provide additional capacity at a dredged material disposal facility constructed by the Secretary beyond the capacity that would be required for project purposes; or

permit the use of dredged material disposal facility capacity required for project purposes by the non-Federal interest if the Secretary determines that replacement capacity can be constructed at the facility or another facility or site before such capacity is needed for project purposes.

all costs associated with the construction of the additional capacity or replacement capacity in advance of construction of such capacity; and

in the case of use by a non-Federal interest of dredged material disposal capacity required for project purposes under subparagraph (A)(ii), any increase in the cost of operation and maintenance of the project that the Secretary determines results from the use of the project capacity by the non-Federal interest in advance of each cycle of dredging.

the right to submit to the Secretary for approval at a later date an alternative to the facility or site designated in the agreement for construction of replacement capacity; and

the right to construct the replacement capacity at the alternative facility or site at the expense of the non-Federal interest.

determines that the site is environmentally unacceptable, geographically unacceptable, or technically unsound; and

provides a written basis for the determination under clause (i) to the non-Federal interest.

at the request of a non-Federal entity, may permit the use of any dredged material disposal facility under the jurisdiction of, or managed by, the Secretary by the non-Federal entity if the Secretary determines that such use will not reduce the availability of the facility for the authorized water resources development project on a channel in the vicinity of the disposal facility;

permission for such use has been granted by the owner of the non-Federal disposal facility; and

the Secretary determines that the dredged material disposal needs required to maintain, perform authorized deepening, or restore the navigability and functionality of authorized navigation channels in the vicinity of the non-Federal disposal facility for the 20-year period following the date of the request, including all planned and routine dredging operations necessary to maintain such channels for the authorized purposes during such period, can be met by the available gross capacity of other dredged material disposal facilities in the vicinity of the non-Federal disposal facility; and

shall impose fees to recover capital, operation, and maintenance costs associated with such uses.

delegate determinations under clauses (i) and (ii)(II) of subparagraph (A) to the District Commander of the district in which the relevant disposal facility is located; and

make such determinations not later than 90 days after receiving the applicable request.

the Secretary has not used the non-Federal disposal facility for the disposal of dredged material during the 20-year period preceding the date of the request; and

the Secretary determines that the non-Federal disposal facility is not needed for such use by the Secretary during the 20-year period following the date of the request.

consider the non-Federal disposal facility to be a separable element of a project; and

consider a Federal interest in the non-Federal disposal facility to no longer exist.

the Federal funding sources and combined cost-sharing when applicable to multiple water resources projects; and

the responsibilities and risks of each of the parties relating to present and future dredged material managed by the facility.

be responsible for providing all necessary lands, easements, relocations, and rights-of-way associated with the facility; and

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.