§2333 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

The Secretary can give technical planning and design help to non-Federal groups and do site studies to create fish screens, fish passage devices, and other ways to keep juvenile and adult fish from accidentally entering irrigation systems. Those projects must be done with Federal and State resource agencies and must not stop farmers or others from taking water for irrigation. Priority must go to actions that match the goals of the Endangered Species Act of 1973, are cost-effective, and can reduce fish deaths. Non-Federal interests must pay 50 percent of the cost, and no more than 50 percent of that share can be in-kind (services, materials, or supplies). This does not allow any construction work. Within 2 years after August 17, 1999, the Secretary must report to Congress on fish deaths from irrigation intakes, possible fixes, how widely those fixes are used in arid States, the construction costs for the fixes, and what Federal role, if any, is appropriate to encourage their use.

Title 33, §2333

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)The Secretary may provide technical planning and design assistance to non-Federal interests and may conduct other site-specific studies to formulate and evaluate fish screens, fish passages devices, and other measures to decrease the incidence of juvenile and adult fish inadvertently entering irrigation systems.

(b)Measures under subsection (a)—

(1)shall be developed in cooperation with Federal and State resource agencies; and

(2)shall not impair the continued withdrawal of water for irrigation purposes.

(c)In providing assistance under subsection (a), the Secretary shall give priority based on—

(1)the objectives of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

(2)cost-effectiveness; and

(3)the potential for reducing fish mortality.

(d)(1)The non-Federal share of the cost of measures under subsection (a) shall be 50 percent.

(2)Not more than 50 percent of the non-Federal contribution may be made through the provision of services, materials, supplies, or other in-kind contributions.

(e)This section does not authorize any construction activity.

(f)Not later than 2 years after August 17, 1999, the Secretary shall submit to Congress a report on—

(1)fish mortality caused by irrigation water intake devices;

(2)appropriate measures to reduce fish mortality;

(3)the extent to which those measures are currently being employed in arid States;

(4)the construction costs associated with those measures; and

(5)the appropriate Federal role, if any, to encourage the use of those measures.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Endangered Species Act of 1973, referred to in subsec. (c)(1), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified generally to chapter 35 (§ 1531 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see

Short Title

note set out under section 1531 of Title 16 and Tables. Codification Section was enacted as part of the Water Resources Development Act of 1999, 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. 106–53, set out as a note under section 2201 of this title.

§2333 Irrigation Diversion Protection and Fisheries Enhancement Assistance