Title 33Navigation and Navigable WatersRelease 119-73

§2326g Beneficial use of dredged material; dredged material management plans

Title 33 › Chapter CHAPTER 36— - WATER RESOURCES DEVELOPMENT › Subchapter SUBCHAPTER V— - GENERAL PROVISIONS › § 2326g

Last updated Apr 6, 2026|Official source

Summary

The Corps of Engineers must try to put most dredged material to useful purposes while protecting the environment. The Secretary must, as much as possible, make sure at least 70 percent by volume (measured in cubic yards) of suitable dredged material from construction or upkeep of water projects is reused for beneficial purposes. When deciding where to place dredged material, the Secretary must look at whether the material can be used in many helpful ways and weigh the environmental effects (including on live coral) and the economic benefits and efficiencies, including effects when projects are combined. The Secretary must include those economic results when applying the “Federal standard” in 33 CFR 335.7 and must send Congress (1) a report explaining the method and factors used to set that Federal standard, and (2) for each evaluation, a report showing the calculations of economic and environmental benefits and efficiencies considered, including when alternative dredging equipment or disposal methods were used.

Full Legal Text

Title 33, §2326g

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)(1)(A)It is the policy of the United States for the Corps of Engineers to maximize the beneficial use, in an environmentally acceptable manner, of suitable dredged material obtained from the construction or operation and maintenance of water resources development projects.
(B)To the greatest extent practicable, the Secretary shall ensure that not less than 70 percent by volume (as measured in cubic yards) of suitable dredged material obtained from the construction or operation and maintenance of water resources development projects is used beneficially.
(2)(A)In evaluating the placement of dredged material obtained from the construction or operation and maintenance of water resources development projects, the Secretary shall consider—
(i)the suitability of the dredged material for a full range of beneficial uses; and
(ii)the economic and environmental benefits, efficiencies, and impacts (including the effects on living coral) of using the dredged material for beneficial uses, including, in the case of beneficial use activities that involve more than one water resources development project, the benefits, efficiencies, and impacts that result from the combined activities.
(B)(i)The economic benefits and efficiencies from the beneficial use of dredged material considered by the Secretary under subparagraph (A) shall be included in any determination relating to the “Federal standard” by the Secretary under section 335.7 of title 33, Code of Federal Regulations, for the placement or disposal of such material.
(ii)The Secretary shall submit to Congress—
(I)a report detailing the method and all of the factors utilized by the Corps of Engineers to determine the Federal standard referred to in clause (i); and
(II)for each evaluation under subparagraph (A), a report displaying the calculations for economic and environmental benefits and efficiencies from the beneficial use of dredged material (including, where appropriate, the utilization of alternative dredging equipment and dredging disposal methods) considered by the Secretary under such subparagraph for the placement or disposal of such material.
(C)

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Section is comprised of section 125(a) of div. AA of Pub. L. 116–260. Par. (2)(C) of section 125(a) of div. AA of Pub. L. 116–260 amended section 2326 of this title.

Amendments

2025—Subsec. (a)(1). Pub. L. 118–272 designated existing provisions as subpar. (A), inserted heading, and added subpar. (B).

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title.

Reference

Citations & Metadata

Citation

33 U.S.C. § 2326g

Title 33Navigation and Navigable Waters

Last Updated

Apr 6, 2026

Release point: 119-73