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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 42 U.S.C. § 1962d5e Wetland areas us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 19B WATER RESOURCES PLANNING 1962d5e 42 U.S.C. § 1962d5e current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s1962d5e data/legal/raw/us/code/title-42/usc42.xml e48225634824ebd2a6976ce474b8dd70191446bbeb9318b58302aa52396c813c 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e 28a4461f3ebe76a5778b31822013990f45b07fbc534ff32d2e8a5648615f513f 2026-07-04 official
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42 U.S.C. § 1962d5e - Wetland areas

Text

(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. 94587, § 150, Oct. 22, 1976, 90 Stat. 2931.)

Notes

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.