33 U.S.C. § 2211 : US Code - Section 2211: Harbors

Search 33 U.S.C. § 2211 : US Code - Section 2211: Harbors

(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.