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33 U.S.C. § 2330 — Aquatic ecosystem restoration

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2330 — Aquatic ecosystem restoration

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Source file: Laws/federal/codes/united-states-code-2024/title-33/section-2330-aquatic-ecosystem-restoration--3e494704e4.md
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Source location: USCODE-2024-title33-chap36-subchapV-sec2330.pdf

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Page 832 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2330 cantly improve waterborne transportation in the United States, both inland and deep draft. Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 3 of Pub. L. 102–580, set out as a note under section 2201 of this title. § 2330. Aquatic ecosystem restoration (a) General authority (1) In general The Secretary may carry out a project to re- store and protect an aquatic ecosystem or es- tuary if the Secretary determines that the project— (A)(i) will improve the quality of the envi- ronment and is in the public interest; or (ii) will improve the elements and features of an estuary (as defined in section 2902 of this title); and (B) is cost-effective. (2) Dam removal A project under this section may include re- moval of a dam. (3) Anadromous fish habitat and passage (A) Measures A project under this section may include measures to improve habitat or passage for anadromous fish, including— (i) installing fish bypass structures on small water diversions; (ii) modifying tide gates; and (iii) restoring or reconnecting floodplains and wetlands that are impor- tant for anadromous fish habitat or pas- sage. (B) Benefits A project that includes measures under this paragraph shall be formulated to maxi- mize benefits for the anadromous fish spe- cies benefitted by the project. (4) Drought resilience A project under this section may include measures that enhance drought resilience through the restoration of wetlands or the re- moval of invasive species. (b) Cost sharing (1) In general Non-Federal interests shall provide 35 per- cent of the cost of construction of any project carried out under this section, including provi- sion of all lands, easements, rights-of-way, and necessary relocations. (2) Form Before October 1, 2003, the Federal share of the cost of a project under this section may be provided in the form of reimbursements of project costs. (3) Anadromous fish Notwithstanding paragraph (1), for projects carried out under subsection (a)(3), the non- Federal interest shall provide 15 percent of the cost of construction, including provision of all lands, easements, rights-of-way, and necessary relocations. (c) Agreements (1) In general Construction of a project under this section shall be initiated only after a non-Federal in- terest has entered into a binding agreement with the Secretary to pay the non-Federal share of the costs of construction required by this section and to pay 100 percent of any oper- ation, maintenance, and replacement and re- habilitation costs with respect to the project in accordance with regulations prescribed by the Secretary. (2) Nonprofit entities Notwithstanding section 1962d–5b of title 42, for any project carried out under this section, a non-Federal interest may include a non- profit entity, with the consent of the affected local government. (d) Cost limitation Not more than $15,000,000 in Federal funds may be allotted under this section for a project at any single locality. (e) Use of natural and nature-based features In carrying out a project to restore and pro- tect an aquatic ecosystem or estuary under sub- section (a), the Secretary shall consider, and may include, with the consent of the non-Fed- eral interest, a natural feature or nature-based feature, as such terms are defined in section 2289a of this title, if the Secretary determines that inclusion of such features is consistent with the requirements of subsection (a). (f) Funding There is authorized to be appropriated to carry out this section $75,000,000 for each fiscal year. (g) Prioritization The Secretary shall give projects that include measures described in subsection (a)(3) equal priority for implementation as other projects under this section. (Pub. L. 104–303, title II, § 206, Oct. 12, 1996, 110 Stat. 3679; Pub. L. 106–53, title II, § 210, Aug. 17, 1999, 113 Stat. 287; Pub. L. 110–114, title II, § 2020, Nov. 8, 2007, 121 Stat. 1078; Pub. L. 113–121, title I, § 1030(g), June 10, 2014, 128 Stat. 1232; Pub. L. 115–270, title I, §§ 1149(a), 1157(f), Oct. 23, 2018, 132 Stat. 3787, 3794; Pub. L. 116–260, div. AA, title I, § 126(a), Dec. 27, 2020, 134 Stat. 2640; Pub. L. 118–272, div. A, title I, § 1107(e), Jan. 4, 2025, 138 Stat. 3004.) 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. AMENDMENTS 2025—Subsec. (a)(4). Pub. L. 118–272, § 1107(e)(1), added par. (4). Subsec. (b)(3). Pub. L. 118–272, § 1107(e)(2), added par. (3). Page 833 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2330b Subsec. (d). Pub. L. 118–272, § 1107(e)(3), substituted ‘‘$15,000,000’’ for ‘‘$10,000,000’’. Subsec. (f). Pub. L. 118–272, § 1107(e)(4), substituted ‘‘$75,000,000’’ for ‘‘$62,500,000’’. 2020—Subsec. (a)(3). Pub. L. 116–260, § 126(a)(1), added par. (3). Subsec. (g). Pub. L. 116–260, § 126(a)(2), added subsec. (g). 2018—Subsec. (e). Pub. L. 115–270, § 1149(a)(2), added subsec. (e). Former subsec. (e) redesignated (f). Subsec. (f). Pub. L. 115–270, §§ 1149(a)(1), 1157(f), redes- ignated subsec. (e) as (f) and substituted ‘‘$62,500,000’’ for ‘‘$50,000,000’’. 2014—Subsec. (d). Pub. L. 113–121 substituted ‘‘$10,000,000’’ for ‘‘$5,000,000’’. 2007—Subsec. (a). Pub. L. 110–114, § 2020(1), added sub- sec. (a) and struck out former subsec. (a), which read as follows: ‘‘(a) GENERAL AUTHORITY.—The Secretary may carry out an aquatic ecosystem restoration and protection project if the Secretary determines that the project— ‘‘(1) will improve the quality of the environment and is in the public interest; and ‘‘(2) is cost-effective.’’ Subsec. (e). Pub. L. 110–114, § 2020(2), substituted ‘‘$50,000,000’’ for ‘‘$25,000,000’’. 1999—Subsec. (b). Pub. L. 106–53, § 210(1), designated existing provisions as par. (1), inserted heading, and added par. (2). Subsec. (c). Pub. L. 106–53, § 210(2), designated existing provisions as par. (1), inserted heading, and added par. (2). 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. § 2330a. Monitoring ecosystem restoration (a) In general In conducting a feasibility study for a project (or a component of a project) for ecosystem res- toration, the Secretary shall ensure that the recommended project includes, as an integral part of the project, a plan for monitoring the success of the ecosystem restoration. (b) Monitoring plan The monitoring plan shall— (1) include a description of the monitoring activities to be carried out, the criteria for ecosystem restoration success, and the esti- mated cost and duration of the monitoring; and (2) specify that the monitoring shall con- tinue until such time as the Secretary deter- mines that the criteria for ecosystem restora- tion success will be met. (c) Cost share For a period of 10 years from completion of construction of a project (or a component of a project) for ecosystem restoration, the Sec- retary shall consider the cost of carrying out the monitoring as a project cost. If the moni- toring plan under subsection (b) requires moni- toring beyond the 10-year period, the cost of monitoring shall be a non-Federal responsi- bility. (d) Inclusions A monitoring plan under subsection (b) shall include a description of— (1) the types and number of restoration ac- tivities to be conducted; (2) the physical action to be undertaken to achieve the restoration objectives of the project; (3) the functions and values that will result from the restoration plan; and (4) a contingency plan for taking corrective actions in cases in which monitoring dem- onstrates that restoration measures are not achieving ecological success in accordance with criteria described in the monitoring plan. (e) Conclusion of operation and maintenance re- sponsibility The responsibility of a non-Federal interest for operation and maintenance of the non- structural and nonmechanical elements of a project, or a component of a project, for eco- system restoration shall cease 10 years after the date on which the Secretary makes a determina- tion of success under subsection (b)(2). (f) Federal obligations The Secretary is not responsible for the oper- ation or maintenance of any components of a project with respect to which a non-Federal in- terest is released from obligations under sub- section (e). (Pub. L. 110–114, title II, § 2039, Nov. 8, 2007, 121 Stat. 1100; Pub. L. 114–322, title I, § 1161, Dec. 16, 2016, 130 Stat. 1668.) 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 2016—Subsecs. (d) to (f). Pub. L. 114–322 added subsecs. (d) to (f). 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. § 2330b. Fish hatcheries (a) In general Notwithstanding any other provision of law, the Secretary may operate a fish hatchery for the purpose of restoring a population of fish spe- cies located in the region surrounding the fish hatchery that is listed as a threatened species or an endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or a similar State law. (b) Costs A non-Federal entity, another Federal agency, or a group of non-Federal entities or other Fed- eral agencies shall be responsible for 100 percent of the additional costs associated with man- aging a fish hatchery for the purpose described in subsection (a) that are not authorized as of December 16, 2016, for the fish hatchery. (Pub. L. 114–322, title I, § 1168, Dec. 16, 2016, 130 Stat. 1671.)

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1531 — Congressional findings and declaration of purposes and policy

**(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

Stored review status: release_metadata_unconfirmed. The source passage cites 16 U.S.C. § 1531. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1531 — Congressional findings and declaration of

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

33 U.S.C. § 2330 — Challenge cost-sharing program for management of recreation facilities

**(a) In general** The Secretary is authorized to develop and implement a program to share the cost of managing recreation facilities and natural resources at water resource development projects under the Secretary’s jurisdiction. **(b) Cooperative agreements** (1) **In general** — To implement the program under this section, the Secretary is authorized to enter into cooperative agreements with non-Federal public entities and private nonprofit entities to provide for operation and management of recreation facilities and natural resources at civil works projects under the Secretary’s jurisdiction where such facilities and resources are being maintained at complete Federal expense. (2) **Requirements** — Before entering into an agreement under paragraph (1), the Secretary shall ensure that the non-Federal public entity or private nonprofit entity has the authority and capability— (A) to carry out the terms of the agreement; and (B) to pay damages, if necessary, in the event of a failure to perform. **(c) User fees** (1) **Collection of fees** (A) *In general* — The Secretary may allow a non-Federal public entity or private nonprofit entity that has entered into an agreement pursuant to subsection (b) to collect user fees for the use of developed recreation sites and facilities, whether developed or constructed by the non-Federal public entity or private nonprofit entity or the Department of the Army. (B) *Use of visitor reservation services* (i) *In general* — A non-Federal public entity or a private nonprofit entity described in subparagraph (A) may use, to manage fee collections and reservations under this section, any visitor reservation service that the Secretary has provided for by contract or interagency agreement, subject to such terms and con

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