33 U.S.C. § 2262 — Survey of potential for use of certain fa-

Page 747 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2263 Editorial Notes CODIFICATION Section was enacted as part of the Water Resources Development Act of 2020, 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 div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title. SUBCHAPTER IV—WATER RESOURCES STUDIES § 2261. Territories development study The Secretary is hereby authorized and di- rected to make studies in cooperation with the Secretary of the Interior and the governments of the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Is- lands for the purposes of providing plans for the development, utilization, and conservation of water and related land resources of such juris- diction, at a total cost of $2,000,000 for each of the five studies. Such studies shall include ap- propriate consideration of the needs for flood protection, wise use of flood plain lands, naviga- tion facilities, hydroelectric power generation, regional water supply and waste water manage- ment facilities systems, general recreation fa- cilities, enhancement and control of water qual- ity, enhancement and conservation of fish and wildlife, and other measures for environmental enhancement, economic and human resources development. Such studies shall be compatible with comprehensive development plans formu- lated by local planning agencies and other inter- ested Federal agencies. Any funds made avail- able under this section for a study for any such jurisdiction which is not needed for such study shall be available to the Secretary to construct authorized water resources projects in such ju- risdiction and to implement the findings of such study with appropriate cost sharing as provided in this Act. (Pub. L. 99–662, title VII, § 702, Nov. 17, 1986, 100 Stat. 4156.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4082, known as the Water Resources De- velopment Act of 1986. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 2262. Survey of potential for use of certain fa- cilities as hydroelectric facilities (a) Survey authority The Secretary shall, upon the request of local public officials, survey the potential and meth- ods for rehabilitating former industrial sites, millraces, and similar types of facilities already constructed for use as hydroelectric facilities. The Secretary shall, upon request, provide tech- nical assistance to local public agencies, includ- ing electric cooperatives, in designing projects to rehabilitate sites that have been surveyed, or are qualified for such survey, under this section. The non-Federal share of the cost of carrying out this section shall be 50 percent. (b) Authorization of appropriations There is authorized to be appropriated to the Secretary, to implement this section, the sum of $5,000,000 for each of the fiscal years ending Sep- tember 30, 1988, through September 30, 1992, such sums to remain available until expended. (Pub. L. 99–662, title VII, § 703, Nov. 17, 1986, 100 Stat. 4156.) § 2263. Study of Corps capability to conserve fish and wildlife (a) Investigation and study The Secretary shall investigate and study the feasibility of utilizing the capabilities of the United States Army Corps of Engineers to con- serve fish and wildlife (including their habitats) where such fish and wildlife are indigenous to the United States, its possessions, or its terri- tories. The scope of such study shall include the use of engineering or construction capabilities to create alternative habitats, or to improve, enlarge, develop, or otherwise beneficially mod- ify existing habitats of such fish and wildlife. The study shall be conducted in consultation with the Director of the Fish and Wildlife Serv- ice of the Department of the Interior, the As- sistant Administrator for Fisheries of the Na- tional Oceanic and Atmospheric Administration, and the Administrator of the Environmental Protection Agency, and shall be transmitted within the 30-month period beginning on Novem- ber 17, 1986, by the Secretary to Congress, to- gether with the findings, conclusions, and rec- ommendations of the Chief of Engineers. The Secretary, in consultation with the Federal offi- cers referred to in the preceding sentence, shall undertake a continuing review of the matters covered in the study and shall transmit to Con- gress, on a biennial basis, any revisions to the study that may be required as a result of the re- view, together with the findings, conclusions, and recommendations of the Chief of Engineers. (b) Projects (1) In general The Secretary is further authorized to con- duct projects of alternative or beneficially modified habitats for fish and wildlife, includ- ing but not limited to man-made reefs for fish. There is authorized to be appropriated not to exceed $120,000,000 to carry out such projects. (2) Inclusions Such projects shall be developed, and their effectiveness evaluated, in consultation with