33 U.S.C. § 2326g — Beneficial use of dredged material; dredged material management plans
submitted 6 years ago by Pub. L. 116-260 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 348 words · no verdicts yet
This section states a national policy and goal for beneficial use of suitable dredged material from water-resources development projects. It requires the Secretary to consider specified benefits and impacts, include certain benefits in Federal-standard determinations, and report the required methods and calculations to Congress.
(a) National policy on the beneficial use of dredged material. (1) (A) It is United States policy for the Corps of Engineers to maximize, in an environmentally acceptable way, the beneficial use of suitable dredged material from construction, operation, and maintenance of water-resources development projects. (B) To the greatest extent practicable, the Secretary must ensure that at least 70 percent by volume, measured in cubic yards, of that suitable material is used beneficially. (2) (A) When evaluating placement of the material, the Secretary must consider its suitability for the full range of beneficial uses and the economic and environmental benefits, efficiencies, and impacts, including effects on living coral. For beneficial-use activities involving more than one project, the Secretary must also consider the benefits, efficiencies, and impacts of the combined activities. (B) (i) The economic benefits and efficiencies considered under (A) must be included in any determination about the “Federal standard” under section 335.7 of title 33, Code of Federal Regulations, for placing or disposing of the material. (ii) The Secretary must report to Congress (I) the method and every factor the Corps of Engineers used to determine that Federal standard; and (II) for each evaluation under (A), calculations showing the economic and environmental benefits and efficiencies from beneficial use, including, when appropriate, alternative dredging equipment and disposal methods. (C) Omitted.
Terms such as “suitable,” “beneficial use,” and “Federal standard” are used but this section does not define them.
It is the policy of the United States for the Corps of Engineers to maximize the beneficial use, in an environmentally acceptable manner, of suitable dredged material obtained from the construction or operation and maintenance of water resources development projects.
To the greatest extent practicable, the Secretary shall ensure that not less than 70 percent by volume (as measured in cubic yards) of suitable dredged material obtained from the construction or operation and maintenance of water resources development projects is used beneficially.
In evaluating the placement of dredged material obtained from the construction or operation and maintenance of water resources development projects, the Secretary shall consider—
the suitability of the dredged material for a full range of beneficial uses; and
the economic and environmental benefits, efficiencies, and impacts (including the effects on living coral) of using the dredged material for beneficial uses, including, in the case of beneficial use activities that involve more than one water resources development project, the benefits, efficiencies, and impacts that result from the combined activities.
The economic benefits and efficiencies from the beneficial use of dredged material considered by the Secretary under subparagraph (A) shall be included in any determination relating to the “Federal standard” by the Secretary under section 335.7 of title 33, Code of Federal Regulations, for the placement or disposal of such material.
The Secretary shall submit to Congress—
a report detailing the method and all of the factors utilized by the Corps of Engineers to determine the Federal standard referred to in clause (i); and
for each evaluation under subparagraph (A), a report displaying the calculations for economic and environmental benefits and efficiencies from the beneficial use of dredged material (including, where appropriate, the utilization of alternative dredging equipment and dredging disposal methods) considered by the Secretary under such subparagraph for the placement or disposal of such material.
Source credit: (Pub. L. 116–260, div. AA, title I, § 125(a), Dec. 27, 2020, 134 Stat. 2636; Pub. L. 118–272, div. A, title I, § 1130(c), Jan. 4, 2025, 138 Stat. 3019.)
- 2020Enacted · Pub. L. 116-260 · 134 Stat. 2636
- 2025Amended · Pub. L. 118-272 · 138 Stat. 3019
A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-260 on 2020-12-27.
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