Port Development and Navigation Improvement Act of 1982

(Reported to House from Committee on Merchant Marine and Fisheries with amendment, H. Rept.97-454 (Part I))

Port Development and Navigation Improvement Act of 1982 - Sets forth the findings of Congress concerning deep-draft commercial ports in the United States.

Title I: Priority Approval Program for Maintenance and Navigation Improvement Projects - Directs the Secretary of the Army, through the Chief of Engineers, to submit to Congress within two years after enactment of this Act a comprehensive, five-year port development and maintenance program. Requires such program to include alternate disposal sites for dredged or fill material.

Directs the Secretary, in cooperation with the Administrator of the Environmental Protection Agency, to submit to Congress a programmatic environmental impact statement, including an analysis of the adequacy of deep-draft commercial ports to accommodate increasing import and export trade.

Provides for veto of such maintenance programs and navigational improvement projects by concurrent resolution of Congress within 60 days.

Directs the Secretary to submit to Congress modifications of approved maintenance and navigational improvement projects.

Declares that if Congress fails to adopt a concurrent congressional resolution of disapproval (congressional veto) within 60 days following receipt of specified documents concerning dredging or changes in maintenance projects, such changes or projects shall be deemed approved.

Describes conditions of eligibility for priority construction by the Secretary of navigation improvement projects subject to congressional approval. Sets forth documentation requirements for such projects.

Requires the Secretary and the State port authority concerned to enter into a cost-sharing agreement in which the State port authority agrees to reimburse the United States for 50 percent of the construction funds appropriated and 75 percent of the additional annual operating and maintenance costs of such project.

Permits a State port authority that constructs a navigation improvement project on its own to finance such construction through a uniform system of user fees in the form of tonnage duties.

Provides for mandatory contribution by adjacent ports for the construction and maintenance of navigation improvement projects involving common entrance channels from which such an adjacent port derives benefits.

Makes eligible for construction financing assistance certain navigation improvement projects, for which permits were approved under the Federal Water Pollution Control Act, where such projects will increase the depth of deep-draft commercial port channels (other than access channels) to more than 45 feet.

Directs the Secretary, on a continuing basis, to determine: (1) the dredging or other operation and maintenance necessary for a project and for associated access channels and berthing areas; and (2) the sites at which dredged or fill material should be disposed.

Requires the Secretary to enter into memorandums of agreement with: (1) the Administrator in regard to the disposal of dredged and fill material into ocean or navigable waters; and (2) the Secretaries of the Interior and Commerce concerning the environmental aspects of the maintenance and improvement of federally authorized channels in deep-draft commercial ports.

Sets forth procedures for congressional approval of new navigational improvement projects.

Title II: Financing of Navigation Improvement Projects - Grants the consent of Congress to the levying by States of tonnage duties. Lists the purposes of such duties, including reimbursement of the United States in regard to navigation improvement projects.

Authorizes State port authorities to use such tonnage duties for specified purposes, including: (1) port safety and security; (2) emergency response services; and (3) relocation of submerged cables and pipelines.

Directs the Secretary to establish guidelines by which State port authorities shall compute the rates of such tonnage duties.

Directs the Comptroller General to audit periodically the operations of State port authorities dealing with such tonnage duties.

Sets forth procedures for the enforcement of the collection of such tonnage duties.

Title III: Miscellaneous Provisions - Authorizes appropriations.

Allows the Secretary, upon congressional approval, to transfer funds from existing Department of the Army civil appropriations pending appropriation of such authorized sums.

Title IV: U.S.-Flag Transportation of Dry Bulk Commodities - Sets forth the findings of Congress regarding the shipment in international trade of dry bulk import and export commodities.

Directs the Secretary of Transportation to negotiate a Governing International Maritime Agreement with each nation with which the United States traded a specified amount of dry bulk cargo in 1980. Directs the Secretary to negotiate such an agreement also with nations whose U.S. trade was less than the specified amount if such a nation asks to negotiate an agreement.

Lists the essential provisions of a Governing International Maritime Agreement. Directs the Secretary to enter into such an agreement with any group of nations which desires to execute the agreement on a regional basis.

Prohibits such an agreement from becoming effective until 60 days after it is transmitted to Congress. Sets forth procedures for congressional veto of such an agreement.

Prohibits a non-national-flag ship from transporting dry bulk commodities with a trading partner except as authorized by the Governing International Maritime Agreement.

Provides that five years after enactment of this Act: (1) non-national-flag ships not documented under the laws of a trading partner are prohibited from transporting dry bulk commodities; and (2) such ships documented under the laws of a trading partner are authorized to transport dry bulk commodities between the United States and any nation not a party to such an agreement.

Directs the Secretary and the Secretary of the Treasury to implement procedures to insure that non-national-flag ships do not transport bulk commodities in excess of the authorized amount.

Directs the Secretary to establish an advisory committee to assist in implementing this Act. Directs the Secretary and the committee to report to Congress annually on actions taken pursuant to this Act.