The Budget Act, referred to in subsec. (d)(2)(E) heading, probably means the Congressional Budget Act of 1974, titles I through IX of Pub. L. 93–344,
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.
2025—Subsec. (b)(1). Pub. L. 118–272, § 1119(a)(1), amended par. (1) generally. Prior to amendment, text read as follows: “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.”
Subsec. (b)(2). Pub. L. 118–272, § 1119(a)(2), substituted “Fees” for “Use of fees” in par. heading, designated existing provisions as subpar. (A) and inserted subpar. heading, and added subpar. (B).
Subsec. (b)(3), (4). Pub. L. 118–272, § 1119(a)(3), added pars. (3) and (4).
2020—Subsec. (a). Pub. L. 116–260, § 145(1), inserted “or replacement capacity” after “Additional capacity” in heading.
Subsec. (a)(1). Pub. L. 116–260, § 145(2), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “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.”
Subsec. (a)(2). Pub. L. 116–260, § 145(3), inserted “under paragraph (1)(A)(i)” after “additional capacity”.
Subsec. (a)(3), (4). Pub. L. 116–260, § 145(4), added pars. (3) and (4).
2007—Subsec. (c). Pub. L. 110–114, § 2005(2), added subsec. (c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 110–114, § 2005(1), redesignated subsec. (c) as (d).
Subsec. (d)(1). Pub. L. 110–114, § 2005(3), inserted “and maintenance” after “operation” and “processing, treatment, contaminant reduction, or” after “dredged material”.
Subsec. (d)(2)(A). Pub. L. 110–114, § 2005(3), inserted “and maintenance” after “operation” and “processing, treatment, contaminant reduction, or” after “of a dredged material”.
Pub. L. 118–272, div. A, title I, § 1119(b), “(1) an agreement between the Secretary [of the Army] and a non-Federal interest that is in effect on the date of enactment of this Act [“(2) the inclusion in an agreement between the Secretary and a non-Federal interest entered into after the date of enactment of this Act of a dredged material disposal facility that is included in an agreement between the Secretary and a non-Federal interest in effect on the date of enactment of this Act, unless the non-Federal interest is notified and agrees.”
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.