Amendments
2020—Subsec. (a)(1). [Pub. L. 116–260, § 512(c)(5)(B)], substituted “Great Lakes St. Lawrence Seaway Development Corporation” for “Saint Lawrence Seaway Development Corporation”.
Subsec. (c)(3). [Pub. L. 116–260, § 102(b)(1)], designated existing provisions as subpar. (A), inserted heading, and added subpar. (B).
Subsec. (e)(2)(A)(ii). [Pub. L. 116–260, § 102(b)(2)], inserted “uses described in subsection (c)(3)(B) and” after “costs for”.
Subsec. (f)(2), (3). [Pub. L. 116–260, § 102(b)(3)(C)], added pars. (2) and (3) and struck out former par. (2) which defined “emerging harbor project”.
Subsec. (f)(4). [Pub. L. 116–260, § 102(b)(3)(B)], redesignated par. (3) as (4) and added subpars. (C) and (D). Former par. (4) redesignated (5).
Subsec. (f)(4)(C), (D). [Pub. L. 116–260, § 102(b)(3)(D)], added subpars. (C) and (D).
Subsec. (f)(5). [Pub. L. 116–260, § 102(b)(3)(B)], redesignated par. (4) as (5). Former par. (5) redesignated (6).
Subsec. (f)(6). [Pub. L. 116–260, § 102(b)(3)(A)], (B), redesignated par. (5) as (6) and struck out former par. (6) which defined “high-use harbor project”.
2018—Subsec. (e)(1). [Pub. L. 115–270, § 1216(1)], substituted “shall assess, and issue a report to Congress on, the” for “shall assess the”.
Subsec. (e)(2)(C). [Pub. L. 115–270, § 1216(2)], added subpar. (C).
2016—Subsec. (c)(3). [Pub. L. 114–322, § 1103(1)], substituted “for each fiscal year” for “for each of fiscal years 2015 through 2022”.
Subsec. (d)(1)(A). [Pub. L. 114–322, § 1103(2)], added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: “For each of fiscal years 2015 through 2024, if priority funds are available, the Secretary shall use the priority funds as follows:
“(i) 90 percent of the priority funds shall be used for high- and moderate-use harbor projects.
“(ii) 10 percent of the priority funds shall be used for emerging harbor projects.”
Subsec. (d)(1)(B). [Pub. L. 114–322, § 1107], substituted “For each fiscal year” for “For each of fiscal years 2015 through 2024” in introductory provisions.
Subsec. (e)(3)(B), (C). [Pub. L. 114–322, § 1114], added subpar. (B) and redesignated former subpar. (B) as (C).
2014—Subsecs. (c) to (f). [Pub. L. 113–121] added subsecs. (c) to (f).
1990—Subsec. (a)(2). [Pub. L. 101–640] substituted “up to 100 percent” for “not more than 40 percent”.
Criteria for Funding Operation and Maintenance of Small, Remote, and Subsistence Harbors
[Pub. L. 117–263, div. H, title LXXXI, § 8131], Dec. 23, 2022, [136 Stat. 3718], provided that:“(a)
In General.—
Not later than 180 days after the date of enactment of this Act [Dec. 23, 2022], the Secretary [of the Army] shall develop specific criteria for the annual evaluation and ranking of maintenance dredging requirements for small harbors and remote and subsistence harbors, taking into account the following:
“(1)
The contribution of a harbor to the local and regional economy.
“(2)
The extent to which a harbor has deteriorated since the last cycle of maintenance dredging.
“(3)
Public safety concerns.
“(b)
Inclusion in Guidance.—
The Secretary shall include the criteria developed under subsection (a) in the annual Civil Works Direct Program Development Policy Guidance of the Secretary.
“(c)
Report to Congress.—
The Secretary shall include in each biennial report submitted under section 210(e)(3) of the Water Resources Development Act of 1986 (
33 U.S.C. 2238(e)(3)) a ranking of projects in accordance with the criteria developed under subsection (a) of this section.
“(d)
Definitions.—
In this section:
“(1)
Remote and subsistence harbor.—
The term ‘remote and subsistence harbor’ means a harbor with respect to which section 2006 of the Water Resources Development Act of 2007 (
33 U.S.C. 2242) applies, as determined by the Secretary [of the Army].
“(2)
Small harbor.—
The term ‘small harbor’ includes an emerging harbor, as such term is defined in section 210 of the Water Resources Development Act of 1986 (
33 U.S.C. 2238).”
Authorization of Appropriations for Navigation
[Pub. L. 116–260, div. AA, title I, § 102(a)], Dec. 27, 2020, [134 Stat. 2618], provided that:“(1)
In general.—
In carrying out subsection (c) of section 210 of the Water Resources Development Act of 1986 (
33 U.S.C. 2238), for each fiscal year, of the funds made available under such section (including funds appropriated from the Harbor Maintenance Trust Fund), the Secretary [of the Army] shall, to the extent practicable, unless otherwise directed in an Act making appropriations for the Corps of Engineers, make expenditures to pay for operation and maintenance costs of the harbors and inland harbors referred to in subsection (a)(2) of such section, to the extent there are identifiable operations and maintenance needs, of—
“(A)
not less than 15 percent of such funds for emerging harbor projects, including eligible breakwater and jetty needs at such harbor projects;
“(B)
not less than 13 percent of such funds for projects that are located within the Great Lakes Navigation System;
“(C)
12 percent of such funds for expanded uses carried out at donor ports and energy transfer ports, of which—
“(i)
⅓ shall be provided to energy transfer ports; and
“(ii)
⅔ shall be provided to donor ports;
“(D)
not less than 17 percent of such funds for projects that are assigned to commercial strategic seaports; and
“(E)
any remaining funds for operation and maintenance costs of any harbor or inland harbor referred to in such subsection (a)(2) [
33 U.S.C. 2238(a)(2)] based on an equitable allocation of such funds among such harbors and inland harbors, in accordance with subsection (c)(1) of such section 210 [
33 U.S.C. 2238(c)(1)].
“(2)
Definitions.—
In this subsection:
“(A)
Commercial strategic seaport.—
The term ‘commercial strategic seaport’ means a commercial harbor supporting the coordination of efficient port operations during peacetime and national defense emergencies that is designated as strategic through the National Port Readiness Network.
“(B)
Donor port; energy transfer port.—
The terms ‘donor port’ and ‘energy transfer port’ have the meanings given those terms in section 2106 of the Water Resources Reform and Development Act of 2014 (
33 U.S.C. 2238c).
“(C)
Emerging harbor project; great lakes navigation system.—
The terms ‘emerging harbor project’ and ‘Great Lakes Navigation System’ have the meanings given those terms in section 210 of the Water Resources Development Act of 1986 (
33 U.S.C. 2238).
“(3)
Effective date.—
This subsection shall take effect on October 1, 2022.”
Guidance
[Pub. L. 113–121, title II, § 2102(d)], as added by [Pub. L. 114–322, title I, § 1112], Dec. 16, 2016, [130 Stat. 1637], provided that: “Not later than 90 days after the date of enactment of the Water Resources Development Act of 2016 [Dec. 16, 2016], the Secretary [of the Army] shall publish on the website of the Corps of Engineers guidance on the implementation of this section [amending this section, section 2211 of this title, and section 9505 of Title 26, Internal Revenue Code] and the amendments made by this section.”