33 USC 2332 - Shoreline and riverine protection and restoration

U.S Code last checked for updates: May 03, 2024

§ 2332.

Shoreline and riverine protection and restoration

(a)

In general

The Secretary may carry out studies and projects to—

(1)

reduce flood and hurricane and storm damage hazards; or

(2)

restore the natural functions and values of rivers and shorelines throughout the United States.

(b)

Studies and projects

(1)

Authority

(A)

Studies

In carrying out subsection (a), the Secretary may carry out studies to identify appropriate measures for—

(i)

the reduction of flood and hurricane and storm damage hazards, including measures for erosion mitigation and bank stabilization; or

(ii)

the conservation and restoration of the natural functions and values of rivers and shorelines.

(B)

Projects

(2)

Consultation and coordination

(3)

Nonstructural approaches

(4)

Participation

(c)

Cost-sharing requirements

(1)

Studies

(2)

Environmental restoration and nonstructural projects

(A)

In general

(B)

Items provided by non-Federal interests

(C)

Credit

(3)

Structural flood control or hurricane and storm damage reduction projects

(4)

Operation and maintenance

(d)

Project justification

Notwithstanding any requirement for economic justification established under section 1962–2 of title 42, the Secretary may implement a project under this section if the Secretary determines that the project—

(1)

will significantly reduce potential flood, hurricane and storm, or erosion damages;

(2)

will improve the quality of the environment; and

(3)

is justified considering all costs and beneficial outputs of the project.

(e)

Areas for Examination

(1)

In general

In carrying out this section, the Secretary shall examine appropriate locations, including—

(A)

Pima County, Arizona, at Paseo De Las Iglesias and Rillito River;

(B)

Coachella Valley, Riverside County, California;

(C)

Los Angeles and San Gabriel Rivers, California;

(D)

Murrieta Creek, California;

(E)

Napa River Valley watershed, California, at Yountville, St. Helena, Calistoga, and American Canyon;

(F)

Santa Clara basin, California, at Upper Guadalupe River and Tributaries, San Francisquito Creek, and Upper Penitencia Creek;

(G)

Pond Creek, Kentucky;

(H)

Red River of the North, Minnesota, North Dakota, and South Dakota;

(I)

Connecticut River, New Hampshire;

(J)

Pine Mount Creek, New Jersey;

(K)

Southwest Valley, Albuquerque, New Mexico;

(L)

Upper Delaware River, New York;

(M)

Briar Creek, North Carolina;

(N)

Chagrin River, Ohio;

(O)

Mill Creek, Cincinnati, Ohio;

(P)

Tillamook County, Oregon;

(Q)

Willamette River basin, Oregon;

(R)

Blair County, Pennsylvania, at Altoona and Frankstown Township;

(S)

Delaware River, Pennsylvania;

(T)

Schuylkill River, Pennsylvania;

(U)

Providence County, Rhode Island;

(V)

Shenandoah River, Virginia;

(W)

Lincoln Creek, Wisconsin;

(X)

Perry Creek, Iowa;

(Y)

Lester, St. Louis, East Savanna, and Floodwood Rivers, Duluth, Minnesota;

(Z)

Lower Hudson River and tributaries, New York;

(AA)

Susquehanna River watershed, Bradford County, Pennsylvania;

(BB)

Clear Creek, Harris, Galveston, and Brazoria Counties, Texas;

(CC)

Ascension Parish, Louisiana;

(DD)

East Baton Rouge Parish, Louisiana;

(EE)

Iberville Parish, Louisiana;

(FF)

Livingston Parish, Louisiana; and

(GG)

Pointe Coupee Parish, Louisiana.

(2)

Priority projects

In carrying out this section, the Secretary shall prioritize projects for the following locations:

(A)

Delaware beaches and watersheds, Delaware.

(B)

Louisiana Coastal Area, Louisiana.

(C)

Great Lakes Shores and Watersheds.

(D)

Oregon Coastal Area and Willamette River basin, Oregon.

(E)

Upper Missouri River Basin.

(F)

Ohio River Tributaries and their watersheds, West Virginia.

(G)

Chesapeake Bay watershed and Maryland beaches, Maryland.

(H)

City of Southport, North Carolina.

(I)

Maumee River, Ohio.

(J)

Los Angeles and San Gabriel Rivers, California.

(K)

Kentucky River and its tributaries and watersheds.

(f)

Procedure

(1)

All projects

The Secretary shall not implement any project under this section until—

(A)

the Secretary submits to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written notification describing the project and the determinations made under subsection (d)(1); and

(B)

21 calendar days have elapsed after the date on which the notification was received by the committees.

(2)

Projects requiring specific authorization

(g)

Definitions

In this section:

(1)

Economically disadvantaged community

(2)

Natural feature; nature-based feature

(Pub. L. 106–53, title II, § 212, Aug. 17, 1999, 113 Stat. 288; Pub. L. 106–541, title II, § 227, Dec. 11, 2000, 114 Stat. 2599; Pub. L. 110–114, title V, § 5005, Nov. 8, 2007, 121 Stat. 1192; Pub. L. 117–263, div. H, title LXXXI, § 8103(a), Dec. 23, 2022, 136 Stat. 3696.)

cite as: 33 USC 2332