FEDERAL · 33 U.S.C. · Chapter SUBCHAPTER I—COST SHARING
Inland waterway transportation
33 U.S.C. § 2212
Title33 — Navigation and Navigable Waters
ChapterSUBCHAPTER I—COST SHARING
This text of 33 U.S.C. § 2212 (Inland waterway transportation) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
33 U.S.C. § 2212.
Text
(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
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Related
Louisiana State v. United States Army Corps of Engineers
834 F.3d 574 (Fifth Circuit, 2016)
Source Credit
History
(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.)
Editorial Notes
Editorial Notes
References in Text
Title III of this Act, referred to in subsecs. (a)(1) and (d)(1), is title III of Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4109, consisting of sections 301 and 302. The projects authorized by title III probably mean the projects authorized by section 301 of Pub. L. 99–662, which is not classified to the Code. Section 302 of Pub. L. 99–662, which established the Inland Waterways Users Board, is classified to section 2251 of this title.
Section 844 of this Act, referred to in subsecs. (a)(3) and (d)(2), is section 844 of Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4177, which is not classified to the Code.
Amendments
2025—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.
2022—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.
2014—Subsecs. (c), (d). Pub. L. 113–121 added subsec. (c) and redesignated former subsec. (c) as (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2025 Amendment
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."
Effective Date of 2022 Amendment
Pub. L. 117–263, div. H, title LXXXI, §8157(b), Dec. 23, 2022, 136 Stat. 3738, provided that: "The amendments made by subsection (a) [amending this section] shall apply beginning on October 1, 2022, to any construction of a project for navigation on the inland waterways that is new or ongoing on or after that date."
Inland Waterway Projects
Pub. L. 116–260, div. AA, title I, §109, Dec. 27, 2020, 134 Stat. 2624, as amended by Pub. L. 117–263, div. H, title LXXXI, §8157(c), Dec. 23, 2022, 136 Stat. 3738, provided that: "Notwithstanding section 102 of the Water Resources Development Act of 1986 (33 U.S.C. 2212), for a project for navigation on the inland waterways receiving a construction appropriation during any of fiscal years 2021 through 2022, 35 percent of the costs of construction of the project shall be paid from amounts appropriated from the Inland Waterways Trust Fund until such construction of the project is complete."
Acceptance of Contributed Funds To Increase Lock Operations
Pub. L. 113–121, title I, §1017, June 10, 2014, 128 Stat. 1223, as amended by Pub. L. 115–270, title I, §1135, Oct. 23, 2018, 132 Stat. 3783, provided that:
"(a) In General.—The Secretary [of the Army], after providing public notice, shall establish a pilot program for the acceptance and expenditure of funds contributed by non-Federal interests to increase the hours of operation of locks at water resources development projects.
"(b) Applicability.—The establishment of the pilot program under this section shall not affect the periodic review and adjustment of hours of operation of locks based on increases in commercial traffic carried out by the Secretary.
"(c) Public Comment.—Not later than 180 days before a proposed modification to the operation of a lock at a water resources development project will be carried out, the Secretary shall—
"(1) publish the proposed modification in the Federal Register; and
"(2) accept public comment on the proposed modification.
"(d) Reports.—
"(1) In general.—Not later than 1 year after the date of enactment of this Act [June 10, 2014], the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report that evaluates the cost-savings resulting from reduced lock hours and any economic impacts of modifying lock operations.
"(2) Review of pilot program.—Not later than September 30, 2017, and each year thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the effectiveness of the pilot program under this section.
"(e) Annual Review.—The Secretary shall carry out an annual review of the commercial use of locks and make any necessary adjustments to lock operations based on that review.
"(f) Termination.—The authority to accept funds under this section shall terminate 10 years after the date of enactment of this Act."
References in Text
Title III of this Act, referred to in subsecs. (a)(1) and (d)(1), is title III of Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4109, consisting of sections 301 and 302. The projects authorized by title III probably mean the projects authorized by section 301 of Pub. L. 99–662, which is not classified to the Code. Section 302 of Pub. L. 99–662, which established the Inland Waterways Users Board, is classified to section 2251 of this title.
Section 844 of this Act, referred to in subsecs. (a)(3) and (d)(2), is section 844 of Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4177, which is not classified to the Code.
Amendments
2025—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.
2022—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.
2014—Subsecs. (c), (d). Pub. L. 113–121 added subsec. (c) and redesignated former subsec. (c) as (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2025 Amendment
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."
Effective Date of 2022 Amendment
Pub. L. 117–263, div. H, title LXXXI, §8157(b), Dec. 23, 2022, 136 Stat. 3738, provided that: "The amendments made by subsection (a) [amending this section] shall apply beginning on October 1, 2022, to any construction of a project for navigation on the inland waterways that is new or ongoing on or after that date."
Inland Waterway Projects
Pub. L. 116–260, div. AA, title I, §109, Dec. 27, 2020, 134 Stat. 2624, as amended by Pub. L. 117–263, div. H, title LXXXI, §8157(c), Dec. 23, 2022, 136 Stat. 3738, provided that: "Notwithstanding section 102 of the Water Resources Development Act of 1986 (33 U.S.C. 2212), for a project for navigation on the inland waterways receiving a construction appropriation during any of fiscal years 2021 through 2022, 35 percent of the costs of construction of the project shall be paid from amounts appropriated from the Inland Waterways Trust Fund until such construction of the project is complete."
Acceptance of Contributed Funds To Increase Lock Operations
Pub. L. 113–121, title I, §1017, June 10, 2014, 128 Stat. 1223, as amended by Pub. L. 115–270, title I, §1135, Oct. 23, 2018, 132 Stat. 3783, provided that:
"(a) In General.—The Secretary [of the Army], after providing public notice, shall establish a pilot program for the acceptance and expenditure of funds contributed by non-Federal interests to increase the hours of operation of locks at water resources development projects.
"(b) Applicability.—The establishment of the pilot program under this section shall not affect the periodic review and adjustment of hours of operation of locks based on increases in commercial traffic carried out by the Secretary.
"(c) Public Comment.—Not later than 180 days before a proposed modification to the operation of a lock at a water resources development project will be carried out, the Secretary shall—
"(1) publish the proposed modification in the Federal Register; and
"(2) accept public comment on the proposed modification.
"(d) Reports.—
"(1) In general.—Not later than 1 year after the date of enactment of this Act [June 10, 2014], the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report that evaluates the cost-savings resulting from reduced lock hours and any economic impacts of modifying lock operations.
"(2) Review of pilot program.—Not later than September 30, 2017, and each year thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the effectiveness of the pilot program under this section.
"(e) Annual Review.—The Secretary shall carry out an annual review of the commercial use of locks and make any necessary adjustments to lock operations based on that review.
"(f) Termination.—The authority to accept funds under this section shall terminate 10 years after the date of enactment of this Act."
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Bluebook (online)
33 U.S.C. § 2212, Counsel Stack Legal Research, https://law.counselstack.com/usc/33/2212.