§ 2212. Inland waterway transportation

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 § 102 · 100 Stat. 4082

   Enacted · 33 U.S.C. § 2212

   Pub. L. 99–662, title I, § 102, Nov. 17, 1986, 100 Stat. 4084

   Source evidence

   Code source credit
   Pub. L. 99–662, title I, § 102, Nov. 17, 1986, 100 Stat. 4084

   Enacted provision · exact public law section
   SEC. 102. INLAND WATERWAY TRANSPORTATION. (a) Construction.— One-half of the costs of construction— (1) of each project authorized by title III of this Act, (2) of the project authorized by section 1103(j) of this Act, 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. One-half 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) Authorizations From General Fund.— Any Federal responsibility— (1) with respect to a project authorized by title HI or section 1103(j), or (2) with respect to the portion cf 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.

2. 2014

   Water Resources Reform and Development Act of 2014

   Pub. L. 113–121 title II § 2013 · 128 Stat. 1193

   1. Added · 33 U.S.C. § 2212(c); 33 U.S.C. § 2212(d)

      Pub. L. 113–121 added subsec. (c)

   2. Redesignated · 33 U.S.C. § 2212(c); 33 U.S.C. § 2212(d)

      Pub. L. 113–121 redesignated former subsec. (c) as (d)

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 113–121 added subsec. (c) and redesignated former subsec. (c) as (d).

   Enacted provision · exact public law section
   SEC. 2013. OPERATION AND MAINTENANCE OF FUEL TAXED INLAND WATERWAYS.   Section 102 of the Water Resources Development Act of 1986 (33 U.S.C. 2212) is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: “(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 the date of enactment of the Water Resources Reform and Development Act of 2014 as a feature of an authorized hurricane and storm damage reduction project; and “(B) crosses an inland or intracoastal waterway described in section 206 of the Inland Waterways Revenue Act of 1978 (33 U.S.C. 1804). “(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.” .

3. 2022

   Water Resources Development Act of 2022

   Pub. L. 117–263 div. H title LXXXI § 8157(a) · 136 Stat. 2395

   1. Substituted · 33 U.S.C. § 2212(a)

      Pub. L. 117–263 substituted “65 percent of the costs” for “One-half of the costs” in concluding provisions

   2. Substituted · 33 U.S.C. § 2212(a)

      Pub. L. 117–263 substituted “35 percent of such costs” for “One-half of such costs” in concluding provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 117–263 substituted “65 percent of the costs” for “One-half of the costs” in introductory provisions and “35 percent of such costs” for “One-half of such costs” in concluding provisions.

   Enacted provision · exact public law section
   (a) In General.— Section 102(a) of the Water Resources Development Act of 1986 (33 U.S.C. 2212(a)) is amended— (1) in the matter preceding paragraph (1), by striking “One-half of the costs” and inserting “65 percent of the costs”; and (2) in the undesignated matter following paragraph (3), in the second sentence, by striking “One-half of such costs” and inserting “35 percent of such costs”.

4. 2025

   Pub. L. 118–272 div. A title I § 1126(a) · 138 Stat. 3018

   1. Substituted · 33 U.S.C. § 2212(a)

      Pub. L. 118–272 substituted “75 percent of the costs” for “65 percent of the costs” in concluding provisions

   2. Substituted · 33 U.S.C. § 2212(a)

      Pub. L. 118–272 substituted “25 percent of such costs” for “35 percent of such costs” in concluding provisions

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

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 118–272 substituted “75 percent of the costs” for “65 percent of the costs” in introductory provisions and “25 percent of such costs” for “35 percent of such costs” in concluding provisions.

   Effective date note
   Pub. L. 118–272, div. A, title I, § 1126(b), Jan. 4, 2025, 138 Stat. 3018, provided that: “The amendments made by subsection (a) [amending this section] shall apply beginning on October 1, 2024, to any construction of a project for navigation on the inland waterways that is new or ongoing on or after that date.”

5 of 7 references resolved to an enrolled provision · 2 unresolved