Sec. 145. Replacement capacity
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Section 217(a) of the Water Resources Development Act of 1996 ( 33 U.S.C. 2326a(a) ) is amended— in the subsection heading, by inserting after or replacement capacity ; Additional capacity by striking paragraph
(1)and inserting the following: Subject to subparagraph (B), at the request of a non-Federal interest with respect to a project, the Secretary may— provide additional capacity at a dredged material disposal facility constructed by the Secretary beyond the capacity that would be required for project purposes; or 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. Before the Secretary takes an action under subparagraph (A), the non-Federal interest shall agree to pay— all costs associated with the construction of the additional capacity or replacement capacity in advance of construction of such capacity; and 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. In the event the Secretary determines that the cost to operate or maintain the project decreases as a result of use by the non-Federal interest of dredged material disposal capacity required for project purposes under subparagraph (A)(ii), the Secretary, at the request of the non-Federal interest, shall credit the amount of the decrease toward any cash contribution of the non-Federal interest required thereafter for construction, operation, or maintenance of the project, or of another navigation project. ; in paragraph (2), in the first sentence, by inserting under paragraph (1)(A)(i) after additional capacity ; and by adding at the end the following: 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— 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 the right to construct the replacement capacity at the alternative facility or site at the expense of the non-Federal interest. 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— determines that the site is environmentally unacceptable, geographically unacceptable, or technically unsound; and provides a written basis for the determination under clause
(i)to the non-Federal interest. The Secretary shall afford the public an opportunity to comment on the determinations required under this subsection for a use permitted under paragraph (1)(A)(ii). .
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Sec. 145
Replacement capacity
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