33 USC 2326i - Beneficial use of dredged material

United States Code

USC most recently checked for updates: Jun 09, 2025

§ 2326h. Five-year regional dredged material management plans

§ 2326j. Transfer of suitable dredged material

U.S. Code
Notes

§ 2326i.

Beneficial use of dredged material

(a)

In general

The Secretary is authorized to carry out projects for the beneficial use of dredged material, including projects for the purposes of—

(1)

promoting resiliency and reducing the risk to property and infrastructure of flooding and storm damage;

(2)

promoting public safety;

(3)

protecting, restoring, and creating aquatic ecosystem habitats;

(4)

stabilizing stream systems and enhancing shorelines;

(5)

promoting recreation;

(6)

supporting risk management adaptation strategies;

(7)

reducing the costs of dredging and dredged material placement or disposal, such as projects that use dredged material for—

(A)

construction or fill material;

(B)

civic improvement objectives; and

(C)

other innovative uses and placement alternatives that produce public economic or environmental benefits; and

(8)

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).

(b)

Project selection

In carrying out this section, the Secretary shall—

(1)

identify and carry out projects for the beneficial use of dredged material;

(2)

consult with relevant State agencies in selecting projects; and

(3)

select projects solely on the basis of—

(A)

the environmental, economic, and social benefits of the projects, including monetary and nonmonetary benefits; and

(B)

the need for a diversity of project types and geographical project locations.

(c)

Regional beneficial use teams

(1)

In general

The Secretary shall establish regional beneficial use teams to identify and assist in the implementation of projects under this section.

(2)

Composition

(A)

Leadership

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.

(B)

Membership

The membership of each regional beneficial use team shall include—

(i)

representatives of relevant Corps of Engineers districts and divisions;

(ii)

representatives of relevant State and local agencies; and

(iii)

representatives of Federal agencies and such other entities as the Secretary determines appropriate, consistent with the purposes of this section.

(d)

Considerations

The Secretary shall carry out this section in a manner that—

(1)

maximizes the beneficial placement of dredged material from Federal and non-Federal navigation channels;

(2)

incorporates, to the maximum extent practicable, 2 or more Federal navigation, flood control, storm damage reduction, or environmental restoration projects;

(3)

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;

(4)

fosters Federal, State, and local collaboration;

(5)

implements best practices to maximize the beneficial use of dredged sand and other sediments; and

(6)

ensures that the use of dredged material is consistent with all applicable environmental laws.

(e)

Cost sharing

(1)

In general

Projects carried out under this section shall be subject to the cost-sharing requirements applicable to projects carried out under section 2326 of this title.

(2)

Additional costs

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.

(f)

Report

Not later than 2 years after December 16, 2016, 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—

(1)

a description of the projects selected to be carried out under this section;

(2)

documentation supporting each of the projects selected;

(3)

the findings of regional beneficial use teams regarding project selection; and

(4)

any recommendations of the Secretary or regional beneficial use teams with respect to the implementation of this section.

(g)

Exemption from other standards

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.

(h)

Redesignated (g)

(i)

, (j) Omitted

(Pub. L. 114–322, title I, § 1122, Dec. 16, 2016, 130 Stat. 1645, 1646; Pub. L. 115–270, title I, § 1130, Oct. 23, 2018, 132 Stat. 3780; Pub. L. 116–260, div. AA, title I, § 125(b)(1), Dec. 27, 2020, 134 Stat. 2638; Pub. L. 118–272, div. A, title I, § 1130(a), Jan. 4, 2025, 138 Stat. 3018.)

cite as: 33 USC 2326i