33 U.S.C. § 2238e — Additional projects for underserved community harbors
submitted 4 years ago by Pub. L. 117-263 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 627 words · no verdicts yet
The Secretary may fund projects for underserved community harbors that support water-dependent commercial or recreational activity and ecosystem restoration. The section sets rules for beneficial use of dredged material, prioritization, cost limits, and funding.
(a) Subject to appropriations designated for this section, the Secretary may carry out projects for underserved community harbors to sustain water-dependent commercial and recreational activities and contribute to ecosystem restoration. (b)(1) The Secretary may use a beneficial-use disposal option that is not the least costly if its added cost is reasonable under section 2326(d)(1). (2) The non-Federal share of that added cost is determined under section 2213(a)–(d). (c) The Secretary must prioritize projects based on local or regional economic benefits; environmental benefits, including wetlands and shoreline-erosion control; and other social effects, including protecting life and contributing to local or regional cultural heritage. (d) The Secretary may not require the non-Federal interest* to perform added operation or maintenance at the placement or disposal site as a condition of assistance. (e) The Federal share may not exceed $10 million. (f) These projects are in addition to otherwise funded operation and maintenance under section 2238 or section 102(a) of the Water Resources Development Act of 2020. (g)(1) “Project” means one maintenance-dredging cycle and associated placement of dredged material. (2) “Underserved community harbor*” means an emerging harbor, a harbor providing passenger or freight service to dependent island communities, or an adjacent or accessible marina or berthing area, where (A) no Federal maintenance-dredging money was obligated in the current or prior four fiscal years and (B) State and local infrastructure investment occurred during any of the prior four fiscal years. (h)(1) Congress may appropriate $50 million from the Treasury’s General Fund for each fiscal year 2023–2029 into the specified Corps account. (2) At least 35% each year must fund beneficial use of dredged material. (i) The Secretary may carry out no more than 10 projects for the marina or berthing-area type of harbor in (g)(2).
Subject to the availability of appropriations designated by statute as being for the purpose of carrying out this section, the Secretary may carry out projects for underserved community harbors for purposes of sustaining water-dependent commercial and recreational activities at such harbors and for purposes of contributing to ecosystem restoration.
The Secretary may carry out a project under this section involving a disposal option for the beneficial use of dredged material that is not the least cost disposal option if the Secretary determines that the incremental cost of the disposal option is reasonable pursuant to the standard described in section 2326(d)(1) of this title.
The non-Federal share of the incremental cost of a project carried out under this section involving a disposal option for the beneficial use of dredged material that is not the least cost disposal option shall be determined as provided under subsections (a) through (d) of section 2213 of this title.
The Secretary shall prioritize carrying out projects using funds made available under this section based on an assessment of—
the local or regional economic benefits of the project;
the environmental benefits of the project, including the benefits to the aquatic environment to be derived from the creation of wetland and control of shoreline erosion; and
other social effects of the project, including protection against loss of life and contributions to local or regional cultural heritage.
The Secretary shall not require the non-Federal interest* for a project carried out under this section to perform additional operation and maintenance activities at the beneficial use placement site or the disposal site for such project as a condition of receiving assistance under this section.
The Federal share of the cost of a project under this section shall not exceed $10,000,000.
Projects carried out under this section shall be in addition to operation and maintenance activities otherwise carried out by the Secretary for underserved community harbors using funds appropriated pursuant to section 2238 of this title or section 102(a) of the Water Resources Development Act of 2020 (33 U.S.C. 2238 note).
In this section:
The term “project” means a single cycle of maintenance dredging of an underserved community harbor* and any associated placement of dredged material at a beneficial use placement site or disposal site.
The term “underserved community harbor” means an emerging harbor (as defined in section 2238(f) of this title), a harbor where passenger or freight service is provided to island communities dependent on that service, or a marina or berthing area that is located adjacent to, or is accessible by, a Federal navigation project, for which—
no Federal funds have been obligated for maintenance dredging in the current fiscal year or in any of the 4 preceding fiscal years; and
State and local investments in infrastructure have been made during any of the 4 preceding fiscal years.
There is authorized to be appropriated to carry out this section $50,000,000 from the General Fund of the Treasury for each of fiscal years 2023 through 2029, to be deposited into the “corps of engineers—civil—operation and maintenance” account.
Not less than 35 percent of the amounts made available to carry out this section for each fiscal year shall be used for projects involving the beneficial use of dredged material.
The Secretary may carry out not more than 10 projects under this section that are projects for an underserved community harbor that is a marina or berthing area described in subsection (g)(2).
Source credit: (Pub. L. 117–263, div. H, title LXXXI, § 8132, Dec. 23, 2022, 136 Stat. 3719; Pub. L. 118–272, div. A, title III, § 1356, Jan. 4, 2025, 138 Stat. 3161.)
- 2022Enacted · Pub. L. 117-263 · 136 Stat. 3719
- 2025Amended · Pub. L. 118-272 · 138 Stat. 3161
A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-263 on 2022-12-23.
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