33 U.S.C. § 2232 : US Code - Section 2232: Construction of projects by non-Federal interests

Search 33 U.S.C. § 2232 : US Code - Section 2232: Construction of projects by non-Federal interests

(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.