§ 2211. — Harbors.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2211]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 36--WATER RESOURCES DEVELOPMENT
SUBCHAPTER I--COST SHARING
Sec. 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.
(Pub. L. 99-662, title I, Sec. 101, Nov. 17, 1986, 100 Stat. 4082; Pub.
L. 100-676, Sec. 13(a), Nov. 17, 1988, 102 Stat. 4025; Pub. L. 102-580,
title III, Sec. 333(b)(1), Oct. 31, 1992, 106 Stat. 4852; Pub. L. 104-
303, title II, Sec. 201(a)-(d), Oct. 12, 1996, 110 Stat. 3671, 3672.)
References in Text
This Act, referred to in subsec. (b)(1), is Pub. L. 99-662, Nov. 17,
1986, 100 Stat. 4082, as amended, known as the Water Resources
Development Act of 1986. For complete classification of this Act to the
Code, see Short Title note set out under section 2201 of this title and
Tables.
Amendments
1996--Subsec. (a)(2). Pub. L. 104-303, Sec. 201(a)(1), inserted last
sentence and struck out former last sentence which read as follows:
``The value of lands, easements, rights-of-way, relocations, and dredged
material disposal areas 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.''
Subsec. (a)(3). Pub. L. 104-303, Sec. 201(a)(2), inserted ``and''
after ``rights-of-way,'', struck out ``, and dredged material disposal
areas'' after ``relocations under paragraph (4))'', and inserted before
period at end ``, 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''.
Subsec. (a)(5). Pub. L. 104-303, Sec. 201(a)(3), added par. (5).
Subsec. (b). Pub. L. 104-303, Sec. 201(b), designated existing
provisions as par. (1), inserted heading, realigned margins, and
substituted ``by the Secretary pursuant to this Act or any other law
approved after November 17, 1986'' for ``pursuant to this Act'', and
added par. (2).
Subsec. (e)(1). Pub. L. 104-303, Sec. 201(c), substituted
``including those necessary for dredged material disposal facilities,''
for ``and to provide dredged material disposal areas''.
Subsec. (f). Pub. L. 104-303, Sec. 201(d), added subsec. (f).
1992--Subsec. (a)(3). Pub. L. 102-580 substituted ``Except as
provided under section 906(c), the non-Federal'' for ``The non-
Federal''.
1988--Subsec. (a)(2). Pub. L. 100-676 added par. (2) and struck out
former par. (2) which read as follows: ``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, relocations, and dredged material disposal
areas provided under paragraph (3) shall be credited toward the payment
required under this paragraph.''
Effective Date of 1988 Amendment
Section 13(b) of Pub. L. 100-676 provided that: ``The amendment made
by subsection (a) [amending this section] shall take effect on November
17, 1986.''
Deep Draft Harbor Cost Sharing
Pub. L. 106-53, title IV, Sec. 401, Aug. 17, 1999, 113 Stat. 322,
provided that:
``(a) In General.--The Secretary shall undertake a study of non-
Federal cost-sharing requirements for the construction and operation and
maintenance of deep draft harbor projects to determine whether--
``(1) cost sharing adversely affects United States port
development or domestic and international trade; and
``(2) any revision of the cost-sharing requirements would
benefit United States domestic and international trade.
``(b) Recommendations.--
``(1) In general.--Not later than May 30, 2001, the Secretary
shall submit to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives any recommendations that the Secretary may
have in light of the study under subsection (a).
``(2) Considerations.--In making recommendations, the Secretary
shall consider--
``(A) the potential economic, environmental, and budgetary
impacts of any proposed revision of the cost-sharing
requirements; and
``(B) the effect that any such revision would have on
regional port competition.''
Amendment of Cooperation Agreement
Section 201(f) of Pub. L. 104-303 provided that: ``If requested by
the non-Federal interest, the Secretary shall amend a project
cooperation agreement executed on or before the date of the enactment of
this Act [Oct. 12, 1996] to reflect the application of the amendments
made by this section [amending this section and section 2241 of this
title] to any project for which a contract for construction has not been
awarded on or before that date.''
Increases in Non-Federal Share of Costs
Section 201(g) of Pub. L. 104-303 provided that: ``Nothing in this
section [amending this section and section 2241 of this title and
enacting provisions set out above] (including the amendments made by
this section) shall increase, or result in the increase of, the non-
Federal share of the costs of--
``(1) expanding any confined dredged material disposal facility
that is operated by the Secretary and that is authorized for cost
recovery through the collection of tolls;
``(2) any confined dredged material disposal facility for which
the invitation for bids for construction was issued before the date
of the enactment of this Act [Oct. 12, 1996]; and
``(3) expanding any confined dredged material disposal facility
constructed under section 123 of the River and Harbor Act of 1970
(33 U.S.C. 1293a) if the capacity of the confined dredged material
disposal facility was exceeded in less than 6 years.''
Dredged Material Disposal Areas Study
Section 216 of Pub. L. 102-580 directed Secretary to conduct a study
on the need for changes in Federal law and policy with respect to
dredged material disposal areas for construction and maintenance of
harbors and inland harbors by Secretary and, not later than 18 months
after Oct. 31, 1992, to transmit to Congress a report on the results of
the study, together with recommendations of the Secretary.
Section Referred to in Other Sections
This section is referred to in sections 2213, 2215, 2232, 2236 of
this title.
