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Title 33 — Navigation and Navigable WatersRelease 119-73not60

§2320 Protection of Recreational and Commercial Uses

Title 33 › Chapter 36— WATER RESOURCES DEVELOPMENT › Subchapter V— GENERAL PROVISIONS › § 2320

Last updated Apr 5, 2026|Official source

Summary

Require the Secretary to think about how a water project will affect nearby recreational and commercial uses when planning. If maintenance, repair, rehabilitation, or reconstruction changes a project structure, the Secretary must, as much as possible, do that work so it does not hurt recreational uses already in place. If those uses are harmed, the Secretary must try to restore them or provide similar alternatives. The Secretary may not spend more than $2,000,000 in a fiscal year for those restorations. That restoration rule ends after the last day of the five-year period beginning on November 28, 1990, but restorations already started may be finished. The repair and restoration rules apply only to work whose physical construction begins after May 1, 1988, and do not apply when stopping a project’s operation. Costs to meet these goals are charged to recreation and paid by the recreation beneficiaries.

Full Legal Text

Title 33, §2320

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)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)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)(1)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)The Secretary may not expend more than $2,000,000 in a fiscal year to carry out this subsection.
(3)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)(1)Subsections (b) and (c) shall apply to maintenance, repair, rehabilitation, or reconstruction for which physical construction is initiated after May 1, 1988.
(2)Subsections (b) and (c) shall not apply to any action of the Secretary which is necessary to discontinue the operation of a water resources project.
(e)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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.

Statutory Notes and Related Subsidiaries

“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.

Reference

Citations & Metadata

Citation

33 U.S.C. § 2320

Title 33 — Navigation and Navigable Waters

Last Updated

Apr 5, 2026

Release point: 119-73not60