---
kind: "section"
citation: "33 U.S.C. § 2320"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "2320"
heading: "Protection of recreational and commercial uses"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/2320"
units:
  - "Chapter 36 — Water Resources Development"
  - "Subchapter V — General Provisions"
---

# §2320. Protection of recreational and commercial uses

- (a) **General rule—** In planning any water resources project, the [Secretary](/usc/33/426h–1.md?p=2) shall consider the impact of the project on existing and future recreational and commercial uses in the area surrounding the project.
- (b) **Maintenance—** Whenever the [Secretary](/usc/33/426h–1.md?p=2) 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](/usc/33/426h–1.md?p=2), 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.
- (c) **Mitigation—**
  - (1) **In general—** If maintenance, repair, rehabilitation, or reconstruction of a water resources project by the [Secretary](/usc/33/426h–1.md?p=2) 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](/usc/33/426h–1.md?p=2), 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.
  - (2) **Maximum amount—** The [Secretary](/usc/33/426h–1.md?p=2) may not expend more than $2,000,000 in a fiscal year to carry out this subsection.
  - (3) **Termination date—** This subsection shall not be effective after the last day of the 5-year period beginning on November 28, 1990; except that the [Secretary](/usc/33/426h–1.md?p=2) may complete any restoration commenced under this subsection on or before such last day.
- (d) **Applicability—**
  - (1) **General rule—** Subsections [(b)](#b) and [(c)](#c) shall apply to maintenance, repair, rehabilitation, or reconstruction for which physical construction is initiated after May 1, 1988.
  - (2) **Limitation—** Subsections [(b)](#b) and [(c)](#c) shall not apply to any action of the [Secretary](/usc/33/426h–1.md?p=2) which is necessary to discontinue the operation of a water resources project.
- (e) **Cost sharing—** Costs incurred by the [Secretary](/usc/33/426h–1.md?p=2) to carry out the objectives of this section shall be allocated to recreation and shall be payable by the beneficiaries of the recreation.

## Source credit

(Pub. L. 101–640, title III, § 313, Nov. 28, 1990, 104 Stat. 4640.)

## Notes

### Editorial Notes

### Codification

Section was enacted as part of the Water Resources Development Act of 1990, 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. 101–640, set out as a note under section 2201 of this title.