Title 33Navigation and Navigable WatersRelease 119-73

§2233 Coordination and scheduling of Federal, State, and local actions

Title 33 › Chapter CHAPTER 36— - WATER RESOURCES DEVELOPMENT › Subchapter SUBCHAPTER II— - HARBOR DEVELOPMENT › § 2233

Last updated Apr 6, 2026|Official source

Summary

When a non‑Federal group gives written notice that it plans to build a harbor or inland harbor project, the Secretary must start making a schedule to combine all federal, state, and local environmental reviews, project reviews, and permits before construction begins. The group must send any studies and environmental reports that federal law requires. A State does not have to take part. Within 15 days of getting the notice, the Secretary must publish it in the Federal Register and tell state and local permit agencies about it. Agencies that want to join must say so in writing within 30 days after that publication. Within 90 days of the notice, the Secretary, the Secretary of the Interior, the Secretary of Commerce, the Administrator of the Environmental Protection Agency, and any participating state or local agencies must make an agreement that sets a decision schedule. The schedule cannot be longer than two and one‑half years from the date of the agreement. The agreement must, where possible, combine hearings, comment times, data collection, environmental reviews, and permitting steps, and it must say what information the non‑Federal group must provide and when. The agreement must also include a date when the Secretary will give a written preliminary opinion on whether the project and permits are likely to be approved. The Secretary may extend the schedule once by the smallest amount needed to let the group fix its application to address objections. Six months before the schedule ends, the Secretary must send Congress a progress report to the House Committee on Public Works and Transportation and the Senate Committee on Environment and Public Works. By the final day of the schedule, the Secretary must tell the non‑Federal group the final decision and whether permits were issued. Not later than one year after November 17, 1986, the Secretary must send Congress a report estimating how long permit review takes and recommending ways to shorten that time, including any suggested changes in law.

Full Legal Text

Title 33, §2233

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)The Secretary, on request from an appropriate non-Federal interest in the form of a written notice of intent to construct a navigation project for a harbor or inland harbor under section 2232 of this title or this section, shall initiate procedures to establish a schedule for consolidating Federal, State, and local agency environmental assessments, project reviews, and issuance of all permits for the construction of the project, including associated access channels, berthing areas, and onshore port-related facilities, before the initiation of construction. The non-Federal interest shall submit, with the notice of intent, studies and documentation, including environmental reviews, that may be required by Federal law for decisionmaking on the proposed project. A State shall not be required to participate in carrying out this section.
(b)Within 15 days after receipt of notice under subsection (a), the Secretary shall publish such notice in the Federal Register. The Secretary also shall provide written notification of the receipt of a notice under subsection (a) to all State and local agencies that may be required to issue permits for the construction of the project or related activities. The Secretary shall solicit the cooperation of those agencies and request their entry into a memorandum of agreement described in subsection (c). Within 30 days after publication of the notice in the Federal Register, State and local agencies that intend to enter into the memorandum of agreement shall notify the Secretary of their intent in writing.
(c)Within 90 days after receipt of notice under subsection (a), the Secretary of the Interior, the Secretary of Commerce, the Administrator of the Environmental Protection Agency, and any State or local agencies that have notified the Secretary under subsection (b) shall enter into an agreement with the Secretary establishing a schedule of decisionmaking for approval of the project and permits associated with it and with related activities. Such schedule may not exceed two and one-half years from the date of the agreement.
(d)The agreement entered into under subsection (c), to the extent practicable, shall consolidate hearing and comment periods, procedures for data collection and report preparation, and the environmental review and permitting processes associated with the project and related activities. The agreement shall detail, to the extent possible, the non-Federal interest’s responsibilities for data development and information that may be necessary to process each permit, including a schedule when the information and data will be provided to the appropriate Federal, State, or local agency.
(e)The agreement shall include a date by which the Secretary, taking into consideration the views of all affected Federal agencies, shall provide to the non-Federal interest in writing a preliminary determination whether the project and Federal permits associated with it are reasonably likely to receive approval.
(f)The Secretary may revise the agreement once to extend the schedule to allow the non-Federal interest the minimum amount of additional time necessary to revise its original application to meet the objections of a Federal, State, or local agency which is a party to the agreement.
(g)Six months before the final date of the schedule, the Secretary shall provide to Congress a written progress report for each navigation project for a harbor or inland harbor subject to this section. The Secretary shall transmit the report to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate. The report shall summarize all work completed under the agreement and shall include a detailed work program that will assure completion of all remaining work under the agreement.
(h)Not later than the final day of the schedule, the Secretary shall notify the non-Federal interest of the final decision on the project and whether the permit or permits have been issued.
(i)Not later than one year after November 17, 1986, the Secretary shall prepare and transmit to Congress a report estimating the time required for the issuance of all Federal, State, and local permits for the construction of navigation projects for harbors or inland harbors and associated activities. The Secretary shall include in that report recommendations for further reducing the amount of time required for the issuance of those permits, including any proposed changes in existing law.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

33 U.S.C. § 2233

Title 33Navigation and Navigable Waters

Last Updated

Apr 6, 2026

Release point: 119-73