§ 2232. — Construction of projects by nonFederal interests.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2232]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 36--WATER RESOURCES DEVELOPMENT
SUBCHAPTER II--HARBOR DEVELOPMENT
Sec. 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.
(Pub. L. 99-662, title II, Sec. 204, Nov. 17, 1986, 100 Stat. 4099; Pub.
L. 101-640, title III, Sec. 303, Nov. 28, 1990, 104 Stat. 4634.)
References in Text
Sections 201 and 202 of this title, referred to in subsec. (a), are
sections 201 and 202 of title II of Pub. L. 99-662, Nov. 17, 1986, 100
Stat. 4089, 4091, which are not classified to the Code.
This subchapter, referred to in subsec. (f)(1), was in the original
``this title'' which, in addition to this subchapter, consisted of
sections 201 and 202 of Pub. L. 99-662, which are not classified to the
Code.
Amendments
1990--Subsec. (c). Pub. L. 101-640, Sec. 303(a), inserted after
first sentence ``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.''
Subsec. (e). Pub. L. 101-640, Sec. 303(b)(1), redesignated subsec.
(e), relating to operation and maintenance, as (f).
Subsec. (e)(1). Pub. L. 101-640, Sec. 303(b)(2), (3), in
introductory provisions inserted ``including any small navigation
project approved pursuant to section 577 of this title,'' after ``or
separable element thereof,'' and in subpar. (A) inserted ``(or, in the
case of a small navigation project, after completion of a favorable
project report by the Corps of Engineers)'' after ``authorization of the
project''.
Subsec. (f). Pub. L. 101-640, Sec. 303(b)(1), redesignated subsec.
(e), relating to operation and maintenance, as (f). Former subsec. (f)
redesignated (g).
Subsec. (g). Pub. L. 101-640, Sec. 303(b)(1), redesignated subsec.
(f) as (g).
Demonstration of Construction of Federal Project by Non-Federal
Interests
Section 404 of Pub. L. 101-640 provided that:
``(a) In General.--For purposes of demonstrating the safety benefits
and economic efficiencies which would accrue as a consequence of non-
Federal management of harbor improvement projects, the Secretary shall
enter into agreements with 2 non-Federal interests pursuant to which the
non-Federal interests will undertake part or all of a harbor project
authorized by law, by utilizing their own personnel or by procuring
outside services, if the cost of doing so will not exceed the cost of
the Secretary undertaking the project. If proposals for such agreements
meet the criteria of section 204 of the Water Resources Development Act
of 1986 [33 U.S.C. 2232], the agreements shall be entered into not later
than 1 year after the date of the enactment of this Act [Nov. 28, 1990].
``(b) Limitation.--At least 1 project carried out pursuant to this
section shall pertain to improvements to a major ship channel which
carries a substantial volume of both passenger and cargo traffic.
``(c) Report.--The Secretary shall transmit to Congress a report
regarding the safety benefits and economic efficiencies accrued from
entering into agreements with non-Federal interests under this
section.''
Section Referred to in Other Sections
This section is referred to in sections 2211, 2233, 2234, 2236 of
this title.
