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U.S. Code as of:
01/19/04
Section 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.
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