§2326e Non-federal Interest Dredging Authority

Summary

The Secretary may allow a non-Federal interest (for example, a state, local, or other non-Federal party) to do needed maintenance work on an authorized navigation project so the project stays at least at its minimum size and depth. If money is available, the Secretary can repay the non-Federal interest for those costs, but not more than the Federal government’s estimated cost for doing the same work, and only if the non-Federal interest follows the Federal laws and rules that would apply if the Army Corps did the work. Before any work starts, the non-Federal interest must sign an agreement with the Secretary that says what will be done and the terms both accept. The non-Federal interest must provide equipment for free and protect the United States from damage caused by that equipment, except when a Federal contractor is at fault. Reimbursable costs are limited to dredge operation and maintenance costs, and the payment is the smaller of (a) the dredge costs tied to the time it worked for the Federal Government in a fiscal year, or (b) the actual Federal funds available that year for that work. The Secretary may audit projects not earlier than 5 years after December 16, 2016, to see if this approach improved safety and saved money. The Secretary’s authority to allow and reimburse such work ends 10 years after December 16, 2016.