
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 106-541 Section 505]
[CITE: 33USC2326b]

 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
                 CHAPTER 36--WATER RESOURCES DEVELOPMENT
 
                    SUBCHAPTER V--GENERAL PROVISIONS
 
Sec. 2326b. Sediment management


(a) In general

    The Secretary may enter into cooperation agreements with non-Federal 
interests with respect to navigation projects, or other appropriate non-
Federal entities, for the development of long-term management strategies 
for controlling sediments at such projects.

(b) Contents of strategies

    Each strategy developed under subsection (a) of this section shall--
        (1) include assessments of sediment rates and composition, 
    sediment reduction options, dredging practices, long-term management 
    of any dredged material disposal facilities, remediation of such 
    facilities, and alternative disposal and reuse options;
        (2) include a timetable for implementation of the strategy; and
        (3) incorporate relevant ongoing planning efforts, including 
    remedial action planning, dredged material management planning, 
    harbor and waterfront development planning, and watershed management 
    planning.

(c) Consultation

    In developing strategies under subsection (a) of this section, the 
Secretary shall consult with interested Federal agencies, States, and 
Indian tribes and provide an opportunity for public comment.

(d) Dredged material disposal

                              (1) Study

        The Secretary shall conduct a study to determine the feasibility 
    of constructing and operating an underwater confined dredged 
    material disposal site in the Port of New York-New Jersey that could 
    accommodate as much as 250,000 cubic yards of dredged material for 
    the purpose of demonstrating the feasibility of an underwater 
    confined disposal pit as an environmentally suitable method of 
    containing certain sediments.

                             (2) Report

        The Secretary shall transmit to Congress a report on the results 
    of the study conducted under paragraph (1), together with any 
    recommendations of the Secretary that may be developed in a strategy 
    under subsection (a) of this section.

(e) Great Lakes tributary model

                           (1) In general

        In consultation and coordination with the Great Lakes States, 
    the Secretary shall develop a tributary sediment transport model for 
    each major river system or set of major river systems depositing 
    sediment into a Great Lakes federally authorized commercial harbor, 
    channel maintenance project site, or Area of Concern identified 
    under the Great Lakes Water Quality Agreement of 1978. Such model 
    may be developed as a part of a strategy developed under subsection 
    (a) of this section.

                     (2) Requirements for models

        In developing a tributary sediment transport model under this 
    subsection, the Secretary shall build on data and monitoring 
    information generated in earlier studies and programs of the Great 
    Lakes and their tributaries.

                             (3) Report

        Not later than December 31, 2003, the Secretary shall transmit 
    to Congress a report on the Secretary's activities under this 
    subsection.

(f) ``Great Lakes States'' defined

    In this section, the term ``Great Lakes States'' means the States of 
Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, 
and Wisconsin.

(g) Authorization of appropriations

                           (1) In general

        There is authorized to be appropriated to the Secretary to carry 
    out this section $5,000,000 for each of fiscal years 1998 through 
    2001.

                   (2) Great Lakes tributary model

        In addition to amounts made available under paragraph (1), there 
    is authorized to be appropriated to carry out subsection (e) of this 
    section $5,000,000 for each of fiscal years 2002 through 2006.

(Pub. L. 104-303, title V, Sec. 516, Oct. 12, 1996, 110 Stat. 3763; Pub. 
L. 106-541, title V, Sec. 505, Dec. 11, 2000, 114 Stat. 2645.)

                          Codification

    Section was enacted as part of the Water Resources Development Act 
of 1996, and not as part of the Water Resources Development Act of 1986 
which comprises this chapter.


                               Amendments

    2000--Subsec. (e)(3). Pub. L. 106-541, Sec. 505(1), added par. (3).
    Subsec. (g). Pub. L. 106-541, Sec. 505(2), designated existing 
provisions as par. (1), inserted heading, realigned margins, and added 
par. (2).


           New York-New Jersey Harbor, New York and New Jersey

    Pub. L. 106-53, title V, Sec. 540, Aug. 17, 1999, 113 Stat. 350, 
provided that:
    ``(a) In General.--The Secretary shall conduct a study to analyze 
the economic and environmental benefits and costs of potential sediment 
management and contaminant reduction measures.
    ``(b) Cooperative Agreements.--In conducting the study, the 
Secretary may enter into cooperative agreements with non-Federal 
interests to investigate, develop, and support measures for sediment 
management and reduction of sources of contaminant that affect 
navigation in the Port of New York-New Jersey and the environmental 
conditions of the New York-New Jersey Harbor estuary.''


                          ``Secretary'' Defined

    Secretary means the Secretary of the Army, see section 2 of Pub. L. 
104-303, set out as a note under section 2201 of this title.
