33 U.S.C. § 2241 — Definitions

Page 738 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2240 Harbor. Such sums shall remain available until ex- pended. ‘‘(d) REPORTS.—Not later than September 30, 1998, and periodically thereafter, the Administrator and the Sec- retary shall transmit to Congress a report on the re- sults 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 sub- section (a)(3). ‘‘(e) SUPPORT.—In carrying out the program under this section, the Secretary is encouraged to use con- tracts, cooperative agreements, and grants with col- leges 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 en- actment 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 des- ignating 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 en- actment 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 in- clude— ‘‘(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 contami- nants in materials proposed to be dredged from the Harbor through source controls and decontamination technology; ‘‘(5) a program for monitoring the physical, chem- ical, and biological effects of dumping dredged mate- rial 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 Environ- mental Protection Agency, shall implement a dem- onstration 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. Environ- mentally sound alternatives may include, among oth- ers, capping of borrow pits, construction of a contain- ment island, application for landfill cover, habitat res- toration, and use of decontamination technology. ‘‘(d) MUD DUMP SITE DEFINED.—For purposes of this section, the term ‘Mud Dump Site’ means the area lo- cated approximately 53⁄4 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 fis- cal 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 De- velopment Act of 1986 (33 U.S.C. 2239) is repealed.’’ § 2240. Emergency response services (a) Grants The Secretary is authorized to make grants to any non-Federal interest operating a project for a harbor for provision of emergency response services in such harbor (including contingency planning, necessary personnel training, and the procurement of equipment and facilities either by the non-Federal interest, by a local agency or municipality, or by a combination of local agen- cies or municipalities on a cost-reimbursable basis, either by a cooperative agreement, mu- tual aid plan, or mutual assistance plan entered into between one or more non-Federal interests, public agencies, or local municipalities). (b) Authorization of appropriations There is authorized to be appropriated for fis- cal years beginning after September 30, 1986, and ending before October 1, 1992, $5,000,000. (Pub. L. 99–662, title II, § 212, Nov. 17, 1986, 100 Stat. 4107.) § 2241. Definitions For purposes of this subchapter— (1) Deep-draft harbor The term ‘‘deep-draft harbor’’ means a har- bor which is authorized to be constructed to a depth of more than 45 feet (other than a project which is authorized by section 202 of this title). (2) Eligible operations and maintenance (A) Except as provided in subparagraph (B), the term ‘‘eligible operations and mainte- nance’’ means all Federal operations, mainte- nance, repair, and rehabilitation, including (i) maintenance dredging reasonably necessary to maintain the width and nominal depth of any harbor or inland harbor; (ii) the construction of dredged material disposal facilities that are necessary for the operation and maintenance of any harbor or inland harbor; (iii) dredging and disposing of contaminated sediments that are in or that affect the maintenance of Fed- eral navigation channels; (iv) mitigating for impacts resulting from Federal navigation op- eration and maintenance activities; and (v) op- erating and maintaining dredged material dis- posal facilities. (B) As applied to the Saint Lawrence Sea- way, the term ‘‘eligible operations and main- tenance’’ means all operations, maintenance, repair, and rehabilitation, including mainte- nance dredging reasonably necessary to keep such Seaway or navigation improvements op- erated or maintained by the Great Lakes St. Lawrence Seaway Development Corporation in operation and reasonable state of repair. (C) The term ‘‘eligible operations and main- tenance’’ does not include providing any lands, easements, or rights-of-way, or performing re- locations required for project operations and maintenance. (3) General cargo harbor The term ‘‘general cargo harbor’’ means a harbor for which a project is authorized by section 202 of this title and any other harbor which is authorized to be constructed to a depth of more than 20 feet but not more than 45 feet; (4) Harbor The term ‘‘harbor’’ means any channel or harbor, or element thereof, in the United 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 included within the territorial boundaries of the United States, including the several States, the District of Columbia, the Common- wealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Northern Mariana Islands, and any other territory or possession over which the United States exercises juris- diction. (Pub. L. 99–662, title II, § 214, Nov. 17, 1986, 100 Stat. 4108; Pub. L. 104–303, title II, § 201(e), Oct. 12, 1996, 110 Stat. 3672; Pub. L. 116–260, div. AA, title V, § 512(c)(5)(C), Dec. 27, 2020, 134 Stat. 2756.) Editorial Notes REFERENCES IN TEXT Section 202 of this title, referred to in pars. (1) and (3), is section 202 of title II of Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4091, which is not classified to the Code. AMENDMENTS 2020—Par. (2)(B). Pub. L. 116–260 substituted ‘‘Great Lakes St. Lawrence Seaway Development Corporation’’ for ‘‘Saint Lawrence Seaway Development Corpora- tion’’. 1996—Par. (2)(A). Pub. L. 104–303, § 201(e)(1), inserted ‘‘Federal’’ after ‘‘means all’’ and ‘‘(i)’’ after ‘‘includ- ing’’, and inserted before period at end a semicolon and cls. (ii) to (v). Par. (2)(C). Pub. L. 104–303, § 201(e)(2), substituted ‘‘or rights-of-way,’’ for ‘‘rights-of-way, or dredged material disposal areas,’’. Statutory Notes and Related Subsidiaries INCREASES IN NON-FEDERAL SHARE OF COSTS Amendment by Pub. L. 104–303 not to increase, or re- sult in increase of, non-Federal share of costs of ex- panding any confined dredged material disposal facility that is operated by Secretary and authorized for cost recovery through collection of tolls, any confined dredged material disposal facility for which invitation for bids for construction was issued before Oct. 12, 1996, and expanding any confined dredged material disposal facility constructed under section 1293a of this title if capacity of confined dredged material disposal facility was exceeded in less than 6 years, see section 201(g) of Pub. L. 104–303, set out as a note under section 2211 of this title. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 2242. Remote and subsistence harbors (a) In general In conducting a study of harbor and naviga- tion improvements, the Secretary may rec- ommend a project without the need to dem- onstrate that the project is justified solely by national economic development benefits if the Secretary determines that— (1) the project would be located in the State of Hawaii or Alaska, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, or American Samoa; and (2)(A) over 80 percent of the goods trans- ported through the harbor would be consumed within the United States, as determined by the Secretary, including consideration of in- formation provided by the non-Federal inter- est; or (B) the long-term viability of the commu- nity in which the project is located, or the long-term viability of a community that is lo- cated in the region that is served by the project and that will rely on the project, would be threatened without the harbor and navigation improvement. (b) Justification In considering whether to recommend a project under subsection (a), the Secretary shall consider the benefits of the project to any of— (1) public health and safety of the local com- munity and communities that are located in the region to be served by the project and that will rely on the project, including access to fa- cilities designed to protect public health and safety; (2) access to natural resources for subsist- ence purposes;