Skip to content

Title 33 — Navigation and Navigable Waters

Chapter 36 — Water Resources Development

§ 2326. Regional sediment management

Statutory text

(a)

In general

(1)

Sediment use

(A)

Sediment from Federal water resources projects

For sediment obtained through or used in the construction, operation, or maintenance of an authorized Federal water resources project, including a project authorized for flood control, the Secretary shall develop, at Federal expense, regional sediment management plans and carry out projects at locations identified in plans developed under this section, or identified jointly by the non-Federal interest and the Secretary, for use in the construction, repair, modification, or rehabilitation of projects, including projects for the beneficial use of dredged materials described in section 1122 of the Water Resources Development Act of 2016 (33 U.S.C. 2326 note),1 associated with Federal water resources projects for purposes listed in paragraph (3).

(B)

Sediment from other Federal sources and non-Federal sources

For purposes of projects carried out under this section, the Secretary may include sediment from other Federal sources and non-Federal sources, subject to the requirement that any sediment obtained from a non-Federal source shall not be obtained at Federal expense.

(2)

Cooperation

The Secretary shall develop plans under this subsection in cooperation with the appropriate Federal, State, regional, and local agencies.

(3)

Purposes for sediment use in projects

The purposes of using sediment for the construction, repair, modification, or rehabilitation of Federal water resources projects are—

(A)

to reduce storm damage to property;

(B)

to protect, restore, and create aquatic and ecologically related habitats, including wetlands; and

(C)

to transport and place suitable sediment for the purposes of improving environmental conditions in marsh and littoral systems, stabilizing stream channels, enhancing shorelines, and supporting State and local risk management adaptation strategies.

(4)

Reducing costs

To reduce or avoid Federal costs, the Secretary shall consider the beneficial use of dredged material in a manner that contributes to the maintenance of sediment resources in the nearby coastal system.

(b)

Secretarial findings

Subject to subsection (c), projects carried out under subsection (a) may be carried out in any case in which the Secretary finds that—

(1)

the environmental, economic, and social benefits of the project, both monetary and nonmonetary, justify the cost of the project; and

(2)

the project will not result in environmental degradation.

(c)

Determination of project costs

(1)

Costs of construction

(A)

In general

Costs associated with construction of a project under this section or identified in a regional sediment management plan shall be limited solely to construction costs that are in excess of the costs necessary to carry out the dredging for construction, operation, or maintenance of an authorized Federal water resources project in the most cost-effective way, consistent with economic, engineering, and environmental criteria.

(B)

Cost sharing

(i)

In general

Except as provided in clause (ii), the non-Federal share of the construction cost of a project under this section shall be determined as provided in subsections (a) through (d) of section 2213 of this title.

(ii)

Special rule

Construction of a project under this section for one or more of the purposes of protection, restoration, or creation of aquatic and ecologically related habitat, the cost of which does not exceed $750,000 and which is located in a disadvantaged community as determined by the Secretary, may be carried out at Federal expense.

(C)

Total cost

The total Federal costs associated with construction of a project under this section may not exceed $15,000,000.

(2)

Operation, maintenance, replacement, and rehabilitation costs

Operation, maintenance, replacement, and rehabilitation costs associated with a project under this section are the responsibility of the non-Federal interest.

(d)

Selection of dredged material disposal method for purposes related to environmental restoration or storm damage and flood reduction

(1)

In general

At the request of the non-Federal interest for a water resources development project involving the disposal of dredged material, the Secretary, using funds appropriated for construction or operation and maintenance of the project, may select a disposal method that is not the least cost option if the Secretary determines that the incremental costs of the disposal method are reasonable in relation to—

(A)

the environmental benefits, including the benefits to the aquatic environment to be derived from the creation of wetlands and control of shoreline erosion; or

(B)

the hurricane and storm or flood risk reduction benefits, including shoreline protection, protection against loss of life, and damage to improved property.

(2)

Federal share

The Federal share of such incremental costs shall be determined in accordance with subsection (c).

(3)

Special rule

Disposal of dredged material under this subsection may include a single or periodic application of sediment for beneficial use and shall not require operation and maintenance.

(4)

Disposal at non-Federal cost

The Secretary may accept funds from a non-Federal interest to dispose of dredged material as provided under section 2213(d)(1) of this title.

(5)

Selection of dredged material disposal method for certain purposes

Activities carried out under this subsection—

(A)

shall be carried out using amounts appropriated for construction or operation and maintenance of the project involving the disposal of the dredged material; and

(B)

shall not carried 2 out using amounts made available under subsection (g).

(e)

State and regional plans

The Secretary may—

(1)

cooperate with any State or group of States in the preparation of a comprehensive State or regional sediment management plan within the boundaries of the State or among States;

(2)

encourage State participation in the implementation of the plan; and

(3)

submit to Congress reports and recommendations with respect to appropriate Federal participation in carrying out the plan.

(f)

Priority areas

In carrying out this section, the Secretary shall give priority to a regional sediment management project in the vicinity of each of the following:

(1)

Little Rock Slackwater Harbor, Arkansas.

(2)

Fletcher Cove, California.

(3)

Egmont Key, Florida.

(4)

Calcasieu Ship Channel, Louisiana.

(5)

Delaware River Estuary, New Jersey and Pennsylvania.

(6)

Fire Island Inlet, Suffolk County, New York.

(7)

Smith Point Park Pavilion and the TWA Flight 800 Memorial, Brookhaven, New York.

(8)

Morehead City, North Carolina.

(9)

Toledo Harbor, Lucas County, Ohio.

(10)

Galveston Bay, Texas.

(11)

Benson Beach, Washington.

(12)

Osceola County, Florida.

(g)

Authorization of appropriations

There is authorized to be appropriated to carry out this section $62,500,000 per fiscal year, of which not more than $5,000,000 per fiscal year may be used for the development of regional sediment management plans authorized by subsection (e) and of which not more than $3,000,000 per fiscal year may be used for construction of projects to which subsection (c)(1)(B)(ii) applies. Such funds shall remain available until expended.

Footnotes

  1. 1 See References in Text note below.
  2. 2 So in original. Probably should be preceded by “be”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Water Resources Development Act of 1992

    Pub. L. 102–580 title II § 204 · 106 Stat. 4797

    Enacted · 33 U.S.C. § 2326

    Pub. L. 102–580, title II, § 204, Oct. 31, 1992, 106 Stat. 4826

    Source evidence

    Code source credit
    Pub. L. 102–580, title II, § 204, Oct. 31, 1992, 106 Stat. 4826

    Enacted provision · exact public law section
    SEC. 204. BENEFICIAL USES OF DREDGED MATERIAL. (a) In General.— The Secretary is authorized to carry out projects for the protection, restoration, and creation of aquatic and ecologically related habitats, including wetlands, in connection with dredging for construction, operation, or maintenance by the Secretary of an authorized navigation project. (b) Secretarial Findings.— Subject to subsection (c) of this section, projects for the protection, restoration, or creation of aquatic and ecologically related habitats may be undertaken in any case where the Secretary finds that— (1) the environmental, economic, and social benefits of the project, both monetary and nonmonetary, justify the cost thereof; and (2) the project would not result in environmental degradation. (c) Cooperative Agreement.— Any project undertaken pursuant to this section shall be initiated only after non-Federal interests have entered into a cooperative agreement in accordance with the requirements of section 221 of the Flood Control Act of 1970 in which the non-Federal interests agree to— (1) provide 25 percent of the cost associated with construction of the project for the protection, restoration, and creation of aquatic and ecologically related habitats, including provision of all lands, easements, rights-of-way, and necessary relocations; and (2) pay 100 percent of the operation, maintenance, replacement, and rehabilitation costs associated with the project for the protection, restoration, and creation of aquatic and ecologically related habitats. (d) Determination of Construction Costs.— Costs associated with construction of a project for the protection, restoration, and creation of aquatic and ecologically related habitats shall be limited solely to construction costs which are in excess of those costs necessary to carry out the dredging for construction, operation, or maintenance of the authorized navigation project in the most cost effective way, consistent with economic, engineering, and environmental criteria. (e) Authorization of Appropriations— There is authorized to be appropriated not to exceed $15,000,000 annually to carry out this section. Such sums shall remain available until expended.

  2. Water Resources Development Act of 1996

    Pub. L. 104–303 title II § 207 · 110 Stat. 3658

    1. Added · 33 U.S.C. § 2326(e); 33 U.S.C. § 2326(f)

      Pub. L. 104–303 added subsec. (e)

    2. Redesignated · 33 U.S.C. § 2326(e); 33 U.S.C. § 2326(f)

      Pub. L. 104–303 redesignated former subsec. (e) as (f)

    Source evidence

    Code amendment note
    Subsecs. (e), (f). Pub. L. 104–303 added subsec. (e) and redesignated former subsec. (e) as (f).

    Enacted provision · exact public law section
    SEC. 207. BENEFICIAL USES OF DREDGED MATERIAL. Section 204 of the Water Resources Development Act of 1992 (33 U.S.C. 2326; 106 Stat. 4826) is amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following: “(e) Selection of Dredged Material Disposal Method.— In developing and carrying out a project for navigation involving the disposal of dredged material, the Secretary may select, with the consent of the non-Federal interest, a disposal method that is not the least-cost option if the Secretary determines that the incremental costs of such disposal method are reasonable in relation to the environmental benefits, including the benefits to the aquatic environment to be derived from the creation of wetlands and control of shoreline erosion. The Federal share of such incremental costs shall be determined in accordance with subsection (c).”.

  3. Pub. L. 106–53 § 209(1) · 113 Stat. 269

    Substituted · 33 U.S.C. § 2326(c)

    Pub. L. 106–53, § 209(1), in introductory provisions, substituted “binding agreement with the Secretary” for “cooperative agreement in accordance with the requirements of section 1962d–5b of title 42”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 106–53, § 209(1), in introductory provisions, substituted “binding agreement with the Secretary” for “cooperative agreement in accordance with the requirements of section 1962d–5b of title 42”.

    Enacted provision · exact public law section
    (1) in subsection (c), by striking “cooperative agreement in accordance with the requirements of section 221 of the Flood Control Act of 1970” and inserting “binding agreement with the Secretary”; and

  4. Pub. L. 106–53 § 209(2) · 113 Stat. 269

    Added · 33 U.S.C. § 2326(g)

    Pub. L. 106–53, § 209(2), added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 106–53, § 209(2), added subsec. (g).

    Enacted provision · exact public law section
    (2) by adding at the end the following: “(g) Nonprofit Entities.— Notwithstanding section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b), for any project carried out under this section, a non-Federal interest may include a nonprofit entity, with the consent of the affected local government.”.

  5. Water Resources Development Act of 2007

    Pub. L. 110–114 title II § 2037(a) · 121 Stat. 1041

    Amended · 33 U.S.C. § 2326

    Pub. L. 110–114 amended section generally. Prior to amendment, section related to beneficial uses of dredged material

    Source evidence

    Code amendment note
    Pub. L. 110–114 amended section generally. Prior to amendment, section related to beneficial uses of dredged material.

    Enacted provision · exact public law section
    (a) In General.— Section 204 of the Water Resources Development Act of 1992 (33 U.S.C. 2326) is amended to read as follows: “SEC. 204. REGIONAL SEDIMENT MANAGEMENT. “(a) In General.— “(1) Sediment use.— For sediment obtained through the construction, operation, or maintenance of an authorized Federal water resources project, the Secretary shall develop, at Federal expense, regional sediment management plans and carry out projects at locations identified in plans developed under this section, or identified jointly by the non-Federal interest and the Secretary, for use in the construction, repair, modification, or rehabilitation of projects associated with Federal water resources projects for purposes listed in paragraph (3). “(2) Cooperation.— The Plans. Secretary shall develop plans under this subsection in cooperation with the appropriate Federal, State, regional, and local agencies. “(3) Purposes for sediment use in projects.— The purposes of using sediment for the construction, repair, modification, or rehabilitation of Federal water resources projects are— “(A) to reduce storm damage to property; “(B) to protect, restore, and create aquatic and ecologically related habitats, including wetlands; and “(C) to transport and place suitable sediment. “(b) Secretarial Findings.— Subject to subsection (c), projects carried out under subsection (a) may be carried out in any case in which the Secretary finds that— “(1) the environmental, economic, and social benefits of the project, both monetary and nonmonetary, justify the cost of the project; and “(2) the project will not result in environmental degradation. “(c) Determination of Project Costs.— “(1) Costs of construction.— “(A) In general.— Costs associated with construction of a project under this section or identified in a regional sediment management plan shall be limited solely to construction costs that are in excess of the costs necessary to carry out the dredging for construction, operation, or maintenance of an authorized Federal water resources project in the most cost-effective way, consistent with economic, engineering, and environmental criteria. “(B) Cost sharing.— “(i) In general.— Except as provided in clause (ii), the non-Federal share of the construction cost of a project under this section shall be determined as provided in subsections (a) through (d) of section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213). “(ii) Special rule.— Construction of a project under this section for one or more of the purposes of protection, restoration, or creation of aquatic and ecologically related habitat, the cost of which does not exceed $750,000 and which is located in a disadvantaged community as determined by the Secretary, may be carried out at Federal expense. “(C) Total cost.— The total Federal costs associated with construction of a project under this section may not exceed $5,000,000. “(2) Operation, maintenance, replacement, and rehabilitation costs.— Operation, maintenance, replacement, and rehabilitation costs associated with a project under this section are the responsibility of the non-Federal interest. “(d) Selection of Dredged Material Disposal Method for Environmental Purposes.— “(1) In general.— In developing and carrying out a Federal water resources project involving the disposal of dredged material, the Secretary may select, with the consent of the non-Federal interest, a disposal method that is not the least cost option if the Secretary determines that the incremental costs of the disposal method are reasonable in relation to the environmental benefits, including the benefits to the aquatic environment to be derived from the creation of wetlands and control of shoreline erosion. “(2) Federal share.— The Federal share of such incremental costs shall be determined in accordance with subsection (c). “(e) State and Regional Plans.— The Secretary may— “(1) cooperate with any State in the preparation of a comprehensive State or regional sediment management plan within the boundaries of the State; “(2) encourage State participation in the implementation of the plan; and “(3) submit to Congress reports and recommendations with respect to appropriate Federal participation in carrying out the plan. “(f) Priority Areas.— In carrying out this section, the Secretary shall give priority to a regional sediment management project in the vicinity of each of the following: “(1) Little Rock Slackwater Harbor, Arkansas. “(2) Fletcher Cove, California. “(3) Egmont Key, Florida. “(4) Calcasieu Ship Channel, Louisiana. “(5) Delaware River Estuary, New Jersey and Pennsylvania. “(6) Fire Island Inlet, Suffolk County, New York. “(7) Smith Point Park Pavilion and the TWA Flight 800 Memorial, Brookhaven, New York. “(8) Morehead City, North Carolina. “(9) Toledo Harbor, Lucas County, Ohio. “(10) Galveston Bay, Texas. “(11) Benson Beach, Washington. “(g) Authorization of Appropriations.— There is authorized to be appropriated to carry out this section $30,000,000 per fiscal year, of which not more than $5,000,000 per fiscal year may be used for the development of regional sediment management plans authorized by subsection (e) and of which not more than $3,000,000 per fiscal year may be used for construction of projects to which subsection (c)(1)(B)(ii) applies. Such funds shall remain available until expended.” .

  6. Water Resources Reform and Development Act of 2014

    Pub. L. 113–121 § 1038(1)(A) · 128 Stat. 1193

    Inserted · 33 U.S.C. § 2326(a)(1)

    Pub. L. 113–121, § 1038(1)(A), inserted “or used in” after “obtained through”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 113–121, § 1038(1)(A), inserted “or used in” after “obtained through”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by inserting “or used in” after “obtained through”;

  7. Water Resources Reform and Development Act of 2014

    Pub. L. 113–121 § 1038(1)(B) · 128 Stat. 1193

    Inserted · 33 U.S.C. § 2326(a)(3)(C)

    Pub. L. 113–121, § 1038(1)(B), inserted “for the purposes of improving environmental conditions in marsh and littoral systems, stabilizing stream channels, enhancing shorelines, and supporting State and local risk management adaptation strategies” before period at end

    Source evidence

    Code amendment note
    Subsec. (a)(3)(C). Pub. L. 113–121, § 1038(1)(B), inserted “for the purposes of improving environmental conditions in marsh and littoral systems, stabilizing stream channels, enhancing shorelines, and supporting State and local risk management adaptation strategies” before period at end.

    Enacted provision · exact public law section
    (B) in paragraph (3)(C), by inserting “for the purposes of improving environmental conditions in marsh and littoral systems, stabilizing stream channels, enhancing shorelines, and supporting State and local risk management adaptation strategies” before the period at the end; and

  8. Water Resources Reform and Development Act of 2014

    Pub. L. 113–121 § 1038(1)(C) · 128 Stat. 1193

    Added · 33 U.S.C. § 2326(a)(4)

    Pub. L. 113–121, § 1038(1)(C), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 113–121, § 1038(1)(C), added par. (4).

    Enacted provision · exact public law section
    (C) by adding at the end the following: “(4) Reducing costs.— To reduce or avoid Federal costs, the Secretary shall consider the beneficial use of dredged material in a manner that contributes to the maintenance of sediment resources in the nearby coastal system.” ;

  9. Water Resources Reform and Development Act of 2014

    Pub. L. 113–121 § 1030(d)(1)(A) · 128 Stat. 1193

    Substituted · 33 U.S.C. § 2326(c)(1)(C)

    Pub. L. 113–121, § 1030(d)(1)(A), substituted “$10,000,000” for “$5,000,000”

    Source evidence

    Code amendment note
    Subsec. (c)(1)(C). Pub. L. 113–121, § 1030(d)(1)(A), substituted “$10,000,000” for “$5,000,000”.

    Enacted provision · exact public law section
    (A) in subsection (c)(1)(C), by striking “$5,000,000” and inserting “$10,000,000”; and

  10. Water Resources Reform and Development Act of 2014

    Pub. L. 113–121 § 1038(2)(A) · 128 Stat. 1193

    Substituted · 33 U.S.C. § 2326(d)

    Pub. L. 113–121, § 1038(2)(A), substituted “Selection of dredged material disposal method for purposes related to environmental restoration or storm damage and flood reduction” for “Selection of dredged material disposal method for environmental purposes” in heading

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 113–121, § 1038(2)(A), substituted “Selection of dredged material disposal method for purposes related to environmental restoration or storm damage and flood reduction” for “Selection of dredged material disposal method for environmental purposes” in heading.

    Enacted provision · exact public law section
    (A) by striking the subsection designation and heading and inserting the following: “(d) Selection of Dredged Material Disposal Method for Purposes Related to Environmental Restoration or Storm Damage and Flood Reduction.— ” ; and

  11. Water Resources Reform and Development Act of 2014

    Pub. L. 113–121 § 1038(2)(B) · 128 Stat. 1193

    1. Substituted · 33 U.S.C. § 2326(d)(1)

      Pub. L. 113–121, § 1038(2)(B), substituted “in relation to—” for “in relation to the environmental benefits, including the benefits to the aquatic environment to be derived from the creation of wetlands and control of shoreline erosion.”

    2. Added · 33 U.S.C. § 2326(d)(1)

      Pub. L. 113–121, § 1038(2)(B), added subpars. (A) and (B)

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 113–121, § 1038(2)(B), substituted “in relation to—” for “in relation to the environmental benefits, including the benefits to the aquatic environment to be derived from the creation of wetlands and control of shoreline erosion.” and added subpars. (A) and (B).

    Enacted provision · exact public law section
    (B) in paragraph (1), by striking “in relation to” and all that follows through the period at the end and inserting “in relation to— “(A) the environmental benefits, including the benefits to the aquatic environment to be derived from the creation of wetlands and control of shoreline erosion; or “(B) the flood and storm damage and flood reduction benefits, including shoreline protection, protection against loss of life, and damage to improved property.” ; and

  12. Water Resources Reform and Development Act of 2014

    Pub. L. 113–121 § 1038(3) · 128 Stat. 1193

    1. Added · 33 U.S.C. § 2326(e)(1)

      Pub. L. 113–121, § 1038(3), added par. (1)

    2. Struck · 33 U.S.C. § 2326(e)(1)

      Pub. L. 113–121, § 1038(3), struck out former par. (1) which read as follows: “cooperate with any State in the preparation of a comprehensive State or regional sediment management plan within the boundaries of the State;”

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 113–121, § 1038(3), added par. (1) and struck out former par. (1) which read as follows: “cooperate with any State in the preparation of a comprehensive State or regional sediment management plan within the boundaries of the State;”.

    Enacted provision · exact public law section
    (3) in subsection (e), by striking paragraph (1) and inserting the following: “(1) cooperate with any State or group of States in the preparation of a comprehensive State or regional sediment management plan within the boundaries of the State or among States;” .

  13. Water Resources Reform and Development Act of 2014

    Pub. L. 113–121 § 1030(d)(1)(B) · 128 Stat. 1193

    Substituted · 33 U.S.C. § 2326(g)

    Pub. L. 113–121, § 1030(d)(1)(B), substituted “$50,000,000” for “$30,000,000”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 113–121, § 1030(d)(1)(B), substituted “$50,000,000” for “$30,000,000”.

    Enacted provision · exact public law section
    (B) in subsection (g), by striking “$30,000,000” and inserting “$50,000,000”.

  14. Water Resources Development Act of 2016

    Pub. L. 114–322 § 1122(i)(1) · 130 Stat. 1628

    1. Amended · 33 U.S.C. § 2326(a)(1)

      Pub. L. 114–322, § 1122(i)(1), designated existing provisions as subpar. (A)

    2. Inserted · 33 U.S.C. § 2326(a)(1)

      Pub. L. 114–322, § 1122(i)(1), inserted heading

    3. Added · 33 U.S.C. § 2326(a)(1)

      Pub. L. 114–322, § 1122(i)(1), added subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 114–322, § 1122(i)(1), designated existing provisions as subpar. (A), inserted heading, and added subpar. (B).

    Enacted provision · exact public law section
    (1) in subsection (a)(1)— (A) by striking “For sediment” and inserting the following: “(A) Sediment from federal water resources projects.— For sediment” ; and (B) by adding at the end the following: “(B) Sediment from other federal sources and non-federal sources.— For purposes of projects carried out under this section, the Secretary may include sediment from other Federal sources and non-Federal sources, subject to the requirement that any sediment obtained from a non-Federal source shall not be obtained at Federal expense.” ; and

  15. Water Resources Development Act of 2016

    Pub. L. 114–322 § 1122(i)(2) · 130 Stat. 1628

    Added · 33 U.S.C. § 2326(d)(3); 33 U.S.C. § 2326(d)(4)

    Pub. L. 114–322, § 1122(i)(2), added pars. (3) and (4)

    Source evidence

    Code amendment note
    Subsec. (d)(3), (4). Pub. L. 114–322, § 1122(i)(2), added pars. (3) and (4).

    Enacted provision · exact public law section
    (2) in subsection (d) by adding at the end the following: “(3) Special rule.— Disposal of dredged material under this subsection may include a single or periodic application of sediment for beneficial use and shall not require operation and maintenance. “(4) Disposal at non-federal cost.— The Secretary may accept funds from a non-Federal interest to dispose of dredged material as provided under section 103(d)(1) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(d)(1)).” .

  16. Water Resources Development Act of 2018

    Pub. L. 115–270 § 1150 · 132 Stat. 3765

    Inserted · 33 U.S.C. § 2326(a)(1)(A)

    Pub. L. 115–270, § 1150, inserted “including a project authorized for flood control,” after “an authorized Federal water resources project,”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(A). Pub. L. 115–270, § 1150, inserted “including a project authorized for flood control,” after “an authorized Federal water resources project,”.

    Enacted provision · exact public law section
    SEC. 1150. REGIONAL SEDIMENT MANAGEMENT.   Section 204(a)(1)(A) of the Water Resources Development Act of 1992 (33 U.S.C. 2326(a)(1)(A)) is amended by inserting “including a project authorized for flood control,” after “an authorized Federal water resources project,”.

  17. Water Resources Development Act of 2018

    Pub. L. 115–270 § 1157(d) · 132 Stat. 3765

    Substituted · 33 U.S.C. § 2326(g)

    Pub. L. 115–270, § 1157(d), substituted “$62,500,000” for “$50,000,000”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 115–270, § 1157(d), substituted “$62,500,000” for “$50,000,000”.

    Enacted provision · exact public law section
    (d) Regional Sediment Management.— Section 204(g) of the Water Resources Development Act of 1992 (33 U.S.C. 2326(g)) is amended in the first sentence by striking “$50,000,000” and inserting “$62,500,000”.

  18. Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2021

    Pub. L. 116–260 § 125(a)(2)(C)(i)(I) · 134 Stat. 1182

    Substituted · 33 U.S.C. § 2326(d)(1)

    Pub. L. 116–260, § 125(a)(2)(C)(i)(I), in introductory provisions, substituted “At the request of the non-Federal interest for a water resources development project involving the disposal of dredged material, the Secretary, using funds appropriated for construction or operation and maintenance of the project, may select” for “In developing and carrying out a Federal water resources project involving the disposal of dredged material, the Secretary may select, with the consent of the non-Federal interest,”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 116–260, § 125(a)(2)(C)(i)(I), in introductory provisions, substituted “At the request of the non-Federal interest for a water resources development project involving the disposal of dredged material, the Secretary, using funds appropriated for construction or operation and maintenance of the project, may select” for “In developing and carrying out a Federal water resources project involving the disposal of dredged material, the Secretary may select, with the consent of the non-Federal interest,”.

    Enacted provision · exact public law section
    Sec. 125. All amounts appropriated to the “Department of Defense—Military Construction, Army”, “Department of Defense—Military Construction, Navy and Marine Corps”, “Department of Defense—Military Construction, Air Force”, and “Department of Defense—Military Construction, Defense-Wide” accounts pursuant to the authorization of appropriations in a National Defense Authorization Act specified for fiscal year 2021 in the funding table in section 4601 of that Act shall be immediately available and allotted to contract for the full scope of authorized projects.

  19. Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2021

    Pub. L. 116–260 § 125(a)(2)(C)(i)(II) · 134 Stat. 1182

    Substituted · 33 U.S.C. § 2326(d)(1)(B)

    Pub. L. 116–260, § 125(a)(2)(C)(i)(II), substituted “hurricane and storm or flood risk reduction benefits” for “flood and storm damage and flood reduction benefits”

    Source evidence

    Code amendment note
    Subsec. (d)(1)(B). Pub. L. 116–260, § 125(a)(2)(C)(i)(II), substituted “hurricane and storm or flood risk reduction benefits” for “flood and storm damage and flood reduction benefits”.

    Enacted provision · exact public law section
    Sec. 125. All amounts appropriated to the “Department of Defense—Military Construction, Army”, “Department of Defense—Military Construction, Navy and Marine Corps”, “Department of Defense—Military Construction, Air Force”, and “Department of Defense—Military Construction, Defense-Wide” accounts pursuant to the authorization of appropriations in a National Defense Authorization Act specified for fiscal year 2021 in the funding table in section 4601 of that Act shall be immediately available and allotted to contract for the full scope of authorized projects.

  20. Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2021

    Pub. L. 116–260 § 125(a)(2)(C)(ii) · 134 Stat. 1182

    Added · 33 U.S.C. § 2326(d)(5)

    Pub. L. 116–260, § 125(a)(2)(C)(ii), added par. (5)

    Source evidence

    Code amendment note
    Subsec. (d)(5). Pub. L. 116–260, § 125(a)(2)(C)(ii), added par. (5).

    Enacted provision · exact public law section
    Sec. 125. All amounts appropriated to the “Department of Defense—Military Construction, Army”, “Department of Defense—Military Construction, Navy and Marine Corps”, “Department of Defense—Military Construction, Air Force”, and “Department of Defense—Military Construction, Defense-Wide” accounts pursuant to the authorization of appropriations in a National Defense Authorization Act specified for fiscal year 2021 in the funding table in section 4601 of that Act shall be immediately available and allotted to contract for the full scope of authorized projects.

  21. Pub. L. 118–272 § 1130(b)(1) · 138 Stat. 3005

    Substituted · 33 U.S.C. § 2326(a)(1)

    Pub. L. 118–272, § 1130(b)(1), substituted “rehabilitation of projects, including projects for the beneficial use of dredged materials described in section 1122 of the Water Resources Development Act of 2016 (33 U.S.C. 2326 note),” for “rehabilitation of projects”

    Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 118–272, § 1130(b)(1), substituted “rehabilitation of projects, including projects for the beneficial use of dredged materials described in section 1122 of the Water Resources Development Act of 2016 (33 U.S.C. 2326 note),” for “rehabilitation of projects”.

  22. Pub. L. 118–272 § 1107(i) · 138 Stat. 3005

    Substituted · 33 U.S.C. § 2326(c)(1)(C)

    Pub. L. 118–272, § 1107(i), substituted “$15,000,000” for “$10,000,000”

    Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c)(1)(C). Pub. L. 118–272, § 1107(i), substituted “$15,000,000” for “$10,000,000”.

  23. Pub. L. 118–272 § 1130(b)(2) · 138 Stat. 3005

    Added · 33 U.S.C. § 2326(f)(12)

    Pub. L. 118–272, § 1130(b)(2), added par. (12)

    Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (f)(12). Pub. L. 118–272, § 1130(b)(2), added par. (12).

25 of 28 references resolved to an enrolled provision · 3 unresolved

Editorial Notes

References in Text

Section 1122 of the Water Resources Development Act of 2016, referred to in subsec. (a)(1)(A), is section 1122 of Pub. L. 114–322, title I, § 1122, , 130 Stat. 1645. Subsecs. (a) to (h) of section 1122, which was formerly set out as a note below, was transferred to section 2326i of this title. Subsec. (i) of section 1122 amended this section. Subsec. (j) of section 1122 amended section 1962d–5f of Title 42, The Public Health and Welfare.

Codification

Section was enacted as part of the Water Resources Development Act of 1992, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Amendments1996–2025 · 8 rounds

2025

Subsec. (a)(1). Pub. L. 118–272, § 1130(b)(1), substituted “rehabilitation of projects, including projects for the beneficial use of dredged materials described in section 1122 of the Water Resources Development Act of 2016 (33 U.S.C. 2326 note),” for “rehabilitation of projects”.

Subsec. (c)(1)(C). Pub. L. 118–272, § 1107(i), substituted “$15,000,000” for “$10,000,000”.

Subsec. (f)(12). Pub. L. 118–272, § 1130(b)(2), added par. (12).

2020

Subsec. (d)(1). Pub. L. 116–260, § 125(a)(2)(C)(i)(I), in introductory provisions, substituted “At the request of the non-Federal interest for a water resources development project involving the disposal of dredged material, the Secretary, using funds appropriated for construction or operation and maintenance of the project, may select” for “In developing and carrying out a Federal water resources project involving the disposal of dredged material, the Secretary may select, with the consent of the non-Federal interest,”.

Subsec. (d)(1)(B). Pub. L. 116–260, § 125(a)(2)(C)(i)(II), substituted “hurricane and storm or flood risk reduction benefits” for “flood and storm damage and flood reduction benefits”.

Subsec. (d)(5). Pub. L. 116–260, § 125(a)(2)(C)(ii), added par. (5).

2018

Subsec. (a)(1)(A). Pub. L. 115–270, § 1150, inserted “including a project authorized for flood control,” after “an authorized Federal water resources project,”.

Subsec. (g). Pub. L. 115–270, § 1157(d), substituted “$62,500,000” for “$50,000,000”.

2016

Subsec. (a)(1). Pub. L. 114–322, § 1122(i)(1), designated existing provisions as subpar. (A), inserted heading, and added subpar. (B).

Subsec. (d)(3), (4). Pub. L. 114–322, § 1122(i)(2), added pars. (3) and (4).

2014

Subsec. (a)(1). Pub. L. 113–121, § 1038(1)(A), inserted “or used in” after “obtained through”.

Subsec. (a)(3)(C). Pub. L. 113–121, § 1038(1)(B), inserted “for the purposes of improving environmental conditions in marsh and littoral systems, stabilizing stream channels, enhancing shorelines, and supporting State and local risk management adaptation strategies” before period at end.

Subsec. (a)(4). Pub. L. 113–121, § 1038(1)(C), added par. (4).

Subsec. (c)(1)(C). Pub. L. 113–121, § 1030(d)(1)(A), substituted “$10,000,000” for “$5,000,000”.

Subsec. (d). Pub. L. 113–121, § 1038(2)(A), substituted “Selection of dredged material disposal method for purposes related to environmental restoration or storm damage and flood reduction” for “Selection of dredged material disposal method for environmental purposes” in heading.

Subsec. (d)(1). Pub. L. 113–121, § 1038(2)(B), substituted “in relation to—” for “in relation to the environmental benefits, including the benefits to the aquatic environment to be derived from the creation of wetlands and control of shoreline erosion.” and added subpars. (A) and (B).

Subsec. (e)(1). Pub. L. 113–121, § 1038(3), added par. (1) and struck out former par. (1) which read as follows: “cooperate with any State in the preparation of a comprehensive State or regional sediment management plan within the boundaries of the State;”.

Subsec. (g). Pub. L. 113–121, § 1030(d)(1)(B), substituted “$50,000,000” for “$30,000,000”.

2007

Pub. L. 110–114 amended section generally. Prior to amendment, section related to beneficial uses of dredged material.

1999

Subsec. (c). Pub. L. 106–53, § 209(1), in introductory provisions, substituted “binding agreement with the Secretary” for “cooperative agreement in accordance with the requirements of section 1962d–5b of title 42”.

Subsec. (g). Pub. L. 106–53, § 209(2), added subsec. (g).

1996

Subsecs. (e), (f). Pub. L. 104–303 added subsec. (e) and redesignated former subsec. (e) as (f).

Statutory Notes and Related Subsidiaries

Applicability

Pub. L. 110–114, title II, § 2037(c), as added by Pub. L. 113–121, title I, § 1030(d)(2), , 128 Stat. 1232, provided that: “The amendment made by subsection (a) [amending this section] shall not apply to any project authorized under this Act [see Tables for classification] if a report of the Chief of Engineers for the project was completed prior to the date of enactment of this Act [].”

Maximization of Beneficial Use in Dredged Material Management Plans

Pub. L. 118–272, div. A, title I, § 1130(d), , 138 Stat. 3019, provided that:

“Each dredged material management plan for a federally authorized water resources development project, and each regional sediment plan developed under section 204 of the Water Resources Development Act of 1992 (33 U.S.C. 2326), including any such plan under development on the date of enactment of this Act [], shall—

“(1)

maximize the beneficial use of suitable dredged material; and

“(2)

to the maximum extent practicable, prioritize the use of such dredged material in water resources development projects in areas vulnerable to coastal land loss or shoreline erosion.”

Project Selection

Pub. L. 116–260, div. AA, title I, § 125(b)(3), , 134 Stat. 2638, provided that: “In selecting projects for the beneficial use of dredged materials under section 1122 of the Water Resources Development Act of 2016 (33 U.S.C. 2326 note) [set out as a note below], the Secretary [of the Army] shall prioritize the selection of at least one project for the utilization of thin layer placement of dredged fine and coarse grain sediment and at least one project for recovering lost storage capacity in reservoirs due to sediment accumulation authorized by subsection (a)(8) of such section, to the extent that a non-Federal interest has submitted an application for such project purposes that otherwise meets the requirements of such section.”

Coordination With Existing Authorities

Pub. L. 116–260, div. AA, title I, § 125(d)(2), , 134 Stat. 2640, provided that: “The Secretary [of the Army] may carry out the dredge pilot program authorized by section 1111 of the Water Resources Development Act of 2018 (33 U.S.C. 2326 note) in coordination with Federal regional dredge demonstration programs in effect on the date of enactment of this Act [].”

Dredge Pilot Program

Pub. L. 115–270, title I, § 1111, , 132 Stat. 3774, as amended by Pub. L. 116–260, div. AA, title I, § 125(d)(1), , 134 Stat. 2640, provided that:

“(a)

In General.—

The Secretary [of the Army] is authorized to carry out a pilot program to award contracts with a duration of up to 5 years for the operation and maintenance of—

“(1)

harbors and inland harbors referred to in section 210(a)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(a)(2)); or

“(2)

inland and intracoastal waterways of the United States described in section 206 of the Inland Waterways Revenue Act of 1978 (33 U.S.C. 1804).

“(b)

Scope.—

In carrying out the pilot program under subsection (a), the Secretary may award a contract described in such subsection, which may address one or more harbors, inland harbors, or inland or intracoastal waterways in a geographical region, if the Secretary determines that the contract provides cost savings compared to the awarding of such work on an annual basis or on a project-by-project basis.

“(c)

Report to Congress.—

Not later than 1 year after the date on which the first contract is awarded pursuant to the pilot program carried out under subsection (a), the Secretary shall submit to Congress a report evaluating, with respect to the pilot program and any contracts awarded under the pilot program—

“(1)

cost effectiveness;

“(2)

reliability and performance;

“(3)

cost savings attributable to mobilization and demobilization of dredge equipment; and

“(4)

response times to address navigational impediments.

“(d)

Sunset.—

The authority of the Secretary to enter into contracts pursuant to the pilot program carried out under subsection (a), shall expire on the date that is 10 years after the date of enactment of this Act [].”

Beneficial Use of Dredged Sediment

Pub. L. 115–270, title I, § 1148, , 132 Stat. 3787, provided that:

“(a)

In General.—

In carrying out a project for the beneficial reuse of sediment to reduce storm damage to property under section 204 of the Water Resources Development Act of 1992 (33 U.S.C. 2326) that involves only a single application of sediment, the Secretary [of the Army] may grant a temporary easement necessary to facilitate the placement of sediment, if the Secretary determines that granting a temporary easement is in the interest of the United States.

“(b)

Limitation.—

If the Secretary grants a temporary easement under subsection (a) with respect to a project, that project shall no longer be eligible for future placement of sediment under section 204 of the Water Resources Development Act of 1992 (33 U.S.C. 2326).”

Beneficial Use of Dredged Material

Pub. L. 114–322, title I, § 1122(a)–(h), , 130 Stat. 1645, 1646, as amended by Pub. L. 115–270, title I, § 1130, , 132 Stat. 3780; Pub. L. 116–260, div. AA, title I, § 125(b)(1), , 134 Stat. 2638; Pub. L. 118–272, div. A, title I, § 1130(a), , 138 Stat. 3018, which established a pilot program to carry out projects for various beneficial uses of dredged material and was formerly set out as a note under this section, was transferred to section 2326i of this title.

“Secretary” Defined

Secretary means the Secretary of the Army, see section 3 of Pub. L. 102–580, set out as a note under section 2201 of this title.

Credits

1992–2025 · 9 acts
  1. 1992Pub. L. 102–580, title II, § 204, , 106 Stat. 4826
  2. 1996Pub. L. 104–303, title II, § 207, , 110 Stat. 3680
  3. 1999Pub. L. 106–53, title II, § 209, , 113 Stat. 287
  4. 2007Pub. L. 110–114, title II, § 2037(a), , 121 Stat. 1094
  5. 2014Pub. L. 113–121, title I, §§ 1030(d)(1), 1038, , 128 Stat. 1232, 1236
  6. 2016Pub. L. 114–322, title I, § 1122(i), , 130 Stat. 1647
  7. 2018Pub. L. 115–270, title I, §§ 1150, 1157(d), , 132 Stat. 3787, 3794
  8. 2020Pub. L. 116–260, div. AA, title I, § 125(a)(2)(C), , 134 Stat. 2637
  9. 2025Pub. L. 118–272, div. A, title I, §§ 1107(i), 1130(b), , 138 Stat. 3005, 3019.
Show as published

(Pub. L. 102–580, title II, § 204, , 106 Stat. 4826; Pub. L. 104–303, title II, § 207, , 110 Stat. 3680; Pub. L. 106–53, title II, § 209, , 113 Stat. 287; Pub. L. 110–114, title II, § 2037(a), , 121 Stat. 1094; Pub. L. 113–121, title I, §§ 1030(d)(1), 1038, , 128 Stat. 1232, 1236; Pub. L. 114–322, title I, § 1122(i), , 130 Stat. 1647; Pub. L. 115–270, title I, §§ 1150, 1157(d), , 132 Stat. 3787, 3794; Pub. L. 116–260, div. AA, title I, § 125(a)(2)(C), , 134 Stat. 2637; Pub. L. 118–272, div. A, title I, §§ 1107(i), 1130(b), , 138 Stat. 3005, 3019.)

Parsed from the official OLRC USLM XML in data/usc_all/usc33.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t33/s2326