To modify a provision relating to Harbor Maintenance Trust Fund prioritization.

1. Rewrites page 299, line 9 through page 301, line 16

   ReplacesPrinted page

   Removes page 299, line 9 through page 301, line 16 of the printed bill. See that page

   Inserted: (D) Low-use port.--The term 'low-use port' means a port at which not more than 1,000,000 tons of cargo are transported each calendar year.

   Inserted: (E) Moderate-use port.--The term 'moderate-use port' means a port at which more than 1,000,000, but fewer than 10,000,000, tons of cargo are transported each calendar year.

   Inserted: (2) Priority.--Of the amounts made available under this section to carry out projects described in subsection (a)(2) that are in excess of the amounts made available to carry out those projects in fiscal year 2012, the Secretary of the Army, acting through the Chief of Engineers, shall give priority to those projects in the following order:

   Inserted: (A)(i) In any fiscal year in which all projects subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or a successor regulation) are not maintained to their constructed width and depth, the Secretary shall prioritize amounts made available under this section for those projects that are high-use deep draft and are a priority for navigation in the Great Lakes Navigation System.

   Inserted: (ii) Of the amounts made available under clause (i)--

   Inserted: (I) 80 percent shall be used for projects that are high-use deep draft; and

   Inserted: (II) 20 percent shall be used for projects that are a priority for navigation in the Great Lakes Navigation System.

   Inserted: (B) In any fiscal year in which all projects identified as high-use deep draft are maintained to their constructed width and depth, the Secretary shall--

   Inserted: (i) equally divide among each of the districts of the Corps of Engineers in which eligible projects are located 10 percent of remaining amounts made available under this section for moderate-use and low-use port projects--

   Inserted: (I) that have been maintained at less than their constructed width and depth during the preceding 8 fiscal years; and

   Inserted: (II) for which significant State and local investments in infrastructure have been made at those projects during the preceding 8 fiscal years; and

   Inserted: (ii) prioritize any remaining amounts made available under this section for those projects that are not maintained to the minimum width and depth necessary to provide sufficient clearance for fully loaded commercial vessels using those projects to maneuver safely.

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   Inserted: (3) Administration.--For purposes of this subsection, State and local investments in infrastructure shall include infrastructure investments made using amounts made available for activities under section 105(a)(9) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)(9)).

   Inserted: (4) Exceptions.--The Secretary may prioritize a project not identified in paragraph (2) if the Secretary determines that funding for the project is necessary to address--

   Inserted: (A) hazardous navigation conditions; or

   Inserted: (B) impacts of natural disasters, including storms and droughts.

   Inserted: (5) Reports to congress.--Not later than September 30, 2013, and annually thereafter, the Secretary shall submit to Congress a report that describes, with respect to the preceding fiscal year--

   Inserted: (A) the amount of funds used to maintain high-use deep draft projects and projects at moderate-use ports and low-use ports to the constructed depth and width of the projects;

   Inserted: (B) the respective percentage of total funds provided under this section used for high use deep draft projects and projects at moderate-use ports and low-use ports;

   Inserted: (C) the remaining amount of funds made available to carry out this section, if any; and

   Inserted: (D) any additional amounts needed to maintain the high-use deep draft projects and projects at moderate-use ports and low-use ports to the constructed depth and width of the projects.

   Original wording

   Beginning on page 299, strike line 9 and all that follows through page 301, line 16, and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed