§2238e — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

The Secretary can fund projects for underserved community harbors when Congress provides money. These projects must help keep water-based commercial and recreational activities going and help restore ecosystems. The Secretary can choose to place dredged material in ways that are not the cheapest if the extra cost is reasonable under 33 U.S.C. 2326(d)(1). The non‑Federal partner must pay its share of that extra cost as set by 33 U.S.C. 2213(a)–(d). Projects are chosen by looking at local or regional economic benefits, environmental benefits (like wetland creation and stopping shoreline erosion), and other social effects (including life‑safety and cultural heritage). The non‑Federal partner won’t be forced to do extra operation and maintenance at placement or disposal sites. The federal share for any project cannot be more than $10,000,000. A project means one maintenance dredging cycle and the related placement of dredged material. An underserved community harbor is an emerging harbor (see 33 U.S.C. 2238(f)), a harbor serving island communities, or a marina/berthing area next to or reachable from a federal navigation project that had no federal maintenance dredging funds in the current or any of the 4 prior fiscal years and that had state or local infrastructure investments in any of those 4 prior fiscal years. Up to $50,000,000 is authorized each year for fiscal years 2023 through 2029 to the Corps’ operation and maintenance account, at least 35% of each year’s money must go to projects using beneficial use of dredged material, and no more than 10 marina/berthing projects may be funded.

Title 33, §2238e

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)Subject to the availability of appropriations designated by statute as being for the purpose of carrying out this section, the Secretary may carry out projects for underserved community harbors for purposes of sustaining water-dependent commercial and recreational activities at such harbors and for purposes of contributing to ecosystem restoration.

(b)(1)The Secretary may carry out a project under this section involving a disposal option for the beneficial use of dredged material that is not the least cost disposal option if the Secretary determines that the incremental cost of the disposal option is reasonable pursuant to the standard described in section 2326(d)(1) of this title.

(2)The non-Federal share of the incremental cost of a project carried out under this section involving a disposal option for the beneficial use of dredged material that is not the least cost disposal option shall be determined as provided under subsections (a) through (d) of section 2213 of this title.

(c)The Secretary shall prioritize carrying out projects using funds made available under this section based on an assessment of—

(1)the local or regional economic benefits of the project;

(2)the environmental benefits of the project, including the benefits to the aquatic environment to be derived from the creation of wetland and control of shoreline erosion; and

(3)other social effects of the project, including protection against loss of life and contributions to local or regional cultural heritage.

(d)The Secretary shall not require the non-Federal interest for a project carried out under this section to perform additional operation and maintenance activities at the beneficial use placement site or the disposal site for such project as a condition of receiving assistance under this section.

(e)The Federal share of the cost of a project under this section shall not exceed $10,000,000.

(f)Projects carried out under this section shall be in addition to operation and maintenance activities otherwise carried out by the Secretary for underserved community harbors using funds appropriated pursuant to section 2238 of this title or section 102(a) of the Water Resources Development Act of 2020 (33 U.S.C. 2238 note).

(g)In this section:

(1)The term “project” means a single cycle of maintenance dredging of an underserved community harbor and any associated placement of dredged material at a beneficial use placement site or disposal site.

(2)The term “underserved community harbor” means an emerging harbor (as defined in section 2238(f) of this title), a harbor where passenger or freight service is provided to island communities dependent on that service, or a marina or berthing area that is located adjacent to, or is accessible by, a Federal navigation project, for which—

(A)no Federal funds have been obligated for maintenance dredging in the current fiscal year or in any of the 4 preceding fiscal years; and

(B)State and local investments in infrastructure have been made during any of the 4 preceding fiscal years.

(h)(1)There is authorized to be appropriated to carry out this section $50,000,000 from the General Fund of the Treasury for each of fiscal years 2023 through 2029, to be deposited into the “corps of engineers—civil—operation and maintenance” account.

(2)Not less than 35 percent of the amounts made available to carry out this section for each fiscal year shall be used for projects involving the beneficial use of dredged material.

(i)The Secretary may carry out not more than 10 projects under this section that are projects for an underserved community harbor that is a marina or berthing area described in subsection (g)(2).

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 102(a) of the Water Resources Development Act of 2020, referred to in subsec. (f), is section 102(a) of div. AA of Pub. L. 116–260, which is set out as a note under section 2238 of this title. Codification Section was enacted as part of the Water Resources Development Act of 2022, and also as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Amendments

2025—Subsec. (a). Pub. L. 118–272, § 1356(1), inserted “and for purposes of contributing to ecosystem restoration” before period at end. Subsec. (g)(2). Pub. L. 118–272, § 1356(2), in introductory provisions, inserted “, a harbor where passenger or freight service is provided to island communities dependent on that service, or a marina or berthing area that is located adjacent to, or is accessible by, a Federal navigation project,” before “for which”. Subsec. (h)(1). Pub. L. 118–272, § 1356(3), substituted “2029” for “2026”. Subsec. (i). Pub. L. 118–272, § 1356(4), added subsec. (i).

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 8002 of Pub. L. 117–263, set out as a note under section 2201 of this title.

§2238e Additional Projects for Underserved Community Harbors