “(a) In General.—In evaluating potential improvements for water control management activities and consolidation of water control management centers, the Secretary may consider a regionalized water control management plan but may not implement such a plan until the date on which a report is submitted under subsection (b). “(b) Report.—Not later than 180 days after the date of enactment of this Act [Aug. 17, 1999], the Secretary shall submit to the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives and the Committee on Environment and Public Works and the Committee on Appropriations of the Senate a report containing—“(1) a description of the primary objectives of streamlining water control management activities; “(2) a description of the benefits provided by streamlining water control management activities through consolidation of centers for those activities; “(3) a determination whether the benefits to users of establishing regional water control management centers will be retained in each district office of the Corps of Engineers that does not have a regional center; “(4) a determination whether users of regional centers will receive a higher level of benefits from streamlining water control management activities; and “(5) a list of the members of Congress who represent a district that includes a water control management center that is to be eliminated under a proposed regionalized plan.”

Buy American; Sense of Congress; Requirement Regarding Notice

Pub. L. 106–53, title II, § 222, Aug. 17, 1999, 113 Stat. 295, provided that: “(a) In General.—It is the sense of Congress that, to the extent practicable, all equipment and products purchased with funds made available under this Act [see Tables for classification] should be American made. “(b) Notice to Recipients of Assistance.—In providing financial assistance under this Act, the Secretary, to the greatest extent practicable, shall provide to each recipient of the assistance a notice describing the statement made in subsection (a).”

Pub. L. 104–303, title II, § 235, Oct. 12, 1996, 110 Stat. 3704, provided that: “(a) Purchase of American-Made Equipment and Products.—It is the sense of Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Act [see Tables for classification] should be American-made. “(b) Notice to Recipients of Assistance.—In providing financial assistance under this Act, the Secretary, to the greatest extent practicable, shall provide to each recipient of the assistance a notice describing the statement made in subsection (a).”

Budget Act Requirements

Pub. L. 99–662, title IX, § 948, Nov. 17, 1986, 100 Stat. 4201, provided that: “Any spending authority under this Act [see Short Title note above] shall be effective only to such extent and in such amounts as are provided in appropriation Acts. For purposes of this Act, the term ‘spending authority’ has the meaning provided in section 401(c)(2) of the Congressional Budget Act of 1974 [2 U.S.C. 651(c)(2)], except that such term does not include spending authority for which an exception is made under section 401(d) of such Act.”

Definition of Economically Disadvantaged Community

Pub. L. 116–260, div. AA, title I, § 160, Dec. 27, 2020, 134 Stat. 2665, provided that: “(a) In General.—Not later than 180 days after the date of enactment of this Act [Dec. 27, 2020], the Secretary [of the Army] shall issue guidance defining the term ‘economically disadvantaged community’ for the purposes of this Act [div. AA of Pub. L. 116–260, see Short Title of 2020 Amendment note above] and the amendments made by this Act. “(b) Considerations.—In defining the term ‘economically disadvantaged community’ under subsection (a), the Secretary shall, to the maximum extent practicable, utilize the criteria under paragraph (1) or (2) of section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161), to the extent that such criteria are applicable in relation to the development of water resources development projects. “(c) Public Comment.—In developing the guidance under subsection (a), the Secretary shall provide notice and an opportunity for public comment.”

“Secretary” Defined

Pub. L. 118–272, div. A, § 1002, Jan. 4, 2025, 138 Stat. 2996, provided that: “In this division [div. A of Pub. L. 118–272, see Tables for classification], the term ‘Secretary’ means the Secretary of the Army.”

Pub. L. 117–263, div. H, title LXXXI, § 8002, Dec. 23, 2022, 136 Stat. 3694, provided that: “In this title [see Tables for classification], the term ‘Secretary’ means the Secretary of the Army.”

Pub. L. 116–260, div. AA, § 2, Dec. 27, 2020, 134 Stat. 2618, provided that: “In this Act [div. AA of Pub. L. 116–260, see Tables for classification], the term ‘Secretary’ means the Secretary of the Army.”

Pub. L. 115–270, title I, § 102, Oct. 23, 2018, 132 Stat. 3768, provided that: “In this title [see Tables for classification], the term ‘Secretary’ means the Secretary of the Army.”

Pub. L. 114–322, title I, § 1002, Dec. 16, 2016, 130 Stat. 1632, provided that: “In this title [see Tables for classification], the term ‘Secretary’ means the Secretary of the Army.”

Pub. L. 113–121, § 2, June 10, 2014, 128 Stat. 1195, provided that: “In this Act [see Tables for classification], the term ‘Secretary’ means the Secretary of the Army.”

Pub. L. 110–114, § 2, Nov. 8, 2007, 121 Stat. 1049, provided that: “In this Act [see Tables for classification], the term ‘Secretary’ means the Secretary of the Army.”

Pub. L. 106–541, § 2, Dec. 11, 2000, 114 Stat. 2575, provided that: “In this Act [see Tables for classification], the term ‘Secretary’ means the Secretary of the Army.”

Pub. L. 106–53, § 2, Aug. 17, 1999, 113 Stat. 273, provided that: “In this Act [see Tables for classification], the term ‘Secretary’ means the Secretary of the Army.”

Pub. L. 104–303, § 2, Oct. 12, 1996, 110 Stat. 3662, provided that: “In this Act [see Tables for classification], the term ‘Secretary’ means the Secretary of the Army.”

Pub. L. 102–580, § 3, Oct. 31, 1992, 106 Stat. 4801, provided that: “For purposes of this Act [see Short Title of 1992 Amendment note above], the term ‘Secretary’ means the Secretary of the Army.”

Pub. L. 101–640, § 2, Nov. 28, 1990, 104 Stat. 4605, provided that: “For purposes of this Act [see Short Title of 1990 Amendment note above], the term ‘Secretary’ means the Secretary of the Army.”

Pub. L. 100–676, § 2, Nov. 17, 1988, 102 Stat. 4013, provided that: “For purposes of this Act [see Short Title of 1988 Amendment note above], the term ‘Secretary’ means the Secretary of the Army.”

Executive Documents

Promoting the Reliable Supply and Delivery of Water in the West

Memorandum of President of the United States, Oct. 19, 2018, 83 F.R. 53961, which related to water infrastructure throughout the western United States, was revoked by Ex. Ord. No. 13990, § 7(d), Jan. 20, 2021, 86 F.R. 7042, set out in a note under section 4321 of Title 42, The Public Health and Welfare.