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33 U.S.C. § 2326j — Beneficial use of dredged material; dredged material management plans
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*
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Source file: Laws/federal/codes/united-states-code/title-33/section-2326j-beneficial-use-of-dredged-material-dredged-material-management-plans--2e0d223ff5.md
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Source location: Title 33, Chapter 36, § 2326j; chapter-036-water-resources-development.md
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**(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* — The Secretary shall submit to Congress—
(I) a report detailing the method and all of the factors utilized by the Corps of Engineers to determine the Federal standard referred to in clause (i); and
(II) for each evaluation under subparagraph (A), a report displaying the calculations for economic and environmental benefits and efficiencies from the beneficial use of dredged material (including, where appropriate, the utilization of alternative dredging equipment and dredging disposal methods) considered by the Secretary under such subparagraph for the placement or disposal of such material.
(C) *Omitted*
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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.
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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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Federal law — U.S. Code and appendices · legal_authorities
Page 827
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 2327
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 in-
cludes—
(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 defini-
tion of the term ‘‘Federal standard’’ in section
335.7 of title 33, Code of Federal Regulations.
(h) Redesignated (g)
(i), (j) Omitted
(Pub. L. 114–322, title I, § 1122, Dec. 16, 2016, 130
Stat. 1645; Pub. L. 115–270, title I, § 1130, Oct. 23,
2018, 132 Stat. 3780; Pub. L. 116–260, div. AA, title
I, § 125(b)(1), Dec. 27, 2020, 134 Stat. 2638; Pub. L.
118–272, div. A, title I, § 1130(a), Jan. 4, 2025, 138
Stat. 3018.)
Editorial Notes
CODIFICATION
Section was formerly set out as a note under section
2326 of this title.
Section was enacted as part of the Water Resources
Development Act of 2016, and also as part of the Water
Infrastructure Improvements for the Nation Act, also
known as the WIIN Act, and not as part of the Water
Resources Development Act of 1986 which comprises
this chapter.
Section
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