33 U.S.C. § 2238c: Additional measures at donor ports and energy transfer ports

The term “cargo container” means a cargo container that is 1 Twenty-foot Equivalent Unit. The term “discretionary cargo” means maritime cargo for which the United States port of unlading is different than the United States port of entry. that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or a successor regulation); at which the total amount of harbor maintenance taxes collected (including the estimated taxes related to domestic cargo and cruise passengers) comprise not less than $15,000,000 annually of the total funding of the Harbor Maintenance Trust Fund on an average annual basis for the previous 3 fiscal years; that received less than 25 percent of the total amount of harbor maintenance taxes collected (including the estimated taxes related to domestic cargo and cruise passengers) at that port in the previous 3 fiscal years; and that is located in a State in which more than 2,000,000 cargo containers were unloaded from or loaded on to vessels on an average annual basis for the previous 3 fiscal years. For the purpose of calculating the percentage described in subparagraph (A)(iii), payments described under subsection (c)(1) shall not be included. petroleum products; natural gas; coal; wind and solar energy components; and biofuels. that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or any successor regulation); and at which energy commodities comprised greater than 25 percent of all commercial activity by tonnage on an average annual basis for the previous 3 fiscal years; and through which more than 40,000,000 tons of cargo were transported on an average annual basis for the previous 3 fiscal years. The term “expanded uses” has the meaning given the term in section 2238(f) of this title . The term “harbor maintenance tax” has the meaning given the term in section 2238(f) of this title . The term “Harbor Maintenance Trust Fund” means the Harbor Maintenance Trust Fund established by section 9505 of title 26 . that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or a successor regulation); at which the total amount of harbor maintenance taxes collected (including the estimated taxes related to domestic cargo and cruise passengers) comprise annually more than $5,000,000 but less than $15,000,000 of the total funding of the Harbor Maintenance Trust Fund on an average annual basis for the previous 3 fiscal years; that received less than 25 percent of the total amount of harbor maintenance taxes collected (including the estimated taxes related to domestic cargo and cruise passengers) at that port in the previous 3 fiscal years; and that is located in a State in which more than 2,000,000 cargo containers were unloaded from or loaded onto vessels on an average annual basis for the previous 3 fiscal years. Subject to the availability of appropriations, the Secretary may provide to donor ports, medium-sized donor ports, and energy transfer ports amounts in accordance with this section. for energy transfer ports shall be divided equally among all States with an energy transfer port; shall be made available to a port as either a donor port, medium-sized donor port, or an energy transfer port, and no port may receive amounts from more than 1 designation; and 50 percent of the funds shall be equally divided between the eligible donor ports as authorized by this section; and 50 percent of the funds shall be divided between the eligible donor ports and eligible medium-sized donor ports based on the percentage of the total harbor maintenance tax revenues generated at each eligible donor port and medium-sized donor port. to provide payments to importers entering cargo through that port, as calculated by the Secretary according to the value of discretionary cargo; for expanded uses; or for environmental remediation related to dredging berths and Federal navigation channels. shipped through the port; and most at risk of diversion to seaports outside of the United States. The Secretary, in consultation with a port electing to provide payments under subsection (c), shall determine the top importers at the port, as ranked by the value of discretionary cargo, and payments shall be limited to those top importers. $56,000,000 for fiscal year 2023; $58,000,000 for fiscal year 2024; $60,000,000 for fiscal year 2025; $62,000,000 for fiscal year 2026; $64,000,000 for fiscal year 2027; $66,000,000 for fiscal year 2028; $68,000,000 for fiscal year 2029; and $70,000,000 for fiscal year 2030. donor ports and medium-sized donor ports; and energy transfer ports. Nothing in this section waives any statutory requirement related to the transportation of merchandise as authorized under chapter 551 of title 46.