33 U.S. Code § 2242 - Remote and subsistence harbors
(a) In general
In conducting a study of harbor and navigation improvements, the Secretary may recommend a project without the need to demonstrate that the project is justified solely by national economic development benefits if the Secretary determines that—
(A) the community to be served by the project is at least 70 miles from the nearest surface accessible commercial port and has no direct rail or highway link to another community served by a surface accessible port or harbor; or
(2) the harbor is economically critical such that over 80 percent of the goods transported through the harbor would be consumed within the region served by the harbor and navigation improvement, as determined by the Secretary, including consideration of information provided by the non-Federal interest; and
In considering whether to recommend a project under subsection (a), the Secretary shall consider the benefits of the project to—
(1) public health and safety of the local community, including access to facilities designed to protect public health and safety;
Projects recommended by the Secretary under subsection (a) shall be given equivalent budget consideration and priority as projects recommended solely by national economic development benefits.
(1) In general
The Secretary may carry out any project identified in the study carried out pursuant to subsection (a) in accordance with the criteria for projects carried out under the authority of the Secretary under section 577 of this title.
(2) Non-Federal interests
In evaluating and implementing a project under this section, the Secretary shall allow a non-Federal interest to participate in the financing of a project in accordance with the criteria established for flood control projects under section 903(c) of the Water Resources Development Act of 1986 (Public Law 99–662; 100 Stat. 4184).
(e) Annual report
For a project that cannot be carried out under the authority specified in subsection (d), on a determination by the Secretary of the feasibility of the project under subsection (a), the Secretary may include a recommendation concerning the project in the annual report submitted to Congress under section 2282d of this title.
Source(Pub. L. 110–114, title II, § 2006,Nov. 8, 2007, 121 Stat. 1073; Pub. L. 113–121, title II, § 2104,June 10, 2014, 128 Stat. 1279.)
References in Text
Section 903(c) of the Water Resources Development Act of 1986 (Public Law 99–662; 100 Stat. 4184), referred to in subsec. (d)(2), is not classified to the Code.
Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
2014—Subsec. (a)(1)(B). Pub. L. 113–121, § 2104(1)(A), inserted “or Alaska” after “Hawaii”.
Subsec. (a)(2). Pub. L. 113–121, § 2104(1)(B), substituted “region” for “community” and inserted “, as determined by the Secretary, including consideration of information provided by the non-Federal interest” after “improvement”.
Subsec. (c) to (e). Pub. L. 113–121, § 2104(2), added subsecs. (c) to (e).
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