Pilot Program/Water Resources Development Act: U.S. Corps of Engineers Federal Register Notice Requesting Beneficial Use of Dredged Material Proposals

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The United States Corps of Engineers (“Corps”) issued a February 9th Federal Register notice for Request of Proposals (“RFP”) for beneficial use of dredged material projects. See 83 Fed. Reg. 5763.

The RFP is being issued pursuant to Section 1122 of the Water Resources Development Act (“WRDA”) which requires the Corps to establish a pilot program recommending 10 projects for the beneficial use of dredged material.

Section 1122 of the WRDA requires that the purpose of the projects include:

  1. reducing storm damage to property and infrastructure;
  2. promoting public safety;
  3. protecting, restoring, and creating aquatic ecosystem habitats;
  4. stabilizing stream systems and enhancing shorelines;
  5. promoting recreation;
  6. supporting risk management adaptation strategies; and
  7. reducing the costs of dredging and dredged material placement or disposal

The Corps states that it has developed guidance for carrying out the provisions of Section 1122 which is found at http://www.usace.army.mil/Missions/Civil-Works/Project-Planning/Legislative-Links/wrda2016/wrda2016_impguide.

The Section 1122 projects are subject to the cost-sharing requirements applicable to projects carried out under Section 204 of the Continuing Authorities Program. Excepted from such requirements are projects under the pilot program that use dredged materials from federal navigation projects. Section 1122(e)(2) is stated to provide the incremental costs above the federal standard for transportation and depositing such dredged material. It is borne entirely by the federal government.

A copy of the Federal Register notice, which includes the application procedures, can be found here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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