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33 U.S.C. § 2326 — Voluntary contributions for environmental and recreation projects
Federal law — U.S. Code and appendices · legal_authorities
**(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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Stable record: federal_law:legal_authorities:record_usc_a06a0a905f1f677180f8cbad
Source file: Laws/federal/codes/united-states-code/title-33/section-2326-voluntary-contributions-for-environmental-and-recreation-projects--60cc08b526.md
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Source location: Title 33, Chapter 36, § 2326; chapter-036-water-resources-development.md
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**(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
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2201
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Trust fund** There are authorized to be appropriated out of the Harbor Maintenance Trust Fund, established by [section 9505 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section9505&num=0&edition=prelim), for each fiscal year such sums as may be necessary to pay—
(1) 100 percent of the eligible operations and maintenance costs of those portions of the Saint Lawrence Seaway operated and maintained by the Great Lakes St. Lawrence Seaway Development Corporation for such fiscal year; and
(2) up to 100 percent of the eligible operations and maintenance costs assigned to commercial navigation of all harbors and inland harbors within the United States.
**(b) General fund** There are authorized to be appropriated out of the general fund of the Treasury of the United States for each fiscal year such sums as may be necessary to pay the balance of all eligible operations and maintenance costs not provided by payments from the Harbor Maintenance Trust Fund under this section.
**(c) Operation and maintenance of harbor projects**
(1) **In general** — To the maximum extent practicable, the Secretary shall make expenditures to pay for operation and maintenance costs of the harbors and inland harbors referred to in subsection (a)(2), including expenditures of funds appropriated from the Harbor Maintenance Trust Fund, based on an equitable allocation of funds among all such harbors and inland harbors.
(2) **Criteria**
(A) *In general* — In determining an equitable allocation of funds under paragraph (1), the Secretary shall—
(i) consider the information obtained in the assessment conducted under subsection (e);
(ii) consider the national and regional significance of harbor operations and maintenance; and
(iii) as appropria
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2238b–1
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Not later than February 1 of each year, the Secretary shall develop and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an annual report, to be entitled “Report to Congress on Future Water Resources Development”, that identifies the following:
(1) **Feasibility reports** — Each feasibility report that meets the criteria established in subsection (c)(1)(A).
(2) **Proposed feasibility studies** — Any proposed feasibility study submitted to the Secretary by a non-Federal interest pursuant to subsection (b) that meets the criteria established in subsection (c)(1)(A).
(3) **Proposed modifications** — Any proposed modification to an authorized water resources development project or feasibility study that meets the criteria established in subsection (c)(1)(A) that—
(A) is submitted to the Secretary by a non-Federal interest pursuant to subsection (b); or
(B) is identified by the Secretary for authorization.
(4) **Programmatic modifications** — Any programmatic modification for an environmental infrastructure assistance program.
**(b) Requests for proposals**
(1) **Publication** — Not later than May 1 of each year, the Secretary shall publish in the Federal Register a notice requesting proposals from non-Federal interests for proposed feasibility studies, proposed modifications to authorized water resources development projects and feasibility studies, and proposed modifications for an environmental infrastructure program to be included in the annual report.
(2) **Deadline for requests** — The Secretary shall include in each notice required by this subsection a requirement that non-Federal interests submit to the Secretary any proposals de
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2282f
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) **Sediment use**
(A) *Sediment from Federal water resources projects* — For sediment obtained through or used in the construction, operation, or maintenance of an authorized Federal water resources project, including a project authorized for flood control, 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, including projects for the beneficial use of dredged materials described in section 1122 of the Water Resources Development Act of 2016 ([33 U.S.C. 2326](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2326&num=0&edition=prelim) note),11 See References in Text note below. associated with Federal water resources projects for purposes listed in paragraph (3).
(B) *Sediment from other Federal sources and non-Federal sources* — 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.
(2) **Cooperation** — The Secretary shall develop plans under this subsection in cooperation with the appropriate Federal, State, regional, and local agencies.
(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, i
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2326c
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Additional capacity or replacement capacity**
(1) **Provided by Secretary**
(A) *In general* — Subject to subparagraph (B), at the request of a non-Federal interest with respect to a project, the Secretary may—
(i) provide additional capacity at a dredged material disposal facility constructed by the Secretary beyond the capacity that would be required for project purposes; or
(ii) permit the use of dredged material disposal facility capacity required for project purposes by the non-Federal interest if the Secretary determines that replacement capacity can be constructed at the facility or another facility or site before such capacity is needed for project purposes.
(B) *Agreement* — Before the Secretary takes an action under subparagraph (A), the non-Federal interest shall agree to pay—
(i) all costs associated with the construction of the additional capacity or replacement capacity in advance of construction of such capacity; and
(ii) in the case of use by a non-Federal interest of dredged material disposal capacity required for project purposes under subparagraph (A)(ii), any increase in the cost of operation and maintenance of the project that the Secretary determines results from the use of the project capacity by the non-Federal interest in advance of each cycle of dredging.
(C) *Credit* — In the event the Secretary determines that the cost to operate or maintain the project decreases as a result of use by the non-Federal interest of dredged material disposal capacity required for project purposes under subparagraph (A)(ii), the Secretary, at the request of the non-Federal interest, shall credit the amount of the decrease toward any cash contribution of the non-Federal interest required thereafter for construction, operation, or
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2326d
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Federal law — U.S. Code and appendices · legal_authorities
**(a) National policy on the beneficial use of dredged material**
(1) **In general**
(A) *Policy* — It is the policy of the United States for the Corps of Engineers to maximize the beneficial use, in an environmentally acceptable manner, of suitable dredged material obtained from the construction or operation and maintenance of water resources development projects.
(B) *National goal* — To the greatest extent practicable, the Secretary shall ensure that not less than 70 percent by volume (as measured in cubic yards) of suitable dredged material obtained from the construction or operation and maintenance of water resources development projects is used beneficially.
(2) **Placement of dredged materials**
(A) *In general* — In evaluating the placement of dredged material obtained from the construction or operation and maintenance of water resources development projects, the Secretary shall consider—
(i) the suitability of the dredged material for a full range of beneficial uses; and
(ii) the economic and environmental benefits, efficiencies, and impacts (including the effects on living coral) of using the dredged material for beneficial uses, including, in the case of beneficial use activities that involve more than one water resources development project, the benefits, efficiencies, and impacts that result from the combined activities.
(B) *Calculation of Federal standard*
(i) *Determination* — The economic benefits and efficiencies from the beneficial use of dredged material considered by the Secretary under subparagraph (A) shall be included in any determination relating to the “Federal standard” by the Secretary under section 335.7 of title 33, Code of Federal Regulations, for the placement or disposal of such material.
(ii) *Reports*
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2326j
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2327a
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Federal law — U.S. Code and appendices · legal_authorities
Page 815
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 2326
1 See References in Text note below.
fied principally to chapter 68 (§ 5121 et seq.) of Title 42,
The Public Health and Welfare. For complete classi-
fication of this Act to the Code, see Short Title note
set out under section 5121 of Title 42 and Tables.
The National Environmental Policy Act of 1969, re-
ferred to in subsec. (c), is Pub. L. 91–190, Jan. 1, 1970, 83
Stat. 852, which is classified generally to chapter 55
(§ 4321 et seq.) of Title 42, The Public Health and Wel-
fare. For complete classification of this Act to the
Code, see Short Title note set out under section 4321 of
Title 42 and Tables.
CODIFICATION
Section was enacted as part of the Water Resources
Development Act of 2020, 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 sec-
tion 2 of div. AA of Pub. L. 116–260, set out as a note
under section 2201 of this title.
§ 2326. Regional sediment management
(a) In general
(1) Sediment use
(A) Sediment from Federal water resources
projects
For sediment obtained through or used in
the construction, operation, or maintenance
of an authorized Federal water resources
project, including a project authorized for
flood control, the Secretary shall develop, at
Federal expense, regional sediment manage-
ment plans and carry out projects at loca-
tions identified in plans developed under this
section, or identified jointly by the non-Fed-
eral interest and the Secretary, for use in
the construction, repair, modification, or re-
habilitation of projects, including projects
for the beneficial use of dredged materials
described in sec
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 2326
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