33 U.S.C. § 2283b — Clarification of mitigation authority

Page 782 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2283b (2) Projects included The status report shall include the status of— (A) all projects that are under construction as of the date of the report; (B) all projects for which the President re- quests funding for the next fiscal year; and (C) all projects that have undergone or com- pleted construction, but have not completed the mitigation required under section 2283 of this title. (3) Information included In reporting the status of all projects included in the report, the Secretary shall— (A) use a uniform methodology for deter- mining the status of all projects included in the report; (B) use a methodology that describes both a qualitative and quantitative status for all projects in the report; and (C) provide specific dates for participation in the consultations required under section 2283(d)(4)(B) of this title. (4) Availability of information The Secretary shall make information con- tained in the status report available to the pub- lic, including on the Internet. (Pub. L. 110–114, title II, § 2036(b), Nov. 8, 2007, 121 Stat. 1094; Pub. L. 113–121, title I, § 1041, June 10, 2014, 128 Stat. 1243.) Editorial Notes CODIFICATION Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. AMENDMENTS 2014—Pars. (3), (4). Pub. L. 113–121 added par. (3) and redesignated former par. (3) as (4). Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 2 of Pub. L. 110–114, set out as a note under section 2201 of this title. § 2283b. Clarification of mitigation authority (a) In general The Secretary may carry out measures to im- prove 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 com- pensate for fish losses associated with the project; and (2) determines that the measures are— (A) feasible; (B) consistent with authorized project pur- poses and the fish hatchery; and (C) in the public interest. (b) Cost sharing (1) In general Subject to paragraph (2), the non-Federal in- terest shall contribute 35 percent of the total cost of carrying out activities under this sec- tion, including the costs relating to the provi- sion or acquisition of required land, ease- ments, rights-of-way, dredged material dis- posal areas, and relocations. (2) Operation and maintenance The non-Federal interest shall contribute 100 percent of the costs of operation, mainte- nance, replacement, repair, and rehabilitation of the measures carried out under this section. (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 sec- tion 2 of Pub. L. 113–121, set out as a note under section 2201 of this title. § 2283c. Technical assistance (1) In general The Secretary may provide technical assist- ance to States and local governments to estab- lish third-party mitigation instruments, includ- ing mitigation banks and in-lieu fee programs, that will help to target mitigation payments to high-priority ecosystem restoration actions. (2) Requirements In providing technical assistance under this section, the Secretary shall give priority to States and local governments that have devel- oped State, regional, or watershed-based plans identifying priority restoration actions. (3) Mitigation instruments The Secretary shall seek to ensure any tech- nical assistance provided under this section will support the establishment of mitigation instru- ments that will result in restoration of high-pri- ority areas identified in the plans under para- graph (2). (Pub. L. 113–121, title I, § 1040(c), June 10, 2014, 128 Stat. 1243.) 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 sec- tion 2 of Pub. L. 113–121, set out as a note under section 2201 of this title. § 2284. Benefits and costs attributable to environ- mental measures In the evaluation by the Secretary of benefits and costs of a water resources project, the bene-