Sec. 201. Expanded use of Harbor Maintenance Trust Fund
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For any fiscal year in which target appropriations described in subsection
(b)are met, the Secretary may use up to 5 percent of the total amount made available to the Secretary from the Harbor Maintenance Trust Fund for the eligible operations and maintenance costs described in section 210(a)(2) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238(a)(2) ) for that fiscal year for expanded uses of the Harbor Maintenance Trust Fund. For purposes of this section, target appropriations are met for a fiscal year if the total amount made available to the Secretary from the Harbor Maintenance Trust Fund for that fiscal year equals or exceeds, as determined by the Secretary, the following: For fiscal year 2014, 65 percent of the total amount of harbor maintenance taxes received in fiscal year 2013. For fiscal year 2015, 67 percent of the total amount of harbor maintenance taxes received in fiscal year 2014. For fiscal year 2016, 69 percent of the total amount of harbor maintenance taxes received in fiscal year 2015. For fiscal year 2017, 71 percent of the total amount of harbor maintenance taxes received in fiscal year 2016. For fiscal year 2018, 73 percent of the total amount of harbor maintenance taxes received in fiscal year 2017. For fiscal year 2019, 75 percent of the total amount of harbor maintenance taxes received in fiscal year 2018. For fiscal year 2020, and each fiscal year thereafter, 80 percent of total amount of harbor maintenance taxes received in the previous fiscal year. In this section, the following definitions apply: The term eligible harbor or inland harbor means a harbor or inland harbor that, historically, as determined by the Secretary— generates an amount of harbor maintenance taxes; that exceeds the value of maintenance dredging work carried out for the harbor or inland harbor using amounts from the Harbor Maintenance Trust Fund. The term expanded uses means the following activities performed for an eligible harbor or inland 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. The maintenance dredging and disposal of legacy-contaminated sediment, and sediment unsuitable for open water disposal, if— 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. The 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 the Internal Revenue Code of 1986 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, United States Code. Section 9505(c)(1) of the Internal Revenue Code of 1986 is amended by striking (as in effect on the date of the enactment of the Water Resources Development Act of 1996) . It is the sense of Congress that any increase in harbor maintenance programs described in this section shall result from an overall increase in appropriations for the civil works program of the Corps of Engineers and not from similar reductions in the appropriations for other programs, projects, and activities carried out by the Corps of Engineers for other authorized purposes.
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Sec. 201
Expanded use of Harbor Maintenance Trust Fund
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