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H.R. 9497IntroducedHouseSenate · nowPresidentLawIn the Senate
Sec. 208 · H.R. 9497

Assessment of emerging harbor maintenance backlog

Title II — Studies and Reports

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Committee version → Passed the House · Sec. 208

(a) Assessment Not later than 1 year after the date of enactment of this Act, the Secretary shall conduct an assessment of federally authorized emerging harbors that have experienced deferred maintenance, inadequate operations and maintenance funding, or recurring navigation deficiencies. (b) Contents In conducting the assessment under subsection (a), the Secretary shall identify, for each emerging harbor— (1) the authorized dimensions and current condition of the harbor and associated Federal navigation features; (2) the extent of deferred maintenance and dredging needs; (3) the economic, public safety, emergency response, commercial fishing, Tribal, and recreational impacts associated with deferred maintenance; (4) whether the harbor has been unable to receive regular maintenance because of current benefit-cost methodologies or other Federal policies; (5) whether the harbor has not received Federal operations and maintenance funding for a period of not less than 10 years and the impacts of such lack of maintenance on navigation, safety, and local economic activity; (6) recommendations for addressing identified maintenance backlogs; and (7) a determination of— (A) the interest of State, local, and Tribal governments, and port authorities, in assuming responsibility for the operation and maintenance of the emerging harbor; and (B) any legal, financial, or operational barriers to such assumption of responsibility. (c) Consultation In conducting the assessment under this section, the Secretary shall consult with State, local, Tribal, and port authorities regarding— (1) the potential deauthorization of federally authorized emerging harbors; (2) the interest of non-Federal public entities in assuming responsibility for the operation and maintenance of such harbors; and (3) the authorities, funding mechanisms, and technical assistance that may be necessary to facilitate such transfers. (d) Report to Congress (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report containing the results of the assessment conducted under this section and recommendations for administrative or legislative actions to address any identified backlogs, including any recommendations regarding the transfer of operation and maintenance responsibilities to interested non-Federal entities. (2) Priority list The Secretary shall include in the report under paragraph (1) a prioritized list of emerging harbor maintenance projects based on economic importance, public safety, commercial fishing activity, Tribal reliance, emergency access needs, and the extent of deferred maintenance. (e) Emerging harbor defined In this section, the term emerging harbor has the meaning given the term in section 210(f)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(f)(2)).

•HR 9497 EHSEC. 208

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