2021 US Code
Title 33 - Navigation and Navigable Waters
Chapter 36 - Water Resources Development
Subchapter V - General Provisions
Sec. 2283b - Clarification of mitigation authority
| 33 U.S.C. § 2283b (2021) |
| §2283b. Clarification of mitigation authority |
|
(a) In general
The Secretary may carry out measures to improve fish species habitat within the boundaries and downstream of a water resources project constructed by the Secretary that includes a fish hatchery if the Secretary— (1) has been explicitly authorized to compensate for fish losses associated with the project; and (2) determines that the measures are— (A) feasible; (B) consistent with authorized project purposes and the fish hatchery; and (C) in the public interest. Subject to paragraph (2), the non-Federal interest shall contribute 35 percent of the total cost of carrying out activities under this section, including the costs relating to the provision or acquisition of required land, easements, rights-of-way, dredged material disposal areas, and relocations. The non-Federal interest shall contribute 100 percent of the costs of operation, maintenance, replacement, repair, and rehabilitation of the measures carried out under this section. |
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(Pub. L. 113–121, title I, §1028, June 10, 2014, 128 Stat. 1230.) |
| EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Reform and Development Act of 2014, 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 Pub. L. 113–121, set out as a note under section 2201 of this title. |
| United States Code, 2018 Edition, Supplement 3, Title 33 - NAVIGATION AND NAVIGABLE WATERS |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 36 - WATER RESOURCES DEVELOPMENT SUBCHAPTER V - GENERAL PROVISIONS Sec. 2283b - Clarification of mitigation authority |
| section 2283b |
| 2021 |
| January 3, 2022 |
| No |
| standard |
| 128 Stat. 1230 |
| Public Law 113-121 |
