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

(a)

General authority

(1)

In general

The Secretary may carry out a project to restore and protect an aquatic ecosystem or estuary if the Secretary determines that the project—

(A)

(i)

will improve the quality of the environment and is in the public interest; or

(ii)

section 2902 of this title will improve the elements and features of an estuary (as defined in ); and

(B)

is cost-effective.

(2)

Dam removal

A project under this section may include removal 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 important for anadromous fish habitat or passage.

(B)

Benefits

A project that includes measures under this paragraph shall be formulated to maximize benefits for the anadromous fish species 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 removal of invasive species.

(b)

Cost sharing

(1)

In general

Non-Federal interests shall provide 35 percent of the cost of construction of any project carried out under this section, including provision of all lands, easements, rights-of-way, and necessary relocations.

(2)

Form

October 1, 2003Before , 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 interest 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 operation, maintenance, and replacement and rehabilitation costs with respect to the project in accordance with regulations prescribed by the Secretary.

(2)

Nonprofit entities

section 1962d–5b of title 42Notwithstanding , for any project carried out under this section, a non-Federal interest may include a nonprofit 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

section 2289a of this titleIn carrying out a project to restore and protect an aquatic ecosystem or estuary under subsection (a), the Secretary shall consider, and may include, with the consent of the non-Federal interest, a natural feature or nature-based feature, as such terms are defined in , 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, § 206Oct. 12, 1996110 Stat. 3679 Pub. L. 106–53, title II, § 210Aug. 17, 1999113 Stat. 287 Pub. L. 110–114, title II, § 2020Nov. 8, 2007121 Stat. 1078 Pub. L. 113–121, title I, § 1030(g)June 10, 2014128 Stat. 1232 Pub. L. 115–270, title IOct. 23, 2018132 Stat. 3787 Pub. L. 116–260, div. AA, title I, § 126(a)Dec. 27, 2020134 Stat. 2640 Pub. L. 118–272, div. A, title I, § 1107(e)Jan. 4, 2025138 Stat. 3004(, , ; , , ; , , ; , , ; , §§ 1149(a), 1157(f), , , 3794; , , ; , , .)

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

Pub. L. 118–272, § 1107(e)(1)2025—Subsec. (a)(4). , added par. (4).

Pub. L. 118–272, § 1107(e)(2)Subsec. (b)(3). , added par. (3).

Pub. L. 118–272, § 1107(e)(3)Subsec. (d). , substituted “$15,000,000” for “$10,000,000”.

Pub. L. 118–272, § 1107(e)(4)Subsec. (f). , substituted “$75,000,000” for “$62,500,000”.

Pub. L. 116–260, § 126(a)(1)2020—Subsec. (a)(3). , added par. (3).

Pub. L. 116–260, § 126(a)(2)Subsec. (g). , added subsec. (g).

Pub. L. 115–270, § 1149(a)(2)2018—Subsec. (e). , added subsec. (e). Former subsec. (e) redesignated (f).

Pub. L. 115–270Subsec. (f). , §§ 1149(a)(1), 1157(f), redesignated subsec. (e) as (f) and substituted “$62,500,000” for “$50,000,000”.

Pub. L. 113–1212014—Subsec. (d). substituted “$10,000,000” for “$5,000,000”.

Pub. L. 110–114, § 2020(1)2007—Subsec. (a). , added subsec. (a) and struck out former subsec. (a), which read as follows:

General authority“(a) .—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.”

Pub. L. 110–114, § 2020(2)Subsec. (e). , substituted “$50,000,000” for “$25,000,000”.

Pub. L. 106–53, § 210(1)1999—Subsec. (b). , designated existing provisions as par. (1), inserted heading, and added par. (2).

Pub. L. 106–53, § 210(2)Subsec. (c). , designated existing provisions as par. (1), inserted heading, and added par. (2).

Statutory Notes and Related Subsidiaries

“Secretary” Defined

section 2 of Pub. L. 104–303 section 2201 of this titleSecretary means the Secretary of the Army, see , set out as a note under .