Page:United States Statutes at Large Volume 100 Part 5.djvu/629

 PUBLIC LAW 99-662—NOV. 17, 1986 ~* »: ". <>? jsiiy

100 STAT. 4103

(ii) to finance the cost of construction and operation and maintenance of a navigation project for a harbor under section 204 or 205 of this Act; and (B) provide emergency response services in the harbor, including contingency planning, necessary personnel training, and the procurement of equipment and facilities.

(2) LIMITATION ON PORT OR HARBOR DUES FOR EMERGENCY

SERVICE.—Port or harbor dues may not be levied for the purposes described in paragraph (I)(B) of this subsection after the dues cease to be levied for the purposes described in paragraph (I)(A) of this subsection. (3) GENERAL LIMITATIONS.—(A) Port or harbor dues may not be levied under this section in conjunction with a deepening feature of a navigation improvement project on any vessel if that vessel, based on its design draft, could have utilized the project at mean low water before construction. In the case of project features which solely— (i) widen channels or harbors, (ii) create or enlarge bend easings, turning basins or anchorage areas, or provide protected areas, or (iii) remove obstructions to navigation, only vessels at least comparable in size to those used to justify these features may be charged under this section. (B) In developing port or harbor dues that may be charged under this section on vessels for project features constructed under this title, the non-Federal interest may consider such criteria as: elapsed time of passage, safety of passage, vessel economy of scale, under keel clearance, vessel draft, vessel squat, vessel speed, sinkage, and trim. (C) Port or harbor dues authorized by this section shall not be imposed on— (i) vessels owned and operated by the United States Government, a foreign country, a State, or a political sub"l> division of a country or State, unless engaged in commercial services; (ii) towing vessels, vessels engaged in dredging activities, or vessels engaged in intraport movements; or ,„ (iii) vessels with design drafts of 20 feet or less when '••'• utilizing general cargo and deep-draft navigation projects.

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(4) FORMULATION OF PORT OR HARBOR DUES.—Port or harbor

dues may be levied only on a vessel entering or departing from a harbor and its cargo on a fair and equitable basis. In formulating port and harbor dues, the non-Federal interest shall consider— (A) the direct and indirect cost of construction, operations, and maintenance, and providing the facilities and - ' services under paragraph (1) of this subsection; (B) the value of those facilities and services to the vessel and cargo; (C) the public policy or interest served; and (D) any other pertinent factors. rt'.'.= (5) NOTICE AND HEARING.—(A) Before the initial levy of or subsequent modification to port or harbor dues under this section, a non-Federal interest shall transmit to the Secretary— (i) the text of the proposed law, regulation, or ordinance that would establish the port or harbor dues, including

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