Title 33 — Navigation and Navigable Waters
Chapter 36 — Water Resources Development
§ 2326. Regional sediment management
Statutory text
In general
Sediment use
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).
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.
Cooperation
The Secretary shall develop plans under this subsection in cooperation with the appropriate Federal, State, regional, and local agencies.
Purposes for sediment use in projects
The purposes of using sediment for the construction, repair, modification, or rehabilitation of Federal water resources projects are—
to reduce storm damage to property;
to protect, restore, and create aquatic and ecologically related habitats, including wetlands; and
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.
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.
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—
the environmental, economic, and social benefits of the project, both monetary and nonmonetary, justify the cost of the project; and
the project will not result in environmental degradation.
Determination of project costs
Costs of construction
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.
Cost sharing
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.
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.
Total cost
The total Federal costs associated with construction of a project under this section may not exceed $15,000,000.
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.
Selection of dredged material disposal method for purposes related to environmental restoration or storm damage and flood reduction
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—
the environmental benefits, including the benefits to the aquatic environment to be derived from the creation of wetlands and control of shoreline erosion; or
the hurricane and storm or flood risk reduction benefits, including shoreline protection, protection against loss of life, and damage to improved property.
Federal share
The Federal share of such incremental costs shall be determined in accordance with subsection (c).
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.
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.
Selection of dredged material disposal method for certain purposes
Activities carried out under this subsection—
shall be carried out using amounts appropriated for construction or operation and maintenance of the project involving the disposal of the dredged material; and
shall not carried 2 out using amounts made available under subsection (g).
State and regional plans
The Secretary may—
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;
encourage State participation in the implementation of the plan; and
submit to Congress reports and recommendations with respect to appropriate Federal participation in carrying out the plan.
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:
Little Rock Slackwater Harbor, Arkansas.
Fletcher Cove, California.
Egmont Key, Florida.
Calcasieu Ship Channel, Louisiana.
Delaware River Estuary, New Jersey and Pennsylvania.
Fire Island Inlet, Suffolk County, New York.
Smith Point Park Pavilion and the TWA Flight 800 Memorial, Brookhaven, New York.
Morehead City, North Carolina.
Toledo Harbor, Lucas County, Ohio.
Galveston Bay, Texas.
Benson Beach, Washington.
Osceola County, Florida.
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
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.
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. 4826Enacted 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.Water Resources Development Act of 1996
Pub. L. 104–303 title II § 207 · 110 Stat. 3658
Added · 33 U.S.C. § 2326(e); 33 U.S.C. § 2326(f)
Pub. L. 104–303 added subsec. (e)
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).”.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”; andPub. 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.”.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.” .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”;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; andWater 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.” ;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”; andWater 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.— ” ; andWater Resources Reform and Development Act of 2014
Pub. L. 113–121 § 1038(2)(B) · 128 Stat. 1193
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.”
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.” ; andWater Resources Reform and Development Act of 2014
Pub. L. 113–121 § 1038(3) · 128 Stat. 1193
Added · 33 U.S.C. § 2326(e)(1)
Pub. L. 113–121, § 1038(3), added par. (1)
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;” .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”.Water Resources Development Act of 2016
Pub. L. 114–322 § 1122(i)(1) · 130 Stat. 1628
Amended · 33 U.S.C. § 2326(a)(1)
Pub. L. 114–322, § 1122(i)(1), designated existing provisions as subpar. (A)
Inserted · 33 U.S.C. § 2326(a)(1)
Pub. L. 114–322, § 1122(i)(1), inserted heading
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.” ; andWater 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)).” .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,”.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”.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.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.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.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”.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”.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
- 1992Pub. L. 102–580, title II, § 204, , 106 Stat. 4826
- 1996Pub. L. 104–303, title II, § 207, , 110 Stat. 3680
- 1999Pub. L. 106–53, title II, § 209, , 113 Stat. 287
- 2007Pub. L. 110–114, title II, § 2037(a), , 121 Stat. 1094
- 2014Pub. L. 113–121, title I, §§ 1030(d)(1), 1038, , 128 Stat. 1232, 1236
- 2016Pub. L. 114–322, title I, § 1122(i), , 130 Stat. 1647
- 2018Pub. L. 115–270, title I, §§ 1150, 1157(d), , 132 Stat. 3787, 3794
- 2020Pub. L. 116–260, div. AA, title I, § 125(a)(2)(C), , 134 Stat. 2637
- 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.)