33 U.S.C. § 2212 — Inland waterway transportation

Page 703 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2212 ‘‘(2) any revision of the cost-sharing requirements would benefit United States domestic and inter- national trade. ‘‘(b) RECOMMENDATIONS.— ‘‘(1) IN GENERAL.—Not later than May 30, 2001, the Secretary shall submit to the Committee on Environ- ment and Public Works of the Senate and the Com- mittee on Transportation and Infrastructure of the House of Representatives any recommendations that the Secretary may have in light of the study under subsection (a). ‘‘(2) CONSIDERATIONS.—In making recommenda- tions, the Secretary shall consider— ‘‘(A) the potential economic, environmental, and budgetary impacts of any proposed revision of the cost-sharing requirements; and ‘‘(B) the effect that any such revision would have on regional port competition.’’ AMENDMENT OF COOPERATION AGREEMENT Pub. L. 104–303, title II, § 201(f), Oct. 12, 1996, 110 Stat. 3673, provided that: ‘‘If requested by the non-Federal in- terest, the Secretary shall amend a project cooperation agreement executed on or before the date of the enact- ment of this Act [Oct. 12, 1996] to reflect the applica- tion of the amendments made by this section [amend- ing this section and section 2241 of this title] to any project for which a contract for construction has not been awarded on or before that date.’’ INCREASES IN NON-FEDERAL SHARE OF COSTS Pub. L. 104–303, title II, § 201(g), Oct. 12, 1996, 110 Stat. 3673, provided that: ‘‘Nothing in this section [amending this section and section 2241 of this title and enacting provisions set out above] (including the amendments made by this section) shall increase, or result in the in- crease of, the non-Federal share of the costs of— ‘‘(1) expanding any confined dredged material dis- posal facility that is operated by the Secretary and that is authorized for cost recovery through the col- lection of tolls; ‘‘(2) any confined dredged material disposal facility for which the invitation for bids for construction was issued before the date of the enactment of this Act [Oct. 12, 1996]; and ‘‘(3) expanding any confined dredged material dis- posal facility constructed under section 123 of the River and Harbor Act of 1970 (33 U.S.C. 1293a) if the capacity of the confined dredged material disposal fa- cility was exceeded in less than 6 years.’’ DREDGED MATERIAL DISPOSAL AREAS STUDY Pub. L. 102–580, title II, § 216, Oct. 31, 1992, 106 Stat. 4832, directed Secretary to conduct a study on the need for changes in Federal law and policy with respect to dredged material disposal areas for construction and maintenance of harbors and inland harbors by Sec- retary and, not later than 18 months after Oct. 31, 1992, to transmit to Congress a report on the results of the study, together with recommendations of the Sec- retary. § 2211a. Preserving United States harbors (a) In general Upon a request from a non-Federal interest, the Secretary shall review a report developed by the non-Federal interest that provides an eco- nomic justification for Federal investment in the operation and maintenance of a federally au- thorized harbor or inland harbor (referred to in this section as a ‘‘federally authorized harbor’’). (b) Justification of investment A report submitted under subsection (a) may provide for an economic justification of Federal investment in the operation and maintenance of a federally authorized harbor based on— (1) the projected economic benefits, includ- ing transportation savings and job creation; and (2) other factors, including navigation safe- ty, national security, and sustainability of subsistence harbors. (c) Written response Not later than 180 days after the date on which the Secretary receives a report under subsection (a), the Secretary shall provide to the non-Fed- eral interest a written response to the report, including an assessment of the information pro- vided by the non-Federal interest. (d) Prioritization As the Secretary determines to be appro- priate, the Secretary may use the information provided in the report under subsection (a) to justify additional operation and maintenance funding for a federally authorized harbor in ac- cordance with section 2211(b) of this title. (e) Limitation on statutory construction Nothing in this section may be construed to preclude the operation and maintenance of a federally authorized harbor under section 2211(b) of this title. (Pub. L. 113–121, title II, § 2107, June 10, 2014, 128 Stat. 1281.) Editorial Notes CODIFICATION Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 2 of Pub. L. 113–121, set out as a note under section 2201 of this title. § 2212. 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, 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 per- cent of such costs shall be paid only from amounts appropriated from the Inland Water- ways Trust Fund. For purposes of this sub- section, 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. Page 704 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2213 (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 oper- ation 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 wa- terway described in section 1804 of this title. (2) Non-Federal cost share The non-Federal share of the cost of oper- ation, maintenance, repair, rehabilitation, and replacement of any structure under this sub- section 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, 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 sub- section (a) of this section shall be paid only from amounts appropriated from the general fund of the Treasury. (Pub. L. 99–662, title I, § 102, Nov. 17, 1986, 100 Stat. 4084; Pub. L. 113–121, title II, § 2013, June 10, 2014, 128 Stat. 1271; Pub. L. 117–263, div. H, title LXXXI, § 8157(a), Dec. 23, 2022, 136 Stat. 3738; Pub. L. 118–272, div. A, title I, § 1126(a), Jan. 4, 2025, 138 Stat. 3018.) Editorial Notes REFERENCES IN TEXT Title III of this Act, referred to in subsecs. (a)(1) and (d)(1), is title III of Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4109, consisting of sections 301 and 302. The projects authorized by title III probably mean the projects authorized by section 301 of Pub. L. 99–662, which is not classified to the Code. Section 302 of Pub. L. 99–662, which established the Inland Waterways Users Board, is classified to section 2251 of this title. Section 844 of this Act, referred to in subsecs. (a)(3) and (d)(2), is section 844 of Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4177, which is not classified to the Code. AMENDMENTS 2025—Subsec. (a). Pub. L. 118–272 substituted ‘‘75 per- cent of the costs’’ for ‘‘65 percent of the costs’’ in intro- ductory provisions and ‘‘25 percent of such costs’’ for ‘‘35 percent of such costs’’ in concluding provisions. 2022—Subsec. (a). Pub. L. 117–263 substituted ‘‘65 per- cent of the costs’’ for ‘‘One-half of the costs’’ in intro- ductory provisions and ‘‘35 percent of such costs’’ for ‘‘One-half of such costs’’ in concluding provisions. 2014—Subsecs. (c), (d). Pub. L. 113–121 added subsec. (c) and redesignated former subsec. (c) as (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2025 AMENDMENT Pub. L. 118–272, div. A, title I, § 1126(b), Jan. 4, 2025, 138 Stat. 3018, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall apply be- ginning on October 1, 2024, to any construction of a project for navigation on the inland waterways that is new or ongoing on or after that date.’’ EFFECTIVE DATE OF 2022 AMENDMENT Pub. L. 117–263, div. H, title LXXXI, § 8157(b), Dec. 23, 2022, 136 Stat. 3738, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall apply beginning on October 1, 2022, to any construction of a project for navigation on the inland waterways that is new or ongoing on or after that date.’’ INLAND WATERWAY PROJECTS Pub. L. 116–260, div. AA, title I, § 109, Dec. 27, 2020, 134 Stat. 2624, as amended by Pub. L. 117–263, div. H, title LXXXI, § 8157(c), Dec. 23, 2022, 136 Stat. 3738, provided that: ‘‘Notwithstanding section 102 of the Water Re- sources Development Act of 1986 (33 U.S.C. 2212), for a project for navigation on the inland waterways receiv- ing a construction appropriation during any of fiscal years 2021 through 2022, 35 percent of the costs of con- struction of the project shall be paid from amounts ap- propriated from the Inland Waterways Trust Fund until such construction of the project is complete.’’ ACCEPTANCE OF CONTRIBUTED FUNDS TO INCREASE LOCK OPERATIONS Pub. L. 113–121, title I, § 1017, June 10, 2014, 128 Stat. 1223, as amended by Pub. L. 115–270, title I, § 1135, Oct. 23, 2018, 132 Stat. 3783, provided that: ‘‘(a) IN GENERAL.—The Secretary [of the Army], after providing public notice, shall establish a pilot program for the acceptance and expenditure of funds contributed by non-Federal interests to increase the hours of oper- ation of locks at water resources development projects. ‘‘(b) APPLICABILITY.—The establishment of the pilot program under this section shall not affect the periodic review and adjustment of hours of operation of locks based on increases in commercial traffic carried out by the Secretary. ‘‘(c) PUBLIC COMMENT.—Not later than 180 days before a proposed modification to the operation of a lock at a water resources development project will be carried out, the Secretary shall— ‘‘(1) publish the proposed modification in the Fed- eral Register; and ‘‘(2) accept public comment on the proposed modi- fication. ‘‘(d) REPORTS.— ‘‘(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act [June 10, 2014], the Sec- retary shall submit to the Committee on Environ- ment and Public Works of the Senate and the Com- mittee on Transportation and Infrastructure of the House of Representatives and make publicly avail- able a report that evaluates the cost-savings result- ing from reduced lock hours and any economic im- pacts of modifying lock operations. ‘‘(2) REVIEW OF PILOT PROGRAM.—Not later than September 30, 2017, and each year thereafter, the Sec- retary shall submit to the Committee on Environ- ment and Public Works of the Senate and the Com- mittee on Transportation and Infrastructure of the House of Representatives a report that describes the effectiveness of the pilot program under this section. ‘‘(e) ANNUAL REVIEW.—The Secretary shall carry out an annual review of the commercial use of locks and make any necessary adjustments to lock operations based on that review. ‘‘(f) TERMINATION.—The authority to accept funds under this section shall terminate 10 years after the date of enactment of this Act.’’ § 2213. Flood control and other purposes (a) Flood control (1) General rule The non-Federal interests for a project with costs assigned to flood control (other than a nonstructural project) shall—