Deep-Draft Navigation Act of 1983
United States · United States Congress · 3 January 1985
Deep-Draft Navigation Act of 1983 - Title I: Findings and Purposes; Definitions - Sets forth the findings of the Congress and the purposes of this Act. Title II: Creation of Trust Fund to Administer Accounts for Operations and Maintenance, Improvement Projects, and Local-Share Credits - Establishes the Deep-Draft Navigation Trust Fund in the Treasury, consisting of: (1) the Operations and Maintenance Account; (2) the Navigation Improvement Account; and (3) the Special Credit Account. Requires the Secretary of the Treasury to be the trustee of the Trust Fund and to make an annual report to the Congress on the operation and status of the Fund. Specifies the uses for each Fund account. Title III: Tax on Deep-Draft Commercial Vessels Using Deep-Draft Commercial Channels, Harbors, and Navigational Facilities; Saint Lawrence Seaway Development Corporation - Amends the Internal Revenue Code to impose a tax on the use of any deep-draft commercial channel or harbor within the United States by a deep-draft commercial vessel (vessel). Specifies the rate of such tax. Declares that such tax shall not apply to intraport transfers. Imposes a tax on any vessel using any Great Lakes navigation improvement which is operated or maintained by the United States. Specifies the rate of such tax. Imposes a tax on the use of any deep-draft commercial channel or harbor within the United States for a purpose other than the loading or unloading of commercial cargo (including convenience, bunkering, refitting, or repair). States the rate (including the maximum rate) of such tax. Requires the master of a vessel to report the value of all qualified commercial cargo loaded onto, unloaded from, or contained in such vessel to the U.S. Customs Service upon the loading or unloading of any such cargo or upon passage through any Great Lakes navigation improvement operated or maintained by the United States. Sets forth the powers of the Secretary of the Treasury with regard to determining whether any person is in violation of this Act. Authorizes the Secretary, acting through the U.S. Customs Service or any other designated agency, to assess and collect the taxes imposed under this title. Requires that the liability for the payment of such taxes be imposed on the owner of such vessel. Provides that such taxes shall constitute a valid lien against said vessel in favor of the United States until paid. Sets forth provisions concerning violations and enforcement of this title, including: (1) findings of violations by the Secretary; (2) actions by the Attorney General; (3) jurisdiction and venue of actions under this title; (4) unlawful departure of vessels without paying all taxes; and (5) the unlawful diversion of taxable cargo for tax avoidance purposes. Grants the consent of the Congress to the levying by the States of taxes on cargo to be exported from a State's deep-draft commercial channels and harbors. Sets forth conditions concerning the imposition of such taxes and the rates of the taxes. Directs the Comptroller General to audit the deep-draft commercial harbor operations of States that have not authorized the U.S. Customs Service to accept payment of the tax levied under this title. Requires the Comptroller General to report to the Congress concerning such audits. Amends the Act establishing the Saint Lawrence Seaway Development Corporation to authorize the Corporation to accept certain amounts for the operation and maintenance of authorized deep-water navigation works in the Saint Lawrence Seaway. Waives that portion of the toll levied on a vessel for use of the Seaway to the extent that such toll exceeds the deep-draft commercial vessel tax imposed under this Act. Requires the Corporation to remit to the Treasury all revenues derived from the collection of charges from providing services to vessels using the Seaway and from toll bridge charges. Requires the Secretary of State, in consultation with the Secretary of Transportation, to initiate discussions with the Government of Canada concerning the reduction or elimination of all tolls on the international Great Lakes and/or the Saint Lawrence Seaway. Requires the Secretary of Transportation to report to the Congress on the progress of such discussions and the economic effects on U.S. waterborne commerce of any proposed reduction or elimination in tolls. Title IV: Establishment of Federal/Local Partnership for Deep-Draft Navigation Improvement Projects - Requires the Secretary of the Army to enter into a memorandum of agreement with the port authority sponsoring any deep-draft navigation project prior to submitting recommendations to the Congress for the authorization or reauthorization of such projects. Requires the memorandum to establish the responsibilities of each party with respect to the construction and operation of the project, including a formula (determined in a specified manner) for the allocation of project costs. Grants the consent of the Congress to the imposition of a duty or tax upon any vessel engaged in foreign commerce by any State, political subdivision or agency thereof, for the purpose of recovering the local share of any deep-draft navigation improvement project. Requires all revenue derived from such duty or tax to be paid into the Treasury for credit against the local share of the project costs. States that the Congress reserves the right to withdraw such consent under certain circumstances. Authorizes port authorities to construct and operate a deep-draft navigation project upon entering into a memorandum of agreement with the Secretary. Sets forth certain provisions to be contained in such memorandum. Requires the Secretary to order persons or port authorities in violation of any provision of the memorandum to comply with such memorandum within 90 days. Authorizes the Attorney General to bring a civil action to bring such persons or port authorities into compliance with the memorandum. Requires the National Academy of Sciences to study the economic effects of the taxes imposed and the funding mechanisms established under this Act. Requires the Academy to report the results of such study to the Congress and the President within a specified period. Title V: Expedited Procedure for Authorization and Review of Deep-Draft Navigation Improvement Projects - Authorizes port authorities to submit to the Secretary of the Army proposals for the construction of deep-draft navigation improvement projects. Requires the Secretary to direct the Corps of Engineers to prepare and submit, on an expedited basis, certain reports and an environmental impact assessment of the proposed project. Sets forth procedures to be followed for consolidated environmental review of proposed projects. Requires the Corps of Engineers to be the lead agency in the consolidated environmental review process. Requires the Secretary to evaluate such reports and assessments and to submit recommendations for the construction of such projects (together with a list of all proposals submitted) to the appropriate congressional committees. Prohibits the Secretary from recommending to the Congress any projects or combination of projects for which the total Federal share of projected annual outlays will exceed the amounts available for the Deep-Draft Navigation Trust Fund in such fiscal year. Requires the Secretary to establish and publish in the Federal Register a schedule for all agency decisions relating to such projects and to landside facilities connected to such projects as part of overall port improvement plans. Provides a procedure to be followed in the event of any threatened delay or failure to meet any deadline imposed under the schedule. Sets forth judicial review requirements with respect to agency decisions covered by a project schedule.