PUBLIC LAW 110–114—NOV. 8, 2007
121 STAT. 1095
‘‘SEC. 204. REGIONAL SEDIMENT MANAGEMENT.
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‘‘(a) IN GENERAL.— ‘‘(1) SEDIMENT USE.—For sediment obtained through the construction, operation, or maintenance of an authorized Federal water resources project, the Secretary shall develop, at Federal expense, regional sediment management plans and carry out projects at locations identified in plans developed under this section, or identified jointly by the non-Federal interest and the Secretary, for use in the construction, repair, modification, or rehabilitation of projects associated with Federal water resources projects for purposes listed in paragraph (3). ‘‘(2) COOPERATION.—The Secretary shall develop plans under this subsection in cooperation with the appropriate Federal, State, regional, and local agencies. ‘‘(3) PURPOSES FOR SEDIMENT USE IN PROJECTS.—The purposes of using sediment for the construction, repair, modification, or rehabilitation of Federal water resources projects are— ‘‘(A) to reduce storm damage to property; ‘‘(B) to protect, restore, and create aquatic and ecologically related habitats, including wetlands; and ‘‘(C) to transport and place suitable sediment. ‘‘(b) SECRETARIAL FINDINGS.—Subject to subsection (c), projects carried out under subsection (a) may be carried out in any case in which the Secretary finds that— ‘‘(1) the environmental, economic, and social benefits of the project, both monetary and nonmonetary, justify the cost of the project; and ‘‘(2) the project will not result in environmental degradation. ‘‘(c) DETERMINATION OF PROJECT COSTS.— ‘‘(1) COSTS OF CONSTRUCTION.— ‘‘(A) IN GENERAL.—Costs associated with construction of a project under this section or identified in a regional sediment management plan shall be limited solely to construction costs that are in excess of the costs necessary to carry out the dredging for construction, operation, or maintenance of an authorized Federal water resources project in the most cost-effective way, consistent with economic, engineering, and environmental criteria. ‘‘(B) COST SHARING.— ‘‘(i) IN GENERAL.—Except as provided in clause (ii), the non-Federal share of the construction cost of a project under this section shall be determined as provided in subsections (a) through (d) of section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213). ‘‘(ii) SPECIAL RULE.—Construction of a project under this section for one or more of the purposes of protection, restoration, or creation of aquatic and ecologically related habitat, the cost of which does not exceed $750,000 and which is located in a disadvantaged community as determined by the Secretary, may be carried out at Federal expense. ‘‘(C) TOTAL COST.—The total Federal costs associated with construction of a project under this section may not exceed $5,000,000.
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