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33 U.S.C. § 2242 — Repealed. Pub. L. 101–640, title IV, § 412(f), Nov. 28, 1990, 104 Stat. 4650

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

33 U.S.C. § 2242 — Repealed. Pub. L. 101–640, title IV, § 412(f), Nov. 28, 1990, 104 Stat. 4650

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Source file: Laws/federal/codes/united-states-code/title-33/section-2242-repealed-pub-l-101640-title-iv-412-f-nov-28-1990-104-stat-4650--3d29efbf95.md
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Source location: Title 33, Chapter 36, § 2242; chapter-036-water-resources-development.md

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### Statutory Notes Section, Pub. L. 99–662, title II, § 211, Nov. 17, 1986, 100 Stat. 4106; Pub. L. 100–676, § 32, Nov. 17, 1988, 102 Stat. 4030, directed Administrator of Environmental Protection Agency to designate one or more sites for disposal of dredged material as an alternative to disposal at the Mud Dump in New Jersey. #### Sediments Decontamination Technology Pub. L. 102–580, title IV, § 405, Oct. 31, 1992, 106 Stat. 4863, as amended by Pub. L. 104–303, title II, § 226, Oct. 12, 1996, 110 Stat. 3697; Pub. L. 106–53, title II, § 204, Aug. 17, 1999, 113 Stat. 285, provided that: “(a) Decontamination Project.—“(1) Selection of technologies.—Based upon a review of decontamination technologies identified pursuant to section 412(c) of the Water Resources Development Act of 1990 [Pub. L. 101–640, set out below], the Administrator of the Environmental Protection Agency and the Secretary shall, within 1 year after the date of the enactment of this Act [Oct. 31, 1992], jointly select removal, pre-treatment, post-treatment, and decontamination technologies for contaminated marine sediments for a decontamination project in the New York/New Jersey Harbor. “(2) Recommended program.—Upon selection of technologies, the Administrator and the Secretary shall jointly recommend a program of selected technologies to assess their effectiveness in rendering sediments acceptable for unrestricted ocean disposal or beneficial reuse, or both. “(3) Project purpose.—The purpose of the project to be carried out under this section is to provide for the development of 1 or more sediment decontamination technologies on a pilot scale demonstrating a capacity of at least 500,000 cubic yards per year. “(4) Practical end-use products.—Technologies selected for demonstration at the pilot scale shall be intended to result in practical end-use products. “(5) Assistance by the secretary.—The Secretary shall assist the project to ensure expeditious completion by providing sufficient quantities of contaminated dredged material to conduct the full-scale demonstrations to stated capacity. “(b) Decontamination Defined.—For purposes of this section, ‘decontamination’ may include local or remote prototype or production and laboratory decontamination technologies, sediment pre-treatment and post-treatment processes, and siting, economic, or other measures necessary to develop a matrix for selection of interim prototype of long-term processes. Decontamination techniques need not be preproven in terms of likely success. “(c) Authorization of Appropriations.—There is authorized to be appropriated to carry out this section $22,000,000 to complete technology testing, technology commercialization, and the development of full scale processing facilities within the New York/New Jersey Harbor. Such sums shall remain available until expended. “(d) Reports.—Not later than September 30, 1998, and periodically thereafter, the Administrator and the Secretary shall transmit to Congress a report on the results of the project to be carried out under this section, including an assessment of the progress made in achieving the purpose of the project set forth in subsection (a)(3). “(e) Support.—In carrying out the program under this section, the Secretary is encouraged to use contracts, cooperative agreements, and grants with colleges and universities and other non-Federal entities.” #### Alternatives to Mud Dump Site for Disposal of Dredged Material Pub. L. 101–640, title IV, § 412, Nov. 28, 1990, 104 Stat. 4650, provided that: “(a) Report.—Within 90 days after the date of the enactment of this Act [Nov. 28, 1990], the Administrator of the Environmental Protection Agency shall submit to the Congress a final report on the feasibility of designating an alternative site to the Mud Dump Site at a distance not less than 20 miles from the shoreline. “(b) Plan.—Within 180 days after the date of the enactment of this Act [Nov. 28, 1990], the Secretary and the Administrator of the Environmental Protection Agency shall submit to Congress a plan for the long-term management of dredged material from the New York/New Jersey Harbor region. The plan shall include—“(1) an identification of the source, quantities, and characteristics of material to be dredged; “(2) a discussion of potential alternative sites for disposal of dredged material, including the feasibility of altering the boundaries of the Mud Dump Site; “(3) measures to reduce the quantities of dredged material proposed for ocean disposal; “(4) measures to reduce the amount of contaminants in materials proposed to be dredged from the Harbor through source controls and decontamination technology; “(5) a program for monitoring the physical, chemical, and biological effects of dumping dredged material at the Mud Dump Site; and “(6) a study of the characteristics of the bottom sediments, including type and distribution. “(c) Demonstration Project.—The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall implement a demonstration project for disposing on an annual basis up to 10 percent of the material dredged from the New York/New Jersey Harbor region in an environmentally sound manner other than by ocean disposal. Environmentally sound alternatives may include, among others, capping of borrow pits, construction of a containment island, application for landfill cover, habitat restoration, and use of decontamination technology. “(d) Mud Dump Site Defined.—For purposes of this section, the term ‘Mud Dump Site’ means the area located approximately 5¾ miles east of Sandy Hook, New Jersey, with boundary coordinates of 40 degrees, 23 minutes, 48 seconds North, 73 degrees, 51 minutes, 28 seconds West; 40 degrees, 21 minutes, 48 seconds North, 73 degrees, 50 minutes, 00 seconds West; 40 degrees, 21 minutes, 48 seconds North; 73 degrees, 51 minutes, 28 seconds West; and 40 degrees, 23 minutes, 48 seconds North; 73 degrees, 50 minutes, 00 seconds West. “(e) Authorization of Appropriations.—There are authorized to be appropriated to the Secretary for fiscal year 1991, $3,000,000 to implement subsection (b) and $1,000,000 to implement subsection (c), and such sums as may be necessary for fiscal year 1992. “(f) Repeal.—Section 211 of the Water Resources Development Act of 1986 ([33 U.S.C. 2239](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2239&num=0&edition=prelim)) is repealed.”

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

33 U.S.C. § 2239 — 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 maritime 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 maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or a successor 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 funding of the Harbor Maintenance Trust Fund on an average annual basis for the previous 3 fiscal years; (iii) that received less than 25 percent of the total amount of harbor maintenance taxes collected (including the estimated taxes related to domestic cargo and cruise passengers) at that port in the previous 3 fiscal years; and (iv) that is located in a State in which more than 2,000,000 cargo containers were unloaded from or loaded on to vessels on an average annual basis for the previous 3 fiscal years. (B) *Calculation* — For the purpose of calculating the percentage described in subparagraph (A)(iii), payments described under subsection (c)(1) shall not be included. (4) **Energy commodity** — The term “energy commodity” includes— (A) petroleum products; (B) natural gas; (C) coal; (D) wind and solar energy components; and (E) biofuels. (5) **Energy transfer port** — The term “energy transfer port” means a port— (A) that is subject to the harbor maintenance fee under section 24.24

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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

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33 U.S.C. § 2239 — Repealed. Pub. L. 101–640, title IV, § 412(f),

Page 737 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2239 tivities otherwise carried out by the Secretary for underserved community harbors using funds appropriated pursuant to section 2238 of this title or section 102(a) of the Water Resources De- velopment Act of 2020 (33 U.S.C. 2238 note). (g) Definitions In this section: (1) Project The term ‘‘project’’ means a single cycle of maintenance dredging of an underserved com- munity harbor and any associated placement of dredged material at a beneficial use place- ment site or disposal site. (2) Underserved community harbor The term ‘‘underserved community harbor’’ means an emerging harbor (as defined in sec- tion 2238(f) of this title), a harbor where pas- senger or freight service is provided to island communities dependent on that service, or a marina or berthing area that is located adja- cent to, or is accessible by, a Federal naviga- tion project, for which— (A) no Federal funds have been obligated for maintenance dredging in the current fis- cal year or in any of the 4 preceding fiscal years; and (B) State and local investments in infra- structure have been made during any of the 4 preceding fiscal years. (h) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $50,000,000 from the Gen- eral Fund of the Treasury for each of fiscal years 2023 through 2029, to be deposited into the ‘‘CORPS OF ENGINEERS—CIVIL—OPERATION AND MAINTENANCE’’ account. (2) Special rule Not less than 35 percent of the amounts made available to carry out this section for each fiscal year shall be used for projects in- volving the beneficial use of dredged material. (i) Projects for marina or berthing areas The Secretary may carry out not more than 10 proj

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

33 U.S.C. § 2242 — Remote and subsistence harbors

Page 739 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2242 States, capable of being utilized in the trans- portation of commercial cargo in domestic or foreign waterborne commerce by commercial vessels. The term does not include— (A) an inland harbor; (B) the Saint Lawrence Seaway; (C) local access or berthing channels; (D) channels or harbors constructed or maintained by nonpublic interests; and (E) any portion of the Columbia River other than the channels on the downstream side of Bonneville lock and dam. (5) Inland harbor The term ‘‘inland harbor’’ means a naviga- tion project which is used principally for the accommodation of commercial vessels and the receipt and shipment of waterborne cargoes on inland waters. The term does not include— (A) projects on the Great Lakes; (B) projects that are subject to tidal influ- ence; (C) projects with authorized depths of greater than 20 feet; (D) local access or berthing channels; and (E) projects constructed or maintained by nonpublic interests. (6) Nominal depth The term ‘‘nominal depth’’ means, in rela- tion to the stated depth for any navigation im- provement project, such depth, including any greater depths which must be maintained for any harbor or inland harbor or element there- of included within such project in order to en- sure the safe passage at mean low tide of any vessel requiring the stated depth. (7) Non-Federal interest The term ‘‘non-Federal interest’’ has the meaning such term has under section 1962d–5b of title 42 and includes any interstate agency and port authority established under a com- pact entered into between two or more States with the consent of Congress under section 10 of Article I of the Constitution. (8) United States The term ‘‘United States’’ means all areas

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