Sec. 116. Underserved community harbor projects
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In this section: The term project means a single cycle of dredging of an underserved community harbor and the associated placement of dredged material at a beneficial use placement site or disposal site. The term underserved community harbor means an emerging harbor (as defined in section 210(f) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238(f) )) for which— no Federal funds have been obligated for maintenance dredging in the current fiscal year or in any of the 4 preceding fiscal years; and State and local investments in infrastructure have been made during the preceding 4 fiscal years.
The Secretary may carry out projects to dredge underserved community harbors for purposes of sustaining water-dependent commercial and recreational activities at such harbors. The Secretary may carry out a project under this section if the Secretary determines that the cost of the project is reasonable in relation to the sum of— the local or regional economic benefits; and the environmental benefits, including the benefits to the aquatic environment to be derived from the creation of wetland and control of shoreline erosion; or other social effects, including protection against loss of life and contributions to local or regional cultural heritage.
The non-Federal share of the cost of a project carried out under this section shall be determined in accordance with— subsection (a), (b), (c), or (d), as applicable, of section 103 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213 ), for any portion of the cost of the project allocated to flood or coastal storm risk management, ecosystem restoration, or recreation; and section 101(b)(1) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2211(b)(1) ), for the portion of the cost of the project other than a portion described in paragraph (1).
The Secretary shall not require the non-Federal interest for a project carried out under this section to perform additional operation and maintenance activities at the beneficial use placement site or the disposal site for such project. The Federal share of the cost of a project under this section shall not exceed $10,000,000. There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2023 through 2026. Not less than 35 percent of the amounts made available to carry out this section for each fiscal year shall be used for projects that include the beneficial use of dredged material.
Carrying out a project under this section shall not affect the eligibility of an underserved community harbor for Federal operation and maintenance funding otherwise authorized for the underserved community harbor.
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