Title 33, Navigation and Navigable WatersRelease 119-110

§2326e Non-federal Interest Dredging Authority

Title 33 › CHAPTER 36 — WATER RESOURCES DEVELOPMENT › SUBCHAPTER V — GENERAL PROVISIONS › § 2326e

Last updated Sep 22, 2026|Official source

Summary

The Secretary can allow a non‑Federal group to do maintenance work on an authorized navigation project (or a part of one) so the project stays at or above its required minimum size. The non‑Federal group must sign an agreement with the Secretary before starting. The group must give any equipment free to the Federal Government and must protect the United States from damage caused by that equipment, unless the damage is the fault of a Federal contractor. Reimbursement is available only if Congress provides money and cannot be more than the estimated Federal cost to do the work. Reimbursable dredge costs are limited to the lesser of: costs while the dredge works for the Federal Government in a fiscal year, or the actual Federal appropriations for that dredge use that year. The Secretary may audit projects starting 5 years after December 16, 2016, and the authority ends 10 years after December 16, 2016.

Full Legal Text

Title 33, §2326e

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)In general
The Secretary may permit a non-Federal interest to carry out, for an authorized navigation project (or a separable element of an authorized navigation project), such maintenance activities as are necessary to ensure that the project is maintained to not less than the minimum project dimensions.
(b)Cost limitations
Except as provided in this section and subject to the availability of appropriations, the costs incurred by a non-Federal interest in performing the maintenance activities described in subsection (a) shall be eligible for reimbursement, not to exceed an amount that is equal to the estimated Federal cost for the performance of the maintenance activities, with any reimbursement subject to the non-Federal interest complying with all Federal laws and regulations that would apply to such maintenance activities if carried out by the Secretary.
(c)Agreement
Before initiating maintenance activities under this section, a non-Federal interest shall enter into an agreement with the Secretary that specifies, for the performance of the maintenance activities, the terms and conditions that are acceptable to the non-Federal interest and the Secretary.
(d)Provision of equipment
In carrying out maintenance activities under this section, a non-Federal interest shall—
(1)provide equipment at no cost to the Federal Government; and
(2)hold and save the United States free from any and all damage that arises from the use of the equipment of the non-Federal interest, except for damage due to the fault or negligence of a contractor of the Federal Government.
(e)Reimbursement eligibility limitations
Costs that are eligible for reimbursement under this section are the costs of maintenance activities directly related to the costs associated with operation and maintenance of a dredge based on the lesser of— (1)
(2)the actual fiscal year Federal appropriations that are made available for the portion of the maintenance activities for which the dredge was used.
(f)Audit
Not earlier than 5 years after December 16, 2016, the Secretary may conduct an audit on any maintenance activities for an authorized navigation project (or a separable element of an authorized navigation project) carried out under this section to determine if permitting a non-Federal interest to carry out maintenance activities under this section has resulted in— (1)
(2)cost savings to the Federal Government.
(g)Termination of authority
The authority of the Secretary under this section terminates on the date that is 10 years after December 16, 2016.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Water Resources Development Act of 2016, and also as part of the Water Infrastructure Improvements for the Nation Act, also known as the WIIN Act, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 1002 of Pub. L. 114–322, set out as a note under section 2201 of this title.

Reference

Citations & Metadata

Citation

33 U.S.C. § 2326e

Title 33, Navigation and Navigable Waters

Last Updated

Sep 22, 2026

Release point: 119-110