33 U.S.C. § 2287 — Continued planning and investigations

Page 783 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2287 1 So in original. Probably should be capitalized. fits attributable to measures included in a project for the purpose of environmental qual- ity, including improvement of the environment and fish and wildlife enhancement, shall be deemed to be at least equal to the costs of such measures. (Pub. L. 99–662, title IX, § 907, Nov. 17, 1986, 100 Stat. 4188.) § 2284a. Benefits to navigation In evaluating potential improvements to navi- gation and the maintenance of navigation projects, the Secretary shall consider, and in- clude for purposes of project justification, eco- nomic benefits generated by cruise ships as com- mercial navigation benefits. (Pub. L. 104–303, title II, § 230, Oct. 12, 1996, 110 Stat. 3704.) Editorial Notes 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. Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 2 of Pub. L. 104–303, set out as a note under section 2201 of this title. § 2284b. Scenic and aesthetic considerations In conducting studies of potential water re- sources projects, the Secretary shall consider measures to preserve and enhance scenic and aesthetic qualities in the vicinity of such projects. (Pub. L. 104–303, title II, § 232, Oct. 12, 1996, 110 Stat. 3704.) Editorial Notes 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. Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 2 of Pub. L. 104–303, set out as a note under section 2201 of this title. § 2285. Environmental Protection and Mitigation Fund There is established an Environmental Protec- tion and Mitigation Fund. There is authorized to be appropriated to such fund $35,000,000 for fiscal years beginning after September 30, 1986. Amounts in the fund 1 shall be available for un- dertaking, in advance of construction of any water resources project authorized to be con- structed by the Secretary, such measures au- thorized as part of such project, including the acquisition of lands and interests therein, as may be necessary to ensure that project-induced losses to fish and wildlife production and habi- tat will be mitigated. The Secretary shall reim- burse the Fund for any amounts expended under this section for a water resources project from the first appropriations made for construction, including planning and designing, of such project. (Pub. L. 99–662, title IX, § 908, Nov. 17, 1986, 100 Stat. 4188.) § 2286. Acceptance of certain funds for mitigation The Secretary is authorized to accept funds from any entity, public or private, in accordance with the Pacific Northwest Electric Power Plan- ning and Conservation Act [16 U.S.C. 839 et seq.] to be used to protect, mitigate, and enhance fish and wildlife in connection with projects con- structed or operated by the Secretary. The Sec- retary may accept and use funds for such pur- poses without regard to any limitation estab- lished under any other provision of law or rule of law. (Pub. L. 99–662, title XI, § 1146, Nov. 17, 1986, 100 Stat. 4253.) Editorial Notes REFERENCES IN TEXT The Pacific Northwest Electric Power Planning and Conservation Act, referred to in text, is Pub. L. 96–501, Dec. 5, 1980, 94 Stat. 2697, which is classified principally to chapter 12H (§ 839 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 839 of Title 16 and Tables. § 2287. Continued planning and investigations (a) Pre-authorization planning and engineering After the Chief of Engineers transmits his rec- ommendations for a water resources develop- ment project to the Secretary for transmittal to the Congress, as authorized in section 701–1 of this title, and before authorization for construc- tion of such project, the Chief of Engineers is authorized to undertake continued planning and engineering (other than preparation of plans and specifications) for such project if the Chief of Engineers finds that the project is without sub- stantial controversy and justifies further engi- neering, economic, and environmental inves- tigations and the Chief of Engineers transmits to the Committee on Public Works and Trans- portation of the House of Representatives and the Committee on Environment and Public Works of the Senate a statement of such find- ings. In the one-year period after authorization for construction of such project, the Chief of En- gineers is authorized to undertake planning, en- gineering, and design for such project. (b) Omitted (c) Authorizations as additions to other author- izations The authorization made by this section shall be in addition to any other authorizations for planning, engineering, and design of water re- Page 784 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2288 sources development projects and shall not be construed as a limitation on any other such au- thorization. (Pub. L. 99–662, title IX, § 910, Nov. 17, 1986, 100 Stat. 4189.) Editorial Notes CODIFICATION Subsec. (b) of this section, which required the Sec- retary to prepare and transmit an annual report to cer- tain committees of Congress on activities undertaken under 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 Document No. 103–7. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Public Works and Transportation of House of Representatives treated as referring to Com- mittee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Con- gress. § 2288. Repealed. Pub. L. 113–121, title I, § 1004, June 10, 2014, 128 Stat. 1199 Section, Pub. L. 99–662, title IX, § 911, Nov. 17, 1986, 100 Stat. 4189, related to review of cost effectiveness of de- sign. § 2289. Urban and rural flood control frequency In the preparation of feasibility reports for projects for flood damage prevention in urban and rural areas, the Secretary may consider and evaluate measures to reduce or eliminate dam- ages from flooding without regard to frequency of flooding, drainage area, and amount of runoff. This section shall apply with respect to any project, or separable element thereof, the Fed- eral share of the cost of which is less than $3,000,000. (Pub. L. 99–662, title IX, § 914, Nov. 17, 1986, 100 Stat. 4190.) § 2289a. Consideration of measures (a) Definitions In this section, the following definitions apply: (1) Natural feature The term ‘‘natural feature’’ means a feature that is created through the action of physical, geological, biological, and chemical processes over time. (2) Nature-based feature The term ‘‘nature-based feature’’ means a feature that is created by human design, engi- neering, and construction to provide risk re- duction by acting in concert with natural processes. (b) Requirement In studying the feasibility of projects for flood risk management, hurricane and storm damage reduction, and ecosystem restoration the Sec- retary shall, with the consent of the non-Fed- eral sponsor of the feasibility study, consider, as appropriate— (1) natural features; (2) nature-based features; (3) nonstructural measures; and (4) structural measures. (c) Report to Congress (1) In general Not later than February 1, 2020, and 5 and 10 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the im- plementation of subsection (b). (2) Contents The report under paragraph (1) shall include, at a minimum, the following: (A) A description of guidance or instruc- tions issued, and other measures taken, by the Secretary and the Chief of Engineers to implement subsection (b). (B) An assessment of the costs, benefits, impacts, and trade-offs associated with measures recommended by the Secretary for coastal risk reduction and the effectiveness of those measures. (C) A description of any statutory, fiscal, or regulatory barriers to the appropriate consideration and use of a full array of measures for coastal risk reduction. (Pub. L. 114–322, title I, § 1184, Dec. 16, 2016, 130 Stat. 1679; Pub. L. 115–270, title I, § 1149(b), Oct. 23, 2018, 132 Stat. 3787.) Editorial Notes CODIFICATION Section was enacted as part of the Water Resources Development Act of 2016, and also as part of the Water Infrastructure Improvements for the Nation Act, also known as the WIIN Act, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. AMENDMENTS 2018—Subsec. (a)(2). Pub. L. 115–270 struck out ‘‘in coastal areas’’ after ‘‘risk reduction’’. Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 1002 of Pub. L. 114–322, set out as a note under sec- tion 2201 of this title. § 2289b. Stormwater management projects (a) In general The Secretary shall establish a program to carry out studies and projects to control, retain, and reuse stormwater associated with flood con- trol efforts, in partnership with non-Federal in- terests. (b) Requirements (1) Prioritization In carrying out this section, the Secretary shall prioritize studies and projects that im- prove urban flood control efforts, including through the management of stormwater that flows at a rate of less than 800 cubic feet per second for the 10-percent flood.