{"identifier":"/us/usc/t33/s1272","title":33,"num":"\u00a7\u202f1272.","heading":"Environmental dredging","text":"\u00a7\u202f1272.\nEnvironmental dredging\n(a)\nOperation and maintenance of navigation projects\nWhenever necessary to meet the requirements of the Federal Water Pollution Control Act [\n33 U.S.C. 1251\n(b)\nNonproject specific\n(1)\nIn general\nThe Secretary may remove and remediate contaminated sediments from the navigable waters of the United States for the purpose of environmental enhancement and water quality improvement if such removal and remediation is requested by a non-Federal sponsor and the sponsor agrees to pay 35 percent of the cost of such removal and remediation.\n(2)\nMaximum amount\nThe Secretary may not expend more than $50,000,000 in a fiscal year to carry out this subsection.\n(c)\nJoint plan requirement\nThe Secretary may only remove and remediate contaminated sediments under subsection (b) in accordance with a joint plan developed by the Secretary and interested Federal, State, and local government officials. Such plan must include an opportunity for public comment, a description of the work to be undertaken, the method to be used for dredged material disposal, the roles and responsibilities of the Secretary and non-Federal sponsors, and identification of sources of funding.\n(d)\nDisposal costs\nCosts of disposal of contaminated sediments removed under this section shall be a\n1\n1 So in original. The word \u201ca\u201d probably should not appear.\n(e)\nLimitation on statutory construction\nNothing in this section shall be construed to affect the rights and responsibilities of any person under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 [\n42 U.S.C. 9601\n(f)\nPriority work\nIn carrying out this section, the Secretary shall give priority to work in the following areas:\n(1) Brooklyn Waterfront, New York.\n(2) Buffalo Harbor and River, New York.\n(3) Ashtabula River, Ohio.\n(4) Mahoning River, Ohio.\n(5) Lower Fox River, Wisconsin.\n(6) Passaic River and Newark Bay, New Jersey.\n(7) Snake Creek, Bixby, Oklahoma.\n(8) Willamette River, Oregon.\n(g)\nNonprofit entities\nNotwithstanding\nsection 1962d\u20135b of title 42","url":"https://projectusc.org/usc/t33/s1272.html","content":[{"t":"sec","id":"/us/usc/t33/s1272","children":[{"t":"num","text":"\u00a7\u202f1272."},{"t":"heading","text":"Environmental dredging"},{"t":"subsec","id":"/us/usc/t33/s1272/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Operation and maintenance of navigation projects"},{"t":"content","children":[{"t":"p","text":"Whenever necessary to meet the requirements of the Federal Water Pollution Control Act [","children":[{"t":"ref","text":"33 U.S.C. 1251","href":"/us/usc/t33/s1251","tail":" et seq.], the Secretary, in consultation with the Administrator of the Environmental Protection Agency, may remove and remediate, as part of operation and maintenance of a navigation project, contaminated sediments outside the boundaries of and adjacent to the navigation channel."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t33/s1272/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Nonproject specific"},{"t":"para","id":"/us/usc/t33/s1272/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The Secretary may remove and remediate contaminated sediments from the navigable waters of the United States for the purpose of environmental enhancement and water quality improvement if such removal and remediation is requested by a non-Federal sponsor and the sponsor agrees to pay 35 percent of the cost of such removal and remediation.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s1272/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Maximum amount"},{"t":"content","children":[{"t":"p","text":"The Secretary may not expend more than $50,000,000 in a fiscal year to carry out this subsection.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t33/s1272/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Joint plan requirement"},{"t":"content","children":[{"t":"p","text":"The Secretary may only remove and remediate contaminated sediments under subsection (b) in accordance with a joint plan developed by the Secretary and interested Federal, State, and local government officials. Such plan must include an opportunity for public comment, a description of the work to be undertaken, the method to be used for dredged material disposal, the roles and responsibilities of the Secretary and non-Federal sponsors, and identification of sources of funding.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t33/s1272/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Disposal costs"},{"t":"content","children":[{"t":"p","text":"Costs of disposal of contaminated sediments removed under this section shall be a\u202f","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSo in original. The word \u201ca\u201d probably should not appear."},{"t":"text","text":"\u202fSo in original. The word \u201ca\u201d probably should not appear.","tail":" shared as a cost of construction."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t33/s1272/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Limitation on statutory construction"},{"t":"content","children":[{"t":"p","text":"Nothing in this section shall be construed to affect the rights and responsibilities of any person under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 [","children":[{"t":"ref","text":"42 U.S.C. 9601","href":"/us/usc/t42/s9601","tail":" et seq.]."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t33/s1272/f","children":[{"t":"num","text":"(f)"},{"t":"heading","text":"Priority work"},{"t":"chapeau","text":"In carrying out this section, the Secretary shall give priority to work in the following areas:"},{"t":"para","id":"/us/usc/t33/s1272/f/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" Brooklyn Waterfront, New York.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s1272/f/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" Buffalo Harbor and River, New York.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s1272/f/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" Ashtabula River, Ohio.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s1272/f/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" Mahoning River, Ohio.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s1272/f/5","children":[{"t":"num","text":"(5)"},{"t":"content","text":" Lower Fox River, Wisconsin.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s1272/f/6","children":[{"t":"num","text":"(6)"},{"t":"content","text":" Passaic River and Newark Bay, New Jersey.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s1272/f/7","children":[{"t":"num","text":"(7)"},{"t":"content","text":" Snake Creek, Bixby, Oklahoma.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s1272/f/8","children":[{"t":"num","text":"(8)"},{"t":"content","text":" Willamette River, Oregon.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t33/s1272/g","children":[{"t":"num","text":"(g)"},{"t":"heading","text":"Nonprofit entities"},{"t":"content","children":[{"t":"p","text":"Notwithstanding ","children":[{"t":"ref","text":"section 1962d\u20135b of title 42","href":"/us/usc/t42/s1962d\u20135b","tail":", for any project carried out under this section, a non-Federal sponsor may include a nonprofit entity, with the consent of the affected local government."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}