The Hampton Roads Beneficial Use of Dredged Material for Seabird Habitat study is authorized by the Continuing Authorities Program (CAP), Section 204 of the Water Resources Development Act of 1992, as amended, Regional Sediment Management.

The Water Resources Development Act of 1992, Continuing Authorities Program Section 204, provides authority for the U.S. Army Corps of Engineers (USACE) to beneficially use material dredged from authorized federal navigational channels for the protection, restoration, and creation of aquatic and related habitats.  The Section 204 authority can be applied for construction and/or maintenance dredging of authorized federal navigation channels.

The purpose of the Section 204 program is for USACE to place dredged material from federal navigation projects in the least costly manner in accordance with sound engineering practices and compliance with federal, state, and local regulatory requirements.