-CITE- 33 USC CHAPTER 36 - WATER RESOURCES DEVELOPMENT 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 36 - WATER RESOURCES DEVELOPMENT -HEAD- CHAPTER 36 - WATER RESOURCES DEVELOPMENT -MISC1- Sec. 2201. "Secretary" defined. SUBCHAPTER I - COST SHARING 2211. Harbors. (a) Construction. (b) Operation and maintenance. (c) Erosion or shoaling attributable to Federal navigation works. (d) Non-Federal payments during construction. (e) Agreement. (f) Consideration of funding requirements and equitable apportionment. 2212. Inland waterway transportation. (a) Construction. (b) Operation and maintenance. (c) Authorizations from general fund. 2213. Flood control and other purposes. (a) Flood control. (b) Nonstructural flood control projects. (c) Other purposes. (d) Certain other costs assigned to project purposes. (e) Applicability. (f) "Separable element" defined. (g) Deferral of payment. (h) Assigned joint and separable costs. (i) Lands, easements, rights-of-way, dredged material disposal areas, and relocations. (j) Agreement. (k) Payment options. (l) Delay of initial payment. (m) Ability to pay. 2214. General credit for flood control. (a) Guidelines. (b) Analysis of costs and benefits. (c) Crediting of non-Federal share. (d) Procedure for work done before November 17, 1986. (e) Procedure for work done after November 17, 1986. (f) Limitation not applicable. (g) Cash contribution not affected. 2215. Feasibility studies; planning, engineering, and design. (a) Feasibility studies. (b) Planning and engineering. (c) Design. 2216. Rate of interest. 2217. Limitation on applicability of certain provisions in reports. 2218. General applicability of cost sharing. 2219. Definitions. 2220. Rivers and harbors and other waterways projects for benefit of navigation, flood control, hurricane protection, beach erosion control, and other purposes. (a) Congressional declaration of policy; purchase of indebtedness and loans to local interests to meet contribution requirements. (b) Authorization of appropriations. 2221. Cost limitations on projects. SUBCHAPTER II - HARBOR DEVELOPMENT 2231. Studies of projects by non-Federal interests. (a) Submission to Secretary. (b) Review by Secretary. (c) Submission to Congress. (d) Credit and reimbursement. 2232. Construction of projects by non-Federal interests. (a) Authority. (b) Studies and engineering. (c) Completion of studies. (d) Authority to carry out improvement. (e) Reimbursement. (f) Operation and maintenance. (g) Demonstration of non-Federal interests acting as agent of Secretary. 2233. Coordination and scheduling of Federal, State, and local actions. (a) Notice of intent. (b) Procedural requirements. (c) Scheduling agreement. (d) Contents of agreement. (e) Preliminary decision. (f) Revision of agreement. (g) Progress reports. (h) Final decision. (i) Report on timesavings methods. 2234. Nonapplicability to Saint Lawrence Seaway. 2235. Construction in usable increments. 2236. Port or harbor dues. (a) Consent of Congress. (b) Jurisdiction. (c) Collection of duties. (d) Enforcement. (e) Maritime lien. 2237. Information for national security. 2238. Authorization of appropriations. (a) Trust fund. (b) General fund. 2239. Repealed. 2240. Emergency response services. (a) Grants. (b) Authorization of appropriations. 2241. Definitions. SUBCHAPTER III - INLAND WATERWAY TRANSPORTATION SYSTEM 2251. Inland Waterways Users Board. (a) Establishment of Users Board. (b) Duties. (c) Administration. SUBCHAPTER IV - WATER RESOURCES STUDIES 2261. Territories development study. 2262. Survey of potential for use of certain facilities as hydroelectric facilities. (a) Survey authority. (b) Authorization of appropriations. 2263. Study of Corps capability to conserve fish and wildlife. (a) Investigation and study. (b) Projects. 2264. Deauthorization of studies. 2265. Columbia River/Arkansas River Basin transfers. 2266. Canadian tidal power study. (a) Study authority. (b) Study phases. (c) Authorization of appropriations. 2267. New York Bight study. (a) Study authority. (b) Study of physical hydraulic model. (c) Agency coordination; findings and recommendations. (d) Authorization of appropriations. 2267a. Watershed and river basin assessments. (a) In general. (b) Cooperation. (c) Consultation. (d) Priority river basins and watersheds. (e) Acceptance of contributions. (f) Cost-sharing requirements. (g) Authorization of appropriations. 2268. Marine technology review. (a) Dredging needs. (b) Authorization of appropriations. 2269. Tribal partnership program. (a) Definition of Indian tribe. (b) Program. (c) Consultation and coordination with Secretary of the Interior. (d) Cost sharing. (e) Authorization of appropriations. SUBCHAPTER V - GENERAL PROVISIONS 2280. Maximum cost of projects. 2281. Matters to be addressed in planning. 2282. Feasibility reports. (a) Report authority; contents; views of other agencies. (b) Reconnaissance studies. (c) Benefits to Indian tribes. (d) Use of standard and uniform procedures and practices. (e) Enhanced public participation. 2283. Fish and wildlife mitigation. (a) Steps to be taken prior to or concurrently with construction. (b) Acquisition of lands or interests in lands for mitigation. (c) Allocation of mitigation costs. (d) Mitigation plans as part of project proposals. (e) First enhancement costs as Federal costs. (f) National benefits from enhancement measures for Atchafalaya Floodway System and Mississippi Delta Region projects. (g) Fish and Wildlife Coordination Act supplementation. 2284. Benefits and costs attributable to environmental measures. 2284a. Benefits to navigation. 2284b. Scenic and aesthetic considerations. 2285. Environmental Protection and Mitigation Fund. 2286. Acceptance of certain funds for mitigation. 2287. Continued planning and investigations. (a) Pre-authorization planning and engineering. (b) Omitted. (c) Authorizations as additions to other authorizations. 2288. Review of cost effectiveness of design. 2289. Urban and rural flood control frequency. 2290. Flood control in Trust Territory of the Pacific Islands. 2291. Federal Project Repayment District. 2292. Surveying and mapping. 2293. Reprogramming during national emergencies. (a) Termination or deferment of civil works projects; application of resources to national defense projects. (b) Termination of state of war or national emergency. 2294. Office of Environmental Policy. 2295. Compilation of laws; annual reports. (a) Federal laws relating to improvements of rivers and harbors, flood control, beach erosion, and other water resources development. (b) Annual report. (c) Biennial reports for each State. 2296. Acquisition of recreation lands. 2297. Operation and maintenance on recreation lands. 2298. Impact of proposed projects on existing recreation facilities. 2299. Acquisition of beach fill. 2300. Study of Corps capabilities. 2301, 2302. Omitted. 2303. Historical properties. 2304. Separability. 2305. Use of FMHA funds. 2306. Reports. 2307. Control of ice. (a) Program authority. (b) Assistance to units of local government. (c) Authorization of appropriations. (d) Hardwick, Vermont, demonstration program. (e) Salmon, Idaho, experimental program. (f) Wilmington, Illinois, project. (g) Cost sharing. (h) Report to Congress. 2308. Campgrounds for senior citizens. (a) Establishment and development. (b) Control of campground use and access. (c) Authorization of appropriations. (d) Campground at Sam Rayburn Dam and Reservoir, Texas. (e) Control of use and access to campground at Sam Rayburn Dam and Reservoir, Texas. (f) Authorization of appropriations. (g) Boundaries of campground at Sam Rayburn Dam and Reservoir, Texas. 2309. Great Lakes Commodities Marketing Board. (a) Congressional declaration of purpose. (b) Establishment; strategy development; composition of Board; Director; report; termination. (c) International advisory group. (d) Review of environmental, economic, and social impacts of navigation in United States portion of Great Lakes. 2309a. Project modifications for improvement of environment. (a) Determination of need. (b) Authority to make modifications. (c) Restoration of environmental quality. (d) Non-Federal share; limitation on maximum Federal expenditure. (e) Coordination of actions. (f) Omitted. (g) Nonprofit entities. (h) Authorization of appropriations. (i) Definition. 2310. Cost sharing for Territories. 2311. Report to Congress covering proposals for water impoundment facilities. 2312. Comments on certain changes in operations of reservoirs. 2313. Collaborative research and development. (a) In general. (b) Pre-agreement temporary protection of technology. (c) Administrative provisions. (d) Applicability of other laws. (e) Authorization of appropriations. (f) Funding from other Federal sources. 2313a. Engineering and environmental innovations of national significance. (a) Surveys, plans, and studies. (b) Funding. 2313b. Support of Army civil works program. (a) General authority. (b) Commercial application. 2314. Innovative technology. (a) Use. (b) Accelerated adoption of innovative technologies for management of contaminated sediments. (c) Reports. (d) "Innovative technology" defined. 2314a. Technical assistance program. (a) In general. (b) Federal employees' inventions. (c) Protection of confidential information. (d) Definitions. 2315. Periodic statements. 2316. Environmental protection mission. (a) General rule. (b) Limitation. 2317. Wetlands. (a) Goals and action plan. (b) Constructed wetlands for Mud Creek, Arkansas. (c) Non-Federal responsibilities. (d) Wetlands restoration and enhancement demonstration program. (e) Training and certification of delineators. 2318. Flood plain management. (a) Exclusion of elements from benefit-cost analysis. (b) Flood damage reduction benefits. (c) Counties substantially located within 100-year flood plain. (d) Cost sharing. (e) Regulations. (f) Applicability. 2319. Reservoir management. 2320. Protection of recreational and commercial uses. (a) General rule. (b) Maintenance. (c) Mitigation. (d) Applicability. (e) Cost sharing. 2321. Operation and maintenance of hydroelectric facilities. 2321a. Hydroelectric power project uprating. (a) In general. (b) Consultation. (c) Use of funds provided by preference customers. (d) Application. (e) Effect on other authority. 2322. Single entities. 2323. Technical assistance to private entities. (a) Use of Corps research and development labs. (b) Contract. 2323a. Interagency and international support authority. (a) In general. (b) Consultation. (c) Use of Corps' expertise. (d) Funding. 2324. Reduced pricing for certain water supply storage. (a) Provision of storage space. (b) Maximum amount of storage space. (c) Price. (d) Determinations. (e) Inflation adjustment of dollar amount. (f) Non-Federal responsibilities. (g) "Low income community" defined. 2325. Voluntary contributions for environmental and recreation projects. (a) Acceptance. (b) Deposit. 2326. Beneficial uses of dredged material. (a) In general. (b) Secretarial findings. (c) Cooperative agreement. (d) Determination of construction costs. (e) Selection of dredged material disposal method. (f) Authorization of appropriations. (g) Nonprofit entities. 2326a. Dredged material disposal facility partnerships. (a) Additional capacity. (b) Non-Federal use of disposal facilities. (c) Public-private partnerships. 2326b. Sediment management. (a) In general. (b) Contents of strategies. (c) Consultation. (d) Dredged material disposal. (e) Great Lakes tributary model. (f) "Great Lakes States" defined. (g) Authorization of appropriations. 2326c. Dredged material marketing and recycling. (a) Dredged material marketing. (b) Dredged material recycling. 2327. Definition of rehabilitation for inland waterway projects. 2328. Challenge cost-sharing program for management of recreation facilities. (a) In general. (b) Cooperative agreements. (c) Contributions. 2329. International outreach program. (a) In general. (b) Cooperation. (c) Funding. 2330. Aquatic ecosystem restoration. (a) General authority. (b) Cost sharing. (c) Agreements. (d) Cost limitation. (e) Funding. 2331. Use of continuing contracts for construction of certain projects. (a) In general. (b) Continuing contracts. (c) Initiation of construction clarified. 2332. Flood mitigation and riverine restoration program. (a) In general. (b) Studies and projects. (c) Cost-sharing requirements. (d) Project justification. (e) Priority areas. (f) Program review. (g) Maximum Federal cost per project. (h) Procedure. (i) Authorization of appropriations. 2333. Irrigation diversion protection and fisheries enhancement assistance. (a) In general. (b) Cooperation. (c) Priority. (d) Non-Federal share. (e) No construction activity. (f) Report. 2334. Innovative technologies for watershed restoration. 2335. Coastal aquatic habitat management. (a) In general. (b) Assistance. (c) Cost sharing. (d) Operation and maintenance. (e) Authorization of appropriations. 2336. Abandoned and inactive noncoal mine restoration. (a) In general. (b) Specific measures. (c) Non-Federal share. (d) Effect on authority of Secretary of the Interior. (e) Technology database for reclamation of abandoned mines. (f) Authorization of appropriations. 2337. Property protection program. (a) In general. (b) Provision of rewards. (c) Authorization of appropriations. 2338. Reburial and conveyance authority. (a) Definition of Indian tribe. (b) Reburial. (c) Conveyance authority. 2339. Assistance programs. (a) Conservation and recreation management. (b) Rural community assistance. (c) Cooperative agreements. -End- -CITE- 33 USC Sec. 2201 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 36 - WATER RESOURCES DEVELOPMENT -HEAD- Sec. 2201. "Secretary" defined -STATUTE- For purposes of this Act, the term "Secretary" means the Secretary of the Army. -SOURCE- (Pub. L. 99-662, Sec. 2, Nov. 17, 1986, 100 Stat. 4082.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 99-662, Nov. 17, 1986, 100 Stat. 4082, as amended, known as the Water Resources Development Act of 1986. For complete classification of this Act to the Code, see Short Title note set out below and Tables. -MISC1- SHORT TITLE OF 2000 AMENDMENT Pub. L. 106-541, Sec. 1(a), Dec. 11, 2000, 114 Stat. 2572, provided that: "This Act [see Tables for classification] may be cited as the 'Water Resources Development Act of 2000'." SHORT TITLE OF 1999 AMENDMENT Pub. L. 106-53, Sec. 1(a), Aug. 17, 1999, 113 Stat. 269, provided that: "This Act [see Tables for classification] may be cited as the 'Water Resources Development Act of 1999'." SHORT TITLE OF 1996 AMENDMENT Pub. L. 104-303, Sec. 1(a), Oct. 12, 1996, 110 Stat. 3658, provided that: "This Act [see Tables for classification] may be cited as the 'Water Resources Development Act of 1996'." SHORT TITLE OF 1992 AMENDMENT Pub. L. 102-580, Sec. 1(a), Oct. 31, 1992, 106 Stat. 4797, provided that: "This Act [enacting sections 59gg, 426i-1, 569d to 569f, 653, 1271, 2268, and 2325 to 2329 of this title, amending sections 426j, 467f, 467j to 467l, 562, 652, 1342, 1412, 1413, 1414, 1415, 1416, 1420, 1421, 2211, 2213, 2283, and 2309a of this title, section 3036 of Title 10, Armed Forces, sections 460tt, 4702, and 4711 of Title 16, Conservation, and section 1962d-16 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under this section and sections 541, 1271, 2211, 2239, 2267, and 2281 of this title, section 9505 of Title 26, Internal Revenue Code, and sections 390h-4 and 390h-5 of Title 43, Public Lands] may be cited as the 'Water Resources Development Act of 1992'." SHORT TITLE OF 1990 AMENDMENT Pub. L. 101-640, Sec. 1(a), Nov. 28, 1990, 104 Stat. 4604, provided that: "This Act [enacting sections 59bb and 2316 to 2324 of this title, amending sections 579a, 652, 701n, 709a, 2213, 2215, 2232, 2238, 2281, 2309a, and 2314a of this title, section 460tt of Title 16, Conservation, and section 1962d-16 of Title 42, The Public Health and Welfare, repealing sections 579 and 2239 of this title, enacting provisions set out as notes under this section, sections 426e, 1252, 1268, 2213, 2232, 2239, 2313, and 2317 of this title, and section 1405c of Title 48, Territories and Insular Possessions, and amending provisions set out as notes under sections 2294 and 2314 of this title and section 460d of Title 16] may be cited as the 'Water Resources Development Act of 1990'." SHORT TITLE OF 1988 AMENDMENT Pub. L. 100-676, Sec. 1(a), Nov. 17, 1988, 102 Stat. 4012, provided that: "This Act [enacting sections 59j-1, 59y, 59z, and 2312 to 2315 of this title, amending sections 426j, 701b-12, 1293a, 2211, 2239, 2280, and 2291 of this title and section 1962d-5a of Title 42, The Public Health and Welfare, enacting provisions set out as notes under this section, sections 579a, 988, 2211, 2294, 2300, and 2314 of this title, and section 1962d-5g of Title 42, and amending provisions set out as a note under section 2294 of this title] may be cited as the 'Water Resources Development Act of 1988'." SHORT TITLE Section 1(a) of Pub. L. 99-662 provided that: "This Act [enacting this chapter and sections 59n-1, 59v, 59w, 403b, 426n, 426o, 467f to 467n, 555a, 579a, 652, 701b-12, 709b, 988a, and 1414a of this title, sections 460tt of Title 16, Conservation, sections 4461, 4462, 9505, and 9506 of Title 26, Internal Revenue Code, section 483d of former Title 40, Public Buildings, Property, and Works, and sections 1962d-11b and 1962d-20 of Title 42, The Public Health and Welfare, amending sections 409, 414, 415, 426g, 426i, 426j, 426m, 467, 467b, 555, 557, 603a, 610, 701a-1, 701g, 701n, 701r, 701s, 984, and 1804 of this title, section 3036 of Title 10, Armed Forces, sections 460ee and 1002 of Title 16, section 4042 of Title 26, sections 1962d-5a, 1962d-5b, 1962d-5d, 1962d-5f, and 1962d-16 of Title 42, sections 390 and 390b of Title 43, Public Lands, and section 1121-1 of Title 46, Appendix, Shipping, repealing sections 1801 and 1802 of this title, enacting provisions set out as notes under this section, sections 426, 426g, 467, 661, 984, 988, 1414a, and 2294 of this title, sections 460d and 1004 of Title 16, sections 1, 4042, 4461, 9505, and 9506 of Title 26, sections 1962d- 5b, 1962d-20, and 10301 of Title 42, and section 390b of Title 43, and amending provisions set out as a note under section 1962b-3 of Title 42] may be cited as the 'Water Resources Development Act of 1986'." Section 215 of title II of Pub. L. 99-662 provided that: "This title [enacting subchapter II of this chapter] may be cited as the 'Harbor Development and Navigation Improvement Act of 1986'." FUNDING TO PROCESS PERMITS Pub. L. 106-541, title II, Sec. 214, Dec. 11, 2000, 114 Stat. 2594, as amended by Pub. L. 108-137, title I, Sec. 114, Dec. 1, 2003, 117 Stat. 1836; Pub. L. 109-99, Sec. 1, Nov. 11, 2005, 119 Stat. 2169, provided that: "(a) In General. - The Secretary, after public notice, may accept and expend funds contributed by non-Federal public entities to expedite the evaluation of permits under the jurisdiction of the Department of the Army. "(b) Effect on Permitting. - In carrying out this section, the Secretary shall ensure that the use of funds accepted under subsection (a) will not impact impartial decisionmaking with respect to permits, either substantively or procedurally. "(c) Duration of Authority. - The authority provided under this section shall be in effect from October 1, 2000, through March 31, 2006." MONITORING Pub. L. 106-541, title II, Sec. 223, Dec. 11, 2000, 114 Stat. 2597, provided that: "(a) In General. - The Secretary shall conduct a monitoring program of the economic and environmental results of up to 5 eligible projects selected by the Secretary. "(b) Duration. - The monitoring of a project selected by the Secretary under this section shall be for a period of not less than 12 years beginning on the date of its selection. "(c) Reports. - The Secretary shall transmit to Congress every 3 years a report on the performance of each project selected under this section. "(d) Eligible Project Defined. - In this section, the term 'eligible project' means a water resources project, or separable element thereof - "(1) for which a contract for physical construction has not been awarded before the date of enactment of this Act [Dec. 11, 2000]; "(2) that has a total cost of more than $25,000,000; and "(3)(A) that has as a benefit-to-cost ratio of less than 1.5 to 1; or "(B) that has significant environmental benefits or significant environmental mitigation components. "(e) Costs. - The cost of conducting monitoring under this section shall be a Federal expense." WATER CONTROL MANAGEMENT Pub. L. 106-53, title V, Sec. 511, Aug. 17, 1999, 113 Stat. 341, provided that: "(a) In General. - In evaluating potential improvements for water control management activities and consolidation of water control management centers, the Secretary may consider a regionalized water control management plan but may not implement such a plan until the date on which a report is submitted under subsection (b). "(b) Report. - Not later than 180 days after the date of enactment of this Act [Aug. 17, 1999], the Secretary shall submit to the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives and the Committee on Environment and Public Works and the Committee on Appropriations of the Senate a report containing - "(1) a description of the primary objectives of streamlining water control management activities; "(2) a description of the benefits provided by streamlining water control management activities through consolidation of centers for those activities; "(3) a determination whether the benefits to users of establishing regional water control management centers will be retained in each district office of the Corps of Engineers that does not have a regional center; "(4) a determination whether users of regional centers will receive a higher level of benefits from streamlining water control management activities; and "(5) a list of the members of Congress who represent a district that includes a water control management center that is to be eliminated under a proposed regionalized plan." BUY AMERICAN; SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE Pub. L. 106-53, title II, Sec. 222, Aug. 17, 1999, 113 Stat. 295, provided that: "(a) In General. - It is the sense of Congress that, to the extent practicable, all equipment and products purchased with funds made available under this Act [see Tables for classification] should be American made. "(b) Notice to Recipients of Assistance. - In providing financial assistance under this Act, the Secretary, to the greatest extent practicable, shall provide to each recipient of the assistance a notice describing the statement made in subsection (a)." Pub. L. 104-303, title II, Sec. 235, Oct. 12, 1996, 110 Stat. 3704, provided that: "(a) Purchase of American-Made Equipment and Products. - It is the sense of Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Act [see Tables for classification] should be American-made. "(b) Notice to Recipients of Assistance. - In providing financial assistance under this Act, the Secretary, to the greatest extent practicable, shall provide to each recipient of the assistance a notice describing the statement made in subsection (a)." BUDGET ACT REQUIREMENTS Section 948 of Pub. L. 99-662 provided that: "Any spending authority under this Act [see Short Title note above] shall be effective only to such extent and in such amounts as are provided in appropriation Acts. For purposes of this Act, the term 'spending authority' has the meaning provided in section 401(c)(2) of the Congressional Budget Act of 1974 [2 U.S.C. 651(c)(2)], except that such term does not include spending authority for which an exception is made under section 401(d) of such Act." -CROSS- "SECRETARY" DEFINED Pub. L. 106-541, Sec. 2, Dec. 11, 2000, 114 Stat. 2575, provided that: "In this Act [see Tables for classification], the term 'Secretary' means the Secretary of the Army." Pub. L. 106-53, Sec. 2, Aug. 17, 1999, 113 Stat. 273, provided that: "In this Act [see Tables for classification], the term 'Secretary' means the Secretary of the Army." Pub. L. 104-303, Sec. 2, Oct. 12, 1996, 110 Stat. 3662, provided that: "In this Act [see Tables for classification], the term 'Secretary' means the Secretary of the Army." Pub. L. 102-580, Sec. 3, Oct. 31, 1992, 106 Stat. 4801, provided that: "For purposes of this Act [see Short Title of 1992 Amendment note above], the term 'Secretary' means the Secretary of the Army." Pub. L. 101-640, Sec. 2, Nov. 28, 1990, 104 Stat. 4605, provided that: "For purposes of this Act [see Short Title of 1990 Amendment note above], the term 'Secretary' means the Secretary of the Army." Pub. L. 100-676, Sec. 2, Nov. 17, 1988, 102 Stat. 4013, provided that: "For purposes of this Act [see Short Title of 1988 Amendment note above], the term 'Secretary' means the Secretary of the Army." -End- -CITE- 33 USC SUBCHAPTER I - COST SHARING 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 36 - WATER RESOURCES DEVELOPMENT SUBCHAPTER I - COST SHARING -HEAD- SUBCHAPTER I - COST SHARING -End- -CITE- 33 USC Sec. 2211 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 36 - WATER RESOURCES DEVELOPMENT SUBCHAPTER I - COST SHARING -HEAD- Sec. 2211. Harbors -STATUTE- (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 November 17, 1986, 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 45 feet; plus (C) 50 percent of the cost of construction of the portion of the project which has a depth in excess of 45 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. 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, the non- Federal interests for a project to which paragraph (1) applies shall provide the lands, easements, rights-of-way, and relocations (other than utility relocations under paragraph (4)) necessary for the project, including any lands, easements, rights- of-way, and relocations (other than utility relocations accomplished under paragraph (4)) that are necessary for dredged material disposal facilities. (4) Utility relocations The non-Federal interests for a project to which paragraph (1) applies shall perform or assure the performance of all relocations of utilities necessary to carry out the project, except that in the case of a project for a deep-draft harbor and in the case of a project constructed by non-Federal interests under section 2232 of this title, one-half of the cost of each such relocation shall be borne by the owner of the facility being relocated and one-half of the cost of each such relocation shall be borne by the non-Federal interests. (5) Dredged material disposal facilities for project construction In this subsection, the term "general navigation features" includes constructed land-based and aquatic dredged material disposal facilities that are necessary for the disposal of dredged material required for project construction and for which a contract for construction has not been awarded on or before October 12, 1996. (b) Operation and maintenance (1) In general The Federal share of the cost of operation and maintenance of each navigation project for a harbor or inland harbor constructed by the Secretary pursuant to this Act or any other law approved after November 17, 1986, shall be 100 percent, except that in the case of a deep-draft harbor, the non-Federal interests shall be responsible for an amount equal to 50 percent of the excess of the cost of the operation and maintenance of such project over the cost which the Secretary determines would be incurred for operation and maintenance of such project if such project had a depth of 45 feet. (2) Dredged material disposal facilities The Federal share of the cost of constructing land-based and aquatic dredged material disposal facilities that are necessary for the disposal of dredged material required for the operation and maintenance of a project and for which a contract for construction has not been awarded on or before October 12, 1996, shall be determined in accordance with subsection (a) of this section. The Federal share of operating and maintaining such facilities shall be determined in accordance with paragraph (1). (c) Erosion or shoaling attributable to Federal navigation works Costs of constructing projects or measures for the prevention or mitigation of erosion or shoaling damages attributable to Federal navigation works shall be shared in the same proportion as the cost sharing provisions applicable to the project causing such erosion or shoaling. The non-Federal interests for the project causing the erosion or shoaling shall agree to operate and maintain such measures. (d) Non-Federal payments during construction The amount of any non-Federal share of the cost of any navigation project for a harbor or inland harbor shall be paid to the Secretary. Amounts required to be paid during construction shall be paid on an annual basis during the period of construction, beginning not later than one year after construction is initiated. (e) Agreement Before initiation of construction of a project to which this section applies, the Secretary and the non-Federal interests shall enter into a cooperative agreement according to the provisions of section 1962d-5b of title 42. The non-Federal interests shall agree to - (1) provide to the Federal Government lands, easements, and rights-of-way, including those necessary for dredged material disposal facilities, and perform the necessary relocations required for construction, operation, and maintenance of such project; (2) hold and save the United States free from damages due to the construction or operation and maintenance of the project, except for damages due to the fault or negligence of the United States or its contractors; (3) provide to the Federal Government the non-Federal share of all other costs of construction of such project; and (4) in the case of a deep-draft harbor, be responsible for the non-Federal share of operation and maintenance required by subsection (b) of this section. (f) Consideration of funding requirements and equitable apportionment The Secretary shall ensure, to the extent practicable, that - (1) funding requirements for operation and maintenance dredging of commercial navigation harbors are considered before Federal funds are obligated for payment of the Federal share of costs associated with the construction of dredged material disposal facilities in accordance with subsections (a) and (b) of this section; (2) funds expended for such construction are apportioned equitably in accordance with regional needs; and (3) use of a dredged material disposal facility designed, constructed, managed, or operated by a private entity is not precluded if, consistent with economic and environmental considerations, the facility is the least-cost alternative. -SOURCE- (Pub. L. 99-662, title I, Sec. 101, Nov. 17, 1986, 100 Stat. 4082; Pub. L. 100-676, Sec. 13(a), Nov. 17, 1988, 102 Stat. 4025; Pub. L. 102-580, title III, Sec. 333(b)(1), Oct. 31, 1992, 106 Stat. 4852; Pub. L. 104-303, title II, Sec. 201(a)-(d), Oct. 12, 1996, 110 Stat. 3671, 3672.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (b)(1), is Pub. L. 99-662, Nov. 17, 1986, 100 Stat. 4082, as amended, known as the Water Resources Development Act of 1986. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables. -MISC1- AMENDMENTS 1996 - Subsec. (a)(2). Pub. L. 104-303, Sec. 201(a)(1), inserted last sentence and struck out former last sentence which read as follows: "The value of lands, easements, rights-of-way, relocations, and dredged material disposal areas 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." Subsec. (a)(3). Pub. L. 104-303, Sec. 201(a)(2), inserted "and" after "rights-of-way,", struck out ", and dredged material disposal areas" after "relocations under paragraph (4))", and inserted before period at end ", including any lands, easements, rights-of- way, and relocations (other than utility relocations accomplished under paragraph (4)) that are necessary for dredged material disposal facilities". Subsec. (a)(5). Pub. L. 104-303, Sec. 201(a)(3), added par. (5). Subsec. (b). Pub. L. 104-303, Sec. 201(b), designated existing provisions as par. (1), inserted heading, realigned margins, and substituted "by the Secretary pursuant to this Act or any other law approved after November 17, 1986" for "pursuant to this Act", and added par. (2). Subsec. (e)(1). Pub. L. 104-303, Sec. 201(c), substituted "including those necessary for dredged material disposal facilities," for "and to provide dredged material disposal areas". Subsec. (f). Pub. L. 104-303, Sec. 201(d), added subsec. (f). 1992 - Subsec. (a)(3). Pub. L. 102-580 substituted "Except as provided under section 906(c), the non-Federal" for "The non- Federal". 1988 - Subsec. (a)(2). Pub. L. 100-676 added par. (2) and struck out former par. (2) which read as follows: "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. The value of lands, easements, rights-of-way, relocations, and dredged material disposal areas provided under paragraph (3) shall be credited toward the payment required under this paragraph." EFFECTIVE DATE OF 1988 AMENDMENT Section 13(b) of Pub. L. 100-676 provided that: "The amendment made by subsection (a) [amending this section] shall take effect on November 17, 1986." DEEP DRAFT HARBOR COST SHARING Pub. L. 106-53, title IV, Sec. 401, Aug. 17, 1999, 113 Stat. 322, provided that: "(a) In General. - The Secretary shall undertake a study of non- Federal cost-sharing requirements for the construction and operation and maintenance of deep draft harbor projects to determine whether - "(1) cost sharing adversely affects United States port development or domestic and international trade; and "(2) any revision of the cost-sharing requirements would benefit United States domestic and international trade. "(b) Recommendations. - "(1) In general. - Not later than May 30, 2001, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee 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 recommendations, 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 Section 201(f) of Pub. L. 104-303 provided that: "If requested by the non-Federal interest, the Secretary shall amend a project cooperation agreement executed on or before the date of the enactment of this Act [Oct. 12, 1996] to reflect the application of the amendments made by this section [amending 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 Section 201(g) of Pub. L. 104-303 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 increase of, the non-Federal share of the costs of - "(1) expanding any confined dredged material disposal facility that is operated by the Secretary and that is authorized for cost recovery through the collection 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 disposal 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 facility was exceeded in less than 6 years." DREDGED MATERIAL DISPOSAL AREAS STUDY Section 216 of Pub. L. 102-580 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 Secretary 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 Secretary. -End- -CITE- 33 USC Sec. 2212 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 36 - WATER RESOURCES DEVELOPMENT SUBCHAPTER I - COST SHARING -HEAD- Sec. 2212. Inland waterway transportation -STATUTE- (a) Construction One-half 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. One-half 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) 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 subsection (a) of this section shall be paid only from amounts appropriated from the general fund of the Treasury. -SOURCE- (Pub. L. 99-662, title I, Sec. 102, Nov. 17, 1986, 100 Stat. 4084.) -REFTEXT- REFERENCES IN TEXT Title III of this Act, referred to in subsecs. (a)(1) and (c)(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 (c)(2), is section 844 of Pub. L. 99-662, Nov. 17, 1986, 100 Stat. 4177, which is not classified to the Code. -End- -CITE- 33 USC Sec. 2213 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 36 - WATER RESOURCES DEVELOPMENT SUBCHAPTER I - COST SHARING -HEAD- Sec. 2213. Flood control and other purposes -STATUTE- (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 - (A) pay 5 percent of the cost of the project assigned to flood control during construction of the project; (B) provide all lands, easements, rights-of-way, and dredged material disposal areas required only for flood control and perform all related necessary relocations; and (C) provide that portion of the joint costs of lands, easements, rights-of-way, dredged material disposal areas, and relocations which is assigned to flood control. (2) 35 percent minimum contribution If the value of the contributions required under paragraph (1) of this subsection is less than 35 percent of the cost of the project assigned to flood control, the non-Federal interest shall pay during construction of the project such additional amounts as are necessary so that the total contribution of the non-Federal interests under this subsection is equal to 35 percent of the cost of the project assigned to flood control. (3) 50 percent maximum The non-Federal share under paragraph (1) shall not exceed 50 percent of the cost of the project assigned to flood control. The preceding sentence does not modify the requirement of paragraph (1)(A) of this subsection. (4) Deferred payment of amount exceeding 30 percent If the total amount of the contribution required under paragraph (1) of this subsection exceeds 30 percent of the cost of the project assigned to flood control, the non-Federal interests may pay the amount of the excess to the Secretary over a 15-year period (or such shorter period as may be agreed to by the Secretary and the non-Federal interests) beginning on the date construction of the project or separable element is completed, at an interest rate determined pursuant to section 2216 of this title. The preceding sentence does not modify the requirement of paragraph (1)(A) of this subsection. (b) Nonstructural flood control projects (1) In general The non-Federal share of the cost of nonstructural flood control measures shall be 35 percent of the cost of such measures. The non-Federal interests for any such measures shall be required to provide all lands, easements, rights-of-way, dredged material disposal areas, and relocations necessary for the project, but shall not be required to contribute any amount in cash during construction of the project. (2) Non-Federal contribution in excess of 35 percent At any time during construction of a project, if the Secretary determines that the costs of land, easements, rights-of-way, dredged material disposal areas, and relocations for the project, in combination with other costs contributed by the non-Federal interests, will exceed 35 percent, any additional costs for the project (not to exceed 65 percent of the total costs of the project) shall be a Federal responsibility and shall be contributed during construction as part of the Federal share. (c) Other purposes The non-Federal share of the cost assigned to other project purposes shall be as follows: (1) hydroelectric power: 100 percent, except that the marketing of such power and the recovery of costs of constructing, operating, maintaining, and rehabilitating such projects shall be in accordance with existing law: Provided, That after November 17, 1986, the Secretary shall not submit to Congress any proposal for the authorization of any water resources project that has a hydroelectric power component unless such proposal contains the comments of the appropriate Power Marketing Administrator designated pursuant to section 7152 of title 42 concerning the appropriate Power Marketing Administration's ability to market the hydroelectric power expected to be generated and not required in the operation of the project under the applicable Federal power marketing law, so that, 100 percent of operation, maintenance and replacement costs, 100 percent of the capital investment allocated to the purpose of hydroelectric power (with interest at rates established pursuant to or prescribed by applicable law), and any other costs assigned in accordance with law for return from power revenues can be returned within the period set for the return of such costs by or pursuant to such applicable Federal power marketing law; (2) municipal and industrial water supply: 100 percent; (3) agricultural water supply: 35 percent; (4) recreation, including recreational navigation: 50 percent of separable costs and, in the case of any harbor or inland harbor or channel project, 50 percent of joint and separable costs allocated to recreational navigation; (5) hurricane and storm damage reduction: 35 percent; (6) aquatic plant control: 50 percent of control operations; and (7) environmental protection and restoration: 35 percent; except that nothing in this paragraph shall affect or limit the applicability of section 2283 of this title. (d) Certain other costs assigned to project purposes (1) Construction Costs of constructing projects or measures for beach erosion control and water quality enhancement shall be assigned to appropriate project purposes listed in subsections (a), (b), and (c) of this section and shall be shared in the same percentage as the purposes to which the costs are assigned, except that all costs assigned to benefits to privately owned shores (where use of such shores is limited to private interests) or to prevention of losses of private lands shall be borne by non-Federal interests and all costs assigned to the protection of federally owned shores shall be borne by the United States. (2) Periodic nourishment (A) In general In the case of a project authorized for construction after December 31, 1999, except for a project for which a District Engineer's Report is completed by that date, the non-Federal cost of the periodic nourishment of the project, or any measure for shore protection or beach erosion control for the project, that is carried out - (i) after January 1, 2001, shall be 40 percent; (ii) after January 1, 2002, shall be 45 percent; and (iii) after January 1, 2003, shall be 50 percent. (B) Benefits to privately owned shores All costs assigned to benefits of periodic nourishment projects or measures to privately owned shores (where use of such shores is limited to private interests) or to prevention of losses of private land shall be borne by the non-Federal interest. (C) Benefits to federally owned shores All costs assigned to the protection of federally owned shores for periodic nourishment measures shall be borne by the United States. (e) Applicability (1) In general This section applies to any project (including any small project which is not specifically authorized by Congress and for which the Secretary has not approved funding before November 17, 1986), or separable element thereof, on which physical construction is initiated after April 30, 1986, as determined by the Secretary, except as provided in paragraph (2). For the purpose of the preceding sentence, physical construction shall be considered to be initiated on the date of the award of a construction contract. (2) Exceptions This section shall not apply to the Yazoo Basin, Mississippi, Demonstration Erosion Control Program, authorized by Public Law 98-8, or to the Harlan, Kentucky, or Barbourville, Kentucky, elements of the project authorized by section 202 of Public Law 96-367. (f) "Separable element" defined For purposes of this Act, the term "separable element" means a portion of a project - (1) which is physically separable from other portions of the project; and (2) which - (A) achieves hydrologic effects, or (B) produces physical or economic benefits, which are separately identifiable from those produced by other portions of the project. (g) Deferral of payment (1) With respect to the projects listed in paragraph (2), no amount of the non-Federal share required under this section shall be required to be paid during the three-year period beginning on November 17, 1986. (2) The projects referred to in paragraph (1) are the following: (A) Boeuf and Tensas Rivers, Tensas Basin, Louisiana and Arkansas, authorized by the Flood Control Act of 1946; (B) Eight Mile Creek, Arkansas, authorized by Public Law 99-88; and (C) Rocky Bayou Area, Yazoo Backwater Area, Yazoo Basin, Mississippi, authorized by the Flood Control Act approved August 18, 1941. (h) Assigned joint and separable costs The share of the costs specified under this section for each project purpose shall apply to the joint and separable costs of construction of each project assigned to that purpose, except as otherwise specified in this Act. (i) Lands, easements, rights-of-way, dredged material disposal areas, and relocations Except as provided under section 2283(c) of this title, the non- Federal interests for a project to which this section applies shall provide all lands, easements, rights-of-way, and dredged material disposal areas required for the project and perform all necessary relocations, except to the extent limited by any provision of this section. The value of any contribution under the preceding sentence shall be included in the non-Federal share of the project specified in this section. (j) Agreement (1) Requirement for agreement Any project to which this section applies (other than a project for hydroelectric power) shall be initiated only after non- Federal interests have entered into binding agreements with the Secretary to pay 100 percent of the operation, maintenance, and replacement and rehabilitation costs of the project, to pay the non-Federal share of the costs of construction required by this section, and to hold and save the United States free from damages due to the construction or operation and maintenance of the project, except for damages due to the fault or negligence of the United States or its contractors. (2) Elements of agreement The agreement required pursuant to paragraph (1) shall be in accordance with the requirements of section 1962d-5b of title 42 and shall provide for the rights and duties of the United States and the non-Federal interest with respect to the construction, operation, and maintenance of the project, including, but not limited to, provisions specifying that, in the event the non- Federal interest fails to provide the required non-Federal share of costs for such work, the Secretary - (A) shall terminate or suspend work on the project unless the Secretary determines that continuation of the work is in the interest of the United States or is necessary in order to satisfy agreements with other non-Federal interests in connection with the project; and (B) may terminate or adjust the rights and privileges of the non-Federal interest to project outputs under the terms of the agreement. (k) Payment options Except as otherwise provided in this section, the Secretary may permit the full non-Federal contribution to be made without interest during construction of the project or separable element, or with interest at a rate determined pursuant to section 2216 of this title over a period of not more than thirty years from the date of completion of the project or separable element. Repayment contracts shall provide for recalculation of the interest rate at five-year intervals. (l) Delay of initial payment At the request of any non-Federal interest the Secretary may permit such non-Federal interest to delay the initial payment of any non-Federal contribution under this section or section 2211 of this title for up to one year after the date when construction is begun on the project for which such contribution is to be made. Any such delay in initial payment shall be subject to interest charges for up to six months at a rate determined pursuant to section 2216 of this title. (m) Ability to pay (1) In general Any cost-sharing agreement under this section for a feasibility study, or for construction of an environmental protection and restoration project, a flood control project, a project for navigation, storm damage protection, shoreline erosion, hurricane protection, or recreation, or an agricultural water supply project, shall be subject to the ability of the non-Federal interest to pay. (2) Criteria and procedures The ability of a non-Federal interest to pay shall be determined by the Secretary in accordance with criteria and procedures in effect under paragraph (3) on the day before December 11, 2000; except that such criteria and procedures shall be revised, and new criteria and procedures shall be developed, not later than 180 days after December 11, 2000, to reflect the requirements of such paragraph (3). (3) Revision of criteria and procedures In revising criteria and procedures pursuant to paragraph (2), the Secretary - (A) shall consider - (i) per capita income data for the county or counties in which the project is to be located; and (ii) the per capita non-Federal cost of construction of the project for the county or counties in which the project is to be located; and (B) may consider additional criteria relating to the non- Federal interest's financial ability to carry out its cost- sharing responsibilities, to the extent that the application of such criteria does not eliminate areas from eligibility for a reduction in the non-Federal share as determined under subparagraph (A). (4) Non-Federal share Notwithstanding subsection (a) of this section, the Secretary may reduce the requirement that a non-Federal interest make a cash contribution for any project that is determined to be eligible for a reduction in the non-Federal share under criteria and procedures in effect under paragraphs (1), (2), and (3). -SOURCE- (Pub. L. 99-662, title I, Sec. 103, Nov. 17, 1986, 100 Stat. 4084; Pub. L. 101-640, title III, Sec. 305(a), Nov. 28, 1990, 104 Stat. 4635; Pub. L. 102-580, title II, Sec. 201(a), title III, Sec. 333(b)(2), Oct. 31, 1992, 106 Stat. 4825, 4852; Pub. L. 104-303, title II, Secs. 202(a)(1)(A), (2), (b)(1), 210(a), Oct. 12, 1996, 110 Stat. 3673, 3681; Pub. L. 106-53, title II, Secs. 215(a), 219(c), Aug. 17, 1999, 113 Stat. 292, 295; Pub. L. 106-109, Sec. 5, Nov. 24, 1999, 113 Stat. 1495; Pub. L. 106-541, title II, Sec. 204, Dec. 11, 2000, 114 Stat. 2589.) -REFTEXT- REFERENCES IN TEXT Public Law 98-8, referred to in subsec. (e)(2), is Pub. L. 98-8, Mar. 24, 1983, 97 Stat. 13. For complete classification of this Act to the Code, see Tables. Section 202 of Public Law 96-367, referred to in subsec. (e)(2), is section 202 of Pub. L. 96-367, title II, Oct. 1, 1980, 94 Stat. 1339, which is not classified to the Code. This Act, referred to in subsecs. (f) and (h), is Pub. L. 99-662, Nov. 17, 1986, 100 Stat. 4082, as amended, known as the Water Resources Development Act of 1986. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables. The Flood Control Act of 1946, referred to in subsec. (g)(2)(A), is act July 24, 1946, ch. 596, 60 Stat. 641, as amended. For complete classification of this Act to the Code, see Tables. Public Law 99-88, referred to in subsec. (g)(2)(B), is Pub. L. 99- 88, Aug. 15, 1985, 99 Stat. 293, known as the Supplemental Appropriations Act, 1985. Provisions of Pub. L. 99-88 authorizing the project for Eight Mile Creek, Arkansas, are not classified to the Code. For complete classification of this Act to the Code, see Tables. The Flood Control Act approved August 18, 1941, referred to in subsec. (g)(2)(C), is act Aug. 18, 1941, ch. 377, 55 Stat. 638. For complete classification of this Act to the Code, see Tables. -MISC1- AMENDMENTS 2000 - Subsec. (m)(1), (2). Pub. L. 106-541, Sec. 204(1), added pars. (1) and (2) and struck out former pars. (1) and (2) which required any cost-sharing agreement to be subject to the ability of a non-Federal interest to pay and required the Secretary to determine ability to pay using certain criteria and procedures. Subsec. (m)(3)(B), (C). Pub. L. 106-541, Sec. 204(2), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: "shall not consider criteria (other than criteria described in subparagraph (A)) in effect on the day before October 12, 1996; and". 1999 - Subsec. (b). Pub. L. 106-53, Sec. 219(c)(1), which directed insertion of the par. (1) designation and heading before "The non-Federal", was executed by making the insertion before that phrase the first place it appeared to reflect the probable intent of Congress. Subsec. (b)(2). Pub. L. 106-53, Sec. 219(c)(2), added par. (2). Subsec. (d). Pub. L. 106-53, Sec. 215(a), designated existing provisions as par. (1), inserted heading, and added par. (2). Subsec. (d)(2)(A). Pub. L. 106-109 substituted "except for a project for which a District Engineer's Report is completed by that date," for "or for which a feasibility study is completed after that date,". 1996 - Subsecs. (a)(2), (b). Pub. L. 104-303, Sec. 202(a)(1)(A), substituted "35 percent" for "25 percent" wherever appearing. Subsec. (c)(7). Pub. L. 104-303, Sec. 210(a), added par. (7). Subsec. (e)(1). Pub. L. 104-303, Sec. 202(a)(2), inserted at end "For the purpose of the preceding sentence, physical construction shall be considered to be initiated on the date of the award of a construction contract." Subsec. (m). Pub. L. 104-303, Sec. 202(b)(1), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "Any cost-sharing agreement under this section for flood control or agricultural water supply shall be subject to the ability of a non-Federal interest to pay. The ability of any non- Federal interest to pay shall be determined by the Secretary in accordance with procedures established by the Secretary." 1992 - Subsec. (i). Pub. L. 102-580, Sec. 333(b)(2), substituted "Except as provided under section 2283(c) of this title, the non- Federal" for "The non-Federal". Subsec. (m). Pub. L. 102-580, Sec. 201(a), amended subsec. (m) generally. Prior to amendment, subsec. (m) read as follows: "(1) General rule. - Any cost-sharing agreement under this section for flood control or agricultural water supply shall be subject to the ability of a non-Federal interest to pay. "(2) Procedures. - "(A) In general. - The ability of any non-Federal interest to pay shall be determined by the Secretary in accordance with procedures established by the Secretary. "(B) Limitations. - The procedures established pursuant to this subsection shall provide for a reduction in any non-Federal cash contribution required under subsection (a)(2) of this section. In addition, such procedures shall provide for determination of the eligibility of the non-Federal interest for a reduction in the required cash contribution on the basis of local, not statewide, economic and financial data. "(C) Regulations. - Not later than 1 year after November 28, 1990, the Secretary shall issue regulations establishing the procedures required by this paragraph." 1990 - Subsec. (m). Pub. L. 101-640 amended subsec. (m) generally. Prior to amendment, subsec. (m) read as follows: "Any cost-sharing agreement under this section for flood control or agricultural water supply shall be subject to the ability of a non- Federal interest to pay. The ability of any non-Federal interest to pay shall be determined by the Secretary in accordance with procedures established by the Secretary." EFFECTIVE DATE OF 1996 AMENDMENT Section 202(a)(1)(B) of Pub. L. 104-303 provided that: "The amendments made by subparagraph (A) [amending this section] shall apply to any project authorized after the date of the enactment of this Act [Oct. 12, 1996] and to any flood control project that is not specifically authorized by Congress for which a Detailed Project Report is approved after such date of enactment or, in the case of a project for which no Detailed Project Report is prepared, construction is initiated after such date of enactment." Section 202(b)(2) of Pub. L. 104-303 provided that: "(A) Generally. - Subject to subparagraph (C), the amendment made by paragraph (1) [amending this section] shall apply to any project, or separable element thereof, with respect to which the Secretary and the non-Federal interest enter into a project cooperation agreement after December 31, 1997. "(B) Amendment of cooperation agreement. - If requested by the non-Federal interest, the Secretary shall amend a project cooperation agreement executed on or before the date of the enactment of this Act [Oct. 12, 1996] to reflect the application of the amendment made by paragraph (1) to any project for which a contract for construction has not been awarded on or before such date of enactment. "(C) Non-federal option. - If requested by the non-Federal interest, the Secretary shall apply the criteria and procedures established pursuant to section 103(m) of the Water Resources Development Act of 1986 [subsec. (m) of this section] as in effect on the day before the date of the enactment of this Act for projects that are authorized before the date of the enactment of this Act." Section 210(b) of Pub. L. 104-303 provided that: "The amendments made by subsection (a) [amending this section] apply only to projects authorized after the date of the enactment of this Act [Oct. 12, 1996]." CONTINUATION OF EXISTING REGULATIONS Section 305(b) of Pub. L. 101-640 provided that: "Regulations issued to carry out section 103(m) of the Water Resources Development Act of 1986 [33 U.S.C. 2213(m)] before the date of the enactment of this Act [Nov. 28, 1990] and in effect on such date shall continue in effect until regulations are issued pursuant to paragraph (2)(C) of such section, as added by subsection (a) of this section." REPORTS TO CONGRESS Pub. L. 100-71, title I, July 11, 1987, 101 Stat. 401, provided that: "The Secretary of the Army shall file a report with the appropriate committees of the House of Representatives and the Senate within ninety days after a written request is made pursuant to the provisions of subsection (m) of section 103 of Public Law 99- 662 [33 U.S.C. 2213(m)] indicating the action taken on the request. In addition, the Secretary of the Army shall file a report with the appropriate committees of the House of Representatives and the Senate within ninety days after enactment of this Act [July 11, 1987] listing any project or study falling under the provisions of subsection (e)(1) of section 103 of Public Law 99-662." -End- -CITE- 33 USC Sec. 2214 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 36 - WATER RESOURCES DEVELOPMENT SUBCHAPTER I - COST SHARING -HEAD- Sec. 2214. General credit for flood control -STATUTE- (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 guidelines shall include criteria for determining whether work carried out by non-Federal interests is compatible with a project for flood control and procedures for making such determinations. 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) of this section 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 determines to be compatible with the project. For purposes of the preceding sentence the Secretary may consider only work carried out after the date which is 5 years before the first obligation of funds for the reconnaissance study for such project. In no case may work which was carried out more than 5 years before November 17, 1986, be considered under this subsection, unless otherwise provided in this Act. (c) Crediting of non-Federal share The guidelines established under subsection (a) of this section shall provide for crediting the cost of work carried out by the non- Federal interests against the non-Federal share of the cost of an authorized project for flood control as follows: (1) Work which is carried out after the end of the reconnaissance study and before the submission to Congress of the final report of the Chief of Engineers on the project and which is determined by the Secretary to be compatible with the project shall be included as part of the project and shall be recommended by the Secretary in the final report for credit against the non- Federal share of the cost of the project. (2) Work which is carried out after submission of the final report of the Chief of Engineers to Congress and which is determined by the Secretary to be compatible with the project shall be considered as part of the project and shall be credited by the Secretary against the non-Federal share of the cost of the project in accordance with the guidelines promulgated pursuant to subsection (a) of this section. In no event may work which was carried out more than 5 years before November 17, 1986, be considered under this subsection, unless otherwise provided in this Act. (d) Procedure for work done before November 17, 1986 The Secretary shall consider, under subsections (b) and (c) of this section, work carried out before November 17, 1986, by non- Federal interests on a project for flood control, if the non- Federal interests apply to the Secretary for consideration of such work not later than March 31, 1987. The Secretary shall make determinations under subsections (b) and (c) of this section with respect to such work not later than 6 months after guidelines are issued under subsection (a) of this section. (e) Procedure for work done after November 17, 1986 The Secretary shall consider work carried out after November 17, 1986, by non-Federal interests on a project for flood control under subsections (b) and (c) of this section in accordance with the guidelines issued under subsection (a) of this section. The guidelines shall require prior approval by the Secretary of any flood control work carried out after November 17, 1986, in order to be considered under this section, taking into account the economic and environmental feasibility of the project. (f) Limitation not applicable Any flood control work included as part of the non-Federal share of the cost of a project under this section shall not be subject to the limitation contained in the last sentence of section 1962d- 5a(a) of title 42. (g) Cash contribution not affected Nothing in this section affects the requirement of section 2213(a)(1)(A) of this title. -SOURCE- (Pub. L. 99-662, title I, Sec. 104, Nov. 17, 1986, 100 Stat. 4087.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsecs. (b) and (c), is Pub. L. 99-662, Nov. 17, 1986, 100 Stat. 4082, as amended, known as the Water Resources Development Act of 1986. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables. -End- -CITE- 33 USC Sec. 2215 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 36 - WATER RESOURCES DEVELOPMENT SUBCHAPTER I - COST SHARING -HEAD- Sec. 2215. Feasibility studies; planning, engineering, and design -STATUTE- (a) Feasibility studies (1) Cost sharing (A) In general The Secretary shall not initiate any feasibility study for a water resources project after November 17, 1986, until appropriate non-Federal interests agree, by contract, to contribute 50 percent of the cost of the study. (B) Payment of cost share during period of study During the period of the study, the non-Federal share of the cost of the study payable under subparagraph (A) shall be 50 percent of the sum of - (i) the cost estimate for the study as contained in the feasibility cost-sharing agreement; and (ii) any excess of the cost of the study over the cost estimate if the excess results from - (I) a change in Federal law; or (II) a change in the scope of the study requested by the non-Federal interests. (C) Payment of cost share on authorization of project or termination of study (i) Project timely authorized Except as otherwise agreed to by the Secretary and the non- Federal interests and subject to clause (ii), the non- Federal share of any excess of the cost of the study over the cost estimate (excluding any excess cost described in subparagraph (B)(ii)) shall be payable on the date on which the Secretary and the non-Federal interests enter into an agreement pursuant to section 2211(e) or 2213(j) of this title with respect to the project. (ii) Project not timely authorized If the project that is the subject of the study is not authorized by the date that is 5 years after the completion of the final report of the Chief of Engineers concerning the study or the date that is 2 years after the termination of the study, the non-Federal share of any excess of the cost of the study over the cost estimate (excluding any excess cost described in subparagraph (B)(ii)) shall be payable to the United States on that date. (D) Amendment of cost estimate The cost estimate referred to in subparagraph (B)(i) may be amended only by agreement of the Secretary and the non-Federal interests. (E) In-kind contributions The non-Federal share required under this paragraph may be satisfied by the provision of services, materials, supplies, or other in-kind services necessary to prepare the feasibility report. (2) Applicability This subsection shall not apply to any water resources study primarily designed for the purposes of navigational improvements in the nature of dams, locks, and channels on the Nation's system of inland waterways. (b) Planning and engineering The Secretary shall not initiate any planning or engineering authorized by this Act for a water resources project until appropriate non-Federal interests agree, by contract, to contribute 50 percent of the cost of the planning and engineering during the period of the planning and engineering. Costs of planning and engineering of projects for which non-Federal interests contributed 50 percent of the cost of the feasibility study shall be treated as costs of construction. (c) Design Costs of design of a water resources project shall be shared in the same percentage as the purposes of such project. -SOURCE- (Pub. L. 99-662, title I, Sec. 105, Nov. 17, 1986, 100 Stat. 4088; Pub. L. 101-640, title III, Sec. 301, Nov. 28, 1990, 104 Stat. 4633; Pub. L. 104-303, title II, Sec. 203(a), Oct. 12, 1996, 110 Stat. 3677; Pub. L. 106-541, title II, Sec. 225, Dec. 11, 2000, 114 Stat. 2598.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (b), is Pub. L. 99-662, Nov. 17, 1986, 100 Stat. 4082, as amended, known as the Water Resources Development Act of 1986. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables. -MISC1- AMENDMENTS 2000 - Subsec. (a)(1)(E). Pub. L. 106-541 substituted "The" for "Not more than 1/2 of the". 1996 - Subsec. (a)(1). Pub. L. 104-303, Sec. 203(a)(1), inserted heading and amended text of par. (1) generally. Prior to amendment text read as follows: "The Secretary shall not initiate any feasibility study for a water resources project after November 17, 1986, until appropriate non-Federal interests agree, by contract, to contribute 50 percent of the cost for such study during the period of such study. Not more than one-half of such non-Federal contribution may be made by the provision of services, materials, supplies, or other in-kind services necessary to prepare the feasibility report." Subsec. (a)(2). Pub. L. 104-303, Sec. 203(a)(2), inserted heading. 1990 - Subsec. (b). Pub. L. 101-640 inserted at end "Costs of planning and engineering of projects for which non-Federal interests contributed 50 percent of the cost of the feasibility study shall be treated as costs of construction." EFFECTIVE DATE OF 1996 AMENDMENT Section 203(b) of Pub. L. 104-303 provided that: "The amendments made by subsection (a) [amending this section] shall apply notwithstanding any feasibility cost-sharing agreement entered into by the Secretary and the non-Federal interests. On request of the non-Federal interest, the Secretary shall amend any feasibility cost-sharing agreements in effect on the date of the enactment of this Act [Oct. 12, 1996] so as to conform the agreements with the amendments." NO REQUIREMENT OF REIMBURSEMENT Section 203(c) of Pub. L. 104-303 provided that: "Nothing in this section [amending this section and enacting provisions set out above] or any amendment made by this section requires the Secretary to reimburse the non-Federal interests for funds previously contributed for a study." -End- -CITE- 33 USC Sec. 2216 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 36 - WATER RESOURCES DEVELOPMENT SUBCHAPTER I - COST SHARING -HEAD- Sec. 2216. Rate of interest -STATUTE- Whenever a non-Federal interest is required or elects to repay an amount under this Act over a period of time, the amount to be repaid shall include interest at a rate determined by the Secretary of the Treasury, taking into consideration the average market yields on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the reimbursement period, during the month preceding the fiscal year in which costs for the construction of the project are first incurred (or in the case of recalculation the fiscal year in which the recalculation is made), plus a premium of one-eighth of one percentage point for transaction costs; except that such rates for hydroelectric power shall be in accordance with existing law. -SOURCE- (Pub. L. 99-662, title I, Sec. 106, Nov. 17, 1986, 100 Stat. 4089.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 99-662, Nov. 17, 1986, 100 Stat. 4082, as amended, known as the Water Resources Development Act of 1986. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables. -End- -CITE- 33 USC Sec. 2217 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 36 - WATER RESOURCES DEVELOPMENT SUBCHAPTER I - COST SHARING -HEAD- Sec. 2217. Limitation on applicability of certain provisions in reports -STATUTE- If any provision in any report designated by this Act recommends that a State contribute in cash 5 percent of the construction costs allocated to non-vendible project purposes and 10 percent of the construction costs allocated to vendible project purposes, such provision shall not apply to the project recommended in such report. -SOURCE- (Pub. L. 99-662, title I, Sec. 107, Nov. 17, 1986, 100 Stat. 4089.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 99-662, Nov. 17, 1986, 100 Stat. 4082, as amended, known as the Water Resources Development Act of 1986. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables. -End- -CITE- 33 USC Sec. 2218 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 36 - WATER RESOURCES DEVELOPMENT SUBCHAPTER I - COST SHARING -HEAD- Sec. 2218. General applicability of cost sharing -STATUTE- Unless otherwise specified, the cost sharing provisions of this subchapter shall apply to all projects in this Act. The Federal share of any cost of a project authorized by this Act for which cost a Federal share is not established in this subchapter, shall be the share of such cost otherwise provided by law. -SOURCE- (Pub. L. 99-662, title I, Sec. 108, Nov. 17, 1986, 100 Stat. 4089.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 99-662, Nov. 17, 1986, 100 Stat. 4082, as amended, known as the Water Resources Development Act of 1986. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables. -End- -CITE- 33 USC Sec. 2219 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 36 - WATER RESOURCES DEVELOPMENT SUBCHAPTER I - COST SHARING -HEAD- Sec. 2219. Definitions -STATUTE- For purposes of this subchapter, terms shall have the meanings given by section 2241 of this title. -SOURCE- (Pub. L. 99-662, title I, Sec. 109, Nov. 17, 1986, 100 Stat. 4089.) -End- -CITE- 33 USC Sec. 2220 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 36 - WATER RESOURCES DEVELOPMENT SUBCHAPTER I - COST SHARING -HEAD- Sec. 2220. Rivers and harbors and other waterways projects for benefit of navigation, flood control, hurricane protection, beach erosion control, and other purposes -STATUTE- (a) Congressional declaration of policy; purchase of indebtedness and loans to local interests to meet contribution requirements In the prosecution of projects for rivers and harbors and other waterways for the benefit of navigation, the control of destructive flood waters, hurricane protection, beach erosion control, and for other purposes, authorized to be prosecuted under the direction of the Secretary of the Army under the supervision of the Chief of Engineers in accordance with plans adopted and authorized by the Congress, it is hereby declared to be the policy of the Congress, that whenever such projects are located wholly or partially within an area which is eligible for financial assistance under the Public Works and Economic Development Act of 1965 [42 U.S.C. 3121 et seq.], the Secretary of Commerce is authorized to purchase evidences of indebtedness and to make loans for a period not exceeding fifty years to enable responsible local interests to meet the requirements of local cooperation pertaining to contributions toward the cost of construction of such projects within such areas. (b) Authorization of appropriations There is hereby authorized to be appropriated to carry out this section, not to exceed $10,000,000 per fiscal year for the fiscal year ending June 30, 1966, and for each fiscal year thereafter through and including the fiscal year ending June 30, 1970. -SOURCE- (Pub. L. 89-298, title II, Sec. 217, Oct. 27, 1965, 79 Stat. 1088.) -REFTEXT- REFERENCES IN TEXT The Public Works and Economic Development Act of 1965, referred to in subsec. (a), is Pub. L. 89-136, Aug. 26, 1965, 79 Stat. 552, as amended, which is classified generally to chapter 38 (Sec. 3121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 3121 of Title 42 and Tables. -COD- CODIFICATION Section was formerly classified to section 3142a of Title 42, The Public Health and Welfare. Section was not enacted as part of the Water Resources Development Act of 1986 which comprises this chapter. -End- -CITE- 33 USC Sec. 2221 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 36 - WATER RESOURCES DEVELOPMENT SUBCHAPTER I - COST SHARING -HEAD- Sec. 2221. Cost limitations on projects -STATUTE- Beginning in fiscal year 2006 and thereafter, agreements proposed for execution by the Assistant Secretary of the Army for Civil Works or the United States Army Corps of Engineers after November 19, 2005, pursuant to section 560 of this title; section 561 of this title; the Civil Functions Appropriations Act, 1936, Public Law 75-208 (!1); section 1962d-5a of title 42; sections 2214, 2231, and 2232 of this title; section 426i-1 of this title; section 701b- 13 of this title; and any other specific project authority, shall be limited to total credits and reimbursements for all applicable projects not to exceed $100,000,000 in each fiscal year. -SOURCE- (Pub. L. 109-103, title I, Sec. 102, Nov. 19, 2005, 119 Stat. 2253.) -REFTEXT- REFERENCES IN TEXT The Civil Functions Appropriations Act, 1936, Public Law 75-208, referred to in text, may mean the War Department Civil Appropriation Act, 1938, act July 19, 1937, ch. 511, 50 Stat. 515, 518, which amended act June 22, 1936, ch. 688, Sec. 5, by adding the proviso classified to section 701h of this title. -COD- CODIFICATION Section was enacted as part of the Energy and Water Development Appropriations Act, 2006, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. -MISC1- PRIOR PROVISIONS Provisions similar to those in this section were contained in the following prior appropriation acts: Pub. L. 108-447, div. C, title I, Sec. 101, Dec. 8, 2004, 118 Stat. 2941; Pub. L. 109-13, div. A, title VI, Sec. 6005, May 11, 2005, 119 Stat. 282. Pub. L. 108-137, title I, Sec. 101, Dec. 1, 2003, 117 Stat. 1833. Pub. L. 108-7, div. D, title I, Sec. 101, Feb. 20, 2003, 117 Stat. 138. Pub. L. 107-66, title I, Sec. 103, Nov. 12, 2001, 115 Stat. 493. Pub. L. 106-377, Sec. 1(a)(2) [title I, Sec. 102], Oct. 27, 2000, 114 Stat. 1441, 1441A-65. Pub. L. 106-60, title I, Sec. 102, Sept. 29, 1999, 113 Stat. 487. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 33 USC SUBCHAPTER II - HARBOR DEVELOPMENT 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 36 - WATER RESOURCES DEVELOPMENT SUBCHAPTER II - HARBOR DEVELOPMENT -HEAD- SUBCHAPTER II - HARBOR DEVELOPMENT -End- -CITE- 33 USC Sec. 2231 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 36 - WATER RESOURCES DEVELOPMENT SUBCHAPTER II - HARBOR DEVELOPMENT -HEAD- Sec. 2231. Studies of projects by non-Federal interests -STATUTE- (a) Submission to Secretary A non-Federal interest may on its own undertake a feasibility study of a proposed harbor or inland harbor project and submit it to the Secretary. To assist non-Federal interests, the Secretary shall, as soon as practicable, promulgate guidelines for studies of harbors or inland harbors to provide sufficient information for the formulation of studies. (b) Review by Secretary The Secretary shall review each study submitted under subsection (a) of this section for the purpose of determining whether or not such study and the process under which such study was developed comply with Federal laws and regulations applicable to feasibility studies of navigation projects for harbors or inland harbors. (c) Submission to Congress Not later than 180 days after receiving any study submitted under subsection (a) of this section, the Secretary shall transmit to the Congress, in writing, the results of such review and any recommendations the Secretary may have concerning the project described in such plan and design. (d) Credit and reimbursement If a project for which a study has been submitted under subsection (a) of this section is authorized by any provision of Federal law enacted after the date of such submission, the Secretary shall credit toward the non-Federal share of the cost of construction of such project an amount equal to the portion of the cost of developing such study that would be the responsibility of the United States if such study were developed by the Secretary. -SOURCE- (Pub. L. 99-662, title II, Sec. 203, Nov. 17, 1986, 100 Stat. 4098.) -MISC1- SHORT TITLE For short title of title II of Pub. L. 99-662, enacting this subchapter, as the Harbor Development and Navigation Improvement Act of 1986, see section 215 of Pub. L. 99-662, set out as a note under section 2201 of this title. -End- -CITE- 33 USC Sec. 2232 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 36 - WATER RESOURCES DEVELOPMENT SUBCHAPTER II - HARBOR DEVELOPMENT -HEAD- Sec. 2232. Construction of projects by non-Federal interests -STATUTE- (a) Authority In addition to projects undertaken pursuant to sections 201 and 202 of this title, any non-Federal interest is authorized to undertake navigational improvements in harbors or inland harbors of the United States, subject to obtaining any permits required pursuant to Federal and State laws in advance of the actual construction of such improvements. (b) Studies and engineering When requested by an appropriate non-Federal interest the Secretary is authorized to undertake all necessary studies and engineering for any construction to be undertaken under the terms of subsection (a) of this section, and provide technical assistance in obtaining all necessary permits, if the non-Federal interest contracts with the Secretary to furnish the United States funds for such studies and engineering during the period that they are conducted. (c) Completion of studies The Secretary is authorized to complete and transmit to the appropriate non-Federal interest any study for improvements to harbors or inland harbors of the United States which were initiated prior to November 17, 1986, or, upon the request of such non- Federal interest, to terminate such study and transmit such partially completed study to the non-Federal interest. The Secretary is further authorized to complete and transmit to the appropriate non-Federal interest any study for improvement to harbors or inland harbors of the United States that is initiated pursuant to section 577 of this title or, upon request of such non- Federal interest, to terminate such study and transmit such partially completed study to the non-Federal interest. Studies under this subsection shall be completed without regard to the requirements of subsection (b) of this section. (d) Authority to carry out improvement Any non-Federal interest which has requested and received from the Secretary pursuant to subsection (b) or (c) of this section, the completed study and engineering for an improvement to a harbor or an inland harbor, or separable element thereof, for the purpose of constructing such improvement and for which improvement a final environmental impact statement has been filed, shall be authorized to carry out the terms of the plan for such improvement. Any plan of improvement proposed to be implemented in accordance with this subsection shall be deemed to satisfy the requirements for obtaining the appropriate permits required under the Secretary's authority and such permits shall be granted subject to the non- Federal interest's acceptance of the terms and conditions of such permits: Provided, That the Secretary determines that the applicable regulatory criteria and procedures have been satisfied. The Secretary shall monitor any project for which permits are granted under this subsection in order to ensure that such project is constructed (and, in those cases where such activities will not be the responsibility of the Secretary, operated and maintained) in accordance with the terms and conditions of such permits. (e) Reimbursement (1) General rule Subject to the enactment of appropriation Acts, the Secretary is authorized to reimburse any non-Federal interest an amount equal to the estimate of Federal share, without interest, of the cost of any authorized harbor or inland harbor improvement, or separable element thereof, including any small navigation project approved pursuant to section 577 of this title, constructed under the terms of this section if - (A) after authorization of the project (or, in the case of a small navigation project, after completion of a favorable project report by the Corps of Engineers) and before initiation of construction of the project or separable element - (i) the Secretary approves the plans of construction of such project by such non-Federal interest, and (ii) such non-Federal interest enters into an agreement to pay the non-Federal share, if any, of the cost of operation and maintenance of such project; and (B) the Secretary finds before approval of the plans of construction of the project that the project, or separable element, is economically justified and environmentally acceptable. (2) Matters to be considered in reviewing plans In reviewing such plans, the Secretary shall consider budgetary and programmatic priorities, potential impacts on the cost of dredging projects nationwide, and other factors that the Secretary deems appropriate. (3) Monitoring The Secretary shall regularly monitor and audit any project for a harbor or inland harbor constructed under this subsection by a non-Federal interest in order to ensure that such construction is in compliance with the plans approved by the Secretary, and that costs are reasonable. No reimbursement shall be made unless and until the Secretary has certified that the work for which reimbursement is requested has been performed in accordance with applicable permits and the approved plans. (f) Operation and maintenance Whenever a non-Federal interest constructs improvements to any harbor or inland harbor, the Secretary shall be responsible for maintenance in accordance with section 2211(b) of this title if - (1) the Secretary determines, before construction, that the improvements, or separable elements thereof, are economically justified, environmentally acceptable, and consistent with the purposes of this subchapter; (2) the Secretary certifies that the project is constructed in accordance with applicable permits and the appropriate engineering and design standards; and (3) the Secretary does not find that the project, or separable element thereof, is no longer economically justified or environmentally acceptable. (g) Demonstration of non-Federal interests acting as agent of Secretary For the purpose of demonstrating the potential advantages and efficiencies of non-Federal management of projects, the Secretary may approve as many as two proposals pursuant to which the non- Federal interests will undertake part or all of a harbor project authorized by Congress as the agent of the Secretary by utilizing its own personnel or by procuring outside services, so long as the cost of doing so will not exceed the cost of the Secretary undertaking the project. -SOURCE- (Pub. L. 99-662, title II, Sec. 204, Nov. 17, 1986, 100 Stat. 4099; Pub. L. 101-640, title III, Sec. 303, Nov. 28, 1990, 104 Stat. 4634.) -REFTEXT- REFERENCES IN TEXT Sections 201 and 202 of this title, referred to in subsec. (a), are sections 201 and 202 of title II of Pub. L. 99-662, Nov. 17, 1986, 100 Stat. 4089, 4091, which are not classified to the Code. This subchapter, referred to in subsec. (f)(1), was in the original "this title" which, in addition to this subchapter, consisted of sections 201 and 202 of Pub. L. 99-662, which are not classified to the Code. -MISC1- AMENDMENTS 1990 - Subsec. (c). Pub. L. 101-640, Sec. 303(a), inserted after first sentence "The Secretary is further authorized to complete and transmit to the appropriate non-Federal interest any study for improvement to harbors or inland harbors of the United States that is initiated pursuant to section 577 of this title or, upon request of such non-Federal interest, to terminate such study and transmit such partially completed study to the non-Federal interest." Subsec. (e). Pub. L. 101-640, Sec. 303(b)(1), redesignated subsec. (e), relating to operation and maintenance, as (f). Subsec. (e)(1). Pub. L. 101-640, Sec. 303(b)(2), (3), in introductory provisions inserted "including any small navigation project approved pursuant to section 577 of this title," after "or separable element thereof," and in subpar. (A) inserted "(or, in the case of a small navigation project, after completion of a favorable project report by the Corps of Engineers)" after "authorization of the project". Subsec. (f). Pub. L. 101-640, Sec. 303(b)(1), redesignated subsec. (e), relating to operation and maintenance, as (f). Former subsec. (f) redesignated (g). Subsec. (g). Pub. L. 101-640, Sec. 303(b)(1), redesignated subsec. (f) as (g). DEMONSTRATION OF CONSTRUCTION OF FEDERAL PROJECT BY NON-FEDERAL INTERESTS Section 404 of Pub. L. 101-640 provided that: "(a) In General. - For purposes of demonstrating the safety benefits and economic efficiencies which would accrue as a consequence of non-Federal management of harbor improvement projects, the Secretary shall enter into agreements with 2 non- Federal interests pursuant to which the non-Federal interests will undertake part or all of a harbor project authorized by law, by utilizing their own personnel or by procuring outside services, if the cost of doing so will not exceed the cost of the Secretary undertaking the project. If proposals for such agreements meet the criteria of section 204 of the Water Resources Development Act of 1986 [33 U.S.C. 2232], the agreements shall be entered into not later than 1 year after the date of the enactment of this Act [Nov. 28, 1990]. "(b) Limitation. - At least 1 project carried out pursuant to this section shall pertain to improvements to a major ship channel which carries a substantial volume of both passenger and cargo traffic. "(c) Report. - The Secretary shall transmit to Congress a report regarding the safety benefits and economic efficiencies accrued from entering into agreements with non-Federal interests under this section." -End- -CITE- 33 USC Sec. 2233 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 36 - WATER RESOURCES DEVELOPMENT SUBCHAPTER II - HARBOR DEVELOPMENT -HEAD- Sec. 2233. Coordination and scheduling of Federal, State, and local actions -STATUTE- (a) Notice of intent The Secretary, on request from an appropriate non-Federal interest in the form of a written notice of intent to construct a navigation project for a harbor or inland harbor under section 2232 of this title or this section, shall initiate procedures to establish a schedule for consolidating Federal, State, and local agency environmental assessments, project reviews, and issuance of all permits for the construction of the project, including associated access channels, berthing areas, and onshore port- related facilities, before the initiation of construction. The non- Federal interest shall submit, with the notice of intent, studies and documentation, including environmental reviews, that may be required by Federal law for decisionmaking on the proposed project. A State shall not be required to participate in carrying out this section. (b) Procedural requirements Within 15 days after receipt of notice under subsection (a) of this section, the Secretary shall publish such notice in the Federal Register. The Secretary also shall provide written notification of the receipt of a notice under subsection (a) of this section to all State and local agencies that may be required to issue permits for the construction of the project or related activities. The Secretary shall solicit the cooperation of those agencies and request their entry into a memorandum of agreement described in subsection (c) of this section. Within 30 days after publication of the notice in the Federal Register, State and local agencies that intend to enter into the memorandum of agreement shall notify the Secretary of their intent in writing. (c) Scheduling agreement Within 90 days after receipt of notice under subsection (a) of this section, the Secretary of the Interior, the Secretary of Commerce, the Administrator of the Environmental Protection Agency, and any State or local agencies that have notified the Secretary under subsection (b) of this section shall enter into an agreement with the Secretary establishing a schedule of decisionmaking for approval of the project and permits associated with it and with related activities. Such schedule may not exceed two and one-half years from the date of the agreement. (d) Contents of agreement The agreement entered into under subsection (c) of this section, to the extent practicable, shall consolidate hearing and comment periods, procedures for data collection and report preparation, and the environmental review and permitting processes associated with the project and related activities. The agreement shall detail, to the extent possible, the non-Federal interest's responsibilities for data development and information that may be necessary to process each permit, including a schedule when the information and data will be provided to the appropriate Federal, State, or local agency. (e) Preliminary decision The agreement shall include a date by which the Secretary, taking into consideration the views of all affected Federal agencies, shall provide to the non-Federal interest in writing a preliminary determination whether the project and Federal permits associated with it are reasonably likely to receive approval. (f) Revision of agreement The Secretary may revise the agreement once to extend the schedule to allow the non-Federal interest the minimum amount of additional time necessary to revise its original application to meet the objections of a Federal, State, or local agency which is a party to the agreement. (g) Progress reports Six months before the final date of the schedule, the Secretary shall provide to Congress a written progress report for each navigation project for a harbor or inland harbor subject to this section. The Secretary shall transmit the report to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate. The report shall summarize all work completed under the agreement and shall include a detailed work program that will assure completion of all remaining work under the agreement. (h) Final decision Not later than the final day of the schedule, the Secretary shall notify the non-Federal interest of the final decision on the project and whether the permit or permits have been issued. (i) Report on timesavings methods Not later than one year after November 17, 1986, the Secretary shall prepare and transmit to Congress a report estimating the time required for the issuance of all Federal, State, and local permits for the construction of navigation projects for harbors or inland harbors and associated activities. The Secretary shall include in that report recommendations for further reducing the amount of time required for the issuance of those permits, including any proposed changes in existing law. -SOURCE- (Pub. L. 99-662, title II, Sec. 205, Nov. 17, 1986, 100 Stat. 4101.) -CHANGE- CHANGE OF NAME Committee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 of Title 2, The Congress. -End- -CITE- 33 USC Sec. 2234 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 36 - WATER RESOURCES DEVELOPMENT SUBCHAPTER II - HARBOR DEVELOPMENT -HEAD- Sec. 2234. Nonapplicability to Saint Lawrence Seaway -STATUTE- Sections 2231, 2232, and 2233 of this title do not apply to any harbor or inland harbor project for that portion of the Saint Lawrence Seaway administered by the Saint Lawrence Seaway Development Corporation. -SOURCE- (Pub. L. 99-662, title II, Sec. 206, Nov. 17, 1986, 100 Stat. 4102.) -End- -CITE- 33 USC Sec. 2235 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 36 - WATER RESOURCES DEVELOPMENT SUBCHAPTER II - HARBOR DEVELOPMENT -HEAD- Sec. 2235. Construction in usable increments -STATUTE- 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. -SOURCE- (Pub. L. 99-662, title II, Sec. 207, Nov. 17, 1986, 100 Stat. 4102.) -End- -CITE- 33 USC Sec. 2236 01/02/2006 -EXPCITE-