42 U.S.C. § 1962d-5e : US Code - Section 1962D-5E: Wetland areas

Search 42 U.S.C. § 1962d-5e : US Code - Section 1962D-5E: Wetland areas

(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.