§2326e Non-Federal interest dredging authority

Summary

The Secretary may allow a non-Federal group to do the maintenance work needed to keep an approved navigation project at its minimum size. Before starting, the non-Federal group must sign an agreement with the Secretary that spells out the terms. If money is available, the group can be paid back for its costs up to the estimated Federal cost, and it must follow the same Federal rules that would apply if the Secretary did the work. The group must provide any equipment at no cost to the United States and protect the U.S. from damage caused by that equipment, except for damage caused by a Federal contractor. Reimbursable costs are limited to dredge operation and maintenance expenses and are paid based on the lesser of two things: the dredge O&M cost for the time it worked for the Federal Government in a fiscal year, or the actual Federal appropriations made that year for the dredge work. Not earlier than 5 years after December 16, 2016, the Secretary may audit these activities to see if they improved navigation safety and reliability and saved the Federal Government money. The authority to allow this ends 10 years after December 16, 2016.