Sec. 8004. Harbor Maintenance Trust Fund prioritization
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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: Of the amounts made available under this section to carry out projects described in subsection (a)(2), 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 successor regulation) are not maintained to their authorized width and depth, the Secretary shall prioritize amounts made available under this section for those projects— that are high-use deep draft; and for which construction is completed.
In any fiscal year in which the projects described in subparagraph
(A)are maintained to their authorized width and depth, the Secretary shall prioritize not more than 20 percent of remaining amounts made available under this section for projects— that have been maintained below their authorized width and depth during the preceding 5 fiscal years; and for which significant Federal, State, and local investments in infrastructure have been made at those projects. 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)). . 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, subparagraph
(A)shall only apply if all operation and maintenance activities that are eligible for the Federal cost share under paragraph
(1)in a State described in clause
(ii)have been funded. For each fiscal year, the operation and maintenance activities described in subparagraph
(A)may only be carried out in a State that— contributes 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 received less than 50 percent of the total amounts collected in the State pursuant to section 9505 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 rate of funding from the Harbor Maintenance Trust fund in previous fiscal years. . 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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