33 U.S.C. § 2238c — Additional measures at donor ports and energy transfer ports

submitted 12 years ago by Pub. L. 113-121 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 1,050 words · no verdicts yet

in plain englishAI-generated · not legal advice

A translation hasn’t been published for this section yet. The official text below is complete and authoritative.

the actual law source: uscode.house.gov ↗public domain

(a) Definitions

In this section:

(1) Cargo container

The term “cargo container” means a cargo container that is 1 Twenty-foot Equivalent Unit.

(2) Discretionary cargo

The term “discretionary cargo” means maritime cargo for which the United States port of unlading is different than the United States port of entry.

(3) Donor port

(A) In general

The term “donor port” means a port—

(i)

that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or a successor regulation);

(ii)

at which the total amount of harbor maintenance taxes collected (including the estimated taxes related to domestic cargo and cruise passengers) comprise not less than $15,000,000 annually of the total funding of the Harbor Maintenance Trust Fund on an average annual basis for the previous 3 fiscal years;

(iii)

that received less than 25 percent of the total amount of harbor maintenance taxes collected (including the estimated taxes related to domestic cargo and cruise passengers) at that port in the previous 3 fiscal years; and

(iv)

that is located in a State in which more than 2,000,000 cargo containers were unloaded from or loaded on to vessels on an average annual basis for the previous 3 fiscal years.

(B) Calculation

For the purpose of calculating the percentage described in subparagraph (A)(iii), payments described under subsection (c)(1) shall not be included.

(4) Energy commodity

The term “energy commodity” includes—

(A)

petroleum products;

(B)

natural gas;

(C)

coal;

(D)

wind and solar energy components; and

(E)

biofuels.

(5) Energy transfer port

The term “energy transfer port” means a port—

(A)

that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or any successor regulation); and

(B)

(i)

at which energy commodities comprised greater than 25 percent of all commercial activity by tonnage on an average annual basis for the previous 3 fiscal years; and

(ii)

through which more than 40,000,000 tons of cargo were transported on an average annual basis for the previous 3 fiscal years.

(6) Expanded uses

The term “expanded uses” has the meaning given the term in section 2238(f) of this title.

(7) Harbor maintenance tax

The term “harbor maintenance tax” has the meaning given the term in section 2238(f) of this title.

(8) Harbor maintenance trust fund

The term “Harbor Maintenance Trust Fund” means the Harbor Maintenance Trust Fund established by section 9505 of title 26.

(9) Medium-sized donor port

The term “medium-sized donor port” means a port—

(A)

that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or a successor regulation);

(B)

at which the total amount of harbor maintenance taxes collected (including the estimated taxes related to domestic cargo and cruise passengers) comprise annually more than $5,000,000 but less than $15,000,000 of the total funding of the Harbor Maintenance Trust Fund on an average annual basis for the previous 3 fiscal years;

(C)

(D)

that is located in a State in which more than 2,000,000 cargo containers were unloaded from or loaded onto vessels on an average annual basis for the previous 3 fiscal years.

(b) Authority

(1) In general

Subject to the availability of appropriations, the Secretary may provide to donor ports, medium-sized donor ports, and energy transfer ports amounts in accordance with this section.

(2) Limitations

Amounts provided under this section—

(A)

for energy transfer ports shall be divided equally among all States with an energy transfer port;

(B)

shall be made available to a port as either a donor port, medium-sized donor port, or an energy transfer port, and no port may receive amounts from more than 1 designation; and

(C)

for donor ports and medium-sized donor ports—

(i)

50 percent of the funds shall be equally divided between the eligible donor ports as authorized by this section; and

(ii)

50 percent of the funds shall be divided between the eligible donor ports and eligible medium-sized donor ports based on the percentage of the total harbor maintenance tax revenues generated at each eligible donor port and medium-sized donor port.

Amounts provided under this section may be used by a donor port, a medium-sized donor port, or an energy transfer port—

(1)

to provide payments to importers entering cargo through that port, as calculated by the Secretary according to the value of discretionary cargo;

(2)

for expanded uses; or

(3)

for environmental remediation related to dredging berths and Federal navigation channels.

(d) Administration of payments

(1) In general

If a donor port, a medium-sized donor port, or an energy transfer port elects to provide payments to importers under subsection (c), the Secretary shall transfer to the Commissioner of U.S. Customs and Border Protection an amount equal to those payments that would otherwise be provided to the port under this section to provide the payments to the importers of the discretionary cargo that is—

(A)

shipped through the port; and

(B)

most at risk of diversion to seaports outside of the United States.

(2) Requirement

The Secretary, in consultation with a port electing to provide payments under subsection (c), shall determine the top importers at the port, as ranked by the value of discretionary cargo, and payments shall be limited to those top importers.

(e) Authorization of appropriations

(1) In general

There are authorized to be appropriated to carry out this section—

(A)

$56,000,000 for fiscal year 2023;

(B)

$58,000,000 for fiscal year 2024;

(C)

$60,000,000 for fiscal year 2025;

(D)

$62,000,000 for fiscal year 2026;

(E)

$64,000,000 for fiscal year 2027;

(F)

$66,000,000 for fiscal year 2028;

(G)

$68,000,000 for fiscal year 2029; and

(H)

$70,000,000 for fiscal year 2030.

(2) Division between donor ports, medium-sized donor ports, and energy transfer ports

For each fiscal year, amounts made available to carry out this section shall be provided in equal amounts to—

(A)

donor ports and medium-sized donor ports; and

(B)

energy transfer ports.

(f) Savings clause

Nothing in this section waives any statutory requirement related to the transportation of merchandise as authorized under chapter 551 of title 46.

Source credit: (Pub. L. 113–121, title II, § 2106, June 10, 2014, 128 Stat. 1280; Pub. L. 114–322, title I, § 1110, Dec. 16, 2016, 130 Stat. 1634; Pub. L. 116–260, div. AA, title I, § 104(a)–(b)(2), Dec. 27, 2020, 134 Stat. 2621, 2622.)

history & why it existsrecord from the source credit

2014Enacted · Pub. L. 113-121 · 128 Stat. 1280
2016Amended · Pub. L. 114-322 · 130 Stat. 1634
2020Amended · Pub. L. 116-260 · 134 Stat. 2621, 2622

A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-121 on 2014-06-10.

all 0 arguments · sorted by: best

no arguments yet — make the first case