Sec. 3504. Assistance for inland and small coastal ports and terminals
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Section 50302 of title 46, United States Code, is amended— in subsection (c)— in paragraph (2)— in the matter preceding subparagraph (A), by inserting or subsection
(d)after this subsection ; and in subparagraph (G), by inserting , including the owners or operators of a facility, or collection of facilities at a port after private entities ; in paragraph (5)— in subparagraph (A), by inserting or subsection
(d)after this subsection ; in subparagraph (B)— by striking 60 and inserting 90 ; and by inserting or subsection
(d)after this subsection ; in paragraph (6), by striking subparagraph (C); in paragraph (7)— in subparagraph (B)— by striking 25 percent and inserting 18 percent ; and by striking paragraph (3)(A) and all that follows through the period at the end of clause
(ii)and inserting subsection (d). The requirement under paragraph (6)(A)(ii) shall not apply to grants made under subsection (d). ; and by striking subparagraph
(C)and inserting the following: Of the amounts made available for grants under this section for a fiscal year— not more than 10 percent may be used to make grants for development phase activities under paragraph (3)(B); and not more than 10 percent may be used to make grants for development phase activities under subsection (d)(3)(A)(ii)(III). ; in paragraph (8)— in subparagraph (A)— by inserting or subsection
(d)after this subsection the first place it appears; and by striking a project under this subsection and inserting the project for which the grant is requested ; in subparagraph (B)— in clause
(i)by striking under this subsection and inserting under this subsection or subsection
(d); and in clause
(ii)by inserting for which a grant is awarded under subsection
(d)or that is after project ; and in paragraph (9), by inserting for grants made under this subsection and subsection
(d)after procedures ; in paragraph (10), by inserting or subsection
(d)after this subsection ; in paragraph (11)— in subparagraph (A)— by striking under this subsection and inserting to make grants for port development under this section ; and by striking to carry out this subsection and inserting to make grants for port development under this section ; in subparagraph (B)— in clause (i), by striking for carrying out this subsection and inserting to make grants for port development under this section ; and in clause (ii)— by striking under this subsection and inserting for port development under this section ; by inserting or that are returned under paragraph (9)(C) after the award ; and by adding at the end the following new sentence: Any such amount may only be expended to award a grant under the same subsection of this section under which the original grant was made. ; and in paragraph (12)— by inserting and subsection
(d)after this subsection ; and by striking subparagraph
(A)and redesignating subparagraphs
(B)through
(D)as subparagraphs
(A)through (C), respectively; by redesignating subsection
(d)as subsection (e); by inserting after subsection
(c)the following new subsection (d): From amounts reserved under subsection (c)(7)(B), the Secretary, acting through the Administrator of the Maritime Administration, shall make grants under this subsection to eligible applicants for eligible projects at a port, 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 United States Army Corps of Engineers data or data provided by an independent audit the findings of which are acceptable to the Secretary. In providing assistance under this subsection, the Secretary shall— take into account— the economic advantage and the contribution to freight transportation at a port; and the competitive disadvantage of such a port; not make more than 1 award per applicant under this subsection for each fiscal year appropriation; and take into consideration the degree to which a project would promote the enhancement and efficiencies of a port. Assistance provided under this subsection may be used for a project that— is— within the boundary of a port; or outside the boundary of a port, but is directly related to port operations or to an intermodal connection to a port; and for— making capital improvements, including to piers, wharves, docks, terminals, and similar structures used principally for the movement of goods; acquiring, improving, repairing, or maintaining transportation or physical infrastructure, buildings, or equipment; performing development phase activities described in subsection (c)(3)(B) related to carrying out an activity described in this clause; and otherwise fulfilling 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 outside the boundary of a port unless such property is directly related to port operations or to an intermodal connection to a port; 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 that is part of a Federal channel or an access channel associated with a Federal channel, authorized, as of the date of the application for assistance under this subsection, to be carried out by of the United States Army Corps of Engineers. Any costs of the project to be paid by the recipient’s matching share pursuant to subsection (c)(8)(B) may— be incurred prior to the date on which assistance is provided; and include a loan agreement, a commitment from investors, cash on balance sheet, or other contributions determined acceptable by the Secretary. In determining whether a project meets the criteria under clauses (i), (iii), (iv), (v), and
(vi)of subsection (c)(6)(A), the Secretary shall accept documentation used to obtain a commitment of the matching funds covered by this paragraph, including feasibility studies, business plans, investor prospectuses, loan applications, or similar documentation. ; and in subsection (e)(3), as so redesignated— by inserting or subsection
(d)after subsection
(c); and by striking to port authorities or commissions or their subdivisions and agents and inserting to any eligible applicants as described in subsection (c)(2) .