§ 2309a. Project modifications for improvement of environment or drought resiliency
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(a)Determination of need The Secretary is authorized to review water resources projects constructed by the Secretary to determine the need for modifications in the structures and operations of such projects for the purpose of—
(1)improving the quality of the environment in the public interest and to determine if the operation of such projects has contributed to the degradation of the quality of the environment; or
(2)providing drought resiliency.
(b)Authority to make modifications The Secretary is authorized to carry out a program for the purpose of making such modifications in the structures and operations of water resources projects constructed by the Secretary which the Secretary determines
(1)are feasible and consistent with the authorized project purposes, and
(2)will provide for drought resilience or will improve the quality of the environment in the public interest.
(c)Restoration of environmental quality
(1)In general If the Secretary determines that construction of a water resources project by the Secretary or operation of a water resources project constructed by the Secretary has contributed to the degradation of the quality of the environment, the Secretary may undertake measures for restoration of environmental quality and measures for enhancement of environmental quality that are associated with the restoration, through modifications either at the project site or at other locations that have been affected by the construction or operation of the project, if such measures do not conflict with the authorized project purposes.
(2)Control of sea lamprey Congress finds that—
(A)the Great Lakes navigation system has been instrumental in the spread of sea lamprey and the associated impacts on its fishery; and
(B)the use of the authority under this subsection for control of sea lamprey at any Great Lakes basin location is appropriate.
(d)Non-Federal share; limitation on maximum Federal expenditure The non-Federal share of the cost of any modifications or measures carried out or undertaken pursuant to subsection
(b)or
(c)shall be 25 percent. The non-Federal share may be provided in kind, including a facility, supply, or service that is necessary to carry out the modification or measure. Not more than $15,000,000 in Federal funds may be expended on any single modification or measure carried out or undertaken pursuant to this section.
(e)Coordination of actions The Secretary shall coordinate any actions taken pursuant to this section with appropriate Federal, State, and local agencies.
(f)Omitted
(g)Nonprofit entities Notwithstanding section 1962d–5b of title 42, a non-Federal sponsor for any project carried out under this section may include a nonprofit entity, with the consent of the affected local government.
(h)Authorization of appropriations There is authorized to be appropriated not to exceed $62,000,000 annually to carry out this section.
(i)Definition In this section, the term “water resources project constructed by the Secretary” includes a water resources project constructed or funded jointly by the Secretary and the head of any other Federal agency (including the Natural Resources Conservation Service).
(j)Drought Resilience Drought resilience measures carried out under this section may include—
(1)water conservation measures to mitigate and address drought conditions;
(2)removal of sediment captured behind a dam for the purpose of restoring or increasing the authorized storage capacity of the project concerned;
(3)the planting of native plant species that will reduce the risk of drought and the incidence of nonnative species; and
(4)other actions that increase drought resilience, water conservation, or water availability.
(Pub. L. 99–662, title XI, § 1135, Nov. 17, 1986, 100 Stat. 4251; Pub. L. 100–676, § 41, Nov. 17, 1988, 102 Stat. 4040; Pub. L. 101–640, title III, § 304, Nov. 28, 1990, 104 Stat. 4634; Pub. L. 102–580, title II, § 202, Oct. 31, 1992, 106 Stat. 4826; Pub. L. 104–303, title II, § 204, Oct. 12, 1996, 110 Stat. 3678; Pub. L. 106–53, title V, § 506, Aug. 17, 1999, 113 Stat. 338; Pub. L. 106–541, title II, § 210(c), Dec. 11, 2000, 114 Stat. 2592; Pub. L. 110–114, title II, § 2024, Nov. 8, 2007, 121 Stat. 1079;
Pub. L. 113–121, title I, § 1030(f), June 10, 2014, 128 Stat. 1232; Pub. L. 115–270, title I, § 1157(g), Oct. 23, 2018, 132 Stat. 3794; Pub. L. 118–272, div. A, title I, § 1107(g), Jan. 4, 2025, 138 Stat. 3005.)
Connections146 cite this · traces to 6
Cited by 146 sections · top 60
public-private-law
- Public Law 116-260Consolidated Appropriations Act, 2021
- Public Law 117-263James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
- Public Law 117-58Infrastructure Investment and Jobs Act
- Public Law 115-270To provide for improvements to the rivers and harbors of the United States, to provide for the conservation and development of water and related resources, to provide for water pollution control activities, and for other purposes.Oct
- Public Law 113-121Water Resources Reform and Development Act of 2014
- Public Law 118-272Thomas R. Carper Water Resources Development Act of 2024
U.S. Code
register
statute-compilations
- Sec. 4007NORTHERN ROCKIES HEADWATERS
- Sec. 2034INDEPENDENT PEER REVIEW
- Sec. 1030CONTINUING AUTHORITY
- Sec. 4014OCEAN AND COASTAL RESILIENCY
- Sec. 4002MISSISSIPPI RIVER
- Sec. 3025POST-DISASTER WATERSHED ASSESSMENTS
- Sec. 1203EXPEDITED COMPLETION
- Sec. 165CONTINUING AUTHORITY PROGRAMS
- Sec. 1005SMALL PROJECTS FOR IMPROVEMENT OF THE QUALITY OF THE ENVIRONMENT
- Sec. 3164MCNARY LOCK AND DAM, MCNARY NATIONAL WILDLIFE REFUGE, WASHINGTON AND IDAHO
- Sec. 3039WILDCAT/SAN PABLO CREEK PHASE I, CALIFORNIA
- Sec. 4009NORTH ATLANTIC COASTAL REGION
- Sec. 2024MODIFICATION OF PROJECTS FOR IMPROVEMENT OF THE QUALITY OF THE ENVIRONMENT
- Sec. 3114LOWER TRUCKEE RIVER, MCCARRAN RANCH, NEVADA
- Sec. 1203EXPEDITED COMPLETION
- Sec. 3026PINOLE CREEK, CALIFORNIA
- Sec. 3055LATHAM RIVER, GLYNN COUNTY, GEORGIA
- Sec. 3064SPUNKY BOTTOMS, ILLINOIS
- Sec. 1107CONTINUING AUTHORITY PROGRAMS
- Sec. 1157CORPS OF ENGINEERS CONTINUING AUTHORITIES PROGRAM
- Sec. 90008SPECTRUM AUCTIONS
- Sec. 3078BAYOU PLAQUEMINE, LOUISIANA
- Sec. 1201AUTHORIZATION OF PROPOSED FEASIBILITY STUDIES
- Sec. 8397EXPEDITED COMPLETION OF PROJECTS AND STUDIES
- Sec. 5007EXPEDITED COMPLETION OF REPORTS AND CONSTRUCTION FOR CERTAIN PROJECTS
- Sec. 3050PEANUT ISLAND, FLORIDA
- Sec. 2009INLAND WATERWAYS RIVERBANK STABILIZATION
- Sec. 7001ANNUAL REPORT TO CONGRESS
statutes-at-large
- Public Law 111–5Making supplemental appropriations for job preservation and creation, infrastructure investment, energy efficiency and science, assistance to the unemployed, and State and local fiscal stabilization, for the fiscal year ending September 30, 2009, and for other purposes
- Public Law 106–53To provide for the conservation and development of water and related resources, to authorize the United States Army Corps of Engineers to construct various projects for improvements to rivers and harbors of the United States, and for other purposes
- Public Law 117–263To authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 117–58To authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes
- Public Law 106–541To provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, and for other purposes
- Public Law 110–114To provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, and for other purposes
- Public Law 116–260Making consolidated appropriations for the fiscal year ending September 30, 2021, providing coronavirus emergency response and relief, and for other purposes
- Public Law 104–303To provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, and for other purposes
- Public Law 101–640To provide for the conservation and development of water and related resources, to authorize the United States Army Corps of Engineers civil works program to construct various projects for improvements to the Nation’s infrastructure, and for other purposes
- Public Law 115–270To provide for improvements to the rivers and harbors of the United States, to provide for the conservation and development of water and related resources, to provide for water pollution control activities, and for other purposes
- Public Law 102–580To provide for the conservation and development of water and related resources, to authorize the United States Army Corps of Engineers civil works program to construct various projects for improvements to the Nation’s infrastructure, and for other purposes
bill
- Sec. 2003Continuing authority programs
- Sec. 2004Continuing authority program prioritization
- Sec. 11004Post-disaster watershed assessments
- Sec. 2003Continuing authority programs
- Sec. 2004Continuing authority program prioritization
- Sec. 11004Post-disaster watershed assessments
- Sec. 2003Continuing authority programs
Traces to 6 documents
U.S. Code
public-private-law
- Water Resources Reform and Development Act of 2014Public Law 113-121
- To provide for improvements to the rivers and harbors of the United States, to provide for the conservation and development of water and related resources, to provide for water pollution control activities, and for other purposes.OctPublic Law 115-270
- Thomas R. Carper Water Resources Development Act of 2024Public Law 118-272
36 references not yet in our index
- Pub. L. 99–662, title XI, § 1135
- 100 Stat. 4251
- Pub. L. 100–676, § 41
- 102 Stat. 4040
- Pub. L. 101–640, title III, § 304
- 104 Stat. 4634
- Pub. L. 102–580, title II, § 202
- 106 Stat. 4826
- Pub. L. 104–303, title II, § 204
- 110 Stat. 3678
- Pub. L. 106–53, title V, § 506
- 113 Stat. 338
- Pub. L. 106–541, title II, § 210(c)
- 114 Stat. 2592
- Pub. L. 110–114, title II, § 2024
- 121 Stat. 1079
- 128 Stat. 1232
- 132 Stat. 3794
- 138 Stat. 3005
- section 3003 of Pub. L. 104–66
- Pub. L. 110–114
- Pub. L. 106–541
- Pub. L. 106–53
- Pub. L. 104–303, § 204(a)
- Pub. L. 104–303, § 204(b)
- Pub. L. 104–303, § 204(c)(2)
- Pub. L. 104–303, § 204(c)(1)
- Pub. L. 104–303, § 204(d)
- Pub. L. 102–580, § 202(1)
- Pub. L. 102–580, § 202(2)
- Pub. L. 101–640, § 304(a)
- Pub. L. 101–640, § 304(b)
- Pub. L. 101–640, § 304(c)
- Pub. L. 101–640, § 304(d)
- Pub. L. 100–676, § 41(a)
- Pub. L. 100–676, § 41(b)
Citation graph
cites case law
§ 2309a
Project modifications for improvement of environment or drought resiliency
Bills×60
Stat.×32
Stat. Comp.×29
Pub. L.×17
U.S.C.×6
Fed. Reg.×2
Pub. L.Pub. L. 99–662, title XI, § 1135
Stat.100 Stat. 4251
Pub. L.Pub. L. 100–676, § 41
Stat.102 Stat. 4040
Pub. L.Pub. L. 101–640, title III, § 304
Cites 42 · showing 11Cited by 146 across 6 sources