33 U.S.C. § 2326c: Reservoir sediment

Summary

Within 180 days after October 23, 2018, and after giving public notice, the Secretary must use available funds to accept offers from non‑Federal or commercial groups to remove sediment from behind dams the United States owns or runs, to restore the dam’s storage. The Secretary must check that the work fits the project’s purpose, require the provider to cover or agree to fix any damage to the dam, and make the provider do sediment surveys before and after the work. The Secretary cannot accept the work if, after talking with the Chief of Engineers, it is not advantageous to the United States, and if so must send a written explanation to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate. The Secretary must also notify those same committees in writing before accepting the services. The company that removes sediment may keep, use, recycle, sell, or otherwise dispose of the sediment, and the Army Corps of Engineers may not charge for its value. Not later than 3 years after October 23, 2018, the Secretary must send a report on the program’s results to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

Title 33, §2326c

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)In general

Not later than 180 days after October 23, 2018, and after providing public notice, the Secretary shall, using available funds, accept services provided by a non-Federal interest or commercial entity for removal of sediment captured behind a dam owned or operated by the United States and under the jurisdiction of the Secretary for the purpose of restoring the authorized storage capacity of the project concerned.

(b)Requirements

In carrying out this section, the Secretary shall—

(1)review the services of the non-Federal interest or commercial entity to ensure that the services are consistent with the authorized purposes of the project concerned;

(2)ensure that the non-Federal interest or commercial entity will indemnify the United States for, or has entered into an agreement approved by the Secretary to address, any adverse impact to the dam as a result of such services; and

(3)require the non-Federal interest or commercial entity, prior to initiating the services and upon completion of the services, to conduct sediment surveys to determine the pre- and post-services sediment profile and sediment quality.

(c)Limitation

(1)In general

The Secretary may not accept services under subsection (a) if the Secretary, after consultation with the Chief of Engineers, determines that accepting the services is not advantageous to the United States.

(2)Report to Congress

If the Secretary makes a determination under paragraph (1), the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate written notice describing the reasoning for the determination.

(d)Disposition of removed sediment

In exchange for providing services under subsection (a), a non-Federal interest or commercial entity is authorized to retain, use, recycle, sell, or otherwise dispose of any sediment removed in connection with the services and the Corps of Engineers may not seek any compensation for the value of the sediment.

(e)Congressional notification

Prior to accepting services provided by a non-Federal interest or commercial entity under this section, the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate written notice of the acceptance of the services.

(f)Report to Congress

Not later than 3 years after October 23, 2018, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the results of the program under this section.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Water Resources Development Act of 2000, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Amendments

2018—Subsec. (a). Pub. L. 115–270, § 1146(1), substituted “

October 23, 2018” for “

December 16, 2016” and “shall, using available funds, accept” for “shall establish, using available funds, a pilot program to accept”. Subsec. (b)(4). Pub. L. 115–270, § 1146(2), struck out par. (4) which read as follows: “limit the number of dams for which services are accepted to 10.” Subsec. (f). Pub. L. 115–270, § 1146(3), added subsec. (f) and struck out former subsec. (f). Prior to amendment, text read as follows: “Upon completion of services at the 10 dams allowed under subsection (b)(4), the Secretary shall make publicly available and submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report documenting the results of the services.” 2016—Pub. L. 114–322 amended section generally. Prior to amendment, section related to a program for direct marketing of dredged material and a pilot program for dredged material recycling.

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 106–541, set out as a note under section 2201 of this title.

§2326c Reservoir Sediment