Title 33 — Navigation and Navigable WatersRelease 119-73
§2212 Inland waterway transportation
Title 33 › Chapter CHAPTER 36— - WATER RESOURCES DEVELOPMENT › Subchapter SUBCHAPTER I— - COST SHARING › § 2212
Summary
Federal money must pay 75 percent of construction costs for three types of projects: those in Title III, the project in section 652(j), and the inland-navigation part of the section 844 project. The federal government also pays 100 percent of the costs to operate and maintain inland navigation projects. The Secretary must operate and repair any flood gate (and any pumping station built as one unit with it) that was built by June 10, 2014 as part of an authorized hurricane and storm damage reduction project and that crosses an inland or intracoastal waterway listed in section 1804. Non‑Federal parties must pay 35 percent of the costs to operate, maintain, repair, rehabilitate, and replace those structures.
Full Legal Text
Title 33, §2212
Navigation and Navigable Waters — Source: USLM XML via OLRC
(a)75 percent of the costs of construction—
(1)of each project authorized by title III of this Act,
(2)of the project authorized by section 652(j) of this title, and
(3)allocated to inland navigation for the project authorized by section 844 of this Act,
(b)The Federal share of the cost of operation and maintenance of any project for navigation on the inland waterways is 100 percent.
(c)(1)Notwithstanding any other provision of law, the Secretary shall be responsible for the operation and maintenance, including repair, of any flood gate, as well as any pumping station constructed within the channel as a single unit with that flood gate, that—
(A)was constructed as of June 10, 2014, as a feature of an authorized hurricane and storm damage reduction project; and
(B)crosses an inland or intracoastal waterway described in section 1804 of this title.
(2)The non-Federal share of the cost of operation, maintenance, repair, rehabilitation, and replacement of any structure under this subsection shall be 35 percent.
(d)Any Federal responsibility—
(1)with respect to a project authorized by title III or section 652(j) of this title, or
(2)with respect to the portion of the project authorized by section 844 allocated to inland navigation,
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
Title III of this Act, referred to in subsecs. (a)(1) and (d)(1), is title III of Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4109, consisting of section 301 and 302. The projects authorized by title III probably mean the projects authorized by section 301 of Pub. L. 99–662, which is not classified to the Code. section 302 of Pub. L. 99–662, which established the Inland Waterways Users Board, is classified to section 2251 of this title. section 844 of this Act, referred to in subsecs. (a)(3) and (d)(2), is section 844 of Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4177, which is not classified to the Code.
Amendments
2025—Subsec. (a). Pub. L. 118–272 substituted “75 percent of the costs” for “65 percent of the costs” in introductory provisions and “25 percent of such costs” for “35 percent of such costs” in concluding provisions. 2022—Subsec. (a). Pub. L. 117–263 substituted “65 percent of the costs” for “One-half of the costs” in introductory provisions and “35 percent of such costs” for “One-half of such costs” in concluding provisions. 2014—Subsecs. (c), (d). Pub. L. 113–121 added subsec. (c) and redesignated former subsec. (c) as (d).
Statutory Notes and Related Subsidiaries
Effective Date
of 2025 Amendment Pub. L. 118–272, div. A, title I, § 1126(b), Jan. 4, 2025, 138 Stat. 3018, provided that: “The
Amendments
made by subsection (a) [amending this section] shall apply beginning on October 1, 2024, to any
Construction
of a project for navigation on the inland waterways that is new or ongoing on or after that date.”
Effective Date
of 2022 Amendment Pub. L. 117–263, div. H, title LXXXI, § 8157(b), Dec. 23, 2022, 136 Stat. 3738, provided that: “The
Amendments
made by subsection (a) [amending this section] shall apply beginning on October 1, 2022, to any
Construction
of a project for navigation on the inland waterways that is new or ongoing on or after that date.” Inland Waterway Projects Pub. L. 116–260, div. AA, title I, § 109, Dec. 27, 2020, 134 Stat. 2624, as amended by Pub. L. 117–263, div. H, title LXXXI, § 8157(c), Dec. 23, 2022, 136 Stat. 3738, provided that: “Notwithstanding section 102 of the Water Resources Development Act of 1986 (33 U.S.C. 2212), for a project for navigation on the inland waterways receiving a
Construction
appropriation during any of fiscal years 2021 through 2022, 35 percent of the costs of
Construction
of the project shall be paid from amounts appropriated from the Inland Waterways Trust Fund until such
Construction
of the project is complete.” Acceptance of Contributed Funds To Increase Lock Operations Pub. L. 113–121, title I, § 1017,
June 10, 2014, 128 Stat. 1223, as amended by Pub. L. 115–270, title I, § 1135, Oct. 23, 2018, 132 Stat. 3783, provided that: “(a) In General.—The Secretary [of the Army], after providing public notice, shall establish a pilot program for the acceptance and expenditure of funds contributed by non-Federal interests to increase the hours of operation of locks at water resources development projects. “(b) Applicability.—The establishment of the pilot program under this section shall not affect the periodic review and adjustment of hours of operation of locks based on increases in commercial traffic carried out by the Secretary. “(c) Public Comment.—Not later than 180 days before a proposed modification to the operation of a lock at a water resources development project will be carried out, the Secretary shall—“(1) publish the proposed modification in the Federal Register; and “(2) accept public comment on the proposed modification. “(d) Reports.—“(1) In general.—Not later than 1 year after the date of enactment of this Act [
June 10, 2014], 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 and make publicly available a report that evaluates the cost-savings resulting from reduced lock hours and any economic impacts of modifying lock operations. “(2) Review of pilot program.—Not later than
September 30, 2017, and each year thereafter, 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 a report that describes the effectiveness of the pilot program under this section. “(e) Annual Review.—The Secretary shall carry out an annual review of the commercial use of locks and make any necessary adjustments to lock operations based on that review. “(f) Termination.—The authority to accept funds under this section shall terminate 10 years after the date of enactment of this Act.”
Reference
Citations & Metadata
Citation
33 U.S.C. § 2212
Title 33 — Navigation and Navigable Waters
Last Updated
Apr 6, 2026
Release point: 119-73