Essential Waterways Operations and Maintenance Act of 2004

Essential Waterways Operations and Maintenance Act of 2004 - Makes available for each fiscal year to the Secretary of the Army, acting through the Chief of Engineers, for operations and maintenance of essential waterways (in addition to amounts otherwise made available for operations and maintenance), five percent of the amount of duties collected during the preceding fiscal year on articles transported by vessel unladen for purposes of entering the customs territory of the United States.

Defines an "essential waterway" as a waterway that: (1) the Secretary of the Army determines provides service to one of the 25 highest ranked U.S. ports in terms of total tonnage of cargo transported through the port; (2) the Secretary of Energy determines is a critical component of the U.S. energy infrastructure; (3) the Secretary of Homeland Security determines provides service to at least one militarily and economically strategic port; or (4) the Secretary of Transportation determines provides service to at least one commercially strategic port.

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4819 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4819

 To provide funding for the operations and maintenance by the Corps of 
                   Engineers of essential waterways.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 13, 2004

   Mr. John introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
Committee on Ways and Means, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To provide funding for the operations and maintenance by the Corps of 
                   Engineers of essential waterways.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Essential Waterways Operations and 
Maintenance Act of 2004''.

SEC. 2. ESSENTIAL WATERWAYS OPERATIONS AND MAINTENANCE.

    (a) In General.--For each fiscal year, there shall be available to 
the Secretary of the Army, acting through the Chief of Engineers, for 
operations and maintenance of essential waterways 5 percent of the 
amount of duties collected during the preceding fiscal year on articles 
transported by vessel unladen for purposes of entering the customs 
territory of the United States.
    (b) Selection Criteria for Essential Waterways.--For purposes of 
this section, an essential waterway is a waterway that--
            (1) the Secretary of the Army determines provides service 
        to one of the 25 highest ranked United States ports in terms of 
        total tonnage of cargo transported through the port;
            (2) the Secretary of Energy, in consultation with the 
        Secretary of Homeland Security, determines is a critical 
        component of the United States energy infrastructure; and
            (3)(A) the Secretary of Homeland Security determines 
        provides service to at least one militarily and economically 
        strategic port; or
            (B) the Secretary of Transportation determines provides 
        service to at least one commercially strategic port.
    (c) Maintenance of Effort.--Amounts made available to the Secretary 
of the Army pursuant to subsection (a) are in addition to amounts 
otherwise made available to the Secretary for operations and 
maintenance.
    (d) Definitions.--For purposes of this section, the following terms 
apply:
            (1) Customs territory of the united states.--The term 
        ``customs territory of the United States'' has the meaning 
        given that term in general note 2 of the Harmonized Tariff 
        Schedule of the United States.
            (2) Vessel.--The term ``vessel'' has the meaning given that 
        term in section 401 of the Tariff Act of 1930 (19 U.S.C. 1401).
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