§ 1272. — Environmental dredging.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1272]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I--RESEARCH AND RELATED PROGRAMS
Sec. 1272. Environmental dredging
(a) Operation and maintenance of navigation projects
Whenever necessary to meet the requirements of the Federal Water
Pollution Control Act [33 U.S.C. 1251 et seq.], the Secretary, in
consultation with the Administrator of the Environmental Protection
Agency, may remove and remediate, as part of operation and maintenance
of a navigation project, contaminated sediments outside the boundaries
of and adjacent to the navigation channel.
(b) Nonproject specific
(1) In general
The Secretary may remove and remediate contaminated sediments
from the navigable waters of the United States for the purpose of
environmental enhancement and water quality improvement if such
removal and remediation is requested by a non-Federal sponsor and
the sponsor agrees to pay 35 percent of the cost of such removal and
remediation.
(2) Maximum amount
The Secretary may not expend more than $50,000,000 in a fiscal
year to carry out this subsection.
(c) Joint plan requirement
The Secretary may only remove and remediate contaminated sediments
under subsection (b) of this section in accordance with a joint plan
developed by the Secretary and interested Federal, State, and local
government officials. Such plan must include an opportunity for public
comment, a description of the work to be undertaken, the method to be
used for dredged material disposal, the roles and responsibilities of
the Secretary and non-Federal sponsors, and identification of sources of
funding.
(d) Disposal costs
Costs of disposal of contaminated sediments removed under this
section shall be a \1\ shared as a cost of construction.
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\1\ So in original. The word ``a'' probably should not appear.
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(e) Limitation on statutory construction
Nothing in this section shall be construed to affect the rights and
responsibilities of any person under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 [42 U.S.C. 9601 et
seq.].
(f) Priority work
In carrying out this section, the Secretary shall give priority to
work in the following areas:
(1) Brooklyn Waterfront, New York.
(2) Buffalo Harbor and River, New York.
(3) Ashtabula River, Ohio.
(4) Mahoning River, Ohio.
(5) Lower Fox River, Wisconsin.
(6) Passaic River and Newark Bay, New Jersey.
(7) Snake Creek, Bixby, Oklahoma.
(8) Willamette River, Oregon.
(g) Nonprofit entities
Notwithstanding section 1962d-5b of title 42, for any project
carried out under this section, a non-Federal sponsor may include a
nonprofit entity, with the consent of the affected local government.
(Pub. L. 101-640, title III, Sec. 312, Nov. 28, 1990, 104 Stat. 4639;
Pub. L. 104-303, title II, Sec. 205, Oct. 12, 1996, 110 Stat. 3679; Pub.
L. 106-53, title II, Sec. 224, Aug. 17, 1999, 113 Stat. 297; Pub. L.
106-541, title II, Sec. 210(a), Dec. 11, 2000, 114 Stat. 2592.)
References in Text
The Federal Water Pollution Control Act, referred to in subsec. (a),
is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92-500,
Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to
this chapter (Sec. 1251 et seq.). For complete classification of this
Act to the Code, see Short Title note set out under section 1251 of this
title and Tables.
The Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, referred to in subsec. (e), is Pub. L. 96-510,
Dec. 11, 1980, 94 Stat. 2767, as amended, which is classified
principally to chapter 103 (Sec. 9601 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this Act to the Code,
see Short Title note set out under section 9601 of Title 42 and Tables.
Codification
Section was formerly set out as a note under section 1252 of this
title.
Section was enacted as part of the Water Resources Development Act
of 1990, and not as part of the Federal Water Pollution Control Act
which comprises this chapter.
Amendments
2000--Subsec. (g). Pub. L. 106-541 added subsec. (g).
1999--Subsec. (b)(1). Pub. L. 106-53, Sec. 224(1)(A), substituted
``35 percent'' for ``50 percent''.
Subsec. (b)(2). Pub. L. 106-53, Sec. 224(1)(B), substituted
``$50,000,000'' for ``$20,000,000''.
Subsec. (d). Pub. L. 106-53, Sec. 224(2), substituted ``shared as a
cost of construction'' for ``non-Federal responsibility''.
Subsec. (f)(6) to (8). Pub. L. 106-53, Sec. 224(3), added pars. (6)
to (8).
1996--Subsec. (a). Pub. L. 104-303, Sec. 205(1), inserted ``and
remediate'' after ``remove''.
Subsec. (b)(1). Pub. L. 104-303, Sec. 205(1), (2)(A), inserted ``and
remediate'' after ``remove'' and inserted ``and remediation'' after
``removal'' in two places.
Subsec. (b)(2). Pub. L. 104-303, Sec. 205(2)(B), substituted
``$20,000,000'' for ``$10,000,000''.
Subsec. (c). Pub. L. 104-303, Sec. 205(1), inserted ``and
remediate'' after ``remove''.
Subsec. (f). Pub. L. 104-303, Sec. 205(3), added subsec. (f) and
struck out heading and text of former subsec. (f). Text read as follows:
``This section shall not be effective after the last day of the 5-year
period beginning on November 28, 1990; except that the Secretary may
complete any project commenced under this section on or before such last
day.''
