2016 US Code
Title 33 - Navigation and Navigable Waters
Chapter 36 - Water Resources Development
Subchapter V - General Provisions
Sec. 2330 - Aquatic ecosystem restoration
| 33 U.S.C. § 2330 (2016) |
| §2330. Aquatic ecosystem restoration |
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(a) General authority
(1) In general
The 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. A project under this section may include removal of a dam. 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. 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. 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. 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. Not more than $10,000,000 in Federal funds may be allotted under this section for a project at any single locality. (e) FundingThere is authorized to be appropriated to carry out this section $50,000,000 for each fiscal year. |
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(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; Pub. L. 113–121, title I, §1030(g), June 10, 2014, 128 Stat. 1232.) |
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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. AMENDMENTS2014—Subsec. (d). Pub. L. 113–121 substituted "$10,000,000" for "$5,000,000". 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). "SECRETARY" DEFINEDSecretary 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. |
| United States Code, 2012 Edition, Supplement 4, 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. 2330 - Aquatic ecosystem restoration |
| section 2330 |
| 2016 |
| January 6, 2017 |
| No |
| standard |
| 110 Stat. 3679 113 Stat. 287 121 Stat. 1078 128 Stat. 1232 |
| Public Law 104-303, Public Law 106-53, Public Law 110-114, Public Law 113-121 |
