2021 US Code
Title 33 - Navigation and Navigable Waters
Chapter 36 - Water Resources Development
Subchapter V - General Provisions
Sec. 2326c - Reservoir sediment

Not later than 180 days after October 23, 2018, and after providing public notice, the Secretary shall, using available funds, accept services provided by a non-Federal interest or commercial entity for removal of sediment captured behind a dam owned or operated by the United States and under the jurisdiction of the Secretary for the purpose of restoring the authorized storage capacity of the project concerned.

In carrying out this section, the Secretary shall—

In exchange for providing services under subsection (a), a non-Federal interest or commercial entity is authorized to retain, use, recycle, sell, or otherwise dispose of any sediment removed in connection with the services and the Corps of Engineers may not seek any compensation for the value of the sediment.

Prior to accepting services provided by a non-Federal interest or commercial entity under this section, the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate written notice of the acceptance of the services.

Not later than 3 years after October 23, 2018, 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 describing the results of the program under this section.

(Pub. L. 106–541, title II, §215, Dec. 11, 2000, 114 Stat. 2594; Pub. L. 114–322, title I, §1115(a), Dec. 16, 2016, 130 Stat. 1638; Pub. L. 115–270, title I, §1146, Oct. 23, 2018, 132 Stat. 3786.)

Section was enacted as part of the Water Resources Development Act of 2000, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

2018—Subsec. (a). Pub. L. 115–270, §1146(1), substituted "October 23, 2018" for "December 16, 2016" and "shall, using available funds, accept" for "shall establish, using available funds, a pilot program to accept".

Subsec. (b)(4). Pub. L. 115–270, §1146(2), struck out par. (4) which read as follows: "limit the number of dams for which services are accepted to 10."

Subsec. (f). Pub. L. 115–270, §1146(3), added subsec. (f) and struck out former subsec. (f). Prior to amendment, text read as follows: "Upon completion of services at the 10 dams allowed under subsection (b)(4), the Secretary shall make publicly available and submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report documenting the results of the services."

2016—Pub. L. 114–322 amended section generally. Prior to amendment, section related to a program for direct marketing of dredged material and a pilot program for dredged material recycling.

Secretary means the Secretary of the Army, see section 2 of Pub. L. 106–541, set out as a note under section 2201 of this title.