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33 U.S.C. § 2241Definitions

submitted 40 years ago by Pub. L. 99-662 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 612 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines harbor types, eligible operation and maintenance, nominal depth, non-Federal interest, and the geographic scope of the United States for this subchapter.

For this subchapter: (1) “Deep-draft harbor” means a harbor authorized to be built deeper than 45 feet, except a section 202 project. (2)(A) Unless (B) applies, “eligible operations and maintenance” means all Federal operation, maintenance, repair, and rehabilitation, including reasonably necessary maintenance dredging to maintain width and nominal depth; necessary dredged-material disposal facilities; dredging and disposal of contaminated sediment in or affecting Federal navigation-channel maintenance; mitigation for Federal navigation operation and maintenance impacts; and operation and maintenance of disposal facilities. (B) For the Saint Lawrence Seaway, it means all operation, maintenance, repair, and rehabilitation, including reasonably necessary dredging to keep the Seaway or Great Lakes St. Lawrence Seaway Development Corporation improvements operating and reasonably repaired. (C) It excludes providing lands, easements, or rights-of-way and required relocations. (3) “General cargo harbor” means a section 202 harbor and any harbor authorized deeper than 20 but no deeper than 45 feet. (4) “Harbor” means a United States channel or harbor, or part of one, usable for commercial-vessel domestic or foreign waterborne commerce. It excludes inland harbors; the Saint Lawrence Seaway; local access or berthing channels; channels or harbors built or maintained by nonpublic interests; and Columbia River portions other than downstream channels of Bonneville lock and dam. (5) “Inland harbor” means a navigation project principally accommodating commercial vessels and receiving and shipping waterborne cargo on inland waters. It excludes Great Lakes projects; tidal projects; projects deeper than 20 feet; local access or berthing channels; and projects built or maintained by nonpublic interests. (6) “Nominal depth” means the stated project depth, including greater depth that must be maintained to ensure safe passage at mean low tide of a vessel requiring the stated depth. (7) “Non-Federal interest” has the meaning in section 1962d–5b of title 42 and includes an interstate agency and a port authority created by a congressionally consented compact. (8) “United States” includes all areas within its territorial boundaries, including the States, District of Columbia, Puerto Rico, Virgin Islands, Guam, American Samoa, Trust Territory of the Pacific Islands, Northern Mariana Islands, and other territory or possession under United States jurisdiction.
the actual law source: uscode.house.gov ↗public domain

For purposes of this subchapter—

(1) Deep-draft harbor

The term “deep-draft harbor” means a harbor 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 maintenance” means all Federal operations, maintenance, 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 Federal navigation channels; (iv) mitigating for impacts resulting from Federal navigation operation and maintenance activities; and (v) operating and maintaining dredged material disposal facilities.

(B)

As applied to the Saint Lawrence Seaway, the term “eligible operations and maintenance” means all operations, maintenance, repair, and rehabilitation, including maintenance dredging reasonably necessary to keep such Seaway or navigation improvements operated or maintained by the Great Lakes St. Lawrence Seaway Development Corporation in operation and reasonable state of repair.

(C)

The term “eligible operations and maintenance” does not include providing any lands, easements, or rights-of-way, or performing relocations 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 States, capable of being utilized in the transportation 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 navigation 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 influence;

(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 relation to the stated depth for any navigation improvement project, such depth, including any greater depths which must be maintained for any harbor or inland harbor or element thereof included within such project in order to ensure 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 compact 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 Commonwealth 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 jurisdiction.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1986Enacted · Pub. L. 99-662 · 100 Stat. 4108
  • 1996Amended · Pub. L. 104-303 · 110 Stat. 3672
  • 2020Amended · Pub. L. 116-260 · 134 Stat. 2756

A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-662 on 1986-11-17.

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