§ 2242. Remote and subsistence 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. 2007

   Water Resources Development Act of 2007

   Pub. L. 110–114 title II § 2006 · 121 Stat. 1041

   Enacted · 33 U.S.C. § 2242

   Pub. L. 110–114, title II, § 2006, Nov. 8, 2007, 121 Stat. 1073

   Source evidence

   Code source credit
   Pub. L. 110–114, title II, § 2006, Nov. 8, 2007, 121 Stat. 1073

   Enacted provision · exact public law section
   SEC. 2006. 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— (1) (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 (B) the project would be located in the State of Hawaii, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, or American Samoa; (2) the harbor is economically critical such that over 80 percent of the goods transported through the harbor would be consumed within the community served by the harbor and navigation improvement; and (3) the long-term viability of the community would be threatened without the harbor and navigation improvement. (b) Justification.— 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; (2) access to natural resources for subsistence purposes; (3) local and regional economic opportunities; (4) welfare of the local population; and (5) social and cultural value to the community.

2. 2014

   Water Resources Reform and Development Act of 2014

   Pub. L. 113–121 § 2104(1)(A) · 128 Stat. 1193

   Inserted · 33 U.S.C. § 2242(a)(1)(B)

   Pub. L. 113–121, § 2104(1)(A), inserted “or Alaska” after “Hawaii”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(B). Pub. L. 113–121, § 2104(1)(A), inserted “or Alaska” after “Hawaii”.

   Enacted provision · exact public law section
   (A) in paragraph (1)(B) by inserting “or Alaska” after “Hawaii”; and

3. 2014

   Water Resources Reform and Development Act of 2014

   Pub. L. 113–121 § 2104(1)(B) · 128 Stat. 1193

   1. Substituted · 33 U.S.C. § 2242(a)(2)

      Pub. L. 113–121, § 2104(1)(B), substituted “region” for “community”

   2. Inserted · 33 U.S.C. § 2242(a)(2)

      Pub. L. 113–121, § 2104(1)(B), inserted “, as determined by the Secretary, including consideration of information provided by the non-Federal interest” after “improvement”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (B) in paragraph (2)— (i) by striking “community” and inserting “region”; and (ii) by inserting “, as determined by the Secretary, including consideration of information provided by the non-Federal interest” after “improvement”; and

4. 2014

   Water Resources Reform and Development Act of 2014

   Pub. L. 113–121 § 2104(2) · 128 Stat. 1193

   Added · 33 U.S.C. § 2242(c)(e)

   Pub. L. 113–121, § 2104(2), added subsecs. (c) to (e)

   Source evidence

   Code amendment note
   Subsecs. (c) to (e). Pub. L. 113–121, § 2104(2), added subsecs. (c) to (e).

   Enacted provision · exact public law section
   (2) by adding at the end the following: “(c) Prioritization.— 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. “(d) Disposition.— “(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 107 of the River and Harbor Act of 1960 (33 U.S.C. 577). “(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 7001.” .

5. 2016

   Water Resources Development Act of 2016

   Pub. L. 114–322 § 1105(1) · 130 Stat. 1628

   Inserted · 33 U.S.C. § 2242(a)(3)

   Pub. L. 114–322, § 1105(1), inserted “in which the project is located, or the long-term viability of a community that is located in the region that is served by the project and that will rely on the project,” after “the community”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 114–322, § 1105(1), inserted “in which the project is located, or the long-term viability of a community that is located in the region that is served by the project and that will rely on the project,” after “the community”.

   Enacted provision · exact public law section
   (1) in subsection (a)(3) by inserting “in which the project is located, or the long-term viability of a community that is located in the region that is served by the project and that will rely on the project,” after “community”; and

6. 2016

   Water Resources Development Act of 2016

   Pub. L. 114–322 § 1105(2)(A) · 130 Stat. 1628

   Inserted · 33 U.S.C. § 2242(b)(1)

   Pub. L. 114–322, § 1105(2)(A), inserted “and communities that are located in the region to be served by the project and that will rely on the project” after “local community”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 114–322, § 1105(2)(A), inserted “and communities that are located in the region to be served by the project and that will rely on the project” after “local community”.

   Enacted provision · exact public law section
   (A) in paragraph (1) by inserting “and communities that are located in the region to be served by the project and that will rely on the project” after “community”;

7. 2016

   Water Resources Development Act of 2016

   Pub. L. 114–322 § 1105(2)(B) · 130 Stat. 1628

   Substituted · 33 U.S.C. § 2242(b)(4)

   Pub. L. 114–322, § 1105(2)(B), substituted “regional population to be served by the project” for “local population”

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 114–322, § 1105(2)(B), substituted “regional population to be served by the project” for “local population”.

   Enacted provision · exact public law section
   (B) in paragraph (4) by striking “local population” and inserting “regional population to be served by the project”; and

8. 2016

   Water Resources Development Act of 2016

   Pub. L. 114–322 § 1105(2)(C) · 130 Stat. 1628

   Substituted · 33 U.S.C. § 2242(b)(5)

   Pub. L. 114–322, § 1105(2)(C), substituted “local community and communities that are located in the region to be served by the project and that will rely on the project” for “community”

   Source evidence

   Code amendment note
   Subsec. (b)(5). Pub. L. 114–322, § 1105(2)(C), substituted “local community and communities that are located in the region to be served by the project and that will rely on the project” for “community”.

   Enacted provision · exact public law section
   (C) in paragraph (5) by striking “community” and inserting “local community and communities that are located in the region to be served by the project and that will rely on the project”.

9. 2025

   Pub. L. 118–272 § 1147(1) · 138 Stat. 3038

   1. Added · 33 U.S.C. § 2242(a)(1)

      Pub. L. 118–272, § 1147(1), added par. (1)

   2. Struck · 33 U.S.C. § 2242(a)(1)

      Pub. L. 118–272, § 1147(1), struck out former par. (1) which read as follows:

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

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 118–272, § 1147(1), added par. (1) and struck out former par. (1) which read as follows:

   “(1)(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 “(B) the project would be located in the State of Hawaii or Alaska, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, or American Samoa;”.

10. 2025

    Pub. L. 118–272 § 1147(1) · 138 Stat. 3038

    1. Added · 33 U.S.C. § 2242(a)(2)

       Pub. L. 118–272, § 1147(1), added par. (2)

    2. Struck · 33 U.S.C. § 2242(a)(2)

       Pub. L. 118–272, § 1147(1), struck out former par. (2) which read as follows: “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”

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

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 118–272, § 1147(1), added par. (2) and struck out former par. (2) which read as follows: “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”.

11. 2025

    Pub. L. 118–272 § 1147(1) · 138 Stat. 3038

    Struck · 33 U.S.C. § 2242(a)(3)

    Pub. L. 118–272, § 1147(1), struck out par. (3) which read as follows: “the long-term viability of the community in which the project is located, or the long-term viability of a community that is located in the region that is served by the project and that will rely on the project, would be threatened without the harbor and navigation improvement.”

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

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 118–272, § 1147(1), struck out par. (3) which read as follows: “the long-term viability of the community in which the project is located, or the long-term viability of a community that is located in the region that is served by the project and that will rely on the project, would be threatened without the harbor and navigation improvement.”

12. 2025

    Pub. L. 118–272 § 1147(2)(A) · 138 Stat. 3038

    Substituted · 33 U.S.C. § 2242(b)

    Pub. L. 118–272, § 1147(2)(A), in introductory provisions, substituted “benefits of the project to any of” for “benefits of the project to”

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

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 118–272, § 1147(2)(A), in introductory provisions, substituted “benefits of the project to any of” for “benefits of the project to”.

13. 2025

    Pub. L. 118–272 § 1147(2)(B) · 138 Stat. 3038

    Substituted · 33 U.S.C. § 2242(b)(4)

    Pub. L. 118–272, § 1147(2)(B), substituted “; or” for “; and”

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

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 118–272, § 1147(2)(B), substituted “; or” for “; and”.

9 of 16 references resolved to an enrolled provision · 7 unresolved