Title 33 — Navigation and Navigable Waters
Chapter 36 — Water Resources Development
§ 2333. Irrigation diversion protection and fisheries enhancement assistance
Statutory text
In general
The Secretary may provide technical planning and design assistance to non-Federal interests and may conduct other site-specific studies to formulate and evaluate fish screens, fish passages devices, and other measures to decrease the incidence of juvenile and adult fish inadvertently entering irrigation systems.
Cooperation
Measures under subsection (a)—
shall be developed in cooperation with Federal and State resource agencies; and
shall not impair the continued withdrawal of water for irrigation purposes.
Priority
In providing assistance under subsection (a), the Secretary shall give priority based on—
the objectives of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
cost-effectiveness; and
the potential for reducing fish mortality.
Non-Federal share
In general
The non-Federal share of the cost of measures under subsection (a) shall be 50 percent.
In-kind contributions
Not more than 50 percent of the non-Federal contribution may be made through the provision of services, materials, supplies, or other in-kind contributions.
No construction activity
This section does not authorize any construction activity.
Report
Not later than 2 years after , the Secretary shall submit to Congress a report on—
fish mortality caused by irrigation water intake devices;
appropriate measures to reduce fish mortality;
the extent to which those measures are currently being employed in arid States;
the construction costs associated with those measures; and
the appropriate Federal role, if any, to encourage the use of those measures.
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.
Pub. L. 106–53 title V § 515 · 113 Stat. 269
Enacted · 33 U.S.C. § 2333
(Pub. L. 106–53, title V, § 515, Aug. 17, 1999, 113 Stat. 344.)
Source evidence
Code source credit
(Pub. L. 106–53, title V, § 515, Aug. 17, 1999, 113 Stat. 344.)Enacted provision · exact public law section
SEC. 515. IRRIGATION DIVERSION PROTECTION AND FISHERIES ENHANCEMENT ASSISTANCE. (a) In General.— The Secretary may provide technical planning and design assistance to non-Federal interests and may conduct other site-specific studies to formulate and evaluate fish screens, fish passages devices, and other measures to decrease the incidence of juvenile and adult fish inadvertently entering irrigation systems. (b) Cooperation.— Measures under subsection (a)— (1) shall be developed in cooperation with Federal and State resource agencies; and (2) shall not impair the continued withdrawal of water for irrigation purposes. (c) Priority.— In providing assistance under subsection (a), the Secretary shall give priority based on— (1) the objectives of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (2) cost-effectiveness; and (3) the potential for reducing fish mortality. (d) Non-Federal Share.— (1) In general.— The non-Federal share of the cost of measures under subsection (a) shall be 50 percent. (2) In-kind contributions.— Not more than 50 percent of the non-Federal contribution may be made through the provision of services, materials, supplies, or other in-kind contributions. (e) No Construction Activity.— This section does not authorize any construction activity. (f) Report.— Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report on— (1) fish mortality caused by irrigation water intake devices; (2) appropriate measures to reduce fish mortality; (3) the extent to which those measures are currently being employed in arid States; (4) the construction costs associated with those measures; and (5) the appropriate Federal role, if any, to encourage the use of those measures.
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
The Endangered Species Act of 1973, referred to in subsec. (c)(1), is Pub. L. 93–205, , 87 Stat. 884, which is classified generally to chapter 35 (§ 1531 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of Title 16 and Tables.
Codification
Section was enacted as part of the Water Resources Development Act of 1999, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Statutory Notes and Related Subsidiaries
“Secretary” Defined
Secretary means the Secretary of the Army, see section 2 of Pub. L. 106–53, set out as a note under section 2201 of this title.