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
(2) Dam removal
A project under this section may include removal of a dam.
(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.
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.
(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
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 $5,000,000 in Federal funds may be allotted under this section for a project at any single locality.
There is authorized to be appropriated to carry out this section $50,000,000 for each fiscal year.
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.
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).
Secretary means the Secretary of the Army, see section 2 ofPub. L. 104–303, set out as a note under section
2201 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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