§ 2317. — Wetlands.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2317]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 36--WATER RESOURCES DEVELOPMENT
SUBCHAPTER V--GENERAL PROVISIONS
Sec. 2317. Wetlands
(a) Goals and action plan
(1) Goals
There is established, as part of the Corps of Engineers water
resources development program, an interim goal of no overall net
loss of the Nation's remaining wetlands base, as defined by acreage
and function, and a long-term goal to increase the quality and
quantity of the Nation's wetlands, as defined by acreage and
function.
(2) Use of authorities
The Secretary shall utilize all appropriate authorities,
including those to restore and create wetlands, in meeting the
interim and long-term goals.
(3) Action plan
(A) Development
The Secretary shall develop, in consultation with the
Environmental Protection Agency, the Fish and Wildlife Service,
and other appropriate Federal agencies, a wetlands action plan
to achieve the goals established by this subsection as soon as
possible.
(B) Contents
The plan shall include and identify actions to be taken by
the Secretary in achieving the goals and any new authorities
which may be necessary to accelerate attainment of the goals.
(C) Completion deadline
The Secretary shall complete the plan not later than 1 year
after November 28, 1990.
(b) Constructed wetlands for Mud Creek, Arkansas
Notwithstanding any other provision of law, the Secretary is
authorized and directed to establish and carry out a research and pilot
project to evaluate and demonstrate--
(1) the use of constructed wetlands for wastewater treatment,
and
(2) methods by which such projects contribute--
(A) to meeting the objective of the Federal Water Pollution
Control Act [33 U.S.C. 1251 et seq.] to restore and maintain the
physical, chemical, and biological integrity of the Nation's
waters, and
(B) to attaining the goals established by subsection (a) of
this section.
The project under this subsection shall be carried out to improve the
quality of effluent discharged from publicly owned treatment works
operated by the city of Fayetteville, Arkansas, into Mud Creek or its
tributaries.
(c) Non-Federal responsibilities
For the project conducted under subsection (b) of this section, the
non-Federal interest shall agree--
(1) to provide, without cost to the United States, all lands,
easements, rights-of-way, relocations, and dredged material disposal
areas necessary for construction and subsequent research and
demonstration work;
(2) to hold and save the United States free from damages due to
construction, operation, and maintenance of the project, except
damages due to the fault or negligence of the United States or its
contractors; and
(3) to operate and maintain the restored or constructed wetlands
in accordance with good management practices; except that nothing in
this paragraph shall be construed as precluding a Federal agency
from agreeing to operate and maintain the restored or reconstructed
wetlands.
The value of the non-Federal lands, easements, rights-of-way,
relocations, and dredged material disposal areas provided by the non-
Federal interest shall be credited toward the non-Federal share of
project design and construction costs. The non-Federal share of project
design and construction costs shall be 25 percent.
(d) Wetlands restoration and enhancement demonstration program
(1) Establishment and implementation
The Secretary, in consultation with the Administrator, is
authorized to establish and implement a demonstration program for
the purpose of determining the feasibility of wetlands restoration,
enhancement, and creation as a means of contributing to the goals
established by subsection (a) of this section.
(2) Goal
The goal of the program under this subsection shall be to
establish a limited number of demonstration wetlands restoration,
enhancement, and creation areas in districts of the Corps of
Engineers for the purpose of evaluating the technical and scientific
long-term feasibility of such areas as a means of contributing to
the attainment of the goals established by subsection (a) of this
section. Federal and State land-owning agencies and private parties
may contribute to such areas.
(3) Factors to consider
In establishing the demonstration program under this subsection,
the Secretary shall consider--
(A) past experience with wetlands restoration, enhancement,
and creation;
(B) the appropriate means of measuring benefits of
compensatory mitigation activities, including enhancement or
restoration of existing wetlands or creation of wetlands;
(C) the appropriate geographic scope for which wetlands loss
may be offset by restoration, enhancement, and creation efforts;
(D) the technical feasibility and scientific likelihood that
wetlands can be successfully restored, enhanced, and created;
(E) means of establishing liability for, and long-term
ownership of, wetlands restoration, enhancement, and creation
areas; and
(F) responsibilities for short- and long-term project
monitoring.
(4) Reporting
(A) To the Chief of Engineers
The district engineer for each district of the Corps of
Engineers in which a wetlands restoration, enhancement, and
creation area is established under this subsection shall
transmit annual reports to the Chief of Engineers describing the
amount and value of wetlands restored, enhanced, and created for
the area and a summary of whether the area is contributing to
the goal established in paragraph (2).
(B) To Congress
Not later than 3 years after November 28, 1990, the
Secretary shall transmit to Congress a report evaluating the use
of wetlands restoration, enhancement, and creation areas in
fulfilling the goal established by paragraph (2), together with
recommendations on whether or not to continue use of such areas
as a means of meeting the goals established by subsection (a) of
this section.
(5) Effect on other laws
Nothing in this subsection affects any requirements under
section 404 of the Federal Water Pollution Control Act (33 U.S.C.
1344) or section 403 of this title.
(e) Training and certification of delineators
(1) In general
The Secretary is authorized to establish a program for the
training and certification of individuals as wetlands delineators.
As part of such program, the Secretary shall carry out demonstration
projects in districts of the Corps of Engineers. The program shall
include training and certification of delineators and procedures for
expediting consideration and acceptance of delineations performed by
certified delineators.
(2) Reports
The Secretary shall transmit to Congress periodic reports
concerning the status of the program and any recommendations on
improving the content and implementation of the Federal Manual for
Identifying and Delineating Jurisdictional Wetlands.
(Pub. L. 101-640, title III, Sec. 307, Nov. 28, 1990, 104 Stat. 4635.)
References in Text
The Federal Water Pollution Control Act, referred to in subsec.
(b)(2)(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 chapter 26 (Sec. 1251 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 1251 of this title and Tables.
Codification
Section was enacted as part of the Water Resources Development Act
of 1990, and not as part of the Water Resources Development Act of 1986
which comprises this chapter.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law
requiring submittal to Congress of any annual, semiannual, or other
regular periodic report listed in House Document No. 103-7 (in which a
report required under subsec. (e)(2) of this section is listed on page
70), see section 3003 of Pub. L. 104-66, as amended, set out as a note
under section 1113 of Title 31, Money and Finance.
Wetlands Enhancement Opportunities
Section 409 of Pub. L. 101-640 provided that: ``Not later than
January 20, 1992, the Secretary shall transmit to Congress a list which
specifically identifies opportunities of enhancing wetlands in
connection with construction and operation of water resource projects.''
``Secretary'' Defined
Secretary means the Secretary of the Army, see section 2 of Pub. L.
101-640, set out as a note under section 2201 of this title.
