§ 2263. Study of Corps capability to conserve fish and wildlife

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1986

   Pub. L. 99–662 title VII § 704 · 100 Stat. 4082

   Enacted · 33 U.S.C. § 2263

   Pub. L. 99–662, title VII, § 704, Nov. 17, 1986, 100 Stat. 4157

   Source evidence

   Code source credit
   Pub. L. 99–662, title VII, § 704, Nov. 17, 1986, 100 Stat. 4157

   Enacted provision · exact public law section
   SEC. 704. STUDY OF CORPS CAPABILITY TO CONSERVE FISH AND WILDLIFE. (a) The Secretary shall investigate and study the feasibility of utilizing the capabilities of the United States Army Corps of Engineers to conserve fish and wildlife (including their habitats) where such fish and wildlife are indigenous to the United States, its possessions, or its territories. The scope of such study shall include the use of engineering or construction capabilities to create alternative habitats, or to improve, enlarge, develop, or otherwise beneficially modify existing habitats of such fish and wildlife. The study shall be conducted in consultation with the Director of the Fish and Wildlife Service of the Department of the Interior, the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration, and the Administrator of the Environmental Protection Agency, and shall be transmitted within the 30-month period beginning on the date of enactment of this Act by the Secretary to Congress, together with the findings, conclusions, and recommendations of the Chief of Engineers. The Secretary, in consultation with the Federal officers referred to in the preceding sentence, shall undertake a continuing review of the matters covered in the study and shall transmit to Congress, on a biennial basis, any revisions to the study that may be required as a result of the review, together with the findings, conclusions, and recommendations of the Chief of Engineers. (b) The Secretary is further authorized to conduct projects of alternative or beneficially modified habitats for fish and wildlife, including but not limited to man-made reefs for fish. There is Appropriation authorization. authorized to be appropriated not to exceed $5,000,000 to carry out such projects. Such projects shall be developed, and their effectiveness evaluated, in consultation with the Director of the Fish and Wildlife Service and the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration. Such projects shall include— (1) the construction of a reef for fish habitat in Lake Erie New York. in the vicinity of Buffalo, New York; (2) the construction of a reef for fish habitat in the Atlantic Florida. Ocean in the vicinity of Fort Lauderdale, Florida; (3) the construction of a reef for fish habitat in Lake Ontario New York. in the vicinity of the town of Newfane, New York; and (4) the construction of a reef for fish habitat in the Chesapeake Maryland. Bay in Maryland. The non-Federal share of the cost of any project under this section shall be 25 percent.

2. 1996

   Water Resources Development Act of 1996

   Pub. L. 104–303 title V § 505 · 110 Stat. 3658

   1. Substituted · 33 U.S.C. § 2263(b)

      Pub. L. 104–303 substituted “$7,000,000” for “$5,000,000” in introductory provisions

   2. Inserted · 33 U.S.C. § 2263(b)

      Pub. L. 104–303 inserted “and Virginia” after “Maryland” in par. (4)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 104–303 substituted “$7,000,000” for “$5,000,000” in introductory provisions and inserted “and Virginia” after “Maryland” in par. (4).

   Enacted provision · exact public law section
   SEC. 505. CORPS CAPABILITY TO CONSERVE FISH AND WILDLIFE. Section 704(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2263(b); 100 Stat. 4157) is amended— (1) by striking “$5,000,000”; and inserting “$7,000,000”; and (2) in paragraph (4) by inserting “and Virginia” after “Maryland”.

3. 2000

   Pub. L. 106–541 § 342(1) · 114 Stat. 2572

   1. Substituted · 33 U.S.C. § 2263(b)

      Pub. L. 106–541, § 342(1), (3), substituted “$20,000,000” for “$7,000,000” in second sentence of introductory provisions

   2. Inserted · 33 U.S.C. § 2263(b)

      Pub. L. 106–541, § 342(1), (3), inserted at end of concluding provisions “In carrying out paragraph (4), the Chief of Engineers may solicit participation by and the services of commercial watermen in the construction of the reefs.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 106–541, § 342(1), (3), substituted “$20,000,000” for “$7,000,000” in second sentence of introductory provisions and inserted at end of concluding provisions “In carrying out paragraph (4), the Chief of Engineers may solicit participation by and the services of commercial watermen in the construction of the reefs.”

   Enacted provision · exact public law section
   (1) in the second sentence by striking “$7,000,000” and inserting “$20,000,000”;

4. 2000

   Pub. L. 106–541 § 342(2) · 114 Stat. 2572

   1. Added · 33 U.S.C. § 2263(b)(4)

      Pub. L. 106–541, § 342(2), added par. (4)

   2. Struck · 33 U.S.C. § 2263(b)(4)

      Pub. L. 106–541, § 342(2), struck out former par. (4) which read as follows: “the construction of a reef for fish habitat in the Chesapeake Bay in Maryland and Virginia.”

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 106–541, § 342(2), added par. (4) and struck out former par. (4) which read as follows: “the construction of a reef for fish habitat in the Chesapeake Bay in Maryland and Virginia.”

   Enacted provision · exact public law section
   (2) by striking paragraph (4) and inserting the following: “(4) the construction of reefs and related clean shell substrate for fish habitat, including manmade 3-dimensional oyster reefs, in the Chesapeake Bay and its tributaries in Maryland and Virginia if the reefs are preserved as permanent sanctuaries by the non-Federal interests, consistent with the recommendations of the scientific consensus document on Chesapeake Bay oyster restoration dated June 1999.”; and

5. 2001

   Pub. L. 107–66 title I § 113 · 115 Stat. 486

   1. Inserted · 33 U.S.C. § 2263(b)

      Pub. L. 107–66 inserted subsec. heading

   2. Amended · 33 U.S.C. § 2263(b)

      Pub. L. 107–66 designated introductory provisions as par. (1)

   3. Inserted · 33 U.S.C. § 2263(b)

      Pub. L. 107–66 inserted par. (1) heading

   4. Redesignated · 33 U.S.C. § 2263(b)

      Pub. L. 107–66 redesignated former pars. (1) to (4) as subpars. (A) to (D), respectively, of par. (1)

   5. Substituted · 33 U.S.C. § 2263(b)

      Pub. L. 107–66 substituted par. (2) for first sentence of concluding provisions which read “The non-Federal share of the cost of any project under this section shall be 25 percent.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 107–66 inserted subsec. heading, designated introductory provisions as par. (1), inserted par. (1) heading, redesignated former pars. (1) to (4) as subpars. (A) to (D), respectively, of par. (1), and substituted par. (2) for first sentence of concluding provisions which read “The non-Federal share of the cost of any project under this section shall be 25 percent.”

   Enacted provision · exact public law section
   Sec. 113. Study of Corps Capability to Conserve Fish and Wildlife. Section 704(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2263(b)) is amended— (1) by redesignating paragraphs (1), (2), (3), and (4) as subparagraphs (A), (B), (C), and (D), respectively; (2) by striking “(b) The Secretary” and inserting the following: “(b) Projects.— “(1) In general.— The Secretary”; and (3) by striking “The non-Federal share of the cost of any project under this section shall be 25 percent.” and inserting the following: “(2) Cost sharing.— “(A) In general.— The non-Federal share of the cost of any project under this subsection shall be 25 percent. “(B) Form.— The non-Federal share may be provided through in-kind services, including the provision by the non-Federal interest of shell stock material that is determined by the Chief of Engineers to be suitable for use in carrying out the project. “(C) Applicability— The non-Federal interest shall be credited with the value of in-kind services provided on or after October 1, 2000, for a project described in paragraph (1) completed on or after that date, if the Secretary determines that the work is integral to the project”.

6. 2005

   Pub. L. 109–103 title I § 126 · 119 Stat. 2247

   Substituted · 33 U.S.C. § 2263(b)(1)

   Pub. L. 109–103 substituted “$30,000,000” for “$20,000,000” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 109–103 substituted “$30,000,000” for “$20,000,000” in introductory provisions.

   Enacted provision · exact public law section
   Sec. 126. Chesapeake Bay Oyster Restoration, Maryland and Virginia. —The second sentence of section 704(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2263(b)) is amended by striking “$20,000,000” and inserting “$30,000,000”.

7. 2007

   Water Resources Development Act of 2007

   Pub. L. 110–114 § 5021(2) · 121 Stat. 1041

   1. Substituted · 33 U.S.C. § 2263(b)(1)

      Pub. L. 110–114, § 5021(2), substituted “$50,000,000” for “$30,000,000” in second sentence

   2. Amended · 33 U.S.C. § 2263(b)(1)

      Pub. L. 110–114, § 5021(2), designated last sentence as par. (2)

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 110–114, § 5021(2), substituted “$50,000,000” for “$30,000,000” in second sentence and designated last sentence as par. (2).

   Enacted provision · exact public law section
   (2) in paragraph (1)— (A) in the second sentence by striking “$30,000,000” and inserting “$50,000,000”; and (B) in the third sentence by striking “Such projects” and inserting the following: “(2) Inclusions.— Such projects” ;

8. 2007

   Water Resources Development Act of 2007

   Pub. L. 110–114 § 5021(2)(B) · 121 Stat. 1041

   1. Amended · 33 U.S.C. § 2263(b)(2)

      Pub. L. 110–114, § 5021(2)(B), designated last sentence of par. (1) as (2)

   2. Redesignated · 33 U.S.C. § 2263(b)(2)

      Pub. L. 110–114, § 5021(2)(B), inserted heading. Former par. (2) redesignated (4)

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 110–114, § 5021(2)(B), designated last sentence of par. (1) as (2) and inserted heading. Former par. (2) redesignated (4).

   Enacted provision · exact public law section
   (B) in the third sentence by striking “Such projects” and inserting the following: “(2) Inclusions.— Such projects” ;

9. 2007

   Water Resources Development Act of 2007

   Pub. L. 110–114 § 5021(3) · 121 Stat. 1041

   1. Added · 33 U.S.C. § 2263(b)(2)(D)

      Pub. L. 110–114, § 5021(3), added subpar. (D)

   2. Struck · 33 U.S.C. § 2263(b)(2)(D)

      Pub. L. 110–114, § 5021(3), struck out former subpar. (D) which read as follows: “the construction of reefs and related clean shell substrate for fish habitat, including manmade 3-dimensional oyster reefs, in the Chesapeake Bay and its tributaries in Maryland and Virginia if the reefs are preserved as permanent sanctuaries by the non-Federal interests, consistent with the recommendations of the scientific consensus document on Chesapeake Bay oyster restoration dated June 1999.”

   Source evidence

   Code amendment note
   Subsec. (b)(2)(D). Pub. L. 110–114, § 5021(3), added subpar. (D) and struck out former subpar. (D) which read as follows: “the construction of reefs and related clean shell substrate for fish habitat, including manmade 3-dimensional oyster reefs, in the Chesapeake Bay and its tributaries in Maryland and Virginia if the reefs are preserved as permanent sanctuaries by the non-Federal interests, consistent with the recommendations of the scientific consensus document on Chesapeake Bay oyster restoration dated June 1999.”

   Enacted provision · exact public law section
   (3) by striking paragraph (2)(D) (as redesignated by paragraph (2)(B) of this subsection) and inserting the following: “(D) the restoration and rehabilitation of habitat for fish, including native oysters, in the Chesapeake Bay and its tributaries in Virginia and Maryland, including— “(i) the construction of oyster bars and reefs; “(ii) the rehabilitation of existing marginal habitat; “(iii) the use of appropriate alternative substrate material in oyster bar and reef construction; “(iv) the construction and upgrading of oyster hatcheries; and “(v) activities relating to increasing the output of native oyster broodstock for seeding and monitoring of restored sites to ensure ecological success. “(3) Restoration and rehabilitation activities.— The restoration and rehabilitation activities described in paragraph (2)(D) shall be— “(A) for the purpose of establishing permanent sanctuaries and harvest management areas; and “(B) consistent with plans and strategies for guiding the restoration of the Chesapeake Bay oyster resource and fishery.” ; and

10. 2007

    Water Resources Development Act of 2007

    Pub. L. 110–114 § 5021(1) · 121 Stat. 1041

    1. Added · 33 U.S.C. § 2263(b)(3); 33 U.S.C. § 2263(b)(4)

       Pub. L. 110–114, § 5021(1), (3), added par. (3)

    2. Redesignated · 33 U.S.C. § 2263(b)(3); 33 U.S.C. § 2263(b)(4)

       Pub. L. 110–114, § 5021(1), (3), redesignated par. (2) as (4)

    Source evidence

    Code amendment note
    Subsec. (b)(3), (4). Pub. L. 110–114, § 5021(1), (3), added par. (3) and redesignated par. (2) as (4).

    Enacted provision · exact public law section
    (1) by redesignating paragraph (2) as paragraph (4);

11. 2007

    Water Resources Development Act of 2007

    Pub. L. 110–114 § 5021(4) · 121 Stat. 1041

    Added · 33 U.S.C. § 2263(b)(5)

    Pub. L. 110–114, § 5021(4), which directed addition of par. (5) at end of subsec. (b), was executed by adding par. (5) after par. (4) to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 110–114, § 5021(4), which directed addition of par. (5) at end of subsec. (b), was executed by adding par. (5) after par. (4) to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (4) by adding at the end the following: “(5) Definition of ecological success.— In this subsection, the term ‘ecological success’ means— “(A) achieving a tenfold increase in native oyster biomass by the year 2010, from a 1994 baseline; and “(B) the establishment of a sustainable fishery as determined by a broad scientific and economic consensus.” .

12. 2014

    Water Resources Reform and Development Act of 2014

    Pub. L. 113–121 § 4010(b)(1) · 128 Stat. 1193

    Substituted · 33 U.S.C. § 2263(b)(1)

    Pub. L. 113–121, § 4010(b)(1), substituted “$60,000,000” for “$50,000,000”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 113–121, § 4010(b)(1), substituted “$60,000,000” for “$50,000,000”.

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking “$50,000,000” and inserting “$60,000,000”; and

13. 2014

    Water Resources Reform and Development Act of 2014

    Pub. L. 113–121 § 4010(b)(2) · 128 Stat. 1193

    1. Added · 33 U.S.C. § 2263(b)(4)(B)

       Pub. L. 113–121, § 4010(b)(2), added subpar. (B)

    2. Struck · 33 U.S.C. § 2263(b)(4)(B)

       Pub. L. 113–121, § 4010(b)(2), struck out former subpar. (B). Prior to amendment, text read as follows: “The non-Federal share may be provided through in-kind services, including the provision by the non-Federal interest of shell stock material that is determined by the Chief of Engineers to be suitable for use in carrying out the project.”

    Source evidence

    Code amendment note
    Subsec. (b)(4)(B). Pub. L. 113–121, § 4010(b)(2), added subpar. (B) and struck out former subpar. (B). Prior to amendment, text read as follows: “The non-Federal share may be provided through in-kind services, including the provision by the non-Federal interest of shell stock material that is determined by the Chief of Engineers to be suitable for use in carrying out the project.”

    Enacted provision · exact public law section
    (2) in paragraph (4), by striking subparagraph (B) and inserting the following: “(B) Form.— The non-Federal share may be provided through in-kind services, including— “(i) the provision by the non-Federal interest of shell stock material that is determined by the Secretary to be suitable for use in carrying out the project; and “(ii) in the case of a project carried out under paragraph (2)(D) after the date of enactment of this clause, land conservation or restoration efforts undertaken by the non-Federal interest that the Secretary determines provide water quality benefits that— “(I) enhance the viability of oyster restoration efforts; “(II) are integral to the project; and “(III) are cost effective.” .

14. 2016

    Water Resources Development Act of 2016

    Pub. L. 114–322 title I § 1180 · 130 Stat. 1628

    Substituted · 33 U.S.C. § 2263(b)(1)

    Pub. L. 114–322 substituted “$100,000,000” for “$60,000,000”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 114–322 substituted “$100,000,000” for “$60,000,000”.

    Enacted provision · exact public law section
    SEC. 1180. CHESAPEAKE BAY OYSTER RESTORATION.   Section 704(b)(1) of the Water Resources Development Act of 1986 (33 U.S.C. 2263(b)(1)) is amended by striking “$60,000,000” and inserting “$100,000,000”.

15. 2025

    Pub. L. 118–272 div. A title III § 1335 · 138 Stat. 3147

    Substituted · 33 U.S.C. § 2263(b)(1)

    Pub. L. 118–272 substituted “$120,000,000” for “$100,000,000”

    Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 118–272 substituted “$120,000,000” for “$100,000,000”.

26 of 27 references resolved to an enrolled provision · 1 unresolved