(ii) by adding at the end the fol-
lowing: 
‘‘(B) 
IDENTIFICATION.—The 
Secretary 
shall consult with the non-Federal interest for 
a water resources project, and other stake-
holders, to the maximum extent practicable— 
‘‘(i) to identify mitigation implementa-
tion practices or accepted assessment 
methodologies used in the region of the 
water resources project and incorporate 
such practices and methodologies into the 
mitigation plan for such project; and 
‘‘(ii) to identify projects that have not 
been constructed, or concepts described in 
mitigation plans for other water resources 
projects, that may be used to meet the res-
toration or mitigation needs of the water 
resources project.’’; and 
(C) in paragraph (3)(B)(iv)(I), by insert-
ing ‘‘or a description of the requirements for a 
third-party mitigation instrument that would be 
developed in the case that a contract for future 
delivery of credits will be used’’ after ‘‘to be 
used’’; 
(2) in subsection (i)(1)(A)—
(A) in clause (i), by inserting ‘‘, for imme-
diate delivery or future delivery to be identified 
in the mitigation instrument’’ after ‘‘banks’’; 
and 
(B) in clause (ii), by inserting ‘‘, for imme-
diate delivery or future delivery to be identified 
in the mitigation instrument’’ after ‘‘pro-
grams’’; and 
(3) by adding at the end the following: 
‘‘(l) SEPARABLE ELEMENTS.—Mitigation of fish and 
wildlife losses required under this section that is provided 
in the form of credit shall be considered a separable ele-
ment of a project without requiring further evaluation. 
‘‘(m) TRANSPARENCY.—The Secretary shall ensure 
that— 
‘‘(1) the mitigation requirements for each water 
resources project— 
‘‘(A) are made publicly available (including 
on a website of the headquarters of the Corps 
of Engineers); and 
‘‘(B) include the location of the project, 
the anticipated schedule for mitigation, the type 
of mitigation required, the amount of mitigation 
required, and the remaining mitigation needs;
‘‘(2) the mitigation plan for such project is 
made publicly available, as applicable; 
‘‘(3) the information described in paragraph (1) 
is updated regularly; and 
‘‘(4) carrying out the requirements of this sub-
section with respect to each water resources project 
is considered a project expense. 
‘‘(n) COORDINATION.—To the maximum extent prac-
ticable, the Secretary shall ensure that the project delivery 
team and regulatory team of the Corps of Engineers work 
in coordination to successfully carry out mitigation ef-
forts.’’. 
SEC. 111. HARBOR DEEPENING. 
(a) CONSTRUCTION.—Section 101(a)(1) of the Water 
Resources Development Act of 1986 (33 U.S.C. 
2211(a)(1)) is amended by striking ‘‘50 feet’’ each place 
it appears and inserting ‘‘55 feet’’. 
(b) 
OPERATION
AND
MAINTENANCE.—Section 
101(b)(1) of the Water Resources Development Act of 
1986 (33 U.S.C. 2211(b)(1)) is amended by striking ‘‘50 
feet’’ and inserting ‘‘55 feet’’. 
SEC. 112. EMERGING HARBORS. 
Not later than 90 days after the date of enactment 
of this Act, the Secretary shall—
(1) issue guidance for the purpose of carrying 
out section 210(c)(3)(B) of the Water Resources De-
velopment Act of 1986 (33 U.S.C. 2238(c)(3)(B)); 
and 
(2) develop a mechanism to accept the non-Fed-
eral share of funds from a non-Federal interest for 
maintenance dredging carried out under such sec-
tion. 
SEC. 113. REMOTE AND SUBSISTENCE HARBORS. 
Section 2006 of the Water Resources Development 
Act of 2007 (33 U.S.C. 2242) is amended— 
(1) in subsection (a), by striking paragraphs 
(1) through (3) and inserting the following: 
‘‘(1) the project would be located in the State 
of Hawaii or Alaska, the Commonwealth of Puerto 
Rico, Guam, the Commonwealth of the Northern 
Mariana Islands, the United States Virgin Islands, 
or American Samoa; and 
‘‘(2)(A) over 80 percent of the goods trans-
ported through the harbor would be consumed with-
in the United States, as determined by the Sec-
retary, including consideration of information pro-
vided by the non-Federal interest; or 
‘‘(B) the long-term viability of the community 
in which the project is located, or the long-term via-
bility of a community that is located in the region 
that is served by the project and that will rely on 
the project, would be threatened without the harbor 
and navigation improvement.’’; and 
(2) in subsection (b)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘benefits of the project to’’ and in-
serting ‘‘benefits of the project to any of’’; and 
(B) in paragraph (4), by striking ‘‘; and’’ 
and inserting ‘‘; or’’. 
SEC. 114. ADDITIONAL PROJECTS FOR UNDERSERVED COM-
MUNITY HARBORS. 
Section 8132 of the Water Resources Development 
Act of 2022 (33 U.S.C. 2238e) is amended— 
(1) in subsection (c)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘section based on an assessment of’’ 
and all that follows through ‘‘the local or re-
gional economic benefits of the project;’’ and in-
serting the following: ‘‘section— 
‘‘(1) based on an assessment of— 
‘‘(A) the local or regional economic bene-
fits of the project;’’;
(B) by redesignating paragraphs (2) and 
(3) as subparagraphs (B) and (C), respectively 
(and by conforming the margins accordingly); 
(C) in subparagraph (C) (as so redesig-
nated) by striking the period at the end and in-
serting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(2) that are located— 
‘‘(A) in a harbor where passenger and 
freight service is provided to island communities 
dependent on that service; or 
‘‘(B) in a lake, or any related connecting 
channels, within the United States that is in-
cluded in the Boundary Waters Treaty of 
1909.’’; 
(2) in subsection (g)(2), in the matter pre-
ceding subparagraph (A), by inserting ‘‘, or a ma-
rina or berthing area that is located adjacent to, or 
is accessible by, a Federal navigation project,’’ be-
fore ‘‘for which’’; and 
(3) by adding at the end the following: 
‘‘(i) PROJECTS FOR MARINA OR BERTHING AREAS.— 
The Secretary may carry out not more than 10 projects 
under this section that are projects for an underserved
community harbor that is a marina or berthing area de-
scribed in subsection (g)(2).’’. 
SEC. 115. INLAND WATERWAYS REGIONAL DREDGE PILOT 
PROGRAM. 
Section 8133(c) of the Water Resources Development 
Act of 2022 (136 Stat. 3720) is amended to read as fol-
lows: 
‘‘(c) PROJECTS.—In awarding contracts under sub-
section (a), the Secretary shall consider projects that— 
‘‘(1) improve navigation reliability on inland 
waterways that are accessible year-round; 
‘‘(2) increase freight capacity on inland water-
ways; and 
‘‘(3) have the potential to enhance the avail-
ability of containerized cargo on inland waterways.’’. 
SEC. 116. DREDGED MATERIAL DISPOSAL FACILITY PART-
NERSHIPS. 
Section 217(b) of the Water Resources Development 
Act of 1996 (33 U.S.C. 2326a(b)) is amended— 
(1) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) IN GENERAL.— 
‘‘(A) 
NON-FEDERAL
USE.—The 
Sec-
retary—
‘‘(i) at the request of a non-Federal 
entity, may permit the use of any dredged 
material disposal facility under the juris-
diction of, or managed by, the Secretary by 
the non-Federal entity if the Secretary de-
termines that such use will not reduce the 
availability of the facility for the author-
ized water resources development project 
on a channel in the vicinity of the disposal 
facility; 
‘‘(ii) at the request of a non-Federal 
entity, shall permit the non-Federal entity 
to use a non-Federal disposal facility for 
the disposal of material dredged by the 
non-Federal entity, regardless of any con-
nection to a Federal navigation project, 
if— 
‘‘(I) permission for such use has 
been granted by the owner of the non- 
Federal disposal facility; and 
‘‘(II) the Secretary determines 
that the dredged material disposal 
needs required to maintain, perform 
authorized deepening, or restore the 
navigability and functionality of au-
thorized navigation channels in the vi-
cinity of the non-Federal disposal fa-
cility for the 20-year period following 
the date of the request, including all 
planned and routine dredging oper-
ations 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 dis-
posal facility; and 
‘‘(iii) shall impose fees to recover cap-
ital, operation, and maintenance costs as-
sociated with such uses. 
‘‘(B) DETERMINATIONS.—The Secretary 
shall— 
‘‘(i) 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 lo-
cated; and 
‘‘(ii) make such determinations not 
later than 90 days after receiving the ap-
plicable request.’’;
(2) in paragraph (2)— 
(A) in the paragraph heading, by striking 
‘‘USE OF FEES’’ and inserting ‘‘FEES’’; 
(B) by striking ‘‘Notwithstanding’’ and in-
serting the following: 
‘‘(A) USE.—Notwithstanding’’; and 
(C) by adding at the end the following: 
‘‘(B) REDUCTION
IN
AMOUNT.—In col-
lecting any fee under this subsection, the Sec-
retary shall reduce the amount imposed under 
paragraph (1)(A)(iii) to account for improve-
ments made to the non-Federal disposal facility 
by the non-Federal entity to recover the capac-
ity of the non-Federal disposal facility.’’; and 
(3) by adding at the end the following: 
‘‘(3) DISPOSITION STUDIES.— 
‘‘(A) REQUIREMENT.—Upon request by 
the owner of a non-Federal disposal facility, the 
Secretary shall carry out a disposition study of 
the non-Federal disposal facility, in accordance 
with section 1168 of the Water Resources De-
velopment Act of 2018 (33 U.S.C. 578b), if— 
‘‘(i) the Secretary has not used the 
non-Federal disposal facility for the dis-
posal of dredged material during the 20-
year period preceding the date of the re-
quest; and 
‘‘(ii) the Secretary determines that 
the non-Federal disposal facility is not 
needed for such use by the Secretary dur-
ing the 20-year period following the date of 
the request. 
‘‘(B) CONCLUSIVE
PRESUMPTIONS.—For 
purposes of carrying out a disposition study re-
quired under subparagraph (A), the Secretary 
shall— 
‘‘(i) consider the non-Federal disposal 
facility to be a separable element of a 
project; and 
‘‘(ii) consider a Federal interest in the 
non-Federal disposal facility to no longer 
exist. 
‘‘(4) DEFINITIONS.—In this subsection: 
‘‘(A) GROSS CAPACITY.—The term ‘gross 
capacity’ means the total quantity of dredged 
material that may be placed in a dredged mate-
rial disposal facility, taking into consideration 
any additional capacity that can be constructed 
at the facility.