Ports and Navigation Improvement Act of 1981

Summary

Ports and Navigation Improvement Act of 1981 - Directs the Secretary of the Army, acting through the Chief of Engineers, to undertake navigation improvements to: (1) Norfolk Harbor and Channels, Virginia; (2) Mobile Harbor, Alabama; and (3) deep-draft access to the Ports of New Orleans and Baton Rouge, Louisiana. Requires the Chief of Engineers, within one year of the date of enactment of this Act, to submit to Congress a final environmental impact statement for each such project demonstrating compliance with the National Environmental Policy Act of 1969, the Clean Water Act, the Marine Protection, Research and Sanctuaries Act of 1972, the Fish and Wildlife Coordination Act, and other pertinent statutory requirements. Authorizes the Secretary, acting through the Chief of Engineers, to develop and maintain the Nation's rivers, harbors, and other waterways to insure the safe and efficient conduct of defense transportation and foreign and domestic commerce. Requires the Chief of Engineers, prior to initiation of any such work, to submit to Congress a final environmental impact statement. Requires each such statement to be submitted to Congress within one year of the date of the completion of the draft environmental impact statement. Declares that the absence of a concurrent resolution of Congressional disapproval within 60 days after submission shall constitute a determination of compliance with the appropriate environmental requirements. Authorizes the Secretary, upon request of responsible non-Federal interests and subject to written agreements by such interests to repay or reimburse the Federal government, to plan and design terminals, berthing areas, storage, and transfer facilities at the harbors and ports authorized by and in accordance with this Act. Declares that environmental impact statements for such projects and improvements authorized by this Act, findings and determinations by Congress, and actions to carry out such projects and improvements shall not be subject to judicial review except for claims alleging: (1) invalidity of this Act; and (2) unconstitutionality. Gives exclusive jurisdiction to the U.S. district court for the district where the improvement is located. Gives docket priority to such proceedings in such court. Authorizes necessary appropriations. Authorizes the transfer of Department of the Army civil works funds until such appropriation.

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1 official file

• Introduced in Senate

  summary · EN · 30 March 1981

  Open at official source

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