PRIA, Government Policy, Made Personal

Summary

Defines key words used in this part about harbors and their upkeep. Deep-draft harbor: a harbor allowed to be built more than 45 feet deep, except projects covered by section 202. Eligible operations and maintenance: federal work to keep harbors working, such as repairs, maintenance dredging to keep width and nominal depth, building and running dredged-material disposal sites, removing contaminated sediments, and fixing harms caused by federal navigation work; for the Saint Lawrence Seaway it means similar upkeep needed to keep it in operation and in reasonable repair. Eligible operations and maintenance do not include buying lands, easements, rights-of-way, or doing required relocations. General cargo harbor: a harbor covered by section 202 or any harbor allowed to be built deeper than 20 feet but not more than 45 feet. Harbor: any U.S. channel or harbor that can carry commercial cargo by commercial ships, but not inland harbors, the Saint Lawrence Seaway, local access or berthing channels, channels or harbors built or kept by nonpublic parties, or parts of the Columbia River upstream of Bonneville lock and dam. Inland harbor: a navigation project mainly used by commercial vessels for inland water cargo, but not projects on the Great Lakes, not tidal projects, not projects authorized deeper than 20 feet, not local access or berthing channels, and not projects built or kept by nonpublic parties. Nominal depth: the official stated depth for a navigation project, including any extra depth that must be kept so ships can pass safely at mean low tide. Non-Federal interest: has the meaning in 42 U.S.C. 1962d–5b and includes interstate agencies and port authorities set up by compacts between states with Congress’s approval. United States: all areas within U.S. territorial boundaries, 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 under U.S. jurisdiction.

Title 33, §2241

Navigation and Navigable Waters, Source: USLM XML via OLRC

For purposes of this subchapter—

(1)Deep-draft harbor (2) Eligible operations and maintenance

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).

(3)General cargo harbor (4) Harbor (5) Inland harbor (6) Nominal depth

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;

(7)Non-Federal interest

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)United States

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