33 U.S.C. § 2211a — Preserving United States harbors

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.