33 U.S.C. § 2238c (NAVIGATION AND NAVIGABLE WATERS)
§ 2238c. Additional measures at donor ports and energy transfer ports
(a) Definitions
In this section:
(1) Cargo container
The term “cargo container” means a cargo container that is 1 Twenty-foot Equivalent Unit.
(2) Donor port
The term “donor port” means a port—
(A) that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or a successor regulation);
(B) at which the total amount of harbor maintenance taxes collected comprise not less than $15,000,000 annually of the total funding of the Harbor Maintenance Trust Fund established under section 9505 of title 26;
(C) that received less than 25 percent of the total amount of harbor maintenance taxes collected at that port in the previous 5 fiscal years; and
(D) that is located in a State in which more than 2,000,000 cargo containers were unloaded from or loaded on to vessels in fiscal year 2012.
(3) Energy commodity
The term “energy commodity” includes—
(A) petroleum products;
(B) natural gas;
(C) coal;
(D) wind and solar energy components; and
(E) biofuels.
(4) Energy transfer port
The term “energy transfer port” means a port—
(A) that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulation (or any successor regulation); and
(B)
(i) at which energy commodities comprised greater than 25 percent of all commercial activity by tonnage in fiscal year 2012; and
(ii) through which more than 40,000,000 tons of cargo were transported in fiscal year 2012.
(5) Expanded uses
The term “expanded uses” has the meaning given the term in section 2238(f) of this title.
(6) Harbor maintenance tax
The term “harbor maintenance tax” has the meaning given the term in section 2238(f) of this title.
(b) Authority
(1) In general
Subject to the availability of appropriations, the Secretary may provide to donor ports and energy transfer ports amounts in accordance with this section.
(2) Limitations
Amounts provided under this section—
(A) for energy transfer ports shall be divided equally among all States with an energy transfer port; and
(B) shall be made available to a port as either a donor port or an energy transfer port and no port may receive amounts as both a donor port and an energy transfer port.
(c) Use of funds
Amounts provided under this section may be used by a donor port or an energy transfer port—
(1) to provide payments to importers entering cargo or shippers transporting cargo through that port, as calculated by U.S. Customs and Border Protection according to the amount of harbor maintenance taxes collected;
(2) for expanded uses; or
(3) for environmental remediation related to dredging berths and Federal navigation channels.
(d) Administration of payments
If a donor port or an energy transfer port elects to provide payments to importers or shippers under subsection (c), the Secretary shall transfer the amount that would otherwise be provided to the port under this section that is equal to those payments to the Commissioner of U.S. Customs and Border Protection to provide the payments to the importers or shippers.
(e) Report to Congress
(1) In general
Not later than 18 months after June 10, 2014, the Secretary shall assess the impact of the authority provided by this section and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report on the results of that assessment, including any recommendations for amending or reauthorizing the authority.
(2) Factors
In carrying out the assessment under paragraph (1), the Secretary shall assess—
(A) the impact of the amounts provided and used under this section on those ports that received funds under this section; and
(B) any impact on domestic harbors and ports that did not receive funds under this section.
(f) Authorization of appropriations
(1) In general
There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2015 through 2018.
(2) Division between donor ports and energy transfer ports
For each fiscal year, amounts made available to carry out this section shall be provided in equal amounts to donor ports and energy transfer ports.
(3) Additional appropriations
If the target total budget resources under subparagraphs (A) through (D) of section 2238b(b)(1) of this title are met for each of fiscal years 2015 through 2018, there is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2019 through 2022.
(Pub. L. 113–121, title II, § 2106, June 10, 2014, 128 Stat. 1280.)
heading: Codification
text: Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section 2201 of this title.