§ 2320. — Protection of recreational and commercial uses.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2320]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 36--WATER RESOURCES DEVELOPMENT
SUBCHAPTER V--GENERAL PROVISIONS
Sec. 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 configuration 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 recreational use established with respect
to such project before the date of such maintenance, repair,
rehabilitation, or reconstruction.
(c) Mitigation
(1) In general
If maintenance, repair, rehabilitation, or reconstruction of a
water resources project by the Secretary results in a change in the
configuration 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 maintenance, repair,
rehabilitation, or reconstruction, 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 comparable recreational use.
(2) Maximum amount
The Secretary may not expend more than $2,000,000 in a fiscal
year to carry out this subsection.
(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) of this section shall apply to
maintenance, repair, rehabilitation, or reconstruction for which
physical construction is initiated after May 1, 1988.
(2) Limitation
Subsections (b) and (c) of this section shall not apply to any
action of the Secretary which is necessary to discontinue the
operation of a water resources 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
beneficiaries of the recreation.
(Pub. L. 101-640, title III, Sec. 313, Nov. 28, 1990, 104 Stat. 4640.)
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.
``Secretary'' Defined
Secretary means the Secretary of the Army, see section 2 of Pub. L.
101-640, set out as a note under section 2201 of this title.
