33 U.S.C. § 2309a — Project modifications for improvement

Page 794 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2309a ment Corporation’’ for ‘‘Saint Lawrence Seaway Devel- opment Corporation’’. Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (c)(3) of this section relating to the require- ment that the international advisory group report bi- ennially to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 193 of House Document No. 103–7. § 2309a. Project modifications for improvement of environment or drought resiliency (a) Determination of need The Secretary is authorized to review water resources projects constructed by the Secretary to determine the need for modifications in the structures and operations of such projects for the purpose of— (1) improving the quality of the environment in the public interest and to determine if the operation of such projects has contributed to the degradation of the quality of the environ- ment; or (2) providing drought resiliency. (b) Authority to make modifications The Secretary is authorized to carry out a pro- gram for the purpose of making such modifica- tions in the structures and operations of water resources projects constructed by the Secretary which the Secretary determines (1) are feasible and consistent with the authorized project pur- poses, and (2) will provide for drought resilience or will improve the quality of the environment in the public interest. (c) Restoration of environmental quality (1) In general If the Secretary determines that construc- tion of a water resources project by the Sec- retary or operation of a water resources project constructed by the Secretary has con- tributed to the degradation of the quality of the environment, the Secretary may under- take measures for restoration of environ- mental quality and measures for enhancement of environmental quality that are associated with the restoration, through modifications either at the project site or at other locations that have been affected by the construction or operation of the project, if such measures do not conflict with the authorized project pur- poses. (2) Control of sea lamprey Congress finds that— (A) the Great Lakes navigation system has been instrumental in the spread of sea lam- prey and the associated impacts on its fish- ery; and (B) the use of the authority under this sub- section for control of sea lamprey at any Great Lakes basin location is appropriate. (d) Non-Federal share; limitation on maximum Federal expenditure The non-Federal share of the cost of any modi- fications or measures carried out or undertaken pursuant to subsection (b) or (c) shall be 25 per- cent. The non-Federal share may be provided in kind, including a facility, supply, or service that is necessary to carry out the modification or measure. Not more than $15,000,000 in Federal funds may be expended on any single modifica- tion or measure carried out or undertaken pur- suant to this section. (e) Coordination of actions The Secretary shall coordinate any actions taken pursuant to this section with appropriate Federal, State, and local agencies. (f) Omitted (g) Nonprofit entities Notwithstanding section 1962d–5b of title 42, a non-Federal sponsor for any project carried out under this section may include a nonprofit enti- ty, with the consent of the affected local govern- ment. (h) Authorization of appropriations There is authorized to be appropriated not to exceed $62,000,000 annually to carry out this sec- tion. (i) Definition In this section, the term ‘‘water resources project constructed by the Secretary’’ includes a water resources project constructed or funded jointly by the Secretary and the head of any other Federal agency (including the Natural Re- sources Conservation Service). (j) Drought Resilience Drought resilience measures carried out under this section may include— (1) water conservation measures to mitigate and address drought conditions; (2) removal of sediment captured behind a dam for the purpose of restoring or increasing the authorized storage capacity of the project concerned; (3) the planting of native plant species that will reduce the risk of drought and the inci- dence of nonnative species; and (4) other actions that increase drought resil- ience, water conservation, or water avail- ability. (Pub. L. 99–662, title XI, § 1135, Nov. 17, 1986, 100 Stat. 4251; Pub. L. 100–676, § 41, Nov. 17, 1988, 102 Stat. 4040; Pub. L. 101–640, title III, § 304, Nov. 28, 1990, 104 Stat. 4634; Pub. L. 102–580, title II, § 202, Oct. 31, 1992, 106 Stat. 4826; Pub. L. 104–303, title II, § 204, Oct. 12, 1996, 110 Stat. 3678; Pub. L. 106–53, title V, § 506, Aug. 17, 1999, 113 Stat. 338; Pub. L. 106–541, title II, § 210(c), Dec. 11, 2000, 114 Stat. 2592; Pub. L. 110–114, title II, § 2024, Nov. 8, 2007, 121 Stat. 1079; Pub. L. 113–121, title I, § 1030(f), June 10, 2014, 128 Stat. 1232; Pub. L. 115–270, title I, § 1157(g), Oct. 23, 2018, 132 Stat. 3794; Pub. L. 118–272, div. A, title I, § 1107(g), Jan. 4, 2025, 138 Stat. 3005.) Editorial Notes CODIFICATION Subsec. (f) of this section, which required the Sec- retary to transmit biennial reports to Congress on the results of reviews conducted under subsec. (a) of this section and on the programs conducted under subsecs. Page 795 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2310 (b) and (c) of this section, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 72 of House Doc- ument No. 103–7. Section was formerly set out as a note under section 2294 of this title. AMENDMENTS 2025—Pub. L. 118–272, § 1107(g)(1), inserted ‘‘or drought resiliency’’ after ‘‘environment’’ in section catchline. Subsec. (a). Pub. L. 118–272, § 1107(g)(2), substituted ‘‘for the purpose of—’’ for ‘‘for the purpose of’’, des- ignated remainder of existing provisions as par. (1), substituted ‘‘environment; or’’ for ‘‘environment.’’, and added par. (2). Subsec. (b). Pub. L. 118–272, § 1107(g)(3), substituted ‘‘(2) will provide for drought resilience or will improve’’ for ‘‘(2) will improve’’. Subsec. (d). Pub. L. 118–272, § 1107(g)(4), substituted ‘‘$15,000,000’’ for ‘‘$10,000,000’’. Subsec. (h). Pub. L. 118–272, § 1107(g)(5), substituted ‘‘$62,000,000’’ for ‘‘$50,000,000’’. Subsec. (j). Pub. L. 118–272, § 1107(g)(6), added subsec. (j). 2018—Subsec. (h). Pub. L. 115–270 substituted ‘‘$50,000,000’’ for ‘‘$40,000,000’’. 2014—Subsec. (d). Pub. L. 113–121 substituted ‘‘The non-Federal share may be provided’’ for ‘‘Not more than 80 percent of the non-Federal share may be’’ and ‘‘$10,000,000’’ for ‘‘$5,000,000’’. 2007—Subsec. (h). Pub. L. 110–114 substituted ‘‘$40,000,000’’ for ‘‘$25,000,000’’. 2000—Subsecs. (g) to (i). Pub. L. 106–541 added subsec. (g) and redesignated former subsecs. (g) and (h) as (h) and (i), respectively. 1999—Subsec. (c). Pub. L. 106–53 designated existing provisions as par. (1), inserted heading, and added par. (2). 1996—Subsec. (a). Pub. L. 104–303, § 204(a), struck out ‘‘the operation of’’ after ‘‘to review’’ and inserted be- fore period at end ‘‘and to determine if the operation of such projects has contributed to the degradation of the quality of the environment’’. Subsec. (b). Pub. L. 104–303, § 204(b), struck out at end ‘‘The non-Federal share of the cost of any modifica- tions carried out under this section shall be 25 percent. No modification shall be carried out under this section without specific authorization by Congress if the esti- mated cost exceeds $5,000,000.’’ Subsecs. (c), (d). Pub. L. 104–303, § 204(c)(2), added sub- secs. (c) and (d). Former subsecs. (c) and (d) redesig- nated (e) and (f), respectively. Subsec. (e). Pub. L. 104–303, § 204(c)(1), redesignated subsec. (c) as (e). Former subsec. (e) redesignated (g). Subsec. (f). Pub. L. 104–303, § 204(c)(1), (3), redesignated subsec. (d) as (f) and substituted ‘‘programs conducted under subsections (b) and (c)’’ for ‘‘program conducted under subsection (b)’’. Subsec. (g). Pub. L. 104–303, § 204(c)(1), redesignated subsec. (e) as (g). Subsec. (h). Pub. L. 104–303, § 204(d), added subsec. (h). 1992—Subsec. (b). Pub. L. 102–580, § 202(1), inserted at end ‘‘No modification shall be carried out under this section without specific authorization by Congress if the estimated cost exceeds $5,000,000.’’ Subsec. (e). Pub. L. 102–580, § 202(2), substituted ‘‘$25,000,000’’ for ‘‘$15,000,000’’. 1990—Subsec. (a). Pub. L. 101–640, § 304(a), struck out ‘‘before the date of enactment of this Act’’ after ‘‘con- structed by the Secretary’’. Subsec. (b). Pub. L. 101–640, § 304(b), substituted ‘‘pro- gram’’ for ‘‘demonstration program in the 5-year period beginning on the date of enactment of this Act’’ and struck out ‘‘before the date of enactment of this Act’’ after ‘‘constructed by the Secretary’’. Subsec. (d). Pub. L. 101–640, § 304(c), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: ‘‘Not later than 5 years after the date of enact- ment of this Act, the Secretary shall transmit to Con- gress a report on the results of the review conducted under subsection (a) and on the demonstration program conducted under subsection (b). Such report shall con- tain any recommendations of the Secretary concerning modification and extension of such program.’’ Subsec. (e). Pub. L. 101–640, § 304(d), substituted ‘‘$15,000,000 annually to carry out this section’’ for ‘‘$25,000,000 to carry out this section’’. 1988—Subsec. (b). Pub. L. 100–676, § 41(a), substituted ‘‘5-year period’’ for ‘‘two-year period’’. Subsec. (d). Pub. L. 100–676, § 41(b), substituted ‘‘5 years’’ for ‘‘two years’’. § 2310. Cost sharing for Territories and Indian tribes (a) In general The Secretary shall waive local cost-sharing requirements up to $200,000 for all studies and projects— (1) in American Samoa, Guam, the Northern Mariana Islands, the Virgin Islands, Puerto Rico, and the Trust Territory of the Pacific Is- lands; (2) for any Indian tribe or tribal organization (as those terms are defined in section 5304 of title 25); and (3) for any organization that— (A) is composed primarily of people who are— (i) recognized and defined under Federal law as indigenous people of the United States; and (ii) from a specific community; and (B) assists in the social, cultural, and edu- cational development of such people in that community. (b) Inflation adjustment The Secretary shall adjust the dollar amount specified in subsection (a) on an annual basis for inflation. (c) Inclusion For purposes of this section, the term ‘‘study’’ includes a watershed assessment. (d) Application The Secretary shall apply the waiver amount described in subsection (a) to reduce only the non-Federal share of study and project costs. (Pub. L. 99–662, title XI, § 1156, Nov. 17, 1986, 100 Stat. 4256; Pub. L. 113–121, title I, § 1032, June 10, 2014, 128 Stat. 1233; Pub. L. 114–322, title I, § 1119, Dec. 16, 2016, 130 Stat. 1643; Pub. L. 115–270, title I, §§ 1155(a), 1156, Oct. 23, 2018, 132 Stat. 3793; Pub. L. 116–260, div. AA, title I, § 135, Dec. 27, 2020, 134 Stat. 2649; Pub. L. 117–263, div. H, title LXXXI, § 8114, Dec. 23, 2022, 136 Stat. 3707.) Editorial Notes AMENDMENTS 2022—Subsec. (a)(3). Pub. L. 117–263, § 8114(1), added par. (3). Subsecs. (c), (d). Pub. L. 117–263, § 8114(2), added sub- secs. (c) and (d). 2020—Subsec. (b). Pub. L. 116–260 substituted ‘‘on an annual basis for inflation.’’ for ‘‘for inflation for the pe- riod beginning on November 17, 1986, and ending on Oc- tober 23, 2018.’’ 2018—Subsec. (a)(2). Pub. L. 115–270, § 1155(a), sub- stituted ‘‘or tribal organization (as those terms are de- fined in section 5304 of title 25).’’ for ‘‘(as defined in sec- tion 5130 of title 25).’’