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33 U.S.C. § 2238c — Estimate of harbor maintenance needs

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2238c — Estimate of harbor maintenance needs

For fiscal year 2014 and each fiscal year thereafter, the President’s budget request submitted pursuant to [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim), United States Code, shall include— (1) an estimate of the nationwide average availability, expressed as a percentage, of the authorized depth and authorized width of all navigation channels authorized to be maintained using appropriations from the Harbor Maintenance Trust Fund that would result from harbor maintenance activities to be funded by the budget request; and (2) an estimate of the average annual amount of appropriations from the Harbor Maintenance Trust Fund that would be required to increase that average availability to 95 percent over a 3-year period.

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Source file: Laws/federal/codes/united-states-code/title-33/section-2238c-estimate-of-harbor-maintenance-needs--f077a93c68.md
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Source location: Title 33, Chapter 36, § 2238c; chapter-036-water-resources-development.md

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Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 101 — Definitions and declaration of policy

**(a) Definitions.—** In this title, the following definitions apply: (1) **Apportionment.—** — The term “apportionment” includes unexpended apportionments made under prior authorization laws. (2) **Asset management.—** — The term “asset management” means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost. (3) **Carpool project.—** — The term “carpool project” means any project to encourage the use of carpools and vanpools, including provision of carpooling opportunities to the elderly and individuals with disabilities, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided. (4) **Construction.—** — The term “construction” means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway or any project eligible for assistance under this title, including bon

Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 101

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 1105 — Budget contents and submission to Congress

**(a)** On or after the first Monday in January but not later than the first Monday in February of each year, the President shall submit a budget of the United States Government for the following fiscal year. Each budget shall include a budget message and summary and supporting information. The President shall include in each budget the following: (1) information on activities and functions of the Government. (2) when practicable, information on costs and achievements of Government programs. (3) other desirable classifications of information. (4) a reconciliation of the summary information on expenditures with proposed appropriations. (5) except as provided in subsection (b) of this section, estimated expenditures and proposed appropriations the President decides are necessary to support the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year. (6) estimated receipts of the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year under— (A) laws in effect when the budget is submitted; and (B) proposals in the budget to increase revenues. (7) appropriations, expenditures, and receipts of the Government in the prior fiscal year. (8) estimated expenditures and receipts, and appropriations and proposed appropriations, of the Government for the current fiscal year. (9) balanced statements of the— (A) condition of the Treasury at the end of the prior fiscal year; (B) estimated condition of the Treasury at the end of the current fiscal year; and (C) estimated condition of the Treasury at the end of the fiscal year for which the budget is submitted if financial proposals in the budget are adopted. (10) essential information about the debt of the Government.

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1105

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2238b–1 — Authorization of appropriations

**(a) Trust fund** There are authorized to be appropriated out of the Harbor Maintenance Trust Fund, established by [section 9505 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section9505&num=0&edition=prelim), for each fiscal year such sums as may be necessary to pay— (1) 100 percent of the eligible operations and maintenance costs of those portions of the Saint Lawrence Seaway operated and maintained by the Great Lakes St. Lawrence Seaway Development Corporation for such fiscal year; and (2) up to 100 percent of the eligible operations and maintenance costs assigned to commercial navigation of all harbors and inland harbors within the United States. **(b) General fund** There are authorized to be appropriated out of the general fund of the Treasury of the United States for each fiscal year such sums as may be necessary to pay the balance of all eligible operations and maintenance costs not provided by payments from the Harbor Maintenance Trust Fund under this section. **(c) 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 and inland 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 and inland harbors. (2) **Criteria** (A) *In general* — In determining an equitable allocation of funds under paragraph (1), the Secretary shall— (i) consider the information obtained in the assessment conducted under subsection (e); (ii) consider the national and regional significance of harbor operations and maintenance; and (iii) as appropria

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2238b–1

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2238e — Budgetary treatment expansion and adjustment for the Harbor Maintenance Trust Fund

Any discretionary appropriation for the Corps of Engineers— (1) derived from the Harbor Maintenance Trust Fund, in this fiscal year and thereafter, not to exceed the sum of— (A) the total amount deposited in the Harbor Maintenance Trust Fund in the fiscal year that is two years prior to the fiscal year for which the appropriation is being made; and (B) (i) $500,000,000 for fiscal year 2021; (ii) $600,000,000 for fiscal year 2022; (iii) $700,000,000 for fiscal year 2023; (iv) $800,000,000 for fiscal year 2024; (v) $900,000,000 for fiscal year 2025; (vi) $1,000,000,000 for fiscal year 2026; (vii) $1,200,000,000 for fiscal year 2027; (viii) $1,300,000,000 for fiscal year 2028; (ix) $1,400,000,000 for fiscal year 2029; and (x) $1,500,000,000 for fiscal year 2030 and thereafter; and (2) for the Operation and Maintenance account of the Corps of Engineers which is designated in statute as being to carry out subsection (c) of [section 2238c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2238c&num=0&edition=prelim), not to exceed— (A) $50,000,000 for fiscal year 2021; (B) $50,000,000 for fiscal year 2022; (C) $56,000,000 for fiscal year 2023; (D) $58,000,000 for fiscal year 2024; (E) $60,000,000 for fiscal year 2025; (F) $62,000,000 for fiscal year 2026; (G) $64,000,000 for fiscal year 2027; (H) $66,000,000 for fiscal year 2028; (I) $68,000,000 for fiscal year 2029; and (J) $70,000,000 for fiscal year 2030; shall be subtracted from the estimate of discretionary budget authority and outlays for any estimate of an appropriations Act under the Congressional Budget and Impoundment Control Act of 1974 or the Balanced Budget and Emergency Deficit Contro

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2238e

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2238c — Additional measures at donor ports and

Page 734 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2238c AMENDMENTS 2020—Pub. L. 116–260 amended section generally. Prior to amendment, text read as follows: ‘‘Any discretionary appropriation for the Corps of Engineers derived from the Harbor Maintenance Trust Fund (not to exceed the total amount deposited in the Harbor Maintenance Trust Fund in the prior fiscal year) shall be subtracted from the estimate of discretionary budget authority and outlays for any estimate of an appropriations Act under the Congressional Budget and Impoundment Con- trol Act of 1974 or the Balanced Budget and Emergency Deficit Control Act of 1985: Provided, That the modifica- tions described in this section shall not take effect until the earlier of January 1, 2021 or the date of enact- ment of legislation authorizing the development of water resources and shall remain in effect thereafter.’’ § 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) Discretionary cargo The term ‘‘discretionary cargo’’ means mari- time cargo for which the United States port of unlading is different than the United States port of entry. (3) Donor port (A) In general The term ‘‘donor port’’ means a port— (i) that is subject to the harbor mainte- nance fee under section 24.24 of title 19, Code of Federal Regulations (or a suc- cessor regulation); (ii) at which the total amount of harbor maintenance taxes collected (including the estimated taxes related to domestic cargo and cruise passengers) comprise not less than $15,000,000 annually of the total fund- ing of the Harbor Maintenance Trust Fund on an average annual basis f

Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 2238c

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