§ 2309a. — Project modifications for improvement of environment.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2309a]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 36--WATER RESOURCES DEVELOPMENT
SUBCHAPTER V--GENERAL PROVISIONS
Sec. 2309a. Project modifications for improvement of environment
(a) Determination of need
The Secretary is authorized to review water resources projects
constructed by the Secretary to determine the need for modifications in
the structures and operations of such projects for the purpose of
improving the quality of the environment in the public interest and to
determine if the operation of such projects has contributed to the
degradation of the quality of the environment.
(b) Authority to make modifications
The Secretary is authorized to carry out a program for the purpose
of making such modifications in the structures and operations of water
resources projects constructed by the Secretary which the Secretary
determines (1) are feasible and consistent with the authorized project
purposes, and (2) will improve the quality of the environment in the
public interest.
(c) Restoration of environmental quality
(1) In general
If the Secretary determines that construction of a water
resources project by the Secretary or operation of a water resources
project constructed by the Secretary has contributed to the
degradation of the quality of the environment, the Secretary may
undertake measures for restoration of environmental quality and
measures for enhancement of environmental quality that are
associated with the restoration, through modifications either at the
project site or at other locations that have been affected by the
construction or operation of the project, if such measures do not
conflict with the authorized project purposes.
(2) Control of sea lamprey
Congress finds that--
(A) the Great Lakes navigation system has been instrumental
in the spread of sea lamprey and the associated impacts on its
fishery; and
(B) the use of the authority under this subsection for
control of sea lamprey at any Great Lakes basin location is
appropriate.
(d) Non-Federal share; limitation on maximum Federal expenditure
The non-Federal share of the cost of any modifications or measures
carried out or undertaken pursuant to subsection (b) or (c) of this
section shall be 25 percent. Not more than 80 percent of the non-Federal
share may be in kind, including a facility, supply, or service that is
necessary to carry out the modification or measure. Not more than
$5,000,000 in Federal funds may be expended on any single modification
or measure carried out or undertaken pursuant to this section.
(e) Coordination of actions
The Secretary shall coordinate any actions taken pursuant to this
section with appropriate Federal, State, and local agencies.
(f) Omitted
(g) Nonprofit entities
Notwithstanding section 1962d-5b of title 42, a non-Federal sponsor
for any project carried out under this section may include a nonprofit
entity, with the consent of the affected local government.
(h) Authorization of appropriations
There is authorized to be appropriated not to exceed $25,000,000
annually to carry out this section.
(i) Definition
In this section, the term ``water resources project constructed by
the Secretary'' includes a water resources project constructed or funded
jointly by the Secretary and the head of any other Federal agency
(including the Natural Resources Conservation Service).
(Pub. L. 99-662, title XI, Sec. 1135, Nov. 17, 1986, 100 Stat. 4251;
Pub. L. 100-676, Sec. 41, Nov. 17, 1988, 102 Stat. 4040; Pub. L. 101-
640, title III, Sec. 304, Nov. 28, 1990, 104 Stat. 4634; Pub. L. 102-
580, title II, Sec. 202, Oct. 31, 1992, 106 Stat. 4826; Pub. L. 104-303,
title II, Sec. 204, Oct. 12, 1996, 110 Stat. 3678; Pub. L. 106-53, title
V, Sec. 506, Aug. 17, 1999, 113 Stat. 338; Pub. L. 106-541, title II,
Sec. 210(c), Dec. 11, 2000, 114 Stat. 2592.)
Codification
Subsec. (f) of this section, which required the Secretary to
transmit biennial reports to Congress on the results of reviews
conducted under subsec. (a) of this section and on the programs
conducted under subsecs. (b) and (c) of this section, terminated,
effective May 15, 2000, pursuant to section 3003 of Pub. L. 104-66, as
amended, set out as a note under section 1113 of Title 31, Money and
Finance. See, also, page 72 of House Document No. 103-7.
Section was formerly set out as a note under section 2294 of this
title.
Amendments
2000--Subsecs. (g) to (i). Pub. L. 106-541 added subsec. (g) and
redesignated former subsecs. (g) and (h) as (h) and (i), respectively.
1999--Subsec. (c). Pub. L. 106-53 designated existing provisions as
par. (1), inserted heading, and added par. (2).
1996--Subsec. (a). Pub. L. 104-303, Sec. 204(a), struck out ``the
operation of'' after ``to review'' and inserted before period at end
``and to determine if the operation of such projects has contributed to
the degradation of the quality of the environment''.
Subsec. (b). Pub. L. 104-303, Sec. 204(b), struck out at end ``The
non-Federal share of the cost of any modifications carried out under
this section shall be 25 percent. No modification shall be carried out
under this section without specific authorization by Congress if the
estimated cost exceeds $5,000,000.''
Subsecs. (c), (d). Pub. L. 104-303, Sec. 204(c)(2), added subsecs.
(c) and (d). Former subsecs. (c) and (d) redesignated (e) and (f),
respectively.
Subsec. (e). Pub. L. 104-303, Sec. 204(c)(1), redesignated subsec.
(c) as (e). Former subsec. (e) redesignated (g).
Subsec. (f). Pub. L. 104-303, Sec. 204(c)(1), (3), redesignated
subsec. (d) as (f) and substituted ``programs conducted under
subsections (b) and (c) of this section'' for ``program conducted under
subsection (b) of this section''.
Subsec. (g). Pub. L. 104-303, Sec. 204(c)(1), redesignated subsec.
(e) as (g).
Subsec. (h). Pub. L. 104-303, Sec. 204(d), added subsec. (h).
1992--Subsec. (b). Pub. L. 102-580, Sec. 202(1), inserted at end
``No modification shall be carried out under this section without
specific authorization by Congress if the estimated cost exceeds
$5,000,000.''
Subsec. (e). Pub. L. 102-580, Sec. 202(2), substituted
``$25,000,000'' for ``$15,000,000''.
1990--Subsec. (a). Pub. L. 101-640, Sec. 304(a), struck out ``before
the date of enactment of this Act'' after ``constructed by the
Secretary''.
Subsec. (b). Pub. L. 101-640, Sec. 304(b), substituted ``program''
for ``demonstration program in the 5-year period beginning on the date
of enactment of this Act'' and struck out ``before the date of enactment
of this Act'' after ``constructed by the Secretary''.
Subsec. (d). Pub. L. 101-640, Sec. 304(c), amended subsec. (d)
generally. Prior to amendment, subsec. (d) read as follows: ``Not later
than 5 years after the date of enactment of this Act, the Secretary
shall transmit to Congress a report on the results of the review
conducted under subsection (a) and on the demonstration program
conducted under subsection (b). Such report shall contain any
recommendations of the Secretary concerning modification and extension
of such program.''
Subsec. (e). Pub. L. 101-640, Sec. 304(d), substituted ``$15,000,000
annually to carry out this section'' for ``$25,000,000 to carry out this
section''.
1988--Subsec. (b). Pub. L. 100-676, Sec. 41(a), substituted ``5-year
period'' for ``two-year period''.
Subsec. (d). Pub. L. 100-676, Sec. 41(b), substituted ``5 years''
for ``two years''.
