Browse Arkansas Code titles and sections
33 U.S.C. § 2335 — Coastal aquatic habitat management
Federal law — U.S. Code and appendices · legal_authorities
Page 839
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 2335
(1) shall be developed in cooperation with
Federal and State resource agencies; and
(2) shall not impair the continued with-
drawal of water for irrigation purposes.
(c) Priority
In providing assistance under subsection (a),
the Secretary shall give priority based on—
(1) the objectives of the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.);
(2) cost-effectiveness; and
(3) the potential for reducing fish mortality.
(d) Non-Federal share
(1) In general
The non-Federal share of the cost of meas-
ures under subsection (a) shall be 50 percent.
(2) In-kind contributions
Not more than 50 percent of the non-Federal
contribution may be made through the provi-
sion of services, materials, supplies, or other
in-kind contributions.
(e) No construction activity
This section does not authorize any construc-
tion activity.
(f) Report
Not later than 2 years after August 17, 1999,
the Secretary shall submit to Congress a report
on—
(1) fish mortality caused by irrigation water
intake devices;
(2) appropriate measures to reduce fish mor-
tality;
(3) the extent to which those measures are
currently being employed in arid States;
(4) the construction costs associated with
those measures; and
(5) the appropriate Federal role, if any, to
encourage the use of those measures.
(Pub. L. 106–53, title V, § 515, Aug. 17, 1999, 113
Stat. 344.)
Editorial Notes
REFERENCES IN TEXT
The Endangered Species Act of 1973, referred to in
subsec. (c)(1), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884,
which is classified generally to chapter 35 (§ 1531 et seq.)
of Title 16, Conservation. For complete classification of
this Act to the Code, see Short Title note set out under
section 1531 of Title 16 and Tabl
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Page 839
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 2335
(1) shall be developed in cooperation with
Federal and State resource agencies; and
(2) shall not impair the continued with-
drawal of water for irrigation purposes.
(c) Priority
In providing assistance under subsection (a),
the Secretary shall give priority based on—
(1) the objectives of the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.);
(2) cost-effectiveness; and
(3) the potential for reducing fish mortality.
(d) Non-Federal share
(1) In general
The non-Federal share of the cost of meas-
ures under subsection (a) shall be 50 percent.
(2) In-kind contributions
Not more than 50 percent of the non-Federal
contribution may be made through the provi-
sion of services, materials, supplies, or other
in-kind contributions.
(e) No construction activity
This section does not authorize any construc-
tion activity.
(f) Report
Not later than 2 years after August 17, 1999,
the Secretary shall submit to Congress a report
on—
(1) fish mortality caused by irrigation water
intake devices;
(2) appropriate measures to reduce fish mor-
tality;
(3) the extent to which those measures are
currently being employed in arid States;
(4) the construction costs associated with
those measures; and
(5) the appropriate Federal role, if any, to
encourage the use of those measures.
(Pub. L. 106–53, title V, § 515, Aug. 17, 1999, 113
Stat. 344.)
Editorial Notes
REFERENCES IN TEXT
The Endangered Species Act of 1973, referred to in
subsec. (c)(1), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884,
which is classified generally to chapter 35 (§ 1531 et seq.)
of Title 16, Conservation. For complete classification of
this Act to the Code, see Short Title note set out under
section 1531 of Title 16 and Tables.
CODIFICATION
Section was enacted as part of the Water Resources
Development Act of 1999, 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. 106–53, set out as a note under section
2201 of this title.
§ 2334. Innovative technologies for watershed
restoration
The Secretary shall examine using, and, if ap-
propriate, encourage the use of, innovative
treatment technologies, including membrane
technologies, for watershed and environmental
restoration and protection projects involving
water quality.
(Pub. L. 106–53, title V, § 516, Aug. 17, 1999, 113
Stat. 344.)
Editorial Notes
CODIFICATION
Section was enacted as part of the Water Resources
Development Act of 1999, 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. 106–53, set out as a note under section
2201 of this title.
§ 2335. Coastal aquatic habitat management
(a) In general
The Secretary may cooperate with the Secre-
taries of Agriculture and the Interior, the Ad-
ministrators of the Environmental Protection
Agency and the National Oceanic and Atmos-
pheric Administration, other appropriate Fed-
eral, State, and local agencies, and affected pri-
vate entities, in the development of a manage-
ment strategy to address problems associated
with toxic microorganisms and the resulting
degradation of ecosystems in the tidal and
nontidal wetlands and waters of the United
States.
(b) Assistance
As part of the management strategy, the Sec-
retary may provide planning, design, and other
technical assistance to each participating State
in the development and implementation of non-
regulatory measures to mitigate environmental
problems and restore aquatic resources.
(c) Cost sharing
The Federal share of the cost of measures un-
dertaken under this section shall not exceed 65
percent.
(d) Operation and maintenance
The non-Federal share of operation and main-
tenance costs for projects constructed with as-
sistance provided under this section shall be 100
percent.
(e) Authorization of appropriations
There is authorized to be appropriated to
carry out this section $7,000,000 for the period
beginning with fiscal year 2000.
(Pub. L. 106–53, title V, § 559, Aug. 17, 1999, 113
Stat. 354.)
Editorial Notes
CODIFICATION
Section was enacted as part of the Water Resources
Development Act of 1999, 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. 106–53, set out as a note under section
2201 of this title.
Page 840
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 2336
§ 2336. Abandoned and inactive noncoal mine
restoration
(a) In general
The Secretary may provide technical, plan-
ning, and design assistance to Federal and non-
Federal interests for carrying out projects to ad-
dress water quality problems caused by drainage
and related activities from abandoned and inac-
tive noncoal mines.
(b) Specific measures
Assistance provided under subsection (a) may
be in support of projects for the purposes of—
(1) managing drainage from abandoned and
inactive noncoal mines;
(2) restoring and protecting streams, rivers,
wetlands, other waterbodies, and riparian
areas degraded by drainage from abandoned
and inactive noncoal mines; and
(3) demonstrating management practices
and innovative and alternative treatment
technologies to minimize or eliminate adverse
environmental effects associated with drain-
age from abandoned and inactive noncoal
mines.
(c) Non-Federal share
The non-Federal share of the cost of assist-
ance under subsection (a) shall be 50 percent, ex-
cept that the Federal share with respect to
projects located on land owned by the United
States, on land held in trust by the Secretary of
the Interior on behalf of, and for the benefit of,
an Indian Tribe, or on restricted land of any In-
dian Tribe, shall be 100 percent.
(d) Effect on authority of Secretary of the Inte-
rior
Nothing in this section affects the authority
of the Secretary of the Interior under title IV of
the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1231 et seq.).
(e) Technology database for reclamation of aban-
doned mines
The Secretary may provide assistance to non-
Federal and nonprofit entities to develop, man-
age, and maintain a database of conventional
and innovative, cost-effective technologies for
reclamation of abandoned and inactive noncoal
mine sites. Such assistance shall be provided
through the Restoration of Abandoned Mine
Sites Program managed by the Albuquerque Dis-
trict Office of the Corps of Engineers.
(f) Authorization of appropriations
There is authorized to be appropriated to
carry out this section $50,000,000.
(Pub. L. 106–53, title V, § 560, Aug. 17, 1999, 113
Stat. 354; Pub. L. 108–137, title I, § 118, Dec. 1,
2003, 117 Stat. 1836; Pub. L. 110–114, title II, § 2025,
Nov. 8, 2007, 121 Stat. 1079; Pub. L. 116–260, div.
AA, title III, § 302, Dec. 27, 2020, 134 Stat. 2703;
Pub. L. 117–263, div. H, title LXXXI, § 8390, Dec.
23, 2022, 136 Stat. 3831.)
Editorial Notes
REFERENCES IN TEXT
The Surface Mining Control and Reclamation Act of
1977, referred to in subsec. (d), is Pub. L. 95–87, Aug. 3,
1977, 91 Stat. 445. Title IV of the Act is classified gen-
erally to subchapter IV (§ 1231 et seq.) of chapter 25 of
Title 30, Mineral Lands and Mining. For complete clas-
sification of this Act to the Code, see Short Title note
set out under section 1201 of Title 30 and Tables.
CODIFICATION
Section was enacted as part of the Water Resources
Development Act of 1999, and not as part of the Water
Resources Development Act of 1986 which comprises
this chapter.
AMENDMENTS
2022—Subsec. (c). Pub. L. 117–263, § 8390(1), inserted
‘‘, on land held in trust by the Secretary of the Interior
on behalf of, and for the benefit of, an Indian Tribe, or
on restricted land of any Indian Tribe,’’ after ‘‘land
owned by the United States’’.
Subsec. (e). Pub. L. 117–263, § 8390(2), substituted ‘‘Res-
toration’’ for ‘‘Rehabilitation’’ and ‘‘Albuquerque’’ for
‘‘Sacramento’’.
Subsec. (f). Pub. L. 117–263, § 8390(3), substituted
‘‘$50,000,000’’ for ‘‘$30,000,000’’.
2020—Subsec.
(f).
Pub.
L.
116–260
substituted
‘‘$30,000,000’’ for ‘‘$20,000,000’’.
2007—Subsec.
(f).
Pub.
L.
110–114
substituted
‘‘$20,000,000’’ for ‘‘$7,500,000’’.
2003—Subsec.
(f).
Pub.
L.
108–137
substituted
‘‘$7,500,000’’ for ‘‘$5,000,000’’.
Statutory Notes and Related Subsidiaries
‘‘SECRETARY’’ DEFINED
Secretary means the Secretary of the Army, see sec-
tion 2 of Pub. L. 106–53, set out as a note under section
2201 of this title.
§ 2337. Property protection program
(a) In general
The Secretary may carry out a program to re-
duce vandalism and destruction of property at
water resources development projects under the
jurisdiction of the Department of the Army.
(b) Provision of rewards
In carrying out the program, the Secretary
may provide rewards (including cash rewards) to
individuals who provide information or evidence
leading to the arrest and prosecution of individ-
uals causing damage to Federal property.
(c) Authorization of appropriations
There is authorized to be appropriated to
carry out this section $500,000 for fiscal year 2001
and each fiscal year thereafter.
(Pub. L. 106–541, title II, § 205, Dec. 11, 2000, 114
Stat. 2590.)
Editorial Notes
CODIFICATION
Section was enacted as part of the Water Resources
Development Act of 2000, 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. 106–541, set out as a note under section
2201 of this title.
§ 2338. Reburial and conveyance authority
(a) Definition of Indian tribe
In this section, the term ‘‘Indian tribe’’ has
the meaning given the term in section 5304 of
title 25.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds and declares that—
(1) various species of fish, wildlife, and plants in the United States have been rendered extinct as a consequence of economic growth and development untempered by adequate concern and conservation;
(2) other species of fish, wildlife, and plants have been so depleted in numbers that they are in danger of or threatened with extinction;
(3) these species of fish, wildlife, and plants are of esthetic, ecological, educational, historical, recreational, and scientific value to the Nation and its people;
(4) the United States has pledged itself as a sovereign state in the international community to conserve to the extent practicable the various species of fish or wildlife and plants facing extinction, pursuant to—
(A) migratory bird treaties with Canada and Mexico;
(B) the Migratory and Endangered Bird Treaty with Japan;
(C) the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere;
(D) the International Convention for the Northwest Atlantic Fisheries;
(E) the International Convention for the High Seas Fisheries of the North Pacific Ocean;
(F) the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and
(G) other international agreements; and
(5) encouraging the States and other interested parties, through Federal financial assistance and a system of incentives, to develop and maintain conservation programs which meet national and international standards is a key to meeting the Nation’s international commitments and to better safeguarding, for the benefit of all citizens, the Nation’s heritage in fish, wildlife, and plants.
**(b) Purposes** The purposes of this chapter are to provide a means whereby the ecosystems upon which endangered
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1531
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Federal law — U.S. Code and appendices · legal_authorities
Page 1909
TITLE 16—CONSERVATION
§ 1531
maintenance of continuing and stable supply of agri-
cultural commodities and forest products.
Section 1502, Pub. L. 91–524, title X, § 1002, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 242, required
eligible landowners and operators to furnish plan of
farming operations or land use to Secretary.
Section 1503, Pub. L. 91–524, title X, § 1003, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 242; amended
Pub. L. 93–125, § 1(g)(i), Oct. 18, 1973, 87 Stat. 450, related
to approved conservation plans as basis for contracts,
duties under contracts, and termination or modifica-
tion of contracts.
Section 1504, Pub. L. 91–524, title X, § 1004, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 243, author-
ized furnishing of conservation materials to eligible
owners and operators.
Section 1505, Pub. L. 91–524, title X, § 1005, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 243; amended
Pub. L. 95–113, title XV, § 1509, Sept. 29, 1977, 91 Stat.
1022, authorized establishment of multiyear set-aside
contracts.
Section 1506, Pub. L. 91–524, title X, § 1006, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244, author-
ized issuance of rules and regulations as well as limita-
tions on total retired acreage.
Section 1507, Pub. L. 91–524, title X, § 1007, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244; amended
Pub. L. 93–125, § 1(g)(ii), Oct. 18, 1973, 87 Stat. 450, di-
rected appointment of advisory boards to assist in de-
velopment of programs under this chapter.
Section 1508, Pub. L. 91–524, title X, § 1008, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244, directed
coordination with and utilization of Federal, State, and
local services and facili
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1531
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment; administration; State funds** There is created on the books of the Treasury of the United States a trust fund to be known as the Abandoned Mine Reclamation Fund (hereinafter referred to as the “fund”) which shall be administered by the Secretary of the Interior. State abandoned mine reclamation funds (State funds) generated by grants from this subchapter shall be established by each State pursuant to an approved State program.
**(b) Sources of deposits to fund** The fund shall consist of amounts deposited in the fund, from time to time derived from—
(1) the reclamation fees levied under [section 1232 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1232&num=0&edition=prelim);
(2) any user charge imposed on or for land reclaimed pursuant to this subchapter after expenditures for maintenance have been deducted;
(3) donations by persons, corporations, associations, and foundations for the purposes of this subchapter;
(4) recovered moneys as provided for in this subchapter; and
(5) interest credited to the fund under subsection (e).
**(c) Use of moneys** Moneys in the fund may be used for the following purposes:
(1) reclamation and restoration of land and water resources adversely affected by past coal mining, including but not limited to reclamation and restoration of abandoned surface mine areas, abandoned coal processing areas, and abandoned coal refuse disposal areas; sealing and filling abandoned deep mine entries and voids; planting of land adversely affected by past coal mining to prevent erosion and sedimentation; prevention, abatement, treatment, and control of water pollution created by coal mine drainage including restoration of stream beds, and construction and operation of water treatment pl
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1231
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Federal law — U.S. Code and appendices · legal_authorities
Page 238
TITLE 30—MINERAL LANDS AND MINING
§ 1231
refining processes, product substitution and
conservation of mineral resources through re-
cycling and advanced processing and fabrica-
tion methods;
(2) identify new deposits of strategic and
critical mineral resources; and
(3) facilitate the transfer of information,
studies, and technologies developed by the
center to the private sector.
(c) Criteria
The Secretary shall establish the center re-
ferred to in subsection (a) at a university that—
(1) does not currently host a generic mineral
technology center;
(2) has established advanced degree pro-
grams in geology and geological engineering,
and metallurgical and mining engineering;
(3) has expertise in materials and advanced
processing research; and
(4) is located west of the 100th meridian.
(d) Authorization of appropriations
There is authorized to be appropriated such
sums as may be necessary to carry out this sec-
tion.
(Pub. L. 98–409, § 12, as added Pub. L. 101–498, § 2,
Nov. 2, 1990, 104 Stat. 1207.)
Editorial Notes
CODIFICATION
Section was enacted as part of the Mining and Min-
eral Resources Research Institute Act of 1984, and not
as part of the Surface Mining Control and Reclamation
Act of 1977 which comprises this chapter.
SUBCHAPTER IV—ABANDONED MINE
RECLAMATIONS
§ 1231. Abandoned Mine Reclamation Fund
(a) Establishment; administration; State funds
There is created on the books of the Treasury
of the United States a trust fund to be known as
the Abandoned Mine Reclamation Fund (herein-
after referred to as the ‘‘fund’’) which shall be
administered by the Secretary of the Interior.
State abandoned mine reclamation funds (State
funds) generated by grants from this subchapter
shall be established by each State pursuant to
an a
Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 1231
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary may carry out studies and projects to—
(1) reduce flood and hurricane and storm damage hazards; or
(2) restore the natural functions and values of rivers and shorelines throughout the United States.
**(b) Studies and projects**
(1) **Authority**
(A) *Studies* — In carrying out subsection (a), the Secretary may carry out studies to identify appropriate measures for—
(i) the reduction of flood and hurricane and storm damage hazards, including measures for erosion mitigation and bank stabilization; or
(ii) the conservation and restoration of the natural functions and values of rivers and shorelines.
(B) *Projects* — Subject to subsection (f)(2), in carrying out subsection (a), the Secretary may design and implement projects described in subsection (a).
(2) **Consultation and coordination** — The studies and projects carried out under this section shall be conducted, to the maximum extent practicable, in consultation and coordination with the Federal Emergency Management Agency and other appropriate Federal agencies, and in consultation and coordination with appropriate State and local agencies and tribes.
(3) **Nonstructural approaches** — The studies and projects shall emphasize, to the maximum extent practicable and appropriate, nonstructural approaches to preventing or reducing flood and hurricane and storm damages, including the use of natural features or nature-based features.
(4) **Participation** — The studies and projects shall be conducted, to the maximum extent practicable, in cooperation with State and local agencies and tribes to ensure the coordination of local flood and hurricane and storm damage reduction or riverine, shoreline, and wetland restoration studies with projects that conserve, restore, and m
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