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33 U.S.C. § 2326h — Five-year regional dredged material management plans

submitted 6 years ago by Pub. L. 116-260 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 464 words · no verdicts yet

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This section requires qualifying Corps District Commanders to prepare and submit five-year dredged-material management plans each year at Federal expense. It specifies what each plan must cover, requires public participation and public availability, and requires the Secretary to transmit the plans to Congress.

(1) In general. No later than one year after December 27, 2020, and annually thereafter, the District Commander of each Corps of Engineers district that obtains dredged material through the construction or operation and maintenance of a water-resources development project must, at Federal expense and in coordination with relevant State agencies and stakeholders, develop and submit to the Secretary a five-year dredged-material management plan. (2) Scope. Each plan must include (A) a dredged-material budget for each watershed or littoral system in the district; (B) an estimate of the amount of material likely to be obtained through construction, operation, or maintenance of all water-resources development projects expected in the district during the five years after submission, and when it is expected to be obtained; (C) potential projects expected in the district during those five years that are suitable for or require placement of dredged material, and the estimated placement capacity of those projects; (D) an evaluation of (i) the material's suitability for the full range of beneficial uses and (ii) the economic and environmental benefits, efficiencies, and impacts, including effects on living coral, of using it beneficially, including combined benefits, efficiencies, and impacts when activities involve more than one project; (E) district-wide beneficial-use goals, including expected cost savings from aligning and coordinating multiple projects, including projects across Corps districts; and (F) potential beneficial-use projects identified through stakeholder solicitation and coordination. (3) Public comment. In developing each plan, the District Commander must give notice and an opportunity for public comment, including asking stakeholders to identify beneficial-use projects, to ensure, as far as practicable, that beneficial use is not forgone in a particular fiscal year or dredging cycle. (4) Public availability. When submitting each plan to the Secretary, the District Commander must make it publicly available, including on a public website. (5) Transmission to Congress. As soon as practicable after receiving a plan under subsection (a), the Secretary must transmit it to Congress. (6) Regional sediment management plans. A plan under this section (A) is in addition to regional sediment-management plans under section 2326(a) and (B) is not subject to the limitations in section 2326(g).

“Littoral system” is used but this section does not define it.

the actual law source: uscode.house.gov ↗public domain
(1) In general

Not later than 1 year after December 27, 2020, and annually thereafter, the District Commander of each district of the Corps of Engineers that obtains dredged material through the construction or operation and maintenance of a water resources development project shall, at Federal expense, develop and submit to the Secretary a 5-year dredged material management plan in coordination with relevant State agencies and stakeholders.

(2) Scope

Each plan developed under this subsection shall include—

(A)

a dredged material budget for each watershed or littoral system within the district;

(B)

an estimate of the amount of dredged material likely to be obtained through the construction or operation and maintenance of all water resources development projects projected to be carried out within the district during the 5-year period following submission of the plan, and the estimated timing for obtaining such dredged material;

(C)

an identification of potential water resources development projects projected to be carried out within the district during such 5-year period that are suitable for, or that require, the placement of dredged material, and an estimate of the amount of dredged material placement capacity of such projects;

(D)

an evaluation of—

(i)

the suitability of the dredged material for a full range of beneficial uses; and

(ii)

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;

(E)

the district-wide goals for beneficial use of the dredged material, including any expected cost savings from aligning and coordinating multiple projects (including projects across Corps districts) in the use of the dredged material; and

(F)

a description of potential beneficial use projects identified through stakeholder solicitation and coordination.

(3) Public comment

In developing each plan under this subsection, each District Commander shall provide notice and an opportunity for public comment, including a solicitation for stakeholders to identify beneficial use projects, in order to ensure, to the extent practicable, that beneficial use of dredged material is not foregone in a particular fiscal year or dredging cycle.

(4) Public availability

Upon submission of each plan to the Secretary under this subsection, each District Commander shall make the plan publicly available, including on a publicly available website.

(5) Transmission to Congress

As soon as practicable after receiving a plan under subsection (a), the Secretary shall transmit the plan to Congress.

(6) Regional sediment management plans

A plan developed under this section—

(A)

shall be in addition to regional sediment management plans prepared under section 2326(a) of this title; and

(B)

shall not be subject to the limitations in section 2326(g) of this title.

Source credit: (Pub. L. 116–260, div. AA, title I, § 125(c), Dec. 27, 2020, 134 Stat. 2638.)

history & why it existsrecord from the source credit
  • 2020Enacted · Pub. L. 116-260 · 134 Stat. 2638

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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