§ 2211. Harbors

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1986

   Pub. L. 99–662 title I § 101 · 100 Stat. 4082

   Enacted · 33 U.S.C. § 2211

   Pub. L. 99–662, title I, § 101, Nov. 17, 1986, 100 Stat. 4082

   Source evidence

   Code source credit
   Pub. L. 99–662, title I, § 101, Nov. 17, 1986, 100 Stat. 4082

   Enacted provision · exact public law section
   SEC. 101. HARBORS. (a) Construction.— (1) Contracts. Payments during construction.— The non-Federal interests for a navigation project for a harbor or inland harbor, or any separable element thereof, on which a contract for physical construction has not been awarded before the date of enactment of this Act shall pay, during the period of construction of the project, the following costs associated with general navigation features: (A) 10 percent of the cost of construction of the portion of the project which has a depth not in excess of 20 feet; plus (B) 25 percent of the cost of construction of the portion of the project which has a depth in excess of 20 feet but not in excess of 45 feet; plus (C) 50 percent of the cost of construction of the portion of the project which has a depth in excess of 45 feet. (2) Additional io percent payment over 30 years.— The non-Federal interests for a project to which paragraph (1) applies shall pay an additional 10 percent of the cost of the general navigation features of the project in cash over a period not to exceed 30 years, at an interest rate determined pursuant to section 106. The value of lands, easements, rights-of-way, relocations, and dredged material disposal areas provided under paragraph (3) shall be credited toward the payment required under this paragraph. (3) Lands, easements, and rights-of-way.— The non-Federal interests for a project to which paragraph (1) applies shall provide the lands, easements, rights-of-way, relocations (other than utility relocations under paragraph (4)), and dredged material disposal areas necessary for the project. (4) Utility relocations.— The non-Federal interests for a project to which paragraph (1) applies shall perform or assure the performance of all relocations of utilities necessary to carry out the project, except that in the case of a project for a deep-draft harbor and in the case of a project constructed by non-Federal interests under section 204, one-half of the cost of each such relocation shall be borne by the owner of the facility being relocated and one-half of the cost of each such relocation shall be borne by the non-Federal interests. (b) Operation and Maintenance.— The Federal share of the cost of operation and maintenance of each navigation project for a harbor or inland harbor constructed pursuant to this Act shall be 100 percent, except that in the case of a deep-draft harbor, the non-Federal interests shall be responsible for an amount equal to 50 percent of the excess of the cost of the operation and maintenance of such project over the cost which the Secretary determines would be incurred for operation and maintenance of such project if such project had a depth of 45 feet. (c) Erosion or Shoaling Attributable to Federal Navigation Works.— Costs of constructing projects or measures for the prevention or mitigation of erosion or shoaling damages attributable to Federal navigation works shall be shared in the same proportion as the cost sharing provisions applicable to the project causing such erosion or shoaling. The non-Federal interests for the project causing the erosion or shoaling shall agree to operate and maintain such measures. (d) Non-Federal Payments During Construction.— The amount of any non-Federal share of the cost of any navigation project for a harbor or inland harbor shall be paid to the Secretary. Amounts required to be paid during construction shall be paid on an annual basis during the period of construction, beginning not later than one year after construction is initiated. (e) Agreement.— Before initiation of construction of a project to Contracts. which this section applies, the Secretary and the non-Federal interests shall enter into a cooperative agreement according to the provisions of section 221 of the Flood Control Act of 1970. The non-Federal 42 USC 1962d–5b. interests shall agree to— (1) provide to the Federal Government lands, easements, and rights-of-way, and to provide dredged material disposal areas and perform the necessary relocations required for construction, operation, and maintenance of such project; (2) hold and save the United States free from damages due to the construction or operation and maintenance of the project, except for damages due to the fault or negligence of the United States or its contractors; (3) provide to the Federal Government the non-Federal share of all other costs of construction of such project; and (4) in the case of a deep-draft harbor, be responsible for the non-Federal share of operation and maintenance required by subsection (b) of this section.

2. 1988

   Water Resources Development Act of 1988

   Pub. L. 100–676 § 13(a) · 102 Stat. 4012

   1. Added · 33 U.S.C. § 2211(a)(2)

      Pub. L. 100–676 added par. (2)

   2. Struck · 33 U.S.C. § 2211(a)(2)

      Pub. L. 100–676 struck out former par. (2) which read as follows: “The non-Federal interests for a project to which paragraph (1) applies shall pay an additional 10 percent of the cost of the general navigation features of the project in cash over a period not to exceed 30 years, at an interest rate determined pursuant to section 2216 of this title. The value of lands, easements, rights-of-way, relocations, and dredged material disposal areas provided under paragraph (3) shall be credited toward the payment required under this paragraph.”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 100–676 added par. (2) and struck out former par. (2) which read as follows: “The non-Federal interests for a project to which paragraph (1) applies shall pay an additional 10 percent of the cost of the general navigation features of the project in cash over a period not to exceed 30 years, at an interest rate determined pursuant to section 2216 of this title. The value of lands, easements, rights-of-way, relocations, and dredged material disposal areas provided under paragraph (3) shall be credited toward the payment required under this paragraph.”

   Enacted provision · exact public law section
   (a) Relocation Costs.— Section 101(a) of the Water Resources Development Act of 1986 (33 U.S.C. 2211(a)) is amended by striking out paragraph (2) and inserting in lieu thereof the following new paragraph: “(2) Additional 10 percent payment over 30 years.— The non-Federal interests for a project to which paragraph (1) applies shall pay an additional 10 percent of the cost of the general navigation features of the project in cash over a period not to exceed 30 years, at an interest rate determined pursuant to section 106. The value of lands, easements, rights-of-way, relocations, and dredged material disposal areas provided under paragraph (3) and the costs of relocations borne by the non-Federal interests under paragraph (4) shall be credited toward the payment required under this paragraph.”.

   Effective date note
   Pub. L. 100–676, § 13(b), Nov. 17, 1988, 102 Stat. 4026, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on November 17, 1986.”

3. 1992

   Water Resources Development Act of 1992

   Pub. L. 102–580 title III § 333(b)(1) · 106 Stat. 4797

   Substituted · 33 U.S.C. § 2211(a)(3)

   Pub. L. 102–580 substituted “Except as provided under section 906(c), the non-Federal” for “The non-Federal”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 102–580 substituted “Except as provided under section 906(c), the non-Federal” for “The non-Federal”.

   Enacted provision · exact public law section
   (1) Harbors.— Section 101(a)(3) of such Act (33 U.S.C. 2211(a)(3)) is amended by striking “The non-Federal” and inserting “Except as provided under section 906(c), the non-Federal”.

4. 1996

   Water Resources Development Act of 1996

   Pub. L. 104–303 § 201(a)(1) · 110 Stat. 3658

   1. Inserted · 33 U.S.C. § 2211(a)(2)

      Pub. L. 104–303, § 201(a)(1), inserted last sentence

   2. Struck · 33 U.S.C. § 2211(a)(2)

      Pub. L. 104–303, § 201(a)(1), struck out former last sentence which read as follows: “The value of lands, easements, rights-of-way, relocations, and dredged material disposal areas provided under paragraph (3) and the costs of relocations borne by the non-Federal interests under paragraph (4) shall be credited toward the payment required under this paragraph.”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 104–303, § 201(a)(1), inserted last sentence and struck out former last sentence which read as follows: “The value of lands, easements, rights-of-way, relocations, and dredged material disposal areas provided under paragraph (3) and the costs of relocations borne by the non-Federal interests under paragraph (4) shall be credited toward the payment required under this paragraph.”

   Enacted provision · exact public law section
   (1) in paragraph (2) by striking the last sentence and inserting the following: “The value of lands, easements, rights-of-way, and relocations provided under paragraph (3) and the costs of relocations borne by the non-Federal interests under paragraph (4) shall be credited toward the payment required under this paragraph. ”;

5. 1996

   Water Resources Development Act of 1996

   Pub. L. 104–303 § 201(a)(2) · 110 Stat. 3658

   1. Inserted · 33 U.S.C. § 2211(a)(3)

      Pub. L. 104–303, § 201(a)(2), inserted “and” after “rights-of-way,”

   2. Struck · 33 U.S.C. § 2211(a)(3)

      Pub. L. 104–303, § 201(a)(2), struck out “, and dredged material disposal areas” after “relocations under paragraph (4))”

   3. Inserted · 33 U.S.C. § 2211(a)(3)

      Pub. L. 104–303, § 201(a)(2), inserted before period at end “, including any lands, easements, rights-of-way, and relocations (other than utility relocations accomplished under paragraph (4)) that are necessary for dredged material disposal facilities”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 104–303, § 201(a)(2), inserted “and” after “rights-of-way,”, struck out “, and dredged material disposal areas” after “relocations under paragraph (4))”, and inserted before period at end “, including any lands, easements, rights-of-way, and relocations (other than utility relocations accomplished under paragraph (4)) that are necessary for dredged material disposal facilities”.

   Enacted provision · exact public law section
   (2) in paragraph (3)— (A) by inserting “and” after “rights-of-way,”; (B) by striking “, and dredged material disposal areas”; and (C) by inserting “, including any lands, easements, rights-of-way, and relocations (other than utility relocations accomplished under paragraph (4)) that are necessary for dredged material disposal facilities” before the period at the end of such paragraph; and

6. 1996

   Water Resources Development Act of 1996

   Pub. L. 104–303 § 201(a)(3) · 110 Stat. 3658

   Added · 33 U.S.C. § 2211(a)(5)

   Pub. L. 104–303, § 201(a)(3), added par. (5)

   Source evidence

   Code amendment note
   Subsec. (a)(5). Pub. L. 104–303, § 201(a)(3), added par. (5).

   Enacted provision · exact public law section
   (3) by adding at the end the following: “(5) Dredged material disposal facilities for project construction.— In this subsection, the term ‘general navigation features’ includes constructed land-based and aquatic dredged material disposal facilities that are necessary for the disposal of dredged material required for project construction and for which a contract for construction has not been awarded on or before the date of the enactment of this paragraph.”.

7. 1996

   Water Resources Development Act of 1996

   Pub. L. 104–303 § 201(b) · 110 Stat. 3658

   1. Amended · 33 U.S.C. § 2211(b)

      Pub. L. 104–303, § 201(b), designated existing provisions as par. (1)

   2. Inserted · 33 U.S.C. § 2211(b)

      Pub. L. 104–303, § 201(b), inserted heading, realigned margins

   3. Substituted · 33 U.S.C. § 2211(b)

      Pub. L. 104–303, § 201(b), substituted “by the Secretary pursuant to this Act or any other law approved after November 17, 1986” for “pursuant to this Act”

   4. Added · 33 U.S.C. § 2211(b)

      Pub. L. 104–303, § 201(b), added par. (2)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 104–303, § 201(b), designated existing provisions as par. (1), inserted heading, realigned margins, and substituted “by the Secretary pursuant to this Act or any other law approved after November 17, 1986” for “pursuant to this Act”, and added par. (2).

   Enacted provision · exact public law section
   (b) Operation and Maintenance.— Section 101(b) of such Act (33 U.S.C. 2211(b); 100 Stat. 4083) is amended— (1) by inserting “(1) In general.—” before “The Federal”; (2) by indenting and moving paragraph (1) (as designated by paragraph (1) of this subsection) 2 ems to the right; (3) by striking “pursuant to this Act” and inserting “by the Secretary pursuant to this Act or any other law approved after the date of the enactment of this Act”; and (4) by adding at the end the following: “(2) Dredged material disposal facilities.— The Federal share of the cost of constructing land-based and aquatic dredged material disposal facilities that are necessary for the disposal of dredged material required for the operation and maintenance of a project and for which a contract for construction has not been awarded on or before the date of the enactment of this paragraph shall be determined in accordance with subsection (a). The Federal share of operating and maintaining such facilities shall be determined in accordance with paragraph (1).”.

8. 1996

   Water Resources Development Act of 1996

   Pub. L. 104–303 § 201(c) · 110 Stat. 3658

   Substituted · 33 U.S.C. § 2211(e)(1)

   Pub. L. 104–303, § 201(c), substituted “including those necessary for dredged material disposal facilities,” for “and to provide dredged material disposal areas”

   Source evidence

   Code amendment note
   Subsec. (e)(1). Pub. L. 104–303, § 201(c), substituted “including those necessary for dredged material disposal facilities,” for “and to provide dredged material disposal areas”.

   Enacted provision · exact public law section
   (c) Agreement.— Section 101(e)(1) of such Act (33 U.S.C. 2211(e)(1); 100 Stat. 4083) is amended by striking “and to provide dredged material disposal areas and perform” and inserting “including those necessary for dredged material disposal facilities, and perform”.

9. 1996

   Water Resources Development Act of 1996

   Pub. L. 104–303 § 201(d) · 110 Stat. 3658

   Added · 33 U.S.C. § 2211(f)

   Pub. L. 104–303, § 201(d), added subsec. (f)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 104–303, § 201(d), added subsec. (f).

   Enacted provision · exact public law section
   (d) Consideration of Funding Requirements and Equitable Apportionment.— Section 101 of such Act (33 U.S.C. 2211; 100 Stat. 4082–4084) is amended by adding at the end the following: “(f) Consideration of Funding Requirements and Equitable Apportionment.— The Secretary shall ensure, to the extent practicable, that— “(1) funding requirements for operation and maintenance dredging of commercial navigation harbors are considered before Federal funds are obligated for payment of the Federal share of costs associated with the construction of dredged material disposal facilities in accordance with subsections (a) and (b); “(2) funds expended for such construction are apportioned equitably in accordance with regional needs; and “(3) use of a dredged material disposal facility designed, constructed, managed, or operated by a private entity is not precluded if, consistent with economic and environmental considerations, the facility is the least-cost alternative.”.

10. 2014

    Water Resources Reform and Development Act of 2014

    Pub. L. 113–121 title II § 2102(b) · 128 Stat. 1193

    Substituted · 33 U.S.C. § 2211(b)(1)

    Pub. L. 113–121 substituted “50 feet” for “45 feet”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 113–121 substituted “50 feet” for “45 feet”.

    Enacted provision · exact public law section
    (b) Operation and Maintenance.— Section 101(b)(1) of the Water Resources Development Act of 1986 (33 U.S.C. 2211(b)(1)) is amended by striking “45 feet” and inserting “50 feet”.

11. 2016

    Water Resources Development Act of 2016

    Pub. L. 114–322 § 1111(1) · 130 Stat. 1628

    Substituted · 33 U.S.C. § 2211(a)(1)

    Pub. L. 114–322, § 1111(1), substituted “June 10, 2014,” for “November 17, 1986,” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 114–322, § 1111(1), substituted “June 10, 2014,” for “November 17, 1986,” in introductory provisions.

    Enacted provision · exact public law section
    (1) in the matter preceding subparagraph (A) by striking “the date of enactment of this Act” and inserting “the date of enactment of the Water Resources Reform and Development Act of 2014 (Public Law 113–121)”;

12. 2016

    Water Resources Development Act of 2016

    Pub. L. 114–322 § 1111(2) · 130 Stat. 1628

    Substituted · 33 U.S.C. § 2211(a)(1)(B)

    Pub. L. 114–322, § 1111(2), substituted “50 feet” for “45 feet”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(B). Pub. L. 114–322, § 1111(2), substituted “50 feet” for “45 feet”.

    Enacted provision · exact public law section
    (2) in subparagraph (B) by striking “45 feet” and inserting “50 feet”; and

13. 2016

    Water Resources Development Act of 2016

    Pub. L. 114–322 § 1111(3) · 130 Stat. 1628

    Substituted · 33 U.S.C. § 2211(a)(1)(C)

    Pub. L. 114–322, § 1111(3), substituted “50 feet” for “45 feet”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(C). Pub. L. 114–322, § 1111(3), substituted “50 feet” for “45 feet”.

    Enacted provision · exact public law section
    (3) in subparagraph (C) by striking “45 feet” and inserting “50 feet”.

14. 2025

    Pub. L. 118–272 § 1117(a) · 138 Stat. 3012

    Substituted · 33 U.S.C. § 2211(a)(1)(B); 33 U.S.C. § 2211(a)(1)(C)

    Pub. L. 118–272, § 1117(a), substituted “55 feet” for “50 feet”

    Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(1)(B), (C). Pub. L. 118–272, § 1117(a), substituted “55 feet” for “50 feet”.

15. 2025

    Pub. L. 118–272 § 1117(b) · 138 Stat. 3012

    Substituted · 33 U.S.C. § 2211(b)(1)

    Pub. L. 118–272, § 1117(b), substituted “55 feet” for “50 feet”

    Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 118–272, § 1117(b), substituted “55 feet” for “50 feet”.

20 of 22 references resolved to an enrolled provision · 2 unresolved