AUTHORIZATION OF APPROPRIATIONS FOR NAVIGATION.

SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR NAVIGATION. (a) [33 U.S.C. 2238 note] Authorization.— (1) In general.—In carrying out subsection (c) of section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 2238), for each fiscal year, of the funds made available under such section (including funds appropriated from the Harbor Maintenance Trust Fund), the Secretary shall, to the extent practicable, unless otherwise directed in an Act making appropriations for the Corps of Engineers, make expenditures to pay for operation and maintenance costs of the harbors and inland harbors referred to in subsection (a)(2) of such section, to the extent there are identifiable operations and maintenance needs, of— (A) not less than 15 percent of such funds for emerging harbor projects, including eligible breakwater and jetty needs at such harbor projects; (B) not less than 13 percent of such funds for projects that are located within the Great Lakes Navigation System; (C) 12 percent of such funds for expanded uses carried out at donor ports and energy transfer ports, of which— (i) ⅓ shall be provided to energy transfer ports; and (ii) ⅔ shall be provided to donor ports; (D) not less than 17 percent of such funds for projects that are assigned to commercial strategic seaports; and (E) any remaining funds for operation and maintenance costs of any harbor or inland harbor referred to in such subsection (a)(2) based on an equitable allocation of such funds among such harbors and inland harbors, in accordance with subsection (c)(1) of such section 210. (2) Definitions.—In this subsection: (A) Commercial strategic seaport.—The term “commercial strategic seaport” means a commercial harbor supporting the coordination of efficient port operations during peacetime and national defense emergencies that is designated as strategic through the National Port Readiness Network. (B) Donor port; energy transfer port.—The terms “donor port” and “energy transfer port” have the meanings given those terms in section 2106 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2238c). (C) Emerging harbor project; great lakes navigation system.—The terms “emerging harbor project” and “Great Lakes Navigation System” have the meanings given those terms in section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 2238). (3) Effective date.—This subsection shall take effect on October 1, 2022. (b) Additional Uses.— (1) Operation and maintenance of harbor projects.—Section 210(c)(3) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(c)(3)) is amended— (A) by striking “Notwithstanding” and inserting the following: “(A) Allocation.—Notwithstanding” ; and (B) by adding at the end the following: “(B) Additional uses at emerging harbors.— “(i) Uses.—In each fiscal year, the Secretary may use not more than $5,000,000 of funds allocated for emerging harbor projects under paragraph (1) to pay for the costs of up to 10 projects for maintenance dredging of a marina or berthing area, in an emerging harbor, that includes an area that is located adjacent to, or is accessible by, a Federal navigation project, subject to clauses (ii) and (iii) of this subparagraph. “(ii) Eligible emerging harbors.—The Secretary may use funds as authorized under clause (i) at an emerging harbor that— “(I) supports commercial activities, including commercial fishing operations, commercial fish processing operations, recreational and sport fishing, and commercial boat yards; or “(II) supports activities of the Secretary of the department in which the Coast Guard is operating. “(iii) Cost-sharing requirements.—The Secretary shall require a non-Federal interest to contribute not less than 25 percent of the costs for maintenance dredging of that portion of a maintenance dredging project described in clause (i) that is located outside of the Federal navigation project, which may be provided as an in-kind contribution, including through the use of dredge equipment owned by non-Federal interest to carry out such activities.” . (2) Assessment of harbors and inland harbors.—Section 210(e)(2)(A)(ii) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(e)(2)(A)(ii)) is amended by inserting “uses described in subsection (c)(3)(B) and” after “costs for”. (3) Definitions.—Section 210(f) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(f)) is amended— (A) by striking paragraph (6); (B) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; (C) by striking paragraph (2) and inserting the following: “(2) Emerging harbor.—The term ‘emerging harbor’ means a harbor or inland harbor referred to in subsection (a)(2) that transits less than 1,000,000 tons of cargo annually. “(3) Emerging harbor project.—The term ‘emerging harbor project’ means a project that is assigned to an emerging harbor.” ; and (D) in paragraph (4) (as so redesignated), by adding at the end the following: “(C) An in-water improvement, if the improvement— “(i) is for the seismic reinforcement of a wharf or other berthing structure, or the repair or replacement of a deteriorating wharf or other berthing structure, at a port facility; “(ii) benefits commercial navigation at the harbor; and “(iii) is located in, or adjacent to, a berth that is accessible to a Federal navigation project. “(D) An activity to maintain slope stability at a berth in a harbor that is accessible to a Federal navigation project if such activity benefits commercial navigation at the harbor.” .