33 U.S.C. § 2283b | Clarification of mitigation authority

(a)

In general

The Secretary may carry out measures to improve 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 compensate for fish losses associated with the project; and

(2)

determines that the measures are—

(A)

feasible;

(B)

consistent with authorized project purposes and the fish hatchery; and

(C)

in the public interest.

(b)

Cost sharing

(1)

In general

Subject to paragraph (2), the non-Federal interest shall contribute 35 percent of the total cost of carrying out activities under this section, including the costs relating to the provision or acquisition of required land, easements, rights-of-way, dredged material disposal areas, and relocations.

(2)

Operation and maintenance

The non-Federal interest shall contribute 100 percent of the costs of operation, maintenance, replacement, repair, and rehabilitation of the measures carried out under this section.

Pub. L. 113–121, title I, § 1028June 10, 2014128 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

section 2 of Pub. L. 113–121 section 2201 of this titleSecretary means the Secretary of the Army, see , set out as a note under .