Project modifications for improvement of environment or drought resiliency

33 U.S.C. § 2309a

• Title: 33 — Navigation and Navigable Waters
• Chapter: SUBCHAPTER V—GENERAL PROVISIONS

Text

(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
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.
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.

History

(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.)

Editorial Notes

Editorial Notes

Codification
Subsec. (f) of this section, which required the Secretary to transmit biennial reports to Congress on the results of reviews conducted under subsec. (a) of this section and on the programs conducted under subsecs. (b) and (c) of this section, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 72 of House Document No. 103–7.
Section was formerly set out as a note under section 2294 of this title.

Amendments
2025—Pub. L. 118–272, §1107(g)(1), inserted "or drought resiliency" after "environment" in section catchline.
Subsec. (a). Pub. L. 118–272, §1107(g)(2), substituted "for the purpose of—" for "for the purpose of", designated remainder of existing provisions as par. (1), substituted "environment; or" for "environment.", and added par. (2).
Subsec. (b). Pub. L. 118–272, §1107(g)(3), substituted "(2) will provide for drought resilience or will improve" for "(2) will improve".
Subsec. (d). Pub. L. 118–272, §1107(g)(4), substituted "$15,000,000" for "$10,000,000".
Subsec. (h). Pub. L. 118–272, §1107(g)(5), substituted "$62,000,000" for "$50,000,000".
Subsec. (j). Pub. L. 118–272, §1107(g)(6), added subsec. (j).
2018—Subsec. (h). Pub. L. 115–270 substituted "$50,000,000" for "$40,000,000".
2014—Subsec. (d). Pub. L. 113–121 substituted "The non-Federal share may be provided" for "Not more than 80 percent of the non-Federal share may be" and "$10,000,000" for "$5,000,000".
2007—Subsec. (h). Pub. L. 110–114 substituted "$40,000,000" for "$25,000,000".
2000—Subsecs. (g) to (i). Pub. L. 106–541 added subsec. (g) and redesignated former subsecs. (g) and (h) as (h) and (i), respectively.
1999—Subsec. (c). Pub. L. 106–53 designated existing provisions as par. (1), inserted heading, and added par. (2).
1996—Subsec. (a). Pub. L. 104–303, §204(a), struck out "the operation of" after "to review" and inserted before period at end "and to determine if the operation of such projects has contributed to the degradation of the quality of the environment".
Subsec. (b). Pub. L. 104–303, §204(b), struck out at end "The non-Federal share of the cost of any modifications carried out under this section shall be 25 percent. No modification shall be carried out under this section without specific authorization by Congress if the estimated cost exceeds $5,000,000."
Subsecs. (c), (d). Pub. L. 104–303, §204(c)(2), added subsecs. (c) and (d). Former subsecs. (c) and (d) redesignated (e) and (f), respectively.
Subsec. (e). Pub. L. 104–303, §204(c)(1), redesignated subsec. (c) as (e). Former subsec. (e) redesignated (g).
Subsec. (f). Pub. L. 104–303, §204(c)(1), (3), redesignated subsec. (d) as (f) and substituted "programs conducted under subsections (b) and (c)" for "program conducted under subsection (b)".
Subsec. (g). Pub. L. 104–303, §204(c)(1), redesignated subsec. (e) as (g).
Subsec. (h). Pub. L. 104–303, §204(d), added subsec. (h).
1992—Subsec. (b). Pub. L. 102–580, §202(1), inserted at end "No modification shall be carried out under this section without specific authorization by Congress if the estimated cost exceeds $5,000,000."
Subsec. (e). Pub. L. 102–580, §202(2), substituted "$25,000,000" for "$15,000,000".
1990—Subsec. (a). Pub. L. 101–640, §304(a), struck out "before the date of enactment of this Act" after "constructed by the Secretary".
Subsec. (b). Pub. L. 101–640, §304(b), substituted "program" for "demonstration program in the 5-year period beginning on the date of enactment of this Act" and struck out "before the date of enactment of this Act" after "constructed by the Secretary".
Subsec. (d). Pub. L. 101–640, §304(c), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: "Not later than 5 years after the date of enactment of this Act, the Secretary shall transmit to Congress a report on the results of the review conducted under subsection (a) and on the demonstration program conducted under subsection (b). Such report shall contain any recommendations of the Secretary concerning modification and extension of such program."
Subsec. (e). Pub. L. 101–640, §304(d), substituted "$15,000,000 annually to carry out this section" for "$25,000,000 to carry out this section".
1988—Subsec. (b). Pub. L. 100–676, §41(a), substituted "5-year period" for "two-year period".
Subsec. (d). Pub. L. 100–676, §41(b), substituted "5 years" for "two years".