---
kind: "section"
citation: "42 U.S.C. § 1962d–5e"
title: "42"
title_heading: "The Public Health and Welfare"
number: "1962d–5e"
heading: "Wetland areas"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/1962d-5e"
units:
  - "Chapter 19B — Water Resources Planning"
  - "Subchapter IV — Miscellaneous Provisions"
---

# §1962d–5e. Wetland areas

- (a) **Authorization of Secretary of the Army to plan and establish wetland areas; criteria for establishment—** The [Secretary](/usc/42/242q–4.md?p=2) 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](/usc/42/13641.md?p=2) under his jurisdiction. Establishment of any wetland area in connection with the dredging required for such a water resources development [project](/usc/42/13641.md?p=2) 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](/usc/42/13641.md?p=2); 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](/usc/42/242q–4.md?p=2) of the Army, acting through the Chief of Engineers, submits to Congress a report on a water resources development [project](/usc/42/13641.md?p=2) 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](/usc/42/13641.md?p=2) 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.

## Source credit

(Pub. L. 94–587, § 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.