Sec. 202. Assessment and prioritization of operation and maintenance
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Section 210 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238 ) is amended by adding at the end the following: Not later than 90 days after the date of enactment of this subsection, and biennially thereafter, the Secretary shall assess the operation and maintenance needs of the harbors referred to in subsection (a)(2). In carrying out paragraph (1), the Secretary shall assess the operation and maintenance needs of the harbors used for— commercial navigation; commercial fishing; subsistence, including utilization by Indian tribes (as such term is defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b )) 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 any other authorized purpose.
For fiscal year 2015, and biennially thereafter, in conjunction with the President’s annual budget submission to Congress under section 1105(a) of title 31, United States Code, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that, with respect to harbors referred to in subsection (a)(2)— identifies the operation and maintenance costs associated with the harbors, including those costs required to achieve and maintain the authorized length, width, and depth for the harbors and the costs for expanded uses (as such term is defined in section 201(c)(2) of the Water Resources Reform and Development Act of 2013), on a project-by-project basis; identifies the amount of funding requested in the President’s budget for the operation and maintenance costs associated with the harbors, on a project-by-project basis; identifies the unmet operation and maintenance needs associated with the harbors, on a project-by-project basis; and identifies the harbors for which the President will allocate funding over the next 5 fiscal years for operation and maintenance activities, on a project-by-project basis, including the amounts to be allocated for such purposes. .
Section 210 of such Act ( 33 U.S.C. 2238 ) is further amended by adding at the end the following: To the maximum extent practicable, the Secretary shall make expenditures to pay for operation and maintenance costs of the 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, regardless of the size or tonnage throughput of the harbor. In determining the equitable allocation of funds under paragraph (1), the Secretary shall— utilize the information obtained in the assessment conducted under subsection (c); consider the national and regional significance of harbor operation and maintenance; where appropriate, consider national security and military readiness needs in consultation with the Secretary of the Navy; and not make such allocation based solely on the tonnage transiting through a harbor.
Notwithstanding paragraph (1), in making expenditures described in paragraph
(1)for each of fiscal years 2015 and 2016, the Secretary shall allocate not less than 10 percent of the total amount of the expenditures to pay for operation and maintenance costs of emerging harbors. In this paragraph, the term emerging harbor means a harbor referred to in subsection (a)(2) that transits less than 1,000,000 tons of commerce annually. Nothing in this subsection may be construed to prohibit the Secretary from making an expenditure to pay for the operation and maintenance costs of a specific harbor, including the transfer of funding from the operation and maintenance of a separate project, if— the Secretary determines that the action is necessary to address the navigation needs of a harbor where safe navigation has been severely restricted due to an unforeseen event; and the Secretary provides advance notice and information on the need for the action to the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives and the Committee on Environment and Public Works and the Committee on Appropriations of the Senate. 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 and allocate funding for 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. .
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