Aquatic ecosystem restoration

Source Credit

(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—
(A)(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.

History

(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.)

Editorial Notes

Editorial Notes

Codification
Section was enacted as part of the Water Resources Development Act of 1996, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Amendments
2025—Subsec. (a)(4). Pub. L. 118–272, §1107(e)(1), added par. (4).
Subsec. (b)(3). Pub. L. 118–272, §1107(e)(2), added par. (3).
Subsec. (d). Pub. L. 118–272, §1107(e)(3), substituted "$15,000,000" for "$10,000,000".
Subsec. (f). Pub. L. 118–272, §1107(e)(4), substituted "$75,000,000" for "$62,500,000".
2020—Subsec. (a)(3). Pub. L. 116–260, §126(a)(1), added par. (3).
Subsec. (g). Pub. L. 116–260, §126(a)(2), added subsec. (g).
2018—Subsec. (e). Pub. L. 115–270, §1149(a)(2), added subsec. (e). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 115–270, §§1149(a)(1), 1157(f), redesignated subsec. (e) as (f) and substituted "$62,500,000" for "$50,000,000".
2014—Subsec. (d). Pub. L. 113–121 substituted "$10,000,000" for "$5,000,000".
2007—Subsec. (a). Pub. L. 110–114, §2020(1), added subsec. (a) and struck out former subsec. (a), which read as follows:
"(a) General authority.—The Secretary may carry out an aquatic ecosystem restoration and protection project if the Secretary determines that the project—
"(1) will improve the quality of the environment and is in the public interest; and
"(2) is cost-effective."
Subsec. (e). Pub. L. 110–114, §2020(2), substituted "$50,000,000" for "$25,000,000".
1999—Subsec. (b). Pub. L. 106–53, §210(1), designated existing provisions as par. (1), inserted heading, and added par. (2).
Subsec. (c). Pub. L. 106–53, §210(2), designated existing provisions as par. (1), inserted heading, and added par. (2).

Statutory Notes and Related Subsidiaries

"Secretary" Defined
Secretary means the Secretary of the Army, see section 2 of Pub. L. 104–303, set out as a note under section 2201 of this title.