§2330 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

The Secretary can carry out projects to restore and protect aquatic ecosystems and estuaries if the work will make the environment better or improve estuary features and the project is cost-effective. Projects can include removing dams; improving habitat or fish passage for anadromous fish (for example, adding bypasses at small diversions, changing tide gates, and reconnecting floodplains and wetlands); and actions to help with drought resilience like restoring wetlands or removing invasive species. Projects that help anadromous fish must be designed to maximize benefits for the fish. Local or non‑Federal partners must pay 35% of construction costs and provide lands, easements, rights‑of‑way, and needed relocations. For projects that help anadromous fish, the non‑Federal share is 15%. Before October 1, 2003, the federal share could be paid as reimbursements. Construction starts only after a binding agreement that the non‑Federal partner will pay its share and will cover 100% of operation, maintenance, replacement, and rehabilitation costs under Secretary rules. A nonprofit can be the non‑Federal partner with local government consent. No more than $15,000,000 in federal funds may go to any single locality, and up to $75,000,000 may be appropriated each fiscal year for these projects. Projects with anadromous fish measures get equal priority with other projects.

Title 33, §2330

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)(1)The Secretary may carry out a project to restore and protect an aquatic ecosystem or estuary if the Secretary determines that the project—

(A)(i)will improve the quality of the environment and is in the public interest; or

(ii)will improve the elements and features of an estuary (as defined in section 2902 of this title); and

(B)is cost-effective.

(2)A project under this section may include removal of a dam.

(3)(A)A project under this section may include measures to improve habitat or passage for anadromous fish, including—

(i)installing fish bypass structures on small water diversions;

(ii)modifying tide gates; and

(iii)restoring or reconnecting floodplains and wetlands that are important for anadromous fish habitat or passage.

(B)A project that includes measures under this paragraph shall be formulated to maximize benefits for the anadromous fish species benefitted by the project.

(4)A project under this section may include measures that enhance drought resilience through the restoration of wetlands or the removal of invasive species.

(b)(1)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)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.

(3)Notwithstanding paragraph (1), for projects carried out under subsection (a)(3), the non-Federal interest shall provide 15 percent of the cost of construction, including provision of all lands, easements, rights-of-way, and necessary relocations.

(c)(1)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)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)Not more than $15,000,000 in Federal funds may be allotted under this section for a project at any single locality.

(e)In carrying out a project to restore and protect an aquatic ecosystem or estuary under subsection (a), the Secretary shall consider, and may include, with the consent of the non-Federal interest, a natural feature or nature-based feature, as such terms are defined in section 2289a of this title, if the Secretary determines that inclusion of such features is consistent with the requirements of subsection (a).

(f)There is authorized to be appropriated to carry out this section $75,000,000 for each fiscal year.

(g)The Secretary shall give projects that include measures described in subsection (a)(3) equal priority for implementation as other projects under this section.

Notes & Related Subsidiaries

Editorial Notes

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

2025—Subsec. (a)(4). Pub. L. 118–272, § 1107(e)(1), added par. (4). Subsec. (b)(3). Pub. L. 118–272, § 1107(e)(2), added par. (3). Subsec. (d). Pub. L. 118–272, § 1107(e)(3), substituted “$15,000,000” for “$10,000,000”. Subsec. (f). Pub. L. 118–272, § 1107(e)(4), substituted “$75,000,000” for “$62,500,000”. 2020—Subsec. (a)(3). Pub. L. 116–260, § 126(a)(1), added par. (3). Subsec. (g). Pub. L. 116–260, § 126(a)(2), added subsec. (g). 2018—Subsec. (e). Pub. L. 115–270, § 1149(a)(2), added subsec. (e). Former subsec. (e) redesignated (f). Subsec. (f). Pub. L. 115–270, §§ 1149(a)(1), 1157(f), redesignated subsec. (e) as (f) and substituted “$62,500,000” for “$50,000,000”. 2014—Subsec. (d). Pub. L. 113–121 substituted “$10,000,000” for “$5,000,000”. 2007—Subsec. (a). Pub. L. 110–114, § 2020(1), added subsec. (a) and struck out former subsec. (a), which read as follows: “(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.” Subsec. (e). Pub. L. 110–114, § 2020(2), substituted “$50,000,000” for “$25,000,000”. 1999—Subsec. (b). Pub. L. 106–53, § 210(1), designated existing provisions as par. (1), inserted heading, and added par. (2). Subsec. (c). Pub. L. 106–53, § 210(2), designated existing provisions as par. (1), inserted heading, and added par. (2).

Statutory Notes and Related Subsidiaries

“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.

§2330 Aquatic Ecosystem Restoration