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33 U.S.C. § 2326c — Regional sediment management

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

33 U.S.C. § 2326c — Regional sediment management

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Stable record: federal_law:legal_authorities:record_usc_cc275d76fec5fdc3e258ff49
Source file: Laws/federal/codes/united-states-code/title-33/section-2326c-regional-sediment-management--672ecf4584.md
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Source location: Title 33, Chapter 36, § 2326c; chapter-036-water-resources-development.md

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**(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, 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** — 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. **(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* — 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. (B) *Cost sharing* (i) *In general* — Except as provided in clause (ii), the non-Federal share of the construction cost of a project under this section shall be determined as provided in subsections (a) through (d) of [section 2213 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2213&num=0&edition=prelim). (ii) *Special rule* — 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. (C) *Total cost* — The total Federal costs associated with construction of a project under this section may not exceed $15,000,000. (2) **Operation, maintenance, replacement, and rehabilitation costs** — Operation, maintenance, replacement, and rehabilitation costs associated with a project under this section are the responsibility of the non-Federal interest. **(d) Selection of dredged material disposal method for purposes related to environmental restoration or storm damage and flood reduction** (1) **In general** — At the request of the non-Federal interest for a water resources development project involving the disposal of dredged material, the Secretary, using funds appropriated for construction or operation and maintenance of the project, may select a disposal method that is not the least cost option if the Secretary determines that the incremental costs of the disposal method are reasonable in relation to— (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** — The Federal share of such incremental costs shall be determined in accordance with subsection (c). (3) **Special rule** — 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. (4) **Disposal at non-Federal cost** — The Secretary may accept funds from a non-Federal interest to dispose of dredged material as provided under [section 2213(d)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2213/d/1&num=0&edition=prelim). (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 22 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. (12) Osceola County, Florida. **(g) Authorization of appropriations** There is authorized to be appropriated to carry out this section $62,500,000 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.

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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. § 2326i — Maintenance dredging data

**(a) In general** The Secretary shall establish, maintain, and make publicly available a database on maintenance dredging carried out by the Secretary, which shall include information on maintenance dredging carried out by Federal and non-Federal vessels. **(b) Scope** The Secretary shall include in the database maintained under subsection (a), for each maintenance dredging project and contract, estimated and actual data on— (1) the volume of dredged material removed; (2) the initial cost estimate of the Corps of Engineers; (3) the total cost, including a separate line item for all Federal costs associated with the disposal of dredged material; (4) the party and vessel carrying out the work; and (5) the number of private contractor bids received and the bid amounts, including bids that did not win the final contract award.

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

33 U.S.C. § 2213 — Harbors

**(a) Construction** (1) **Payments during construction** — The non-Federal interests for a navigation project for a harbor or inland harbor, or any separable element thereof, on which a contract for physical construction has not been awarded before June 10, 2014, shall pay, during the period of construction of the project, the following costs associated with general navigation features: (A) 10 percent of the cost of construction of the portion of the project which has a depth not in excess of 20 feet; plus (B) 25 percent of the cost of construction of the portion of the project which has a depth in excess of 20 feet but not in excess of 55 feet; plus (C) 50 percent of the cost of construction of the portion of the project which has a depth in excess of 55 feet. (2) **Additional 10 percent payment over 30 years** — The non-Federal interests for a project to which paragraph (1) applies shall pay an additional 10 percent of the cost of the general navigation features of the project in cash over a period not to exceed 30 years, at an interest rate determined pursuant to [section 2216 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2216&num=0&edition=prelim). The value of lands, easements, rights-of-way, and relocations provided under paragraph (3) and the costs of relocations borne by the non-Federal interests under paragraph (4) shall be credited toward the payment required under this paragraph. (3) **Lands, easements, and rights-of-way** — Except as provided under [section 2283(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2283/c&num=0&edition=prelim), the non-Federal interests for a project to which paragraph (1) applies shall provide the lands, easements, rights-of-wa

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

42 U.S.C. § 1962d–5b — Delegation of functions

The Council is authorized to delegate to any member or employee of the Council its administrative functions under [section 1962a–4 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1962a-4&num=0&edition=prelim) and the detailed administration of the grant program under subchapter III.

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

33 U.S.C. § 1804 — Inland and intracoastal waterways of the United States

For purposes of [section 4042 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section4042&num=0&edition=prelim) (relating to tax on fuel used in commercial transportation on inland waterways) and for purposes of section 1802 11 See References in Text note below. of this title, the following inland and intracoastal waterways of the United States are described in this section: (1) Alabama-Coosa Rivers: From junction with the Tombigbee River at river mile (hereinafter referred to as RM) 0 to junction with Coosa River at RM 314. (2) Allegheny River: From confluence with the Monongahela River to form the Ohio River at RM 0 to the head of the existing project at East Brady, Pennsylvania, RM 72. (3) Apalachicola-Chattahoochee and Flint Rivers: Apalachicola River from mouth at Apalachicola Bay (intersection with the Gulf Intracoastal Waterway) RM 0 to junction with Chattachoochee 22 So in original. Probably should be “Chattahoochee”. and Flint Rivers at RM 107.8. Chattachoochee 2 River from junction with Apalachicola and Flint Rivers at RM 0 to Columbus, Georgia, at RM 155 and Flint River, from junction with Apalachicola and Chattahoochee Rivers at RM 0 to Bainbridge, Georgia, at RM 28. (4) Arkansas River (McClellan-Kerr Arkansas River Navigation System): From junction with Mississippi River at RM 0 to port of Catoosa, Oklahoma, at RM 448.2. (5) Atchafalaya River: From RM 0 at its intersection with the Gulf Intracoastal Waterway at Morgan City, Louisiana, upstream to junction with Red River at RM 116.8. (6) Atlantic Intracoastal Waterway: Two inland water routes approximately paralleling the Atlantic coast between Norfolk, Virginia, and Miami, Florida, for 1,192 miles via both the Albermarle 33 So in original. Probably should be “Albemarl

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

33 U.S.C. § 2326 — Regional sediment management

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

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

33 U.S.C. § 2326c — Reservoir sediment

Page 822 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2326c river systems depositing sediment into a Great Lakes federally authorized commercial harbor, channel maintenance project site, or Area of Concern identified under the Great Lakes Water Quality Agreement of 1978. Such model may be developed as a part of a strategy developed under subsection (a). (2) Requirements for models In developing a tributary sediment transport model under this subsection, the Secretary shall build on data and monitoring informa- tion generated in earlier studies and programs of the Great Lakes and their tributaries. (3) Report Not later than December 31, 2003, the Sec- retary shall transmit to Congress a report on the Secretary’s activities under this sub- section. (f) ‘‘Great Lakes States’’ defined In this section, the term ‘‘Great Lakes States’’ means the States of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin. (g) Coastal mapping The Secretary shall develop and carry out a plan for the recurring mapping of coastlines that are experiencing rapid change, including such coastlines in— (1) Alaska; (2) Hawaii; and (3) any territory or possession of the United States. (h) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary to carry out this section $5,000,000 for each of fiscal years 1998 through 2001. (2) Great Lakes tributary model In addition to amounts made available under paragraph (1), there is authorized to be appro- priated to carry out subsection (e) $5,000,000 for each of fiscal years 2002 through 2012. (3) Coastal mapping In addition to amounts made available under paragraph (1), there is authorized to be appro- priated to carry out subsection (g) with re-

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