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Title 33 — Navigation and Navigable WatersRelease 119-73not60

§2283b Clarification of Mitigation Authority

Title 33 › Chapter 36— WATER RESOURCES DEVELOPMENT › Subchapter V— GENERAL PROVISIONS › § 2283b

Last updated Apr 5, 2026|Official source

Summary

The Secretary may do work to improve fish habitat inside and downstream of a water project the Secretary built that has a fish hatchery if the Secretary was specifically allowed to make up for fish losses from the project and decides the work is possible, fits the project’s approved purposes and the hatchery, and is in the public interest. The non‑Federal partner must pay 35% of the total cost of the work, including costs for needed land, easements, rights‑of‑way, disposal sites, and relocations. The non‑Federal partner must pay 100% of the costs to operate, maintain, repair, replace, and rehabilitate the measures.

Full Legal Text

Title 33, §2283b

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)The Secretary may carry out measures to improve fish species habitat within the boundaries and downstream of a water resources project constructed by the Secretary that includes a fish hatchery if the Secretary—
(1)has been explicitly authorized to compensate for fish losses associated with the project; and
(2)determines that the measures are—
(A)feasible;
(B)consistent with authorized project purposes and the fish hatchery; and
(C)in the public interest.
(b)(1)Subject to paragraph (2), the non-Federal interest shall contribute 35 percent of the total cost of carrying out activities under this section, including the costs relating to the provision or acquisition of required land, easements, rights-of-way, dredged material disposal areas, and relocations.
(2)The non-Federal interest shall contribute 100 percent of the costs of operation, maintenance, replacement, repair, and rehabilitation of the measures carried out under this section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section 2201 of this title.

Reference

Citations & Metadata

Citation

33 U.S.C. § 2283b

Title 33 — Navigation and Navigable Waters

Last Updated

Apr 5, 2026

Release point: 119-73not60