§ 2326. — Beneficial uses of dredged material.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2326]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 36--WATER RESOURCES DEVELOPMENT
SUBCHAPTER V--GENERAL PROVISIONS
Sec. 2326. Beneficial uses of dredged material
(a) In general
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.
(b) Secretarial findings
Subject to subsection (c) of this section, projects for the
protection, restoration, or creation of aquatic and ecologically related
habitats may be undertaken in any case where the Secretary finds that--
(1) the environmental, economic, and social benefits of the
project, both monetary and nonmonetary, justify the cost thereof;
and
(2) the project would not result in environmental degradation.
(c) Cooperative agreement
Any project undertaken pursuant to this section shall be initiated
only after non-Federal interests have entered into a binding agreement
with the Secretary 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.
(d) Determination of construction costs
Costs associated with construction of a project for the protection,
restoration, and creation of aquatic and ecologically related habitats
shall be limited solely to construction costs which are in excess of
those costs necessary to carry out the dredging for construction,
operation, or maintenance of the authorized navigation project in the
most cost effective way, consistent with economic, engineering, and
environmental criteria.
(e) Selection of dredged material disposal method
In developing and carrying out a project for navigation involving
the disposal of dredged material, the Secretary may select, with the
consent of the non-Federal interest, a disposal method that is not the
least-cost option if the Secretary determines that the incremental costs
of such disposal method are reasonable in relation to the environmental
benefits, including the benefits to the aquatic environment to be
derived from the creation of wetlands and control of shoreline erosion.
The Federal share of such incremental costs shall be determined in
accordance with subsection (c) of this section.
(f) Authorization of appropriations
There is authorized to be appropriated not to exceed $15,000,000
annually to carry out this section. Such sums shall remain available
until expended.
(g) Nonprofit entities
Notwithstanding section 1962d-5b of title 42, for any project
carried out under this section, a non-Federal interest may include a
nonprofit entity, with the consent of the affected local government.
(Pub. L. 102-580, title II, Sec. 204, Oct. 31, 1992, 106 Stat. 4826;
Pub. L. 104-303, title II, Sec. 207, Oct. 12, 1996, 110 Stat. 3680; Pub.
L. 106-53, title II, Sec. 209, Aug. 17, 1999, 113 Stat. 287.)
Codification
Section was enacted as part of the Water Resources Development Act
of 1992, and not as part of the Water Resources Development Act of 1986
which comprises this chapter.
Amendments
1999--Subsec. (c). Pub. L. 106-53, Sec. 209(1), in introductory
provisions, substituted ``binding agreement with the Secretary'' for
``cooperative agreement in accordance with the requirements of section
1962d-5b of title 42''.
Subsec. (g). Pub. L. 106-53, Sec. 209(2), added subsec. (g).
1996--Subsecs. (e), (f). Pub. L. 104-303 added subsec. (e) and
redesignated former subsec. (e) as (f).
``Secretary'' Defined
Secretary means the Secretary of the Army, see section 3 of Pub. L.
102-580, set out as a note under section 2201 of this title.
Section Referred to in Other Sections
This section is referred to in section 2326a of this title.
