33 U.S.C. § 2326
Section 2326 · Regional sediment management
Current version, with additions and removals from the November 8, 2007 version.
(1) Sediment use
(1) Sediment use
(A) Sediment from Federal water resources projects
(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
(2) Cooperation
The Secretary shall develop plans under this subsection in cooperation with the appropriate Federal, State, regional, and local agencies.
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
(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—
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;
(A) to reduce storm damage to property;
(B) to protect, restore, and create aquatic and ecologically related habitats, including wetlands; and
(B) to protect, restore, and create aquatic and ecologically related habitats, including wetlands; and
(C) to transport and place suitable sediment.
(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.
Subject to subsection (c), projects carried out under subsection (a) may be carried out in any case in which the Secretary finds that—
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
(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.
(2) the project will not result in environmental degradation.
(1) Costs of construction
(1) Costs of construction
(A) In general
(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.
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
(B) Cost sharing
(i) In general
(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.
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
(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.
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
(C) Total cost
(2) Operation, maintenance, replacement, and rehabilitation costs
(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.
Operation, maintenance, replacement, and rehabilitation costs associated with a project under this section are the responsibility of the non-Federal interest.
(1) In general
(1) In general
(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
(2) Federal share
The Federal share of such incremental costs shall be determined in accordance with subsection (c).
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—
The Secretary may—
(2) encourage State participation in the implementation of the plan; and
(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.
(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:
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.
(1) Little Rock Slackwater Harbor, Arkansas.
(2) Fletcher Cove, California.
(2) Fletcher Cove, California.
(3) Egmont Key, Florida.
(3) Egmont Key, Florida.
(4) Calcasieu Ship Channel, Louisiana.
(4) Calcasieu Ship Channel, Louisiana.
(5) Delaware River Estuary, New Jersey and Pennsylvania.
(5) Delaware River Estuary, New Jersey and Pennsylvania.
(6) Fire Island Inlet, Suffolk County, New York.
(6) Fire Island Inlet, Suffolk County, New York.
(7) Smith Point Park Pavilion and the TWA Flight 800 Memorial, Brookhaven, New York.
(7) Smith Point Park Pavilion and the TWA Flight 800 Memorial, Brookhaven, New York.
(8) Morehead City, North Carolina.
(8) Morehead City, North Carolina.
(9) Toledo Harbor, Lucas County, Ohio.
(9) Toledo Harbor, Lucas County, Ohio.
(10) Galveston Bay, Texas.
(10) Galveston Bay, Texas.
(11) Benson Beach, Washington.
(11) Benson Beach, Washington.
(12) Osceola County, Florida.