33 U.S.C. § 2326i — Beneficial use of dredged material
submitted 10 years ago by Pub. L. 114-322 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 688 words · no verdicts yet
The Secretary may carry out projects that beneficially use dredged material for flood protection, safety, habitat, shorelines, recreation, risk adaptation, cost reduction, and certain reservoir storage recovery. The section sets selection, team, cost-sharing, reporting, and environmental rules.
(a) The Secretary may carry out beneficial-use projects for (1) resilience and reduced flood and storm risk to property and infrastructure; (2) public safety; (3) protecting, restoring, or creating aquatic habitats; (4) stabilizing streams and improving shorelines; (5) recreation; (6) risk-management adaptation; (7) reducing dredging and placement or disposal costs, including use as construction or fill material, civic improvements, or other innovative uses producing public economic or environmental benefits; and (8) restoring reservoir storage lost to sediment, if the project also has a purpose in (1)-(7). (b) The Secretary must identify and carry out projects, consult relevant States, and select solely based on environmental, economic, and social benefits, including monetary and nonmonetary benefits, and the need for varied project types and locations. (c) The Secretary must establish regional teams. Each is headed by the relevant Corps division Commander and includes relevant Corps districts and divisions, State and local agencies, Federal agencies, and other appropriate entities. (d) The Secretary must maximize beneficial placement from Federal and non-Federal channels; include, as far as practicable, at least two Federal navigation, flood-control, storm-damage, or restoration projects; coordinate dredges and equipment and available contracting and permitting efficiencies; foster all-level collaboration; use best practices for dredged sand and sediment; and comply with environmental laws. (e) Projects follow section 2326 cost sharing. But if transport and deposit cost more than doing them under another water-resources project and, if applicable, the Federal standard, the non-Federal interest cannot be charged the extra cost. (f) Within two years after December 16, 2016, and annually thereafter, the Secretary must report selected projects, supporting documentation, team findings, and recommendations to the listed congressional committees. (g) Projects proceed despite the Federal-standard definition in title 33, section 335.7. (h) Redesignated (g). (i) and (j) Omitted.
The Secretary is authorized to carry out projects for the beneficial use of dredged material, including projects for the purposes of—
promoting resiliency and reducing the risk to property and infrastructure of flooding and storm damage;
promoting public safety;
protecting, restoring, and creating aquatic ecosystem habitats;
stabilizing stream systems and enhancing shorelines;
promoting recreation;
supporting risk management adaptation strategies;
reducing the costs of dredging and dredged material placement or disposal, such as projects that use dredged material for—
construction or fill material;
civic improvement objectives; and
other innovative uses and placement alternatives that produce public economic or environmental benefits; and
recovering lost storage capacity in reservoirs due to sediment accumulation, if the project also has a purpose described in any of paragraphs (1) through (7).
In carrying out this section, the Secretary shall—
identify and carry out projects for the beneficial use of dredged material;
consult with relevant State agencies in selecting projects; and
select projects solely on the basis of—
the environmental, economic, and social benefits of the projects, including monetary and nonmonetary benefits; and
the need for a diversity of project types and geographical project locations.
The Secretary shall establish regional beneficial use teams to identify and assist in the implementation of projects under this section.
For each regional beneficial use team established under paragraph (1), the Secretary shall appoint the Commander of the relevant division of the Corps of Engineers to serve as the head of the team.
The membership of each regional beneficial use team shall include—
representatives of relevant Corps of Engineers districts and divisions;
representatives of relevant State and local agencies; and
representatives of Federal agencies and such other entities as the Secretary determines appropriate, consistent with the purposes of this section.
The Secretary shall carry out this section in a manner that—
maximizes the beneficial placement of dredged material from Federal and non-Federal navigation channels;
incorporates, to the maximum extent practicable, 2 or more Federal navigation, flood control, storm damage reduction, or environmental restoration projects;
coordinates the mobilization of dredges and related equipment, including through the use of such efficiencies in contracting and environmental permitting as can be implemented under existing laws and regulations;
fosters Federal, State, and local collaboration;
implements best practices to maximize the beneficial use of dredged sand and other sediments; and
ensures that the use of dredged material is consistent with all applicable environmental laws.
Projects carried out under this section shall be subject to the cost-sharing requirements applicable to projects carried out under section 2326 of this title.
Notwithstanding paragraph (1), if the cost of transporting and depositing dredged material for a project carried out under this section exceeds the cost of carrying out those activities pursuant to any other water resources project in accordance, if applicable, with the Federal standard (as defined in section 335.7 of title 33, Code of Federal Regulations), the Secretary may not require the non-Federal interest to bear the additional cost of such activities.
Not later than 2 years after December 16, 2016, and annually thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes—
a description of the projects selected to be carried out under this section;
documentation supporting each of the projects selected;
the findings of regional beneficial use teams regarding project selection; and
any recommendations of the Secretary or regional beneficial use teams with respect to the implementation of this section.
The projects carried out under this section shall be carried out notwithstanding the definition of the term “Federal standard” in section 335.7 of title 33, Code of Federal Regulations.
Source credit: (Pub. L. 114–322, title I, § 1122, Dec. 16, 2016, 130 Stat. 1645; Pub. L. 115–270, title I, § 1130, Oct. 23, 2018, 132 Stat. 3780; Pub. L. 116–260, div. AA, title I, § 125(b)(1), Dec. 27, 2020, 134 Stat. 2638; Pub. L. 118–272, div. A, title I, § 1130(a), Jan. 4, 2025, 138 Stat. 3018.)
- 2016Enacted · Pub. L. 114-322 · 130 Stat. 1645
- 2018Amended · Pub. L. 115-270 · 132 Stat. 3780
- 2020Amended · Pub. L. 116-260 · 134 Stat. 2638
- 2025Amended · Pub. L. 118-272 · 138 Stat. 3018
A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-322 on 2016-12-16.
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