33 U.S.C. § 2243: Arctic deep draft port…

Summary

The Secretary can give technical help to state or local public groups, including Indian tribes and Native village, Regional, or Village Corporations, to plan, build, run, and keep up channels, harbors, and other port infrastructure for deep-draft Arctic ports that support Arctic development and security. The Secretary can take and spend money those non‑Federal groups give to pay for that help. No help can start until the group signs a written agreement with the Secretary that includes the terms the Secretary finds appropriate and in the public interest. The Secretary must give priority to ports that the Secretary, the department that runs the Coast Guard, and the Secretary of Defense say are important for Arctic development and security. When studying whether a deep-draft Arctic port is feasible, the Secretary must consult with the department that runs the Coast Guard to identify Coast Guard mission benefits, must consult with the Secretary of Defense to identify national security benefits, and may use those benefits when deciding feasibility.

Title 33, §2243

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)In general

The Secretary may provide technical assistance to non-Federal public entities, including Indian tribes (as defined in section 5304 of title 25) and a Native village, Regional Corporation, or Village Corporation (as those terms are defined in section 1602 of title 43 , for the development, construction, operation, and maintenance of channels, harbors, and related infrastructure associated with deep draft ports for purposes of dealing with Arctic development and security needs.

(b)Acceptance of funds

The Secretary is authorized to accept and expend funds provided by non-Federal public entities, including Indian tribes (as defined in section 5304 of title 25) and a Native village, Regional Corporation, or Village Corporation (as those terms are defined in section 1602 of title 43 1, to carry out the technical assistance activities described in subsection (a).

(c)Limitation

No assistance may be provided under this section until after the date on which the entity to which that assistance is to be provided enters into a written agreement with the Secretary that includes such terms and conditions as the Secretary determines to be appropriate and in the public interest.

(d)Prioritization

The Secretary shall prioritize technical assistance provided under this section for Arctic deep draft ports identified by the Secretary, the Secretary of the department in which the Coast Guard is operating, and the Secretary of Defense as important for Arctic development and security.

(e)Consideration of national security interests

In carrying out a study of the feasibility of an Arctic deep draft port, the Secretary—

(1)shall consult with the Secretary of the department in which the Coast Guard is operating to identify benefits in carrying out the missions specified in section 468 of title 6 associated with an Arctic deep draft port;

(2)shall consult with the Secretary of Defense to identify national security benefits associated with an Arctic deep draft port; and

(3)may consider such benefits in determining whether an Arctic deep draft port is feasible.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Amendments

2016—Subsecs. (a), (b). Pub. L. 114–322, § 1202(c)(1), inserted “and a Native village, Regional Corporation, or Village Corporation (as those terms are defined in section 1602 of title 43” after “title 25)” and made technical amendment to reference in original act which appears in text as reference to section 5304 of title 25. Subsec. (d). Pub. L. 114–322, § 1202(c)(2), substituted “the Secretary of the department in which the Coast Guard is operating” for “the Secretary of Homeland Security”. Subsec. (e). Pub. L. 114–322, § 1202(c)(3), added subsec. (e).

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section 2201 of this title.

§2243 Arctic Deep Draft Port Development Partnerships