33 U.S.C. § 2238: Authorization of appropriations

100 percent of the eligible operations and maintenance costs of those portions of the Saint Lawrence Seaway operated and maintained by the Great Lakes St. Lawrence Seaway Development Corporation for such fiscal year; and up to 100 percent of the eligible operations and maintenance costs assigned to commercial navigation of all harbors and inland harbors within the United States. There are authorized to be appropriated out of the general fund of the Treasury of the United States for each fiscal year such sums as may be necessary to pay the balance of all eligible operations and maintenance costs not provided by payments from the Harbor Maintenance Trust Fund under this section. To the maximum extent practicable, the Secretary shall make expenditures to pay for operation and maintenance costs of the harbors and inland harbors referred to in subsection (a)(2), including expenditures of funds appropriated from the Harbor Maintenance Trust Fund, based on an equitable allocation of funds among all such harbors and inland harbors. consider the information obtained in the assessment conducted under subsection (e); consider the national and regional significance of harbor operations and maintenance; and as appropriate, consider national security and military readiness needs. The Secretary shall not allocate funds under paragraph (1) based solely on the tonnage transiting through a harbor. Notwithstanding any other provision of this subsection, in making expenditures under paragraph (1) for each fiscal year, the Secretary shall allocate for operation and maintenance costs of emerging harbor projects an amount that is not less than 10 percent of the funds made available under this section for fiscal year 2012 to pay the costs described in subsection (a)(2). In each fiscal year, the Secretary may use not more than $5,000,000 of funds allocated for emerging harbor projects under paragraph (1) to pay for the costs of up to 10 projects for maintenance dredging of a marina or berthing area, in an emerging harbor, that includes an area that is located adjacent to, or is accessible by, a Federal navigation project, subject to clauses (ii) and (iii) of this subparagraph. supports commercial activities, including commercial fishing operations, commercial fish processing operations, recreational and sport fishing, and commercial boat yards; or supports activities of the Secretary of the department in which the Coast Guard is operating. The Secretary shall require a non-Federal interest to contribute not less than 25 percent of the costs for maintenance dredging of that portion of a maintenance dredging project described in clause (i) that is located outside of the Federal navigation project, which may be provided as an in-kind contribution, including through the use of dredge equipment owned by non-Federal interest to carry out such activities. To sustain effective and efficient operation and maintenance of the Great Lakes Navigation System, including any navigation feature in the Great Lakes that is a Federal responsibility with respect to operation and maintenance, the Secretary shall manage all of the individually authorized projects in the Great Lakes Navigation System as components of a single, comprehensive system, recognizing the interdependence of the projects. For each fiscal year, if priority funds are available, the Secretary shall use at least 10 percent of such funds for emerging harbor projects. not less than 5 percent of such funds for underserved harbor projects; and not less than 10 percent of such funds for projects that are located within the Great Lakes Navigation System. the total quantity of commerce supported by the water body on which the project is located; and would be necessary at the underserved harbor project to provide sufficient clearance for fully loaded commercial vessels using the underserved harbor project to maneuver safely; and does not exceed the constructed width and depth of the authorized navigation project. In this paragraph, the term “eligible harbor or inland harbor” means a harbor or inland harbor at which the total amount of harbor maintenance taxes collected in the immediately preceding 3 fiscal years exceeds the value of the work carried out for the harbor or inland harbor using amounts from the Harbor Maintenance Trust Fund during those 3 fiscal years. For each of fiscal years 2015 through 2024, of the priority funds available, the Secretary shall use not less than 10 percent of such funds for expanded uses carried out at an eligible harbor or inland harbor. For fiscal year 2025 and each fiscal year thereafter, the Secretary shall use not less than 10 percent of the priority funds available for expanded uses carried out at an eligible harbor or inland harbor. the total amount of funding made available for projects at that eligible harbor or inland harbor from the Harbor Maintenance Trust Fund in the immediately preceding 3 fiscal years; and the total amount of harbor maintenance taxes collected at that harbor or inland harbor in the immediately preceding 3 fiscal years. For each of fiscal years 2015 through 2024, if after fully funding all projects eligible for funding under paragraphs (1)(B) and (2)(B)(i), priority funds made available under those paragraphs remain unobligated, the Secretary shall use those remaining funds to pay for operation and maintenance costs of any harbor or inland harbor referred to in subsection (a)(2) based on an equitable allocation of those funds among the harbors and inland harbors. use the criteria specified in subsection (c)(2)(A); and make amounts available in accordance with the requirements of paragraph (1)(A). the Secretary determines that the action is necessary to address the navigation needs of a harbor or inland harbor where safe navigation has been severely restricted due to an unforeseen event; and the Secretary provides within 90 days of the action notice and information on the need for the action to the Committee on Environment and Public Works and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives. Not later than 270 days after June 10, 2014 , and biennially thereafter, the Secretary shall assess, and issue a report to Congress on, the operation and maintenance needs and uses of the harbors and inland harbors referred to in subsection (a)(2). the total future costs required to achieve and maintain the constructed width and depth for the harbors and inland harbors referred to in subsection (a)(2); and the total expected costs for uses described in subsection (c)(3)(B) and expanded uses at eligible harbors or inland harbors referred to in subsection (d)(2). commercial navigation, including the movement of goods; domestic trade; international trade; commercial fishing; subsistence, including use by Indian tribes (as defined in section 5304 of title 25 ) for subsistence and ceremonial purposes; use as a harbor of refuge; transportation of persons; purposes relating to domestic energy production, including the fabrication, servicing, or supply of domestic offshore energy production facilities; activities of the Secretary of the department in which the Coast Guard is operating; activities of the Secretary of the Navy; public health and safety related equipment for responding to coastal and inland emergencies; recreation purposes; and other authorized purposes. In carrying out paragraph (1), the Secretary shall identify potential opportunities for the beneficial use of dredged materials obtained from harbors and inland harbors referred to in subsection (a)(2), including projects eligible under section 1122 of the Water Resources Development Act of 2016 ( 130 Stat. 1645 ; 33 U.S.C. 2326 note 1 ). 1 See References in Text note below. The term “constructed width and depth” means the width and depth to which a project has been constructed, which may not exceed the authorized width and depth of the project. The term “emerging harbor” means a harbor or inland harbor referred to in subsection (a)(2) that transits less than 1,000,000 tons of cargo annually. The term “emerging harbor project” means a project that is assigned to an emerging harbor. The maintenance dredging of a berth in a harbor that is accessible to a Federal navigation project and that benefits commercial navigation at the harbor. such dredging and disposal benefits commercial navigation at the harbor; and such sediment is located in and affects the maintenance of a Federal navigation project or is located in a berth that is accessible to a Federal navigation project. is for the seismic reinforcement of a wharf or other berthing structure, or the repair or replacement of a deteriorating wharf or other berthing structure, at a port facility; benefits commercial navigation at the harbor; and is located in, or adjacent to, a berth that is accessible to a Federal navigation project. An activity to maintain slope stability at a berth in a harbor that is accessible to a Federal navigation project if such activity benefits commercial navigation at the harbor. Lake Superior; Lake Huron; Lake Michigan; Lake Erie; and Lake Ontario; all connecting waters between the lakes referred to in subparagraph (A) used for commercial navigation; any navigation features in the lakes referred to in subparagraph (A) or waters described in subparagraph (B) that are a Federal operation or maintenance responsibility; and areas of the Saint Lawrence River that are operated or maintained by the Federal Government for commercial navigation. The term “harbor maintenance tax” means the amounts collected under section 4461 of title 26 . more than 1,000,000 tons of cargo; but less than 10,000,000 tons of cargo. the total funds that are made available under this section to pay the costs described in subsection (a)(2) for a fiscal year; and the total funds made available under this section to pay the costs described in subsection (a)(2) in fiscal year 2012. that is a moderate-use harbor project or an emerging harbor project; that has been maintained at less than the constructed width and depth of the project during each of the preceding 6 fiscal years; and for which State and local investments in infrastructure have been made at those projects during the preceding 6 fiscal years. For purposes of this paragraph, State and local investments in infrastructure shall include infrastructure investments made using amounts made available for activities under section 5305(a)(9) of title 42 . issue guidance for the purpose of carrying out section 210(c)(3)(B) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238(c)(3)(B) ); and develop a mechanism to accept the non-Federal share of funds from a non-Federal interest for maintenance dredging carried out under such section.” with respect to the fiscal year for which the budget is submitted, the operation and maintenance costs associated with harbors and inland harbors described in section 210(a)(2) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238(a)(2) ), including a description of the costs required to achieve and maintain the constructed width and depth for such harbors and inland harbors and the costs for expanded uses at eligible harbors and inland harbors (as defined in section 210(d)(2) of such Act [ 33 U.S.C. 2238(d)(2) ]), on a project-by-project basis; as of the date on which the report is submitted, expenditures and deposits into the Harbor Maintenance Trust Fund established under section 9505 of the Internal Revenue Code of 1986 [ 26 U.S.C. 9505 ]; an identification of the amount of funding requested in the budget of the President for the operation and maintenance costs associated with such harbors and inland harbors, on a project-by-project basis; an explanation of how the amount of funding described in paragraph (2) complies with the requirements of section 102 [probably should be “102(a)”] of the Water Resources Development Act of 2020 [div. AA of Pub. L. 116–260 ] ( 33 U.S.C. 2238 note); an identification of the unmet operation and maintenance needs associated with such harbors and inland harbors, on a project-by-project basis, that remains after accounting for the amount identified under paragraph (3); and a description of deposits made into the Harbor Maintenance Trust Fund in the fiscal year preceding the fiscal year of the applicable budget submission and the sources of such deposits. In the first report required to be submitted under subsection (a), the Secretary shall identify, to the maximum extent practicable, transportation cost savings realized by achieving and maintaining the constructed width and depth for the harbors and inland harbors described in section 210(a)(2) of the Water Resources Development Act of 1986 [ 33 U.S.C. 2238(a)(2) ], on a project-by-project basis. The Secretary shall make the report submitted under subsection (a) publicly available, including on a publicly available website.” The contribution of a harbor to the local and regional economy. The extent to which a harbor has deteriorated since the last cycle of maintenance dredging. Public safety concerns. The Secretary shall include the criteria developed under subsection (a) in the annual Civil Works Direct Program Development Policy Guidance of the Secretary. The Secretary shall include in each biennial report submitted under section 210(e)(3) of the Water Resources Development Act of 1986 ([former] 33 U.S.C. 2238(e)(3) ) a ranking of projects in accordance with the criteria developed under subsection (a) of this section. The term ‘remote and subsistence harbor’ means a harbor with respect to which section 2006 of the Water Resources Development Act of 2007 ( 33 U.S.C. 2242 ) applies, as determined by the Secretary [of the Army]. The term ‘small harbor’ includes an emerging harbor, as such term is defined in section 210 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238 ).” not less than 15 percent of such funds for emerging harbor projects, including eligible breakwater and jetty needs at such harbor projects; not less than 13 percent of such funds for projects that are located within the Great Lakes Navigation System; ⅓ shall be provided to energy transfer ports; and ⅔ shall be provided to donor ports; not less than 17 percent of such funds for projects that are assigned to commercial strategic seaports; and any remaining funds for operation and maintenance costs of any harbor or inland harbor referred to in such subsection (a)(2) [ 33 U.S.C. 2238(a)(2) ] based on an equitable allocation of such funds among such harbors and inland harbors, in accordance with subsection (c)(1) of such section 210 [ 33 U.S.C. 2238(c)(1) ]. The term ‘commercial strategic seaport’ means a commercial harbor supporting the coordination of efficient port operations during peacetime and national defense emergencies that is designated as strategic through the National Port Readiness Network. The terms ‘donor port’ and ‘energy transfer port’ have the meanings given those terms in section 2106 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2238c ). The terms ‘emerging harbor project’ and ‘Great Lakes Navigation System’ have the meanings given those terms in section 210 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238 ). This subsection shall take effect on October 1, 2022 .”