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Title 33 — Navigation and Navigable WatersRelease 119-73

§2238b–1 Budgetary treatment expansion and adjustment for the Harbor Maintenance Trust Fund

Title 33 › Chapter CHAPTER 36— - WATER RESOURCES DEVELOPMENT › Subchapter SUBCHAPTER II— - HARBOR DEVELOPMENT › § 2238b–1

Last updated Apr 6, 2026|Official source

Summary

Limits how much the Army Corps of Engineers can take from the Harbor Maintenance Trust Fund. For this year and after, any discretionary Corps money from that fund must not be more than the sum of two things: the amount put into the fund two years earlier, plus a yearly cap of $500,000,000 for 2021; $600,000,000 for 2022; $700,000,000 for 2023; $800,000,000 for 2024; $900,000,000 for 2025; $1,000,000,000 for 2026; $1,200,000,000 for 2027; $1,300,000,000 for 2028; $1,400,000,000 for 2029; and $1,500,000,000 for 2030 and after. Separately, money from the Harbor fund for the Corps’ Operation and Maintenance account that carries out subsection (c) of section 2238c must not exceed $50,000,000 for 2021; $50,000,000 for 2022; $56,000,000 for 2023; $58,000,000 for 2024; $60,000,000 for 2025; $62,000,000 for 2026; $64,000,000 for 2027; $66,000,000 for 2028; $68,000,000 for 2029; and $70,000,000 for 2030.

Full Legal Text

Title 33, §2238b–1

Navigation and Navigable Waters — Source: USLM XML via OLRC

Any discretionary appropriation for the Corps of Engineers—
(1)derived from the Harbor Maintenance Trust Fund, in this fiscal year and thereafter, not to exceed the sum of—
(A)the total amount deposited in the Harbor Maintenance Trust Fund in the fiscal year that is two years prior to the fiscal year for which the appropriation is being made; and
(B)(i)$500,000,000 for fiscal year 2021;
(ii)$600,000,000 for fiscal year 2022;
(iii)$700,000,000 for fiscal year 2023;
(iv)$800,000,000 for fiscal year 2024;
(v)$900,000,000 for fiscal year 2025;
(vi)$1,000,000,000 for fiscal year 2026;
(vii)$1,200,000,000 for fiscal year 2027;
(viii)$1,300,000,000 for fiscal year 2028;
(ix)$1,400,000,000 for fiscal year 2029; and
(x)$1,500,000,000 for fiscal year 2030 and thereafter; and
(2)for the Operation and Maintenance account of the Corps of Engineers which is designated in statute as being to carry out subsection (c) of section 2238c of this title, not to exceed—
(A)$50,000,000 for fiscal year 2021;
(B)$50,000,000 for fiscal year 2022;
(C)$56,000,000 for fiscal year 2023;
(D)$58,000,000 for fiscal year 2024;
(E)$60,000,000 for fiscal year 2025;
(F)$62,000,000 for fiscal year 2026;
(G)$64,000,000 for fiscal year 2027;
(H)$66,000,000 for fiscal year 2028;
(I)$68,000,000 for fiscal year 2029; and
(J)$70,000,000 for fiscal year 2030;

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Congressional Budget and Impoundment Control Act of 1974, referred to in concluding provisions, is Pub. L. 93–344, July 12, 1974, 88 Stat. 297. For complete classification of this Act to the Code, see

Short Title

note set out under section 621 of Title 2, The Congress, and Tables. The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in concluding provisions, is title II of Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038, which enacted chapter 20 (§ 900 et seq.) and sections 654 to 656 of Title 2, The Congress, amended section 602, 622, 631 to 642, and 651 to 653 of Title 2, sections 1104 to 1106, and 1109 of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare, repealed section 661 of Title 2, enacted provisions set out as notes under section 900 of Title 2 and section 911 of Title 42, and amended provisions set out as a note under section 621 of Title 2. For complete classification of this Act to the Code, see

Short Title

note set out under section 900 of Title 2 and Tables. Codification Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Amendments

2020—Pub. L. 116–260 amended section generally. Prior to amendment, text read as follows: “Any discretionary appropriation for the Corps of Engineers derived from the Harbor Maintenance Trust Fund (not to exceed the total amount deposited in the Harbor Maintenance Trust Fund in the prior fiscal year) shall be subtracted from the estimate of discretionary budget authority and outlays for any estimate of an appropriations Act under the Congressional Budget and Impoundment Control Act of 1974 or the Balanced Budget and Emergency Deficit Control Act of 1985: Provided, That the modifications described in this section shall not take effect until the earlier of January 1, 2021 or the date of enactment of legislation authorizing the development of water resources and shall remain in effect thereafter.”

Reference

Citations & Metadata

Citation

33 U.S.C. § 2238b–1

Title 33 — Navigation and Navigable Waters

Last Updated

Apr 6, 2026

Release point: 119-73