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33 U.S.C. § 578b — Disposition of projects

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

33 U.S.C. § 578b — Disposition of projects

**(a) In general** In carrying out a disposition study for a project of the Corps of Engineers, or a separable element of such a project, including a disposition study under [section 549a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section549a&num=0&edition=prelim), the Secretary shall consider modifications that would improve the overall quality of the environment in the public interest, including removal of the project or separable element of a project. **(b) Disposition study transparency** The Secretary shall carry out disposition studies described in subsection (a) in a transparent manner, including by— (1) providing opportunities for public input; and (2) publishing the final disposition studies. **(c) Removal of infrastructure** For disposition studies described in subsection (a) in which the Secretary determines that a Federal interest no longer exists, and makes a recommendation of removal of the project or separable element of a project, the Secretary is authorized, using existing authorities, to pursue removal of the project or separable element of a project in partnership with other Federal agencies and non-Federal entities with appropriate capabilities to undertake infrastructure removal.

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Source location: Title 33, Chapter 12, § 578b; chapter-012-river-and-harbor-improvements-generally.md

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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

33 U.S.C. § 549a — Review of navigation, flood control, and water supply projects

The Secretary of the Army, acting through the Chief of Engineers, is authorized to review the operation of projects the construction of which has been completed and which were constructed by the Corps of Engineers in the interest of navigation, flood control, water supply, and related purposes, when found advisable due 11 So in original. Probably should be “due to”. the significantly changed physical or economic conditions, and to report thereon to Congress with recommendations on the advisability of modifying the structures or their operation, and for improving the quality of the environment in the overall public interest.

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

33 U.S.C. § 2326d — Dredged material disposal facility partnerships

**(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

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

33 U.S.C. § 578b — Disposition of projects

Page 139 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 579a § 578a. Disposition studies (a) In general In carrying out a disposition study for a project of the Corps of Engineers, including a disposition study under section 549a of this title or an assessment under section 6002 of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1349), the Sec- retary shall consider the extent to which the property concerned has economic, cultural, his- toric, or recreational significance or impacts at the national, State, or local level. (b) Completion of assessment and inventory Not later than 1 year after December 16, 2016, the Secretary shall complete the assessment and inventory required under section 6002(a) of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1349). (Pub. L. 114–322, title I, § 1165, Dec. 16, 2016, 130 Stat. 1670.) Editorial Notes REFERENCES IN TEXT Section 6002 of the Water Resources Reform and De- velopment Act of 2014, referred to in text, is section 6002 of Pub. L. 113–121, title VI, June 10, 2014, 128 Stat. 1349, which is not classified to the Code. Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 1002 of Pub. L. 114–322, set out as a note under sec- tion 2201 of this title. § 578b. Disposition of projects (a) In general In carrying out a disposition study for a project of the Corps of Engineers, or a separable element of such a project, including a disposi- tion study under section 549a of this title, the Secretary shall consider modifications that would improve the overall quality of the envi- ronment in the public interest, including re- moval of the project or separable element of a p

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