§2241 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Defines key words used in this part of the law. It explains what kinds of harbors and work the rules cover. "Deep-draft harbor" means a harbor approved to be dug deeper than 45 feet, except projects approved under section 202. "Eligible operations and maintenance" means federal work to operate, keep up, repair, or rehab navigation projects, including maintenance dredging to keep width and depth, building and running dredged-material disposal sites, removing contaminated sediments that affect federal channels, and fixing harms caused by federal O&M. For the Saint Lawrence Seaway, it means the same kinds of work needed to keep that Seaway operated and in repair. It does not include buying land, easements, rights-of-way, or doing required relocations. "General cargo harbor" means harbors approved under section 202 and harbors built deeper than 20 feet but not deeper than 45 feet. "Harbor" means any channel or harbor used to move commercial cargo by commercial ships, but it does not include inland harbors, the Saint Lawrence Seaway, local access or berthing channels, channels built or kept by private parties, or any part of the Columbia River except the channels downstream of Bonneville Lock and Dam. "Inland harbor" means a navigation project mainly for commercial vessels on inland waters and does not include Great Lakes projects, tidal projects, projects deeper than 20 feet, local access or berthing channels, or projects built or kept by private parties. "Nominal depth" means the stated project depth, including any extra depth needed so vessels can pass safely at mean low tide. "Non-Federal interest" has the meaning given in 42 U.S.C. 1962d–5b and includes interstate agencies and port authorities set up by compacts between states with Congress’s consent under Article I, section 10 of the Constitution. "United States" includes the several States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Northern Mariana Islands, and any other territory or possession under U.S. jurisdiction.

Title 33, §2241

Navigation and Navigable Waters — Source: USLM XML via OLRC

For purposes of this subchapter—

(1)The term “deep-draft harbor” means a harbor which is authorized to be constructed to a depth of more than 45 feet (other than a project which is authorized by section 202 of this title).

(2)(A)Except as provided in subparagraph (B), the term “eligible operations and maintenance” means all Federal operations, maintenance, repair, and rehabilitation, including (i) maintenance dredging reasonably necessary to maintain the width and nominal depth of any harbor or inland harbor; (ii) the construction of dredged material disposal facilities that are necessary for the operation and maintenance of any harbor or inland harbor; (iii) dredging and disposing of contaminated sediments that are in or that affect the maintenance of Federal navigation channels; (iv) mitigating for impacts resulting from Federal navigation operation and maintenance activities; and (v) operating and maintaining dredged material disposal facilities.

(B)As applied to the Saint Lawrence Seaway, the term “eligible operations and maintenance” means all operations, maintenance, repair, and rehabilitation, including maintenance dredging reasonably necessary to keep such Seaway or navigation improvements operated or maintained by the Great Lakes St. Lawrence Seaway Development Corporation in operation and reasonable state of repair.

(C)The term “eligible operations and maintenance” does not include providing any lands, easements, or rights-of-way, or performing relocations required for project operations and maintenance.

(3)The term “general cargo harbor” means a harbor for which a project is authorized by section 202 of this title and any other harbor which is authorized to be constructed to a depth of more than 20 feet but not more than 45 feet;

(4)The term “harbor” means any channel or harbor, or element thereof, in the United States, capable of being utilized in the transportation of commercial cargo in domestic or foreign waterborne commerce by commercial vessels. The term does not include—

(A)an inland harbor;

(B)the Saint Lawrence Seaway;

(C)local access or berthing channels;

(D)channels or harbors constructed or maintained by nonpublic interests; and

(E)any portion of the Columbia River other than the channels on the downstream side of Bonneville lock and dam.

(5)The term “inland harbor” means a navigation project which is used principally for the accommodation of commercial vessels and the receipt and shipment of waterborne cargoes on inland waters. The term does not include—

(A)projects on the Great Lakes;

(B)projects that are subject to tidal influence;

(C)projects with authorized depths of greater than 20 feet;

(D)local access or berthing channels; and

(E)projects constructed or maintained by nonpublic interests.

(6)The term “nominal depth” means, in relation to the stated depth for any navigation improvement project, such depth, including any greater depths which must be maintained for any harbor or inland harbor or element thereof included within such project in order to ensure the safe passage at mean low tide of any vessel requiring the stated depth.

(7)The term “non-Federal interest” has the meaning such term has under section 1962d–5b of title 42 and includes any interstate agency and port authority established under a compact entered into between two or more States with the consent of Congress under section 10 of Article I of the Constitution.

(8)The term “United States” means all areas included within the territorial boundaries of the United States, including the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Northern Mariana Islands, and any other territory or possession over which the United States exercises jurisdiction.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 202 of this title, referred to in pars. (1) and (3), is section 202 of title II of Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4091, which is not classified to the Code.

Amendments

2020—Par. (2)(B). Pub. L. 116–260 substituted “Great Lakes St. Lawrence Seaway Development Corporation” for “Saint Lawrence Seaway Development Corporation”. 1996—Par. (2)(A). Pub. L. 104–303, § 201(e)(1), inserted “Federal” after “means all” and “(i)” after “including”, and inserted before period at end a semicolon and cls. (ii) to (v). Par. (2)(C). Pub. L. 104–303, § 201(e)(2), substituted “or rights-of-way,” for “rights-of-way, or dredged material disposal areas,”.

Statutory Notes and Related Subsidiaries

Increases in Non-Federal Share of CostsAmendment by Pub. L. 104–303 not to increase, or result in increase of, non-Federal share of costs of expanding any confined dredged material disposal facility that is operated by Secretary and authorized for cost recovery through collection of tolls, any confined dredged material disposal facility for which invitation for bids for

Construction

was issued before Oct. 12, 1996, and expanding any confined dredged material disposal facility constructed under section 1293a of this title if capacity of confined dredged material disposal facility was exceeded in less than 6 years, see section 201(g) of Pub. L. 104–303, set out as a note under section 2211 of this title.

Executive Documents

Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

§2241 Definitions