33 U.S.C. § 2284 — Benefits and costs attributable to environ-

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- 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-