33 USC 2326 - Regional sediment management

1 See References in Text note below.

associated with Federal water resources projects for purposes listed in paragraph (3).

1 So in original. Probably should be preceded by “be”.

out using amounts made available under subsection (g).

Editorial Notes

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.

Amendments

2025—Subsec. (a)(1). Puspan. L. 118–272, § 1130(span)(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). Puspan. L. 118–272, § 1107(i), substituted “$15,000,000” for “$10,000,000”.

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

2020—Subsec. (d)(1). Puspan. 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). Puspan. 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). Puspan. L. 116–260, § 125(a)(2)(C)(ii), added par. (5).

2018—Subsec. (a)(1)(A). Puspan. L. 115–270, § 1150, inserted “including a project authorized for flood control,” after “an authorized Federal water resources project,”.

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

2016—Subsec. (a)(1). Puspan. L. 114–322, § 1122(i)(1), designated existing provisions as subpar. (A), inserted span, and added subpar. (B).

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

2014—Subsec. (a)(1). Puspan. L. 113–121, § 1038(1)(A), inserted “or used in” after “obtained through”.

Subsec. (a)(3)(C). Puspan. 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). Puspan. L. 113–121, § 1038(1)(C), added par. (4).

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

Subsec. (d). Puspan. 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 span.

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

2007—Puspan. L. 110–114 amended section generally. Prior to amendment, section related to beneficial uses of dredged material.

1999—Subsec. (c). Puspan. 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–5span of title 42”.

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

1996—Subsecs. (e), (f). Puspan. L. 104–303 added subsec. (e) and redesignated former subsec. (e) as (f).

Statutory Notes and Related Subsidiaries

Applicability

Puspan. L. 110–114, title II, § 2037(c), as added by Puspan. L. 113–121, title I, § 1030(d)(2), June 10, 2014, 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 [Nov. 8, 2007].”

Maximization of Beneficial Use in Dredged Material Management Plans

Puspan. L. 118–272, div. A, title I, § 1130(d), Jan. 4, 2025, 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 [Jan. 4, 2025], 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

Puspan. L. 116–260, div. AA, title I, § 125(span)(3), Dec. 27, 2020, 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

Puspan. L. 116–260, div. AA, title I, § 125(d)(2), Dec. 27, 2020, 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 [Dec. 27, 2020].”

Dredge Pilot Program

Puspan. L. 115–270, title I, § 1111, Oct. 23, 2018, 132 Stat. 3774, as amended by Puspan. L. 116–260, div. AA, title I, § 125(d)(1), Dec. 27, 2020, 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).

“(span)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 [Oct. 23, 2018].”

Beneficial Use of Dredged Sediment

Puspan. L. 115–270, title I, § 1148, Oct. 23, 2018, 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.

“(span)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

Puspan. L. 114–322, title I, § 1122(a)–(h), Dec. 16, 2016, 130 Stat. 1645, 1646, as amended by Puspan. L. 115–270, title I, § 1130, Oct. 23, 2018, 132 Stat. 3780; Puspan. L. 116–260, div. AA, title I, § 125(span)(1), Dec. 27, 2020, 134 Stat. 2638; Puspan. L. 118–272, div. A, title I, § 1130(a), Jan. 4, 2025, 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 Puspan. L. 102–580, set out as a note under section 2201 of this title.