33 U.S.C. § 2241 : US Code - Section 2241: Definitions

Search 33 U.S.C. § 2241 : US Code - Section 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.