33 USC 2326e - Non-Federal interest dredging authority

U.S Code last checked for updates: Nov 22, 2024

§ 2326e.

Non-Federal interest dredging authority

(a)

In general

(b)

Cost limitations

(c)

Agreement

(d)

Provision of equipment

In carrying out maintenance activities under this section, a non-Federal interest shall—

(1)

provide equipment at no cost to the Federal Government; and

(2)

hold and save the United States free from any and all damage that arises from the use of the equipment of the non-Federal interest, except for damage due to the fault or negligence of a contractor of the Federal Government.

(e)

Reimbursement eligibility limitations

Costs that are eligible for reimbursement under this section are the costs of maintenance activities directly related to the costs associated with operation and maintenance of a dredge based on the lesser of—

(1)

the costs associated with operation and maintenance of the dredge during the period of time that the dredge is being used in the performance of work for the Federal Government during a given fiscal year; or

(2)

the actual fiscal year Federal appropriations that are made available for the portion of the maintenance activities for which the dredge was used.

(f)

Audit

Not earlier than 5 years after December 16, 2016, the Secretary may conduct an audit on any maintenance activities for an authorized navigation project (or a separable element of an authorized navigation project) carried out under this section to determine if permitting a non-Federal interest to carry out maintenance activities under this section has resulted in—

(1)

improved reliability and safety for navigation; and

(2)

cost savings to the Federal Government.

(g)

Termination of authority

(Pub. L. 114–322, title I, § 1113, Dec. 16, 2016, 130 Stat. 1637.)

cite as: 33 USC 2326e