33 U.S.C. § 2326e — Non-Federal interest dredging authority
submitted 10 years ago by Pub. L. 114-322 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 441 words · no verdicts yet
The Secretary may let a non-Federal interest perform needed maintenance on an authorized navigation project. Reimbursement is capped, requires an agreement and Federal-law compliance, and the authority ends ten years after December 16, 2016.
(a) The Secretary may permit a non-Federal interest to perform maintenance needed to keep an authorized navigation project, or separable element, at least at its minimum dimensions. (b) Subject to appropriations, the work’s costs may be reimbursed up to the estimated Federal cost, if the non-Federal interest follows all Federal laws and regulations that would apply to the Secretary. (c) Before work begins, the parties must sign an agreement with acceptable terms. (d) The non-Federal interest must provide equipment free to the Government and protect the United States from damage caused by its equipment, except damage caused by a Federal contractor’s fault or negligence. (e) Reimbursable costs are directly related to operating and maintaining a dredge, limited to the lesser of the dredge’s operating and maintenance cost during its Federal work that fiscal year or the Federal appropriation available for the portion of work using it. (f) Starting no earlier than five years after December 16, 2016, the Secretary may audit the work to determine whether it improved navigation reliability and safety and saved Federal money. (g) The authority ends ten years after December 16, 2016.
The Secretary may permit a non-Federal interest to carry out, for an authorized navigation project (or a separable element of an authorized navigation project), such maintenance activities as are necessary to ensure that the project is maintained to not less than the minimum project dimensions.
Except as provided in this section and subject to the availability of appropriations, the costs incurred by a non-Federal interest in performing the maintenance activities described in subsection (a) shall be eligible for reimbursement, not to exceed an amount that is equal to the estimated Federal cost for the performance of the maintenance activities, with any reimbursement subject to the non-Federal interest complying with all Federal laws and regulations that would apply to such maintenance activities if carried out by the Secretary.
Before initiating maintenance activities under this section, a non-Federal interest shall enter into an agreement with the Secretary that specifies, for the performance of the maintenance activities, the terms and conditions that are acceptable to the non-Federal interest and the Secretary.
In carrying out maintenance activities under this section, a non-Federal interest shall—
provide equipment at no cost to the Federal Government; and
hold and save the United States free from any and all damage that arises from the use of the equipment of the non-Federal interest, except for damage due to the fault or negligence of a contractor of the Federal Government.
Costs that are eligible for reimbursement under this section are the costs of maintenance activities directly related to the costs associated with operation and maintenance of a dredge based on the lesser of—
the costs associated with operation and maintenance of the dredge during the period of time that the dredge is being used in the performance of work for the Federal Government during a given fiscal year; or
the actual fiscal year Federal appropriations that are made available for the portion of the maintenance activities for which the dredge was used.
Not earlier than 5 years after December 16, 2016, the Secretary may conduct an audit on any maintenance activities for an authorized navigation project (or a separable element of an authorized navigation project) carried out under this section to determine if permitting a non-Federal interest to carry out maintenance activities under this section has resulted in—
improved reliability and safety for navigation; and
cost savings to the Federal Government.
The authority of the Secretary under this section terminates on the date that is 10 years after December 16, 2016.
Source credit: (Pub. L. 114–322, title I, § 1113, Dec. 16, 2016, 130 Stat. 1637.)
- 2016Enacted · Pub. L. 114-322 · 130 Stat. 1637
A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-322 on 2016-12-16.
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