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33 U.S.C. § 2330 — Challenge cost-sharing program for management of recreation facilities
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary is authorized to develop and implement a program to share the cost of managing recreation facilities and natural resources at water resource development projects under the Secretary’s jurisdiction.
**(b) Cooperative agreements**
(1) **In general** — To implement the program under this section, the Secretary is authorized to enter into cooperative agreements with non-Federal public entities and private nonprofit entities to provide for operation and management of recreation facilities and natural resources at civil works projects under the Secretary’s jurisdiction where such facilities and resources are being maintained at complete Federal expense.
(2) **Requirements** — Before entering into an agreement under paragraph (1), the Secretary shall ensure that the non-Federal public entity or private nonprofit entity has the authority and capability—
(A) to carry out the terms of the agreement; and
(B) to pay damages, if necessary, in the event of a failure to perform.
**(c) User fees**
(1) **Collection of fees**
(A) *In general* — The Secretary may allow a non-Federal public entity or private nonprofit entity that has entered into an agreement pursuant to subsection (b) to collect user fees for the use of developed recreation sites and facilities, whether developed or constructed by the non-Federal public entity or private nonprofit entity or the Department of the Army.
(B) *Use of visitor reservation services*
(i) *In general* — A non-Federal public entity or a private nonprofit entity described in subparagraph (A) may use, to manage fee collections and reservations under this section, any visitor reservation service that the Secretary has provided for by contract or interagency agreement, subject to such terms and con
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Stable record: federal_law:legal_authorities:record_usc_b1ad34ac7b9a6de250883e6f
Source file: Laws/federal/codes/united-states-code/title-33/section-2330-challenge-cost-sharing-program-for-management-of-recreation-facilities--28de48f8e8.md
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Source location: Title 33, Chapter 36, § 2330; chapter-036-water-resources-development.md
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**(a) In general** The Secretary is authorized to develop and implement a program to share the cost of managing recreation facilities and natural resources at water resource development projects under the Secretary’s jurisdiction.
**(b) Cooperative agreements**
(1) **In general** — To implement the program under this section, the Secretary is authorized to enter into cooperative agreements with non-Federal public entities and private nonprofit entities to provide for operation and management of recreation facilities and natural resources at civil works projects under the Secretary’s jurisdiction where such facilities and resources are being maintained at complete Federal expense.
(2) **Requirements** — Before entering into an agreement under paragraph (1), the Secretary shall ensure that the non-Federal public entity or private nonprofit entity has the authority and capability—
(A) to carry out the terms of the agreement; and
(B) to pay damages, if necessary, in the event of a failure to perform.
**(c) User fees**
(1) **Collection of fees**
(A) *In general* — The Secretary may allow a non-Federal public entity or private nonprofit entity that has entered into an agreement pursuant to subsection (b) to collect user fees for the use of developed recreation sites and facilities, whether developed or constructed by the non-Federal public entity or private nonprofit entity or the Department of the Army.
(B) *Use of visitor reservation services*
(i) *In general* — A non-Federal public entity or a private nonprofit entity described in subparagraph (A) may use, to manage fee collections and reservations under this section, any visitor reservation service that the Secretary has provided for by contract or interagency agreement, subject to such terms and conditions as the Secretary determines to be appropriate.
(ii) *Transfer* — The Secretary may transfer, or cause to be transferred by another Federal agency, to a non-Federal public entity or a private nonprofit entity described in subparagraph (A) user fees received by the Secretary or other Federal agency under a visitor reservation service described in clause (i) for recreation facilities and natural resources managed by the non-Federal public entity or private nonprofit entity pursuant to a cooperative agreement entered into under subsection (b).
(2) **Use of fees**
(A) *In general* — A non-Federal public entity or private nonprofit entity that collects a user fee under paragraph (1)—
(i) may retain up to 100 percent of the fees collected, as determined by the Secretary; and
(ii) notwithstanding [section 460d–3(b)(4) of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section460d–3/b/4&num=0&edition=prelim), shall use any retained amounts for operation, maintenance, and management activities relating to recreation and natural resources at recreation site at which the fee is collected.
(B) *Requirements* — The use by a non-Federal public entity or private nonprofit entity of user fees collected under paragraph (1)—
(i) shall remain subject to the direction and oversight of the Secretary; and
(ii) shall not affect any existing third-party property interest, lease, or agreement with the Secretary.
(3) **Terms and conditions** — The authority of a non-Federal public entity or private nonprofit entity under this subsection shall be subject to such terms and conditions as the Secretary determines to be necessary to protect the interests of the United States.
**(d) Contributions**
(1) **In general** — For purposes of carrying out this section the Secretary may accept contributions of funds, materials, and services from non-Federal public entities, private nonprofit entities, and other private entities.
(2) **Deposit of funds** — Any funds received by the Secretary under this subsection shall be deposited into the account in the Treasury of the United States entitled “Contributions and Advances, Rivers and Harbors, Corps of Engineers (8862)” and shall be available until expended to carry out the purposes of this section.
**(e) Definitions** In this section:
(1) **Non-Federal public entity** — The term “non-Federal public entity” means a non-Federal public entity as defined in the memorandum issued by the Corp of Engineers on April 4, 2018, and titled “Implementation Guidance for Section 1155, Management of Recreation Facilities, of the Water Resources Development Act (WRDA) of 2016, Public Law 114–322”.
(2) **Private nonprofit entity** — The term “private nonprofit entity” means an organization that is described in [section 501(c) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section501/c&num=0&edition=prelim) and exempt from taxation under section 501(a) of that title.
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Federal law — U.S. Code and appendices · legal_authorities
In any case in which a project under the jurisdiction of the Secretary is budgeted under a different business line than the business line under which the project was originally authorized, the Secretary shall ensure that the project is carried out in accordance with any requirements that apply to the business line under which the project was originally authorized.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2201
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Watershed assessments**
(1) **In general** — In an area that the President has declared a major disaster in accordance with [section 5170 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5170&num=0&edition=prelim), the Secretary may carry out a watershed assessment to identify, to the maximum extent practicable, specific flood risk reduction, hurricane and storm damage reduction, ecosystem restoration, or navigation project recommendations that will help to rehabilitate and improve the resiliency of damaged infrastructure and natural resources to reduce risks to human life and property from future natural disasters.
(2) **Existing projects** — A watershed assessment carried out paragraph 11 So in original. Probably should be preceded by “under”. (1) may identify existing projects being carried out under 1 or more of the authorities referred to in subsection (b)(1).
(3) **Duplicate watershed assessments** — In carrying out a watershed assessment under paragraph (1), the Secretary shall use all existing watershed assessments and related information developed by the Secretary or other Federal, State, or local entities.
**(b) Projects**
(1) **In general** — The Secretary may carry out projects identified under a watershed assessment under subsection (a) in accordance with the criteria for projects carried out under one of the following authorities:
(A) Section 205 of the Flood Control Act of 1948 ([33 U.S.C. 701s](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701s&num=0&edition=prelim)).
(B) Section 111 of the River and Harbor Act of 1968 ([33 U.S.C. 426i](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section426i&num=0&edition=prelim)).
(C) Section 206 of the Wat
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2270
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Not later than February 1 of each year, the Secretary shall develop and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an annual report, to be entitled “Report to Congress on Future Water Resources Development”, that identifies the following:
(1) **Feasibility reports** — Each feasibility report that meets the criteria established in subsection (c)(1)(A).
(2) **Proposed feasibility studies** — Any proposed feasibility study submitted to the Secretary by a non-Federal interest pursuant to subsection (b) that meets the criteria established in subsection (c)(1)(A).
(3) **Proposed modifications** — Any proposed modification to an authorized water resources development project or feasibility study that meets the criteria established in subsection (c)(1)(A) that—
(A) is submitted to the Secretary by a non-Federal interest pursuant to subsection (b); or
(B) is identified by the Secretary for authorization.
(4) **Programmatic modifications** — Any programmatic modification for an environmental infrastructure assistance program.
**(b) Requests for proposals**
(1) **Publication** — Not later than May 1 of each year, the Secretary shall publish in the Federal Register a notice requesting proposals from non-Federal interests for proposed feasibility studies, proposed modifications to authorized water resources development projects and feasibility studies, and proposed modifications for an environmental infrastructure program to be included in the annual report.
(2) **Deadline for requests** — The Secretary shall include in each notice required by this subsection a requirement that non-Federal interests submit to the Secretary any proposals de
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2282f
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Federal law — U.S. Code and appendices · legal_authorities
At the request of a non-Federal interest, the Secretary is authorized to study the incorporation of public recreational amenities, including facilities for hiking, biking, walking, and waterborne recreation, into a project for ecosystem restoration, including a project carried out under [section 2330 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2330&num=0&edition=prelim), if the incorporation of such amenities would be consistent with the ecosystem restoration purposes of the project.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2332
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Project studies subject to independent peer review**
(1) **In general** — Project studies shall be subject to a peer review by an independent panel of experts as determined under this section.
(2) **Scope** — The peer review may include a review of the economic and environmental assumptions and projections, project evaluation data, economic analyses, environmental analyses, engineering analyses, formulation of alternative plans, methods for integrating risk and uncertainty, models used in evaluation of economic or environmental impacts of proposed projects, and any biological opinions of the project study.
(3) **Project studies subject to peer review**
(A) *Mandatory* — A project study shall be subject to peer review under paragraph (1) if—
(i) the project has an estimated total cost of more than $200,000,000, including mitigation costs, and is not determined by the Chief of Engineers to be exempt from peer review under paragraph (6);
(ii) the Governor of an affected State requests a peer review by an independent panel of experts; or
(iii) the Chief of Engineers determines that the project study is controversial considering the factors set forth in paragraph (4).
(B) *Discretionary*
(i) *Agency request* — A project study shall be considered by the Chief of Engineers for peer review under this section if the head of a Federal or State agency charged with reviewing the project study determines that the project is likely to have a significant adverse impact on environmental, cultural, or other resources under the jurisdiction of the agency after implementation of proposed mitigation plans and requests a peer review by an independent panel of experts.
(ii) *Deadline for decision* — A decision of the Chief of Engineers under this subpa
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2346
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
(1) **Definition of continuing authority program project** — In this section, the term “continuing authority program” means 1 of the following authorities:
(A) [Section 701s of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701s&num=0&edition=prelim).
(B) [Section 426i of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section426i&num=0&edition=prelim).
(C) [Section 2330 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2330&num=0&edition=prelim).
(D) [Section 2309a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2309a&num=0&edition=prelim).
(E) [Section 577 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section577&num=0&edition=prelim).
(F) [Section 426g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section426g&num=0&edition=prelim).
(G) [Section 701r of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701r&num=0&edition=prelim).
(H) Section 103 of the River and Harbor Act of 1962 (Public Law 87–874; 76 Stat. 1178).
(I) [Section 2326(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2326/e&num=0&edition=prelim).
(J) [Section 701b–8a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701b-8a&num=0&edition=prelim).
(K) [Section 610(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section610/a&num=0&edition=prelim).
(2) **Prioritization** — Not later than 1 year after June 10, 2014, the Secretary shall publish in the Federal Register and on a publicly
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 400
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Federal law — U.S. Code and appendices · legal_authorities
Page 832
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 2330
cantly improve waterborne transportation in the
United States, both inland and deep draft.
Statutory Notes and Related Subsidiaries
‘‘SECRETARY’’ DEFINED
Secretary means the Secretary of the Army, see sec-
tion 3 of Pub. L. 102–580, set out as a note under section
2201 of this title.
§ 2330. Aquatic ecosystem restoration
(a) General authority
(1) In general
The Secretary may carry out a project to re-
store and protect an aquatic ecosystem or es-
tuary if the Secretary determines that the
project—
(A)(i) will improve the quality of the envi-
ronment 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 re-
moval of a dam.
(3) Anadromous fish habitat and passage
(A) Measures
A project under this section may include
measures to improve habitat or passage for
anadromous fish, including—
(i) installing fish bypass structures on
small water diversions;
(ii) modifying tide gates; and
(iii)
restoring
or
reconnecting
floodplains and wetlands that are impor-
tant for anadromous fish habitat or pas-
sage.
(B) Benefits
A project that includes measures under
this paragraph shall be formulated to maxi-
mize benefits for the anadromous fish spe-
cies benefitted by the project.
(4) Drought resilience
A project under this section may include
measures that enhance drought resilience
through the restoration of wetlands or the re-
moval of invasive species.
(b) Cost sharing
(1) In general
Non-Federal interests shall provide 35 per-
cent of the cost of construction of any project
carried out under this section, including provi-
sion
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 2330
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.