§ 2241. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2241]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 36--WATER RESOURCES DEVELOPMENT
SUBCHAPTER II--HARBOR DEVELOPMENT
Sec. 2241. Definitions
For purposes of this subchapter--
(1) Deep-draft harbor
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) Eligible operations and maintenance
(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 Saint 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) General cargo harbor
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) Harbor
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) Inland harbor
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) Nominal depth
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) 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.
(Pub. L. 99-662, title II, Sec. 214, Nov. 17, 1986, 100 Stat. 4108; Pub.
L. 104-303, title II, Sec. 201(e), Oct. 12, 1996, 110 Stat. 3672.)
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
1996--Par. (2)(A). Pub. L. 104-303, Sec. 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, Sec. 201(e)(2), substituted ``or
rights-of-way,'' for ``rights-of-way, or dredged material disposal
areas,''.
Increases in Non-Federal Share of Costs
Amendment 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.
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.
Section Referred to in Other Sections
This section is referred to in section 2219 of this title.
