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Title 42, The Public Health and WelfareRelease 119-73not60

§1962d–5e Wetland Areas

Title 42 › Chapter 19B— WATER RESOURCES PLANNING › Subchapter IV— MISCELLANEOUS PROVISIONS › § 1962d–5e

Last updated Apr 5, 2026|Official source

Summary

Allows the Secretary of the Army, through the Chief of Engineers, to create wetland areas as part of approved water projects if three things are true: the environmental, economic, and social benefits justify the extra cost; the extra cost does not exceed $400,000; and there is reasonable evidence the wetland won’t be largely destroyed by natural or human causes. Reports to Congress filed after October 22, 1976 must consider creating wetlands when appropriate. When counting a project’s costs and benefits, the wetland’s benefits count at least equal to its cost. The United States pays all costs to set up the wetland.

Full Legal Text

Title 42, §1962d–5e

The Public Health and Welfare, Source: USLM XML via OLRC

(a)The Secretary of the Army, acting through the Chief of Engineers, is authorized to plan and establish wetland areas as part of an authorized water resources development project under his jurisdiction. Establishment of any wetland area in connection with the dredging required for such a water resources development project may be undertaken in any case where the Chief of Engineers in his judgment finds that—
(1)environmental, economic, and social benefits of the wetland area justifies the increased cost thereof above the cost required for alternative methods of disposing of dredged material for such project; and
(2)the increased cost of such wetland area will not exceed $400,000; and
(3)there is reasonable evidence that the wetland area to be established will not be substantially altered or destroyed by natural or man-made causes.
(b)Whenever the Secretary of the Army, acting through the Chief of Engineers, submits to Congress a report on a water resources development project after October 22, 1976, such report shall include, where appropriate, consideration of the establishment of wetland areas.
(c)In the computation of benefits and cost of any water resources development project the benefits of establishing of any wetland area shall be deemed to be at least equal to the cost of establishing such area. All costs of establishing a wetland area shall be borne by the United States.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Water Resources Development Act of 1976, and not as part of the Water Resources Planning Act which comprises this chapter.

Reference

Citations & Metadata

Citation

42 U.S.C. § 1962d–5e

Title 42, The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60