Title 33 — Navigation and Navigable Waters
Chapter 36 — Water Resources Development
§ 2238b. Funding for harbor maintenance programs
Statutory text
Definitions
In this section:
Total amount of harbor maintenance taxes received
The term “total amount of harbor maintenance taxes received” means, with respect to a fiscal year, the aggregate of amounts appropriated, transferred, or credited to the Harbor Maintenance Trust Fund under section 9505(a) of title 26 for that fiscal year as set forth in the current year estimate provided in the President’s budget request for the subsequent fiscal year, submitted pursuant to section 1105 of title 31.
Total budget resources
The term “total budget resources” means the total amount made available by appropriations Acts from the Harbor Maintenance Trust Fund for a fiscal year for making expenditures under section 9505(c) of title 26.
Target appropriations
In general
Except as provided in subsection (c), the target total budget resources made available to the Secretary from the Harbor Maintenance Trust Fund for a fiscal year shall be not less than the following:
For fiscal year 2015, 67 percent of the total amount of harbor maintenance taxes received in fiscal year 2014.
For fiscal year 2016, 69 percent of the total amount of harbor maintenance taxes received in fiscal year 2015.
For fiscal year 2017, 71 percent of the total amount of harbor maintenance taxes received in fiscal year 2016.
For fiscal year 2018, 74 percent of the total amount of harbor maintenance taxes received in fiscal year 2017.
For fiscal year 2019, 77 percent of the total amount of harbor maintenance taxes received in fiscal year 2018.
For fiscal year 2020, 80 percent of the total amount of harbor maintenance taxes received in fiscal year 2019.
For fiscal year 2021, 83 percent of the total amount of harbor maintenance taxes received in fiscal year 2020.
For fiscal year 2022, 87 percent of the total amount of harbor maintenance taxes received in fiscal year 2021.
For fiscal year 2023, 91 percent of the total amount of harbor maintenance taxes received in fiscal year 2022.
For fiscal year 2024, 95 percent of the total amount of harbor maintenance taxes received in fiscal year 2023.
For fiscal year 2025, and each fiscal year thereafter, 100 percent of the total amount of harbor maintenance taxes received in the previous fiscal year.
Use of amounts
The total budget resources described in paragraph (1) may be used only for making expenditures under section 9505(c) of title 26.
Exception
If the target total budget resources for a fiscal year described in subparagraphs (A) through (J) of subsection (b)(1) is lower than the target total budget resources for the previous fiscal year, the target total budget resources shall be adjusted to be equal to the lesser of—
103 percent of the total budget resources appropriated for the previous fiscal year; or
100 percent of the total amount of harbor maintenance taxes received in the previous fiscal year.
Impact on other funds
Sense of Congress
It is the sense of Congress that any increase in funding for harbor maintenance programs under this section shall result from an overall increase in appropriations for the civil works program of the Corps of Engineers and not from reductions in the appropriations for other programs, projects, and activities carried out by the Corps of Engineers for other authorized purposes.
Application
The target total budget resources for a fiscal year specified in subsection (b)(1) shall only apply in a fiscal year for which the level of appropriations provided for the civil works program of the Corps of Engineers in that fiscal year is increased, as compared to the previous fiscal year, by a dollar amount that is at least equivalent to the dollar amount necessary to address such target total budget resources in that fiscal year.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Water Resources Reform and Development Act of 2014
Pub. L. 113–121 title II § 2101 · 128 Stat. 1193
Enacted · 33 U.S.C. § 2238b
Pub. L. 113–121, title II, § 2101, June 10, 2014, 128 Stat. 1272
Source evidence
Code source credit
Pub. L. 113–121, title II, § 2101, June 10, 2014, 128 Stat. 1272Enacted provision · exact public law section
SEC. 2101. FUNDING FOR HARBOR MAINTENANCE PROGRAMS. (a) Definitions.— In this section: (1) Total amount of harbor maintenance taxes received.— The term “total amount of harbor maintenance taxes received” means, with respect to a fiscal year, the aggregate of amounts appropriated, transferred, or credited to the Harbor Maintenance Trust Fund under section 9505(a) of the Internal Revenue Code of 1986 for that fiscal year as set forth in the current year estimate provided in the President’s budget request for the subsequent fiscal year, submitted pursuant to section 1105 of title 31, United States Code. (2) Total budget resources.— The term “total budget resources” means the total amount made available by appropriations Acts from the Harbor Maintenance Trust Fund for a fiscal year for making expenditures under section 9505(c) of the Internal Revenue Code of 1986. (b) Target Appropriations.— (1) In general.— The target total budget resources made available to the Secretary from the Harbor Maintenance Trust Fund for a fiscal year shall be not less than the following: (A) For fiscal year 2015, 67 percent of the total amount of harbor maintenance taxes received in fiscal year 2014. (B) For fiscal year 2016, 69 percent of the total amount of harbor maintenance taxes received in fiscal year 2015. (C) For fiscal year 2017, 71 percent of the total amount of harbor maintenance taxes received in fiscal year 2016. (D) For fiscal year 2018, 74 percent of the total amount of harbor maintenance taxes received in fiscal year 2017. (E) For fiscal year 2019, 77 percent of the total amount of harbor maintenance taxes received in fiscal year 2018. (F) For fiscal year 2020, 80 percent of the total amount of harbor maintenance taxes received in fiscal year 2019. (G) For fiscal year 2021, 83 percent of the total amount of harbor maintenance taxes received in fiscal year 2020. (H) For fiscal year 2022, 87 percent of the total amount of harbor maintenance taxes received in fiscal year 2021. (I) For fiscal year 2023, 91 percent of the total amount of harbor maintenance taxes received in fiscal year 2022. (J) For fiscal year 2024, 95 percent of the total amount of harbor maintenance taxes received in fiscal year 2023. (K) For fiscal year 2025, and each fiscal year thereafter, 100 percent of the total amount of harbor maintenance taxes received in the previous fiscal year. (2) Use of amounts.— The total budget resources described in paragraph (1) may be used only for making expenditures under section 9505(c) of the Internal Revenue Code of 1986. (c) Impact on Other Funds.— (1) Sense of congress.— It is the sense of Congress that any increase in funding for harbor maintenance programs under this section shall result from an overall increase in appropriations for the civil works program of the Corps of Engineers and not from reductions in the appropriations for other programs, projects, and activities carried out by the Corps of Engineers for other authorized purposes. (2) Application.— The target total budget resources for a fiscal year specified in subsection (b)(1) shall only apply in a fiscal year for which the level of appropriations provided for the civil works program of the Corps of Engineers in that fiscal year is increased, as compared to the previous fiscal year, by a dollar amount that is at least equivalent to the dollar amount necessary to address such target total budget resources in that fiscal year.Water Resources Development Act of 2016
Pub. L. 114–322 § 1108(1) · 130 Stat. 1628
Substituted · 33 U.S.C. § 2238b(b)(1)
Pub. L. 114–322, § 1108(1), substituted “Except as provided in subsection (c), the target total” for “The target total” in introductory provisions
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 114–322, § 1108(1), substituted “Except as provided in subsection (c), the target total” for “The target total” in introductory provisions.Enacted provision · exact public law section
(1) in subsection (b)(1), in the matter preceding subparagraph (A), by striking “The target total” and inserting “Except as provided in subsection (c), the target total”;Water Resources Development Act of 2016
Pub. L. 114–322 § 1108(2) · 130 Stat. 1628
Added · 33 U.S.C. § 2238b(c); 33 U.S.C. § 2238b(d)
Pub. L. 114–322, § 1108(2), (3), added subsec. (c)
Redesignated · 33 U.S.C. § 2238b(c); 33 U.S.C. § 2238b(d)
Pub. L. 114–322, § 1108(2), (3), redesignated former subsec. (c) as (d)
Source evidence
Code amendment note
Subsecs. (c), (d). Pub. L. 114–322, § 1108(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d).Enacted provision · exact public law section
(2) by redesignating subsection (c) as subsection (d); and
4 of 4 references resolved to an enrolled provision
Editorial Notes
Codification
Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Amendments
Subsec. (b)(1). Pub. L. 114–322, § 1108(1), substituted “Except as provided in subsection (c), the target total” for “The target total” in introductory provisions.
Subsecs. (c), (d). Pub. L. 114–322, § 1108(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d).
Statutory Notes and Related Subsidiaries
“Secretary” Defined
Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section 2201 of this title.
Credits
2014–2016 · 2 acts
- 2014Pub. L. 113–121, title II, § 2101, , 128 Stat. 1272
- 2016Pub. L. 114–322, title I, § 1108, , 130 Stat. 1634.
Show as published
(Pub. L. 113–121, title II, § 2101, , 128 Stat. 1272; Pub. L. 114–322, title I, § 1108, , 130 Stat. 1634.)