---
kind: "section"
citation: "33 U.S.C. § 2255a"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "2255a"
heading: "High water-low water preparedness"
release: "119-102"
url: "https://uscodex.org/usc/33/2255a"
units:
  - "Chapter 36 — Water Resources Development"
  - "Subchapter III — Inland Waterway Transportation System"
---

# §2255a. High water-low water preparedness

- (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](/usc/33/3602.md?p=8) 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](/usc/33/3602.md?p=8) 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](/usc/33/3602.md?p=8), 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](/usc/33/2201.md).
- (b) **Emergency determination—** The [Secretary](/usc/33/2201.md), in consultation with the District Commanders responsible for maintaining any Federal inland waterway [system](/usc/33/3602.md?p=8), the users of the waterway [system](/usc/33/3602.md?p=8), and the Coast Guard, may make a determination that an [emergency condition](#a-2) exists on the waterway [system](/usc/33/3602.md?p=8).
- (c) **Emergency mitigation project—**
  - (1) **In general—** Subject to [paragraph (2)](#c-2) and the availability of appropriations, and in accordance with all applicable Federal requirements, the [Secretary](/usc/33/2201.md) may carry out an emergency mitigation project on a Federal inland waterway [system](/usc/33/3602.md?p=8) with respect to which the [Secretary](/usc/33/2201.md) has determined that an [emergency condition](#a-2) exists under [subsection (b)](#b), or on a [bypass](#a-1) of such [system](/usc/33/3602.md?p=8), to remedy that [emergency condition](#a-2).
  - (2) **Deadline—** An emergency mitigation project under [paragraph (1)](#c-1) shall—
    - (A) be initiated by not later than 60 days after the date on which the [Secretary](/usc/33/2201.md) makes the applicable determination under [subsection (b)](#b); and
    - (B) to the maximum extent practicable, be completed by not later than 1 year after the date on which the [Secretary](/usc/33/2201.md) makes such determination.
- (d) **Authorization of appropriations—** There is authorized to be appropriated to the [Secretary](/usc/33/2201.md) to carry out this section $25,000,000 for each of fiscal years 2022 through 2024, to remain available until expended.

## Source credit

(Pub. L. 116–260, 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. 116–260, set out as a note under section 2201 of this title.