42 U.S.C. § 1962d–5e — Wetland areas
submitted 50 years ago by Pub. L. 94-587 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 246 words · no verdicts yet
The Secretary may plan and establish wetlands as part of authorized water-resources projects. For wetlands connected with required dredging, three conditions must be met, and the United States pays all establishment costs.
(a) The Secretary*, through the Chief of Engineers, may plan and establish wetlands as part of an authorized water-resources project* under his jurisdiction. A wetland connected with required dredging may be established only if the Chief finds that its environmental, economic, and social benefits justify the extra cost over alternative dredged-material disposal methods; the extra cost is no more than $400,000; and reasonable evidence shows the wetland will not be substantially changed or destroyed by natural or human causes. (b) In a report to Congress on a water-resources project submitted after October 22, 1976, the Secretary must include consideration of establishing wetlands when appropriate. (c) When calculating a project’s benefits and costs, the benefit of establishing a wetland is treated as at least equal to its establishment cost. The United States pays all establishment costs.
The Secretary of the Army, acting through the Chief of Engineers, is authorized to plan and establish wetland areas as part of an authorized water resources development project* under his jurisdiction. Establishment of any wetland area in connection with the dredging required for such a water resources development project may be undertaken in any case where the Chief of Engineers in his judgment finds that—
environmental, economic, and social benefits of the wetland area justifies the increased cost thereof above the cost required for alternative methods of disposing of dredged material for such project; and
the increased cost of such wetland area will not exceed $400,000; and
there is reasonable evidence that the wetland area to be established will not be substantially altered or destroyed by natural or man-made causes.
Whenever the Secretary of the Army, acting through the Chief of Engineers, submits to Congress a report on a water resources development project after October 22, 1976, such report shall include, where appropriate, consideration of the establishment of wetland areas.
In the computation of benefits and cost of any water resources development project the benefits of establishing of any wetland area shall be deemed to be at least equal to the cost of establishing such area. All costs of establishing a wetland area shall be borne by the United States.
Source credit: (Pub. L. 94–587, § 150, Oct. 22, 1976, 90 Stat. 2931.)
- 1976Enacted · Pub. L. 94-587 · 90 Stat. 2931
A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-587 on 1976-10-22.
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