U.S. Code > Title 33 Navigation and Navigable Waters > CHAPTER 36—WATER RESOURCES DEVELOPMENT (§§ 2201—2348) > SUBCHAPTER V—GENERAL PROVISIONS (§§ 2280—2348) > § 2330. Aquatic ecosystem restoration

§ 2330. Aquatic ecosystem restoration

(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.
(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.
(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 $5,000,000 in Federal funds may be allotted under this section for a project at any single locality.
(e) Funding
There is authorized to be appropriated to carry out this section $50,000,000 for each fiscal year.