To amend the Water Resources Development Act of 1986 to ensure that annual expenditures from the Harbor Maintenance Trust Fund to pay for operation and maintenance costs are allocated equitably among eligible harbor projects, and for other purposes.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Harbor Fairness Act of 2011''.

SEC. 2. ASSESSMENT OF DREDGING NEEDS.

    Section 210 of the Water Resources Development Act of 1986 (33 
U.S.C. 2238) is amended by adding at the end the following:
    ``(c) Assessment of Operation and Maintenance Needs.--
            ``(1) In general.--Not later than 90 days after the date of 
        enactment of this subsection, and biennially thereafter, the 
        Secretary shall assess the total operation and maintenance 
        needs of the harbors referred to in subsection (a)(2), 
        including harbors used--
                    ``(A) for commercial navigation;
                    ``(B) for commercial fishing;
                    ``(C) for subsistence, including harbors utilized 
                by Indian tribes (as defined in section 4 of the Indian 
                Self-Determination and Education Assistance Act (25 
                U.S.C. 450b)) for subsistence and ceremonial purposes;
                    ``(D) as harbors of refuge;
                    ``(E) for transportation of persons;
                    ``(F) in relation to domestic energy production, 
                including harbors related to the fabrication, 
                servicing, or supply of domestic offshore energy 
                production facilities;
                    ``(G) by the Secretary of the department in which 
                the Coast Guard is operating;
                    ``(H) for recreation purposes; and
                    ``(I) for any other authorized purpose.
            ``(2) Report to congress.--In conjunction with the 
        transmittal by the President of the budget of the United States 
        for fiscal year 2013, and biennially thereafter, 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 commercial navigation projects for 
        the harbors referred to in subsection (a)(2)--
                    ``(A) identifies the operation and maintenance 
                costs associated with the projects, including those 
                costs required to achieve and maintain the authorized 
                length, width, and depth for the projects, on a 
                project-by-project basis;
                    ``(B) identifies the amount of funding requested in 
                the President's budget for the operation and 
                maintenance costs associated with the projects, on a 
                project-by-project basis;
                    ``(C) identifies the unmet operation and 
                maintenance needs associated with the projects, on a 
                project-by-project basis; and
                    ``(D) identifies the harbors for which the 
                President will allocate funding over next 5 fiscal 
                years for operation and maintenance activities, on a 
                project-by-project basis, including the amounts to be 
                allocated for such purposes.''.

SEC. 3. ALLOCATION AND EXPENDITURES FOR LOCAL HARBOR PROJECTS.

    Section 210 of the Water Resources Development Act of 1986 (33 
U.S.C. 2238) is further amended by adding at the end the following:
    ``(d) Expenditures for Operation and Maintenance of Harbor 
Projects.--
            ``(1) In general.--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.
            ``(2) Criteria.--In determining the equitable allocation of 
        funds under paragraph (1), the Secretary--
                    ``(A) shall utilize the information obtained in the 
                assessment conducted under subsection (c);
                    ``(B) shall consider the national and regional 
                significance of harbor operation and maintenance; and
                    ``(C) shall not make such allocation based solely 
                on the tonnage transiting through a harbor.
            ``(3) Minimum allocation for moderate and low use 
        waterways.--Notwithstanding the requirements of paragraph (1), 
        in making expenditures described in paragraph (1) for each of 
        fiscal years 2013 and 2014, the Secretary shall allocate not 
        less than 40 percent of the total amount of the expenditures to 
        pay for operation and maintenance costs of moderate and low use 
        harbors, as identified by the Secretary.
            ``(4) Emergency expenditures.--Nothing in this subsection 
        shall 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--
                    ``(A) the Secretary determines that such action is 
                necessary to address the navigation needs of a harbor 
                where safe navigation has been severely restricted due 
                to an unforeseen event; and
                    ``(B) the Secretary provides advance notice and 
                information on the need for such a determination 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.''.

Summary: Harbor Fairness Act of 2011 - Amends the Water Resources Development Act of 1986 to direct the Secretary of the Army to assess the total operation and maintenance needs of all harbors and inland harbors within the United States, including harbors used: (1) for commercial navigation, (2) for commercial fishing, (3) for subsistence, (4) as harbors of refuge, (5) for transportation of persons, (6) in relation to domestic energy production, (7) by the Secretary of the department in which the Coast Guard is operating, and (8) for recreation purposes. Directs the Secretary, in conjunction with transmittal of the President's FY2013 budget and biennially thereafter, to submit to specified congressional committees a report on commercial navigation projects for such harbors that identifies: (1) the operation and maintenance costs associated with the projects. (2) the amount of funding requested in the President's budget for such costs on a project-by-project basis. (3) the unmet operation and maintenance needs associated with such projects. And (4) the harbors for which the President will allocate funding over the next five fiscal years for operation and maintenance activities on a project-by-project basis. Directs the Secretary: (1) to make expenditures to pay for harbor operation and maintenance costs based on an equitable allocation of funds among all such harbors, regardless of the size or tonnage throughput of the harbor. And (2) to allocate not less than 40 of the total expenditures in FY2013 and FY2014 to pay for operation and maintenance costs of moderate and low use harbors. Permits the Secretary, notwithstanding such requirements, to make an expenditure to pay for such costs of a specific harbor if the Secretary: (1) determines that such action is necessary to address the navigation needs of a harbor where safe navigation has been severely restricted due to an unforeseen event, and (2) provides advance notice on the need for such a determination to Congress.