Sec. 125. Beneficial use of dredged material; dredged material management plans
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It is the policy of the United States for the Corps of Engineers to maximize the beneficial use, in an environmentally acceptable manner, of suitable dredged material obtained from the construction or operation and maintenance of water resources development projects. In evaluating the placement of dredged material obtained from the construction or operation and maintenance of water resources development projects, the Secretary shall consider— the suitability of the dredged material for a full range of beneficial uses; and 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.
The economic benefits and efficiencies from the beneficial use of dredged material considered by the Secretary under subparagraph
(A)shall be included in any determination relating to the Federal standard by the Secretary under section 335.7 of title 33, Code of Federal Regulations, for the placement or disposal of such material. The Secretary shall submit to Congress— a report detailing the method and all of the factors utilized by the Corps of Engineers to determine the Federal standard referred to in clause (i); and for each evaluation under subparagraph (A), a report displaying the calculations for economic and environmental benefits and efficiencies from the beneficial use of dredged material (including, where appropriate, the utilization of alternative dredging equipment and dredging disposal methods) considered by the Secretary under such subparagraph for the placement or disposal of such material. Section 204(d) of the Water Resources Development Act of 1992 ( 33 U.S.C. 2326(d) ) is amended— in paragraph (1)— in the matter preceding subparagraph (A), by striking In developing and all that follows through the non-Federal interest, and inserting At the request of the non-Federal interest for a water resources development project involving the disposal of dredged material, the Secretary, using funds appropriated for construction or operation and maintenance of the project, may select ; and in subparagraph (B), by striking flood and storm damage and flood reduction benefits and inserting hurricane and storm or flood risk reduction benefits ; and by adding at the end the following: Activities carried out under this subsection— shall be carried out using amounts appropriated for construction or operation and maintenance of the project involving the disposal of the dredged material; and shall not carried out using amounts made available under subsection (g). . Section 1122 of the Water Resources Development Act of 2016 ( 33 U.S.C. 2326 note) is amended— in subsection (a)— in paragraph (6), by striking ; and and inserting a semicolon; in paragraph (7)(C), by striking the period at the end and inserting ; and ; and by adding at the end the following: 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). ; in subsection (b)(1), by striking 20 and inserting 35 ; and in subsection (g), by striking 20 and inserting 35 . It is the sense of Congress that the Secretary, in selecting projects for the beneficial use of dredged materials under section 1122 of the Water Resources Development Act of 2016 ( 33 U.S.C. 2326 note), should ensure the thorough evaluation of project submissions from rural, small, and economically disadvantaged communities. In selecting projects for the beneficial use of dredged materials under section 1122 of the Water Resources Development Act of 2016 ( 33 U.S.C. 2326 note), the Secretary shall prioritize the selection of at least one project for the utilization of thin layer placement of dredged fine and coarse grain sediment and at least one project for recovering lost storage capacity in reservoirs due to sediment accumulation authorized by subsection (a)(8) of such section, to the extent that a non-Federal interest has submitted an application for such project purposes that otherwise meets the requirements of such section. Section 1148 of the Water Resources Development Act of 2018 ( 33 U.S.C. 2326 note) is amended— in subsection (a)— by striking grant and inserting approve ; and by striking granting and inserting approving ; and in subsection (b), by striking grants and inserting approves . Not later than 1 year after the date of enactment of this Act, 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. Each plan developed under this subsection shall include— a dredged material budget for each watershed or littoral system within the district; 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; 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; an evaluation of— the suitability of the dredged material for a full range of beneficial uses; and 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; 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 a description of potential beneficial use projects identified through stakeholder solicitation and coordination. 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. 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. As soon as practicable after receiving a plan under subsection (a), the Secretary shall transmit the plan to Congress. A plan developed under this section— shall be in addition to regional sediment management plans prepared under section 204(a) of the Water Resources Development Act of 1992 ( 33 U.S.C. 2326(a) ); and shall not be subject to the limitations in section 204(g) of the Water Resources Development Act of 1992 ( 33 U.S.C. 2326(g) ). Section 1111 of the Water Resources Development Act of 2018 ( 33 U.S.C. 2326 note) is amended— in subsection (a), by striking for the operation and maintenance of harbors and inland harbors and all that follows through the period at the end and inserting the following: “for the operation and maintenance of— harbors and inland harbors referred to in section 210(a)(2) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238(a)(2) ); or inland and intracoastal waterways of the United States described in section 206 of the Inland Waterways Revenue Act of 1978 ( 33 U.S.C. 1804 ). ; and in subsection (b), by striking or inland harbors and inserting , inland harbors, or inland or intracoastal waterways . The Secretary may carry out the dredge pilot program authorized by section 1111 of the Water Resources Development Act of 2018 ( 33 U.S.C. 2326 note) in coordination with Federal regional dredge demonstration programs in effect on the date of enactment of this Act.
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Sec. 125
Beneficial use of dredged material; dredged material management plans
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