33 USC 2242 - Remote and subsistence harbors

U.S Code last checked for updates: May 03, 2024

§ 2242.

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 or Alaska, 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 region served by the harbor and navigation improvement, as determined by the Secretary, including consideration of information provided by the non-Federal interest; and

(3)

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.

(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 and communities that are located in the region to be served by the project and that will rely on the project, 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 regional population to be served by the project; and

(5)

social and cultural value to the local community and communities that are located in the region to be served by the project and that will rely on the project.

(c)

Prioritization

(d)

Disposition

(1)

In general

(2)

Non-Federal interests

(e)

Annual report

(Pub. L. 110–114, title II, § 2006, Nov. 8, 2007, 121 Stat. 1073; Pub. L. 113–121, title II, § 2104, June 10, 2014, 128 Stat. 1279; Pub. L. 114–322, title I, § 1105, Dec. 16, 2016, 130 Stat. 1633.)

cite as: 33 USC 2242