33 U.S.C. § 2326d — Alternative projects to maintenance

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.