§ 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, 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 community served by the harbor and navigation improvement; and
(3)
the long-term viability of the community 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, 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 local population; and
(5)
social and cultural value to the community.