33 USC § 2255a - High water-low water preparedness

---
identifier: "/us/usc/t33/s2255a"
source: "usc"
legal_status: "official_prima_facie"
title: "33 USC § 2255a - High water-low water preparedness"
title_number: 33
title_name: "NAVIGATION AND NAVIGABLE WATERS"
section_number: "2255a"
section_name: "High water-low water preparedness"
chapter_number: 36
chapter_name: "WATER RESOURCES DEVELOPMENT"
subchapter_number: "III"
subchapter_name: "INLAND WATERWAY TRANSPORTATION SYSTEM"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 116–260, div. AA, title I, § 151, Dec. 27, 2020, 134 Stat. 2657.)"
---


# § 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 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.

---

**Source Credit**: (Pub. L. 116–260, div. AA, title I, § 151, Dec. 27, 2020, 134 Stat. 2657.)

## 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 , set out as a note under .