Sec. 102. Funding for navigation
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Section 210 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238 ) is amended, in the section heading, by striking and inserting Authorization of appropriations . Funding for navigation Section 210(c) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238(c) ) is amended— by amending paragraph
(1)to read as follows: For each fiscal year, of the funds made available under this section (including funds appropriated from the Harbor Maintenance Trust Fund), the Secretary shall make expenditures to pay for operation and maintenance costs of the harbors and inland harbors referred to in subsection (a)(2), using— not less than 20 percent of such funds for emerging harbor projects, to the extent there are identifiable operations and maintenance needs, including eligible breakwater and jetty needs, at such harbor projects; not less than 12 percent of such funds for projects that are located within the Great Lakes Navigation System; 10 percent of such funds for expanded uses carried out at donor ports, as such term is defined in section 2106 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2238c ); and any remaining funds for operation and maintenance costs of any harbor or inland harbor referred to in subsection (a)(2) based on an equitable allocation of such funds among such harbors and inland harbors. ; by amending paragraph
(3)to read as follows: In each fiscal year, the Secretary may use not more than $5,000,000 of funds designated for emerging harbor projects under paragraph (1)(A) 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 subparagraphs
(B)and
(C)of this paragraph. The Secretary may use funds as authorized under subparagraph
(A)at an emerging harbor that— supports commercial activities, including commercial fishing operations, commercial fish processing operations, recreational and sport fishing, and commercial boat yards; or supports activities of the Secretary of the department in which the Coast Guard is operating. The 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 subparagraph
(A)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. ; and by adding at the end the following: Nothing 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— 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 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. . Section 210 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238 ) is amended by striking subsection
(d)and redesignating subsections
(e)and
(f)as subsections
(d)and (e), respectively. Section 210(d)(2)(A)(ii) of the Water Resources Development Act of 1986 (as so redesignated) is amended by striking expanded uses at eligible harbors or inland harbors referred to in subsection (d)(2) and inserting uses described in paragraphs (1)(C) and
(3)of subsection
(c). Section 210(e) of the Water Resources Development Act of 1986 (as so redesignated) is amended— by striking paragraphs
(6)through (9); by redesignating paragraphs
(3)through
(5)as paragraphs
(4)through (6), respectively; by striking paragraph
(2)and inserting the following: The 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. The term emerging harbor project means a project that is assigned to an emerging harbor. ; and in paragraph
(4)(as so redesignated), by adding at the end the following: An in-water improvement, if the improvement— 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; benefits commercial navigation at the harbor; and is located in, or adjacent to, a berth that is accessible to a Federal navigation project. 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. .
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