paragraph shall affect or limit the applicability of section 2283 of this title. (d) Certain other costs assigned to project purposes (1) Construction Costs of constructing projects or measures for beach erosion control and water quality enhancement shall be assigned to appropriate project purposes listed in subsections (a), (b), and (c) of this section and shall be shared in the same percentage as the purposes to which the costs are assigned, except that all costs assigned to benefits to privately owned shores (where use of such shores is limited to private interests) or to prevention of losses of private lands shall be borne by non-Federal interests and all costs assigned to the protection of federally owned shores shall be borne by the United States. (2) Periodic nourishment (A) In general In the case of a project authorized for construction after December 31, 1999, except for a project for which a District Engineer's Report is completed by that date, the non-Federal cost of the periodic nourishment of the project, or any measure for shore protection or beach erosion control for the project, that is carried out (i) after January 1, 2001, shall be 40 percent; (ii) after January 1, 2002, shall be 45 percent; and (iii) after January 1, 2003, shall be 50 percent. (B) Benefits to privately owned shores All costs assigned to benefits of periodic nourishment projects or measures to privately owned shores (where use of such shores is limited to private interests) or to prevention of losses of private land shall be borne by the non-Federal interest. (C) Benefits to federally owned shores All costs assigned to the protection of federally owned shores for periodic nourishment measures shall be borne by the United States. (e) Applicability (1) In general This section applies to any project (including any small project which is not specifically authorized by Congress and for which the Secretary has not approved funding before November 17, 1986), or separable element thereof, on which physical construction is initiated after April 30, 1986, as determined by the Secretary, except as provided in paragraph (2). For the purpose of the preceding sentence, physical construction shall be considered to be initiated on the date of the award of a construction contract. [See main edition for text of (2); (f) to (1)] (m) Ability to pay (1) In general Any cost-sharing agreement under this section for flood control or agricultural water supply shall be subject to the ability of a nonFederal interest to pay. (2) Criteria and procedures The ability of a non-Federal interest to pay shall be determined by the Secretary in accordance with criteria and procedures in effect on the day before October 12, 1996; except that such criteria and procedures shall be revised within 1 year after October 12, 1996, to reflect the requirements of paragraph (3). (3) Revision of criteria and procedures In revising criteria and procedures pursuant to paragraph (2), the Secretary(A) shall consider (i) per capita income data for the county or counties in which the project is to be located; and (ii) the per capita non-Federal cost of construction of the project for the county or counties in which the project is to be located; (B) shall not consider criteria (other than criteria described in subparagraph (A)) in effect on the day before October 12, 1996; and (C) may consider additional criteria relating to the non-Federal interest's financial ability to carry out its cost-sharing responsibilities, to the extent that the application of such criteria does not eliminate areas from eligibility for a reduction in the nonFederal share as determined under subparagraph (A). (4) Non-Federal share Notwithstanding subsection (a) of this section, the Secretary may reduce the requirement that a non-Federal interest make a cash contribution for any project that is determined to be eligible for a reduction in the nonFederal share under criteria and procedures in effect under paragraphs (1), (2), and (3). (As amended Pub. L. 104-303, title II. §§ 202(a)(1)(A), (2), (b)(1), 210(a), Oct. 12, 1996, 110 Stat. 3673, 3681; Pub. L. 106-53, title II, §§ 215(a), 219(c), Aug. 17, 1999, 113 Stat. 292, 295; Pub. L. 106-109, §5, Nov. 24, 1999, 113 Stat. 1495.) AMENDMENTS 1999 Subsec. (b). Pub. L. 106-53, §219(c)(1), which directed insertion of the par. (1) designation and heading before "The non-Federal", was executed by making the insertion before that phrase the first place it appeared to reflect the probable intent of Congress. Subsec. (b)(2). Pub. L. 106–53, § 219(c)(2), added par. (2). Subsec. (d). Pub. L. 106-53, §215(a), designated existing provisions as par. (1), inserted heading, and added par. (2). Subsec. (d)(2)(A). Pub. L. 106-109 substituted "except for a project for which a District Engineer's Report is completed by that date," for "or for which a feasibility study is completed after that date,". 1996 Subsecs. (a)(2), (b). Pub. L. 104-303, § 202(a)(1)(A). substituted 35 percent" for "25 percent" wherever appearing. Subsec. (c)(7). Pub. L. 104-303, § 210(a), added par. (7). Subsec. (e)(1). Pub. L. 104-303, §202(a)(2), inserted at end "For the purpose of the preceding sentence, physical construction shall be considered to be initiated on the date of the award of a construction contract.” Subsec. (m). Pub. L. 104-303, §202(b)(1), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "Any cost sharing agreement under this section for flood control or agricultural water supply shall be subject to the ability of a non-Federal interest to pay. The ability of any non-Federal interest to pay shall be determined by the Secretary in accordance with procedures established by the Secretary." EFFECTIVE DATE OF 1996 AMENDMENT Section 202(a)(1)(B) of Pub. L. 104-303 provided that: "The amendments made by subparagraph (A) [amending this section] shall apply to any project authorized after the date of the enactment of this Act [Oct. 12, 1996] and to any flood control project that is not specifically authorized by Congress for which a Detailed Project Report is approved after such date of enactment or, in the case of a project for which no Detailed Project Report is prepared, construction is initiated after such date of enactment." Section 202(b)(2) of Pub. L. 104-303 provided that: "(A) GENERALLY.-Subject to subparagraph (C), the amendment made by paragraph (1) [amending this section] shall apply to any project, or separable element thereof, with respect to which the Secretary and the non-Federal interest enter into a project cooperation agreement after December 31, 1997. "(B) AMENDMENT OF COOPERATION AGREEMENT.—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 amendment made by paragraph (1) to any project for which a contract for construction has not been awarded on or before such date of enactment. "(C) NON-FEDERAL OPTION.-If requested by the nonFederal interest, the Secretary shall apply the criteria and procedures established pursuant to section 103(m) of the Water Resources Development Act of 1986 [subsec. (m) of this section] as in effect on the day before the date of the enactment of this Act for projects that are authorized before the date of the enactment of this Act." Section 210(b) of Pub. L. 104-303 provided that: "The amendments made by subsection (a) [amending this section] apply only to projects authorized after the date of the enactment of this Act [Oct. 12, 1996]." SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 426h-1, 2214, 2215, 2307, 2326a, 2332 of this title. §2215. Feasibility studies; planning, engineering, and design (a) Feasibility studies (1) Cost sharing (A) In general The Secretary shall not initiate any feasibility study for a water resources project after November 17, 1986, until appropriate non-Federal interests agree, by contract, to contribute 50 percent of the cost of the study. (B) Payment of cost share during period of study During the period of the study, the nonFederal share of the cost of the study payable under subparagraph (A) shall be 50 percent of the sum of (1) the cost estimate for the study as contained in the feasibility cost-sharing agreement; and (ii) any excess of the cost of the study over the cost estimate if the excess results from (I) a change in Federal law; or (II) a change in the scope of the study requested by the non-Federal interests. (C) Payment of cost share on authorization Except as otherwise agreed to by the Secretary and the non-Federal interests and subject to clause (ii), the non-Federal share of any excess of the cost of the study over the cost estimate (excluding any excess cost described in subparagraph (B)(ii)) shall be payable on the date on which the Secretary and the non-Federal interests enter into an agreement pursuant to section 2211(e) or 2213(j) of this title with respect to the project. (ii) Project not timely authorized If the project that is the subject of the study is not authorized by the date that is 5 years after the completion of the final report of the Chief of Engineers concerning the study or the date that is 2 years after the termination of the study, the non-Federal share of any excess of the cost of the study over the cost estimate (excluding any excess cost described in subparagraph (B)(ii)) shall be payable to the United States on that date. (D) Amendment of cost estimate The cost estimate referred to in subparagraph (B)(i) may be amended only by agreement of the Secretary and the non-Federal interests. (E) In-kind contributions Not more than 1⁄2 of the non-Federal share required under this paragraph may be satisfied by the provision of services, materials, supplies, or other in-kind services necessary to prepare the feasibility report. (2) Applicability This subsection shall not apply to any water resources study primarily designed for the purposes of navigational improvements in the nature of dams, locks, and channels on the Nation's system of inland waterways. [See main edition for text of (b) and (c)] (As amended Pub. L. 104-303, title II, §203(a), Oct. 12, 1996, 110 Stat. 3677.) AMENDMENTS 1996--Subsec. (a)(1). Pub. L. 104-303, §203(a)(1), inserted heading and amended text of par. (1) generally. Prior to amendment text read as follows: "The Secretary shall not initiate any feasibility study for a water resources project after November 17, 1986, until appropriate non-Federal interests agree, by contract, to contribute 50 percent of the cost for such study during the period of such study. Not more than one-half of such non-Federal contribution may be made by the provision of services, materials, supplies, or other in-kind services necessary to prepare the feasibility report." Subsec. (a)(2). Pub. L. 104-303, §203(a)(2), inserted heading. EFFECTIVE DATE OF 1996 AMENDMENT Section 203(b) of Pub. L. 104-303 provided that: "The amendments made by subsection (a) [amending this section] shall apply notwithstanding any feasibility cost-sharing agreement entered into by the Secretary and the non-Federal interests. On request of the nonFederal interest, the Secretary shall amend any feasibility cost-sharing agreements in effect on the date of the enactment of this Act [Oct. 12, 1996] so as to conform the agreements with the amendments." NO REQUIREMENT OF REIMBURSEMENT Section 203(c) of Pub. L. 104-303 provided that: "Nothing in this section [amending this section and enacting provisions set out above] or any amendment made by this section requires the Secretary to reimburse the non-Federal interests for funds previously contributed for a study." SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2282, 2332 of this title. § 2220. Rivers and harbors and other waterways projects for benefit of navigation, flood control, hurricane protection, beach erosion control, and other purposes (a) Congressional declaration of policy; purchase of indebtedness and loans to local interests to meet contribution requirements In the prosecution of projects for rivers and harbors and other waterways for the benefit of navigation, the control of destructive flood waters, hurricane protection, beach erosion control, and for other purposes, authorized to be prosecuted under the direction of the Secretary of the Army under the supervision of the Chief of Engineers in accordance with plans adopted and authorized by the Congress, it is hereby declared to be the policy of the Congress, that whenever such projects are located wholly or partially within an area which is eligible for financial assistance under the Public Works and Economic Development Act of 1965 [42 U.S.C. 3121 et seq.], the Secretary of Commerce is authorized to purchase evidences of indebtedness and to make loans for a period not exceeding fifty years to enable responsible local interests to meet the requirements of local cooperation pertaining to contributions toward the cost of construction of such projects within such areas. (b) Authorization of appropriations There is hereby authorized to be appropriated to carry out this section, not to exceed $10,000,000 per fiscal year for the fiscal year ending June 30, 1966, and for each fiscal year thereafter through and including the fiscal year ending June 30, 1970. (Pub. L. 89-298, title II, §217, Oct. 27, 1965, 79 Stat. 1088.) REFERENCES IN TEXT The Public Works and Economic Development Act of 1965, referred to in subsec. (a), is Pub. L. 89-136, Aug. 26. 1965, 79 Stat. 552, as amended, which is classified generally to chapter 38 (§ 3121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 3121 of Title 42 and Tables. CODIFICATION Section was formerly classified to section 3142a of Title 42, The Public Health and Welfare. Section was not enacted as part of the Water Resources Development Act of 1986 which comprises this chapter. SUBCHAPTER II-HARBOR DEVELOPMENT § 2233. Coordination and scheduling of Federal, State, and local actions CHANGE OF NAME Committee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 of Title 2, The Congress. §2236. Port or harbor dues [See main edition for text of (a)] (b) Jurisdiction (1) The district court of the United States for the district in which is located a non-Federal interest that levies port or harbor dues under this section has original and exclusive jurisdiction over any matter arising out of or concerning, the imposition, computation, collection, and enforcement of port or harbor dues by a non-Federal interest under this section. (2) Any person who suffers legal wrong or is adversely affected or aggrieved by the imposition by a non-Federal interest of a proposed scheme or schedule of port or harbor dues under this section may, not later than 180 days after the date of hearing under subsection (a)(5)(A)(iii) of this section, commence an action to seek judicial review of that proposed scheme or schedule in the appropriate district court under paragraph (1). (3) On petition of the Attorney General or any other party, that district court may— (A) grant appropriate injunctive relief to restrain an action by that non-Federal interest violating the conditions of consent in subsection (a) of this section; (B) order the refund of any port or harbor dues not lawfully collected; and (C) grant other appropriate relief or remedy. (c) Collection of duties (1) Delivery of certificate and manifest (A) Upon arrival of vessel Upon the arrival of a vessel in a harbor in which the vessel may be subject to the levy of port or harbor dues under this section, the master of that vessel shall, within fortyeight hours after arrival and before any cargo is unloaded from that vessel, deliver to the appropriate authorized representative appointed under subsection (a)(6)(C) of this section a tonnage certificate for the vessel and a manifest of the cargo aboard that vessel or, if the vessel is in ballast, a declaration to that effect. (B) Before departure of vessel The shipper, consignor, or terminal operator having custody of any cargo to be loaded on board a vessel while the vessel is in a harbor in which the vessel may be subject to the levy of port or harbor dues under this section shall, within forty-eight hours before departure of that vessel, deliver to the appropriate authorized representative appointed under subsection (a)(6)(C) of this sec tion an export declaration specifying the cargo to be loaded on board that vessel. (d) Enforcement At the request of an authorized representative referred to in subsection (a)(6)(C) of this section, the Secretary of the Treasury may: (1) withhold the clearance required by section 91 of title 46, Appendix for a vessel if the master, owner, or operator of a vessel subject to port or harbor dues under this section fails to comply with the provisions of this section including any non-Federal law, regulation or ordinance issued hereunder; and (2) assess a penalty or initiate a forfeiture of the cargo in the same manner and under the same procedures as are applicable for failure to pay customs duties under the Tariff Act of 1930 (19 U.S.C. 1202 et seq.) if the shipper, consignor, consignee, or terminal operator having title to or custody of cargo subject to port or harbor dues under this section fails to comply with the provisions of this section including any non-Federal law, regulation, or ordinance issued hereunder. (e) Maritime Lien Port or harbor dues levied under this section against a vessel constitute a maritime lien against the vessel and port or harbor dues levied against cargo constitute a lien against the cargo that may be recovered in an action in the district court of the United States for the district in which the vessel or cargo is found. (As amended Pub. L. 104–66, title I, § 1021(g), Dec. 21, 1995, 109 Stat. 713.) REFERENCES IN TEXT Subsection (b) of this section, referred to in subsec. (a)(6)(B), which related to audits, was struck out by Pub. L. 104-66 and subsec. (c) was redesignated as subsec. (b). Subsection (c) of this section, referred to in subsec. (a)(6)(D), which related to jurisdiction, was redesignated as subsec. (b) by Pub. L. 104-66. The Tariff Act of 1930, referred to in subsec. (d)(2), is act June 17, 1930, ch. 497, 46 Stat. 590, as amended, which is classified generally to chapter 4 (§1202 et seq.) of Title 19, Customs Duties. For complete classification of this Act to the Code, see section 1654 of Title 19 and Tables. AMENDMENTS 1995 Subsecs. (b) to (f). Pub. L. 104-66 redesignated subsecs. (c) to (f) as (b) to (e), respectively, and struck out heading and text of former subsec. (b). Text read as follows: "The Comptroller General of the United States shall "(1) carry out periodic audits of the operations of non-Federal interests that elect to levy port or harbor dues under this section to determine if the conditions of subsection (a) of this section are being complied with; "(2) submit to each House of the Congress a written report containing the findings resulting from each audit; and "(3) make any recommendations that the Comptroller General considers appropriate regarding the compliance of those non-Federal interests with the requirements of this section." §2239. Repealed. Pub. L. 101-640, title IV, § 412(f), Nov. 28, 1990, 104 Stat. 4650 SEDIMENTS DECONTAMINATION TECHNOLOGY Pub. L. 102-580, title IV. §405. Oct. 31, 1992, 106 Stat. 4863, as amended by Pub. L. 104-303, title II, §226. Oct. 12, 1996, 110 Stat. 3697; Pub. L. 106-53, title II, § 204, Aug. 17, 1999, 113 Stat. 285, provided that: "(a) DECONTAMINATION PROJECT.— [See main edition for text of (1) and (2)] "(3) PROJECT PURPOSE.-The purpose of the project to be carried out under this section is to provide for the development of 1 or more sediment decontamination technologies on a pilot scale demonstrating a capacity of at least 500,000 cubic yards per year. "(4) PRACTICAL END-USE PRODUCTS.-Technologies selected for demonstration at the pilot scale shall be intended to result in practical end-use products. "(5) ASSISTANCE BY THE SECRETARY.-The Secretary shall assist the project to ensure expeditious completion by providing sufficient quantities of contaminated dredged material to conduct the full-scale demonstrations to stated capacity. [See main edition for text of (b)] "(c) AUTHORIZATION OF APPROPRIATIONS.-There is authorized to be appropriated to carry out this section $22,000,000 to complete technology testing, technology commercialization, and the development of full scale processing facilities within the New York/New Jersey Harbor. Such sums shall remain available until expended. "(d) REPORTS.-Not later than September 30, 1998, and periodically thereafter, the Administrator and the Secretary shall transmit to Congress a report on the results of the project to be carried out under this section, including an assessment of the progress made in achieving the purpose of the project set forth in subsection (a)(3). "(e) SUPPORT.-In carrying out the program under this section, the Secretary is encouraged to use contracts, cooperative agreements, and grants with colleges and universities and other non-Federal entities." §2241. Definitions For purposes of this subchapter— [See main edition for text of (1)] (2) Eligible operations and maintenance (A) Except as provided in subparagraph (B), the term "eligible operations and maintenance" means all Federal operations, maintenance, repair, and rehabilitation, including (i) maintenance dredging reasonably necessary to maintain the width and nominal depth of any harbor or inland harbor; (ii) the construction of dredged material disposal facilities that are necessary for the operation and maintenance of any harbor or inland harbor; (iii) dredging and disposing of contaminated sediments that are in or that affect the maintenance of Federal navigation channels; (iv) mitigating for impacts resulting from Federal navigation operation and maintenance activities; and (v) operating and maintaining dredged material disposal facilities. [See main edition for text of (B)] (C) The term "eligible operations and maintenance" does not include providing any lands, easements, or rights-of-way, or performing relocations required for project operations and maintenance. [See main edition for text of (3) to (8)] (As amended Pub. L. 104-303, title II, §201(e), Oct. 12, 1996, 110 Stat. 3672.) AMENDMENTS 1996-Par. (2)(A). Pub. L. 104-303, §201(e)(1), inserted "Federal" after "means all" and "(i)" after "includ ing", and inserted before period at end a semicolon and cls. (ii) to (v). Par. (2)(C). Pub. L. 104-303, §201(e)(2), substituted "or rights-of-way," for "rights-of-way, or dredged material disposal areas,". INCREASES IN NON-FEDERAL SHARE OF COSTS Amendment by Pub. L. 104-303 not to increase, or result in increase of, non-Federal share of costs of expanding any confined dredged material disposal facility that is operated by Secretary and authorized for cost recovery through collection of tolls, any confined dredged material disposal facility for which invitation for bids for construction was issued before Oct. 12, 1996, and expanding any confined dredged material disposal facility constructed under section 1293a of this title if capacity of confined dredged material disposal facility was exceeded in less than 6 years, see section 201(g) of Pub. L. 104-303, set out as a note under section 2211 of this title. SUBCHAPTER III-INLAND WATERWAY TRANSPORTATION SYSTEM § 2251. Inland Waterways Users Board (b) Duties The Users Board shall meet at least semi-annually to develop and make recommendations to the Secretary regarding construction and rehabilitation priorities and spending levels on the commercial navigational features and components of the inland waterways and inland harbors of the United States for the following fiscal years. Any advice or recommendation made by the Users Board to the Secretary shall reflect the independent judgment of the Users Board. Notwithstanding section 3003 of Public Law 104-66 (31 U.S.C. 1113 note; 109 Stat. 734), the Users Board shall, by December 31, 1987, and annually thereafter file such recommendations with the Secretary and with the Congress. [See main edition for text of (c)] (As amended Pub. L. 106-109, §8(a), Nov. 24, 1999, 113 Stat. 1495.) AMENDMENTS 1999 Subsec. (b). Pub. L. 106-109, in last sentence, substituted "Notwithstanding section 3003 of Public Law 104-66 (31 U.S.C. 1113 note; 109 Stat. 734), the" for "The". SUBCHAPTER IV-WATER RESOURCES STUDIES § 2263. Study of Corps capability to conserve fish and wildlife [See main edition for text of (a)] (b) The Secretary is further authorized to conduct projects of alternative or beneficially modified habitats for fish and wildlife, including but not limited to man-made reefs for fish. There is authorized to be appropriated not to exceed $7,000,000 to carry out such projects. Such projects shall be developed, and their effectiveness evaluated, in consultation with the Director of the Fish and Wildlife Service and the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration. Such projects shall include [See main edition for text of (1) to (3)] (4) the construction of a reef for fish habitat in the Chesapeake Bay in Maryland and Virginia. The non-Federal share of the cost of any project under this section shall be 25 percent. (As amended Pub. L. 104-303, title V, §505, Oct. 12, 1996, 110 Stat. 3757.) AMENDMENTS 1996 Subsec. (b). Pub. L. 104-303 substituted "$7,000,000" for "$5,000,000" in introductory provisions and inserted "and Virginia" after "Maryland" in par. (4). §2264. Deauthorization of studies (a) Notwithstanding section 3003 of Public Law 104-66 (31 U.S.C. 1113 note; 109 Stat. 734), not later than one year after November 17, 1986, and annually thereafter, the Secretary shall submit to Congress a list of incomplete water resources studies which have been authorized, but for which no funds have been appropriated during the 5 full fiscal years preceding the submission of such list. For each such study the Secretary shall include the following information: [See main edition for text of (1) to (5); (b)] (As amended Pub. L. 106-109, §8(b), Nov. 24, 1999, 113 Stat. 1495.) AMENDMENTS 1999 Subsec. (a). Pub. L. 106-109, in first sentence, substituted "Notwithstanding section 3003 of Public Law 104-66 (31 U.S.C. 1113 note; 109 Stat. 734), not" for "Not". §2267. New York Bight study NEW YORK BIGHT AND HARBOR STUDY Pub. L. 102-580, title III, §326, Oct. 31, 1992, 106 Stat. 4850, as amended by Pub. L. 104-303, title IV, § 433, Oct. 12, 1996, 110 Stat. 3746, provided that: [See main edition for text of (a) to (e)] "(f) FUNDING.-There is authorized to be appropriated $3,000,000 for fiscal years beginning after September 30, 1992. Such sums shall remain available until expended." SUBCHAPTER V-GENERAL PROVISIONS § 2281. Matters to be addressed in planning Enhancing national economic development (including benefits to particular regions of the Nation not involving the transfer of economic activity to such regions from other regions), the quality of the total environment (including preservation and enhancement of the environment), the well-being of the people of the United States, the prevention of loss of life, and the preservation of cultural and historical values shall be addressed in the formulation and evaluation of water resources projects to be carried out by the Secretary, and the associated benefits and costs, both quantifiable and unquantifiable, and information regarding potential loss of human life that may be associated with flooding and coastal storm events, shall be displayed in the benefits and costs of such projects. (As amended Pub. L. 104-303, title II, § 231, Oct. 12, 1996, 110 Stat. 3704.) |