33 USC 2326 - Regional sediment management

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

§ 2326.

Regional sediment management

(a)

In general

(1)

Sediment use

(A)

Sediment from Federal water resources projects

(B)

Sediment from other Federal sources and non-Federal sources

(2)

Cooperation

(3)

Purposes for sediment use in projects

The purposes of using sediment for the construction, repair, modification, or rehabilitation of Federal water resources projects are—

(A)

to reduce storm damage to property;

(B)

to protect, restore, and create aquatic and ecologically related habitats, including wetlands; and

(C)

to transport and place suitable sediment 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.

(4)

Reducing costs

(b)

Secretarial findings

Subject to subsection (c), projects carried out under subsection (a) may be carried out in any case in which the Secretary finds that—

(1)

the environmental, economic, and social benefits of the project, both monetary and nonmonetary, justify the cost of the project; and

(2)

the project will not result in environmental degradation.

(c)

Determination of project costs

(1)

Costs of construction

(A)

In general

(B)

Cost sharing

(i)

In general

(ii)

Special rule

(C)

Total cost

(2)

Operation, maintenance, replacement, and rehabilitation costs

(d)

Selection of dredged material disposal method for purposes related to environmental restoration or storm damage and flood reduction

(1)

In general

(A)

the environmental benefits, including the benefits to the aquatic environment to be derived from the creation of wetlands and control of shoreline erosion; or

(B)

the hurricane and storm or flood risk reduction benefits, including shoreline protection, protection against loss of life, and damage to improved property.

(2)

Federal share

(3)

Special rule

(4)

Disposal at non-Federal cost

(5)

Selection of dredged material disposal method for certain purposes

Activities carried out under this subsection—

(A)

shall be carried out using amounts appropriated for construction or operation and maintenance of the project involving the disposal of the dredged material; and

(B)

shall not carried 1

 So in original. Probably should be preceded by “be”.

out using amounts made available under subsection (g).

(e)

State and regional plans

The Secretary may—

(1)

cooperate with any State or group of States in the preparation of a comprehensive State or regional sediment management plan within the boundaries of the State or among States;

(2)

encourage State participation in the implementation of the plan; and

(3)

submit to Congress reports and recommendations with respect to appropriate Federal participation in carrying out the plan.

(f)

Priority areas

In carrying out this section, the Secretary shall give priority to a regional sediment management project in the vicinity of each of the following:

(1)

Little Rock Slackwater Harbor, Arkansas.

(2)

Fletcher Cove, California.

(3)

Egmont Key, Florida.

(4)

Calcasieu Ship Channel, Louisiana.

(5)

Delaware River Estuary, New Jersey and Pennsylvania.

(6)

Fire Island Inlet, Suffolk County, New York.

(7)

Smith Point Park Pavilion and the TWA Flight 800 Memorial, Brookhaven, New York.

(8)

Morehead City, North Carolina.

(9)

Toledo Harbor, Lucas County, Ohio.

(10)

Galveston Bay, Texas.

(11)

Benson Beach, Washington.

(g)

Authorization of appropriations

(Pub. L. 102–580, title II, § 204, Oct. 31, 1992, 106 Stat. 4826; Pub. L. 104–303, title II, § 207, Oct. 12, 1996, 110 Stat. 3680; Pub. L. 106–53, title II, § 209, Aug. 17, 1999, 113 Stat. 287; Pub. L. 110–114, title II, § 2037(a), Nov. 8, 2007, 121 Stat. 1094; Pub. L. 113–121, title I, §§ 1030(d)(1), 1038, June 10, 2014, 128 Stat. 1232, 1236; Pub. L. 114–322, title I, § 1122(i), Dec. 16, 2016, 130 Stat. 1647; Pub. L. 115–270, title I, §§ 1150, 1157(d), Oct. 23, 2018, 132 Stat. 3787, 3794; Pub. L. 116–260, div. AA, title I, § 125(a)(2)(C), Dec. 27, 2020, 134 Stat. 2637.)

cite as: 33 USC 2326