33 U.S. Code § 2326 - Regional sediment management
For sediment obtained through or used in the construction, operation, or maintenance of an authorized Federal water resources project, the Secretary shall develop, at Federal expense, regional sediment management plans and carry out projects at locations identified in plans developed under this section, or identified jointly by the non-Federal interest and the Secretary, for use in the construction, repair, modification, or rehabilitation of projects associated with Federal water resources projects for purposes listed in paragraph (3).
For purposes of projects carried out under this section, the Secretary may include sediment from other Federal sources and non-Federal sources, subject to the requirement that any sediment obtained from a non-Federal source shall not be obtained at Federal expense.
The Secretary shall develop plans under this subsection in cooperation with the appropriate Federal, State, regional, and local agencies.
To reduce or avoid Federal costs, the Secretary shall consider the beneficial use of dredged material in a manner that contributes to the maintenance of sediment resources in the nearby coastal system.
Costs associated with construction of a project under this section or identified in a regional sediment management plan shall be limited solely to construction costs that are in excess of the costs necessary to carry out the dredging for construction, operation, or maintenance of an authorized Federal water resources project in the most cost-effective way, consistent with economic, engineering, and environmental criteria.
Construction of a project under this section for one or more of the purposes of protection, restoration, or creation of aquatic and ecologically related habitat, the cost of which does not exceed $750,000 and which is located in a disadvantaged community as determined by the Secretary, may be carried out at Federal expense.
The total Federal costs associated with construction of a project under this section may not exceed $10,000,000.
Operation, maintenance, replacement, and rehabilitation costs associated with a project under this section are the responsibility of the non-Federal interest.
The Federal share of such incremental costs shall be determined in accordance with subsection (c).
Disposal of dredged material under this subsection may include a single or periodic application of sediment for beneficial use and shall not require operation and maintenance.
There is authorized to be appropriated to carry out this section $50,000,000 per fiscal year, of which not more than $5,000,000 per fiscal year may be used for the development of regional sediment management plans authorized by subsection (e) and of which not more than $3,000,000 per fiscal year may be used for construction of projects to which subsection (c)(1)(B)(ii) applies. Such funds shall remain available until expended.
Section was enacted as part of the Water Resources Development Act of 1992, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
2016—Subsec. (a)(1). Pub. L. 114–322, § 1122(i)(1), designated existing provisions as subpar. (A), inserted heading, and added subpar. (B).
Subsec. (d)(3), (4). Pub. L. 114–322, § 1122(i)(2), added pars. (3) and (4).
2014—Subsec. (a)(1). Pub. L. 113–121, § 1038(1)(A), inserted “or used in” after “obtained through”.
Subsec. (a)(3)(C). Pub. L. 113–121, § 1038(1)(B), inserted “for the purposes of improving environmental conditions in marsh and littoral systems, stabilizing stream channels, enhancing shorelines, and supporting State and local risk management adaptation strategies” before period at end.
Subsec. (a)(4). Pub. L. 113–121, § 1038(1)(C), added par. (4).
Subsec. (c)(1)(C). Pub. L. 113–121, § 1030(d)(1)(A), substituted “$10,000,000” for “$5,000,000”.
Subsec. (d). Pub. L. 113–121, § 1038(2)(A), substituted “Selection of dredged material disposal method for purposes related to environmental restoration or storm damage and flood reduction” for “Selection of dredged material disposal method for environmental purposes” in heading.
Subsec. (d)(1). Pub. L. 113–121, § 1038(2)(B), substituted “in relation to—” for “in relation to the environmental benefits, including the benefits to the aquatic environment to be derived from the creation of wetlands and control of shoreline erosion.” and added subpars. (A) and (B).
Subsec. (e)(1). Pub. L. 113–121, § 1038(3), added par. (1) and struck out former par. (1) which read as follows: “cooperate with any State in the preparation of a comprehensive State or regional sediment management plan within the boundaries of the State;”.
Subsec. (g). Pub. L. 113–121, § 1030(d)(1)(B), substituted “$50,000,000” for “$30,000,000”.
2007—Pub. L. 110–114 amended section generally. Prior to amendment, section related to beneficial uses of dredged material.
1999—Subsec. (c). Pub. L. 106–53, § 209(1), in introductory provisions, substituted “binding agreement with the Secretary” for “cooperative agreement in accordance with the requirements of section 1962d–5b of title 42”.
Subsec. (g). Pub. L. 106–53, § 209(2), added subsec. (g).
1996—Subsecs. (e), (f). Pub. L. 104–303 added subsec. (e) and redesignated former subsec. (e) as (f).
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