33 U.S.C. § 2309a : US Code - Section 2309A: Project modifications for improvement of environment

Search 33 U.S.C. § 2309a : US Code - Section 2309A: Project modifications for improvement of environment

(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 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.
(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 improve the quality
of the environment in the public interest.
(c) Restoration of environmental quality
(1) In general
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.
(2) Control of sea lamprey
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) of this section shall be 25 percent. Not more than 80 percent
of the non-Federal share may be in kind, including a facility,
supply, or service that is necessary to carry out the modification
or measure. Not more than $5,000,000 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 $25,000,000
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).