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33 U.S.C. § 2238 — Construction in usable increments
Federal law — U.S. Code and appendices · legal_authorities
Any navigation project for a harbor or inland harbor authorized by this subchapter or any other provision of law enacted before, on, or after November 17, 1986, may be constructed in usable increments.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2238
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Stable record: federal_law:legal_authorities:record_usc_89141455a2e563774e588599
Source file: Laws/federal/codes/united-states-code/title-33/section-2238-construction-in-usable-increments--a08e7bde8b.md
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Source location: Title 33, Chapter 36, § 2238; chapter-036-water-resources-development.md
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Any navigation project for a harbor or inland harbor authorized by this subchapter or any other provision of law enacted before, on, or after November 17, 1986, may be constructed in usable increments.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Creation of Trust Fund** There is hereby established in the Treasury of the United States a trust fund to be known as the “Harbor Maintenance Trust Fund”, consisting of such amounts as may be—
(1) appropriated to the Harbor Maintenance Trust Fund as provided in this section,
(2) transferred to the Harbor Maintenance Trust Fund by the Great Lakes St. Lawrence Seaway Development Corporation pursuant to section 13(a) of the Act of May 13, 1954, or
(3) credited to the Harbor Maintenance Trust Fund as provided in section 9602(b).
**(b) Transfer to Harbor Maintenance Trust Fund of amounts equivalent to certain taxes** There are hereby appropriated to the Harbor Maintenance Trust Fund amounts equivalent to the taxes received in the Treasury under section 4461 (relating to harbor maintenance tax).
**(c) Expenditures from Harbor Maintenance Trust Fund** Amounts in the Harbor Maintenance Trust Fund shall be available, as provided by appropriation Acts, for making expenditures—
(1) to carry out section 210 of the Water Resources Development Act of 1986,
(2) for payments of rebates of tolls or charges pursuant to section 13(b) of the Act of May 13, 1954 (as in effect on April 1, 1987), and
(3) for the payment of all expenses of administration incurred by the Department of the Treasury, the Army Corps of Engineers, and the Department of Commerce related to the administration of subchapter A of chapter 36 (relating to harbor maintenance tax), but not in excess of $5,000,000 for any fiscal year.
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 9506
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a) In general** Subject to the availability of appropriations designated by statute as being for the purpose of carrying out this section, the Secretary may carry out projects for underserved community harbors for purposes of sustaining water-dependent commercial and recreational activities at such harbors and for purposes of contributing to ecosystem restoration.
**(b) Beneficial use**
(1) **Justification** — The Secretary may carry out a project under this section involving a disposal option for the beneficial use of dredged material that is not the least cost disposal option if the Secretary determines that the incremental cost of the disposal option is reasonable pursuant to the standard described in [section 2326(d)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2326/d/1&num=0&edition=prelim).
(2) **Cost share** — The non-Federal share of the incremental cost of a project carried out under this section involving a disposal option for the beneficial use of dredged material that is not the least cost disposal option shall be determined as provided under subsections (a) through (d) of [section 2213 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2213&num=0&edition=prelim).
**(c) Prioritization** The Secretary shall prioritize carrying out projects using funds made available under this section based on an assessment of—
(1) the local or regional economic benefits of the project;
(2) the environmental benefits of the project, including the benefits to the aquatic environment to be derived from the creation of wetland and control of shoreline erosion; and
(3) other social effects of the project, including protection against loss of life and contributions to local or region
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2241
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Federal law — U.S. Code and appendices · legal_authorities
In carrying out eligible operations and maintenance activities within the Great Lakes Navigation System pursuant to [section 2238 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2238&num=0&edition=prelim) in a State that has implemented any additional State limitation on the disposal of dredged material in the open waters of such State, the Secretary may, pursuant to [section 701h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701h&num=0&edition=prelim), receive from such State, and expend, such funds as may be contributed by the State to cover the additional costs for operations and maintenance activities for a harbor or inland harbor within such State that result from such limitation.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 701h–3
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Federal law — U.S. Code and appendices · legal_authorities
Page 727
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 2238
ed on board a vessel while the vessel is in a
harbor in which the vessel may be subject to
the levy of port or harbor dues under this
section shall, within forty-eight hours before
departure of that vessel, deliver to the ap-
propriate
authorized
representative
ap-
pointed under subsection (a)(6)(C) of this sec-
tion an export declaration specifying the
cargo to be loaded on board that vessel.
(d) Enforcement
At the request of an authorized representative
referred to in subsection (a)(6)(C) of this section,
the Secretary of the Treasury may:
(1) withhold the clearance required by sec-
tion 60105 of title 46 for a vessel if the master,
owner, or operator of a vessel subject to port
or harbor dues under this section fails to com-
ply with the provisions of this section includ-
ing any non-Federal law, regulation or ordi-
nance issued hereunder; and
(2) assess a penalty or initiate a forfeiture of
the cargo in the same manner and under the
same procedures as are applicable for failure
to pay customs duties under the Tariff Act of
1930 (19 U.S.C. 1202 et seq.) if the shipper, con-
signor, consignee, or terminal operator having
title to or custody of cargo subject to port or
harbor dues under this section fails to comply
with the provisions of this section including
any non-Federal law, regulation, or ordinance
issued hereunder.
(e) Maritime Lien
Port or harbor dues levied under this section
against a vessel constitute a maritime lien
against the vessel and port or harbor dues levied
against cargo constitute a lien against the cargo
that may be recovered in an action in the dis-
trict court of the United States for the district
in which the vessel or cargo is found.
(Pub. L. 99–662, tit
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 2238
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.