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33 U.S.C. § 2320

Protection of recreational and commercial uses

United States · Title 33 — NAVIGATION AND NAVIGABLE WATERS · Status: effective

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33 U.S.C. § 2320, Protection of recreational and commercial uses, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/469411
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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. 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. 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. The Secretary may not expend more than $2,000,000 in a fiscal year to carry out this subsection. 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. Subsections (b) and (c) shall apply to maintenance, repair, rehabilitation, or reconstruction for which physical construction is initiated after May 1, 1988. Subsections (b) and (c) shall not apply to any action of the Secretary which is necessary to discontinue the operation of a water resources project. 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.

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.

  • Enacted byPub. L. 101-640(S. 2740)1990-11-28
    Water Resources Development Act of 1990
    House: no recorded tallySenate: no recorded tally