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33 U.S.C. § 2327a — Beneficial use of dredged material

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2327a — Beneficial use of dredged material

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Stable record: federal_law:legal_authorities:record_usc_244d59b16d557880c1b7c1cf
Source file: Laws/federal/codes/united-states-code/title-33/section-2327a-beneficial-use-of-dredged-material--93ab49154f.md
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Source location: Title 33, Chapter 36, § 2327a; chapter-036-water-resources-development.md

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**(a) In general** The Secretary is authorized to carry out projects for the beneficial use of dredged material, including projects for the purposes of— (1) promoting resiliency and reducing the risk to property and infrastructure of flooding and storm damage; (2) promoting public safety; (3) protecting, restoring, and creating aquatic ecosystem habitats; (4) stabilizing stream systems and enhancing shorelines; (5) promoting recreation; (6) supporting risk management adaptation strategies; (7) reducing the costs of dredging and dredged material placement or disposal, such as projects that use dredged material for— (A) construction or fill material; (B) civic improvement objectives; and (C) other innovative uses and placement alternatives that produce public economic or environmental benefits; and (8) recovering lost storage capacity in reservoirs due to sediment accumulation, if the project also has a purpose described in any of paragraphs (1) through (7). **(b) Project selection** In carrying out this section, the Secretary shall— (1) identify and carry out projects for the beneficial use of dredged material; (2) consult with relevant State agencies in selecting projects; and (3) select projects solely on the basis of— (A) the environmental, economic, and social benefits of the projects, including monetary and nonmonetary benefits; and (B) the need for a diversity of project types and geographical project locations. **(c) Regional beneficial use teams** (1) **In general** — The Secretary shall establish regional beneficial use teams to identify and assist in the implementation of projects under this section. (2) **Composition** (A) *Leadership* — For each regional beneficial use team established under paragraph (1), the Secretary shall appoint the Commander of the relevant division of the Corps of Engineers to serve as the head of the team. (B) *Membership* — The membership of each regional beneficial use team shall include— (i) representatives of relevant Corps of Engineers districts and divisions; (ii) representatives of relevant State and local agencies; and (iii) representatives of Federal agencies and such other entities as the Secretary determines appropriate, consistent with the purposes of this section. **(d) Considerations** The Secretary shall carry out this section in a manner that— (1) maximizes the beneficial placement of dredged material from Federal and non-Federal navigation channels; (2) incorporates, to the maximum extent practicable, 2 or more Federal navigation, flood control, storm damage reduction, or environmental restoration projects; (3) coordinates the mobilization of dredges and related equipment, including through the use of such efficiencies in contracting and environmental permitting as can be implemented under existing laws and regulations; (4) fosters Federal, State, and local collaboration; (5) implements best practices to maximize the beneficial use of dredged sand and other sediments; and (6) ensures that the use of dredged material is consistent with all applicable environmental laws. **(e) Cost sharing** (1) **In general** — Projects carried out under this section shall be subject to the cost-sharing requirements applicable to projects carried out under [section 2326 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2326&num=0&edition=prelim). (2) **Additional costs** — Notwithstanding paragraph (1), if the cost of transporting and depositing dredged material for a project carried out under this section exceeds the cost of carrying out those activities pursuant to any other water resources project in accordance, if applicable, with the Federal standard (as defined in section 335.7 of title 33, Code of Federal Regulations), the Secretary may not require the non-Federal interest to bear the additional cost of such activities. **(f) Report** Not later than 2 years after December 16, 2016, and annually thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes— (1) a description of the projects selected to be carried out under this section; (2) documentation supporting each of the projects selected; (3) the findings of regional beneficial use teams regarding project selection; and (4) any recommendations of the Secretary or regional beneficial use teams with respect to the implementation of this section. **(g) Exemption from other standards** The projects carried out under this section shall be carried out notwithstanding the definition of the term “Federal standard” in section 335.7 of title 33, Code of Federal Regulations. **(h) Redesignated (g)** **(i) , (j) Omitted**

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2201 — Prior project authorization

In any case in which a project under the jurisdiction of the Secretary is budgeted under a different business line than the business line under which the project was originally authorized, the Secretary shall ensure that the project is carried out in accordance with any requirements that apply to the business line under which the project was originally authorized.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1962d–5f — Reimbursement to States

**(a) Combination of reimbursement of installation costs and reduction in contributions; single project limitation** The Secretary of the Army, acting through the Chief of Engineers, may, when he determines it to be in the public interest, enter into agreements providing for reimbursement to States or political subdivisions thereof for work to be performed by such non-Federal public bodies at water resources development projects authorized for construction under the Secretary of the Army and the supervision of the Chief of Engineers. Such agreements may provide for reimbursement of installation costs incurred by such entities or an equivalent reduction in the contributions they would otherwise be required to make, or in appropriate cases, for a combination thereof. The amount of Federal reimbursement, including reductions in contributions, for a single project shall not exceed $5,000,000 or 1 percent of the total project cost, whichever is greater; except that the amount of actual Federal reimbursement, including reductions in contributions, for such project may not exceed $7,000,000 in any fiscal year. **(b) Agreement provisions; termination of agreement for failure to commence work** Agreements entered into pursuant to this section shall (1) fully describe the work to be accomplished by the non-Federal public body, and be accompanied by an engineering plan if necessary therefor; (2) specify the manner in which such work shall be carried out; (3) provide for necessary review of design and plans, and inspection of the work by the Chief of Engineers or his designee; (4) state the basis on which the amount of reimbursement shall be determined; (5) state that such reimbursement shall be dependent upon the appropriation of funds applicable thereto or funds available theref

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2326 — Voluntary contributions for environmental and recreation projects

**(a) Acceptance** In connection with carrying out a water resources project for environmental protection and restoration or a water resources project for recreation, the Secretary is authorized to accept contributions of cash, funds, materials, and services from persons, including governmental entities but excluding the project sponsor. **(b) Deposit** Any cash or funds received by the Secretary under subsection (a) shall be deposited into the account in the Treasury of the United States entitled “Contributions and Advances, Rivers and Harbors, Corps of Engineers (8862)” and shall be available until expended to carry out water resources projects described in subsection (a).

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2327a — Rehabilitation of Corps of Engineers

Page 828 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2327a (E)(i) which is initially funded before Octo- ber 1, 1994, and will require at least $5,000,000 in capital outlays; or (ii) which is initially funded on or after such date and will require at least $20,000,000 in capital outlays; and (2) structural modification of a major project component (not exhibiting reliability problems)— (A) which will enhance the operational ef- ficiency of such component or any other major component of the project by increas- ing benefits beyond the original project de- sign; and (B) which will require at least $1,000,000 in capital outlays. Such term does not include routine or deferred maintenance. The dollar amounts referred to in paragraphs (1) and (2) shall be adjusted annually according to the economic assumption published each year as guidance in the Annual Program and Budget Request for Civil Works Activities of the Corps of Engineers. (Pub. L. 102–580, title II, § 205, Oct. 31, 1992, 106 Stat. 4827; Pub. L. 113–121, title II, § 2006(a)(4), June 10, 2014, 128 Stat. 1268.) Editorial Notes CODIFICATION 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. AMENDMENTS 2014—Par. (1)(E)(ii). Pub. L. 113–121 substituted ‘‘$20,000,000’’ for ‘‘$8,000,000’’. § 2327a. Rehabilitation of Corps of Engineers constructed pump stations (a) Definitions In this section: (1) Eligible pump station The term ‘‘eligible pump station’’ means a pump station— (A) that is a feature of— (i) a federally authorized flood or coastal storm risk management project; or (ii) an integrated flood risk reduction system that includes a federally author- ized flood or co

Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 2327a

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