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33 U.S.C. § 2214 — Inland waterway transportation

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2214 — Inland waterway transportation

**(a) Construction** 75 percent of the costs of construction— (1) of each project authorized by title III of this Act, (2) of the project authorized by [section 652(j) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section652/j&num=0&edition=prelim), and (3) allocated to inland navigation for the project authorized by section 844 of this Act, shall be paid only from amounts appropriated from the general fund of the Treasury. 25 percent of such costs shall be paid only from amounts appropriated from the Inland Waterways Trust Fund. For purposes of this subsection, the term “construction” shall include planning, designing, engineering, surveying, the acquisition of all lands, easements, and rights-of-way necessary for the project, including lands for disposal of dredged material, and relocations necessary for the project. **(b) Operation and maintenance** The Federal share of the cost of operation and maintenance of any project for navigation on the inland waterways is 100 percent. **(c) Floodgates on the Inland Waterways** (1) **Operation and maintenance carried out by the Secretary** — Notwithstanding any other provision of law, the Secretary shall be responsible for the operation and maintenance, including repair, of any flood gate, as well as any pumping station constructed within the channel as a single unit with that flood gate, that— (A) was constructed as of June 10, 2014, as a feature of an authorized hurricane and storm damage reduction project; and (B) crosses an inland or intracoastal waterway described in [section 1804 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1804&num=0&edition=prelim). (2) **Non-Federal cost share** — The non-Federal share of the cost of opera

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Stable record: federal_law:legal_authorities:record_usc_42eb410d93668268443ecfd9
Source file: Laws/federal/codes/united-states-code/title-33/section-2214-inland-waterway-transportation--0eab0d217c.md
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Passage SHA-256: 83da9cf5535d4eb4f74f53190afa479cc9e6c5e02e15accaead4b23989a507b3

Source location: Title 33, Chapter 36, § 2214; chapter-036-water-resources-development.md

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**(a) Construction** 75 percent of the costs of construction— (1) of each project authorized by title III of this Act, (2) of the project authorized by [section 652(j) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section652/j&num=0&edition=prelim), and (3) allocated to inland navigation for the project authorized by section 844 of this Act, shall be paid only from amounts appropriated from the general fund of the Treasury. 25 percent of such costs shall be paid only from amounts appropriated from the Inland Waterways Trust Fund. For purposes of this subsection, the term “construction” shall include planning, designing, engineering, surveying, the acquisition of all lands, easements, and rights-of-way necessary for the project, including lands for disposal of dredged material, and relocations necessary for the project. **(b) Operation and maintenance** The Federal share of the cost of operation and maintenance of any project for navigation on the inland waterways is 100 percent. **(c) Floodgates on the Inland Waterways** (1) **Operation and maintenance carried out by the Secretary** — Notwithstanding any other provision of law, the Secretary shall be responsible for the operation and maintenance, including repair, of any flood gate, as well as any pumping station constructed within the channel as a single unit with that flood gate, that— (A) was constructed as of June 10, 2014, as a feature of an authorized hurricane and storm damage reduction project; and (B) crosses an inland or intracoastal waterway described in [section 1804 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1804&num=0&edition=prelim). (2) **Non-Federal cost share** — The non-Federal share of the cost of operation, maintenance, repair, rehabilitation, and replacement of any structure under this subsection shall be 35 percent. **(d) Authorizations from general fund** Any Federal responsibility— (1) with respect to a project authorized by title III or [section 652(j) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section652/j&num=0&edition=prelim), or (2) with respect to the portion of the project authorized by section 844 allocated to inland navigation, which responsibility is not provided for in subsection (a) of this section shall be paid only from amounts appropriated from the general fund of the Treasury.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2251 — Definitions

For purposes of this subchapter— (1) **Deep-draft harbor** — The term “deep-draft harbor” means a harbor which is authorized to be constructed to a depth of more than 45 feet (other than a project which is authorized by [section 202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section202&num=0&edition=prelim)). (2) **Eligible operations and maintenance** (A) Except as provided in subparagraph (B), the term “eligible operations and maintenance” means all Federal operations, maintenance, repair, and rehabilitation, including (i) maintenance dredging reasonably necessary to maintain the width and nominal depth of any harbor or inland harbor; (ii) the construction of dredged material disposal facilities that are necessary for the operation and maintenance of any harbor or inland harbor; (iii) dredging and disposing of contaminated sediments that are in or that affect the maintenance of Federal navigation channels; (iv) mitigating for impacts resulting from Federal navigation operation and maintenance activities; and (v) operating and maintaining dredged material disposal facilities. (B) As applied to the Saint Lawrence Seaway, the term “eligible operations and maintenance” means all operations, maintenance, repair, and rehabilitation, including maintenance dredging reasonably necessary to keep such Seaway or navigation improvements operated or maintained by the Great Lakes St. Lawrence Seaway Development Corporation in operation and reasonable state of repair. (C) The term “eligible operations and maintenance” does not include providing any lands, easements, or rights-of-way, or performing relocations required for project operations and maintenance. (3) **General cargo harbor** — The term “general cargo harbor” means a harb

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2251

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2212 — Review of contracting policies

**(a) Review of contractual agreements** (1) **In general** — Not later than 180 days after December 27, 2020, the Secretary shall complete a review of the policies, guidelines, and regulations of the Corps of Engineers for the development of contractual agreements between the Secretary and non-Federal interests and utilities associated with the construction of water resources development projects. (2) **Report** — Not later than 90 days after completing the review under subsection (a)(1), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, and make publicly available, a report that includes— (A) a summary of the results of the review; and (B) public guidance on best practices for a non-Federal interest to use when writing or developing contractual agreements with the Secretary and utilities. (3) **Provision of guidance** — The Secretary shall provide the best practices guidance included under paragraph (2)(A) to non-Federal interests prior to the development of contractual agreements with such non-Federal interests. **(b) Sense of Congress** It is the sense of Congress that the Secretary should maximize use of nonprice tradeoff procedures in competitive acquisitions for carrying out emergency work in an area with respect to which the President has declared a major disaster under [section 5170 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5170&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2212

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1804 — Inland and intracoastal waterways of the United States

For purposes of [section 4042 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section4042&num=0&edition=prelim) (relating to tax on fuel used in commercial transportation on inland waterways) and for purposes of section 1802 11 See References in Text note below. of this title, the following inland and intracoastal waterways of the United States are described in this section: (1) Alabama-Coosa Rivers: From junction with the Tombigbee River at river mile (hereinafter referred to as RM) 0 to junction with Coosa River at RM 314. (2) Allegheny River: From confluence with the Monongahela River to form the Ohio River at RM 0 to the head of the existing project at East Brady, Pennsylvania, RM 72. (3) Apalachicola-Chattahoochee and Flint Rivers: Apalachicola River from mouth at Apalachicola Bay (intersection with the Gulf Intracoastal Waterway) RM 0 to junction with Chattachoochee 22 So in original. Probably should be “Chattahoochee”. and Flint Rivers at RM 107.8. Chattachoochee 2 River from junction with Apalachicola and Flint Rivers at RM 0 to Columbus, Georgia, at RM 155 and Flint River, from junction with Apalachicola and Chattahoochee Rivers at RM 0 to Bainbridge, Georgia, at RM 28. (4) Arkansas River (McClellan-Kerr Arkansas River Navigation System): From junction with Mississippi River at RM 0 to port of Catoosa, Oklahoma, at RM 448.2. (5) Atchafalaya River: From RM 0 at its intersection with the Gulf Intracoastal Waterway at Morgan City, Louisiana, upstream to junction with Red River at RM 116.8. (6) Atlantic Intracoastal Waterway: Two inland water routes approximately paralleling the Atlantic coast between Norfolk, Virginia, and Miami, Florida, for 1,192 miles via both the Albermarle 33 So in original. Probably should be “Albemarl

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1804

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1962d–5g — Written agreement requirement for water resources projects

**(a) Cooperation of non-Federal interest** (1) **In general** — After December 31, 1970, the construction of any water resources project, or an acceptable separable element thereof, by the Secretary of the Army, acting through the Chief of Engineers, or by a non-Federal interest where such interest will be reimbursed for such construction under any provision of law, shall not be commenced until each non-Federal interest has entered into a written partnership agreement with the Secretary (or, where appropriate, the district engineer for the district in which the project will be carried out) under which each party agrees to carry out its responsibilities and requirements for implementation or construction of the project or the appropriate element of the project, as the case may be; except that no such agreement shall be required if the Secretary determines that the administrative costs associated with negotiating, executing, or administering the agreement would exceed the amount of the contribution required from the non-Federal interest and are less than $25,000. (2) **Liquidated damages** — A partnership agreement described in paragraph (1) may include a provision for liquidated damages in the event of a failure of one or more parties to perform. (3) **Obligation of future appropriations** — In any partnership agreement described in paragraph (1) and entered into by a State, or a body politic of the State which derives its powers from the State constitution, or a governmental entity created by the State legislature, the agreement may reflect that it does not obligate future appropriations for such performance and payment when obligating future appropriations would be inconsistent with constitutional or statutory limitations of the State or a political subdivision of

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1962d–5g

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2214 — General credit for flood control

Page 711 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2215 (Pub. L. 116–260, div. AA, title I, § 152, Dec. 27, 2020, 134 Stat. 2658; Pub. L. 117–263, div. H, title LXXXI, § 8380, Dec. 23, 2022, 136 Stat. 3828.) Editorial Notes CODIFICATION Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. AMENDMENTS 2022—Subsec. (a). Pub. L. 117–263 substituted ‘‘a flood risk management or coastal storm risk management project in a region’’ for ‘‘flood risk management project that incidentally generates seismic safety bene- fits in regions’’. Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 2 of div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title. § 2214. General credit for flood control (a) Guidelines Within one year after November 17, 1986, the Secretary shall issue guidelines to carry out this section, consistent with the principles and guidelines on project formulation. The guide- lines shall include criteria for determining whether work carried out by non-Federal inter- ests is compatible with a project for flood con- trol and procedures for making such determina- tions. The guidelines under this section shall be promulgated after notice in the Federal Register and opportunity for comment. (b) Analysis of costs and benefits The guidelines established under subsection (a) shall provide for the Secretary to consider, in analyzing the costs and benefits of a proposed project for flood control, the costs and benefits produced by any flood control work carried out by non-Federal interests that the Secretary de- termines to be compatible with the

Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 2214

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