33 U.S.C. § 1804 — Inland and intracoastal waterways of the

Page 657 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1804 1 See References in Text note below. (6) Balance of payments On the balance of payments of the United States based on our international trade. (d) Considerations relating to economic feasi- bility of waterway improvement projects; level of benefits from waterway expenditures (1) The effects of inland waterway user taxes and charges on the economic feasibility of in- land waterway improvement projects. (2) The comparative levels of benefits re- ceived from Federal expenditures on inland waterways for— (A) commercial uses, and (B) other uses, including (but not limited to) recreation, reclamation, water supply, low-flow augmentation, fish and wildlife en- hancement, hydroelectric power, flood con- trol, and irrigation uses. (e) Considerations relating to Federal assistance (1) The extent of past, present, and expected future Federal assistance to the several modes of freight transportation. Such consideration shall include an evaluation and comparison of the public benefits resulting from such assist- ance to each of the several transportation modes in terms of adequacy, efficiency, and economy of service, safety, technological progress, and energy conservation. The Fed- eral assistance considered under this para- graph shall include all forms of such assist- ance, such as tax advantages, direct grants, rate adjustments for improvement purposes, assumption of pension fund liabilities, loans, guarantees, capital participation, revenues from land grants, and provision of right-of- way operation, maintenance, and improve- ment. (2) The competitive effects of past, present, and expected future Federal expenditures on inland waterways on competitive modes of transportation. (3) The need for Federal assistance to agri- cultural, industrial, and other interests af- fected by inland waterway user taxes and charges. (f) Considerations relating to policy and future development The effects of inland waterway user taxes and charges on— (1) The achievement of the objectives of the National Transportation Policy as set forth in sections 10101 and 13101 of title 49. (2) The expansion and improvement of the inland waterways determined to be necessary by the Secretary of the Army under section 158 of the Water Resources Development Act of 1976 (Public Law 94–587) or estimated to be necessary under paragraph (3). (3) The requirements of the Nation through the year 2000 for transportation service, the portion thereof which should be provided by inland waterway carriers, and an estimate of the expansion and improvement of inland wa- terway capacity necessary to meet such re- quirements. (g) ‘‘Inland waterway user taxes and charges’’ de- fined For purposes of this section, the term ‘‘inland waterway user taxes and charges’’ means taxes imposed on the use of the inland and intra- coastal waterways of the United States and all alternatives to such taxes. (h) Report Not later than September 30, 1981, the Sec- retary of Transportation shall transmit to Con- gress a final report of the study required by this section, together with his findings and rec- ommendations (including necessary legislation) and the findings and recommendations of the Secretary of Commerce, the Secretary of the Treasury, the Secretary of Agriculture, the Sec- retary of Energy, the Attorney General of the United States, the Secretary of the Army, the Chairman of the Water Resources Council, and the Director of the Office of Management and Budget. (i) Authorization of appropriations There are hereby authorized to be appro- priated from time to time to the Secretary of Transportation such sums, not to exceed $8,000,000 in the aggregate, as may be necessary to carry out the study required by this section. (Pub. L. 95–502, title II, § 205, Oct. 21, 1978, 92 Stat. 1698; Pub. L. 104–88, title III, § 338, Dec. 29, 1995, 109 Stat. 954.) Editorial Notes CODIFICATION Section 158 of the Water Resources Development Act of 1976 (Public Law 94–587), referred to in subsec. (f)(2), is section 158 of Pub. L. 94–587, Oct. 22, 1976, 90 Stat. 2933, which is set out as a note under section 540 of this title. AMENDMENTS 1995—Subsec. (f)(1). Pub. L. 104–88 substituted ‘‘as set forth in sections 10101 and 13101 of title 49’’ for ‘‘as set forth in the preamble to the Transportation Act of 1940’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transpor- tation. SHORT TITLE For short title of title II of Pub. L. 95–502 as the ‘‘In- land Waterways Revenue Act of 1978’’, see section 201 of Pub. L. 95–502, set out as a Short Title of 1978 Amend- ment note under section 1 of Title 26, Internal Revenue Code. § 1804. Inland and intracoastal waterways of the United States For purposes of section 4042 of title 26 (relat- ing to tax on fuel used in commercial transpor- tation on inland waterways) and for purposes of section 1802 1 of this title, the following inland and intracoastal waterways of the United States are described in this section: (1) Alabama-Coosa Rivers: From junction with the Tombigbee River at river mile (here- inafter referred to as RM) 0 to junction with Coosa River at RM 314. Page 658 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1804 2 So in original. Probably should be ‘‘Chattahoochee’’. 3 So in original. Probably should be ‘‘Albemarle’’. (2) Allegheny River: From confluence with the Monongahela River to form the Ohio River at RM 0 to the head of the existing project at East Brady, Pennsylvania, RM 72. (3) Apalachicola-Chattahoochee and Flint Rivers: Apalachicola River from mouth at Apalachicola Bay (intersection with the Gulf Intracoastal Waterway) RM 0 to junction with Chattachoochee 2 and Flint Rivers at RM 107.8. Chattachoochee 2 River from junction with Apalachicola and Flint Rivers at RM 0 to Co- lumbus, Georgia, at RM 155 and Flint River, from junction with Apalachicola and Chat- tahoochee Rivers at RM 0 to Bainbridge, Geor- gia, at RM 28. (4) Arkansas River (McClellan-Kerr Arkan- sas River Navigation System): From junction with Mississippi River at RM 0 to port of Catoosa, Oklahoma, at RM 448.2. (5) Atchafalaya River: From RM 0 at its intersection with the Gulf Intracoastal Water- way at Morgan City, Louisiana, upstream to junction with Red River at RM 116.8. (6) Atlantic Intracoastal Waterway: Two in- land water routes approximately paralleling the Atlantic coast between Norfolk, Virginia, and Miami, Florida, for 1,192 miles via both the Albermarle 3 and Chesapeake Canal and Great Dismal Swamp Canal routes. (7) Black Warrior-Tombigbee-Mobile Rivers: Black Warrior River System from RM 2.9, Mo- bile River (at Chickasaw Creek) to confluence with Tombigbee River at RM 45. Tombigbee River (to Demopolis at RM 215.4) to port of Birmingham, RM’s 374–411 and upstream to head of navigation on Mulberry Fork (RM 429.6), Locust Fork (RM 407.8), and Sipsey Fork (RM 430.4). (8) Columbia River (Columbia-Snake Rivers Inland Waterways): From The Dalles at RM 191.5 to Pasco, Washington (McNary Pool), at RM 330, Snake River from RM 0 at the mouth to RM 231.5 at Johnson Bar Landing, Idaho. (9) Cumberland River: Junction with Ohio River at RM 0 to head of navigation, upstream to Carthage, Tennessee, at RM 313.5. (10) Green and Barren Rivers: Green River from junction with the Ohio River at RM 0 to head of navigation at RM 149.1. (11) Gulf Intracoastal Waterway: From St. Mark’s River, Florida, to Brownsville, Texas, 1,134.5 miles. (12) Illinois Waterway (Calumet-Sag Chan- nel): From the junction of the Illinois River with the Mississippi River RM 0 to Chicago Harbor at Lake Michigan, approximately RM 350. (13) Kanawha River: From junction with Ohio River at RM 0 to RM 90.6 at Deepwater, West Virginia. (14) Kaskaskia River: From junction with the Mississippi River at RM 0 to RM 36.2 at Fayetteville, Illinois. (15) Kentucky River: From junction with Ohio River at RM 0 to confluence of Middle and North Forks at RM 258.6. (16) Lower Mississippi River: From Baton Rouge, Louisiana, RM 233.9 to Cairo, Illinois, RM 953.8. (17) Upper Mississippi River: From Cairo, Il- linois, RM 953.8 to Minneapolis, Minnesota, RM 1,811.4. (18) Missouri River: From junction with Mis- sissippi River at RM 0 to Sioux City, Iowa, at RM 734.8. (19) Monongahela River: From junction with Allegheny River to form the Ohio River at RM 0 to junction of the Tygart and West Fork Riv- ers, Fairmont, West Virginia, at RM 128.7. (20) Ohio River: From junction with the Mis- sissippi River at RM 0 to junction of the Alle- gheny and Monongahela Rivers at Pittsburgh, Pennsylvania, at RM 981. (21) Ouachita-Black Rivers: From the mouth of the Black River at its junction with the Red River at RM 0 to RM 351 at Camden, Arkansas. (22) Pearl River: From junction of West Pearl River with the Rigolets at RM 0 to Boga- lusa, Louisiana, RM 58. (23) Red River: From RM 0 to the mouth of Cypress Bayou at RM 236. (24) Tennessee River: From junction with Ohio River at RM 0 to confluence with Hol- stein and French Rivers at RM 652. (25) White River: From RM 9.8 to RM 255 at Newport, Arkansas. (26) Willamette River: From RM 21 upstream of Portland, Oregon, to Harrisburg, Oregon, at RM 194. (27) Tennessee-Tombigbee Waterway: From its confluence with the Tennessee River to the Warrior River at Demopolis, Alabama. (Pub. L. 95–502, title II, § 206, Oct. 21, 1978, 92 Stat. 1700; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99–662, title XIV, § 1404(b), Nov. 17, 1986, 100 Stat. 4270.) Editorial Notes REFERENCES IN TEXT Section 1802 of this title, referred to in text, was re- pealed by Pub. L. 99–662, title XIV, § 1405(b), Nov. 17, 1986, 100 Stat. 4271. AMENDMENTS 1986—Pub. L. 99–514, in introductory provisions, sub- stituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, which for purposes of codifica- tion was translated as ‘‘title 26’’ thus requiring no change in text. Par. (27). Pub. L. 99–662 added par. (27). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–662 effective Jan. 1, 1987, see section 1404(c) of Pub. L. 99–662 set out as a note under section 4042 of Title 26, Internal Revenue Code. CHAPTER 33—PREVENTION OF POLLUTION FROM SHIPS Sec. 1901. Definitions. 1902. Ships subject to preventive measures. 1902a. Repealed. 1903. Administration and enforcement. 1904. Certificates. 1905. Pollution reception facilities. 1906. Incidents involving ships. 1907. Violations. 1908. Penalties for violations. 1909. MARPOL Protocol; proposed amendments.