33 U.S.C. § 2326 — Regional sediment management

(a) The Secretary must, at Federal expense, develop regional sediment-management plans and carry out projects identified in those plans or jointly identified with the non-Federal interest. The projects may use sediment from authorized Federal water-resources projects, including flood-control projects, to construct, repair, modify, or rehabilitate related projects, including beneficial dredged-material projects described in section 1122 of the Water Resources Development Act of 2016. The Secretary may also include sediment from other Federal or non-Federal sources, but non-Federal sediment cannot be obtained at Federal expense. Plans must be developed with appropriate Federal, State, regional, and local agencies. Sediment may be used to reduce storm damage; protect, restore, or create aquatic and related habitats, including wetlands; and improve marsh and littoral conditions, stabilize streams, improve shorelines, and support State and local risk-adaptation strategies. To reduce Federal cost, the Secretary must consider beneficial use that helps maintain nearby coastal sediment resources.

(b) Subject to (c), a project may proceed if the Secretary finds that its monetary and nonmonetary environmental, economic, and social benefits justify its cost and that it will not degrade the environment.

(c)(1)(A) Construction costs are limited to costs above the cost of doing the needed dredging for the authorized Federal project in the most cost-effective way consistent with economic, engineering, and environmental criteria. (B)(i) The non-Federal share follows section 2213(a)-(d). (ii) Habitat construction costing no more than $750,000 and located in a Secretary-designated disadvantaged community may be paid entirely by the Federal Government. (C) Total Federal construction cost may not exceed $15,000,000. (2) The non-Federal interest is responsible for operation, maintenance, replacement, and rehabilitation costs.

(d) At a non-Federal interest’s request, the Secretary may choose a disposal method that is not the cheapest option if its extra cost is reasonable compared with (A) environmental benefits, including wetlands and shoreline-erosion control, or (B) hurricane, storm, or flood-risk benefits, including shoreline protection, life protection, and protection of improved property. Federal sharing of extra costs follows (c). Disposal may be one-time or periodic beneficial sediment placement and does not require operation and maintenance. The Secretary may accept non-Federal funds under section 2213(d)(1). These activities must use construction or operation-and-maintenance appropriations for the disposal project, not subsection (g) funds.

(e) The Secretary may cooperate with States in comprehensive State or regional plans, encourage State participation, and report recommendations on Federal participation. (f) Priority must be given near Little Rock Slackwater Harbor; Fletcher Cove; Egmont Key; Calcasieu Ship Channel; Delaware River Estuary; Fire Island Inlet; Smith Point Park Pavilion and the TWA Flight 800 Memorial; Morehead City; Toledo Harbor; Galveston Bay; Benson Beach; and Osceola County. (g) $62,500,000 per fiscal year is authorized. No more than $5,000,000 may be used for plans under (e), and no more than $3,000,000 for projects under (c)(1)(B)(ii). The funds remain available until spent.