33 U.S.C. § 2326 : US Code - Section 2326: Beneficial uses of dredged material

Search 33 U.S.C. § 2326 : US Code - Section 2326: Beneficial uses of dredged material

(a) In general
The Secretary is authorized to carry out projects for the
protection, restoration, and creation of aquatic and ecologically
related habitats, including wetlands, in connection with dredging
for construction, operation, or maintenance by the Secretary of an
authorized navigation project.
(b) Secretarial findings
Subject to subsection (c) of this section, projects for the
protection, restoration, or creation of aquatic and ecologically
related habitats may be undertaken in any case where the Secretary
finds that -
(1) the environmental, economic, and social benefits of the
project, both monetary and nonmonetary, justify the cost thereof;
and
(2) the project would not result in environmental degradation.
(c) Cooperative agreement
Any project undertaken pursuant to this section shall be
initiated only after non-Federal interests have entered into a
binding agreement with the Secretary in which the non-Federal
interests agree to -
(1) provide 25 percent of the cost associated with construction
of the project for the protection, restoration, and creation of
aquatic and ecologically related habitats, including provision of
all lands, easements, rights-of-way, and necessary relocations;
and
(2) pay 100 percent of the operation, maintenance, replacement,
and rehabilitation costs associated with the project for the
protection, restoration, and creation of aquatic and ecologically
related habitats.
(d) Determination of construction costs
Costs associated with construction of a project for the
protection, restoration, and creation of aquatic and ecologically
related habitats shall be limited solely to construction costs
which are in excess of those costs necessary to carry out the
dredging for construction, operation, or maintenance of the
authorized navigation project in the most cost effective way,
consistent with economic, engineering, and environmental criteria.
(e) Selection of dredged material disposal method
In developing and carrying out a project for navigation involving
the disposal of dredged material, the Secretary may select, with
the consent of the non-Federal interest, a disposal method that is
not the least-cost option if the Secretary determines that the
incremental costs of such disposal method are reasonable in
relation to the environmental benefits, including the benefits to
the aquatic environment to be derived from the creation of wetlands
and control of shoreline erosion. The Federal share of such
incremental costs shall be determined in accordance with subsection
(c) of this section.
(f) Authorization of appropriations
There is authorized to be appropriated not to exceed $15,000,000
annually to carry out this section. Such sums shall remain
available until expended.
(g) Nonprofit entities
Notwithstanding section 1962d-5b of title 42, for any project
carried out under this section, a non-Federal interest may include
a nonprofit entity, with the consent of the affected local
government.