§ 2326a. — Dredged material disposal facility partnerships.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2326a]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 36--WATER RESOURCES DEVELOPMENT
SUBCHAPTER V--GENERAL PROVISIONS
Sec. 2326a. Dredged material disposal facility partnerships
(a) Additional capacity
(1) Provided by Secretary
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 if the non-
Federal interest agrees to pay, during the period of construction,
all costs associated with the construction of the additional
capacity.
(2) Cost recovery authority
The non-Federal interest may recover the costs assigned to the
additional capacity through fees assessed on third parties whose
dredged material is deposited at the facility and who enter into
agreements with the non-Federal interest for the use of the
facility. The amount of such fees may be determined by the non-
Federal interest.
(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
Notwithstanding section 1341(c) of this title but subject to
advance appropriations, any monies received through collection of
fees under this subsection shall be available to the Secretary, and
shall be used by the Secretary, for the operation and maintenance of
the disposal facility from which the fees were collected.
(c) Public-private partnerships
(1) In general
The Secretary may carry out a program to evaluate and implement
opportunities for public-private partnerships in the design,
construction, management, or operation of dredged material disposal
facilities in connection with construction or maintenance of Federal
navigation projects. If a non-Federal interest is a sponsor of the
project, the Secretary shall consult with the non-Federal interest
in carrying out the program with respect to the project.
(2) Private financing
(A) Agreements
In carrying out this subsection, the Secretary may enter
into an agreement with a non-Federal interest with respect to a
project, a private entity, or both for the acquisition, design,
construction, management, or operation of a dredged material
disposal facility (including any facility used to demonstrate
potential beneficial uses of dredged material) using funds
provided in whole or in part by the private entity.
(B) Reimbursement
If any funds provided by a private entity are used to carry
out a project under this subsection, the Secretary may reimburse
the private entity over a period of time agreed to by the
parties to the agreement through the payment of subsequent user
fees. Such fees may include the payment of a disposal or tipping
fee for placement of suitable dredged material at the facility.
(C) Amount of fees
User fees paid pursuant to subparagraph (B) shall be
sufficient to repay funds contributed by the private entity plus
a reasonable return on investment approved by the Secretary in
cooperation with the non-Federal interest with respect to the
project and the private entity.
(D) Federal share
The Federal share of such fees shall be equal to the
percentage of the total cost that would otherwise be borne by
the Federal Government as required pursuant to existing cost-
sharing requirements, including section 2213 of this title and
section 2326 of this title.
(E) Budget Act compliance
Any spending authority (as defined in section 651(c)(2) of
title 2) authorized by this section shall be effective only to
such extent and in such amounts as are provided in appropriation
Acts.
(Pub. L. 104-303, title II, Sec. 217, Oct. 12, 1996, 110 Stat. 3694.)
References in Text
The Budget Act, referred to in subsec. (c)(2)(E) heading, probably
means the Congressional Budget Act of 1974, titles I through IX of Pub.
L. 93-344, July 12, 1974, 88 Stat. 297, as amended. For complete
classification of this Act to the Code, see Short Title note set out
under section 621 of Title 2, The Congress, and Tables.
Codification
Section was enacted as part of the Water Resources Development Act
of 1996, and not as part of the Water Resources Development Act of 1986
which comprises this chapter.
``Secretary'' Defined
Secretary means the Secretary of the Army, see section 2 of Pub. L.
104-303, set out as a note under section 2201 of this title.
