Pub. L. 118-272, div. A, tit. I, subtit. A, sec. 1130 (as amended)
MAXIMIZATION OF BENEFICIAL USE.
SEC. 1130. MAXIMIZATION OF BENEFICIAL USE.
(a) [33 U.S.C. 2326note] Beneficial Use of Dredged Material.—Section 1122 of the Water Resources Development Act of 2016 (33 U.S.C. 2326 note) is amended—
(1) in subsection (a)—
(A) by striking “Not later than 90 days after the date of enactment of this Act, the Secretary shall establish 138 STAT. 3019
a pilot program” and inserting “The Secretary is authorized”; and
(B) by striking paragraph (1) and inserting the following:
“(1) promoting resiliency and reducing the risk to property and infrastructure of flooding and storm damage;”
;
(2) in subsection (b)—
(A) in the matter preceding paragraph (1), by striking “the pilot program” and inserting “this section”;
(B) by striking paragraph (1) and inserting the following:
“(1) identify and carry out projects for the beneficial use of dredged material;”
;
(3) in subsection (c)(1)—
(A) by striking “In carrying out the pilot program, the” and inserting “The”; and
(B) by striking “under the pilot program” and inserting “under this section”;
(4) in subsection (d), in the matter preceding paragraph (1), by striking “the pilot program” and inserting “this section”;
(5) in subsection (f)—
(A) in paragraph (1), by striking “the pilot program” and inserting “this section”; and
(B) in paragraph (4), by striking “the pilot program” and inserting “the implementation of this section”; and
(6) by striking subsection (g) and redesignating subsection (h) as subsection (g).
(b) Regional Sediment Management.—Section 204 of the Water Resources Development Act of 1992 (33 U.S.C. 2326) is amended—
(1) in subsection (a)(1), by striking “rehabilitation of projects” and inserting “rehabilitation of projects, including projects for the beneficial use of dredged materials described in section 1122 of the Water Resources Development Act of 2016 (33 U.S.C. 2326 note),”; and
(2) in subsection (f), by adding at the end the following:
“(12) Osceola County, Florida.”
.
(c) Beneficial Use of Dredged Material.—Section 125(a)(1) of the Water Resources Development Act of 2020 (33 U.S.C. 2326g) is amended—
(1) by striking “It is the policy” and inserting the following:
“(A) Policy.—It is the policy”
; and
(2) by adding at the end the following:
“(B) National goal.—To the greatest extent practicable, the Secretary shall ensure that not less than 70 percent by volume (as measured in cubic yards) of suitable dredged material obtained from the construction or operation and maintenance of water resources development projects is used beneficially.”
.
(d) [33 U.S.C. 2326 note] Maximization of Beneficial Use in Dredged Material Management Plans.—Each dredged material management plan for a federally authorized water resources development project, and each regional sediment plan developed under section 204 of the Water Resources Development Act of 1992 (33 U.S.C. 2326), including any such plan under development on the date of enactment of this Act, shall—
(1) maximize the beneficial use of suitable dredged material; and
(2) to the maximum extent practicable, prioritize the use of such dredged material in water resources development projects in areas vulnerable to coastal land loss or shoreline erosion.
(e) [33 U.S.C. 2326j] Transfer of Suitable Dredged Material.—
(1) In general.—The Secretary is authorized to make available to a non-Federal interest, at no additional cost, dredged material that the Secretary has determined is in excess of the amounts identified as needed for use by the Secretary.
(2) Responsibility.—The non-Federal interest shall be responsible for all costs to remove and transport such material, and shall certify that the non-Federal interest is responsible for any and all liability related to the removal of such material or the use of such material once it is removed.
- Cross-references to the US Code
- 33 U.S.C. 2326note33 U.S.C. 2326 note33 U.S.C. 2326j