{"identifier":"/us/usc/t33/s2241","title":33,"num":"\u00a7\u202f2241.","heading":"Definitions","text":"\u00a7\u202f2241.\nDefinitions\nFor purposes of this subchapter\u2014\n(1)\nDeep-draft harbor\nThe term \u201cdeep-draft harbor\u201d 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\nsection 202 of this title\n(2)\nEligible operations and maintenance\n(A) Except as provided in subparagraph (B), the term \u201celigible operations and maintenance\u201d 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.\n(B) As applied to the Saint Lawrence Seaway, the term \u201celigible operations and maintenance\u201d 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.\n(C) The term \u201celigible operations and maintenance\u201d does not include providing any lands, easements, or rights-of-way, or performing relocations required for project operations and maintenance.\n(3)\nGeneral cargo harbor\nThe term \u201cgeneral cargo harbor\u201d means a harbor for which a project is authorized by\nsection 202 of this title\n(4)\nHarbor\nThe term \u201charbor\u201d 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\u2014\n(A) an inland harbor;\n(B) the Saint Lawrence Seaway;\n(C) local access or berthing channels;\n(D) channels or harbors constructed or maintained by nonpublic interests; and\n(E) any portion of the Columbia River other than the channels on the downstream side of Bonneville lock and dam.\n(5)\nInland harbor\nThe term \u201cinland harbor\u201d 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\u2014\n(A) projects on the Great Lakes;\n(B) projects that are subject to tidal influence;\n(C) projects with authorized depths of greater than 20 feet;\n(D) local access or berthing channels; and\n(E) projects constructed or maintained by nonpublic interests.\n(6)\nNominal depth\nThe term \u201cnominal depth\u201d 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.\n(7)\nNon-Federal interest\nThe term \u201cnon-Federal interest\u201d has the meaning such term has under\nsection 1962d\u20135b of title 42\n(8)\nUnited States\nThe term \u201cUnited States\u201d 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.","url":"https://projectusc.org/usc/t33/s2241.html","content":[{"t":"sec","id":"/us/usc/t33/s2241","children":[{"t":"num","text":"\u00a7\u202f2241."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"For purposes of this subchapter\u2014"},{"t":"para","id":"/us/usc/t33/s2241/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Deep-draft harbor"},{"t":"content","children":[{"t":"p","text":"The term \u201cdeep-draft harbor\u201d 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 ","children":[{"t":"ref","text":"section 202 of this title","href":"/us/usc/t33/s202","tail":")."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2241/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Eligible operations and maintenance"},{"t":"subpara","id":"/us/usc/t33/s2241/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" Except as provided in subparagraph (B), the term \u201celigible operations and maintenance\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t33/s2241/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" As applied to the Saint Lawrence Seaway, the term \u201celigible operations and maintenance\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t33/s2241/2/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" The term \u201celigible operations and maintenance\u201d does not include providing any lands, easements, or rights-of-way, or performing relocations required for project operations and maintenance.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2241/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"General cargo harbor"},{"t":"content","children":[{"t":"p","text":"The term \u201cgeneral cargo harbor\u201d means a harbor for which a project is authorized by ","children":[{"t":"ref","text":"section 202 of this title","href":"/us/usc/t33/s202","tail":" and any other harbor which is authorized to be constructed to a depth of more than 20 feet but not more than 45 feet;"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2241/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Harbor"},{"t":"chapeau","text":"The term \u201charbor\u201d 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\u2014"},{"t":"subpara","id":"/us/usc/t33/s2241/4/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" an inland harbor;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t33/s2241/4/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the Saint Lawrence Seaway;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t33/s2241/4/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" local access or berthing channels;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t33/s2241/4/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" channels or harbors constructed or maintained by nonpublic interests; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t33/s2241/4/E","children":[{"t":"num","text":"(E)"},{"t":"content","text":" any portion of the Columbia River other than the channels on the downstream side of Bonneville lock and dam.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2241/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Inland harbor"},{"t":"chapeau","text":"The term \u201cinland harbor\u201d 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\u2014"},{"t":"subpara","id":"/us/usc/t33/s2241/5/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" projects on the Great Lakes;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t33/s2241/5/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" projects that are subject to tidal influence;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t33/s2241/5/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" projects with authorized depths of greater than 20 feet;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t33/s2241/5/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" local access or berthing channels; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t33/s2241/5/E","children":[{"t":"num","text":"(E)"},{"t":"content","text":" projects constructed or maintained by nonpublic interests.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2241/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Nominal depth"},{"t":"content","children":[{"t":"p","text":"The term \u201cnominal depth\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2241/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Non-Federal interest"},{"t":"content","children":[{"t":"p","text":"The term \u201cnon-Federal interest\u201d has the meaning such term has under ","children":[{"t":"ref","text":"section 1962d\u20135b of title 42","href":"/us/usc/t42/s1962d\u20135b","tail":" 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."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2241/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"United States"},{"t":"content","children":[{"t":"p","text":"The term \u201cUnited States\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}