33 U.S.C. § 2326
Section 2326 · Regional sediment management
Current version, with additions and removals from the October 31, 1992 version.
The Secretary is authorized to carry out projects for the protection, restoration, and creation of aquatic and ecologically related habitats, including wetlands, in connection with dredging for construction, operation, or maintenance by the Secretary of an authorized navigation project.
(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 note),1 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.
Any project undertaken pursuant to this section shall be initiated only after non-Federal interests have entered into a cooperative agreement in accordance with the requirements of section 1962d–5b of title 42 in which the non-Federal interests agree to—
(1) provide 25 percent of the cost associated with construction of the project for the protection, restoration, and creation of aquatic and ecologically related habitats, including provision of all lands, easements, rights-of-way, and necessary relocations; and
(2) pay 100 percent of the operation, maintenance, replacement, and rehabilitation costs associated with the project for the protection, restoration, and creation of aquatic and ecologically related habitats.
(1) Costs of construction
(A) In general
(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.
(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.
(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.
(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 2 out using amounts made available under subsection (g).
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.
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.