33 U.S.C. § 2320 — Protection of recreational and commercial

Page 808 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2320 ‘‘(B) not later than 2 years after the date of enact- ment of this Act, submit to Congress a report that— ‘‘(i) summarizes the results of the audit required by subparagraph (A); ‘‘(ii) includes an assessment of whether existing practices for managing and reviewing project oper- ations could result in greater efficiencies that would enable the Corps of Engineers to better pre- pare for, contain, and respond to flood, storm, and drought conditions; and ‘‘(iii) includes recommendations for improving the review of project operations to improve the effi- ciency and effectiveness of such operations and to better achieve authorized purposes while enhancing overall project benefits. ‘‘(4) INTERAGENCY AND COOPERATIVE AGREEMENTS.— The Secretary may enter into interagency agreements with other Federal agencies and cooperative agree- ments with non-Federal entities to carry out this sub- section and reviews of project operations or activities resulting from those reviews. ‘‘(5) FUNDING.— ‘‘(A) IN GENERAL.—The Secretary may use to carry out this subsection, including any reviews of project operations identified in the plan developed under paragraph (2)(B)(ii)(I)(dd), amounts made available to the Secretary. ‘‘(B) FUNDING FROM OTHER SOURCES.—The Secretary may accept and expend amounts from non-Federal entities and other Federal agencies to carry out this subsection and reviews of project operations or ac- tivities resulting from those reviews. ‘‘(6) EFFECT OF SUBSECTION.— ‘‘(A) IN GENERAL.—Nothing in this subsection changes the authorized purpose of any Corps of Engi- neers dam or reservoir. ‘‘(B) ADMINISTRATION.—The Secretary may carry out any recommendations and activities under this subsection pursuant to existing law.’’ ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 2 of Pub. L. 101–640, set out as a note under section 2201 of this title. § 2320. Protection of recreational and commercial uses (a) General rule In planning any water resources project, the Secretary shall consider the impact of the project on existing and future recreational and commercial uses in the area surrounding the project. (b) Maintenance Whenever the Secretary maintains, repairs, rehabilitates, or reconstructs a water resources project which will result in a change in the con- figuration of a structure which is a part of such project, the Secretary, to the maximum extent practicable, shall carry out such maintenance, repair, rehabilitation, or reconstruction in a manner which will not adversely affect any rec- reational use established with respect to such project before the date of such maintenance, re- pair, rehabilitation, or reconstruction. (c) Mitigation (1) In general If maintenance, repair, rehabilitation, or re- construction of a water resources project by the Secretary results in a change in the con- figuration of any structure which is a part of such project and has an adverse effect on a recreational use established with respect to such project before the date of such mainte- nance, repair, rehabilitation, or reconstruc- tion, the Secretary, to the maximum extent practicable, shall take such actions as may be necessary to restore such recreational use or provide alternative opportunities for com- parable recreational use. (2) Maximum amount The Secretary may not expend more than $2,000,000 in a fiscal year to carry out this sub- section. (3) Termination date This subsection shall not be effective after the last day of the 5-year period beginning on November 28, 1990; except that the Secretary may complete any restoration commenced under this subsection on or before such last day. (d) Applicability (1) General rule Subsections (b) and (c) shall apply to main- tenance, repair, rehabilitation, or reconstruc- tion for which physical construction is initi- ated after May 1, 1988. (2) Limitation Subsections (b) and (c) shall not apply to any action of the Secretary which is necessary to discontinue the operation of a water re- sources project. (e) Cost sharing Costs incurred by the Secretary to carry out the objectives of this section shall be allocated to recreation and shall be payable by the bene- ficiaries of the recreation. (Pub. L. 101–640, title III, § 313, Nov. 28, 1990, 104 Stat. 4640.) Editorial Notes CODIFICATION Section was enacted as part of the Water Resources Development Act of 1990, 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. 101–640, set out as a note under section 2201 of this title. § 2321. Operation and maintenance of navigation and hydroelectric facilities (a) In general Activities currently performed by personnel under the direction of the Secretary in connec- tion with the operation and maintenance of navigation or hydroelectric power generating fa- cilities at Corps of Engineers water resources projects are to be considered as inherently gov- ernmental functions and not commercial activi- ties. (b) Major maintenance contracts allowed This section does not prohibit contracting out major maintenance or other functions which are