View all text of Subchapter V [§ 2280 - § 2357]
§ 2326a. Dredged material disposal facility partnerships
(a) Additional capacity or replacement capacity
(1) Provided by Secretary
(A) In general
Subject to subparagraph (B), at the request of a non-Federal interest with respect to a project, the Secretary may—
(i) provide additional capacity at a dredged material disposal facility constructed by the Secretary beyond the capacity that would be required for project purposes; or
(ii) permit the use of dredged material disposal facility capacity required for project purposes by the non-Federal interest if the Secretary determines that replacement capacity can be constructed at the facility or another facility or site before such capacity is needed for project purposes.
(B) Agreement
Before the Secretary takes an action under subparagraph (A), the non-Federal interest shall agree to pay—
(i) all costs associated with the construction of the additional capacity or replacement capacity in advance of construction of such capacity; and
(ii) in the case of use by a non-Federal interest of dredged material disposal capacity required for project purposes under subparagraph (A)(ii), any increase in the cost of operation and maintenance of the project that the Secretary determines results from the use of the project capacity by the non-Federal interest in advance of each cycle of dredging.
(C) Credit
(2) Cost recovery authority
(3) Special rule for designation of replacement capacity facility or site
(A) In general
Subject to such terms and conditions as the Secretary determines to be necessary or advisable, an agreement under paragraph (1)(B) for use permitted under paragraph (1)(A)(ii) shall reserve to the non-Federal interest—
(i) the right to submit to the Secretary for approval at a later date an alternative to the facility or site designated in the agreement for construction of replacement capacity; and
(ii) the right to construct the replacement capacity at the alternative facility or site at the expense of the non-Federal interest.
(B) Requirement
The Secretary shall not reject a site for the construction of replacement capacity under paragraph (1)(A)(ii) that is submitted by the non-Federal interest for approval by the Secretary before the date of execution of the agreement under paragraph (1)(B), or thereafter, unless the Secretary—
(i) determines that the site is environmentally unacceptable, geographically unacceptable, or technically unsound; and
(ii) provides a written basis for the determination under clause (i) to the non-Federal interest.
(4) Public comment
(b) Non-Federal use of disposal facilities
(1) In general
The Secretary—
(A) may permit the use of any dredged material disposal facility under the jurisdiction of, or managed by, the Secretary by a non-Federal interest if the Secretary determines that such use will not reduce the availability of the facility for project purposes; and
(B) may impose fees to recover capital, operation, and maintenance costs associated with such use.
(2) Use of fees
(c) Dredged material facility
(1) In general
(2) Performance
(3) Multiple projects
(4) Specified Federal funding sources and cost sharing
(A) Specified Federal funding
A partnership agreement with respect to a facility under this subsection shall specify—
(i) the Federal funding sources and combined cost-sharing when applicable to multiple water resources projects; and
(ii) the responsibilities and risks of each of the parties relating to present and future dredged material managed by the facility.
(B) Management of sediments
(i) In general
(ii) Payments
(C) Credit
(5) Credit
(A) Effect on existing agreements
(B) Credit for funds
(C) Non-Federal interest responsibilities
A non-Federal interest entering into a partnership agreement under this subsection for a facility shall—
(i) be responsible for providing all necessary lands, easements, relocations, and rights-of-way associated with the facility; and
(ii) receive credit toward the non-Federal share of the cost of the project with respect to which the agreement is being entered into for those items.
(d) Public-private partnerships
(1) In general
(2) Private financing
(A) Agreements
(B) Reimbursement
(C) Amount of fees
(D) Federal share
(E) Budget Act compliance
(Pub. L. 104–303, title II, § 217, Oct. 12, 1996, 110 Stat. 3694; Pub. L. 110–114, title II, § 2005, Nov. 8, 2007, 121 Stat. 1071; Pub. L. 116–260, div. AA, title I, § 145, Dec. 27, 2020, 134 Stat. 2654.)