Summary: S.1389 — 97th Congress (1981-1982)All Information (Except Text)

There is one summary for S.1389. Bill summaries are authored by CRS.

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Introduced in Senate (06/18/1981)

National Port and Navigation Improvement Act of 1981 - Title I: Short Title: Findings and Purposes and Objectives; Definitions - Sets forth the findings of Congress concerning deep-draft commercial ports in the United States.

Title II: Priority Navigation Projects - Directs the Secretary of the Army, through the Chief of Engineers, to prepare, maintain, and submit to Congress within one year after enactment of this Act, a deep- draft commercial port maintenance program. Specifies that such program shall include a schedule of required maintenance dredging projects.

Directs the Secretary, in cooperation with the Administrator of the Environmental Protection Agency, to submit to Congress a programmatic environmental impact statement, including an analysis of the adequacy of deep-draft commercial ports to accommodate increasing import and export trade.

Requires the Secretary to enter into memorandums of agreement with: (1) the Administrator in regard to the disposal of dredged and fill material into navigable waters; and (2) the Secretaries of the Interior and Commerce concerning the environmental aspects of the maintenance and improvement of federally authorized channels in deep-draft commercial ports.

Provides for veto of such maintenance program and environmental impact statement by concurrent resolution of Congress within 60 days.

Authorizes the Secretary of the Army, for a period of five years (subject to reapproval by resolution of specified congressional committees), to perform maintenance dredging of federally authorized channels.

Directs the Secretary to submit to Congress modifications of existing environmental impact statements for certain navigation improvement projects.

Authorizes the Secretary to undertake navigation improvements in deep-draft commercial ports on a priority basis under specified circumstances. Sets forth procedures by which the Secretary shall submit feasibility studies, survey reports, and environmental impact statements to Congress.

Declares that the absence of a concurrent congressional resolution of disapproval within 60 days following receipt of such study, report, or environmental impact statement shall constitute a determination by Congress that: (1) the navigation improvement project is in the national interest for purposes of the Federal consistency provisions of the Coastal Zone Management Act of 1972; (2) the final environmental impact statement is adequate; and (3) the project is in compliance with the Water Pollution Control Act and the Marine Protection, Research and Sanctuaries Act of 1972.

Directs the Secretary to expedite construction and operation of marine cargo handling facilities at such deep-draft commercial ports.

Exempts such environmental impact statements and other actions to carry out such projects from judicial review, with specified exceptions.

Title III: Priority Navigation Project Financing - Requires that the Secretary and the port proposing such navigational improvements enter into an agreement which provides that such port pay no more than 40 percent of the project construction cost and no more than 25 percent of operation and maintenance costs. Declares that this Act shall not be construed to prohibit non-Federal public bodies from securing financing through means other than provided for in this Act.

Authorizes an affected non-Federal public body to provide for recovery of its reimbursement obligations by the collection of user fees from vessels in commercial waterway transportation in such deep-draft ports.

Authorizes the Secretary, in consultation with the Secretaries of Commerce, State, Transportation, Treasury, Energy, and Agriculture, the Attorney General, and the Director of the Office of Management and Budget, to promulgate regulations and guidelines to govern such programs of non-Federal fee collection.

Declares that this Act shall not be construed to prohibit the Department of the Army or other Federal authority to operate, maintain, or improve any deep-draft channel or deep-draft commercial port for purposes of Coast Guard navigation requirements or other national defense transportation requirements.

Directs the Secretary of the Army to designate a cost allocation of or for national defense and noncommercial purposes of 60 percent for construction and 75 percent for operation and maintenance of deep-draft commercial port navigation improvement projects.

Authorizes the Secretary to study, design, construct, rehabilitate, operate, and maintain such deep-draft ports without Federal contribution if the appropriate non-Federal public body agrees to reimburse the Federal Government for all related costs.

Amends the Internal Revenue Code to exempt from taxation the interest on obligations for such deep- draft commercial ports navigation improvement projects.

Title IV: Miscellaneous Provisions - Authorizes appropriations.

Allows the Secretary, upon congressional approval, to transfer funds from existing Department of the Army civil appropriations pending appropriation of such authorized sums.

Directs the Secretary to report annually to Congress on the actual and anticipated receipts of the United States pursuant to this Act.