Sec. 2005. DREDGED MATERIAL DISPOSAL
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## SEC. 2005 DREDGED MATERIAL DISPOSAL Section 217 of the Water Resources Development Act of 1996 (33 U.S.C. 2326a) is amended— ####
(1)by redesignating subsection
(c)as subsection (d); ####
(2)by inserting after subsection
(b)the following: > > ### “(c) Dredged Material Facility > > > #### “(1) In general > > The Secretary may enter into a partnership agreement under section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b) with one or more non-Federal interests with respect to a water resources project, or group of water resources projects within a geographic region, if appropriate, for the acquisition, design, construction, management, or operation of a dredged material processing, treatment, contaminant reduction, or disposal facility (including any facility used to demonstrate potential beneficial uses of dredged material, which may include effective sediment contaminant reduction technologies) using funds provided in whole or in part by the Federal Government. > > > #### “(2) Performance > > One or more of the parties to a partnership agreement under this subsection may perform the acquisition, design, construction, management, or operation of a dredged material processing, treatment, contaminant reduction, or disposal facility. > > > #### “(3) Multiple projects > > If appropriate, the Secretary may combine portions of separate water resources projects with appropriate combined cost-sharing among the various water resources projects in a partnership agreement for a facility under this subsection if the facility serves to manage dredged material from multiple water resources projects located in the geographic region of the facility. > > > #### “(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 > > A partnership agreement under this subsection may include the management of sediments from the maintenance dredging of Federal water resources projects that do not have partnership agreements. > > > ###### “(ii) Payments > > A partnership agreement under this subsection may allow the non-Federal interest to receive reimbursable payments from the Federal Government for commitments made by the non-Federal interest for disposal or placement capacity at dredged material processing, treatment, contaminant reduction, or disposal facilities. > > > ##### “(C) Credit > > A partnership agreement under this subsection may allow costs incurred by the non-Federal interest before execution of the partnership agreement to be credited in accordance with section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b). > > > #### “(5) Credit > > > ##### “(A) Effect on existing agreements > > Nothing in this subsection supersedes or modifies an agreement in effect on the date of enactment of this paragraph between the Federal Government and any non-Federal interest for the cost-sharing, construction, and operation and maintenance of a water resources project. > > > ##### “(B) Credit for funds > > Subject to the approval of the Secretary and in accordance with law (including regulations and policies) in effect on the date of enactment of this paragraph, a non-Federal interest for a water resources project may receive credit for funds provided for the acquisition, design, construction, management, or operation of a dredged material processing, treatment, contaminant reduction, or disposal facility to the extent the facility is used to manage dredged material from the project. > > > ##### “(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.” > ; and ####
(3)in paragraphs
(1)and (2)(A) of subsection
(d)(as redesignated by paragraph (1))— #####
(A)by inserting “and maintenance” after “operation” each place it appears; and #####
(B)by inserting “processing, treatment, contaminant reduction, or” after “dredged material” the first place it appears in each of those paragraphs.
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- 42 USC 1962d–5b
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