§2326b — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

The Secretary can make agreements with non-Federal partners to create long-term plans to control sediment at navigation projects. Each plan must study how much sediment is coming in and what it is like, ways to reduce sediment, dredging methods, how to run and clean up disposal sites, and other disposal or reuse options. Plans must include a schedule for action and fit with other local and regional planning like cleanup, dredged material management, harbor and waterfront planning, and watershed planning. The Secretary must consult other Federal agencies, States, and Indian tribes and allow public comment. The Secretary must study whether an underwater confined disposal site in the Port of New York-New Jersey that could hold up to 250,000 cubic yards is practical and must send a report and any recommendations to Congress. The Secretary must also work with the Great Lakes States to build sediment-transport models for major rivers feeding federally authorized Great Lakes harbors, use existing data, and report to Congress by December 31, 2003. Great Lakes States: Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin. Money is authorized to do this work: $5,000,000 per year for fiscal years 1998–2001; an extra $5,000,000 per year for fiscal years 2002–2012 for the Great Lakes work; and $10,000,000 to map rapidly changing coastlines in Alaska, Hawaii, and U.S. territories, with that $10,000,000 remaining available until spent.

Title 33, §2326b

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)The Secretary may enter into cooperation agreements with non-Federal interests with respect to navigation projects, or other appropriate non-Federal entities, for the development of long-term management strategies for controlling sediments at such projects.

(b)Each strategy developed under subsection (a) shall—

(1)include assessments of sediment rates and composition, sediment reduction options, dredging practices, long-term management of any dredged material disposal facilities, remediation of such facilities, and alternative disposal and reuse options;

(2)include a timetable for implementation of the strategy; and

(3)incorporate relevant ongoing planning efforts, including remedial action planning, dredged material management planning, harbor and waterfront development planning, and watershed management planning.

(c)In developing strategies under subsection (a), the Secretary shall consult with interested Federal agencies, States, and Indian tribes and provide an opportunity for public comment.

(d)(1)The Secretary shall conduct a study to determine the feasibility of constructing and operating an underwater confined dredged material disposal site in the Port of New York-New Jersey that could accommodate as much as 250,000 cubic yards of dredged material for the purpose of demonstrating the feasibility of an underwater confined disposal pit as an environmentally suitable method of containing certain sediments.

(2)The Secretary shall transmit to Congress a report on the results of the study conducted under paragraph (1), together with any recommendations of the Secretary that may be developed in a strategy under subsection (a).

(e)(1)In consultation and coordination with the Great Lakes States, the Secretary shall develop a tributary sediment transport model for each major river system or set of major river systems depositing sediment into a Great Lakes federally authorized commercial harbor, channel maintenance project site, or Area of Concern identified under the Great Lakes Water Quality Agreement of 1978. Such model may be developed as a part of a strategy developed under subsection (a).

(2)In developing a tributary sediment transport model under this subsection, the Secretary shall build on data and monitoring information generated in earlier studies and programs of the Great Lakes and their tributaries.

(3)Not later than December 31, 2003, the Secretary shall transmit to Congress a report on the Secretary’s activities under this subsection.

(f)In this section, the term “Great Lakes States” means the States of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin.

(g)The Secretary shall develop and carry out a plan for the recurring mapping of coastlines that are experiencing rapid change, including such coastlines in—

(1)Alaska;

(2)Hawaii; and

(3)any territory or possession of the United States.

(h)(1)There is authorized to be appropriated to the Secretary to carry out this section $5,000,000 for each of fiscal years 1998 through 2001.

(2)In addition to amounts made available under paragraph (1), there is authorized to be appropriated to carry out subsection (e) $5,000,000 for each of fiscal years 2002 through 2012.

(3)In addition to amounts made available under paragraph (1), there is authorized to be appropriated to carry out subsection (g) with respect to Alaska, Hawaii, and the territories and possessions of the United States, $10,000,000, to remain available until expended.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Water Resources Development Act of 1996, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Amendments

2020—Subsecs. (g), (h). Pub. L. 116–260, § 148(1), (2), added subsec. (g) and redesignated former subsec. (g) as (h). Subsec. (h)(3). Pub. L. 116–260, § 148(3), added par. (3). 2007—Subsec. (g)(2). Pub. L. 110–114 substituted “through 2012” for “through 2006”. 2000—Subsec. (e)(3). Pub. L. 106–541, § 505(1), added par. (3). Subsec. (g). Pub. L. 106–541, § 505(2), designated existing provisions as par. (1), inserted heading, realigned margins, and added par. (2).

Statutory Notes and Related Subsidiaries

Dredged Material Management Plans Pub. L. 115–270, title I, § 1116, Oct. 23, 2018, 132 Stat. 3776, provided that: “(a) In General.—For purposes of dredged material management plans initiated after the date of enactment of this Act [Oct. 23, 2018], the Secretary [of the Army] shall expedite the dredged material management plan process in order that such plans make maximum use of existing information, studies, and innovative dredged material management practices, and avoid any redundant information collection and studies. “(b) Report.—Not later than 60 days after the date of enactment of this Act, the Secretary shall submit to Congress a report on how the Corps of Engineers intends to meet the requirements of subsection (a).” New York-New Jersey Harbor, New York and New Jersey Pub. L. 106–53, title V, § 540, Aug. 17, 1999, 113 Stat. 350, provided that: “(a) In General.—The Secretary shall conduct a study to analyze the economic and environmental benefits and costs of potential sediment management and contaminant reduction measures. “(b) Cooperative Agreements.—In conducting the study, the Secretary may enter into cooperative agreements with non-Federal interests to investigate, develop, and support measures for sediment management and reduction of sources of contaminant that affect navigation in the Port of New York-New Jersey and the environmental conditions of the New York-New Jersey Harbor estuary.” “Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 104–303, set out as a note under section 2201 of this title.

§2326b Sediment management