COST SHARING FOR DREDGED MATERIAL DISPOSAL AREAS.

SEC. 201. COST SHARING FOR DREDGED MATERIAL DISPOSAL AREAS.(a) Construction.—Section 101(a) of the Water Resources Development Act of 1986 (33 U.S.C. 2211(a); 100 Stat. 4082–4083) is amended— (1) in paragraph (2) by striking the last sentence and inserting the following: “The value of lands, easements, rights-of-way, and relocations provided under paragraph (3) and the costs of relocations borne by the non-Federal interests under paragraph (4) shall be credited toward the payment required under this paragraph. ”; (2) in paragraph (3)— (A) by inserting “and” after “rights-of-way,”; (B) by striking “, and dredged material disposal areas”; and (C) by inserting “, including any lands, easements, rights-of-way, and relocations (other than utility relocations accomplished under paragraph (4)) that are necessary for dredged material disposal facilities” before the period at the end of such paragraph; and (3) by adding at the end the following: “(5) Dredged material disposal facilities for project construction.—In this subsection, the term ‘general navigation features’ includes constructed land-based and aquatic dredged material disposal facilities that are necessary for the disposal of dredged material required for project construction and for which a contract for construction has not been awarded on or before the date of the enactment of this paragraph.”. (b) Operation and Maintenance.—Section 101(b) of such Act (33 U.S.C. 2211(b); 100 Stat. 4083) is amended— (1) by inserting “(1) In general.—” before “The Federal”; 110 STAT. 3672 (2) by indenting and moving paragraph (1) (as designated by paragraph (1) of this subsection) 2 ems to the right; (3) by striking “pursuant to this Act” and inserting “by the Secretary pursuant to this Act or any other law approved after the date of the enactment of this Act”; and (4) by adding at the end the following: “(2) Dredged material disposal facilities.—The Federal share of the cost of constructing land-based and aquatic dredged material disposal facilities that are necessary for the disposal of dredged material required for the operation and maintenance of a project and for which a contract for construction has not been awarded on or before the date of the enactment of this paragraph shall be determined in accordance with subsection (a). The Federal share of operating and maintaining such facilities shall be determined in accordance with paragraph (1).”. (c) Agreement.—Section 101(e)(1) of such Act (33 U.S.C. 2211(e)(1); 100 Stat. 4083) is amended by striking “and to provide dredged material disposal areas and perform” and inserting “including those necessary for dredged material disposal facilities, and perform”. (d) Consideration of Funding Requirements and Equitable Apportionment.—Section 101 of such Act (33 U.S.C. 2211; 100 Stat. 4082–4084) is amended by adding at the end the following: “(f) Consideration of Funding Requirements and Equitable Apportionment.—The Secretary shall ensure, to the extent practicable, that— “(1) funding requirements for operation and maintenance dredging of commercial navigation harbors are considered before Federal funds are obligated for payment of the Federal share of costs associated with the construction of dredged material disposal facilities in accordance with subsections (a) and (b); “(2) funds expended for such construction are apportioned equitably in accordance with regional needs; and “(3) use of a dredged material disposal facility designed, constructed, managed, or operated by a private entity is not precluded if, consistent with economic and environmental considerations, the facility is the least-cost alternative.”. (e) Eligible Operations and Maintenance Defined.—Section 214(2) of such Act (33 U.S.C. 2241; 100 Stat. 4108) is amended— (1) in subparagraph (A)— (A) by inserting “Federal” after “means all”; (B) by inserting “(i)” after “including”; and (C) by inserting before the period at the end the following: “; (ii) the construction of dredged material disposal facilities that are necessary for the operation and maintenance of any harbor or inland harbor; (iii) dredging and disposing of contaminated sediments that are in or that affect the maintenance of Federal navigation channels; (iv) mitigating for impacts resulting from Federal navigation operation and maintenance activities; and (v) operating and maintaining dredged material disposal facilities”; and (2) in subparagraph (C) by striking “rights-of-way, or dredged material disposal areas,” and inserting “or rights-of-way,”. 110 STAT. 3673 (f) Amendment of Cooperation Agreement.—If requested by the non-Federal interest, the Secretary shall amend a project cooperation agreement executed on or before the date of the enactment of this Act to reflect the application of the amendments made by this section to any project for which a contract for construction has not been awarded on or before that date. (g) Savings Clause.—Nothing in this section (including the amendments made by this section) shall increase, or result in the increase of, the non-Federal share of the costs of— (1) expanding any confined dredged material disposal facility that is operated by the Secretary and that is authorized for cost recovery through the collection of tolls; (2) any confined dredged material disposal facility for which the invitation for bids for construction was issued before the date of the enactment of this Act; and (3) expanding any confined dredged material disposal facility constructed under section 123 of the River and Harbor Act of 1970 (33 U.S.C. 1293a) if the capacity of the confined dredged material disposal facility was exceeded in less than 6 years.