§ 2326c. Reservoir sediment
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/usc/title-33/section-2326cA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)In general Not later than 180 days after October 23, 2018, and after providing public notice, the Secretary shall, using available funds, accept services provided by a non-Federal interest or commercial entity for removal of sediment captured behind a dam owned or operated by the United States and under the jurisdiction of the Secretary for the purpose of restoring the authorized storage capacity of the project concerned.
(b)Requirements In carrying out this section, the Secretary shall—
(1)review the services of the non-Federal interest or commercial entity to ensure that the services are consistent with the authorized purposes of the project concerned;
(2)ensure that the non-Federal interest or commercial entity will indemnify the United States for, or has entered into an agreement approved by the Secretary to address, any adverse impact to the dam as a result of such services; and
(3)require the non-Federal interest or commercial entity, prior to initiating the services and upon completion of the services, to conduct sediment surveys to determine the pre- and post-services sediment profile and sediment quality.
(c)Limitation
(1)In general The Secretary may not accept services under subsection
(a)if the Secretary, after consultation with the Chief of Engineers, determines that accepting the services is not advantageous to the United States.
(2)Report to Congress If the Secretary makes a determination under paragraph (1), the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate written notice describing the reasoning for the determination.
(d)Disposition of removed sediment In exchange for providing services under subsection (a), a non-Federal interest or commercial entity is authorized to retain, use, recycle, sell, or otherwise dispose of any sediment removed in connection with the services and the Corps of Engineers may not seek any compensation for the value of the sediment.
(e)Congressional notification Prior to accepting services provided by a non-Federal interest or commercial entity under this section, the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate written notice of the acceptance of the services.
(f)Report to Congress Not later than 3 years after October 23, 2018, 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 describing the results of the program under this section.
(Pub. L. 106–541, title II, § 215, Dec. 11, 2000, 114 Stat. 2594; Pub. L. 114–322, title I, § 1115(a), Dec. 16, 2016, 130 Stat. 1638; Pub. L. 115–270, title I, § 1146, Oct. 23, 2018, 132 Stat. 3786.)
Connections18 cite this · traces to 3
Cited by 18 sections
public-private-law
- Public Law 114-322Water Infrastructure Improvements for the Nation Act
- Public Law 115-270To provide for improvements to the rivers and harbors of the United States, to provide for the conservation and development of water and related resources, to provide for water pollution control activities, and for other purposes.Oct
statute-compilations
statutes-at-large
- Public Law 106–541To provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, and for other purposes
- Public Law 114–322To provide for improvements to the rivers and harbors of the United States, to provide for the conservation and development of water and related resources, and for other purposes
- Public Law 115–270To provide for improvements to the rivers and harbors of the United States, to provide for the conservation and development of water and related resources, to provide for water pollution control activities, and for other purposes
Traces to 3 documents
public-private-law
- Water Infrastructure Improvements for the Nation ActPublic Law 114-322
- To provide for improvements to the rivers and harbors of the United States, to provide for the conservation and development of water and related resources, to provide for water pollution control activities, and for other purposes.OctPublic Law 115-270
U.S. Code
5 references not yet in our index
- Pub. L. 106–541, title II, § 215
- 114 Stat. 2594
- 130 Stat. 1638
- 132 Stat. 3786
- section 2 of Pub. L. 106–541
Citation graph
cites case law
§ 2326c
Reservoir sediment
Bills×10
Stat. Comp.×3
Stat.×3
Pub. L.×2
Pub. L.Pub. L. 106–541, title II, § 215
Stat.114 Stat. 2594
Stat.130 Stat. 1638
Stat.132 Stat. 3786
Pub. L.section 2 of Pub. L. 106–541
Cites 8Cited by 18 across 4 sources