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

Summary

The Secretary may carry out projects that put dredged material to good use. The work can serve eight purposes, including reducing flood and storm damage, improving public safety, protecting or creating aquatic habitats, stabilizing streams and shorelines, supporting recreation and risk-management strategies, lowering dredging and disposal costs by reusing material (for construction, civic projects, or other innovative uses), and recovering lost reservoir storage when combined with one of those other purposes. The Secretary must find and run projects, work with State agencies when choosing them, and pick projects only for their environmental, economic, and social benefits and to keep a range of project types and locations. The Secretary must set up regional teams led by the relevant Corps division commander and include Corps, State, local, Federal, and other representatives. Projects must maximize beneficial placement of dredged material, combine projects when practical, coordinate dredges and equipment, use efficient contracting and permitting allowed by current law, encourage intergovernmental cooperation, follow best practices for using sediments, and meet all environmental laws. Projects follow the cost-sharing rules in section 2326, except the non-Federal interest does not have to pay any extra transport or placement cost that exceeds what would apply under the Federal standard (as defined in 33 CFR 335.7). Not later than 2 years after December 16, 2016, and annually after that, the Secretary must report to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives with project descriptions, supporting documents, team findings, and any recommendations. Projects may be carried out even if they differ from the definition of “Federal standard” in 33 CFR 335.7.

Title 33, §2326i

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)The Secretary is authorized to carry out projects for the beneficial use of dredged material, including projects for the purposes of—

(1)promoting resiliency and reducing the risk to property and infrastructure of flooding and storm damage;

(2)promoting public safety;

(3)protecting, restoring, and creating aquatic ecosystem habitats;

(4)stabilizing stream systems and enhancing shorelines;

(5)promoting recreation;

(6)supporting risk management adaptation strategies;

(7)reducing the costs of dredging and dredged material placement or disposal, such as projects that use dredged material for—

(A)construction or fill material;

(B)civic improvement objectives; and

(C)other innovative uses and placement alternatives that produce public economic or environmental benefits; and

(8)recovering lost storage capacity in reservoirs due to sediment accumulation, if the project also has a purpose described in any of paragraphs (1) through (7).

(b)In carrying out this section, the Secretary shall—

(1)identify and carry out projects for the beneficial use of dredged material;

(2)consult with relevant State agencies in selecting projects; and

(3)select projects solely on the basis of—

(A)the environmental, economic, and social benefits of the projects, including monetary and nonmonetary benefits; and

(B)the need for a diversity of project types and geographical project locations.

(c)(1)The Secretary shall establish regional beneficial use teams to identify and assist in the implementation of projects under this section.

(2)(A)For each regional beneficial use team established under paragraph (1), the Secretary shall appoint the Commander of the relevant division of the Corps of Engineers to serve as the head of the team.

(B)The membership of each regional beneficial use team shall include—

(i)representatives of relevant Corps of Engineers districts and divisions;

(ii)representatives of relevant State and local agencies; and

(iii)representatives of Federal agencies and such other entities as the Secretary determines appropriate, consistent with the purposes of this section.

(d)The Secretary shall carry out this section in a manner that—

(1)maximizes the beneficial placement of dredged material from Federal and non-Federal navigation channels;

(2)incorporates, to the maximum extent practicable, 2 or more Federal navigation, flood control, storm damage reduction, or environmental restoration projects;

(3)coordinates the mobilization of dredges and related equipment, including through the use of such efficiencies in contracting and environmental permitting as can be implemented under existing laws and regulations;

(4)fosters Federal, State, and local collaboration;

(5)implements best practices to maximize the beneficial use of dredged sand and other sediments; and

(6)ensures that the use of dredged material is consistent with all applicable environmental laws.

(e)(1)Projects carried out under this section shall be subject to the cost-sharing requirements applicable to projects carried out under section 2326 of this title.

(2)Notwithstanding paragraph (1), if the cost of transporting and depositing dredged material for a project carried out under this section exceeds the cost of carrying out those activities pursuant to any other water resources project in accordance, if applicable, with the Federal standard (as defined in section 335.7 of title 33, Code of Federal Regulations), the Secretary may not require the non-Federal interest to bear the additional cost of such activities.

(f)Not later than 2 years after December 16, 2016, and annually thereafter, 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 that includes—

(1)a description of the projects selected to be carried out under this section;

(2)documentation supporting each of the projects selected;

(3)the findings of regional beneficial use teams regarding project selection; and

(4)any recommendations of the Secretary or regional beneficial use teams with respect to the implementation of this section.

(g)The projects carried out under this section shall be carried out notwithstanding the definition of the term “Federal standard” in section 335.7 of title 33, Code of Federal Regulations.

(h)

(i)

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly set out as a note under section 2326 of this title. Section was enacted as part of the Water Resources Development Act of 2016, and also as part of the Water Infrastructure Improvements for the Nation Act, also known as the WIIN Act, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Section is based on section 1122 of Pub. L. 114–322. Subsecs. (i) and (j) of section 1122 of Pub. L. 114–322 amended section 2326 of this title and section 1962d–5f of Title 42, The Public Health and Welfare, respectively.

Amendments

2025—Subsec. (a). Pub. L. 118–272, § 1130(a)(1)(A), substituted “The Secretary is authorized” for “Not later than 90 days after December 16, 2016, the Secretary shall establish a pilot program” in introductory provisions. Subsec. (a)(1). Pub. L. 118–272, § 1130(a)(1)(B), added par. (1) and struck out former par. (1) which read as follows: “reducing storm damage to property and infrastructure;”. Subsec. (b). Pub. L. 118–272, § 1130(a)(2)(A), substituted “this section” for “the pilot program” in introductory provisions. Subsec. (b)(1). Pub. L. 118–272, § 1130(a)(2)(B), added par. (1) and struck out former par. (1) which read as follows: “identify for inclusion in the pilot program and carry out 35 projects for the beneficial use of dredged material;”. Subsec. (c)(1). Pub. L. 118–272, § 1130(a)(3), substituted “The” for “In carrying out the pilot program, the” and “under this section” for “under the pilot program”. Subsec. (d). Pub. L. 118–272, § 1130(a)(4), substituted “this section” for “the pilot program” in introductory provisions. Subsec. (f)(1). Pub. L. 118–272, § 1130(a)(5)(A), substituted “this section” for “the pilot program”. Subsec. (f)(4). Pub. L. 118–272, § 1130(a)(5)(B), substituted “the implementation of this section” for “the pilot program”. Subsecs. (g), (h). Pub. L. 118–272, § 1130(a)(6), redesignated subsec. (h) as (g) and struck out former subsec. (g) which provided that the pilot program would terminate after completion of the 35 projects carried out pursuant to subsec. (b)(1). 2020—Subsec. (a)(8). Pub. L. 116–260, § 125(b)(1)(A), added par. (8). Subsecs. (b)(1), (g). Pub. L. 116–260, § 125(b)(1)(B), (C), substituted “35” for “20”. 2018—Subsecs. (b)(1), (g). Pub. L. 115–270 substituted “20” for “10”.

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 1002 of Pub. L. 114–322, set out as a note under section 2201 of this title.

§2326i Beneficial Use of Dredged Material