
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1962d-5e]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                  CHAPTER 19B--WATER RESOURCES PLANNING
 
                 SUBCHAPTER IV--MISCELLANEOUS PROVISIONS
 
Sec. 1962d-5e. Wetland areas


(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.

(Pub. L. 94-587, Sec. 150, Oct. 22, 1976, 90 Stat. 2931.)

                          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.
