USC Subchapter II

USC Subchapter II
in effect

33 U.S.C. § 2231 Study of water resources development projects by non-Federal interests

(a) Submission to Secretary(1) In generalA non-Federal interest may undertake and submit to the Secretary—(A) a federally authorized feasibility study of a proposed water resources development project; or (B) upon the determination of the Secretary that the modifications are consistent with the authorized purposes of the project, a feasibility study on modifications to a water resources development project constructed by the Corps of Engineers or constructed by a non-Federal interest pursuant to section 2232 of this title. (2) GuidelinesTo assist non-Federal interests, the Secretary shall issue guidelines for the formulation of feasibility studies of water resources development projects undertaken by non-Federal interests that—(A) provide clear, concise, and transparent guidance for the non-Federal interest to use in developing a feasibility study that complies with requirements that would apply to a feasibility study undertaken by the Secretary; (B) provide sufficient information for the formulation of the studies, including processes and procedures related to reviews and assistance under subsection (e); (C) provide guidance to a non-Federal interest on obtaining support from the Secretary to complete elements of a feasibility study that may be considered inherently governmental and required to be done by a Federal agency; and (D) provide contacts for employees of the Corps of Engineers that a non-Federal interest may use to initiate coordination with the Secretary and identify at what stages coordination may be beneficial. (3) DeterminationIf a non-Federal interest requests to undertake a feasibility study on a modification to a constructed water resources development project under paragraph (1)(B), the Secretary shall expeditiously provide to the non-Federal interest the determination required under such paragraph with respect to whether conceptual modifications, as presented by the non-Federal interest, are consistent with the authorized purposes of the project. (b) Review by Secretary(1) In generalThe Secretary shall review each feasibility study received under subsection (a)(1) for the purpose of determining whether or not the study, and the process under which the study was developed, each comply with Federal laws and regulations applicable to feasibility studies of water resources development projects. (2) TimingThe Secretary may not submit to Congress an assessment of a feasibility study under this section until such time as the Secretary—(A) determines that the feasibility study complies with all of the requirements that would apply to a feasibility study undertaken by the Secretary; and (B) completes all of the Federal analyses, reviews, and compliance processes under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), that would be required with respect to the proposed project if the Secretary had undertaken the feasibility study. (3) Initiation of review(A) Request(i) SubmissionThe non-Federal interest may submit to the Secretary a request that the Secretary initiate the analyses, reviews, and compliance processes described in paragraph (2)(B) with respect to the proposed project prior to the non-Federal interest’s submission of a feasibility study under subsection (a)(1). (ii) EffectReceipt by the Secretary of a request submitted under clause (i) shall be considered the receipt of a proposal or application that will lead to a major Federal action that is subject to the requirements of section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) that would be required if the Secretary were to undertake the feasibility study. (B) DeadlineNot later than 10 days after the Secretary receives a study submission under subsection (a) or receives a request under subparagraph (A), the Secretary shall begin the required analyses, reviews, and compliance processes. (C) Additional information requiredThe Secretary shall notify a non-Federal interest if, upon initial review of a submission received under subsection (a) or a receipt of a request under subparagraph (A), the Secretary requires additional information to perform the required analyses, reviews, and compliance processes and include in such notification a detailed description of the required information. (4) NotificationUpon receipt of a study submission under subsection (a) or receipt of a request under paragraph (3)(A), the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of the submission or request and a timeline for completion of the required analyses, reviews, and compliance processes and shall notify the non-Federal interest of such timeline. (5) Status updatesNot later than 30 days after receiving a study submission under subsection (a) or a request under paragraph (3)(A), and every 30 days thereafter until the Secretary submits an assessment under subsection (c) for the applicable feasibility study, the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the non-Federal interest of the status of the Secretary’s required analyses, reviews, and compliance processes. (c) Submission to Congress(1) Review and submission of studies to CongressNot later than 180 days after the completion of review of a feasibility study under subsection (b), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an assessment that describes—(A) the results of the Secretary’s review of the study under subsection (b), including a determination of whether the project is feasible; (B) any recommendations the Secretary may have concerning the plan or design of the project; and (C) any conditions the Secretary may require for construction of the project. (2) LimitationThe completion of the review by the Secretary of a feasibility study that has been submitted under subsection (a)(1) may not be delayed as a result of consideration being given to changes in policy or priority with respect to project consideration. (d) Credit(1) In generalIf a project for which a feasibility study has been submitted under subsection (a)(1) is authorized by a Federal law enacted after the date of the submission to Congress under subsection (c), the Secretary shall credit toward the non-Federal share of the cost of construction of the project or modification to the project an amount equal to the portion of the cost of developing the study that would have been the responsibility of the United States if the study had been developed by the Secretary. (2) Maximum amountAny credit provided to a non-Federal interest under this subsection may not exceed the Federal share of the cost for a feasibility study initiated by the Secretary under section 2282c(a) of this title. (e) Review and technical assistance(1) ReviewThe Secretary may accept and expend funds provided by non-Federal interests to undertake reviews, inspections, certifications, and other activities that are the responsibility of the Secretary in carrying out this section. (2) Technical assistanceAt the request of a non-Federal interest, the Secretary shall provide to the non-Federal interest technical assistance relating to any aspect of a feasibility study if the non-Federal interest contracts with the Secretary to pay all costs of providing such technical assistance. (3) LimitationFunds provided by non-Federal interests under this subsection shall not be eligible for credit under subsection (d) or reimbursement. (4) Impartial decisionmakingIn carrying out this section, the Secretary shall ensure that the use of funds accepted from a non-Federal interest will not affect the impartial decisionmaking of the Secretary, either substantively or procedurally. (5) Savings provisionThe provision of technical assistance by the Secretary under paragraph (2)—(A) shall not be considered to be an approval or endorsement of the feasibility study; and (B) shall not affect the responsibilities of the Secretary under subsections (b) and (c). (f) Authorization of appropriationsThere is authorized to be appropriated to the Secretary $1,000,000 for each fiscal year to carry out this section.

33 U.S.C. § 2232 Construction of water resources development projects by non-Federal interests

(a) Water resources development project definedIn this section, the term “water resources development project” means a project recommendation that results from—(1) a feasibility report, as such term is defined in section 2282d(f) 11 See References in Text note below. of this title; (2) a completed feasibility study developed under section 2231 of this title; or (3) a final feasibility study for water resources development and conservation and other purposes that is specifically authorized by Congress to be carried out by the Secretary. (b) Authority(1) In generalA non-Federal interest may carry out a federally authorized water resources development project, or separable element thereof—(A) in accordance with a plan approved by the Secretary for the project or separable element; and (B) subject to any conditions that the Secretary may require, including any conditions specified under section 2231(c)(3) of this title. (2) ConditionsBefore carrying out a water resources development project, or separable element thereof, under this section, a non-Federal interest shall—(A) obtain any permit or approval required in connection with the project or separable element under Federal or State law, except as provided in paragraph (3); and (B) ensure that a final environmental impact statement or environmental assessment, as appropriate, for the project or separable element has been filed. (3) Permit exception(A) In generalFor a project described in subsection (a)(1) or subsection (a)(3), or a separable element thereof, with respect to which a written agreement described in subparagraph (B) has been entered into, a non-Federal interest that carries out a project under this section shall not be required to obtain any Federal permits or approvals that would not be required if the Secretary carried out the project or separable element unless significant new circumstances or information relevant to environmental concerns or compliance have arisen since development of the project recommendation. (B) Written agreementFor purposes of this paragraph, a written agreement shall provide that the non-Federal interest shall comply with the same legal and technical requirements that would apply if the project or separable element were carried out by the Secretary, including all mitigation required to offset environmental impacts of the project or separable element as determined by the Secretary. (C) CertificationsNotwithstanding subparagraph (A), if a non-Federal interest carrying out a project under this section would, in the absence of a written agreement entered into under this paragraph, be required to obtain a certification from a State under Federal law to carry out the project, such certification shall still be required if a written agreement is entered into with respect to the project under this paragraph. (4) Data sharing(A) In generalIf a non-Federal interest for a water resources development project begins to carry out that water resources development project under this section, the non-Federal interest may request that the Secretary transfer to the non-Federal interest all relevant data and documentation under the control of the Secretary with respect to that water resources development project. (B) DeadlineExcept as provided in subparagraph (C), the Secretary shall transfer the data and documentation requested by a non-Federal interest under subparagraph (A) not later than the date that is 90 days after the date on which the non-Federal interest so requests such data and documentation. (C) LimitationNothing in this paragraph obligates the Secretary to share any data or documentation that the Secretary considers to be proprietary information. (c) Studies and engineering(1) In generalWhen requested by a non-Federal interest carrying out a project or separable element of a project under this section, the Secretary shall undertake all necessary studies, engineering, and technical assistance on construction for any project or separable element of a project under this section, and provide technical assistance in obtaining all necessary permits for the construction, if the non-Federal interest contracts with the Secretary to provide funds to the United States for the studies, engineering, or technical assistance. (2) No waiverNothing in this section may be construed to waive any requirement of section 3142 of title 40. (3) LimitationFunds provided by non-Federal interests under this subsection shall not be eligible for credit or reimbursement under subsection (d). (4) Impartial decisionmakingIn carrying out this section, the Secretary shall ensure that the use of funds accepted from a non-Federal interest will not affect the impartial decisionmaking of the Secretary, either substantively or procedurally. (d) Credit or reimbursement(1) General ruleSubject to paragraph (3), a project or separable element of a project carried out by a non-Federal interest under this section shall be eligible for credit or reimbursement for the Federal share of work carried out on a project or separable element of a project if—(A) before initiation of construction of the project or separable element—(i) the Secretary approves the plan for construction of the project or separable element of the project by the non-Federal interest; (ii) the Secretary determines, before approval of the plan, that the project or separable element of the project is feasible; and (iii) the non-Federal interest enters into a written agreement with the Secretary under section 1962d–5b of title 42, including an agreement to pay the non-Federal share, if any, of the cost of operation and maintenance of the project; and (B) the Secretary determines that all Federal laws and regulations applicable to the construction of a water resources development project, and any conditions identified under subsection (b)(1)(B), were complied with by the non-Federal interest during construction of the project or separable element of the project. (2) Application of creditThe Secretary may apply credit toward—(A) the non-Federal share of authorized separable elements of the same project; or (B) subject to the requirements of this section and section 2223 of this title, at the request of the non-Federal interest, the non-Federal share of a different water resources development project. (3) RequirementsThe Secretary may only apply credit or provide reimbursement under paragraph (1) if—(A) Congress has authorized construction of the project or separable element of the project; (B) the Secretary certifies that the project, discrete segment of the project, or separable element of the project has been constructed in accordance with—(i) all applicable permits or approvals; and (ii) this section; and (C) in the case of reimbursement, appropriations are provided by Congress for such purpose. (4) MonitoringThe Secretary shall regularly monitor and audit any water resources development project, or separable element of a water resources development project, constructed by a non-Federal interest under this section to ensure that—(A) the construction is carried out in compliance with the requirements of this section; and (B) the costs of the construction are reasonable. (5) Discrete segments(A) In generalThe Secretary may authorize credit or reimbursement under this subsection for carrying out a discrete segment of a federally authorized water resources development project, or separable element thereof, before final completion of the project or separable element if—(i) except as provided in clause (ii), the Secretary determines that the discrete segment satisfies the requirements of paragraphs (1) through (4) in the same manner as the project or separable element; and (ii) notwithstanding paragraph (1)(A)(ii), the Secretary determines, before the approval of the plan under paragraph (1)(A)(i), that the discrete segment is technically feasible and environmentally acceptable. (B) DeterminationCredit or reimbursement may not be made available to a non-Federal interest pursuant to this paragraph until the Secretary determines that—(i) the construction of the discrete segment for which credit or reimbursement is requested is complete; and (ii) the construction is consistent with the authorization of the applicable water resources development project, or separable element thereof, and the plan approved under paragraph (1)(A)(i). (C) Written agreement(i) In generalAs part of the written agreement required under paragraph (1)(A)(iii), a non-Federal interest to be eligible for credit or reimbursement under this paragraph shall—(I) identify any discrete segment that the non-Federal interest may carry out; and (II) agree to the completion of the water resources development project, or separable element thereof, with respect to which the discrete segment is a part and establish a timeframe for such completion. (ii) RemittanceIf a non-Federal interest fails to complete a water resources development project, or separable element thereof, that it agreed to complete under clause (i)(II), the non-Federal interest shall remit any reimbursements received under this paragraph for a discrete segment of such project or separable element. (D) Discrete segment definedIn this paragraph, the term “discrete segment” means a physical portion of a water resources development project to be carried out, or separable element thereof—(i) described by a non-Federal interest in a written agreement required under paragraph (1)(A)(iii); and (ii) that the non-Federal interest can operate and maintain, independently and without creating a hazard, in advance of final completion of the water resources development project, or separable element thereof. (6) ExclusionsThe Secretary may not provide credit or reimbursement for—(A) activities required by the non-Federal interest to initiate design and construction that would otherwise not be required by the Secretary; or (B) delays incurred by the non-Federal interest resulting in project cost increases. (e) Notification of committeesIf a non-Federal interest notifies the Secretary that the non-Federal interest intends to carry out a project, or separable element thereof, under this section, the Secretary shall provide written notice to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives concerning the intent of the non-Federal interest. (f) Operation and maintenance(1) Assumption of maintenanceWhenever a non-Federal interest carries out improvements to a federally authorized harbor or inland harbor, the Secretary shall be responsible for operation and maintenance in accordance with section 2211(b) of this title if—(A) before construction of the improvements—(i) the Secretary determines that the improvements are feasible and consistent with the purposes of this subchapter; and (ii) the Secretary and the non-Federal interest execute a written agreement relating to operation and maintenance of the improvements; (B) the Secretary certifies that the project or separable element of the project is constructed in accordance with applicable permits and appropriate engineering and design standards; and (C) the Secretary does not find that the project or separable element is no longer feasible. (2) Federal financial participation in the costs of a locally preferred plan.In the case of improvements determined by the Secretary pursuant to paragraph (1)(A)(i) to deviate from the national economic development plan, the Secretary shall be responsible for all operation and maintenance costs of such improvements, as described in section 2211(b) of this title, including costs in excess of the costs of the national economic development plan, if the Secretary determines that the improvements satisfy the requirements of paragraph (1).

33 U.S.C. § 2233 Coordination and scheduling of Federal, State, and local actions

(a) Notice of intentThe Secretary, on request from an appropriate non-Federal interest in the form of a written notice of intent to construct a navigation project for a harbor or inland harbor under section 2232 of this title 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 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 requirementsWithin 15 days after receipt of notice under subsection (a), the Secretary shall publish such notice in the Federal Register. The Secretary also shall provide written notification of the receipt of a notice under subsection (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 shall solicit the cooperation of those agencies and request their entry into a memorandum of agreement described in subsection (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 of their intent in writing. (c) Scheduling agreementWithin 90 days after receipt of notice under subsection (a), the Secretary of the Interior, the Secretary of Commerce, the Administrator of the Environmental Protection Agency, and any State or local agencies that have notified the Secretary under subsection (b) shall enter into an agreement with the Secretary 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 agreementThe agreement entered into under subsection (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’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 decisionThe agreement shall include a date by which the Secretary, taking into consideration the views of all affected Federal agencies, shall provide to the non-Federal interest in writing a preliminary determination whether the project and Federal permits associated with it are reasonably likely to receive approval. (f) Revision of agreementThe Secretary may revise the agreement once to extend the schedule to allow the non-Federal interest 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 reportsSix months before the final date of the schedule, the Secretary shall provide to Congress a written progress report for each navigation project for a harbor or inland harbor subject to this section. The Secretary 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 decisionNot later than the final day of the schedule, the Secretary shall notify the non-Federal interest of the final decision on the project and whether the permit or permits have been issued. (i) Report on timesavings methodsNot later than one year after November 17, 1986, the Secretary 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 or inland harbors and associated activities. The Secretary 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.

33 U.S.C. § 2234 Nonapplicability to Saint Lawrence Seaway

Sections 2231, 2232, and 2233 of this title do not apply to any harbor or inland harbor project for that portion of the Saint Lawrence Seaway administered by the Great Lakes St. Lawrence Seaway Development Corporation.

33 U.S.C. § 2235 Construction in usable increments

Any navigation project for a harbor or inland harbor authorized by this subchapter or any other provision of law enacted before, on, or after November 17, 1986, may be constructed in usable increments.

33 U.S.C. § 2236 Port or harbor dues

(a) Consent of CongressSubject to the following conditions, a non-Federal interest may levy port or harbor dues (in the form of tonnage duties or fees) on a vessel engaged in trade entering or departing from a harbor and on cargo loaded on or unloaded from that vessel under clauses 2 and 3 of section 10, and under clause 3 of section 8, of Article 1 of the Constitution:(1) PurposesPort or harbor dues may be levied only in conjunction with a harbor navigation project whose construction is complete (including a usable increment of the project) and for the following purposes and in amounts not to exceed those necessary to carry out those purposes:(A)(i) to finance the non-Federal share of construction and operation and maintenance costs of a navigation project for a harbor under the requirements of section 2211 of this title; or (ii) to finance the cost of construction and operation and maintenance of a navigation project for a harbor under section 2232 or 2233 of this title; and (B) provide emergency response services in the harbor, including contingency planning, necessary personnel training, and the procurement of equipment and facilities. (2) Limitation on port or harbor dues for emer­gency servicePort or harbor dues may not be levied for the purposes described in paragraph (1)(B) of this subsection after the dues cease to be levied for the purposes described in paragraph (1)(A) of this subsection. (3) General limitations(A) Port or harbor dues may not be levied under this section in conjunction with a deepening feature of a navigation improvement project on any vessel if that vessel, based on its design draft, could have utilized the project at mean low water before construction. In the case of project features which solely—(i) widen channels or harbors, (ii) create or enlarge bend easings, turning basins or anchorage areas, or provide protected areas, or (iii) remove obstructions to navigation, only vessels at least comparable in size to those used to justify these features may be charged under this section. (B) In developing port or harbor dues that may be charged under this section on vessels for project features constructed under this subchapter, the non-Federal interest may consider such criteria as: elapsed time of passage, safety of passage, vessel economy of scale, under keel clearance, vessel draft, vessel squat, vessel speed, sinkage, and trim. (C) Port or harbor dues authorized by this section shall not be imposed on—(i) vessels owned and operated by the United States Government, a foreign country, a State, or a political subdivision of a country or State, unless engaged in commercial services; (ii) towing vessels, vessels engaged in dredging activities, or vessels engaged in intraport movements; or (iii) vessels with design drafts of 20 feet or less when utilizing general cargo and deep-draft navigation projects. (4) Formulation of port or harbor duesPort or harbor dues may be levied only on a vessel entering or departing from a harbor and its cargo on a fair and equitable basis. In formulating port and harbor dues, the non-Federal interest shall consider—(A) the direct and indirect cost of construction, operations, and maintenance, and providing the facilities and services under paragraph (1) of this subsection; (B) the value of those facilities and services to the vessel and cargo; (C) the public policy or interest served; and (D) any other pertinent factors. (5) Notice and hearing(A) Before the initial levy of or subsequent modification to port or harbor dues under this section, a non-Federal interest shall transmit to the Secretary—(i) the text of the proposed law, regulation, or ordinance that would establish the port or harbor dues, including provisions for their administration, collection, and enforcement; (ii) the name, address, and telephone number of an official to whom comments on and requests for further information on the proposal are to be directed; (iii) the date by which comments on the proposal are due and a date for a public hearing on the proposal at which any interested party may present a statement; however, the non-Federal interest may not set a hearing date earlier than 45 days after the date of publication of the notice in the Federal Register required by subparagraph (B) of this paragraph or set a deadline for receipt of comments earlier than 60 days after the date of publication; and (iv) a written statement signed by an appropriate official that the non-Federal interest agrees to be governed by the provisions of this section. (B) On receiving from a non-Federal interest the information required by subparagraph (A) of this paragraph, the Secretary shall transmit the material required by clauses (i) through (iii) of subparagraph (A) of this paragraph to the Federal Register for publication. (C) Port or harbor dues may be imposed by a non-Federal interest only after meeting the conditions of this paragraph. (6) Requirements on non-Federal interestA non-Federal interest shall—(A) file a schedule of any port or harbor dues levied under this subsection with the Secretary and the Federal Maritime Commission, which the Commission shall make available for public inspection; (B) provide to the Comptroller General of the United States on request of the Comptroller General any records or other evidence that the Comptroller General considers to be necessary and appropriate to enable the Comptroller General to carry out the audit required under subsection (b) 11 See References in Text note below. of this section; (C) designate an officer or authorized representative, including the Secretary of the Treasury acting on a cost-reimbursable basis, to receive tonnage certificates and cargo manifests from vessels which may be subject to the levy of port or harbor dues, export declarations from shippers, consignors, and terminal operators, and such other documents as the non-Federal interest may by law, regulation, or ordinance require for the imposition, computation, and collection of port or harbor dues; and (D) consent expressly to the exclusive exercise of Federal jurisdiction under subsection (c) 1 of this section. (b) Jurisdiction(1) The district court of the United States for the district in which is located a non-Federal interest that levies port or harbor dues under this section has original and exclusive jurisdiction over any matter arising out of or concerning, the imposition, computation, collection, and enforcement of port or harbor dues by a non-Federal interest under this section. (2) Any person who suffers legal wrong or is adversely affected or aggrieved by the imposition by a non-Federal interest of a proposed scheme or schedule of port or harbor dues under this section may, not later than 180 days after the date of hearing under subsection (a)(5)(A)(iii) of this section, commence an action to seek judicial review of that proposed scheme or schedule in the appropriate district court under paragraph (1). (3) On petition of the Attorney General or any other party, that district court may—(A) grant appropriate injunctive relief to restrain an action by that non-Federal interest violating the conditions of consent in subsection (a) of this section; (B) order the refund of any port or harbor dues not lawfully collected; and (C) grant other appropriate relief or remedy. (c) Collection of duties(1) 22 So in original. No par. (2) has been enacted. Delivery of certificate and manifest(A) Upon arrival of vesselUpon the arrival of a vessel in a harbor in which the vessel may be subject to the levy of port or harbor dues under this section, the master of that vessel shall, within forty-eight hours after arrival and before any cargo is unloaded from that vessel, deliver to the appropriate authorized representative appointed under subsection (a)(6)(C) of this section a tonnage certificate for the vessel and a manifest of the cargo aboard that vessel or, if the vessel is in ballast, a declaration to that effect. (B) Before departure of vesselThe shipper, consignor, or terminal operator having custody of any cargo to be loaded on board a vessel while the vessel is in a harbor in which the vessel may be subject to the levy of port or harbor dues under this section shall, within forty-eight hours before departure of that vessel, deliver to the appropriate authorized representative appointed under subsection (a)(6)(C) of this section an export declaration specifying the cargo to be loaded on board that vessel. (d) EnforcementAt the request of an authorized representative referred to in subsection (a)(6)(C) of this section, the Secretary of the Treasury may:(1) withhold the clearance required by section 60105 of title 46 for a vessel if the master, owner, or operator of a vessel subject to port or harbor dues under this section fails to comply with the provisions of this section including any non-Federal law, regulation or ordinance issued hereunder; and (2) assess a penalty or initiate a forfeiture of the cargo in the same manner and under the same procedures as are applicable for failure to pay customs duties under the Tariff Act of 1930 (19 U.S.C. 1202 et seq.) if the shipper, consignor, consignee, or terminal operator having title to or custody of cargo subject to port or harbor dues under this section fails to comply with the provisions of this section including any non-Federal law, regulation, or ordinance issued hereunder. (e) Maritime LienPort or harbor dues levied under this section against a vessel constitute a maritime lien against the vessel and port or harbor dues levied against cargo constitute a lien against the cargo that may be recovered in an action in the district court of the United States for the district in which the vessel or cargo is found.

33 U.S.C. § 2237 Information for national security

Any non-Federal interest shall provide the United States the information necessary for military readiness planning and harbor, inland harbor, and national security, including information necessary to obtain national security clearances for individuals employed in critical harbor and inland harbor positions.

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

(a) Trust fundThere are authorized to be appropriated out of the Harbor Maintenance Trust Fund, established by section 9505 of title 26, for each fiscal year such sums as may be necessary to pay—(1) 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 (2) 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. (b) General fundThere 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. (c) Operation and maintenance of harbor projects(1) In generalTo 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. (2) Criteria(A) In generalIn determining an equitable allocation of funds under paragraph (1), the Secretary shall—(i) consider the information obtained in the assessment conducted under subsection (e); (ii) consider the national and regional significance of harbor operations and maintenance; and (iii) as appropriate, consider national security and military readiness needs. (B) LimitationThe Secretary shall not allocate funds under paragraph (1) based solely on the tonnage transiting through a harbor. (3) Emerging harbor projects(A) AllocationNotwithstanding 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). (B) Additional uses at emerging harbors(i) UsesIn 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. (ii) Eligible emerging harborsThe Secretary may use funds as authorized under clause (i) at an emerging harbor that—(I) supports commercial activities, including commercial fishing operations, commercial fish processing operations, recreational and sport fishing, and commercial boat yards; or (II) supports activities of the Secretary of the department in which the Coast Guard is operating. (iii) Cost-sharing requirementsThe 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. (4) Management of Great Lakes Navigation SystemTo 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. (d) Prioritization(1) Priority(A) In generalFor each fiscal year, if priority funds are available, the Secretary shall use at least 10 percent of such funds for emerging harbor projects. (B) Additional considerationsFor each fiscal year, of the priority funds available, the Secretary shall use—(i) not less than 5 percent of such funds for underserved harbor projects; and (ii) not less than 10 percent of such funds for projects that are located within the Great Lakes Navigation System. (C) Underserved harborsIn determining which underserved harbor projects shall receive funds under this paragraph, the Secretary shall consider—(i) the total quantity of commerce supported by the water body on which the project is located; and (ii) the minimum width and depth that—(I) 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 (II) does not exceed the constructed width and depth of the authorized navigation project. (2) Expanded uses(A) Definition of eligible harbor or inland harbor definedIn 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. (B) Use of expanded uses funds(i) Fiscal years 2015 through 2024For 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. (ii) Subsequent fiscal yearsFor 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. (C) PrioritizationIn allocating funds under this paragraph, the Secretary shall give priority to projects at eligible harbors or inland harbors for which the difference, calculated in dollars, is greatest between—(i) 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 (ii) the total amount of harbor maintenance taxes collected at that harbor or inland harbor in the immediately preceding 3 fiscal years. (3) Remaining funds(A) In generalFor 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. (B) CriteriaIn determining an equitable allocation of funds under subparagraph (A), the Secretary shall—(i) use the criteria specified in subsection (c)(2)(A); and (ii) make amounts available in accordance with the requirements of paragraph (1)(A). (4) Emergency expendituresNothing in this subsection prohibits the Secretary from making an expenditure to pay for the operation and maintenance costs of a specific harbor or inland harbor, including the transfer of funding from the operation and maintenance of a separate project, if—(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 (B) 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. (e) Assessment of harbors and inland harbors(1) In generalNot 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). (2) Assessment of harbor needs and activities(A) Total operation and maintenance needs of harborsIn carrying out paragraph (1), the Secretary shall identify—(i) 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 (ii) 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). (B) Uses of harbors and inland harborsIn carrying out paragraph (1), the Secretary shall identify current uses (and, to the extent practicable, assess the national, regional, and local benefits of such uses) of harbors and inland harbors referred to in subsection (a)(2), including the use of those harbors for—(i) commercial navigation, including the movement of goods; (ii) domestic trade; (iii) international trade; (iv) commercial fishing; (v) subsistence, including use by Indian tribes (as defined in section 5304 of title 25) for subsistence and ceremonial purposes; (vi) use as a harbor of refuge; (vii) transportation of persons; (viii) purposes relating to domestic energy production, including the fabrication, servicing, or supply of domestic offshore energy production facilities; (ix) activities of the Secretary of the department in which the Coast Guard is operating; (x) activities of the Secretary of the Navy; (xi) public health and safety related equipment for responding to coastal and inland emergencies; (xii) recreation purposes; and (xiii) other authorized purposes. (C) Opportunities for beneficial use of dredged materialsIn 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 11 See References in Text note below.). (f) DefinitionsIn this section:(1) Constructed width and depthThe 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. (2) Emerging harborThe 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. (3) Emerging harbor projectThe term “emerging harbor project” means a project that is assigned to an emerging harbor. (4) Expanded usesThe term “expanded uses” means the following activities:(A) 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. (B) The maintenance dredging and disposal of legacy-contaminated sediment, and sediment unsuitable for open water disposal, if—(i) such dredging and disposal benefits commercial navigation at the harbor; and (ii) 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. (C) An in-water improvement, if the improvement—(i) 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; (ii) benefits commercial navigation at the harbor; and (iii) is located in, or adjacent to, a berth that is accessible to a Federal navigation project. (D) 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. (5) Great Lakes Navigation SystemThe term “Great Lakes Navigation System” includes—(A)(i) Lake Superior; (ii) Lake Huron; (iii) Lake Michigan; (iv) Lake Erie; and (v) Lake Ontario; (B) all connecting waters between the lakes referred to in subparagraph (A) used for commercial navigation; (C) 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 (D) areas of the Saint Lawrence River that are operated or maintained by the Federal Government for commercial navigation. (6) Harbor maintenance taxThe term “harbor maintenance tax” means the amounts collected under section 4461 of title 26. (7) Moderate-use harbor projectThe term “moderate-use harbor project” means a project that is assigned to a harbor or inland harbor referred to in subsection (a)(2) that transits annually—(A) more than 1,000,000 tons of cargo; but (B) less than 10,000,000 tons of cargo. (8) Priority fundsThe term “priority funds” means the difference between—(A) the total funds that are made available under this section to pay the costs described in subsection (a)(2) for a fiscal year; and (B) the total funds made available under this section to pay the costs described in subsection (a)(2) in fiscal year 2012. (9) Underserved harbor project(A) In generalThe term “underserved harbor project” means a project that is assigned to a harbor or inland harbor referred to in subsection (a)(2)—(i) that is a moderate-use harbor project or an emerging harbor project; (ii) that has been maintained at less than the constructed width and depth of the project during each of the preceding 6 fiscal years; and (iii) for which State and local investments in infrastructure have been made at those projects during the preceding 6 fiscal years. (B) AdministrationFor 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.

33 U.S.C. § 2238a Estimate of harbor maintenance needs

For fiscal year 2014 and each fiscal year thereafter, the President’s budget request submitted pursuant to section 1105 of title 31, United States Code, shall include— (1) an estimate of the nationwide average availability, expressed as a percentage, of the authorized depth and authorized width of all navigation channels authorized to be maintained using appropriations from the Harbor Maintenance Trust Fund that would result from harbor maintenance activities to be funded by the budget request; and (2) an estimate of the average annual amount of appropriations from the Harbor Maintenance Trust Fund that would be required to increase that average availability to 95 percent over a 3-year period.

33 U.S.C. § 2238b Funding for harbor maintenance programs

(a) DefinitionsIn this section:(1) Total amount of harbor maintenance taxes receivedThe term “total amount of harbor maintenance taxes received” means, with respect to a fiscal year, the aggregate of amounts appropriated, transferred, or credited to the Harbor Maintenance Trust Fund under section 9505(a) of title 26 for that fiscal year as set forth in the current year estimate provided in the President’s budget request for the subsequent fiscal year, submitted pursuant to section 1105 of title 31. (2) Total budget resourcesThe term “total budget resources” means the total amount made available by appropriations Acts from the Harbor Maintenance Trust Fund for a fiscal year for making expenditures under section 9505(c) of title 26. (b) Target appropriations(1) In generalExcept as provided in subsection (c), the target total budget resources made available to the Secretary from the Harbor Maintenance Trust Fund for a fiscal year shall be not less than the following:(A) For fiscal year 2015, 67 percent of the total amount of harbor maintenance taxes received in fiscal year 2014. (B) For fiscal year 2016, 69 percent of the total amount of harbor maintenance taxes received in fiscal year 2015. (C) For fiscal year 2017, 71 percent of the total amount of harbor maintenance taxes received in fiscal year 2016. (D) For fiscal year 2018, 74 percent of the total amount of harbor maintenance taxes received in fiscal year 2017. (E) For fiscal year 2019, 77 percent of the total amount of harbor maintenance taxes received in fiscal year 2018. (F) For fiscal year 2020, 80 percent of the total amount of harbor maintenance taxes received in fiscal year 2019. (G) For fiscal year 2021, 83 percent of the total amount of harbor maintenance taxes received in fiscal year 2020. (H) For fiscal year 2022, 87 percent of the total amount of harbor maintenance taxes received in fiscal year 2021. (I) For fiscal year 2023, 91 percent of the total amount of harbor maintenance taxes received in fiscal year 2022. (J) For fiscal year 2024, 95 percent of the total amount of harbor maintenance taxes received in fiscal year 2023. (K) For fiscal year 2025, and each fiscal year thereafter, 100 percent of the total amount of harbor maintenance taxes received in the previous fiscal year. (2) Use of amountsThe total budget resources described in paragraph (1) may be used only for making expenditures under section 9505(c) of title 26. (c) ExceptionIf the target total budget resources for a fiscal year described in subparagraphs (A) through (J) of subsection (b)(1) is lower than the target total budget resources for the previous fiscal year, the target total budget resources shall be adjusted to be equal to the lesser of—(1) 103 percent of the total budget resources appropriated for the previous fiscal year; or (2) 100 percent of the total amount of harbor maintenance taxes received in the previous fiscal year. (d) Impact on other funds(1) Sense of CongressIt is the sense of Congress that any increase in funding for harbor maintenance programs under this section shall result from an overall increase in appropriations for the civil works program of the Corps of Engineers and not from reductions in the appropriations for other programs, projects, and activities carried out by the Corps of Engineers for other authorized purposes. (2) ApplicationThe target total budget resources for a fiscal year specified in subsection (b)(1) shall only apply in a fiscal year for which the level of appropriations provided for the civil works program of the Corps of Engineers in that fiscal year is increased, as compared to the previous fiscal year, by a dollar amount that is at least equivalent to the dollar amount necessary to address such target total budget resources in that fiscal year.

33 U.S.C. § 2238b–1 Budgetary treatment expansion and adjustment for the Harbor Maintenance Trust Fund

Any discretionary appropriation for the Corps of Engineers— (1) derived from the Harbor Maintenance Trust Fund, in this fiscal year and thereafter, not to exceed the sum of—(A) the total amount deposited in the Harbor Maintenance Trust Fund in the fiscal year that is two years prior to the fiscal year for which the appropriation is being made; and (B)(i) $500,000,000 for fiscal year 2021; (ii) $600,000,000 for fiscal year 2022; (iii) $700,000,000 for fiscal year 2023; (iv) $800,000,000 for fiscal year 2024; (v) $900,000,000 for fiscal year 2025; (vi) $1,000,000,000 for fiscal year 2026; (vii) $1,200,000,000 for fiscal year 2027; (viii) $1,300,000,000 for fiscal year 2028; (ix) $1,400,000,000 for fiscal year 2029; and (x) $1,500,000,000 for fiscal year 2030 and thereafter; and (2) for the Operation and Maintenance account of the Corps of Engineers which is designated in statute as being to carry out subsection (c) of section 2238c of this title, not to exceed—(A) $50,000,000 for fiscal year 2021; (B) $50,000,000 for fiscal year 2022; (C) $56,000,000 for fiscal year 2023; (D) $58,000,000 for fiscal year 2024; (E) $60,000,000 for fiscal year 2025; (F) $62,000,000 for fiscal year 2026; (G) $64,000,000 for fiscal year 2027; (H) $66,000,000 for fiscal year 2028; (I) $68,000,000 for fiscal year 2029; and (J) $70,000,000 for fiscal year 2030; shall be subtracted from the estimate of discretionary budget authority and outlays for any estimate of an appropriations Act under the Congressional Budget and Impoundment Control Act of 1974 or the Balanced Budget and Emergency Deficit Control Act of 1985.

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

(a) DefinitionsIn this section:(1) Cargo containerThe term “cargo container” means a cargo container that is 1 Twenty-foot Equivalent Unit. (2) Discretionary cargoThe term “discretionary cargo” means maritime cargo for which the United States port of unlading is different than the United States port of entry. (3) Donor port(A) In generalThe term “donor port” means a port—(i) that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or a successor regulation); (ii) 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; (iii) 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 (iv) 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. (B) CalculationFor the purpose of calculating the percentage described in subparagraph (A)(iii), payments described under subsection (c)(1) shall not be included. (4) Energy commodityThe term “energy commodity” includes—(A) petroleum products; (B) natural gas; (C) coal; (D) wind and solar energy components; and (E) biofuels. (5) Energy transfer portThe term “energy transfer port” means a port—(A) that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or any successor regulation); and (B)(i) 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 (ii) through which more than 40,000,000 tons of cargo were transported on an average annual basis for the previous 3 fiscal years. (6) Expanded usesThe term “expanded uses” has the meaning given the term in section 2238(f) of this title. (7) Harbor maintenance taxThe term “harbor maintenance tax” has the meaning given the term in section 2238(f) of this title. (8) Harbor maintenance trust fundThe term “Harbor Maintenance Trust Fund” means the Harbor Maintenance Trust Fund established by section 9505 of title 26. (9) Medium-sized donor portThe term “medium-sized donor port” means a port—(A) that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or a successor regulation); (B) 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; (C) 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 (D) 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. (b) Authority(1) In generalSubject 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. (2) LimitationsAmounts provided under this section—(A) for energy transfer ports shall be divided equally among all States with an energy transfer port; (B) 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 (C) for donor ports and medium-sized donor ports—(i) 50 percent of the funds shall be equally divided between the eligible donor ports as authorized by this section; and (ii) 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. (c) Use of fundsAmounts provided under this section may be used by a donor port, a medium-sized donor port, or an energy transfer port—(1) to provide payments to importers entering cargo through that port, as calculated by the Secretary according to the value of discretionary cargo; (2) for expanded uses; or (3) for environmental remediation related to dredging berths and Federal navigation channels. (d) Administration of payments(1) In generalIf a donor port, a medium-sized donor port, or an energy transfer port elects to provide payments to importers under subsection (c), the Secretary shall transfer to the Commissioner of U.S. Customs and Border Protection an amount equal to those payments that would otherwise be provided to the port under this section to provide the payments to the importers of the discretionary cargo that is—(A) shipped through the port; and (B) most at risk of diversion to seaports outside of the United States. (2) RequirementThe 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. (e) Authorization of appropriations(1) In generalThere are authorized to be appropriated to carry out this section—(A) $56,000,000 for fiscal year 2023; (B) $58,000,000 for fiscal year 2024; (C) $60,000,000 for fiscal year 2025; (D) $62,000,000 for fiscal year 2026; (E) $64,000,000 for fiscal year 2027; (F) $66,000,000 for fiscal year 2028; (G) $68,000,000 for fiscal year 2029; and (H) $70,000,000 for fiscal year 2030. (2) Division between donor ports, medium-sized donor ports, and energy transfer portsFor each fiscal year, amounts made available to carry out this section shall be provided in equal amounts to—(A) donor ports and medium-sized donor ports; and (B) energy transfer ports. (f) Savings clauseNothing in this section waives any statutory requirement related to the transportation of merchandise as authorized under chapter 551 of title 46.

33 U.S.C. § 2238d Maintenance of harbors of refuge

The Secretary is authorized to maintain federally authorized harbors of refuge to restore and maintain the authorized dimensions of the harbors.

33 U.S.C. § 2238e Additional projects for underserved community harbors

(a) In generalSubject to the availability of appropriations designated by statute as being for the purpose of carrying out this section, the Secretary may carry out projects for underserved community harbors for purposes of sustaining water-dependent commercial and recreational activities at such harbors and for purposes of contributing to ecosystem restoration. (b) Beneficial use(1) JustificationThe Secretary may carry out a project under this section involving a disposal option for the beneficial use of dredged material that is not the least cost disposal option if the Secretary determines that the incremental cost of the disposal option is reasonable pursuant to the standard described in section 2326(d)(1) of this title. (2) Cost shareThe non-Federal share of the incremental cost of a project carried out under this section involving a disposal option for the beneficial use of dredged material that is not the least cost disposal option shall be determined as provided under subsections (a) through (d) of section 2213 of this title. (c) PrioritizationThe Secretary shall prioritize carrying out projects using funds made available under this section based on an assessment of—(1) the local or regional economic benefits of the project; (2) the environmental benefits of the project, including the benefits to the aquatic environment to be derived from the creation of wetland and control of shoreline erosion; and (3) other social effects of the project, including protection against loss of life and contributions to local or regional cultural heritage. (d) ClarificationThe Secretary shall not require the non-Federal interest for a project carried out under this section to perform additional operation and maintenance activities at the beneficial use placement site or the disposal site for such project as a condition of receiving assistance under this section. (e) Federal participation limitThe Federal share of the cost of a project under this section shall not exceed $10,000,000. (f) Statutory constructionProjects carried out under this section shall be in addition to operation and maintenance activities otherwise carried out by the Secretary for underserved community harbors using funds appropriated pursuant to section 2238 of this title or section 102(a) of the Water Resources Development Act of 2020 (33 U.S.C. 2238 note). (g) DefinitionsIn this section:(1) ProjectThe term “project” means a single cycle of maintenance dredging of an underserved community harbor and any associated placement of dredged material at a beneficial use placement site or disposal site. (2) Underserved community harborThe term “underserved community harbor” means an emerging harbor (as defined in section 2238(f) of this title), a harbor where passenger or freight service is provided to island communities dependent on that service, or a marina or berthing area that is located adjacent to, or is accessible by, a Federal navigation project, for which—(A) no Federal funds have been obligated for maintenance dredging in the current fiscal year or in any of the 4 preceding fiscal years; and (B) State and local investments in infrastructure have been made during any of the 4 preceding fiscal years. (h) Authorization of appropriations(1) In generalThere is authorized to be appropriated to carry out this section $50,000,000 from the General Fund of the Treasury for each of fiscal years 2023 through 2029, to be deposited into the “corps of engineers—civil—operation and maintenance” account. (2) Special ruleNot less than 35 percent of the amounts made available to carry out this section for each fiscal year shall be used for projects involving the beneficial use of dredged material. (i) Projects for marina or berthing areasThe Secretary may carry out not more than 10 projects under this section that are projects for an underserved community harbor that is a marina or berthing area described in subsection (g)(2).

33 U.S.C. § 2240 Emergency response services

(a) GrantsThe Secretary is authorized to make grants to any non-Federal interest operating a project for a harbor for provision of emergency response services in such harbor (including contingency planning, necessary personnel training, and the procurement of equipment and facilities either by the non-Federal interest, by a local agency or municipality, or by a combination of local agencies or municipalities on a cost-reimbursable basis, either by a cooperative agreement, mutual aid plan, or mutual assistance plan entered into between one or more non-Federal interests, public agencies, or local municipalities). (b) Authorization of appropriationsThere is authorized to be appropriated for fiscal years beginning after September 30, 1986, and ending before October 1, 1992, $5,000,000.

33 U.S.C. § 2241 Definitions

For purposes of this subchapter— (1) Deep-draft harborThe term “deep-draft harbor” means a harbor which is authorized to be constructed to a depth of more than 45 feet (other than a project which is authorized by section 202 of this title). (2) Eligible operations and maintenance(A) Except as provided in subparagraph (B), the term “eligible operations and maintenance” means all Federal operations, maintenance, repair, and rehabilitation, including (i) maintenance dredging reasonably necessary to maintain the width and nominal depth of any harbor or inland harbor; (ii) the construction of dredged material disposal facilities that are necessary for the operation and maintenance of any harbor or inland harbor; (iii) dredging and disposing of contaminated sediments that are in or that affect the maintenance of Federal navigation channels; (iv) mitigating for impacts resulting from Federal navigation operation and maintenance activities; and (v) operating and maintaining dredged material disposal facilities. (B) As applied to the Saint Lawrence Seaway, the term “eligible operations and maintenance” means all operations, maintenance, repair, and rehabilitation, including maintenance dredging reasonably necessary to keep such Seaway or navigation improvements operated or maintained by the Great Lakes St. Lawrence Seaway Development Corporation in operation and reasonable state of repair. (C) The term “eligible operations and maintenance” does not include providing any lands, easements, or rights-of-way, or performing relocations required for project operations and maintenance. (3) General cargo harborThe term “general cargo harbor” means a harbor for which a project is authorized by section 202 of this title and any other harbor which is authorized to be constructed to a depth of more than 20 feet but not more than 45 feet; (4) HarborThe term “harbor” means any channel or harbor, or element thereof, in the United States, capable of being utilized in the transportation of commercial cargo in domestic or foreign waterborne commerce by commercial vessels. The term does not include—(A) an inland harbor; (B) the Saint Lawrence Seaway; (C) local access or berthing channels; (D) channels or harbors constructed or maintained by nonpublic interests; and (E) any portion of the Columbia River other than the channels on the downstream side of Bonneville lock and dam. (5) Inland harborThe term “inland harbor” means a navigation project which is used principally for the accommodation of commercial vessels and the receipt and shipment of waterborne cargoes on inland waters. The term does not include—(A) projects on the Great Lakes; (B) projects that are subject to tidal influence; (C) projects with authorized depths of greater than 20 feet; (D) local access or berthing channels; and (E) projects constructed or maintained by nonpublic interests. (6) Nominal depthThe term “nominal depth” means, in relation to the stated depth for any navigation improvement project, such depth, including any greater depths which must be maintained for any harbor or inland harbor or element thereof included within such project in order to ensure the safe passage at mean low tide of any vessel requiring the stated depth. (7) Non-Federal interestThe term “non-Federal interest” has the meaning such term has under section 1962d–5b of title 42 and includes any interstate agency and port authority established under a compact entered into between two or more States with the consent of Congress under section 10 of Article I of the Constitution. (8) United StatesThe term “United States” means all areas included within the territorial boundaries of the United States, including the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Northern Mariana Islands, and any other territory or possession over which the United States exercises jurisdiction.

33 U.S.C. § 2242 Remote and subsistence harbors

(a) In generalIn 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) the project would be located in the State of Hawaii or Alaska, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, or American Samoa; and (2)(A) over 80 percent of the goods transported through the harbor would be consumed within the United States, as determined by the Secretary, including consideration of information provided by the non-Federal interest; or (B) the long-term viability of the community in which the project is located, or the long-term viability of a community that is located in the region that is served by the project and that will rely on the project, would be threatened without the harbor and navigation improvement. (b) JustificationIn considering whether to recommend a project under subsection (a), the Secretary shall consider the benefits of the project to any of—(1) public health and safety of the local community and communities that are located in the region to be served by the project and that will rely on the project, 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 regional population to be served by the project; or (5) social and cultural value to the local community and communities that are located in the region to be served by the project and that will rely on the project. (c) PrioritizationProjects recommended by the Secretary under subsection (a) shall be given equivalent budget consideration and priority as projects recommended solely by national economic development benefits. (d) Disposition(1) In generalThe Secretary may carry out any project identified in the study carried out pursuant to subsection (a) in accordance with the criteria for projects carried out under the authority of the Secretary under section 577 of this title. (2) Non-Federal interestsIn evaluating and implementing a project under this section, the Secretary shall allow a non-Federal interest to participate in the financing of a project in accordance with the criteria established for flood control projects under section 903(c) of the Water Resources Development Act of 1986 (Public Law 99–662; 100 Stat. 4184). (e) Annual reportFor a project that cannot be carried out under the authority specified in subsection (d), on a determination by the Secretary of the feasibility of the project under subsection (a), the Secretary may include a recommendation concerning the project in the annual report submitted to Congress under section 2282d of this title.

33 U.S.C. § 2243 Arctic deep draft port development partnerships

(a) In generalThe Secretary may provide technical assistance to non-Federal public entities, including Indian tribes (as defined in section 5304 of title 25) and a Native village, Regional Corporation, or Village Corporation (as those terms are defined in section 1602 of title 43 11 So in original. Probably should be followed by a closing parenthesis., for the development, construction, operation, and maintenance of channels, harbors, and related infrastructure associated with deep draft ports for purposes of dealing with Arctic development and security needs. (b) Acceptance of fundsThe Secretary is authorized to accept and expend funds provided by non-Federal public entities, including Indian tribes (as defined in section 5304 of title 25) and a Native village, Regional Corporation, or Village Corporation (as those terms are defined in section 1602 of title 43 1, to carry out the technical assistance activities described in subsection (a). (c) LimitationNo assistance may be provided under this section until after the date on which the entity to which that assistance is to be provided enters into a written agreement with the Secretary that includes such terms and conditions as the Secretary determines to be appropriate and in the public interest. (d) PrioritizationThe Secretary shall prioritize technical assistance provided under this section for Arctic deep draft ports identified by the Secretary, the Secretary of the department in which the Coast Guard is operating, and the Secretary of Defense as important for Arctic development and security. (e) Consideration of national security interestsIn carrying out a study of the feasibility of an Arctic deep draft port, the Secretary—(1) shall consult with the Secretary of the department in which the Coast Guard is operating to identify benefits in carrying out the missions specified in section 468 of title 6 associated with an Arctic deep draft port; (2) shall consult with the Secretary of Defense to identify national security benefits associated with an Arctic deep draft port; and (3) may consider such benefits in determining whether an Arctic deep draft port is feasible.

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