33 U.S.C. § 2320 : US Code - Section 2320: Protection of recreational and commercial uses

Search 33 U.S.C. § 2320 : US Code - Section 2320: Protection of recreational and commercial uses

(a) General rule
In planning any water resources project, the Secretary shall
consider the impact of the project on existing and future
recreational and commercial uses in the area surrounding the
project.
(b) Maintenance
Whenever the Secretary maintains, repairs, rehabilitates, or
reconstructs a water resources project which will result in a
change in the configuration of a structure which is a part of such
project, the Secretary, to the maximum extent practicable, shall
carry out such maintenance, repair, rehabilitation, or
reconstruction in a manner which will not adversely affect any
recreational use established with respect to such project before
the date of such maintenance, repair, rehabilitation, or
reconstruction.
(c) Mitigation
(1) In general
If maintenance, repair, rehabilitation, or reconstruction of a
water resources project by the Secretary results in a change in
the configuration of any structure which is a part of such
project and has an adverse effect on a recreational use
established with respect to such project before the date of such
maintenance, repair, rehabilitation, or reconstruction, the
Secretary, to the maximum extent practicable, shall take such
actions as may be necessary to restore such recreational use or
provide alternative opportunities for comparable recreational
use.
(2) Maximum amount
The Secretary may not expend more than $2,000,000 in a fiscal
year to carry out this subsection.
(3) Termination date
This subsection shall not be effective after the last day of
the 5-year period beginning on November 28, 1990; except that the
Secretary may complete any restoration commenced under this
subsection on or before such last day.
(d) Applicability
(1) General rule
Subsections (b) and (c) of this section shall apply to
maintenance, repair, rehabilitation, or reconstruction for which
physical construction is initiated after May 1, 1988.
(2) Limitation
Subsections (b) and (c) of this section shall not apply to any
action of the Secretary which is necessary to discontinue the
operation of a water resources project.
(e) Cost sharing
Costs incurred by the Secretary to carry out the objectives of
this section shall be allocated to recreation and shall be payable
by the beneficiaries of the recreation.