§ 2330. Aquatic ecosystem restoration
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/usc/title-33/section-2330A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)General authority
(1)In general The Secretary may carry out a project to restore and protect an aquatic ecosystem or estuary if the Secretary determines that the project—
(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)Dam removal A project under this section may include removal of a dam.
(3)Anadromous fish habitat and passage
(A)Measures 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)Benefits A project that includes measures under this paragraph shall be formulated to maximize benefits for the anadromous fish species benefitted by the project.
(4)Drought resilience A project under this section may include measures that enhance drought resilience through the restoration of wetlands or the removal of invasive species.
(b)Cost sharing
(1)In general 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)Form 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)Anadromous fish 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)Agreements
(1)In general 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)Nonprofit entities 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)Cost limitation Not more than $15,000,000 in Federal funds may be allotted under this section for a project at any single locality.
(e)Use of natural and nature-based features 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)Funding There is authorized to be appropriated to carry out this section $75,000,000 for each fiscal year.
(g)Prioritization The Secretary shall give projects that include measures described in subsection (a)(3) equal priority for implementation as other projects under this section.
(Pub. L. 104–303, title II, § 206, Oct. 12, 1996, 110 Stat. 3679; Pub. L. 106–53, title II, § 210, Aug. 17, 1999, 113 Stat. 287; Pub. L. 110–114, title II, § 2020, Nov. 8, 2007, 121 Stat. 1078; Pub. L. 113–121, title I, § 1030(g), June 10, 2014, 128 Stat. 1232; Pub. L. 115–270, title I, §§ 1149(a), 1157(f), Oct. 23, 2018, 132 Stat. 3787, 3794; Pub. L. 116–260, div. AA, title I, § 126(a), Dec. 27, 2020, 134 Stat. 2640; Pub. L. 118–272, div. A, title I, § 1107(e), Jan. 4, 2025, 138 Stat. 3004.)
Connections200 cite this · traces to 8
Cited by 200 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 113-121Water Resources Reform and Development Act of 2014
- Public Law 118-272Thomas R. Carper Water Resources Development Act of 2024
U.S. Code
statutes-at-large
- Public Law 106–554Making consolidated appropriations for the fiscal year ending September 30, 2001, and for other purposes
- Public Law 108–137Making appropriations for energy and water development for the fiscal year ending September 30, 2004, and for other purposes
- 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 108–7
register
statute-compilations
- Sec. 3040WILDCAT/SAN PABLO CREEK PHASE II, CALIFORNIA
- Sec. 3166YAKIMA RIVER, PORT OF SUNNYSIDE, WASHINGTON
- Sec. 4007NORTHERN ROCKIES HEADWATERS
- Sec. 2034INDEPENDENT PEER REVIEW
- Sec. 1006SMALL PROJECTS FOR AQUATIC ECOSYSTEM RESTORATION
- Sec. 1030CONTINUING AUTHORITY
- Sec. 4014OCEAN AND COASTAL RESILIENCY
- Sec. 4002MISSISSIPPI RIVER
- Sec. 3025POST-DISASTER WATERSHED ASSESSMENTS
- Sec. 8203EXPEDITED MODIFICATIONS OF EXISTING FEASIBILITY STUDIES
- Sec. 165CONTINUING AUTHORITY PROGRAMS
- Sec. 3066KOONTZ LAKE, INDIANA
- Sec. 3062EMIQUON, ILLINOIS
- Sec. 3164MCNARY LOCK AND DAM, MCNARY NATIONAL WILDLIFE REFUGE, WASHINGTON AND IDAHO
- Sec. 8361LOWER BLACKSTONE RIVER, RHODE ISLAND
- Sec. 4009NORTH ATLANTIC COASTAL REGION
- Sec. 1203EXPEDITED COMPLETION
- Sec. 1107CONTINUING AUTHORITY PROGRAMS
- Sec. 8105PUBLIC RECREATIONAL AMENITIES IN ECOSYSTEM RESTORATION PROJECTS
- Sec. 90008SPECTRUM AUCTIONS
- Sec. 3024PACIFIC FLYWAY CENTER, SACRAMENTO, CALIFORNIA
- Sec. 8127ENVIRONMENTAL DREDGING
- Sec. 8397EXPEDITED COMPLETION OF PROJECTS AND STUDIES
- Sec. 3017GRAYSON CREEK/MURDERER'S CREEK, CALIFORNIA
- Sec. 5007EXPEDITED COMPLETION OF REPORTS AND CONSTRUCTION FOR CERTAIN PROJECTS
- Sec. 3038WALNUT CREEK CHANNEL, CALIFORNIA
- Sec. 2020AQUATIC ECOSYSTEM AND ESTUARY RESTORATION
- Sec. 3141SHERADEN PARK STREAM AND CHARTIERS CREEK, ALLEGHENY COUNTY, PENNSYLVANIA
- Sec. 3065CEDAR LAKE, INDIANA
- Sec. 7001ANNUAL REPORT TO CONGRESS
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 8 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
- Consolidated Appropriations Act, 2021Public Law 116-260
- Thomas R. Carper Water Resources Development Act of 2024Public Law 118-272
15 references not yet in our index
- Pub. L. 104–303, title II, § 206
- 110 Stat. 3679
- Pub. L. 106–53, title II, § 210
- 113 Stat. 287
- Pub. L. 110–114, title II, § 2020
- 121 Stat. 1078
- 128 Stat. 1232
- 132 Stat. 3787
- 134 Stat. 2640
- 138 Stat. 3004
- Pub. L. 110–114, § 2020(1)
- Pub. L. 110–114, § 2020(2)
- Pub. L. 106–53, § 210(1)
- Pub. L. 106–53, § 210(2)
- section 2 of Pub. L. 104–303
Citation graph
cites case law
§ 2330
Aquatic ecosystem restoration
Bills×95
Stat.×40
Stat. Comp.×36
Pub. L.×21
U.S.C.×6
Fed. Reg.×2
Pub. L.Pub. L. 104–303, title II, § 206
Stat.110 Stat. 3679
Pub. L.Pub. L. 106–53, title II, § 210
Stat.113 Stat. 287
Cites 23 · showing 12Cited by 200 across 6 sources