42 U.S.C. · The Public Health and Welfare
42 U.S.C. § 1962d5e

Wetland areas

Ch. 19B — WATER RESOURCES PLANNING
Title 42 U.S.C. ● ACTIVE Primary Source Ch. 19B
Statutory Text

42 U.S.C. § 1962d5e — Wetland areas

U.S.C. Title 42 - THE PUBLIC HEALTH AND WELFARE 42 U.S.C. United States Code, 2023 Edition Title 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 19B - WATER RESOURCES PLANNING SUBCHAPTER IV - MISCELLANEOUS PROVISIONS Sec. 1962d-5e - Wetland areas From the U.S. Government Publishing Office, www.gpo.gov

§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, §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.

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The statutory text of 42 U.S.C. § 1962d5e is reproduced from the official United States Code as published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov).
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