§ 2211.
(a)
Construction
(1)
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 June 10, 2014, 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 50 feet; plus
(C)
50 percent of the cost of construction of the portion of the project which has a depth in excess of 50 feet.
(2)
Additional 10 percent payment over 30 years
(3)
Lands, easements, and rights-of-way
(5)
Dredged material disposal facilities for project construction
(e)
Agreement
Before initiation of construction of a project to which this section applies, the Secretary and the non-Federal interests shall enter into a cooperative agreement according to the provisions of
section 1962d–5b of title 42. The non-Federal interests shall agree to—
(1)
provide to the Federal Government lands, easements, and rights-of-way, including those necessary for dredged material disposal facilities, 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.
(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.
([Pub. L. 99–662, title I, § 101], Nov. 17, 1986, [100 Stat. 4082]; [Pub. L. 100–676, § 13(a)], Nov. 17, 1988, [102 Stat. 4025]; [Pub. L. 102–580, title III, § 333(b)(1)], Oct. 31, 1992, [106 Stat. 4852]; [Pub. L. 104–303, title II, § 201(a)]–(d), Oct. 12, 1996, [110 Stat. 3671], 3672; [Pub. L. 113–121, title II, § 2102(b)], June 10, 2014, [128 Stat. 1278]; [Pub. L. 114–322, title I, § 1111], Dec. 16, 2016, [130 Stat. 1636].)