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- spect to Alaska, Hawaii, and the territories and possessions of the United States, $10,000,000, to remain available until expended. (Pub. L. 104–303, title V, § 516, Oct. 12, 1996, 110 Stat. 3763; Pub. L. 106–541, title V, § 505, Dec. 11, 2000, 114 Stat. 2645; Pub. L. 110–114, title V, § 5013, Nov. 8, 2007, 121 Stat. 1195; Pub. L. 116–260, div. AA, title I, § 148, Dec. 27, 2020, 134 Stat. 2656.) Editorial Notes CODIFICATION Section was enacted as part of the Water Resources Development Act of 1996, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. AMENDMENTS 2020—Subsecs. (g), (h). Pub. L. 116–260, § 148(1), (2), added subsec. (g) and redesignated former subsec. (g) as (h). Subsec. (h)(3). Pub. L. 116–260, § 148(3), added par. (3). 2007—Subsec. (g)(2). Pub. L. 110–114 substituted ‘‘through 2012’’ for ‘‘through 2006’’. 2000—Subsec. (e)(3). Pub. L. 106–541, § 505(1), added par. (3). Subsec. (g). Pub. L. 106–541, § 505(2), designated exist- ing provisions as par. (1), inserted heading, realigned margins, and added par. (2). Statutory Notes and Related Subsidiaries DREDGED MATERIAL MANAGEMENT PLANS Pub. L. 115–270, title I, § 1116, Oct. 23, 2018, 132 Stat. 3776, provided that: ‘‘(a) IN GENERAL.—For purposes of dredged material management plans initiated after the date of enact- ment of this Act [Oct. 23, 2018], the Secretary [of the Army] shall expedite the dredged material manage- ment plan process in order that such plans make max- imum use of existing information, studies, and innova- tive dredged material management practices, and avoid any redundant information collection and studies. ‘‘(b) REPORT.—Not later than 60 days after the date of enactment of this Act, the Secretary shall submit to Congress a report on how the Corps of Engineers in- tends to meet the requirements of subsection (a).’’ NEW YORK-NEW JERSEY HARBOR, NEW YORK AND NEW JERSEY Pub. L. 106–53, title V, § 540, Aug. 17, 1999, 113 Stat. 350, provided that: ‘‘(a) IN GENERAL.—The Secretary shall conduct a study to analyze the economic and environmental ben- efits and costs of potential sediment management and contaminant reduction measures. ‘‘(b) COOPERATIVE AGREEMENTS.—In conducting the study, the Secretary may enter into cooperative agree- ments with non-Federal interests to investigate, de- velop, and support measures for sediment management and reduction of sources of contaminant that affect navigation in the Port of New York-New Jersey and the environmental conditions of the New York-New Jersey Harbor estuary.’’ ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 2 of Pub. L. 104–303, set out as a note under section 2201 of this title. § 2326c. Reservoir sediment (a) In general Not later than 180 days after October 23, 2018, and after providing public notice, the Secretary shall, using available funds, accept services pro- vided by a non-Federal interest or commercial entity for removal of sediment captured behind a dam owned or operated by the United States and under the jurisdiction of the Secretary for the purpose of restoring the authorized storage capacity of the project concerned. (b) Requirements In carrying out this section, the Secretary shall— (1) review the services of the non-Federal in- terest or commercial entity to ensure that the services are consistent with the authorized purposes of the project concerned; (2) ensure that the non-Federal interest or commercial entity will indemnify the United States for, or has entered into an agreement approved by the Secretary to address, any ad- verse impact to the dam as a result of such services; and (3) require the non-Federal interest or com- mercial entity, prior to initiating the services Page 823 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2326e and upon completion of the services, to con- duct sediment surveys to determine the pre- and post-services sediment profile and sedi- ment quality. (c) Limitation (1) In general The Secretary may not accept services under subsection (a) if the Secretary, after consultation with the Chief of Engineers, de- termines that accepting the services is not ad- vantageous to the United States. (2) Report to Congress If the Secretary makes a determination under paragraph (1), the Secretary shall pro- vide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Pub- lic Works of the Senate written notice describ- ing the reasoning for the determination. (d) Disposition of removed sediment In exchange for providing services under sub- section (a), a non-Federal interest or commer- cial entity is authorized to retain, use, recycle, sell, or otherwise dispose of any sediment re- moved in connection with the services and the Corps of Engineers may not seek any compensa- tion for the value of the sediment. (e) Congressional notification Prior to accepting services provided by a non- Federal interest or commercial entity under this section, the Secretary shall provide to the Committee on Transportation and Infrastruc- ture of the House of Representatives and the Committee on Environment and Public Works of the Senate written notice of the acceptance of the services. (f) Report to Congress Not later than 3 years after October 23, 2018, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infra- structure of the House of Representatives a re- port describing the results of the program under this section. (Pub. L. 106–541, title II, § 215, Dec. 11, 2000, 114 Stat. 2594; Pub. L. 114–322, title I, § 1115(a), Dec. 16, 2016, 130 Stat. 1638; Pub. L. 115–270, title I, § 1146, Oct. 23, 2018, 132 Stat. 3786.) Editorial Notes CODIFICATION Section was enacted as part of the Water Resources Development Act of 2000, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. AMENDMENTS 2018—Subsec. (a). Pub. L. 115–270, § 1146(1), substituted ‘‘October 23, 2018’’ for ‘‘December 16, 2016’’ and ‘‘shall, using available funds, accept’’ for ‘‘shall establish, using available funds, a pilot program to accept’’. Subsec. (b)(4). Pub. L. 115–270, § 1146(2), struck out par. (4) which read as follows: ‘‘limit the number of dams for which services are accepted to 10.’’ Subsec. (f). Pub. L. 115–270, § 1146(3), added subsec. (f) and struck out former subsec. (f). Prior to amendment, text read as follows: ‘‘Upon completion of services at the 10 dams allowed under subsection (b)(4), the Sec- retary shall make publicly available and submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Envi- ronment and Public Works of the Senate a report docu- menting the results of the services.’’ 2016—Pub. L. 114–322 amended section generally. Prior to amendment, section related to a program for direct marketing of dredged material and a pilot program for dredged material recycling. Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 2 of Pub. L. 106–541, set out as a note under section 2201 of this title. § 2326d. Alternative projects to maintenance dredging The Secretary may enter into agreements to assume the operation and maintenance costs of an alternative project to maintenance dredging for a Federal navigation channel if the costs of the operation and maintenance of the alter- native project, and any remaining costs nec- essary for maintaining the Federal navigation channel, are less than the costs of maintaining such channel without the alternative project. (Pub. L. 114–322, title I, § 1106, Dec. 16, 2016, 130 Stat. 1634.) Editorial Notes CODIFICATION 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. 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. § 2326e. Non-Federal interest dredging authority (a) In general The Secretary may permit a non-Federal in- terest to carry out, for an authorized navigation project (or a separable element of an authorized navigation project), such maintenance activities as are necessary to ensure that the project is maintained to not less than the minimum project dimensions. (b) Cost limitations Except as provided in this section and subject to the availability of appropriations, the costs incurred by a non-Federal interest in performing the maintenance activities described in sub- section (a) shall be eligible for reimbursement, not to exceed an amount that is equal to the es- timated Federal cost for the performance of the maintenance activities, with any reimburse- ment subject to the non-Federal interest com- plying with all Federal laws and regulations that would apply to such maintenance activities if carried out by the Secretary.