For sediment obtained through or used in the construction, operation, or maintenance of an authorized Federal water resources project, including a project authorized for flood control, the Secretary shall develop, at Federal expense, regional sediment management plans and carry out projects at locations identified in plans developed under this section, or identified jointly by the non-Federal interest and the Secretary, for use in the construction, repair, modification, or rehabilitation of projects associated with Federal water resources projects for purposes listed in paragraph (3).
For purposes of projects carried out under this section, the Secretary may include sediment from other Federal sources and non-Federal sources, subject to the requirement that any sediment obtained from a non-Federal source shall not be obtained at Federal expense.
The Secretary shall develop plans under this subsection in cooperation with the appropriate Federal, State, regional, and local agencies.
The purposes of using sediment for the construction, repair, modification, or rehabilitation of Federal water resources projects are-
(A) to reduce storm damage to property;
(B) to protect, restore, and create aquatic and ecologically related habitats, including wetlands; and
(C) to transport and place suitable sediment for the purposes of improving environmental conditions in marsh and littoral systems, stabilizing stream channels, enhancing shorelines, and supporting State and local risk management adaptation strategies.
To reduce or avoid Federal costs, the Secretary shall consider the beneficial use of dredged material in a manner that contributes to the maintenance of sediment resources in the nearby coastal system.
Subject to subsection (c), projects carried out under subsection (a) may be carried out in any case in which the Secretary finds that-
(1) the environmental, economic, and social benefits of the project, both monetary and nonmonetary, justify the cost of the project; and
(2) the project will not result in environmental degradation.
Costs associated with construction of a project under this section or identified in a regional sediment management plan shall be limited solely to construction costs that are in excess of the costs necessary to carry out the dredging for construction, operation, or maintenance of an authorized Federal water resources project in the most cost-effective way, consistent with economic, engineering, and environmental criteria.
Except as provided in clause (ii), the non-Federal share of the construction cost of a project under this section shall be determined as provided in subsections (a) through (d) of section 2213 of this title.
Construction of a project under this section for one or more of the purposes of protection, restoration, or creation of aquatic and ecologically related habitat, the cost of which does not exceed $750,000 and which is located in a disadvantaged community as determined by the Secretary, may be carried out at Federal expense.
The total Federal costs associated with construction of a project under this section may not exceed $10,000,000.
Operation, maintenance, replacement, and rehabilitation costs associated with a project under this section are the responsibility of the non-Federal interest.
In developing and carrying out a Federal water resources project 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 the disposal method are reasonable in relation to-
(A) the environmental benefits, including the benefits to the aquatic environment to be derived from the creation of wetlands and control of shoreline erosion; or
(B) the flood and storm damage and flood reduction benefits, including shoreline protection, protection against loss of life, and damage to improved property.
The Federal share of such incremental costs shall be determined in accordance with subsection (c).
Disposal of dredged material under this subsection may include a single or periodic application of sediment for beneficial use and shall not require operation and maintenance.
The Secretary may accept funds from a non-Federal interest to dispose of dredged material as provided under section 2213(d)(1) of this title.
The Secretary may-
(1) cooperate with any State or group of States in the preparation of a comprehensive State or regional sediment management plan within the boundaries of the State or among States;
(2) encourage State participation in the implementation of the plan; and
(3) submit to Congress reports and recommendations with respect to appropriate Federal participation in carrying out the plan.
In carrying out this section, the Secretary shall give priority to a regional sediment management project in the vicinity of each of the following:
(1) Little Rock Slackwater Harbor, Arkansas.
(2) Fletcher Cove, California.
(3) Egmont Key, Florida.
(4) Calcasieu Ship Channel, Louisiana.
(5) Delaware River Estuary, New Jersey and Pennsylvania.
(6) Fire Island Inlet, Suffolk County, New York.
(7) Smith Point Park Pavilion and the TWA Flight 800 Memorial, Brookhaven, New York.
(8) Morehead City, North Carolina.
(9) Toledo Harbor, Lucas County, Ohio.
(10) Galveston Bay, Texas.
(11) Benson Beach, Washington.
There is authorized to be appropriated to carry out this section $62,500,000 per fiscal year, of which not more than $5,000,000 per fiscal year may be used for the development of regional sediment management plans authorized by subsection (e) and of which not more than $3,000,000 per fiscal year may be used for construction of projects to which subsection (c)(1)(B)(ii) applies. Such funds shall remain available until expended.
(
Section was enacted as part of the Water Resources Development Act of 1992, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
2018-Subsec. (a)(1)(A).
Subsec. (g).
2016-Subsec. (a)(1).
Subsec. (d)(3), (4).
2014-Subsec. (a)(1).
Subsec. (a)(3)(C).
Subsec. (a)(4).
Subsec. (c)(1)(C).
Subsec. (d).
Subsec. (d)(1).
Subsec. (e)(1).
Subsec. (g).
2007-
1999-Subsec. (c).
Subsec. (g).
1996-Subsecs. (e), (f).
"(a)
"(b)
"(c)
"(1) cost effectiveness;
"(2) reliability and performance;
"(3) cost savings attributable to mobilization and demobilization of dredge equipment; and
"(4) response times to address navigational impediments.
"(d)
"(a)
"(b)
"(a)
"(1) reducing storm damage to property and infrastructure;
"(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; and
"(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.
"(b)
"(1) identify for inclusion in the pilot program and carry out 20 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)
"(1)
"(2)
"(A)
"(B)
"(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)
"(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)
"(1)
"(2)
"(f)
"(1) a description of the projects selected to be carried out under the pilot program;
"(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 pilot program.
"(g)
"(h)
Secretary means the Secretary of the Army, see section 3 of