Sec. 3508. Assistance for inland and small coastal ports and terminals
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/bill/116/hr/6395/eh/section-3508A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 50302 of title 46, United States Code, is amended— in subsection (c)— in paragraph (2)— by inserting and subsection
(d)after this subsection ; and by adding at the end the following: In the case of a small project funded under subsection (d), a private entity or group of entities. ; in paragraph
(6)by striking subparagraph (C); in paragraph (7)(B) by striking paragraph (3)(A) and inserting subsection
(d); in paragraph (8)(B)— in clause
(i)by striking under this subsection and inserting under this subsection and subsection
(d); and in clause
(ii)by inserting under subsection
(d)or after project ; and in paragraph
(11)by— striking under this subsection and inserting under this subsection and subsection
(d)each place such phrase appears; and striking fiscal year. and inserting fiscal year, and shall be awarded as grants under the subsection for which the original grant was made. ; by redesignating subsection
(d)as subsection (e); by inserting after subsection
(c)the following: Of amounts reserved under subsection (c)(7)(B), the Secretary, acting through the Administrator of the Maritime Administration, shall make grants under this subsection— to the owners or operators of a facility at a port, as such term is defined in subsection (c), to and from which the average annual tonnage of cargo for the immediately preceding 3 calendar years from the time an application is submitted is less than 8,000,000 short tons as determined using Corps of Engineers data; and for infrastructure improvements, equipment purchases, and capital investments at such a facility, including piers, wharves, docks, terminals, and similar structures used principally for the movement of goods, including areas of land, water, or areas in proximity to such structure that are necessary for the movement of goods. In providing assistance under this subsection, the Secretary shall— take into account— the economic advantage and the contribution to freight transportation at an eligible facility; and the competitive disadvantage of an eligible facility; not make more than 1 award per applicant for each fiscal year appropriation; and promote the enhancement and efficiencies of an eligible facility. Assistance provided under this subsection may be used to— make capital improvements; construct, improve, repair, or maintain transportation or physical infrastructure, buildings, equipment, or facility security; perform planning activities related to carrying out an activity described in clause (i); and otherwise fulfill the purposes for which such assistance is provided. The Secretary may not require as a condition of issuing a grant under this subsection— direct ownership of either a facility or equipment to be procured using funds awarded under this subsection; or that equipment procured using such funds be new. Funds provided under this subsection may not be used for— projects conducted on property lying outside port or terminal boundaries and not owned or leased by the applicant; any single grant award more than 10 percent of total allocation of funds to carry out this subsection per fiscal year appropriation; or activities, including channel improvements or harbor deepening, authorized, as of the date of the application for assistance under this subsection, to be carried out by of the Corps of Engineers. The Secretary may not provide assistance under this subsection unless the Secretary determines that sufficient funding is available to meet the matching requirements of subsection (c)(8). Any costs of the project to be paid by the recipient’s matching share may be incurred prior to the date on which assistance is provided. For the purpose of making the determination under subparagraph (A), funding may include a loan agreement, a commitment from investors, cash on balance sheet, or other contributions determined acceptable by the Secretary. Each application submitted shall include a comprehensive description of— the project; the need for the project; the methodology for implementing the project; and documentation of matching funds as described in paragraph (5). In determining whether a project will achieve the purposes for which such assistance is requested under this subsection, the Secretary shall accept documentation used to obtain a commitment of the matching funds described in paragraph (5), including feasibility studies, business plans, investor prospectuses, loan applications, or similar documentation. The Secretary may not award a grant under this subsection unless the Secretary determines that the— project will be completed without unreasonable delay; and recipient has authority to carry out the proposed project. The Administrator shall issue guidelines to establish appropriate accounting, reporting, and review procedures to ensure that— assistance provided under this subsection is used for the purposes for which such assistance made available; and grantees have properly accounted for all expenditures of grant funds. All grantees under this subsection shall maintain such records as the Administrator may require and make such records available for review and audit by the Administrator. Not more than 10 percent of the funds made available under subsection (c)(7)(B) may be used to the planning and design of eligible projects described in paragraph (3)(A)(iii). In this subsection, the term project has the meaning given such term in subsection (c). .