33 U.S.C. § 2283b — Clarification of mitigation authority

FEDERAL · 33 U.S.C. · Chapter 36

Clarification of mitigation authority

Current through Pub. L. 119-102

Title 33 — Navigation and Navigable Waters·Ch. 36 — WATER RESOURCES DEVELOPMENT·Subch. V

(a)In general The Secretary may carry out measures to improve fish species habitat within the boundaries and downstream of a water resources project constructed by the Secretary that includes a fish hatchery if the Secretary—

(1)has been explicitly authorized to compensate for fish losses associated with the project; and

(2)determines that the measures are—

(A)feasible;

(B)consistent with authorized project purposes and the fish hatchery; and

(C)in the public interest.

(b)Cost sharing

(1)In general Subject to paragraph (2), the non-Federal interest shall contribute 35 percent of the total cost of carrying out activities under this section, including the costs relating to the provision or acquisition of required land, easements, rights-of-way, dredged material disposal areas, and re

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(a) In general
The Secretary may carry out measures to improve fish species habitat within the boundaries and downstream of a water resources project constructed by the Secretary that includes a fish hatchery if the Secretary—
(1) has been explicitly authorized to compensate for fish losses associated with the project; and
(2) determines that the measures are—
(A) feasible;
(B) consistent with authorized project purposes and the fish hatchery; and
(C) in the public interest.
(b) Cost sharing
(1) In general
Subject to paragraph (2), the non-Federal interest shall contribute 35 percent of the total cost of carrying out activities under this section, including the costs relating to the provision or acquisition of required land, easements, rights-of-way, dredged material disposal areas, and relocations.
(2) Operation and maintenance
The non-Federal interest shall contribute 100 percent of the costs of operation, maintenance, replacement, repair, and rehabilitation of the measures carried out under this section.

33 U.S.C. § 2283b (Clarification of mitigation authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Source Credit

History

(Pub. L. 113–121, title I, §1028, June 10, 2014, 128 Stat. 1230.)

Editorial Notes

Editorial Notes

Codification
Section was enacted as part of the Water Resources Reform and Development Act of 2014, 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. 113–121, set out as a note under section 2201 of this title.