§2238e Additional Projects for Underserved Community Harbors

Summary

If Congress provides money for it, the Secretary may fund projects to help underserved community harbors stay open for fishing, boating, and commerce and to help restore nearby ecosystems. The Secretary can use dredged material for useful purposes even if that option costs more than the cheapest choice, as long as the extra cost is reasonable under section 2326(d)(1). The non‑Federal share of that extra cost follows sections 2213(a)–(d). Projects must be picked first based on local or regional economic benefits, environmental benefits (like creating wetlands and stopping shoreline erosion), and other social effects (including saving lives and protecting cultural heritage). The Federal share for any project cannot be more than $10,000,000. The Secretary cannot make local partners do extra operation or maintenance at placement or disposal sites to get help. These projects are in addition to normal maintenance paid under 33 U.S.C. 2238 or section 102(a) of the Water Resources Development Act of 2020. A "project" means one cycle of maintenance dredging and any related placement of that material. An "underserved community harbor" means an emerging harbor, a harbor serving island communities, or a marina/berthing area next to a Federal navigation project that has had no Federal maintenance funds in the current year or any of the 4 prior years and that had State or local infrastructure investments in the past 4 years. Congress authorized $50,000,000 each year for fiscal years 2023 through 2029 for these projects, with at least 35 percent each year used for beneficial use of dredged material. No more than 10 projects may be for marinas or berthing areas as described above.