A bill to provide for the operation, maintenance, and construction of deep-draft channels and harbors, and for other purposes.
National Harbor Improvement and Maintenance Act of 1983 - Title I: Operations and Maintenance - Authorizes the Secretary of the Army, acting through the Chief of Engineers, to enter into cooperative agreements with appropriate non-Federal interests to maintain the deep-draft channels and harbors of the United States at specified depths and widths. Prohibits the Secretary, after October 1, 1983, from expending funds for such maintenance except as authorized under this title. Authorizes appropriations for the purpose of this title for FY 1984 through 1988.
Requires the Secretary to impose a specified uniform cargo tonnage fee on certain commercial vessels using one or more deepwater channels or harbors. Requires such fees, after September 30, 1987, to recover an annual amount equaling 50 percent of the Corps of Engineers anticipated operation and maintenance expenditures on deepwater channels or harbors (including all administration costs). Requires the Secretary to adjust such fees after September 30, 1987, on the basis of: (1) anticipated corps expenditures for the operation and maintenance of all deepwater channels and harbors; (2) corrections for actual expenditures and amounts recovered; and (3) the expected volume of commercial traffic.
Prohibits expending any Federal funds after September 30, 1985, for operation and maintenance of a deepwater channel or harbor project if the Chief of Engineers determines that such cost per tonnage of seagoing cargo at such project exceeds the national average by five times (unless a non-Federal public body agrees to reimburse any excess expenditures).
Requires fees collected solely for use of the Great Lakes connecting channels to be credited to the Saint Lawrence Seaway Development Corporation for the reduction of tolls on the seaway. Allows such fees to be waived as part of any international agreement of reciprocity. Authorizes appropriations for one-half of the obligations of the Saint Lawrence Seaway Development Corporation related to operation and maintenance costs (beginning October 1, 1984); and, reduces seaway tolls accordingly.
Requires the Secretary to be responsible for the full cost of maintaining: (1) the connecting channels between the Great Lakes and (2) any deep-draft channel and harbor of the United States authorized to serve as a harbor of refuge and which lacks significant commercial waterway transportation.
Requires the Secretary to establish requirements for data collection and vessel right-of-way (needed for developing fee schedules and determining violations). Requires such data to be available to the public and protected from public disclosure under specified Federal law.
Amends the Rivers and Harbors Appropriation Act of 1922 to increase the fine from $100 to no more than $200,000 for failure to furnish certain information statements to the Secretary of the Army.
Requires the Secretary to enter into cooperative agreements to maintain deep-draft channels and harbors with the appropriate non-Federal public body in accordance with Federal law. Requires the appropriate non-Federal body, before the Secretary undertakes such operations, to further agree in writing to hold and save the United States harmless from liability for damages (except for damages caused by negligence of the United States or of its contractors).
Declares that this Act shall not prohibit Federal expenditures for emergency flood preparations, flood fighting, or repairs to deep-draft channels and harbors necessitated by a natural disaster.
Allows a non-Federal interest to be granted a waiver from certain contractual requirements of this Act.
Sets forth provisions for violations of, and the enforcement of, this Act. Authorizes employees and officers of the U.S. Customs Service, at the request or delegation of the Secretary, to act, on a reimbursable basis as agents for the collection of fees prescribed by this Act and for the enforcement of this Act. Requires the Secretary to enter into a memorandum of understanding with the Secretary of the Treasury specifying: (1) the duties and responsibilities of the U.S. Customs Service; and (2) the administrative costs for the collection of such fees, when requested to do so by the Secretary.
Title II: Construction of Improvements - Authorizes the Secretary of the Army, acting through the Chief of Engineers, to study the feasibility of developing deepwater channels and harbors or improving, rehabilitating, or modifing existing channels and harbors which the Secretary determines to be reasonable and desirable for commercial waterway transportation. Authorizes the Secretary to accept up to 50 percent of the cost of preconstruction planning and design work from non-Federal public bodies in order to expedite completion of such studies.
Requires the Secretary and any non-Federal public body to enter into a cooperative agreement, consistent with a specified Federal law, prior to Federal initiation of construction projects either approved under this Act or previously authorized by Congress on which Federal construction has not yet begun. Requires such non-Federal public bodies to take certain actions pursuant to such agreements.
Requires the Secretary to credit excess amounts accumulated each year from fees and vessels toward the non-Federal body's share of the construction costs of an authorized project to deepen or widen a deepwater channel or harbor (provided that no more than $90,000,000 shall be so credited in any fiscal year and that the Secretary allocates such credited amounts according to the relative contribution of excess fees of each non-Federal public body). Declares that this title shall not be construed to prohibit non-Federal public bodies from securing financing through other means than under this Act or from providing more expenditious reimbursements pursuant to agreements with the Secretary.
Amends the Internal Revenue Code of 1954 to allow a tax exclusion for industrial development bonds issued to finance certain navigational channels and harbors and appurtenant works.
States the authorized purposes of the cooperative agreements between the Secretary and non-Federal public bodies. Requires the Secretary (not later than February 1, of each fiscal year) to submit to Congress: (1) a list of construction projects proposed for full funding in the succeeding fiscal year; and (2) a final environmental impact statement and a statement of the Secretary's compliance with specified Federal laws and other statutory requirements (on an expedited basis according to schedules established by the Secretary).
Authorizes the Secretary to complete channel and harbor construction projects for which construction was initiated prior to the enactment of this Act, subject to certain conditions.
Declares that this Act shall not prohibit or interfere with national defense transportation requirements. Authorizes Federal payment to the non-Federal public body for project costs directly related to national defense requirements.
Declares that the Secretary shall undertake no construction work on a deep-draft channel or harbor of the United States except under the terms of this title, beginning on October 1, 1983.
Title III: General Provisions - Permits any appropriate non-Federal interest to recover its reimbursement obligation by collecting fees from specified vessels and cargo, or from tolls or harbors user charges. States requirements for such fees.
Authorizes the Secretary to promulgate and periodically revise regulations and guidelines to govern the programs authorized by this Act. Prohibits the collection of any fees under this Act for: (1) vessels owned by or under charter to the United States or any other nation and not engaged in commercial waterway transportation; (2) vessels engaged in commercial waterway transportation owned by, or under charter to nations that exempt such vessels of the United States from similar fees in their ports; or (3) vessels used by a State or political subdivision thereby transporting persons or property in the business of the State or political subdivision.
Defines "deepwater channels and harbors" for purposes of this Act.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 973.
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
Subcommittee on Water Resources. Hearings held.
Subcommittee on Water Resources. Hearings held.
Subcommittee on Water Resources. Hearings held. Hearings printed: S.Hrg. 98-234 Pt. 2.
Subcommittee on Water Resources. Hearings concluded. Hearings printed: S.Hrg. 98-234 Pt.2.
Committee on Environment and Public Works. Provisions of measure incorporated into measure S. 1739 ordered to be reported.
checking server…
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line