Sec. 1122. Beneficial use of dredged material
813 words·~4 min read·
/bill/114/s/612/enr/section-1122·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a pilot program to carry out projects for the beneficial use of dredged material, including projects for the purposes of— reducing storm damage to property and infrastructure; promoting public safety; protecting, restoring, and creating aquatic ecosystem habitats; stabilizing stream systems and enhancing shorelines; promoting recreation; supporting risk management adaptation strategies; and reducing the costs of dredging and dredged material placement or disposal, such as projects that use dredged material for— construction or fill material; civic improvement objectives; and other innovative uses and placement alternatives that produce public economic or environmental benefits.
In carrying out the pilot program, the Secretary shall— identify for inclusion in the pilot program and carry out 10 projects for the beneficial use of dredged material; consult with relevant State agencies in selecting projects; and select projects solely on the basis of— the environmental, economic, and social benefits of the projects, including monetary and nonmonetary benefits; and the need for a diversity of project types and geographical project locations. In carrying out the pilot program, the Secretary shall establish regional beneficial use teams to identify and assist in the implementation of projects under the pilot program.
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. The membership of each regional beneficial use team shall include— representatives of relevant Corps of Engineers districts and divisions; representatives of relevant State and local agencies; and representatives of Federal agencies and such other entities as the Secretary determines appropriate, consistent with the purposes of this section.
The Secretary shall carry out the pilot program in a manner that— maximizes the beneficial placement of dredged material from Federal and non-Federal navigation channels; incorporates, to the maximum extent practicable, 2 or more Federal navigation, flood control, storm damage reduction, or environmental restoration projects; 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; fosters Federal, State, and local collaboration; implements best practices to maximize the beneficial use of dredged sand and other sediments; and ensures that the use of dredged material is consistent with all applicable environmental laws.
Projects carried out under this section shall be subject to the cost-sharing requirements applicable to projects carried out under section 204 of the Water Resources Development Act of 1992 ( 33 U.S.C. 2326 ). 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.
Not later than 2 years after the date of enactment of this Act, 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— a description of the projects selected to be carried out under the pilot program; documentation supporting each of the projects selected; the findings of regional beneficial use teams regarding project selection; and any recommendations of the Secretary or regional beneficial use teams with respect to the pilot program.
The pilot program shall terminate after completion of the 10 projects carried out pursuant to subsection (b)(1). 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. Section 204 of the Water Resources Development Act of 1992 ( 33 U.S.C. 2326 ) is amended— in subsection (a)(1)— by striking For sediment and inserting the following: For sediment ; and by adding at the end the following:
For purposes of projects carried out under this section, the Secretary may include sediment from other Federal sources and non-Federal sources, subject to the requirement that any sediment obtained from a non-Federal source shall not be obtained at Federal expense. ; and in subsection
(d)by adding at the end the following: Disposal of dredged material under this subsection may include a single or periodic application of sediment for beneficial use and shall not require operation and maintenance. The Secretary may accept funds from a non-Federal interest to dispose of dredged material as provided under section 103(d)(1) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213(d)(1) ). . Section 156(e) of the Water Resources Development Act of 1976 (42 U.S.C. 1962d–5f(e)) is amended by striking 3 and inserting 6 .
Connectionstraces to 2
Traces to 2 documents
1 reference not yet in our index
- 42 USC 1962d–5f(e)
Citation graph
cites case law
Cites 3Cited by 0 across 0 sources