I
104TH CONGRESS
2D SESSION
H. R. 3152
To permit the Federal Government to provide funding for wetland creation
and improvement through the construction of upland dredge material
disposal facilities and funding for upland dredge material disposal, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 22, 1996
Mr. BAKER of California introduced the following bill; which was referred to
the Committee on Transportation and Infrastructure
A BILL
To permit the Federal Government to provide funding for
wetland creation and improvement through the construc-
tion of upland dredge material disposal facilities and
funding for upland dredge material disposal, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Wetland Creation and
Improvement Act’’.
SEC. 2. COST SHARING FOR UPLAND AND CONFINED
AQUATIC DREDGED MATERIAL DISPOSAL FA-
CILITIES.
(a) TREATMENT IN GENERAL.—Notwithstanding any
other provision of law, after the date of the enactment of
this Act, the cost of providing upland and confined aquatic
dredged material disposal facilities associated with the
construction, operation, and maintenance of all Federal
navigation projects for harbors and inland harbors, includ-
ing the cost of diking and the cost of applying dredged
material to beneficial use, and other improvements nec-
essary for the proper disposal of dredged material shall
be considered a general navigation feature of the project
and shall be subject to cost sharing as such a feature in
accordance with section 101(a) of the Water Resources
Development Act of 1986 (33 U.S.C. 2211(a); 100 Stat.
4082–4083).
(b) OPERATION AND MAINTENANCE.—The Federal
share of the cost of operation and maintenance of each
disposal facility to which subsection (a) applies shall be
determined in accordance with section 101(b) of the Water
Resources Development Act of 1986 (33 U.S.C. 2211(b);
100 Stat. 4083).
(c) ELIGIBLE COSTS.—For purposes of section 210
of the Water Resources Development Act of 1986 (33
U.S.C. 2238; 100 Stat. 4106) eligible operation and main-
tenance costs shall include—
(1) the Federal share of the costs of construct-
ing dredged material disposal facilities associated
with the operation and maintenance of all Federal
navigation projects for harbors and inland harbors;
(2) the Federal share of the cost of operating
and maintaining dredged material disposal facilities
associated with the construction, operation, and
maintenance of all Federal navigation projects for
harbors and inland harbors;
(3) the Federal share of the costs of environ-
mental dredging and disposal facilities for contami-
nated sediments which are in or which affect the
maintenance of Federal navigation channels and the
mitigation of environmental impacts resulting from
Federal dredging activities; and
(4) consistent with the cost-sharing provisions
of subsection (a), the Federal share for the dredg-
ing, management, and disposal of in-place contami-
nated sediments, or other environmental remediation
in critical port and harbor areas in order to facilitate
maritime commerce and navigation.
In selecting and carrying out projects made eligible for
assistance under paragraph (4), the Secretary of the Army
of, the non-Federal share of the costs of any dredged ma-
terial disposal facility authorized to be provided before the
date of the enactment of this Act.
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