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 United States Code (Last Updated: May 24, 2014)
 Title 33. NAVIGATION AND NAVIGABLE WATERS
 Chapter 36. WATER RESOURCES DEVELOPMENT
 SubChapter V. GENERAL PROVISIONS

  § 2330. Aquatic ecosystem restoration  

Latest version.
  • (a) General authority(1) In generalThe Secretary may carry out a project to restore and protect an aquatic ecosystem or estuary if the Secretary determines that the project—(A)(i) will improve the quality of the environment and is in the public interest; or(ii) will improve the elements and features of an estuary (as defined in section 2902 of this title); and(B) is cost-effective.(2) Dam removal

    A project under this section may include removal of a dam.

     (b) Cost sharing(1) In general

    Non-Federal interests shall provide 35 percent of the cost of construction of any project carried out under this section, including provision of all lands, easements, rights-of-way, and necessary relocations.

    (2) Form

    Before October 1, 2003, the Federal share of the cost of a project under this section may be provided in the form of reimbursements of project costs.

     (c) Agreements(1) In general

    Construction of a project under this section shall be initiated only after a non-Federal interest has entered into a binding agreement with the Secretary to pay the non-Federal share of the costs of construction required by this section and to pay 100 percent of any operation, maintenance, and replacement and rehabilitation costs with respect to the project in accordance with regulations prescribed by the Secretary.

    (2) Nonprofit entities

    Notwithstanding section 1962d–5b of title 42, for any project carried out under this section, a non-Federal interest may include a nonprofit entity, with the consent of the affected local government.

     (d) Cost limitation

    Not more than $5,000,000 in Federal funds may be allotted under this section for a project at any single locality.

     (e) Funding

    There is authorized to be appropriated to carry out this section $50,000,000 for each fiscal year.
(Pub. L. 104–303, title II, § 206, Oct. 12, 1996, 110 Stat. 3679; Pub. L. 106–53, title II, § 210, Aug. 17, 1999, 113 Stat. 287; Pub. L. 110–114, title II, § 2020, Nov. 8, 2007, 121 Stat. 1078.)

Codification

Codification

Section was enacted as part of the Water Resources Development Act of 1996, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Amendments

Amendments

2007—Subsec. (a). Pub. L. 110–114, § 2020(1), added subsec. (a) and struck out former subsec. (a), which read as follows:

“(a) General authority.—The Secretary may carry out an aquatic ecosystem restoration and protection project if the Secretary determines that the project—

“(1) will improve the quality of the environment and is in the public interest; and

“(2) is cost-effective.”

Subsec. (e). Pub. L. 110–114, § 2020(2), substituted “$50,000,000” for “$25,000,000”.

1999—Subsec. (b). Pub. L. 106–53, § 210(1), designated existing provisions as par. (1), inserted heading, and added par. (2).

Subsec. (c). Pub. L. 106–53, § 210(2), designated existing provisions as par. (1), inserted heading, and added par. (2).

Miscellaneous

“Secretary” Defined

Secretary means the Secretary of the Army, see section 2 of Pub. L. 104–303, set out as a note under section 2201 of this title.