42 U.S.C. § 1962d–5e: Wetland areas

Summary

The Secretary of the Army may create wetland areas as part of approved water projects. He can do this only if three things are true: the wetland’s environmental, economic, and social benefits justify the extra cost compared with other ways to dispose of dredged material; the extra cost is no more than $400,000; and there is reasonable evidence the wetland will not be substantially damaged. Reports to Congress after October 22, 1976 on water projects must consider wetland creation when appropriate. For project calculations, wetland benefits count at least equal to their cost, and the United States pays all costs to create the wetland.

Title 42, §1962d–5e

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

(a)Authorization of Secretary of the Army to plan and establish wetland areas; criteria for establishment

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)Reports to Congress

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)Cost

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.

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.

§1962d–5e Wetland Areas

Summary

Title 42, §1962d–5e

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata