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

Summary

Each Army Corps of Engineers district that gets dredged material from building or keeping up water projects must, within 1 year after December 27, 2020 and every year after, prepare and send to the Secretary a five-year plan for managing that material. The plan must be paid for by the federal government and made with input from state agencies and other local stakeholders. The plan must include a dredged-material budget for each watershed or shoreline area; estimates of how much material will be produced in the next five years and when; which projects could accept that material and how much space they have; an evaluation of whether the material can be used beneficially and the economic and environmental effects (including on living coral and combined project effects); district-wide goals for beneficial use and any expected cost savings from coordinating projects; and a list of potential beneficial-use projects found through stakeholder input. Each district must give public notice and let people comment, post the plan online when it is sent to the Secretary, and the Secretary must send it to Congress as soon as practicable. These plans are in addition to regional sediment management plans under section 2326(a) and are not limited by section 2326(g).

Title 33, §2326h

Navigation and Navigable Waters — Source: USLM XML via OLRC

(1)Not later than 1 year after December 27, 2020, and annually thereafter, the District Commander of each district of the Corps of Engineers that obtains dredged material through the construction or operation and maintenance of a water resources development project shall, at Federal expense, develop and submit to the Secretary a 5-year dredged material management plan in coordination with relevant State agencies and stakeholders.

(2)Each plan developed under this subsection shall include—

(A)a dredged material budget for each watershed or littoral system within the district;

(B)an estimate of the amount of dredged material likely to be obtained through the construction or operation and maintenance of all water resources development projects projected to be carried out within the district during the 5-year period following submission of the plan, and the estimated timing for obtaining such dredged material;

(C)an identification of potential water resources development projects projected to be carried out within the district during such 5-year period that are suitable for, or that require, the placement of dredged material, and an estimate of the amount of dredged material placement capacity of such projects;

(D)an evaluation of—

(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;

(E)the district-wide goals for beneficial use of the dredged material, including any expected cost savings from aligning and coordinating multiple projects (including projects across Corps districts) in the use of the dredged material; and

(F)a description of potential beneficial use projects identified through stakeholder solicitation and coordination.

(3)In developing each plan under this subsection, each District Commander shall provide notice and an opportunity for public comment, including a solicitation for stakeholders to identify beneficial use projects, in order to ensure, to the extent practicable, that beneficial use of dredged material is not foregone in a particular fiscal year or dredging cycle.

(4)Upon submission of each plan to the Secretary under this subsection, each District Commander shall make the plan publicly available, including on a publicly available website.

(5)As soon as practicable after receiving a plan under subsection (a), the Secretary shall transmit the plan to Congress.

(6)A plan developed under this section—

(A)shall be in addition to regional sediment management plans prepared under section 2326(a) of this title; and

(B)shall not be subject to the limitations in section 2326(g) of this title.

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.

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.

§2326h Five-year Regional Dredged Material Management Plans

Summary

Title 33, §2326h

Notes & Related Subsidiaries

Editorial Notes

Statutory Notes and Related Subsidiaries

Citations & Metadata