§ 2212. Inland waterway transportation

1,146 words·~5 min read·/usc/title-33/section-2212

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(a)Construction 75 percent of the costs of construction—

(1)of each project authorized by title III of this Act,

(2)of the project authorized by section 652(j) of this title, and

(3)allocated to inland navigation for the project authorized by section 844 of this Act,

shall be paid only from amounts appropriated from the general fund of the Treasury. 25 percent of such costs shall be paid only from amounts appropriated from the Inland Waterways Trust Fund. For purposes of this subsection, the term “construction” shall include planning, designing, engineering, surveying, the acquisition of all lands, easements, and rights-of-way necessary for the project, including lands for disposal of dredged material, and relocations necessary for the project.

(b)Operation and maintenance The Federal share of the cost of operation and maintenance of any project for navigation on the inland waterways is 100 percent.

(c)Floodgates on the Inland Waterways

(1)Operation and maintenance carried out by the Secretary Notwithstanding any other provision of law, the Secretary shall be responsible for the operation and maintenance, including repair, of any flood gate, as well as any pumping station constructed within the channel as a single unit with that flood gate, that—

(A)was constructed as of June 10, 2014, as a feature of an authorized hurricane and storm damage reduction project; and

(B)crosses an inland or intracoastal waterway described in section 1804 of this title.

(2)Non-Federal cost share The non-Federal share of the cost of operation, maintenance, repair, rehabilitation, and replacement of any structure under this subsection shall be 35 percent.

(d)Authorizations from general fund Any Federal responsibility—

(1)with respect to a project authorized by title III or section 652(j) of this title, or

(2)with respect to the portion of the project authorized by section 844 allocated to inland navigation,

which responsibility is not provided for in subsection

(a)of this section shall be paid only from amounts appropriated from the general fund of the Treasury.

(Pub. L. 99–662, title I, § 102, Nov. 17, 1986, 100 Stat. 4084; Pub. L. 113–121, title II, § 2013, June 10, 2014, 128 Stat. 1271; Pub. L. 117–263, div. H, title LXXXI, § 8157(a), Dec. 23, 2022, 136 Stat. 3738; Pub. L. 118–272, div. A, title I, § 1126(a), Jan. 4, 2025, 138 Stat. 3018.)

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