--- kind: "section" citation: "33 U.S.C. § 2233" title: "33" title_heading: "Navigation and Navigable Waters" number: "2233" heading: "Coordination and scheduling of Federal, State, and local actions" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/33/2233" units: - "Chapter 36 — Water Resources Development" - "Subchapter II — Harbor Development" --- # §2233. Coordination and scheduling of Federal, State, and local actions - (a) **Notice of intent—** The [Secretary](/usc/33/426h–1.md?p=2), on request from an appropriate [non-Federal interest](/usc/33/2241.md?p=7) in the form of a written notice of intent to construct a navigation project for a [harbor](/usc/33/2241.md?p=4) or [inland harbor](/usc/33/2241.md?p=5) under [section 2232 of this title](/usc/33/2232.md) or this section, shall initiate procedures to establish a schedule for consolidating Federal, State, and local agency environmental assessments, project reviews, and issuance of all permits for the construction of the project, including associated access channels, berthing areas, and onshore port-related facilities, before the initiation of construction. The [non-Federal interest](/usc/33/2241.md?p=7) shall submit, with the notice of intent, studies and documentation, including environmental reviews, that may be required by Federal law for decisionmaking on the proposed project. A State shall not be required to participate in carrying out this section. - (b) **Procedural requirements—** Within 15 days after receipt of notice under [subsection (a)](#a), the [Secretary](/usc/33/426h–1.md?p=2) shall publish such notice in the Federal Register. The [Secretary](/usc/33/426h–1.md?p=2) also shall provide written notification of the receipt of a notice under [subsection (a)](#a) to all State and local agencies that may be required to issue permits for the construction of the project or related activities. The [Secretary](/usc/33/426h–1.md?p=2) shall solicit the cooperation of those agencies and request their entry into a memorandum of agreement described in [subsection (c)](#c). Within 30 days after publication of the notice in the Federal Register, State and local agencies that intend to enter into the memorandum of agreement shall notify the [Secretary](/usc/33/426h–1.md?p=2) of their intent in writing. - (c) **Scheduling agreement—** Within 90 days after receipt of notice under [subsection (a)](#a), the [Secretary](/usc/33/426h–1.md?p=2) of the Interior, the [Secretary](/usc/33/426h–1.md?p=2) of Commerce, the Administrator of the Environmental Protection Agency, and any State or local agencies that have notified the [Secretary](/usc/33/426h–1.md?p=2) under [subsection (b)](#b) shall enter into an agreement with the [Secretary](/usc/33/426h–1.md?p=2) establishing a schedule of decisionmaking for approval of the project and permits associated with it and with related activities. Such schedule may not exceed two and one-half years from the date of the agreement. - (d) **Contents of agreement—** The agreement entered into under [subsection (c)](#c), to the extent practicable, shall consolidate hearing and comment periods, procedures for data collection and report preparation, and the environmental review and permitting processes associated with the project and related activities. The agreement shall detail, to the extent possible, the [non-Federal interest](/usc/33/2241.md?p=7)’s responsibilities for data development and information that may be necessary to process each permit, including a schedule when the information and data will be provided to the appropriate Federal, State, or local agency. - (e) **Preliminary decision—** The agreement shall include a date by which the [Secretary](/usc/33/426h–1.md?p=2), taking into consideration the views of all affected Federal agencies, shall provide to the [non-Federal interest](/usc/33/2241.md?p=7) in writing a preliminary determination whether the project and Federal permits associated with it are reasonably likely to receive approval. - (f) **Revision of agreement—** The [Secretary](/usc/33/426h–1.md?p=2) may revise the agreement once to extend the schedule to allow the [non-Federal interest](/usc/33/2241.md?p=7) the minimum amount of additional time necessary to revise its original application to meet the objections of a Federal, State, or local agency which is a party to the agreement. - (g) **Progress reports—** Six months before the final date of the schedule, the [Secretary](/usc/33/426h–1.md?p=2) shall provide to Congress a written progress report for each navigation project for a [harbor](/usc/33/2241.md?p=4) or [inland harbor](/usc/33/2241.md?p=5) subject to this section. The [Secretary](/usc/33/426h–1.md?p=2) shall transmit the report to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate. The report shall summarize all work completed under the agreement and shall include a detailed work program that will assure completion of all remaining work under the agreement. - (h) **Final decision—** Not later than the final day of the schedule, the [Secretary](/usc/33/426h–1.md?p=2) shall notify the [non-Federal interest](/usc/33/2241.md?p=7) of the final decision on the project and whether the permit or permits have been issued. - (i) **Report on timesavings methods—** Not later than one year after November 17, 1986, the [Secretary](/usc/33/426h–1.md?p=2) shall prepare and transmit to Congress a report estimating the time required for the issuance of all Federal, State, and local permits for the construction of navigation projects for [harbors](/usc/33/2241.md?p=4) or [inland harbors](/usc/33/2241.md?p=5) and associated activities. The [Secretary](/usc/33/426h–1.md?p=2) shall include in that report recommendations for further reducing the amount of time required for the issuance of those permits, including any proposed changes in existing law. ## Source credit (Pub. L. 99–662, title II, § 205, Nov. 17, 1986, 100 Stat. 4101.) ## Notes ### Statutory Notes and Related Subsidiaries ### Change of Name Committee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress.