Sec. 8004. Harbor Maintenance Trust Fund prioritization
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It is the policy of the United States that the primary use of the Harbor Maintenance Trust Fund is for maintaining the constructed widths and depths of the commercial ports and harbors of the United States, and those functions should be given first consideration in the budgeting of Harbor Maintenance Trust Fund allocations. Section 210 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238 ) is amended by adding at the end the following: In this subsection: The term constructed width and depth means the depth to which a project has been constructed, which shall not exceed the authorized width and depth of the project.
The term Great Lakes Navigation System includes— Lake Superior; Lake Huron; Lake Michigan; Lake Erie; and Lake Ontario; all connecting waters between the lakes referred to in clause
(i)used for commercial navigation; any navigation features in the lakes referred to in clause
(i)or waters described in clause
(ii)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 high-use deep draft means a project that has a depth of greater than 14 feet with not less than 10,000,000 tons of cargo annually. The term high-use deep draft does not include a project located in the Great Lakes Navigation System. The term low-use port means a port at which not more than 1,000,000 tons of cargo are transported each calendar year. The term moderate-use port means a port at which more than 1,000,000, but fewer than 10,000,000, tons of cargo are transported each calendar year. Of the amounts made available under this section to carry out projects described in subsection (a)(2) that are in excess of the amounts made available to carry out those projects in fiscal year 2012, the Secretary of the Army, acting through the Chief of Engineers, shall give priority to those projects in the following order: In any fiscal year in which all projects subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or a successor regulation) are not maintained to their constructed width and depth, the Secretary shall prioritize amounts made available under this section for those projects that are high-use deep draft and are a priority for navigation in the Great Lakes Navigation System. Of the amounts made available under clause (i)— 80 percent shall be used for projects that are high-use deep draft; and 20 percent shall be used for projects that are a priority for navigation in the Great Lakes Navigation System. In any fiscal year in which all projects identified as high-use deep draft are maintained to their constructed width and depth, the Secretary shall— equally divide among each of the districts of the Corps of Engineers in which eligible projects are located 10 percent of remaining amounts made available under this section for moderate-use and low-use port projects— that have been maintained at less than their constructed width and depth due to insufficient federal funding during the preceding 6 fiscal years; and for which significant State and local investments in infrastructure have been made at those projects during the preceding 6 fiscal years; and prioritize any remaining amounts made available under this section for those projects that are not maintained to the minimum width and depth necessary to provide sufficient clearance for fully loaded commercial vessels using those projects to maneuver safely. For purposes of this subsection, State and local investments in infrastructure shall include infrastructure investments made using amounts made available for activities under section 105(a)(9) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5305(a)(9) ). The Secretary may prioritize a project not identified in paragraph
(2)if the Secretary determines that funding for the project is necessary to address— hazardous navigation conditions; or impacts of natural disasters, including storms and droughts. Not later than September 30, 2013, and annually thereafter, the Secretary shall submit to Congress a report that describes, with respect to the preceding fiscal year— the amount of funds used to maintain high-use deep draft projects and projects at moderate-use ports and low-use ports to the constructed depth and width of the projects; the respective percentage of total funds provided under this section used for high use deep draft projects and projects at moderate-use ports and low-use ports; the remaining amount of funds made available to carry out this section, if any; and any additional amounts needed to maintain the high-use deep draft projects and projects at moderate-use ports and low-use ports to the constructed depth and width of the projects. . Section 101(b) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2211(b) ) is amended— in paragraph (1), by striking 45 feet and inserting 50 feet ; and by adding at the end the following: Notwithstanding any other provision of law (including regulations and guidelines) and subject to subparagraph (B), for purposes of this subsection, operation and maintenance activities that are eligible for the Federal cost share under paragraph
(1)shall include— the dredging of berths in a harbor that is accessible to a Federal channel, if the Federal channel has been constructed to a depth equal to the authorized depth of the channel; and the dredging and disposal of legacy-contaminated sediments and sediments unsuitable for ocean disposal that— are located in or affect the maintenance of Federal navigation channels; or are located in berths that are accessible to Federal channels. For each fiscal year, subject to section 210(c)(2), subparagraph
(A)shall only apply— to the amounts made available under section 210 to carry out projects described in subsection (a)(2) of that section that are in excess of the amounts made available to carry out those projects in fiscal year 2012; and if, in that fiscal year, all projects identified as high-use deep draft (as defined in section 210(c)) are maintained to their constructed width and depth. For each fiscal year, the operation and maintenance activities described in subparagraph
(A)may only be carried out in a State— in which the total amounts collected pursuant to section 4461 of the Internal Revenue Code of 1986 comprise not less than 2.5 percent annually of the total funding of the Harbor Maintenance Trust Fund established under section 9505 of the Internal Revenue Code of 1986; and that received less than 50 percent of the total amounts collected in that State pursuant to section 4461 of the Internal Revenue Code of 1986 in the previous 3 fiscal years. In allocating amounts made available under this paragraph, the Secretary shall give priority to projects that have received the lowest amount of funding from the Harbor Maintenance Trust Fund in comparison to the amount of funding contributed to the Harbor Maintenance Trust Fund in the previous 3 fiscal years. The total amount made available in each fiscal year to carry out this paragraph shall not exceed the lesser of— amount that is equal to 40 percent of the amounts made available under section 210 to carry out projects described in subsection (a)(2) of that section that are in excess of the amounts made available to carry out those projects in fiscal year 2012; and the amount that is equal to 20 percent of the amounts made available under section 210 to carry out projects described in subsection (a)(2) of that section. In this paragraph: The term ‘cargo container’ means a cargo container that is 1 Twenty-foot Equivalent Unit. The term, eligible donor port means a port— 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 amounts collected pursuant to section 4461 of the Internal Revenue Code of 1986 comprise not less than $15,000,000 annually of the total funding of the Harbor Maintenance Trust Fund established under section 9505 of the Internal Revenue Code of 1986; and that received less than 25 percent of the total amounts collected at that port pursuant to section 4461 of the Internal Revenue Code of 1986 in the previous 5 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 in calendar year 2011. The term eligible energy transfer port means a port— that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulation (or successor regulation); and at which energy commodities comprised greater than 25 percent of all commercial activity by tonnage in calendar year 2011; and through which more than 40 million tons of cargo were transported in calendar year 2011. The term energy commodity includes— petroleum products; natural gas; coal; wind and solar energy components; and biofuels. Subject to appropriations, the Secretary may provide to eligible donor ports and eligible energy transfer ports amounts in accordance with clause (ii). The amounts described in clause (i)— made available for eligible energy transfer ports shall be divided equally among all States with an eligible energy transfer port; and shall be made available only to a port as either an eligible donor port or an eligible energy transfer port. Amounts provided to an eligible port under this paragraph may only be used by that port— to provide payments to importers entering cargo or shippers transporting cargo through an eligible donor port or eligible energy transfer port, as calculated by U.S. Customs and Border Protection; to dredge berths in a harbor that is accessible to a Federal channel; to dredge and dispose of legacy-contaminated sediments and sediments unsuitable for ocean disposal that— are located in or affect the maintenance of Federal navigation channels; or are located in berths that are accessible to Federal channels; or for environmental remediation related to dredging berths and Federal navigation channels. If an eligible donor port or eligible energy transfer port elects to provide payments to importers or shippers in accordance with subparagraph (C)(i), the Secretary shall transfer the amounts that would be provided to the port under this paragraph to the Commissioner of U.S. Customs and Border Protection to provide the payments to the importers or shippers. For fiscal years 2014 through 2024, if the total amounts made available from the Harbor Maintenance Trust Fund exceed the total amounts made available from the Harbor Maintenance Trust Fund in fiscal year 2012, there is authorized to be appropriated from the Harbor Maintenance Trust Fund to carry out this paragraph the sum obtained by adding— $50,000,000; and the amount that is equal to 10 percent of the amounts made available under section 210 to carry out projects described in subsection (a)(2) of that section that are in excess of the amounts made available to carry out those projects in fiscal year 2012. For each fiscal year, amounts made available shall be divided equally between eligible donor ports and eligible energy transfer ports. . 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 and inserting as in effect on the date of the enactment of the . Harbor Maintenance Trust Fund Act of 2013
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