33 U.S.C. § 2333 — Irrigation diversion protection and fisheries enhancement assistance

FEDERAL · 33 U.S.C. · Chapter 36

Irrigation diversion protection and fisheries enhancement assistance

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 provide technical planning and design assistance to non-Federal interests and may conduct other site-specific studies to formulate and evaluate fish screens, fish passages devices, and other measures to decrease the incidence of juvenile and adult fish inadvertently entering irrigation systems.

(b)Cooperation Measures under subsection (a)—

(1)shall be developed in cooperation with Federal and State resource agencies; and

(2)shall not impair the continued withdrawal of water for irrigation purposes.

(c)Priority In providing assistance under subsection (a), the Secretary shall give priority based on—

(1)the objectives of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

(2)cost-effectiveness; and

(3)the potential for reducing fish mortality.

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(a) In general
The Secretary may provide technical planning and design assistance to non-Federal interests and may conduct other site-specific studies to formulate and evaluate fish screens, fish passages devices, and other measures to decrease the incidence of juvenile and adult fish inadvertently entering irrigation systems.
(b) Cooperation
Measures under subsection (a)—
(1) shall be developed in cooperation with Federal and State resource agencies; and
(2) shall not impair the continued withdrawal of water for irrigation purposes.
(c) Priority
In providing assistance under subsection (a), the Secretary shall give priority based on—
(1) the objectives of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(2) cost-effectiveness; and
(3) the potential for reducing fish mortality.
(d) Non-Federal share
(1) In general
The non-Federal share of the cost of measures under subsection (a) shall be 50 percent.
(2) In-kind contributions
Not more than 50 percent of the non-Federal contribution may be made through the provision of services, materials, supplies, or other in-kind contributions.
(e) No construction activity
This section does not authorize any construction activity.
(f) Report
Not later than 2 years after August 17, 1999, the Secretary shall submit to Congress a report on—
(1) fish mortality caused by irrigation water intake devices;
(2) appropriate measures to reduce fish mortality;
(3) the extent to which those measures are currently being employed in arid States;
(4) the construction costs associated with those measures; and
(5) the appropriate Federal role, if any, to encourage the use of those measures.

33 U.S.C. § 2333 (Irrigation diversion protection and fisheries enhancement assistance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Source Credit

History

(Pub. L. 106–53, title V, §515, Aug. 17, 1999, 113 Stat. 344.)

Editorial Notes

Editorial Notes

References in Text
The Endangered Species Act of 1973, referred to in subsec. (c)(1), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified generally to chapter 35 (§1531 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of Title 16 and Tables.

Codification
Section was enacted as part of the Water Resources Development Act of 1999, 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. 106–53, set out as a note under section 2201 of this title.