§ 2330. — Aquatic ecosystem restoration.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2330]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 36--WATER RESOURCES DEVELOPMENT
SUBCHAPTER V--GENERAL PROVISIONS
Sec. 2330. Aquatic ecosystem restoration
(a) General authority
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.
(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
Before October 1, 2003, the Federal share of the cost of a
project under this section may be provided in the form of
reimbursements of project costs.
(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
Notwithstanding section 1962d-5b of title 42, 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 $5,000,000 in Federal funds may be allotted under this
section for a project at any single locality.
(e) Funding
There is authorized to be appropriated to carry out this section
$25,000,000 for each fiscal year.
(Pub. L. 104-303, title II, Sec. 206, Oct. 12, 1996, 110 Stat. 3679;
Pub. L. 106-53, title II, Sec. 210, Aug. 17, 1999, 113 Stat. 287.)
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
1999--Subsec. (b). Pub. L. 106-53, Sec. 210(1), designated existing
provisions as par. (1), inserted heading, and added par. (2).
Subsec. (c). Pub. L. 106-53, Sec. 210(2), designated existing
provisions as par. (1), inserted heading, and added par. (2).
``Secretary'' Defined
Secretary means the Secretary of the Army, see section 2 of Pub. L.
104-303, set out as a note under section 2201 of this title.
