To require the Secretary of the Army to expedite the completion of agreements with non-Federal interests for beneficial use of dredged material from federally authorized harbors in the State of Ohio, and for other purposes.
- Sponsor
- Rep. Kaptur, Marcy [D-OH-9]
- Committees
- Transportation and Infrastructure Committee (primary)
- Last action
- Sep 15, 2026
Bottom line
This bill aims to accelerate and facilitate projects for reusing dredged material from Ohio's federal harbors by streamlining federal-local partnerships and financial arrangements.
What it actually does
This bill directs the Secretary of the Army to expedite the review of requests from non-Federal entities in Ohio to partner on projects that demonstrate beneficial uses of dredged material from federal harbors. It allows for these non-Federal partners to be reimbursed for their project costs through user fees and permits agreements to proceed even if a full dredged material management plan is not yet complete, under specific circumstances.
Proponents argue
Supporters argue that this bill will accelerate environmentally sound practices for dredged material management in Ohio, reducing reliance on open lake disposal and fostering innovative reuse projects. They contend it addresses critical needs for harbor maintenance and environmental protection by making beneficial use projects more feasible and efficient for local partners.
Opponents contend
Critics might express concerns that expediting reviews and waiving comprehensive planning requirements could lead to less thorough vetting of projects, potentially overlooking environmental or financial risks. Some may also question the financial model if user fees do not adequately cover federal reimbursements, potentially shifting costs to taxpayers.
The bill is very short and clear, making it highly accessible for quick review and understanding.
Section 1(a)
Expedited Review for Beneficial Use Agreements
This provision requires the Secretary of the Army to quickly review requests from non-Federal interests (like local governments or port authorities) to enter into partnership agreements. These agreements are for the design, construction, or operation of facilities that demonstrate potential beneficial uses of dredged material from federally authorized harbors in Ohio, aiming to speed up projects that repurpose material instead of disposing of it.
Supporters argue
Supporters argue this provision will accelerate environmentally sound practices for managing dredged material, reducing reliance on open lake disposal and fostering innovative reuse projects, which benefits both the environment and local economies.
Critics contend
Critics might argue that expedited review could lead to less thorough vetting of projects, potentially overlooking environmental or financial risks, though no specific opposition is typically raised against expediting beneficial use projects in principle.
Tradeoffs
This provision balances the desire for rapid project implementation and environmental benefits with the need for thorough federal oversight and due diligence in project evaluation.
Section 1(b)
Reimbursement through User Fees
This section allows the Secretary of the Army to reimburse non-Federal partners for funds they provide for beneficial use activities. The reimbursement would come from subsequent user fees collected by the non-Federal interest, treating them similarly to private entities under existing federal law (33 U.S.C. 2326a(d)(2)). This aims to reduce the financial burden on local partners.
Section 1(c)
Exception for Dredged Material Management Plan Completion
This provision allows the Secretary to enter into beneficial use agreements even before a comprehensive dredged material management plan for a harbor is fully completed. This waiver is permitted if timely completion of the plan is not feasible due to complexity, controversy, or other compelling factors, and if there is inadequate capacity to accommodate the harbor's maintenance dredging needs.
The bill relies on and modifies existing authority under Section 217(c) and (d)(2) of the Water Resources Development Act of 1996 (33 U.S.C. 2326a) for partnership agreements and user fee reimbursement. Specifically, it extends the user fee reimbursement mechanism to non-Federal interests as if they were private entities.
Section 1(a) and 1(b)
Why it matters:This is standard legislative practice to build upon or amend existing law rather than re-codify it entirely, ensuring consistency with established federal water resources policy.
Case for: Supporters argue this approach ensures consistency with established federal water resources policy while providing targeted modifications to facilitate beneficial use projects in Ohio.
Case against: Critics might argue that relying on external statutory references makes the bill less transparent for readers unfamiliar with the underlying code, potentially obscuring the full legal context.
Estimated impact: This defines the legal framework and financial mechanisms for beneficial use projects, potentially affecting the financial viability and operational structure of such projects in Ohio by integrating them into existing federal programs.
Authorizes the Secretary to apply the practices and procedures described in part 337 of title 33, Code of Federal Regulations, to the facilities proposed for beneficial use agreements.
Section 1(d)
Why it matters:This is standard legislative practice to refer to existing regulatory frameworks for operational details, rather than embedding lengthy regulations directly into the statute.
Case for: Proponents argue this ensures that beneficial use facilities operate under established, environmentally sound practices and procedures, providing a familiar and consistent regulatory framework for USACE oversight.
Case against: Critics might argue that applying regulations primarily designed for dredged material disposal sites to beneficial use facilities could be overly restrictive or not perfectly suited for the specific nature of reuse projects, potentially hindering innovation.
Estimated impact: This influences the operational and environmental compliance requirements for beneficial use facilities in Ohio, ensuring a baseline of federal regulatory standards are met.