33 U.S.C. § 2235 — Construction in usable increments

Page 725 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2236 (g) Progress reports Six months before the final date of the sched- ule, the Secretary shall provide to Congress a written progress report for each navigation project for a harbor or inland harbor subject to this section. The Secretary shall transmit the report to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate. The report shall summa- rize all work completed under the agreement and shall include a detailed work program that will assure completion of all remaining work under the agreement. (h) Final decision Not later than the final day of the schedule, the Secretary shall notify the non-Federal inter- est of the final decision on the project and whether the permit or permits have been issued. (i) Report on timesavings methods Not later than one year after November 17, 1986, the Secretary shall prepare and transmit to Congress a report estimating the time required for the issuance of all Federal, State, and local permits for the construction of navigation projects for harbors or inland harbors and asso- ciated activities. The Secretary shall include in that report recommendations for further reduc- ing the amount of time required for the issuance of those permits, including any proposed changes in existing law. (Pub. L. 99–662, title II, § 205, Nov. 17, 1986, 100 Stat. 4101.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Public Works and Transportation of House of Representatives treated as referring to Com- mittee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Con- gress. § 2234. Nonapplicability to Saint Lawrence Sea- way Sections 2231, 2232, and 2233 of this title do not apply to any harbor or inland harbor project for that portion of the Saint Lawrence Seaway ad- ministered by the Great Lakes St. Lawrence Seaway Development Corporation. (Pub. L. 99–662, title II, § 206, Nov. 17, 1986, 100 Stat. 4102; Pub. L. 116–260, div. AA, title V, § 512(c)(5)(A), Dec. 27, 2020, 134 Stat. 2756.) Editorial Notes AMENDMENTS 2020—Pub. L. 116–260 substituted ‘‘Great Lakes St. Lawrence Seaway Development Corporation’’ for ‘‘Saint Lawrence Seaway Development Corporation’’. § 2235. Construction in usable increments 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. (Pub. L. 99–662, title II, § 207, Nov. 17, 1986, 100 Stat. 4102.) § 2236. Port or harbor dues (a) Consent of Congress Subject to the following conditions, a non- Federal interest may levy port or harbor dues (in the form of tonnage duties or fees) on a ves- sel engaged in trade entering or departing from a harbor and on cargo loaded on or unloaded from that vessel under clauses 2 and 3 of section 10, and under clause 3 of section 8, of Article 1 of the Constitution: (1) Purposes Port or harbor dues may be levied only in conjunction with a harbor navigation project whose construction is complete (including a usable increment of the project) and for the following purposes and in amounts not to ex- ceed those necessary to carry out those pur- poses: (A)(i) to finance the non-Federal share of construction and operation and maintenance costs of a navigation project for a harbor under the requirements of section 2211 of this title; or (ii) to finance the cost of construction and operation and maintenance of a navigation project for a harbor under section 2232 or 2233 of this title; and (B) provide emergency response services in the harbor, including contingency planning, necessary personnel training, and the pro- curement of equipment and facilities. (2) Limitation on port or harbor dues for emer- gency service Port or harbor dues may not be levied for the purposes described in paragraph (1)(B) of this subsection after the dues cease to be lev- ied for the purposes described in paragraph (1)(A) of this subsection. (3) General limitations (A) Port or harbor dues may not be levied under this section in conjunction with a deep- ening feature of a navigation improvement project on any vessel if that vessel, based on its design draft, could have utilized the project at mean low water before construction. In the case of project features which solely— (i) widen channels or harbors, (ii) create or enlarge bend easings, turning basins or anchorage areas, or provide pro- tected areas, or (iii) remove obstructions to navigation, only vessels at least comparable in size to those used to justify these features may be charged under this section. (B) In developing port or harbor dues that may be charged under this section on vessels for project features constructed under this subchapter, the non-Federal interest may con- sider such criteria as: elapsed time of passage, safety of passage, vessel economy of scale, under keel clearance, vessel draft, vessel squat, vessel speed, sinkage, and trim. (C) Port or harbor dues authorized by this section shall not be imposed on— (i) vessels owned and operated by the United States Government, a foreign coun- try, a State, or a political subdivision of a country or State, unless engaged in commer- cial services;