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33 U.S.C. § 2241 — Additional projects for underserved community harbors

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

33 U.S.C. § 2241 — Additional projects for underserved community harbors

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Stable record: federal_law:legal_authorities:record_usc_a7badf8031ffc2e7639fec74
Source file: Laws/federal/codes/united-states-code/title-33/section-2241-additional-projects-for-underserved-community-harbors--18bfe95705.md
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Source location: Title 33, Chapter 36, § 2241; chapter-036-water-resources-development.md

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**(a) In general** Subject to the availability of appropriations designated by statute as being for the purpose of carrying out this section, the Secretary may carry out projects for underserved community harbors for purposes of sustaining water-dependent commercial and recreational activities at such harbors and for purposes of contributing to ecosystem restoration. **(b) Beneficial use** (1) **Justification** — The Secretary may carry out a project under this section involving a disposal option for the beneficial use of dredged material that is not the least cost disposal option if the Secretary determines that the incremental cost of the disposal option is reasonable pursuant to the standard described in [section 2326(d)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2326/d/1&num=0&edition=prelim). (2) **Cost share** — The non-Federal share of the incremental cost of a project carried out under this section involving a disposal option for the beneficial use of dredged material that is not the least cost disposal option shall be determined as provided under subsections (a) through (d) of [section 2213 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2213&num=0&edition=prelim). **(c) Prioritization** The Secretary shall prioritize carrying out projects using funds made available under this section based on an assessment of— (1) the local or regional economic benefits of the project; (2) the environmental benefits of the project, including the benefits to the aquatic environment to be derived from the creation of wetland and control of shoreline erosion; and (3) other social effects of the project, including protection against loss of life and contributions to local or regional cultural heritage. **(d) Clarification** The Secretary shall not require the non-Federal interest for a project carried out under this section to perform additional operation and maintenance activities at the beneficial use placement site or the disposal site for such project as a condition of receiving assistance under this section. **(e) Federal participation limit** The Federal share of the cost of a project under this section shall not exceed $10,000,000. **(f) Statutory construction** Projects carried out under this section shall be in addition to operation and maintenance activities otherwise carried out by the Secretary for underserved community harbors using funds appropriated pursuant to [section 2238 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2238&num=0&edition=prelim) or section 102(a) of the Water Resources Development Act of 2020 ([33 U.S.C. 2238](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2238&num=0&edition=prelim) note). **(g) Definitions** In this section: (1) **Project** — The term “project” means a single cycle of maintenance dredging of an underserved community harbor and any associated placement of dredged material at a beneficial use placement site or disposal site. (2) **Underserved community harbor** — The term “underserved community harbor” means an emerging harbor (as defined in [section 2238(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2238/f&num=0&edition=prelim)), a harbor where passenger or freight service is provided to island communities dependent on that service, or a marina or berthing area that is located adjacent to, or is accessible by, a Federal navigation project, for which— (A) no Federal funds have been obligated for maintenance dredging in the current fiscal year or in any of the 4 preceding fiscal years; and (B) State and local investments in infrastructure have been made during any of the 4 preceding fiscal years. **(h) Authorization of appropriations** (1) **In general** — There is authorized to be appropriated to carry out this section $50,000,000 from the General Fund of the Treasury for each of fiscal years 2023 through 2029, to be deposited into the “corps of engineers—civil—operation and maintenance” account. (2) **Special rule** — Not less than 35 percent of the amounts made available to carry out this section for each fiscal year shall be used for projects involving the beneficial use of dredged material. **(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 described in subsection (g)(2).

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

33 U.S.C. § 2201 — Prior project authorization

In any case in which a project under the jurisdiction of the Secretary is budgeted under a different business line than the business line under which the project was originally authorized, the Secretary shall ensure that the project is carried out in accordance with any requirements that apply to the business line under which the project was originally authorized.

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

33 U.S.C. § 2238 — Construction in usable increments

Any navigation project for a harbor or inland harbor authorized by this subchapter or any other provision of law enacted before, on, or after November 17, 1986, may be constructed in usable increments.

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

33 U.S.C. § 2213 — Harbors

**(a) Construction** (1) **Payments during construction** — The non-Federal interests for a navigation project for a harbor or inland harbor, or any separable element thereof, on which a contract for physical construction has not been awarded before June 10, 2014, shall pay, during the period of construction of the project, the following costs associated with general navigation features: (A) 10 percent of the cost of construction of the portion of the project which has a depth not in excess of 20 feet; plus (B) 25 percent of the cost of construction of the portion of the project which has a depth in excess of 20 feet but not in excess of 55 feet; plus (C) 50 percent of the cost of construction of the portion of the project which has a depth in excess of 55 feet. (2) **Additional 10 percent payment over 30 years** — The non-Federal interests for a project to which paragraph (1) applies shall pay an additional 10 percent of the cost of the general navigation features of the project in cash over a period not to exceed 30 years, at an interest rate determined pursuant to [section 2216 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2216&num=0&edition=prelim). The value of lands, easements, rights-of-way, and relocations provided under paragraph (3) and the costs of relocations borne by the non-Federal interests under paragraph (4) shall be credited toward the payment required under this paragraph. (3) **Lands, easements, and rights-of-way** — Except as provided under [section 2283(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2283/c&num=0&edition=prelim), the non-Federal interests for a project to which paragraph (1) applies shall provide the lands, easements, rights-of-wa

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2213

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

33 U.S.C. § 2222 — Definitions

For purposes of this subchapter, terms shall have the meanings given by [section 2241 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2241&num=0&edition=prelim).

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

33 U.S.C. § 2238 — Authorization of appropriations

Page 727 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2238 ed on board a vessel while the vessel is in a harbor in which the vessel may be subject to the levy of port or harbor dues under this section shall, within forty-eight hours before departure of that vessel, deliver to the ap- propriate authorized representative ap- pointed under subsection (a)(6)(C) of this sec- tion an export declaration specifying the cargo to be loaded on board that vessel. (d) Enforcement At the request of an authorized representative referred to in subsection (a)(6)(C) of this section, the Secretary of the Treasury may: (1) withhold the clearance required by sec- tion 60105 of title 46 for a vessel if the master, owner, or operator of a vessel subject to port or harbor dues under this section fails to com- ply with the provisions of this section includ- ing any non-Federal law, regulation or ordi- nance issued hereunder; and (2) assess a penalty or initiate a forfeiture of the cargo in the same manner and under the same procedures as are applicable for failure to pay customs duties under the Tariff Act of 1930 (19 U.S.C. 1202 et seq.) if the shipper, con- signor, consignee, or terminal operator having title to or custody of cargo subject to port or harbor dues under this section fails to comply with the provisions of this section including any non-Federal law, regulation, or ordinance issued hereunder. (e) Maritime Lien Port or harbor dues levied under this section against a vessel constitute a maritime lien against the vessel and port or harbor dues levied against cargo constitute a lien against the cargo that may be recovered in an action in the dis- trict court of the United States for the district in which the vessel or cargo is found. (Pub. L. 99–662, tit

Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 2238

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

33 U.S.C. § 2241 — Definitions

Page 738 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2240 Harbor. Such sums shall remain available until ex- pended. ‘‘(d) REPORTS.—Not later than September 30, 1998, and periodically thereafter, the Administrator and the Sec- retary shall transmit to Congress a report on the re- sults of the project to be carried out under this section, including an assessment of the progress made in achieving the purpose of the project set forth in sub- section (a)(3). ‘‘(e) SUPPORT.—In carrying out the program under this section, the Secretary is encouraged to use con- tracts, cooperative agreements, and grants with col- leges and universities and other non-Federal entities.’’ ALTERNATIVES TO MUD DUMP SITE FOR DISPOSAL OF DREDGED MATERIAL Pub. L. 101–640, title IV, § 412, Nov. 28, 1990, 104 Stat. 4650, provided that: ‘‘(a) REPORT.—Within 90 days after the date of the en- actment of this Act [Nov. 28, 1990], the Administrator of the Environmental Protection Agency shall submit to the Congress a final report on the feasibility of des- ignating an alternative site to the Mud Dump Site at a distance not less than 20 miles from the shoreline. ‘‘(b) PLAN.—Within 180 days after the date of the en- actment of this Act [Nov. 28, 1990], the Secretary and the Administrator of the Environmental Protection Agency shall submit to Congress a plan for the long- term management of dredged material from the New York/New Jersey Harbor region. The plan shall in- clude— ‘‘(1) an identification of the source, quantities, and characteristics of material to be dredged; ‘‘(2) a discussion of potential alternative sites for disposal of dredged material, including the feasibility of altering the boundaries of the Mud Dump Site; ‘‘(3) measures to reduce the quantities of dredged material p

Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 2241

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