33 U.S.C. § 2242 — Remote and subsistence harbors

(a) When studying harbor^* and navigation improvements, the Secretary may recommend a project without showing that it is justified solely by national economic-development benefits if the project is in Hawaii, Alaska, Puerto Rico, Guam, the Northern Mariana Islands, the United States^* Virgin Islands, or American Samoa, and (1) over 80% of goods transported through it will be consumed in the United States, based on the Secretary’s determination and non-Federal information, or (2) without it, the long-term viability of its community or a served regional community that will rely on it would be threatened. (b) The Secretary must consider benefits to (1) local and served-region public health and safety, including access to protective facilities; (2) subsistence access to natural resources; (3) local and regional economic opportunities; (4) served regional population welfare; and (5) local and served-region social and cultural value. (c) These projects receive the same budget consideration and priority as projects recommended solely for national economic-development benefits. (d)(1) The Secretary may carry out a studied project under the criteria for projects authorized under section 577. (2) In evaluating and implementing it, the Secretary must allow a non-Federal interest^* to finance it under the flood-control criteria in section 903(c) of the Water Resources Development Act of 1986. (e) If a project cannot be carried out under (d), after finding it feasible under (a), the Secretary may recommend it in the annual report under section 2282d.