2018 US Code
Title 42 - The Public Health and Welfare
Chapter 19B - Water Resources Planning
Subchapter IV - Miscellaneous Provisions
Sec. 1962d-5e - Wetland areas

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Citation 42 U.S.C. § 1962d-5e (2018)
Section Name §1962d–5e. Wetland areas
Section Text (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.

Source Credit

(Pub. L. 94–587, §150, Oct. 22, 1976, 90 Stat. 2931.)

Editorial Notes CODIFICATION

Section was enacted as part of the Water Resources Development Act of 1976, and not as part of the Water Resources Planning Act which comprises this chapter.

Publication Title United States Code, 2018 Edition, Title 42 - THE PUBLIC HEALTH AND WELFARE
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 19B - WATER RESOURCES PLANNING
SUBCHAPTER IV - MISCELLANEOUS PROVISIONS
Sec. 1962d-5e - Wetland areas
Contains section 1962d-5e
Date 2018
Laws In Effect As Of Date January 14, 2019
Positive Law No
Disposition standard
Statutes at Large References 90 Stat. 2931
Public Law References Public Law 94-587
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