§ 2263. — Study of Corps capability to conserve fish and wildlife.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2263]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 36--WATER RESOURCES DEVELOPMENT
SUBCHAPTER IV--WATER RESOURCES STUDIES
Sec. 2263. Study of Corps capability to conserve fish and
wildlife
(a) Investigation and study
The Secretary shall investigate and study the feasibility of
utilizing the capabilities of the United States Army Corps of Engineers
to conserve fish and wildlife (including their habitats) where such fish
and wildlife are indigenous to the United States, its possessions, or
its territories. The scope of such study shall include the use of
engineering or construction capabilities to create alternative habitats,
or to improve, enlarge, develop, or otherwise beneficially modify
existing habitats of such fish and wildlife. The study shall be
conducted in consultation with the Director of the Fish and Wildlife
Service of the Department of the Interior, the Assistant Administrator
for Fisheries of the National Oceanic and Atmospheric Administration,
and the Administrator of the Environmental Protection Agency, and shall
be transmitted within the 30-month period beginning on November 17,
1986, by the Secretary to Congress, together with the findings,
conclusions, and recommendations of the Chief of Engineers. The
Secretary, in consultation with the Federal officers referred to in the
preceding sentence, shall undertake a continuing review of the matters
covered in the study and shall transmit to Congress, on a biennial
basis, any revisions to the study that may be required as a result of
the review, together with the findings, conclusions, and recommendations
of the Chief of Engineers.
(b) Projects
(1) In general
The Secretary is further authorized to conduct projects of
alternative or beneficially modified habitats for fish and wildlife,
including but not limited to man-made reefs for fish. There is
authorized to be appropriated not to exceed $20,000,000 to carry out
such projects. Such projects shall be developed, and their
effectiveness evaluated, in consultation with the Director of the
Fish and Wildlife Service and the Assistant Administrator for
Fisheries of the National Oceanic and Atmospheric Administration.
Such projects shall include--
(A) the construction of a reef for fish habitat in Lake Erie
in the vicinity of Buffalo, New York;
(B) the construction of a reef for fish habitat in the
Atlantic Ocean in the vicinity of Fort Lauderdale, Florida;
(C) the construction of a reef for fish habitat in Lake
Ontario in the vicinity of the town of Newfane, New York; and
(D) the construction of reefs and related clean shell
substrate for fish habitat, including manmade 3-dimensional
oyster reefs, in the Chesapeake Bay and its tributaries in
Maryland and Virginia if the reefs are preserved as permanent
sanctuaries by the non-Federal interests, consistent with the
recommendations of the scientific consensus document on
Chesapeake Bay oyster restoration dated June 1999.
(2) Cost sharing
(A) In general
The non-Federal share of the cost of any project under this
subsection shall be 25 percent.
(B) Form
The non-Federal share may be provided through in-kind
services, including the provision by the non-Federal interest of
shell stock material that is determined by the Chief of
Engineers to be suitable for use in carrying out the project.
(C) Applicability
The non-Federal interest shall be credited with the value of
in-kind services provided on or after October 1, 2000, for a
project described in paragraph (1) completed on or after that
date, if the Secretary determines that the work is integral to
the project.
In carrying out paragraph (4),\1\ the Chief of Engineers may solicit
participation by and the services of commercial watermen in the
construction of the reefs.
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\1\ So in original. Probably should be paragraph ``(1)(D)''.
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(Pub. L. 99-662, title VII, Sec. 704, Nov. 17, 1986, 100 Stat. 4157;
Pub. L. 104-303, title V, Sec. 505, Oct. 12, 1996, 110 Stat. 3757; Pub.
L. 106-541, title III, Sec. 342, Dec. 11, 2000, 114 Stat. 2612; Pub. L.
107-66, title I, Sec. 113, Nov. 12, 2001, 115 Stat. 496.)
Amendments
2001--Subsec. (b). Pub. L. 107-66 inserted subsec. heading,
designated introductory provisions as par. (1), inserted par. (1)
heading, redesignated former pars. (1) to (4) as subpars. (A) to (D),
respectively, of par. (1), and substituted par. (2) for first sentence
of concluding provisions which read ``The non-Federal share of the cost
of any project under this section shall be 25 percent.''
2000--Subsec. (b). Pub. L. 106-541, Sec. 342(1), (3), substituted
``$20,000,000'' for ``$7,000,000'' in second sentence of introductory
provisions and inserted at end of concluding provisions ``In carrying
out paragraph (4), the Chief of Engineers may solicit participation by
and the services of commercial watermen in the construction of the
reefs.''
Subsec. (b)(4). Pub. L. 106-541, Sec. 342(2), added par. (4) and
struck out former par. (4) which read as follows: ``the construction of
a reef for fish habitat in the Chesapeake Bay in Maryland and
Virginia.''
1996--Subsec. (b). Pub. L. 104-303 substituted ``$7,000,000'' for
``$5,000,000'' in introductory provisions and inserted ``and Virginia''
after ``Maryland'' in par. (4).
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law
requiring submittal to Congress of any annual, semiannual, or other
regular periodic report listed in House Document No. 103-7 (in which a
report required under subsec. (a) of this section is listed on page 68),
see section 3003 of Pub. L. 104-66, as amended, set out as a note under
section 1113 of Title 31, Money and Finance.
