Page:United States Statutes at Large Volume 104 Part 6.djvu/250

 104 STAT. 4640 PUBLIC LAW 101-640—NOV. 28, 1990 Pollution Control Act, the Secretary, in consultation with the Administrator of the Environmental Protection Agency, may remove, as part of operation and maintenance of a navigation project, contaminated sediments outside the boundaries of and adjacent to the navigation channel. (b) NoNPROJECT SPECIFIC.— (1) IN GENERAL.—The Secretary may remove contaminated sediments from the navigable waters of the United States for the purpose of environmental enhancement and water quality improvement if such removal is requested by a non-Federal sponsor and the sponsor agrees to pay 50 percent of the cost of such removal. (2) MAXIMUM AMOUNT.—The Secretary may not expend more than $10,000,000 in a fiscal year to carry out this subsection. (c) JOINT PLAN REQUIREMENT.—The Secretary may only remove contaminated sediments under subsection Oa) 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. (d) DISPOSAL COSTS. — Costs of disposal of contaminated sediments removed under this section shall be a non-Federal responsibility. (e) LIMITATION ON STATUTORY CONSTRUCTION.— 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. (f) TERMINATION DATE.—Th is section shall not be effective after the last day of the 5-year period beginning on the date of the enactment of this Act; except that the Secretary may complete any project commenced under this section on or before such last day. 33 USC 2320. SEC. 313. PROTECTION OF RECREATIONAL AND COMMERCIAL USES. (a) GENERAL RULE.— In planning any water resources project, the Secretary shall consider the impact of the project on existing and future recreational and commercial uses in the area surrounding the project. (b) MAINTENANCE.— Whenever the Secretary maintains, repairs, rehabilitates, or reconstructs a water resources project which will result in a change in the configuration of a structure which is a part of such project, the Secretary, to the maximum extent practicable, shall carry out such maintenance, repair, rehabilitation, or reconstruction in a manner which will not adversely affect any recreational use established with respect to such project before the date of such maintenance, repair, rehabilitation, or reconstruction. (c) MITIGATION. — (1) IN GENERAL. — If maintenance, repair, rehabilitation, or reconstruction of a water resources project by the Secretary results in a change in the configuration of any structure which is a part of such project and has an adverse effect on a recreational use established with respect to such project before the date of such maintenance, repair, rehabilitation, or reconstruction, the Secretary, to the maximum extent practicable, shall take such actions as may be necessary to restore such recreational use or provide alternative opportunities for comparable recreational use.

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